| 2560 | | - | Youth Business Initiative 50,000 |
|---|
| 2561 | | - | House Bill No. 5523 |
|---|
| 2562 | | - | |
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| 2563 | | - | Public Act No. 24-81 50 of 351 |
|---|
| 2564 | | - | |
|---|
| 2565 | | - | Sec. 22. Section 10a-19m of the 2024 supplement to the general |
|---|
| 2566 | | - | statutes is repealed and the following is substituted in lieu thereof |
|---|
| 2567 | | - | (Effective July 1, 2024): |
|---|
| 2568 | | - | (a) On or before January 1, 2025, the executive director of the Office |
|---|
| 2569 | | - | of Higher Education shall establish, within available appropriations, a |
|---|
| 2570 | | - | program to reimburse certain persons for student loan payments. The |
|---|
| 2571 | | - | Office of Higher Education may approve the participation of any person |
|---|
| 2572 | | - | in the student loan reimbursement program who (1) (A) attended a |
|---|
| 2573 | | - | [state college or university] public or independent institution of higher |
|---|
| 2574 | | - | education in the state and graduated with an associate or a bachelor's |
|---|
| 2575 | | - | degree, (B) [left such college or university in good academic standing |
|---|
| 2576 | | - | before graduation, or (C)] holds an occupational or professional license |
|---|
| 2577 | | - | or certification issued pursuant to title 20, or (C) is granted a hardship |
|---|
| 2578 | | - | waiver by the executive director, pursuant to a waiver application |
|---|
| 2579 | | - | submitted by such person in the form and manner prescribed by the |
|---|
| 2580 | | - | executive director; (2) is a resident of the state, as defined in section 12- |
|---|
| 2581 | | - | 701, and has been a resident of the state for not less than five years, as |
|---|
| 2582 | | - | determined by the executive director; (3) has (A) a Connecticut adjusted |
|---|
| 2583 | | - | gross income of not more than one hundred twenty-five thousand |
|---|
| 2584 | | - | dollars and files a return under the federal income tax as an unmarried |
|---|
| 2585 | | - | individual or a married individual filing separately, or (B) a Connecticut |
|---|
| 2586 | | - | adjusted gross income of not more than one hundred seventy-five |
|---|
| 2587 | | - | thousand dollars and files a return under the federal income tax as a |
|---|
| 2588 | | - | head of household, a married individual filing jointly or a surviving |
|---|
| 2589 | | - | spouse, as defined in Section 2(a) of the Internal Revenue Code of 1986, |
|---|
| 2590 | | - | or any subsequent corresponding internal revenue code of the United |
|---|
| 2591 | | - | States, as amended from time to time; and (4) has a student loan. [For |
|---|
| 2592 | | - | the purposes of this section "state college or university" means any |
|---|
| 2593 | | - | public or private college or university in the state.] |
|---|
| 2594 | | - | (b) Persons who qualify under subsection (a) of this section may |
|---|
| 2595 | | - | apply to the Office of Higher Education to participate in the student loan House Bill No. 5523 |
|---|
| 2596 | | - | |
|---|
| 2597 | | - | Public Act No. 24-81 51 of 351 |
|---|
| 2598 | | - | |
|---|
| 2599 | | - | reimbursement program at such time and in such manner as the |
|---|
| 2600 | | - | executive director of said office prescribes. Not later than January 1, |
|---|
| 2601 | | - | 2025, the executive director shall post on said office's Internet web site |
|---|
| 2602 | | - | the (1) qualifications for a hardship waiver described in subparagraph |
|---|
| 2603 | | - | (C) of subdivision (1) of said subsection, and (2) forms required to apply |
|---|
| 2604 | | - | for the student loan reimbursement program and a hardship waiver. |
|---|
| 2605 | | - | The application for the student loan reimbursement program shall |
|---|
| 2606 | | - | include, but not be limited to, an option for a person to disclose such |
|---|
| 2607 | | - | person's demographic information. |
|---|
| 2608 | | - | (c) (1) The executive director of the Office of Higher Education shall |
|---|
| 2609 | | - | award grants to persons approved to participate in the student loan |
|---|
| 2610 | | - | reimbursement program on a first-come, first-served basis, provided |
|---|
| 2611 | | - | such person meets the requirements of this subsection. |
|---|
| 2612 | | - | (2) Each participant in the program shall volunteer for a nonprofit |
|---|
| 2613 | | - | organization that is registered with the Department of Consumer |
|---|
| 2614 | | - | Protection or a municipal government in the state for not less than fifty |
|---|
| 2615 | | - | unpaid hours for each year of participation in the student loan |
|---|
| 2616 | | - | reimbursement program. For purposes of this section, "volunteer hours" |
|---|
| 2617 | | - | shall include, but need not be limited to, service on the board of directors |
|---|
| 2618 | | - | for a nonprofit organization and military service. |
|---|
| 2619 | | - | (3) Each participant in the program shall annually submit [receipts of |
|---|
| 2620 | | - | payment on student loans and evidence of having completed such |
|---|
| 2621 | | - | volunteer hours] to the Office of Higher Education, in the manner |
|---|
| 2622 | | - | prescribed by the executive director, a (A) statement from a student loan |
|---|
| 2623 | | - | servicer that includes the amounts for the outstanding loan balance for |
|---|
| 2624 | | - | such student loan and the total of the year-to-date payments made on |
|---|
| 2625 | | - | such student loan, and (B) form documenting the number of volunteer |
|---|
| 2626 | | - | hours completed by such participant that is (i) signed by such |
|---|
| 2627 | | - | participant's supervisor or other employee of the nonprofit organization |
|---|
| 2628 | | - | or municipal government for which such participant volunteered, or, |
|---|
| 2629 | | - | for military service, such participant's commanding officer, and (ii) House Bill No. 5523 |
|---|
| 2630 | | - | |
|---|
| 2631 | | - | Public Act No. 24-81 52 of 351 |
|---|
| 2632 | | - | |
|---|
| 2633 | | - | notarized. |
|---|
| 2634 | | - | (4) The Office of Higher Education shall reimburse each program |
|---|
| 2635 | | - | participant who meets the requirements of this section for student loan |
|---|
| 2636 | | - | payments an amount of not more than five thousand dollars, annually, |
|---|
| 2637 | | - | provided no person shall participate in the student loan reimbursement |
|---|
| 2638 | | - | program for more than four years or receive more than twenty thousand |
|---|
| 2639 | | - | dollars in aggregate reimbursement for student loan payments. |
|---|
| 2640 | | - | (d) The Office of Higher Education may use up to two and one-half |
|---|
| 2641 | | - | per cent of the funds appropriated for purposes of this section, annually, |
|---|
| 2642 | | - | for program administration, promotion and recruitment activities. |
|---|
| 2643 | | - | (e) Not later than July 1, 2026, and each January and July thereafter, |
|---|
| 2644 | | - | the executive director of the Office of Higher Education shall report, in |
|---|
| 2645 | | - | accordance with the provisions of section 11-4a, to the joint standing |
|---|
| 2646 | | - | committees of the General Assembly having cognizance of matters |
|---|
| 2647 | | - | relating to higher education and employment advancement and |
|---|
| 2648 | | - | appropriations and the budgets of state agencies on the operation and |
|---|
| 2649 | | - | effectiveness of the program and any recommendations to expand the |
|---|
| 2650 | | - | program. |
|---|
| 2651 | | - | Sec. 23. Section 7-621 of the 2024 supplement to the general statutes |
|---|
| 2652 | | - | is repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 2653 | | - | passage): |
|---|
| 2654 | | - | (a) The Comptroller shall establish the Hartford Sewerage System |
|---|
| 2655 | | - | Repair and Improvement Fund. Said fund may contain any moneys |
|---|
| 2656 | | - | required or permitted by law to be deposited in the fund and any funds |
|---|
| 2657 | | - | received from any public or private contributions, gifts, grants, |
|---|
| 2658 | | - | donations, bequests or devises to the fund. The moneys in said fund |
|---|
| 2659 | | - | shall be expended by the Comptroller for the purposes of (1) developing |
|---|
| 2660 | | - | and administering the program established pursuant to section 7-622, |
|---|
| 2661 | | - | (2) providing compensation to the administrator appointed pursuant to House Bill No. 5523 |
|---|
| 2662 | | - | |
|---|
| 2663 | | - | Public Act No. 24-81 53 of 351 |
|---|
| 2664 | | - | |
|---|
| 2665 | | - | subsection (b) of said section, [7-622,] (3) contracting with a licensed |
|---|
| 2666 | | - | home inspector or insurance adjuster and reimbursing [the |
|---|
| 2667 | | - | Metropolitan District of Hartford County and] eligible applicants for |
|---|
| 2668 | | - | costs associated with [providing and] hiring licensed home inspectors |
|---|
| 2669 | | - | and insurance adjusters pursuant to subsection (c) of said section, [7- |
|---|
| 2670 | | - | 622,] and (4) providing compensation to any [administrator hired] judge |
|---|
| 2671 | | - | trial referee assigned pursuant to subsection (d) of said section. [7-622.] |
|---|
| 2672 | | - | (b) The city of Hartford may contribute funds to the Hartford |
|---|
| 2673 | | - | Sewerage System Repair and Improvement Fund established pursuant |
|---|
| 2674 | | - | to subsection (a) of this section. |
|---|
| 2675 | | - | Sec. 24. Section 7-622 of the 2024 supplement to the general statutes |
|---|
| 2676 | | - | is repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 2677 | | - | passage): |
|---|
| 2678 | | - | (a) Not later than January 1, 2024, the Comptroller shall develop a |
|---|
| 2679 | | - | grant program to provide financial (1) assistance to eligible owners of |
|---|
| 2680 | | - | real property in the city of Hartford to pay for repairs to such property |
|---|
| 2681 | | - | necessitated by flood damage caused on or after January 1, 2021, and (2) |
|---|
| 2682 | | - | reimbursement to residents of the city of Hartford for costs associated |
|---|
| 2683 | | - | with damage to personal property due to flooding occurring on or after |
|---|
| 2684 | | - | said date. |
|---|
| 2685 | | - | (b) The Governor shall appoint an administrator to administer the |
|---|
| 2686 | | - | program developed pursuant to subsection (a) of this section not later |
|---|
| 2687 | | - | than August 1, 2023. The administrator shall be a resident of the city of |
|---|
| 2688 | | - | Hartford and have experience in environmental justice issues and |
|---|
| 2689 | | - | insurance policy claims determinations. Not later than July 15, 2023, the |
|---|
| 2690 | | - | state representatives and state senators for the city of Hartford shall |
|---|
| 2691 | | - | provide the Governor a list of not fewer than two candidates for |
|---|
| 2692 | | - | consideration and the Governor may select and appoint one of such |
|---|
| 2693 | | - | candidates as the administrator or select and appoint a candidate of the |
|---|
| 2694 | | - | Governor's own choosing. The administrator shall be employed House Bill No. 5523 |
|---|
| 2695 | | - | |
|---|
| 2696 | | - | Public Act No. 24-81 54 of 351 |
|---|
| 2697 | | - | |
|---|
| 2698 | | - | pursuant to a personal service agreement and compensated at a per |
|---|
| 2699 | | - | diem rate commensurate with the per diem compensation provided a |
|---|
| 2700 | | - | senior judge pursuant to section 51-47b for each day's service performed |
|---|
| 2701 | | - | in connection with such appointment. |
|---|
| 2702 | | - | (c) (1) The administrator shall develop an application process and |
|---|
| 2703 | | - | eligibility criteria for the grant program. Such process and criteria shall |
|---|
| 2704 | | - | be approved by the Comptroller. |
|---|
| 2705 | | - | (A) Such application shall include, but need not be limited to, if |
|---|
| 2706 | | - | applicable, a copy of any determination made on any claim for such |
|---|
| 2707 | | - | damage against any property and casualty insurance policy issued to an |
|---|
| 2708 | | - | applicant, including any amounts paid to such applicant pursuant to |
|---|
| 2709 | | - | such claim. [Such] |
|---|
| 2710 | | - | (B) Except as provided in subparagraph (C) of this subdivision, such |
|---|
| 2711 | | - | eligibility criteria shall include, but need not be limited to, requirements |
|---|
| 2712 | | - | that any such [property owner (A) is a resident of the city of Hartford, |
|---|
| 2713 | | - | and (B)] applicant (i) owned real [or personal] property in the city of |
|---|
| 2714 | | - | Hartford that was damaged by flooding on or after January 1, 2021, or |
|---|
| 2715 | | - | (ii) is a resident of the city of Hartford and owned personal property in |
|---|
| 2716 | | - | said city that was damaged by flooding on or after said date. No |
|---|
| 2717 | | - | applicant shall be deemed ineligible solely because such [(i)] (I) |
|---|
| 2718 | | - | applicant's property was not insured at the time such damage occurred, |
|---|
| 2719 | | - | or [(ii)] (II) applicant did not receive payment pursuant to any such |
|---|
| 2720 | | - | claim. |
|---|
| 2721 | | - | (C) No applicant who submits an application on or after May 1, 2025, |
|---|
| 2722 | | - | shall be eligible for financial assistance for repairs to real property unless |
|---|
| 2723 | | - | (i) such applicant requested an assessment from the Metropolitan |
|---|
| 2724 | | - | District of Hartford County pursuant to the district's sewer back-up |
|---|
| 2725 | | - | prevention and reporting program on or before April 30, 2025, or (ii) the |
|---|
| 2726 | | - | administrator determines, in accordance with criteria approved by the |
|---|
| 2727 | | - | Comptroller, that extenuating circumstances prevented such applicant House Bill No. 5523 |
|---|
| 2728 | | - | |
|---|
| 2729 | | - | Public Act No. 24-81 55 of 351 |
|---|
| 2730 | | - | |
|---|
| 2731 | | - | from requesting such assessment. The administrator, in consultation |
|---|
| 2732 | | - | with the Metropolitan District of Hartford County, shall verify that an |
|---|
| 2733 | | - | applicant timely requested an assessment from the district. |
|---|
| 2734 | | - | (2) The administrator shall review applications for participation in |
|---|
| 2735 | | - | the grant program and determine each applicant's eligibility for the |
|---|
| 2736 | | - | grant program in accordance with the eligibility criteria developed |
|---|
| 2737 | | - | pursuant to subdivision (1) of this subsection not later than thirty days |
|---|
| 2738 | | - | after receipt of any such application. |
|---|
| 2739 | | - | (3) If the administrator determines that an applicant requesting |
|---|
| 2740 | | - | assistance to pay for repairs to real property is eligible, (A) [an inspector |
|---|
| 2741 | | - | employed by the Metropolitan District of Hartford County] a licensed |
|---|
| 2742 | | - | home inspector or insurance adjuster with whom the Office of the |
|---|
| 2743 | | - | Comptroller has executed a contract for services, or (B) at such eligible |
|---|
| 2744 | | - | applicant's option, [an] licensed home inspector or insurance adjuster |
|---|
| 2745 | | - | with experience assessing flood damage who is approved by the |
|---|
| 2746 | | - | administrator and hired by such eligible applicant, shall evaluate the |
|---|
| 2747 | | - | damage to the applicant's property and provide a report concerning |
|---|
| 2748 | | - | such damage to the administrator. Such report shall be in a form and |
|---|
| 2749 | | - | manner prescribed by the administrator, and shall include, but need not |
|---|
| 2750 | | - | be limited to, a description of the damage to such eligible applicant's |
|---|
| 2751 | | - | property and the estimated cost to repair such damage. Not later than |
|---|
| 2752 | | - | thirty days after the receipt of such report, the administrator may award |
|---|
| 2753 | | - | a grant, in accordance with a formula established by the Comptroller, to |
|---|
| 2754 | | - | the eligible applicant, [in accordance with a formula established by the |
|---|
| 2755 | | - | Comptroller, which] or at the administrator's discretion, provide such |
|---|
| 2756 | | - | grant to a contractor or vendor selected by the applicant to repair such |
|---|
| 2757 | | - | damage. Such formula shall include a reduction in the amount of any |
|---|
| 2758 | | - | such [award] grant equal to any payments received by the applicant |
|---|
| 2759 | | - | pursuant to any claim made against a property and casualty insurance |
|---|
| 2760 | | - | policy held by such applicant for such damage. |
|---|
| 2761 | | - | (4) Not later than thirty days after a determination that an applicant House Bill No. 5523 |
|---|
| 2762 | | - | |
|---|
| 2763 | | - | Public Act No. 24-81 56 of 351 |
|---|
| 2764 | | - | |
|---|
| 2765 | | - | is eligible for reimbursement for costs associated with damage to |
|---|
| 2766 | | - | personal property pursuant to subdivision (1) of this subsection, the |
|---|
| 2767 | | - | administrator shall award a grant to the eligible applicant in accordance |
|---|
| 2768 | | - | with a formula established by the Comptroller, which may include a |
|---|
| 2769 | | - | reduction in the amount of any such [award] grant equal to any |
|---|
| 2770 | | - | payments received by the applicant pursuant to any claim made against |
|---|
| 2771 | | - | a property and casualty insurance policy held by such applicant for such |
|---|
| 2772 | | - | damage. |
|---|
| 2773 | | - | (5) The total amount of any grants awarded pursuant to this section |
|---|
| 2774 | | - | to an eligible applicant for repairs to real property and reimbursement |
|---|
| 2775 | | - | for costs associated with damage to personal property where such |
|---|
| 2776 | | - | property was utilized for business purposes at the time such damage |
|---|
| 2777 | | - | was incurred shall not exceed fifty thousand dollars. |
|---|
| 2778 | | - | [(5)] (6) Any eligible applicant that hires a licensed home inspector or |
|---|
| 2779 | | - | insurance adjuster pursuant to subdivision [(2)] (3) of this subsection |
|---|
| 2780 | | - | may request reimbursement for the costs of [such inspection] the |
|---|
| 2781 | | - | evaluation conducted pursuant to said subdivision in a form and |
|---|
| 2782 | | - | manner prescribed by the administrator. The administrator shall |
|---|
| 2783 | | - | reimburse such eligible applicant for any such reasonable costs. |
|---|
| 2784 | | - | (d) (1) Any applicant may appeal a decision of the administrator |
|---|
| 2785 | | - | concerning such applicant's eligibility for the grant program or the |
|---|
| 2786 | | - | amount of [an award granted] a grant awarded to such applicant [, to |
|---|
| 2787 | | - | the Comptroller, in accordance with procedures set forth by the |
|---|
| 2788 | | - | Comptroller. Any such appeal shall be made] not later than thirty days |
|---|
| 2789 | | - | after the issuance of such decision [and any decision concerning any |
|---|
| 2790 | | - | such appeal shall be final. The Comptroller may hire an administrator |
|---|
| 2791 | | - | for the purpose of conducting such appeals. Findings of the |
|---|
| 2792 | | - | administrator made pursuant to subdivisions (3) and (4) of subsection |
|---|
| 2793 | | - | (c) of this section shall not be admissible in any administrative or judicial |
|---|
| 2794 | | - | proceeding] by filing a notice of intent to appeal with the Comptroller. |
|---|
| 2795 | | - | Any such appeal shall be heard by a judge trial referee assigned by the House Bill No. 5523 |
|---|
| 2796 | | - | |
|---|
| 2797 | | - | Public Act No. 24-81 57 of 351 |
|---|
| 2798 | | - | |
|---|
| 2799 | | - | Chief Court Administrator, who shall be compensated in accordance |
|---|
| 2800 | | - | with the provisions of section 52-434 from funds made available to the |
|---|
| 2801 | | - | Comptroller. |
|---|
| 2802 | | - | (2) In any appeal taken pursuant to subdivision (1) of this subsection, |
|---|
| 2803 | | - | a judge trial referee may consider evidence presented by the applicant, |
|---|
| 2804 | | - | administrator or other interested party, including, but not limited to, |
|---|
| 2805 | | - | testimony or reports prepared by or on behalf of such parties. The |
|---|
| 2806 | | - | applicant shall have the burden of demonstrating by a preponderance |
|---|
| 2807 | | - | of evidence that such applicant is eligible for the grant program and |
|---|
| 2808 | | - | assistance to pay for repairs to real property or reimbursement for costs |
|---|
| 2809 | | - | associated with damage to personal property. Upon such |
|---|
| 2810 | | - | demonstration, the judge trial referee shall award a grant to such |
|---|
| 2811 | | - | applicant in accordance with the formula established by the |
|---|
| 2812 | | - | Comptroller. Any decision made pursuant to this subsection shall be |
|---|
| 2813 | | - | issued not later than sixty days following the end of the hearing and |
|---|
| 2814 | | - | shall be final. |
|---|
| 2815 | | - | (e) Upon the request of a tenant residing in a residential building or |
|---|
| 2816 | | - | occupying a commercial property that was damaged by flooding on or |
|---|
| 2817 | | - | after January 1, 2021, the administrator shall notify the owner of such |
|---|
| 2818 | | - | residential building of the availability of the program developed and |
|---|
| 2819 | | - | administered pursuant to this section by mail or electronic mail, if such |
|---|
| 2820 | | - | owner's mailing address or electronic mail address are known to the |
|---|
| 2821 | | - | administrator. |
|---|
| 2822 | | - | (f) The program established pursuant to this section shall terminate |
|---|
| 2823 | | - | upon the exhaustion of the Hartford Sewerage System Repair and |
|---|
| 2824 | | - | Improvement Fund established pursuant to section 7-621. |
|---|
| 2825 | | - | Sec. 25. Section 4a-12 of the general statutes is repealed and the |
|---|
| 2826 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 2827 | | - | (a) The Commissioner of Administrative Services shall be responsible House Bill No. 5523 |
|---|
| 2828 | | - | |
|---|
| 2829 | | - | Public Act No. 24-81 58 of 351 |
|---|
| 2830 | | - | |
|---|
| 2831 | | - | for the following: (1) Investigation, determination, billing and collection |
|---|
| 2832 | | - | of all charges for support of persons aided, cared for or treated in a state |
|---|
| 2833 | | - | humane institution, as defined in section 17b-222, and enforcement of |
|---|
| 2834 | | - | support obligations of the liable relatives of such persons; (2) |
|---|
| 2835 | | - | investigation, determination, billing and collection of all charges for |
|---|
| 2836 | | - | services covered under the Medicaid or Medicare programs provided to |
|---|
| 2837 | | - | persons aided, cared for or treated by the Department of Veterans |
|---|
| 2838 | | - | Affairs; (3) billing and collection of any money due to the state in public |
|---|
| 2839 | | - | assistance cases, and enforcement of support obligations of liable |
|---|
| 2840 | | - | relatives in such cases; (4) collection of benefits and maintenance of |
|---|
| 2841 | | - | trustee accounts therefor; and (5) such collection services for other state |
|---|
| 2842 | | - | agencies and departments as shall be agreed to between said |
|---|
| 2843 | | - | commissioner and the heads of such other agencies and departments. |
|---|
| 2844 | | - | (b) Any debt referred to the Department of Administrative Services |
|---|
| 2845 | | - | by a state agency may be referred by the commissioner to a consumer |
|---|
| 2846 | | - | collection agency, licensed under section 36a-801, or, with the approval |
|---|
| 2847 | | - | of the Attorney General, to an attorney admitted under the provisions |
|---|
| 2848 | | - | of section 51-80 who practices in the area of debt collection, for |
|---|
| 2849 | | - | collection, provided the debtor has been given at least thirty days' notice |
|---|
| 2850 | | - | that the debt will be so referred. |
|---|
| 2851 | | - | (c) For purposes of this section, "liable relative" means the husband |
|---|
| 2852 | | - | or wife of any person receiving public assistance or aided, cared for or |
|---|
| 2853 | | - | treated in a state humane institution, as defined in said section 17b-222, |
|---|
| 2854 | | - | and the father and mother of any such person under the age of eighteen |
|---|
| 2855 | | - | years, but shall not include the parent or parents whose financial |
|---|
| 2856 | | - | liability for a child is determined by the Office of Child Support Services |
|---|
| 2857 | | - | under subsection (b) of section 17b-179. The Commissioner of |
|---|
| 2858 | | - | Administrative Services, in consultation with the Secretary of the Office |
|---|
| 2859 | | - | of Policy and Management, shall adopt regulations in accordance with |
|---|
| 2860 | | - | the provisions of chapter 54 establishing: (1) A uniform contribution |
|---|
| 2861 | | - | scale for liable relatives based upon ability to pay and the administrative House Bill No. 5523 |
|---|
| 2862 | | - | |
|---|
| 2863 | | - | Public Act No. 24-81 59 of 351 |
|---|
| 2864 | | - | |
|---|
| 2865 | | - | feasibility of collecting such contributions, provided no such liable |
|---|
| 2866 | | - | relative shall contribute an amount in excess of twelve per cent of the |
|---|
| 2867 | | - | remainder, if any, after the state median income, adjusted for family |
|---|
| 2868 | | - | size, has been deducted from such liable relative's taxable income for |
|---|
| 2869 | | - | federal income tax purposes, or if such federal income tax information |
|---|
| 2870 | | - | is unavailable, from such relative's taxable income, as calculated from |
|---|
| 2871 | | - | other sources, including, but not limited to, information pertaining to |
|---|
| 2872 | | - | wages, salaries and commissions as provided by such relative's |
|---|
| 2873 | | - | employer; (2) the manner in which the Department of Administrative |
|---|
| 2874 | | - | Services shall determine and periodically reinvestigate the ability of |
|---|
| 2875 | | - | such liable relatives to pay; and (3) the manner in which the department |
|---|
| 2876 | | - | shall waive such contributions upon determination that such |
|---|
| 2877 | | - | contribution would pose a significant financial hardship upon such |
|---|
| 2878 | | - | liable relatives. |
|---|
| 2879 | | - | (d) Notwithstanding the provisions of [subsection (c) of] this section, |
|---|
| 2880 | | - | no liability shall be imposed upon a liable relative upon determination |
|---|
| 2881 | | - | by the Department of Developmental Services, Social Services, Children |
|---|
| 2882 | | - | and Families, Mental Health and Addiction Services or Public Health |
|---|
| 2883 | | - | that the benefit of the assistance or service provided would be |
|---|
| 2884 | | - | significantly impaired by the imposition of such liability. Each such |
|---|
| 2885 | | - | department may waive all or part of any liability resulting from its delay |
|---|
| 2886 | | - | in establishing such liability if it determines that imposition of such |
|---|
| 2887 | | - | liability would pose a significant financial hardship upon a liable |
|---|
| 2888 | | - | relative. |
|---|
| 2889 | | - | (e) Notwithstanding the provisions of this section, on and after July |
|---|
| 2890 | | - | 1, 2024, the Commissioner of Administrative Services shall not recover |
|---|
| 2891 | | - | charges from the estate of a deceased person for the aid, care or |
|---|
| 2892 | | - | treatment of such person in a state humane institution unless (1) |
|---|
| 2893 | | - | recovery of such charges is required under federal law, or (2) the person |
|---|
| 2894 | | - | was liable pursuant to subsection (d) of section 17b-223 for the |
|---|
| 2895 | | - | difference between the amounts actually billed and paid and the House Bill No. 5523 |
|---|
| 2896 | | - | |
|---|
| 2897 | | - | Public Act No. 24-81 60 of 351 |
|---|
| 2898 | | - | |
|---|
| 2899 | | - | amount that would have been billed against such person except for |
|---|
| 2900 | | - | fraud or concealment. The commissioner shall release any liens filed for |
|---|
| 2901 | | - | recovery of such charges except for any lien filed pursuant to |
|---|
| 2902 | | - | subdivision (1) or (2) of this subsection. Nothing in this subsection shall |
|---|
| 2903 | | - | be construed to authorize the commissioner to return to any person or |
|---|
| 2904 | | - | estate payments properly recovered by the commissioner pursuant to |
|---|
| 2905 | | - | this section for charges related to the aid, care or treatment of a person |
|---|
| 2906 | | - | in a humane institution before July 1, 2024. |
|---|
| 2907 | | - | Sec. 26. Section 17b-224 of the general statutes is repealed and the |
|---|
| 2908 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 2909 | | - | A patient who is receiving or has received care in a state humane |
|---|
| 2910 | | - | institution, his estate or both shall be liable to reimburse the state for any |
|---|
| 2911 | | - | unpaid portion of per capita cost in accordance with section 4a-12, |
|---|
| 2912 | | - | subject to the same protection of a surviving spouse or dependent child |
|---|
| 2913 | | - | as is provided in section 17b-95. |
|---|
| 2914 | | - | Sec. 27. Section 17b-228 of the general statutes is repealed and the |
|---|
| 2915 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 2916 | | - | (a) When any person has been supported, wholly or in part, by the |
|---|
| 2917 | | - | state in a humane institution, whether such person was admitted thereto |
|---|
| 2918 | | - | as a pauper or indigent or otherwise, and any portion of the charges for |
|---|
| 2919 | | - | which such person or his liable relatives were liable under the |
|---|
| 2920 | | - | provisions of section 17b-223 remains unpaid, such person or such |
|---|
| 2921 | | - | relatives, as the case may be, or the estate of any such person or such |
|---|
| 2922 | | - | relatives, shall be liable to the state therefor, and the Commissioner of |
|---|
| 2923 | | - | Administrative Services may, in the name of the state, bring a complaint |
|---|
| 2924 | | - | therefor, against any liable person or persons, in any court having |
|---|
| 2925 | | - | jurisdiction thereof in the county in which such liable person or the |
|---|
| 2926 | | - | conservator or guardian of such patient resides, or, if several are liable, |
|---|
| 2927 | | - | in the county in which any of them resides, and any other person who |
|---|
| 2928 | | - | might, under the provisions hereof, have been made a defendant in such House Bill No. 5523 |
|---|
| 2929 | | - | |
|---|
| 2930 | | - | Public Act No. 24-81 61 of 351 |
|---|
| 2931 | | - | |
|---|
| 2932 | | - | action may be cited in as a party defendant on motion of either party |
|---|
| 2933 | | - | thereto. Said court may render judgment against the defendant, or each |
|---|
| 2934 | | - | or any of the several defendants, in favor of the state for the balance of |
|---|
| 2935 | | - | the charges remaining unpaid for which such defendants are liable, and |
|---|
| 2936 | | - | payment of such judgment may be secured by attachment and execution |
|---|
| 2937 | | - | issued thereon. The limitation of action provided in section 52-576 shall |
|---|
| 2938 | | - | apply only to any such claim against a relative as such, and any claim |
|---|
| 2939 | | - | by the state for reimbursement of the balance of the billed charges |
|---|
| 2940 | | - | remaining unpaid from the estate of any deceased person shall be |
|---|
| 2941 | | - | presented to the executor or administrator thereof within the time |
|---|
| 2942 | | - | limited for the presentation of other claims against such estate. |
|---|
| 2943 | | - | (b) Notwithstanding the provisions of subsection (a) of this section, |
|---|
| 2944 | | - | on and after July 1, 2024, the Commissioner of Administrative Services |
|---|
| 2945 | | - | shall not recover charges from the estate of a deceased person for the |
|---|
| 2946 | | - | aid, care or treatment of such person in a state humane institution except |
|---|
| 2947 | | - | in accordance with sections 4a-12 and 17b-230. |
|---|
| 2948 | | - | Sec. 28. Subsection (b) of section 17b-229 of the general statutes is |
|---|
| 2949 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 2950 | | - | 2024): |
|---|
| 2951 | | - | (b) The provisions of sections 17a-502, 17b-222, 17b-223, 17b-228, 17b- |
|---|
| 2952 | | - | 232, 17b-745, 46b-215 and 53-304 shall not affect or impair the |
|---|
| 2953 | | - | responsibility of any patient or patient's estate for his care in a state |
|---|
| 2954 | | - | humane institution prior to July 1, 1955, and the same may be enforced |
|---|
| 2955 | | - | by any action by which such responsibility would have been enforceable |
|---|
| 2956 | | - | prior to July 1, 1955, but only to the extent of that portion of such estate |
|---|
| 2957 | | - | [as] (1) that may be charged pursuant to section 4a-12, and (2) that is not |
|---|
| 2958 | | - | needed for the support of the spouse, parents and dependent children |
|---|
| 2959 | | - | of such patient. |
|---|
| 2960 | | - | Sec. 29. Section 17b-230 of the general statutes is repealed and the |
|---|
| 2961 | | - | following is substituted in lieu thereof (Effective July 1, 2024): House Bill No. 5523 |
|---|
| 2962 | | - | |
|---|
| 2963 | | - | Public Act No. 24-81 62 of 351 |
|---|
| 2964 | | - | |
|---|
| 2965 | | - | Upon the death of a patient or of a person who has, at any time, been |
|---|
| 2966 | | - | a patient in a state humane institution, the state shall have a claim |
|---|
| 2967 | | - | against his estate for reimbursement for institutional support according |
|---|
| 2968 | | - | to the provisions of sections 4a-12, 17b-223, 17b-224 and 17b-229 to the |
|---|
| 2969 | | - | extent that the amount which the surviving spouse, parent or dependent |
|---|
| 2970 | | - | children of the decedent would otherwise take from such estate is not |
|---|
| 2971 | | - | needed for their support. Such claims shall have priority over all |
|---|
| 2972 | | - | unsecured claims against such estate, except (1) expenses of last sickness |
|---|
| 2973 | | - | not to exceed three hundred seventy-five dollars, (2) funeral and burial |
|---|
| 2974 | | - | expenses in accordance with section 17b-84, (3) such unpaid fees and |
|---|
| 2975 | | - | expenses of the conservator of such patient, if any, as are authorized by |
|---|
| 2976 | | - | law, and (4) administrative expenses, including probate fees and taxes, |
|---|
| 2977 | | - | and including fiduciary fees not exceeding the following commissions |
|---|
| 2978 | | - | on the value of the whole estates accounted for by such fiduciaries: On |
|---|
| 2979 | | - | the first two thousand dollars or portion thereof, five per cent; on the |
|---|
| 2980 | | - | next eight thousand dollars or portion thereof, four per cent; on the |
|---|
| 2981 | | - | excess over ten thousand dollars, three per cent. Upon petition by any |
|---|
| 2982 | | - | fiduciary, the Probate Court, after hearing thereon, may authorize |
|---|
| 2983 | | - | compensation in excess of the above schedule for extraordinary services. |
|---|
| 2984 | | - | Notice of any such petition and hearing shall be given to the |
|---|
| 2985 | | - | Commissioner of Administrative Services in Hartford at least ten days |
|---|
| 2986 | | - | in advance of such hearing. The allowable funeral and burial payment |
|---|
| 2987 | | - | herein shall be reduced by the amount of any prepaid funeral |
|---|
| 2988 | | - | arrangement. Any amount paid from the estate under this section to any |
|---|
| 2989 | | - | person which exceeds the limits provided herein shall be repaid to the |
|---|
| 2990 | | - | estate by such person, and such amount may be recovered in a civil |
|---|
| 2991 | | - | action with interest at six per cent from the date of demand. |
|---|
| 2992 | | - | Sec. 30. Subsection (e) of section 45a-273 of the general statutes is |
|---|
| 2993 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 2994 | | - | 2024): |
|---|
| 2995 | | - | (e) The court shall determine the persons and entities entitled to House Bill No. 5523 |
|---|
| 2996 | | - | |
|---|
| 2997 | | - | Public Act No. 24-81 63 of 351 |
|---|
| 2998 | | - | |
|---|
| 2999 | | - | payment for the claims, expenses and taxes due from the estate, or |
|---|
| 3000 | | - | reimbursement for such amounts paid on behalf of the estate, in |
|---|
| 3001 | | - | accordance with section 45a-365 except, (1) if a decedent received aid or |
|---|
| 3002 | | - | care from the state or received care in a state humane institution, such |
|---|
| 3003 | | - | reimbursement shall be in accordance with [section] sections 4a-12 and |
|---|
| 3004 | | - | 17b-95; and (2) if a decedent is obligated to pay the decedent's cost of |
|---|
| 3005 | | - | incarceration, such reimbursement shall be in accordance with section |
|---|
| 3006 | | - | 18-85c. If the claims, taxes and expenses exceed the fair value of the |
|---|
| 3007 | | - | decedent's assets, the court shall order payment in accordance with this |
|---|
| 3008 | | - | subsection, provided the procedures for insolvent estates under sections |
|---|
| 3009 | | - | 45a-376 to 45a-383, inclusive, shall not be required. |
|---|
| 3010 | | - | Sec. 31. Section 18-85a of the general statutes is amended by adding |
|---|
| 3011 | | - | subsection (c) as follows (Effective July 1, 2024): |
|---|
| 3012 | | - | (NEW) (c) Any state claim for the cost of incarceration for an inmate |
|---|
| 3013 | | - | whose criminal record was erased pursuant to chapter 961a shall be |
|---|
| 3014 | | - | terminated to the extent such cost was incurred during time served by |
|---|
| 3015 | | - | such inmate for crimes included on the erased criminal record. Such |
|---|
| 3016 | | - | inmate shall not be entitled to reimbursement for any state claims paid |
|---|
| 3017 | | - | by or on behalf of such inmate prior to July 1, 2024, for the cost of such |
|---|
| 3018 | | - | inmate's incarceration. |
|---|
| 3019 | | - | Sec. 32. Subsection (b) of section 18-85b of the general statutes is |
|---|
| 3020 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 3021 | | - | 2024): |
|---|
| 3022 | | - | (b) In the case of an inheritance of an estate by any person who is |
|---|
| 3023 | | - | obligated to pay the costs of such person's incarceration under section |
|---|
| 3024 | | - | 18-85a and regulations adopted in accordance with said section that is |
|---|
| 3025 | | - | received by such person within twenty years from the date such person |
|---|
| 3026 | | - | is released from incarceration, the claim of the state shall be a lien |
|---|
| 3027 | | - | against such inheritance in the amount of the costs of incarceration or |
|---|
| 3028 | | - | fifty per cent of the assets of the estate payable to such person, House Bill No. 5523 |
|---|
| 3029 | | - | |
|---|
| 3030 | | - | Public Act No. 24-81 64 of 351 |
|---|
| 3031 | | - | |
|---|
| 3032 | | - | whichever is less. The first fifty thousand dollars inherited by such |
|---|
| 3033 | | - | person shall be exempt from any lien placed under this section, except |
|---|
| 3034 | | - | in the case of an inmate incarcerated for a capital felony under the |
|---|
| 3035 | | - | provisions of section 53a-54b in effect prior to April 25, 2012, or murder |
|---|
| 3036 | | - | with special circumstances committed on or after April 25, 2012, under |
|---|
| 3037 | | - | the provisions of section 53a-54b in effect on or after April 25, 2012, or a |
|---|
| 3038 | | - | violation of section 53a-54c, 53a-70, 53a-70a, 53a-70c or 53a-71. The |
|---|
| 3039 | | - | [Court of] Probate Court shall accept any such lien notice filed by the |
|---|
| 3040 | | - | commissioner or the commissioner's designee with the court prior to the |
|---|
| 3041 | | - | distribution of such inheritance, and to the extent of such inheritance |
|---|
| 3042 | | - | not already distributed, the court shall order distribution in accordance |
|---|
| 3043 | | - | therewith. |
|---|
| 3044 | | - | Sec. 33. Section 18-85c of the general statutes is repealed and the |
|---|
| 3045 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 3046 | | - | Upon the death of any person obligated to pay the costs of such |
|---|
| 3047 | | - | [person’s] person's incarceration under section 18-85a and regulations |
|---|
| 3048 | | - | adopted in accordance with said section that occurs within twenty years |
|---|
| 3049 | | - | from the date such person is released from incarceration, the state shall |
|---|
| 3050 | | - | have a claim against such person's estate for all costs of incarceration |
|---|
| 3051 | | - | under the provisions of said section and such regulations for which the |
|---|
| 3052 | | - | state has not been reimbursed, to the extent that the amount which the |
|---|
| 3053 | | - | surviving spouse, parent or dependent children of the decedent would |
|---|
| 3054 | | - | otherwise take from such estate is not needed for their support. Any |
|---|
| 3055 | | - | property, whether real or personal, that is deemed by the Probate Court |
|---|
| 3056 | | - | to be an asset of the estate shall be used to pay the state's claim under |
|---|
| 3057 | | - | this section. Such claim shall have priority over all other unsecured |
|---|
| 3058 | | - | claims against such estate, including any lien of the state for repayment |
|---|
| 3059 | | - | of public assistance, except (1) expenses of last sickness not to exceed |
|---|
| 3060 | | - | three hundred seventy-five dollars, (2) funeral and burial expenses in |
|---|
| 3061 | | - | accordance with that allowed under sections 17b-84 and 17b-131 upon |
|---|
| 3062 | | - | the death of a beneficiary of aid, (3) child support obligations collected House Bill No. 5523 |
|---|
| 3063 | | - | |
|---|
| 3064 | | - | Public Act No. 24-81 65 of 351 |
|---|
| 3065 | | - | |
|---|
| 3066 | | - | by the state in accordance with subsection (a) of section 17b-265 and |
|---|
| 3067 | | - | section 52-362d, (4) restitution or payment of compensation to a crime |
|---|
| 3068 | | - | victim ordered by a court of competent jurisdiction, (5) payment of a |
|---|
| 3069 | | - | civil judgment rendered in favor of a crime victim by a court of |
|---|
| 3070 | | - | competent jurisdiction, and (6) administrative expenses, including |
|---|
| 3071 | | - | probate fees and taxes, and including fiduciary fees not exceeding the |
|---|
| 3072 | | - | following commissions on the value of the whole estates accounted for |
|---|
| 3073 | | - | by such fiduciaries: On the first two thousand dollars or portion thereof, |
|---|
| 3074 | | - | five per cent; on the next eight thousand dollars or portion thereof, four |
|---|
| 3075 | | - | per cent; on the excess over ten thousand dollars, three per cent. Upon |
|---|
| 3076 | | - | petition by any fiduciary, the Court of Probate, after a hearing thereon, |
|---|
| 3077 | | - | may authorize compensation in excess of the above schedule for |
|---|
| 3078 | | - | extraordinary services. Notice of any such petition and hearing shall be |
|---|
| 3079 | | - | given to the Commissioner of Correction at least ten days in advance of |
|---|
| 3080 | | - | such hearing. The allowable funeral and burial payment authorized by |
|---|
| 3081 | | - | this section shall be reduced by the amount of any prepaid funeral |
|---|
| 3082 | | - | arrangement. Any amount paid from the estate under this section to any |
|---|
| 3083 | | - | person that exceeds the limits provided in this section shall be repaid to |
|---|
| 3084 | | - | the estate by such person, and such amount may be recovered in a civil |
|---|
| 3085 | | - | action with interest at the legal rate from the date of demand. |
|---|
| 3086 | | - | Sec. 34. Subsection (a) of section 29-1f of the 2024 supplement to the |
|---|
| 3087 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 3088 | | - | thereof (Effective from passage): |
|---|
| 3089 | | - | (a) The clearinghouse established under section 29-1e shall collect, |
|---|
| 3090 | | - | process, maintain and disseminate information to assist in the location |
|---|
| 3091 | | - | of any missing person who (1) is eighteen years of age or older and has |
|---|
| 3092 | | - | a mental impairment [,] or has an intellectual disability or other |
|---|
| 3093 | | - | developmental disabilities, or (2) is sixty-five years of age or older, [or |
|---|
| 3094 | | - | (3) on and after January 15, 2024, has an intellectual disability or other |
|---|
| 3095 | | - | developmental disabilities,] provided a missing person report prepared |
|---|
| 3096 | | - | by the Department of Emergency Services and Public Protection has House Bill No. 5523 |
|---|
| 3097 | | - | |
|---|
| 3098 | | - | Public Act No. 24-81 66 of 351 |
|---|
| 3099 | | - | |
|---|
| 3100 | | - | been filed by such missing person's relative, guardian, conservator or |
|---|
| 3101 | | - | agent appointed by the missing person in accordance with sections 1- |
|---|
| 3102 | | - | 350 to 1-353b, inclusive, any health care representative appointed by the |
|---|
| 3103 | | - | missing person in accordance with section 19a-576 or a nursing home |
|---|
| 3104 | | - | administrator, as defined in section 19a-511, or, pursuant to section 17a- |
|---|
| 3105 | | - | 465b, by an employee of the Department of Mental Health and |
|---|
| 3106 | | - | Addiction Services who is certified under the provisions of sections 7- |
|---|
| 3107 | | - | 294a to 7-294e, inclusive. Such relative, guardian, conservator, agent, |
|---|
| 3108 | | - | health care representative, nursing home administrator or employee |
|---|
| 3109 | | - | shall attest under penalty of perjury that the missing person (A) is |
|---|
| 3110 | | - | eighteen years of age or older and has a mental impairment [,] or has an |
|---|
| 3111 | | - | intellectual disability or other developmental disabilities, or (B) is sixty- |
|---|
| 3112 | | - | five years of age or older. [, or (C) has an intellectual disability or other |
|---|
| 3113 | | - | developmental disabilities.] No other proof shall be required in order to |
|---|
| 3114 | | - | verify that the missing person meets the criteria to be eligible for |
|---|
| 3115 | | - | assistance under this subsection. Such relative, guardian, conservator, |
|---|
| 3116 | | - | agent, health care representative, nursing home administrator or |
|---|
| 3117 | | - | employee who files a missing person report shall immediately notify the |
|---|
| 3118 | | - | clearinghouse or law enforcement agency if the missing person's |
|---|
| 3119 | | - | location has been determined. |
|---|
| 3120 | | - | Sec. 35. Subsection (a) of section 18 of public act 23-137 is repealed |
|---|
| 3121 | | - | and the following is substituted in lieu thereof (Effective from passage): |
|---|
| 3122 | | - | (a) The Commissioner of Social Services, in consultation with the |
|---|
| 3123 | | - | state-wide coordinator of programs and services provided by state |
|---|
| 3124 | | - | agencies for individuals with autism spectrum disorder, appointed |
|---|
| 3125 | | - | pursuant to section 14 of [this act] public act 23-137, and within available |
|---|
| 3126 | | - | appropriations, shall establish a two-year pilot program in partnership |
|---|
| 3127 | | - | with a [hospital licensed pursuant to chapter 368v of the general |
|---|
| 3128 | | - | statutes] free-standing, long-term acute care hospital in Hartford |
|---|
| 3129 | | - | County with an established, specialized interdisciplinary program for |
|---|
| 3130 | | - | younger children and adolescents with the diagnosis of autism House Bill No. 5523 |
|---|
| 3131 | | - | |
|---|
| 3132 | | - | Public Act No. 24-81 67 of 351 |
|---|
| 3133 | | - | |
|---|
| 3134 | | - | spectrum disorder to provide nonresidential outpatient day services for |
|---|
| 3135 | | - | persons with autism spectrum disorder. The commissioner shall select |
|---|
| 3136 | | - | a hospital not later than September 1, 2024, and the hospital shall start |
|---|
| 3137 | | - | providing services not later than October 1, 2024. |
|---|
| 3138 | | - | Sec. 36. Subsections (c) and (d) of section 4-124xx of the 2024 |
|---|
| 3139 | | - | supplement to the general statutes are repealed and the following is |
|---|
| 3140 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 3141 | | - | (c) The Chief Workforce Officer, in consultation with the Labor |
|---|
| 3142 | | - | Commissioner, shall develop a plan for the Human Services Career |
|---|
| 3143 | | - | Pipeline program that includes, but is not be limited to: (1) A strategy to |
|---|
| 3144 | | - | increase the number of state residents pursuing careers in human |
|---|
| 3145 | | - | services, (2) recommended salary and working conditions necessary to |
|---|
| 3146 | | - | retain an adequate number of human services providers to serve state |
|---|
| 3147 | | - | residents, and (3) estimated funding needed to support the Human |
|---|
| 3148 | | - | Services Career Pipeline program. Not later than July 1, 2024, the Chief |
|---|
| 3149 | | - | Workforce Officer shall submit a report on the plan, in accordance with |
|---|
| 3150 | | - | the provisions of section 11-4a, to the joint standing committees of the |
|---|
| 3151 | | - | General Assembly having cognizance o f matters relating to |
|---|
| 3152 | | - | appropriations, aging, higher education and employment advancement, |
|---|
| 3153 | | - | human services, labor and public health. The report shall include the |
|---|
| 3154 | | - | Chief Workforce Officer's recommendations for establishing the career |
|---|
| 3155 | | - | pipeline and estimates of funding needed to implement the pipeline. |
|---|
| 3156 | | - | (d) The Chief Workforce Officer shall, within available |
|---|
| 3157 | | - | appropriations, establish such career pipeline [not later than July 1, |
|---|
| 3158 | | - | 2024,] and, if such pipeline is established, submit a report, in accordance |
|---|
| 3159 | | - | with the provisions of section 11-4a, not later than January 1, 2026, and |
|---|
| 3160 | | - | annually thereafter, regarding the development and implementation of |
|---|
| 3161 | | - | the pipeline to the joint standing committees of the General Assembly |
|---|
| 3162 | | - | having cognizance of matters relating to appropriations, [and the |
|---|
| 3163 | | - | budgets of state agencies,] aging, higher education and employment |
|---|
| 3164 | | - | advancement, human services, labor and public health. For purposes of House Bill No. 5523 |
|---|
| 3165 | | - | |
|---|
| 3166 | | - | Public Act No. 24-81 68 of 351 |
|---|
| 3167 | | - | |
|---|
| 3168 | | - | this section, "human services labor sector" means persons trained to |
|---|
| 3169 | | - | provide services to persons with an intellectual disability; other |
|---|
| 3170 | | - | developmental disabilities, including, but not limited to, autism |
|---|
| 3171 | | - | spectrum disorder; physical disabilities; cognitive impairment or mental |
|---|
| 3172 | | - | illness; and elderly persons. |
|---|
| 3173 | | - | Sec. 37. Sections 7-294qq and 28-25c of the 2024 supplement to the |
|---|
| 3174 | | - | general statutes are repealed. (Effective from passage) |
|---|
| 3175 | | - | Sec. 38. Subsection (a) of section 17b-261 of the 2024 supplement to |
|---|
| 3176 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 3177 | | - | thereof (Effective October 1, 2024): |
|---|
| 3178 | | - | (a) Medical assistance shall be provided for any otherwise eligible |
|---|
| 3179 | | - | person (1) whose income, including any available support from legally |
|---|
| 3180 | | - | liable relatives and the income of the person's spouse or dependent |
|---|
| 3181 | | - | child, is not more than one hundred [forty-three] fifty-nine per cent, |
|---|
| 3182 | | - | pending approval of a federal waiver applied for pursuant to subsection |
|---|
| 3183 | | - | (e) of this section, of the benefit amount paid to a person with no income |
|---|
| 3184 | | - | under the temporary family assistance program and (2) if such person |
|---|
| 3185 | | - | is an institutionalized individual as defined in Section 1917 of the Social |
|---|
| 3186 | | - | Security Act, 42 USC 1396p(h)(3), and has not made an assignment or |
|---|
| 3187 | | - | transfer or other disposition of property for less than fair market value |
|---|
| 3188 | | - | for the purpose of establishing eligibility for benefits or assistance under |
|---|
| 3189 | | - | this section. Any such disposition shall be treated in accordance with |
|---|
| 3190 | | - | Section 1917(c) of the Social Security Act, 42 USC 1396p(c). Any |
|---|
| 3191 | | - | disposition of property made on behalf of an applicant or recipient or |
|---|
| 3192 | | - | the spouse of an applicant or recipient by a guardian, conservator, |
|---|
| 3193 | | - | person authorized to make such disposition pursuant to a power of |
|---|
| 3194 | | - | attorney or other person so authorized by law shall be attributed to such |
|---|
| 3195 | | - | applicant, recipient or spouse. A disposition of property ordered by a |
|---|
| 3196 | | - | court shall be evaluated in accordance with the standards applied to any |
|---|
| 3197 | | - | other such disposition for the purpose of determining eligibility. The |
|---|
| 3198 | | - | commissioner shall establish the standards for eligibility for medical House Bill No. 5523 |
|---|
| 3199 | | - | |
|---|
| 3200 | | - | Public Act No. 24-81 69 of 351 |
|---|
| 3201 | | - | |
|---|
| 3202 | | - | assistance at one hundred [forty-three] fifty-nine per cent of the benefit |
|---|
| 3203 | | - | amount paid to a household of equal size with no income under the |
|---|
| 3204 | | - | temporary family assistance program. In determining eligibility, the |
|---|
| 3205 | | - | commissioner shall not consider as income Aid and Attendance pension |
|---|
| 3206 | | - | benefits granted to a veteran, as defined in section 27-103, or the |
|---|
| 3207 | | - | surviving spouse of such veteran. Except as provided in section 17b-277 |
|---|
| 3208 | | - | and section 17b-292, the medical assistance program shall provide |
|---|
| 3209 | | - | coverage to persons under the age of nineteen with household income |
|---|
| 3210 | | - | up to one hundred ninety-six per cent of the federal poverty level |
|---|
| 3211 | | - | without an asset limit and to persons under the age of nineteen, who |
|---|
| 3212 | | - | qualify for coverage under Section 1931 of the Social Security Act, with |
|---|
| 3213 | | - | household income not exceeding one hundred ninety-six per cent of the |
|---|
| 3214 | | - | federal poverty level without an asset limit, and their parents and needy |
|---|
| 3215 | | - | caretaker relatives, who qualify for coverage under Section 1931 of the |
|---|
| 3216 | | - | Social Security Act, with household income not exceeding one hundred |
|---|
| 3217 | | - | [fifty-five] thirty-three per cent of the federal poverty level without an |
|---|
| 3218 | | - | asset limit. Such levels shall be based on the regional differences in such |
|---|
| 3219 | | - | benefit amount, if applicable, unless such levels based on regional |
|---|
| 3220 | | - | differences are not in conformance with federal law. Any income in |
|---|
| 3221 | | - | excess of the applicable amounts shall be applied as may be required by |
|---|
| 3222 | | - | said federal law, and assistance shall be granted for the balance of the |
|---|
| 3223 | | - | cost of authorized medical assistance. The Commissioner of Social |
|---|
| 3224 | | - | Services shall provide applicants for assistance under this section, at the |
|---|
| 3225 | | - | time of application, with a written statement advising them of (A) the |
|---|
| 3226 | | - | effect of an assignment or transfer or other disposition of property on |
|---|
| 3227 | | - | eligibility for benefits or assistance, (B) the effect that having income that |
|---|
| 3228 | | - | exceeds the limits prescribed in this subsection will have with respect to |
|---|
| 3229 | | - | program eligibility, and (C) the availability of, and eligibility for, |
|---|
| 3230 | | - | services provided by the Connecticut Home Visiting System, |
|---|
| 3231 | | - | established pursuant to section 17b-751b. For coverage dates on or after |
|---|
| 3232 | | - | January 1, 2014, the department shall use the modified adjusted gross |
|---|
| 3233 | | - | income financial eligibility rules set forth in Section 1902(e)(14) of the |
|---|
| 3234 | | - | Social Security Act and the implementing regulations to determine House Bill No. 5523 |
|---|
| 3235 | | - | |
|---|
| 3236 | | - | Public Act No. 24-81 70 of 351 |
|---|
| 3237 | | - | |
|---|
| 3238 | | - | eligibility for HUSKY A, HUSKY B and HUSKY D applicants, as defined |
|---|
| 3239 | | - | in section 17b-290. Persons who are determined ineligible for assistance |
|---|
| 3240 | | - | pursuant to this section shall be provided a written statement notifying |
|---|
| 3241 | | - | such persons of their ineligibility and advising such persons of their |
|---|
| 3242 | | - | potential eligibility for one of the other insurance affordability programs |
|---|
| 3243 | | - | as defined in 42 CFR 435.4. |
|---|
| 3244 | | - | Sec. 39. Section 302 of public act 23-204 is repealed. (Effective from |
|---|
| 3245 | | - | passage) |
|---|
| 3246 | | - | Sec. 40. Section 23-15h of the general statutes is repealed and the |
|---|
| 3247 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 3248 | | - | (a) There is established an account to be known as the Passport to the |
|---|
| 3249 | | - | Parks account which shall be a separate, nonlapsing account within the |
|---|
| 3250 | | - | General Fund. Moneys in such account shall be used to provide |
|---|
| 3251 | | - | expenses of the Council on Environmental Quality, beginning with the |
|---|
| 3252 | | - | fiscal year ending June 30, 2019, and for the care, maintenance, operation |
|---|
| 3253 | | - | and improvement of state parks and campgrounds, the care, |
|---|
| 3254 | | - | maintenance and operation of Batterson Park, a public park owned by |
|---|
| 3255 | | - | the city of Hartford and located in the city of New Britain and the town |
|---|
| 3256 | | - | of Farmington, the operation of the Thames River Heritage Park taxi |
|---|
| 3257 | | - | serving the city of New London and the city of Groton for the fiscal years |
|---|
| 3258 | | - | ending June 30, 2026, to June 30, 2031, inclusive, in an amount not to |
|---|
| 3259 | | - | exceed two hundred thousand dollars in each of the fiscal years ending |
|---|
| 3260 | | - | June 30, 2026, to June 30, 2028, inclusive, one hundred thousand dollars |
|---|
| 3261 | | - | in the fiscal years ending June 30, 2029, and June 30, 2030, and in an |
|---|
| 3262 | | - | amount not to exceed fifty thousand dollars in the fiscal year ending |
|---|
| 3263 | | - | June 30, 2031, the funding of soil and water conservation districts and |
|---|
| 3264 | | - | the funding of environmental review teams, in accordance with |
|---|
| 3265 | | - | subsection (b) of this section. All funds collected from the Passport to |
|---|
| 3266 | | - | the Parks Fee established pursuant to section 14-49b shall be deposited |
|---|
| 3267 | | - | into the Passport to the Parks account. Such account shall contain all |
|---|
| 3268 | | - | moneys required by law to be deposited in such account. Such account House Bill No. 5523 |
|---|
| 3269 | | - | |
|---|
| 3270 | | - | Public Act No. 24-81 71 of 351 |
|---|
| 3271 | | - | |
|---|
| 3272 | | - | may receive funds from private or public sources, including, but not |
|---|
| 3273 | | - | limited to, any municipal government or the federal government. Such |
|---|
| 3274 | | - | account shall contain subaccounts as required by section 23-15b. |
|---|
| 3275 | | - | (b) For the fiscal year beginning July 1, 2018, and each fiscal year |
|---|
| 3276 | | - | thereafter, the sum of one hundred thousand dollars shall be paid by the |
|---|
| 3277 | | - | Department of Energy and Environmental Protection from the Passport |
|---|
| 3278 | | - | to the Parks account to each of the following entities: (1) The Connecticut |
|---|
| 3279 | | - | River Coastal Conservation District, (2) the Eastern Conservation |
|---|
| 3280 | | - | District, (3) the North Central Conservation District, (4) the Northwest |
|---|
| 3281 | | - | Conservation District, (5) the Southwest Conservation District, (6) the |
|---|
| 3282 | | - | Connecticut Environmental Review Team, and (7) the Connecticut |
|---|
| 3283 | | - | Council on Water and Soil Conservation. |
|---|
| 3284 | | - | Sec. 41. (NEW) (Effective from passage) The Department of Energy and |
|---|
| 3285 | | - | Environmental Protection, the city of Hartford and Riverfront |
|---|
| 3286 | | - | Recapture shall enter into a memorandum of agreement for the care, |
|---|
| 3287 | | - | maintenance and operation of Batterson Park by Riverfront Recapture. |
|---|
| 3288 | | - | Such agreement may include, but shall not be limited to: (1) |
|---|
| 3289 | | - | Authorization for Riverfront Recapture, through its agents and |
|---|
| 3290 | | - | employees, to enter upon, maintain and operate all areas of Batterson |
|---|
| 3291 | | - | Park, including, but not limited to, any areas not under the care, custody |
|---|
| 3292 | | - | and control of the city of Hartford, and (2) the provision of a grant-in- |
|---|
| 3293 | | - | aid from the Department of Energy and Environmental Protection to |
|---|
| 3294 | | - | Riverfront Recapture, each fiscal year, for the care, maintenance and |
|---|
| 3295 | | - | operation of Batterson Park through funding available to such state |
|---|
| 3296 | | - | agency in accordance with the provisions of section 23-15h of the |
|---|
| 3297 | | - | general statutes. |
|---|
| 3298 | | - | Sec. 42. (NEW) (Effective from passage) The Department of Energy and |
|---|
| 3299 | | - | Environmental Protection shall enter into a memorandum of agreement |
|---|
| 3300 | | - | with the Thames River Heritage Park Foundation for the funding of the |
|---|
| 3301 | | - | operations and administration of a water taxi boat and tour operations |
|---|
| 3302 | | - | along the Thames River in both the city of New London and the city of House Bill No. 5523 |
|---|
| 3303 | | - | |
|---|
| 3304 | | - | Public Act No. 24-81 72 of 351 |
|---|
| 3305 | | - | |
|---|
| 3306 | | - | Groton during the fiscal years ending June 30, 2025, to June 30, 2031, in |
|---|
| 3307 | | - | accordance with subsection (a) of section 23-15h of the general statutes. |
|---|
| 3308 | | - | Sec. 43. Subsection (b) of section 14-49b of the general statutes is |
|---|
| 3309 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 3310 | | - | 2025): |
|---|
| 3311 | | - | (b) For each new registration or renewal of registration of any motor |
|---|
| 3312 | | - | vehicle with the Commissioner of Motor Vehicles pursuant to this |
|---|
| 3313 | | - | chapter, the person registering such vehicle shall pay to the |
|---|
| 3314 | | - | commissioner a fee of [fifteen] twenty-four dollars for registration for a |
|---|
| 3315 | | - | triennial period or [ten] sixteen dollars for registration for a biennial |
|---|
| 3316 | | - | period for the following registration types: Passenger, motorcycle, |
|---|
| 3317 | | - | motor home, combination or antique. Any person who is sixty-five years |
|---|
| 3318 | | - | or older and who obtains a one-year registration renewal under section |
|---|
| 3319 | | - | 14-49 for such registration type shall pay [five] eight dollars for the |
|---|
| 3320 | | - | annual registration period. The provisions of this subsection shall not |
|---|
| 3321 | | - | apply to any motor vehicle that is not self-propelled or that is exempted |
|---|
| 3322 | | - | from payment of a registration fee. This fee shall be identified as the |
|---|
| 3323 | | - | "Passport to the Parks Fee" on any registration form provided by the |
|---|
| 3324 | | - | commissioner. Payments collected pursuant to the provisions of this |
|---|
| 3325 | | - | subsection shall be deposited in the Passport to the Parks account |
|---|
| 3326 | | - | established pursuant to section 23-15h. The fee required by this |
|---|
| 3327 | | - | subsection is in addition to any other fees prescribed by any other |
|---|
| 3328 | | - | provision of this title for the registration of a motor vehicle. No part of |
|---|
| 3329 | | - | the "Passport to the Parks Fee" shall be subject to a refund under |
|---|
| 3330 | | - | subsection (z) of section 14-49. |
|---|
| 3331 | | - | Sec. 44. (NEW) (Effective July 1, 2024) For the fiscal year ending June |
|---|
| 3332 | | - | 30, 2024, and for each fiscal year thereafter, the Comptroller shall fund |
|---|
| 3333 | | - | the fringe benefit cost differential between the average rate for fringe |
|---|
| 3334 | | - | benefits for employees of private hospitals in the state and the fringe |
|---|
| 3335 | | - | benefit rate for employees of The University of Connecticut Health |
|---|
| 3336 | | - | Center from the resources appropriated for State Comptroller-Fringe House Bill No. 5523 |
|---|
| 3337 | | - | |
|---|
| 3338 | | - | Public Act No. 24-81 73 of 351 |
|---|
| 3339 | | - | |
|---|
| 3340 | | - | Benefits in an amount not to exceed $4,500,000. For purposes of this |
|---|
| 3341 | | - | section, the "fringe benefit cost differential" means the difference |
|---|
| 3342 | | - | between the state fringe benefit rate calculated on The University of |
|---|
| 3343 | | - | Connecticut Health Center payroll and the average member fringe |
|---|
| 3344 | | - | benefit rate of all Connecticut acute care hospitals as contained in the |
|---|
| 3345 | | - | annual reports submitted to the Health Systems Planning Unit of the |
|---|
| 3346 | | - | Office of Health Strategy pursuant to section 19a-644 of the general |
|---|
| 3347 | | - | statutes. The Comptroller shall enter into a memorandum of |
|---|
| 3348 | | - | understanding with The University of Connecticut Health Center for the |
|---|
| 3349 | | - | purpose of providing operating support. |
|---|
| 3350 | | - | Sec. 45. Subsection (g) of section 19a-59i of the general statutes is |
|---|
| 3351 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 3352 | | - | passage): |
|---|
| 3353 | | - | (g) [Not later than January 1, 2023, the maternal mortality review |
|---|
| 3354 | | - | committee] The Department of Public Health shall develop educational |
|---|
| 3355 | | - | materials regarding: |
|---|
| 3356 | | - | (1) The health and safety of pregnant and postpartum persons with |
|---|
| 3357 | | - | mental health disorders, including, but not limited to, perinatal mood |
|---|
| 3358 | | - | and anxiety disorders, for distribution by the [Department of Public |
|---|
| 3359 | | - | Health] department to each birthing hospital in the state. As used in this |
|---|
| 3360 | | - | subdivision, "birthing hospital" means a health care facility, as defined |
|---|
| 3361 | | - | in section 19a-630, operated and maintained in whole or in part for the |
|---|
| 3362 | | - | purpose of caring for patients during the delivery of a child and for a |
|---|
| 3363 | | - | postpartum person and such person's newborn following birth; |
|---|
| 3364 | | - | (2) Evidence-based screening tools for screening patients for intimate |
|---|
| 3365 | | - | partner violence, peripartum mood disorders and substance use |
|---|
| 3366 | | - | disorder for distribution by the [Department of Public Health] |
|---|
| 3367 | | - | department to obstetricians and other health care providers who |
|---|
| 3368 | | - | practice obstetrics; [and] House Bill No. 5523 |
|---|
| 3369 | | - | |
|---|
| 3370 | | - | Public Act No. 24-81 74 of 351 |
|---|
| 3371 | | - | |
|---|
| 3372 | | - | (3) Indicators of intimate partner violence for distribution by the |
|---|
| 3373 | | - | [Department of Public Health] department to (A) hospitals for use by |
|---|
| 3374 | | - | health care providers in the emergency department and hospital social |
|---|
| 3375 | | - | workers, and (B) obstetricians and other health care providers who |
|---|
| 3376 | | - | practice obstetrics; and |
|---|
| 3377 | | - | (4) Not later than January 1, 2025, intimate partner violence toward |
|---|
| 3378 | | - | pregnant and postpartum persons for distribution by the department |
|---|
| 3379 | | - | (A) in print to each birthing hospital and birth center in the state, and |
|---|
| 3380 | | - | (B) electronically to obstetricians and other health care providers who |
|---|
| 3381 | | - | practice obstetrics for provision to pregnant and postpartum patients. |
|---|
| 3382 | | - | The department shall consult with organizations that advocate on behalf |
|---|
| 3383 | | - | of victims of domestic violence in the development of educational |
|---|
| 3384 | | - | materials pursuant to this subdivision. |
|---|
| 3385 | | - | Sec. 46. Section 19a-490ee of the general statutes is repealed and the |
|---|
| 3386 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 3387 | | - | (a) As used in this section, (1) "birthing hospital" means a health care |
|---|
| 3388 | | - | facility, as defined in section 19a-630, operated and maintained in whole |
|---|
| 3389 | | - | or in part for the purpose of caring for a person during the delivery of a |
|---|
| 3390 | | - | child and for a postpartum person and such person's newborn following |
|---|
| 3391 | | - | birth; and (2) "birth center" has the same meaning as provided in section |
|---|
| 3392 | | - | 19a-490. |
|---|
| 3393 | | - | (b) [On and after October 1, 2022, each] Each birthing hospital shall |
|---|
| 3394 | | - | provide to each patient who has undergone a caesarean section written |
|---|
| 3395 | | - | information regarding the importance of mobility following a caesarean |
|---|
| 3396 | | - | section and the risks associated with immobility following a caesarean |
|---|
| 3397 | | - | section. |
|---|
| 3398 | | - | (c) [Not later than January 1, 2023, each] Each birthing hospital shall |
|---|
| 3399 | | - | establish a patient portal through which a postpartum patient can |
|---|
| 3400 | | - | virtually access, through an Internet web site or application, any House Bill No. 5523 |
|---|
| 3401 | | - | |
|---|
| 3402 | | - | Public Act No. 24-81 75 of 351 |
|---|
| 3403 | | - | |
|---|
| 3404 | | - | educational materials and other information that the birthing hospital |
|---|
| 3405 | | - | provided to the patient during the patient's stay at the birthing hospital |
|---|
| 3406 | | - | and at the time of the patient's discharge from the birthing hospital. |
|---|
| 3407 | | - | (d) [On and after January 1, 2023, each] Each birthing hospital shall |
|---|
| 3408 | | - | provide to each postpartum patient the educational materials regarding |
|---|
| 3409 | | - | the health and safety of pregnant and postpartum persons with mental |
|---|
| 3410 | | - | health disorders, including, but not limited to, perinatal mood and |
|---|
| 3411 | | - | anxiety disorders, developed by the maternal mortality review |
|---|
| 3412 | | - | committee pursuant to subdivision (1) of subsection (g) of section 19a- |
|---|
| 3413 | | - | 59i. |
|---|
| 3414 | | - | (e) On and after January 1, 2025, each birthing hospital and birth |
|---|
| 3415 | | - | center shall provide to each pregnant and postpartum patient the |
|---|
| 3416 | | - | educational materials regarding intimate partner violence toward |
|---|
| 3417 | | - | pregnant and postpartum persons, developed by the Department of |
|---|
| 3418 | | - | Public Health pursuant to subdivision (4) of subsection (g) of section |
|---|
| 3419 | | - | 19a-59i. |
|---|
| 3420 | | - | Sec. 47. Section 32-616a of the 2024 supplement to the general statutes |
|---|
| 3421 | | - | is repealed and the following is substituted in lieu thereof (Effective July |
|---|
| 3422 | | - | 1, 2024): |
|---|
| 3423 | | - | (a) For purposes of this section and section 32-616b: |
|---|
| 3424 | | - | (1) "Authority" means the Capital Region Development Authority |
|---|
| 3425 | | - | established pursuant to section 32-601. |
|---|
| 3426 | | - | (2) "Contractor" means an entity, including any affiliate thereof, |
|---|
| 3427 | | - | selected and approved by the board of directors of the authority to |
|---|
| 3428 | | - | manage and operate the XL Center. |
|---|
| 3429 | | - | (3) "XL Center" means the civic center and coliseum complex in the |
|---|
| 3430 | | - | city of Hartford known as the XL Center and includes the adjoining |
|---|
| 3431 | | - | parking garage owned by the authority that is located on Church Street House Bill No. 5523 |
|---|
| 3432 | | - | |
|---|
| 3433 | | - | Public Act No. 24-81 76 of 351 |
|---|
| 3434 | | - | |
|---|
| 3435 | | - | in the city of Hartford. |
|---|
| 3436 | | - | (b) Notwithstanding any provision of the general statutes, the |
|---|
| 3437 | | - | authority may enter into an agreement with the contractor that is |
|---|
| 3438 | | - | managing and operating the XL Center on July 1, 2023, to continue to |
|---|
| 3439 | | - | manage and operate the XL Center. Any such agreement shall provide |
|---|
| 3440 | | - | that the contractor will manage, operate and invest in the renovation of |
|---|
| 3441 | | - | the XL Center and bear any losses and share in any profits from the |
|---|
| 3442 | | - | operation of the XL Center. Any such agreement shall be entered into |
|---|
| 3443 | | - | not later than December 31, 2025, except amendments thereto may be |
|---|
| 3444 | | - | entered into after said date. Any such agreement or amendment to such |
|---|
| 3445 | | - | agreement shall be subject to the approval of the Secretary of the Office |
|---|
| 3446 | | - | of Policy and Management. |
|---|
| 3447 | | - | (c) Any agreement entered into pursuant to this section shall include, |
|---|
| 3448 | | - | but not be limited to, the following terms and conditions: |
|---|
| 3449 | | - | (1) The term of the agreement, the expiration of which shall be limited |
|---|
| 3450 | | - | to the earliest expiration of any agreement entered into in accordance |
|---|
| 3451 | | - | with subsection (e) of this section; |
|---|
| 3452 | | - | (2) The amounts that the authority and the contractor shall contribute |
|---|
| 3453 | | - | toward the renovation and reconstruction of the XL Center pursuant to |
|---|
| 3454 | | - | section 32-616b; |
|---|
| 3455 | | - | (3) A complete description of the scope of the management and |
|---|
| 3456 | | - | operations and functions to be performed under the agreement and the |
|---|
| 3457 | | - | responsibilities of the authority and the contractor thereunder; |
|---|
| 3458 | | - | (4) The minimum quality standards the contractor shall maintain in |
|---|
| 3459 | | - | its management and operation of the XL Center; |
|---|
| 3460 | | - | (5) The methodology to calculate the net profit or loss derived from |
|---|
| 3461 | | - | the operations of the XL Center, provided (A) operating expenses shall |
|---|
| 3462 | | - | not include depreciation on any assets paid for with the funds House Bill No. 5523 |
|---|
| 3463 | | - | |
|---|
| 3464 | | - | Public Act No. 24-81 77 of 351 |
|---|
| 3465 | | - | |
|---|
| 3466 | | - | contributed by the contractor or the authority for the renovation and |
|---|
| 3467 | | - | reconstruction of the XL Center in accordance with section 32-616b, and |
|---|
| 3468 | | - | (B) operating expenses may include fees for certain services that are paid |
|---|
| 3469 | | - | to the contractor or its affiliates for certain services rendered, including, |
|---|
| 3470 | | - | but not limited to, venue management fees, food and beverage fees, and |
|---|
| 3471 | | - | sponsorship and premium commissions; |
|---|
| 3472 | | - | (6) The division of the net profit or loss between the contractor and |
|---|
| 3473 | | - | the authority, provided that on an annual basis: (A) The contractor shall |
|---|
| 3474 | | - | be responsible for any net loss from the operations of the XL Center, (B) |
|---|
| 3475 | | - | the contractor shall retain the first four million dollars of any net profit |
|---|
| 3476 | | - | from the operations of the XL Center, and (C) any net profit from the |
|---|
| 3477 | | - | operations of the XL Center in excess of four million dollars shall be split |
|---|
| 3478 | | - | equally between the contractor and the authority; |
|---|
| 3479 | | - | (7) Any amounts that the contractor and the authority will contribute |
|---|
| 3480 | | - | to a capital expense fund to pay for future capital improvements; |
|---|
| 3481 | | - | (8) A requirement that the contractor furnish an annual independent |
|---|
| 3482 | | - | audit report to the authority and to the Secretary of the Office of Policy |
|---|
| 3483 | | - | and Management covering all aspects of the agreement; |
|---|
| 3484 | | - | (9) Performance and payment bonds or other security deemed |
|---|
| 3485 | | - | suitable by the authority; |
|---|
| 3486 | | - | (10) One or more policies of public liability insurance in such |
|---|
| 3487 | | - | amounts determined by the authority to ensure coverage of tort liability |
|---|
| 3488 | | - | for the public and employees of the contractor and to provide for the |
|---|
| 3489 | | - | continued operation of the XL Center; |
|---|
| 3490 | | - | (11) The rights and remedies available to the authority for a material |
|---|
| 3491 | | - | breach of the agreement by the contractor; and |
|---|
| 3492 | | - | (12) Any other provision determined to be appropriate by the |
|---|
| 3493 | | - | authority. House Bill No. 5523 |
|---|
| 3494 | | - | |
|---|
| 3495 | | - | Public Act No. 24-81 78 of 351 |
|---|
| 3496 | | - | |
|---|
| 3497 | | - | (d) Any agreement entered into pursuant to this section shall be |
|---|
| 3498 | | - | consistent with the provisions of subdivision (4) of subsection (d) of |
|---|
| 3499 | | - | section 32-602. |
|---|
| 3500 | | - | (e) Prior to entering into any agreement pursuant to subsection (b) of |
|---|
| 3501 | | - | this section, the authority shall enter into one or more agreements with |
|---|
| 3502 | | - | the city of Hartford to extend the lease of the XL Center. |
|---|
| 3503 | | - | (f) For purposes of property taxation, while owned, leased or |
|---|
| 3504 | | - | operated by the authority or the contractor, the XL Center and any |
|---|
| 3505 | | - | personal property located thereon shall be deemed to be state-owned |
|---|
| 3506 | | - | property under subdivision (2) of section 12-81, except the state shall not |
|---|
| 3507 | | - | make any grant in lieu of taxes with respect to the XL Center. |
|---|
| 3508 | | - | (g) Sales of tangible personal property or services that are necessary |
|---|
| 3509 | | - | for the operation of the XL Center made to the contractor while the XL |
|---|
| 3510 | | - | Center is operated by the contractor shall be exempt from the taxes |
|---|
| 3511 | | - | imposed under chapter 219. |
|---|
| 3512 | | - | Sec. 48. Section 32-616b of the 2024 supplement to the general statutes |
|---|
| 3513 | | - | is repealed and the following is substituted in lieu thereof (Effective July |
|---|
| 3514 | | - | 1, 2024): |
|---|
| 3515 | | - | (a) Notwithstanding any provision of the general statutes, the |
|---|
| 3516 | | - | authority may enter into one or more agreements for a project to |
|---|
| 3517 | | - | renovate and reconstruct the XL Center. Any such agreement shall be |
|---|
| 3518 | | - | entered into not later than December 31, 2025, except amendments |
|---|
| 3519 | | - | thereto may be entered into after said date. Any such agreement or |
|---|
| 3520 | | - | amendment shall be subject to the approval of the Secretary of the Office |
|---|
| 3521 | | - | of Policy and Management. |
|---|
| 3522 | | - | (b) Any such agreement shall provide that the authority, the state, or |
|---|
| 3523 | | - | a combination thereof, shall contribute not more than [eighty] one |
|---|
| 3524 | | - | hundred twenty-five million dollars and the contractor shall contribute |
|---|
| 3525 | | - | not less than twenty million dollars toward the costs of any renovation House Bill No. 5523 |
|---|
| 3526 | | - | |
|---|
| 3527 | | - | Public Act No. 24-81 79 of 351 |
|---|
| 3528 | | - | |
|---|
| 3529 | | - | or reconstruction of the XL Center occurring after January 1, 2023. |
|---|
| 3530 | | - | Sec. 49. (Effective July 1, 2024) (a) The Criminal Justice Policy and |
|---|
| 3531 | | - | Planning Division within the Office of Policy and Management, in |
|---|
| 3532 | | - | consultation with the Department of Correction, shall conduct a needs |
|---|
| 3533 | | - | assessment of the facilities, materials and staffing required for the |
|---|
| 3534 | | - | delivery of postsecondary education programs in correctional facilities. |
|---|
| 3535 | | - | Such assessment shall include, but need not be limited to, (1) a |
|---|
| 3536 | | - | solicitation of feedback from institutions of higher education that |
|---|
| 3537 | | - | provide postsecondary education programs in correctional facilities to |
|---|
| 3538 | | - | understand current needs, (2) an analysis of the policies of the |
|---|
| 3539 | | - | Department of Correction concerning postsecondary education of |
|---|
| 3540 | | - | incarcerated persons, (3) a determination of the level of unmet demand |
|---|
| 3541 | | - | for postsecondary education among incarcerated persons, (4) an |
|---|
| 3542 | | - | inventory of the (A) correctional facilities, including, but not limited to, |
|---|
| 3543 | | - | classrooms, multipurpose rooms, libraries and study rooms, (B) staffing, |
|---|
| 3544 | | - | and (C) materials, including, but not limited to, education technology |
|---|
| 3545 | | - | and Internet access, currently available for the delivery of |
|---|
| 3546 | | - | postsecondary education, (5) recommendations for and a cost analysis |
|---|
| 3547 | | - | of the improvement of such facilities, staffing and materials to meet the |
|---|
| 3548 | | - | unmet demand for postsecondary education, (6) a survey of (A) |
|---|
| 3549 | | - | students of postsecondary education programs in correctional facilities, |
|---|
| 3550 | | - | (B) former students of such programs, in consultation with regional |
|---|
| 3551 | | - | reentry programs, and (C) any group or person the division deems |
|---|
| 3552 | | - | necessary, and (7) a listing of any other specific barriers to the effective |
|---|
| 3553 | | - | delivery of postsecondary education programs to incarcerated persons. |
|---|
| 3554 | | - | (b) Not later than January 1, 2025, the Secretary of the Office of Policy |
|---|
| 3555 | | - | and Management shall report, in accordance with the provisions of |
|---|
| 3556 | | - | section 11-4a of the general statutes, to the joint standing committee of |
|---|
| 3557 | | - | the General Assembly having cognizance of matters relating to higher |
|---|
| 3558 | | - | education and employment advancement regarding the needs |
|---|
| 3559 | | - | assessment conducted pursuant to subsection (a) of this section. House Bill No. 5523 |
|---|
| 3560 | | - | |
|---|
| 3561 | | - | Public Act No. 24-81 80 of 351 |
|---|
| 3562 | | - | |
|---|
| 3563 | | - | Sec. 50. Subsection (b) of section 10a-173 of the 2024 supplement to |
|---|
| 3564 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 3565 | | - | thereof (Effective from passage): |
|---|
| 3566 | | - | (b) The Office of Higher Education shall establish the Roberta B. |
|---|
| 3567 | | - | Willis Scholarship program to annually make need-based financial aid |
|---|
| 3568 | | - | available for eligible educational costs to eligible students enrolled at |
|---|
| 3569 | | - | Connecticut's public and independent institutions of higher education. |
|---|
| 3570 | | - | Within available funds, the Roberta B. Willis Scholarship program shall |
|---|
| 3571 | | - | include a need and merit-based grant, a need-based grant and a Charter |
|---|
| 3572 | | - | Oak grant. The need and merit-based grant shall be funded at not less |
|---|
| 3573 | | - | than twenty per cent but not more than thirty per cent of available funds |
|---|
| 3574 | | - | or ten million dollars, whichever is greater. The need-based grant shall |
|---|
| 3575 | | - | be funded at up to eighty per cent of available funds. The Charter Oak |
|---|
| 3576 | | - | grant shall be not less than one hundred thousand dollars of available |
|---|
| 3577 | | - | funds. There shall be an administrative allowance based on one-quarter |
|---|
| 3578 | | - | of one per cent of the available funds, but not less than one hundred |
|---|
| 3579 | | - | thousand dollars annually. The Office of Higher Education shall [use] |
|---|
| 3580 | | - | disburse the funds appropriated or allocated for the Roberta B. Willis |
|---|
| 3581 | | - | Scholarship program for the fiscal [year] years ending June 30, 2024, and |
|---|
| 3582 | | - | June 30, 2025, to make awards pursuant to subsection (c) of this section |
|---|
| 3583 | | - | and allocate funds pursuant to subsections (d) and (f) of this section [for |
|---|
| 3584 | | - | the academic years commencing July 1, 2023, and July 1, 2024] in |
|---|
| 3585 | | - | accordance with a plan developed by the office, provided the office shall |
|---|
| 3586 | | - | [use] (1) disburse all funds allocated for the Roberta B. Willis |
|---|
| 3587 | | - | Scholarship program from the federal funds designated for the state |
|---|
| 3588 | | - | pursuant to the provisions of Section 602 of Subtitle M of Title IX of the |
|---|
| 3589 | | - | American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to |
|---|
| 3590 | | - | time, on or before December 31, 2024, and (2) in accordance with |
|---|
| 3591 | | - | subsection (f) of section 4-89, reserve an amount of not more than fifteen |
|---|
| 3592 | | - | million dollars from the amount appropriated for the Roberta B. Willis |
|---|
| 3593 | | - | Scholarship program for the fiscal year ending June 30, 2025, for |
|---|
| 3594 | | - | disbursement during the fiscal year ending June 30, 2026. House Bill No. 5523 |
|---|
| 3595 | | - | |
|---|
| 3596 | | - | Public Act No. 24-81 81 of 351 |
|---|
| 3597 | | - | |
|---|
| 3598 | | - | Sec. 51. (NEW) (Effective from passage) Not later than January 1, 2025, |
|---|
| 3599 | | - | and quarterly thereafter, the Connecticut Port Authority shall submit a |
|---|
| 3600 | | - | report, in accordance with the provisions of section 11-4a of the general |
|---|
| 3601 | | - | statutes, to the joint standing committees of the General Assembly |
|---|
| 3602 | | - | having cognizance of matters relating to transportation and |
|---|
| 3603 | | - | appropriations and the budgets of state agencies that shall include the |
|---|
| 3604 | | - | following: (1) A description of the authority's work to support grants |
|---|
| 3605 | | - | under the Small Harbor Improvement Projects Program; (2) a |
|---|
| 3606 | | - | description of the authority's dredging activities and the needs |
|---|
| 3607 | | - | concerning dredging in harbors in the state; (3) a description of the |
|---|
| 3608 | | - | authority's marketing activities on behalf of maritime communities in |
|---|
| 3609 | | - | the state; and (4) a staffing plan to handle the needs of the authority. |
|---|
| 3610 | | - | Sec. 52. Section 2-137 of the 2024 supplement to the general statutes |
|---|
| 3611 | | - | is repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 3612 | | - | passage): |
|---|
| 3613 | | - | (a) There is established a Transforming Children's Behavioral Health |
|---|
| 3614 | | - | Policy and Planning Committee. The committee shall evaluate the |
|---|
| 3615 | | - | availability and efficacy of prevention, early intervention, and |
|---|
| 3616 | | - | behavioral health treatment services and options for children from birth |
|---|
| 3617 | | - | to age eighteen and make recommendations to the General Assembly |
|---|
| 3618 | | - | and executive agencies regarding the governance and administration of |
|---|
| 3619 | | - | the behavioral health care system for children. The committee shall be |
|---|
| 3620 | | - | within the Legislative Department. For purposes of this section, |
|---|
| 3621 | | - | "behavioral health" means mental health and substance use disorders, |
|---|
| 3622 | | - | as well as overall psychological well-being. |
|---|
| 3623 | | - | (b) The committee shall consist of the following members: |
|---|
| 3624 | | - | (1) The chairpersons and ranking members of the joint standing |
|---|
| 3625 | | - | committees of the General Assembly having cognizance of matters |
|---|
| 3626 | | - | relating to public health, human services, children and appropriations |
|---|
| 3627 | | - | and the budgets of state agencies, or their designees; House Bill No. 5523 |
|---|
| 3628 | | - | |
|---|
| 3629 | | - | Public Act No. 24-81 82 of 351 |
|---|
| 3630 | | - | |
|---|
| 3631 | | - | (2) Three appointed by the speaker of the House of Representatives, |
|---|
| 3632 | | - | one of whom shall be a member of the General Assembly and two of |
|---|
| 3633 | | - | whom shall be providers of behavioral health services for children in the |
|---|
| 3634 | | - | state; |
|---|
| 3635 | | - | (3) Three appointed by the president pro tempore of the Senate, one |
|---|
| 3636 | | - | of whom shall be a member of the General Assembly and two of whom |
|---|
| 3637 | | - | shall be representatives of private advocacy groups that provide |
|---|
| 3638 | | - | services for children and families in the state; |
|---|
| 3639 | | - | (4) (A) Two appointed by the chairperson of the committee selected |
|---|
| 3640 | | - | by the speaker of the House of Representatives pursuant to subsection |
|---|
| 3641 | | - | (e) of this section, one of whom shall be a child or youth advocate; and |
|---|
| 3642 | | - | (B) two appointed by the chairperson of the committee selected by the |
|---|
| 3643 | | - | president pro tempore of the Senate pursuant to subsection (e) of this |
|---|
| 3644 | | - | section, one of whom shall be a child or youth advocate; |
|---|
| 3645 | | - | (5) Two appointed by the majority leader of the House of |
|---|
| 3646 | | - | Representatives, who shall be representatives of children's hospitals; |
|---|
| 3647 | | - | (6) One appointed by the majority leader of the Senate, who shall be |
|---|
| 3648 | | - | a representative of public school superintendents in the state; |
|---|
| 3649 | | - | (7) Two appointed by the minority leader of the House of |
|---|
| 3650 | | - | Representatives, who shall be representatives of families with children |
|---|
| 3651 | | - | who have been diagnosed with behavioral health disorders; |
|---|
| 3652 | | - | (8) Two appointed by the minority leader of the Senate, who shall be |
|---|
| 3653 | | - | providers of behavioral health services; |
|---|
| 3654 | | - | (9) Two jointly appointed by the chairpersons of the joint standing |
|---|
| 3655 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 3656 | | - | relating to appropriations and the budgets of state agencies, each of |
|---|
| 3657 | | - | whom shall be a representative of one of the two federally recognized |
|---|
| 3658 | | - | Indian tribes in the state; House Bill No. 5523 |
|---|
| 3659 | | - | |
|---|
| 3660 | | - | Public Act No. 24-81 83 of 351 |
|---|
| 3661 | | - | |
|---|
| 3662 | | - | [(9)] (10) The Commissioners of Children and Families, Correction, |
|---|
| 3663 | | - | Developmental Services, Early Childhood, Education, Insurance, |
|---|
| 3664 | | - | Mental Health and Addiction Services, Public Health and Social |
|---|
| 3665 | | - | Services, or their designees; |
|---|
| 3666 | | - | [(10)] (11) The executive director of the Office of Health Strategy, or |
|---|
| 3667 | | - | the executive director's designee; |
|---|
| 3668 | | - | [(11)] (12) The Child Advocate, or the Child Advocate's designee; |
|---|
| 3669 | | - | [(12)] (13) The Healthcare Advocate, or the Healthcare Advocate's |
|---|
| 3670 | | - | designee; |
|---|
| 3671 | | - | [(13)] (14) The executive director of the Court Support Services |
|---|
| 3672 | | - | Division of the Judicial Branch, or the executive director's designee; |
|---|
| 3673 | | - | [(14)] (15) The executive director of the Commission on Women, |
|---|
| 3674 | | - | Children, Seniors, Equity and Opportunity, or the executive director's |
|---|
| 3675 | | - | designee; |
|---|
| 3676 | | - | [(15)] (16) The Secretary of the Office of Policy and Management, or |
|---|
| 3677 | | - | the secretary's designee; and |
|---|
| 3678 | | - | [(16)] (17) One representative from each administrative services |
|---|
| 3679 | | - | organization under contract with the Department of Social Services to |
|---|
| 3680 | | - | provide such services for recipients of assistance under the HUSKY |
|---|
| 3681 | | - | Health program, who shall be ex-officio, nonvoting members. |
|---|
| 3682 | | - | (c) Any member of the committee appointed under subdivisions (1) |
|---|
| 3683 | | - | to (8), inclusive, of subsection (b) of this section may be a member of the |
|---|
| 3684 | | - | General Assembly. |
|---|
| 3685 | | - | (d) Any vacancy shall be filled by the appointing authority. |
|---|
| 3686 | | - | (e) The chairpersons of the committee shall be (1) the Secretary of the |
|---|
| 3687 | | - | Office of Policy and Management, or the secretary's designee, and (2) House Bill No. 5523 |
|---|
| 3688 | | - | |
|---|
| 3689 | | - | Public Act No. 24-81 84 of 351 |
|---|
| 3690 | | - | |
|---|
| 3691 | | - | two members of the General Assembly, one each selected by the speaker |
|---|
| 3692 | | - | of the House of Representatives and the president pro tempore of the |
|---|
| 3693 | | - | Senate from among the members serving pursuant to subdivision (1), |
|---|
| 3694 | | - | (2) or (3) of subsection (b) of this section. The three chairpersons shall |
|---|
| 3695 | | - | schedule the first meeting of the committee, which shall be held not later |
|---|
| 3696 | | - | than September 1, 2023. |
|---|
| 3697 | | - | (f) Members of the committee shall serve without compensation, |
|---|
| 3698 | | - | except for necessary expenses incurred in the performance of their |
|---|
| 3699 | | - | duties. |
|---|
| 3700 | | - | (g) Not later than December 1, [2023] 2025, the committee shall report, |
|---|
| 3701 | | - | in accordance with section 11-4a, to the joint standing committees of the |
|---|
| 3702 | | - | General Assembly having cognizance of matters relating to |
|---|
| 3703 | | - | appropriations and the budgets of state agencies, public health, human |
|---|
| 3704 | | - | services and children, and the Office of Policy and Management, |
|---|
| 3705 | | - | regarding the following: |
|---|
| 3706 | | - | (1) Any statutory and budgetary changes needed concerning the |
|---|
| 3707 | | - | behavioral health system of prevention, development and treatment |
|---|
| 3708 | | - | that the committee recommends to (A) improve developmental and |
|---|
| 3709 | | - | behavioral health outcomes for children; (B) improve transparency and |
|---|
| 3710 | | - | accountability with respect to state-funded services for children and |
|---|
| 3711 | | - | youth with an emphasis on goals identified by the committee for |
|---|
| 3712 | | - | community-based programs and facility-based interventions; and (C) |
|---|
| 3713 | | - | promote the efficient sharing of information by state and state-funded |
|---|
| 3714 | | - | agencies to ensure the regular collection and reporting of data regarding |
|---|
| 3715 | | - | children and families' access to, utilization of and benefit from services |
|---|
| 3716 | | - | necessary to promote public health and behavioral health outcomes for |
|---|
| 3717 | | - | children and youth and their families; |
|---|
| 3718 | | - | (2) The gaps in services identified by the committee with respect to |
|---|
| 3719 | | - | children and families involved in the behavioral health system, and |
|---|
| 3720 | | - | recommendations to address such gaps in services; House Bill No. 5523 |
|---|
| 3721 | | - | |
|---|
| 3722 | | - | Public Act No. 24-81 85 of 351 |
|---|
| 3723 | | - | |
|---|
| 3724 | | - | (3) Strengths and barriers identified by the committee that support or |
|---|
| 3725 | | - | impede the behavioral health needs of children and youth with specific |
|---|
| 3726 | | - | recommendations for reforms; |
|---|
| 3727 | | - | (4) An examination of the way state agencies can work collaboratively |
|---|
| 3728 | | - | through school-based efforts and other processes to improve |
|---|
| 3729 | | - | developmental and behavioral health outcomes for children; |
|---|
| 3730 | | - | (5) An examination of disproportionate access and outcomes across |
|---|
| 3731 | | - | the behavioral health care system for children of color; |
|---|
| 3732 | | - | (6) An examination of disproportionate access and outcomes across |
|---|
| 3733 | | - | the behavioral health care system for children with developmental |
|---|
| 3734 | | - | disabilities; |
|---|
| 3735 | | - | (7) A plan to ensure a quality assurance framework for facilities and |
|---|
| 3736 | | - | programs that are part of the behavioral health care system and are |
|---|
| 3737 | | - | operated privately or by the state that includes data regarding efficacy |
|---|
| 3738 | | - | and outcomes; and |
|---|
| 3739 | | - | (8) A governance structure for the children's behavioral health system |
|---|
| 3740 | | - | that will best facilitate the public policy and healthcare goals of the state |
|---|
| 3741 | | - | to ensure that all children and families, in urban, rural and all other |
|---|
| 3742 | | - | areas of the state, can access high-quality behavioral health care. |
|---|
| 3743 | | - | (h) The committee may complete its duties under this section after |
|---|
| 3744 | | - | requesting consultation with one or more organizations that focus on |
|---|
| 3745 | | - | children's behavioral health. The committee may accept administrative |
|---|
| 3746 | | - | support and technical and research assistance from any organization. |
|---|
| 3747 | | - | (i) The committee shall be given access to data collected by the state |
|---|
| 3748 | | - | on matters related to children's behavioral health from the relevant state |
|---|
| 3749 | | - | agencies or directly from contracted administrative service |
|---|
| 3750 | | - | organizations, as applicable. House Bill No. 5523 |
|---|
| 3751 | | - | |
|---|
| 3752 | | - | Public Act No. 24-81 86 of 351 |
|---|
| 3753 | | - | |
|---|
| 3754 | | - | (j) The committee may include two or more subcommittees chaired |
|---|
| 3755 | | - | by a member of the committee to inform its recommendations. The |
|---|
| 3756 | | - | subcommittees may focus on: Workforce-related issues, school-based |
|---|
| 3757 | | - | health, prevention, and intermediate or acute care. Any subcommittees |
|---|
| 3758 | | - | may examine gaps, reimbursement rates, parity in the outcomes of |
|---|
| 3759 | | - | services or the efficacy of services. |
|---|
| 3760 | | - | (k) The committee shall, annually, establish a work plan for |
|---|
| 3761 | | - | reviewing and making follow-up reports on the status or progress of the |
|---|
| 3762 | | - | committee's recommendations and activities. The work plan shall |
|---|
| 3763 | | - | include specific recommendations to improve outcomes related to |
|---|
| 3764 | | - | children's behavioral health and a timeline indicating dates by which |
|---|
| 3765 | | - | specific tasks or outcomes should be achieved. |
|---|
| 3766 | | - | (l) The committee shall develop a strategic plan that integrates the |
|---|
| 3767 | | - | recommendations identified pursuant to subsection (g) of this section. |
|---|
| 3768 | | - | In developing the plan, the committee may collaborate with any state |
|---|
| 3769 | | - | agency with responsibilities relating to the behavioral health system. |
|---|
| 3770 | | - | (m) Not later than December 1, [2024] 2026, the committee shall |
|---|
| 3771 | | - | report, in accordance with section 11-4a, such plan, together with an |
|---|
| 3772 | | - | account of progress made toward the full implementation of such plan, |
|---|
| 3773 | | - | and any recommendations concerning the implementation of identified |
|---|
| 3774 | | - | goals in the plan to the joint standing committees of the General |
|---|
| 3775 | | - | Assembly having cognizance of matters relating to appropriations and |
|---|
| 3776 | | - | the budgets of state agencies, public health, human services and |
|---|
| 3777 | | - | children, and the Office of Policy and Management. |
|---|
| 3778 | | - | Sec. 53. Subsections (c) to (e), inclusive, of section 10a-173 of the 2024 |
|---|
| 3779 | | - | supplement to the general statutes are repealed and the following is |
|---|
| 3780 | | - | substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 3781 | | - | (c) The Roberta B. Willis Scholarship need and merit-based grant |
|---|
| 3782 | | - | shall be available to any eligible student at any public or independent House Bill No. 5523 |
|---|
| 3783 | | - | |
|---|
| 3784 | | - | Public Act No. 24-81 87 of 351 |
|---|
| 3785 | | - | |
|---|
| 3786 | | - | institution of higher education. The Office of Higher Education shall |
|---|
| 3787 | | - | determine qualification for financial need based on family contribution |
|---|
| 3788 | | - | prior to July 1, 2024, and, on and after July 1, 2024, based on student aid |
|---|
| 3789 | | - | index and qualification for merit based on either previous high school |
|---|
| 3790 | | - | academic achievement or performance on standardized academic |
|---|
| 3791 | | - | aptitude tests. The Office of Higher Education shall make awards |
|---|
| 3792 | | - | according to a sliding scale, annually determined by said office, up to a |
|---|
| 3793 | | - | maximum family contribution or student aid index and based on |
|---|
| 3794 | | - | available funds and the number of eligible students who qualify for an |
|---|
| 3795 | | - | award. The Roberta B. Willis Scholarship need and merit-based grant |
|---|
| 3796 | | - | shall be awarded in a higher amount than the need-based grant |
|---|
| 3797 | | - | awarded pursuant to subsection (d) of this section, except for the |
|---|
| 3798 | | - | academic year commencing July 1, 2024. Recipients of the need and |
|---|
| 3799 | | - | merit-based grant shall not be eligible to receive an additional need- |
|---|
| 3800 | | - | based award. The order of institutions of higher education provided by |
|---|
| 3801 | | - | an eligible student on such student's Free Application for Federal |
|---|
| 3802 | | - | Student Aid shall not affect the student's qualification for an award |
|---|
| 3803 | | - | under this subsection. The institution of higher education in which an |
|---|
| 3804 | | - | eligible student enrolls shall disburse sums awarded under the need and |
|---|
| 3805 | | - | merit-based grant for payment of such student's eligible educational |
|---|
| 3806 | | - | costs. |
|---|
| 3807 | | - | (d) The Roberta B. Willis Scholarship need-based grant shall be |
|---|
| 3808 | | - | available to any eligible student at any public or independent institution |
|---|
| 3809 | | - | of higher education. The amount of the annual funds to be allocated to |
|---|
| 3810 | | - | each institution of higher education shall be determined by its actual |
|---|
| 3811 | | - | full-time equivalent enrollment of eligible students with a family |
|---|
| 3812 | | - | contribution or student aid index during the fall semester of the fiscal |
|---|
| 3813 | | - | year two years prior to the grant year of an amount not greater than two |
|---|
| 3814 | | - | hundred per cent of the maximum family contribution or student aid |
|---|
| 3815 | | - | index eligible for a federal Pell grant award for the academic year one |
|---|
| 3816 | | - | year prior to the grant year. Not later than July first, annually, each |
|---|
| 3817 | | - | institution of higher education shall report such enrollment data to the House Bill No. 5523 |
|---|
| 3818 | | - | |
|---|
| 3819 | | - | Public Act No. 24-81 88 of 351 |
|---|
| 3820 | | - | |
|---|
| 3821 | | - | Office of Higher Education. Not later than October first, annually, the |
|---|
| 3822 | | - | Office of Higher Education shall (1) publish such enrollment data on its |
|---|
| 3823 | | - | Internet web site, (2) notify each institution of higher education of the |
|---|
| 3824 | | - | proportion of the annual funds that such institution of higher education |
|---|
| 3825 | | - | will receive the following fiscal year, and (3) publish the proportions for |
|---|
| 3826 | | - | each institution of higher education on its Internet web site. |
|---|
| 3827 | | - | Participating institutions of higher education shall make awards (A) to |
|---|
| 3828 | | - | eligible full-time students in an amount up to four thousand five |
|---|
| 3829 | | - | hundred dollars, and (B) to eligible part-time students in an amount that |
|---|
| 3830 | | - | is prorated according to the number of credits each student will earn for |
|---|
| 3831 | | - | completing the course or courses in which such student is enrolled, such |
|---|
| 3832 | | - | that a student enrolled in a course or courses earning (i) at least nine but |
|---|
| 3833 | | - | less than twelve credits is eligible for up to seventy-five per cent of the |
|---|
| 3834 | | - | maximum award, and (ii) at least six but less than nine credits is eligible |
|---|
| 3835 | | - | for up to fifty per cent of the maximum award. Each participating |
|---|
| 3836 | | - | institution of higher education shall expend all of the moneys received |
|---|
| 3837 | | - | under the Roberta B. Willis Scholarship program as direct financial |
|---|
| 3838 | | - | assistance only for eligible educational costs. |
|---|
| 3839 | | - | (e) Participating institutions of higher education shall annually |
|---|
| 3840 | | - | provide the Office of Higher Education with data and reports on all |
|---|
| 3841 | | - | eligible students who applied for financial aid, including, but not |
|---|
| 3842 | | - | limited to, students receiving a Roberta B. Willis Scholarship grant, in a |
|---|
| 3843 | | - | form and at a time determined by said office. If an institution of higher |
|---|
| 3844 | | - | education fails to submit information to the Office of Higher Education |
|---|
| 3845 | | - | as directed, such institution shall be prohibited from participating in the |
|---|
| 3846 | | - | scholarship program in the fiscal year following the fiscal year in which |
|---|
| 3847 | | - | such institution failed to submit such information. Each participating |
|---|
| 3848 | | - | institution of higher education shall maintain, for a period of not less |
|---|
| 3849 | | - | than three years, records substantiating the reported number of eligible |
|---|
| 3850 | | - | students and documentation utilized by the institution of higher |
|---|
| 3851 | | - | education in determining qualification of the student grant recipients. |
|---|
| 3852 | | - | Such records shall be subject to audit or review. For the academic year House Bill No. 5523 |
|---|
| 3853 | | - | |
|---|
| 3854 | | - | Public Act No. 24-81 89 of 351 |
|---|
| 3855 | | - | |
|---|
| 3856 | | - | commencing July 1, 2024, the Office of Higher Education shall (1) not |
|---|
| 3857 | | - | require participating institutions of higher education to reduce the |
|---|
| 3858 | | - | amount of a need-based grant awarded to an eligible student based on |
|---|
| 3859 | | - | the initial qualifications determined from such student's Free |
|---|
| 3860 | | - | Application for Federal Student Aid, even if the United States |
|---|
| 3861 | | - | Department of Education subsequently revises such qualifications, and |
|---|
| 3862 | | - | (2) deem a participating institution of higher education to be in |
|---|
| 3863 | | - | compliance with this section if such initial qualifications qualified an |
|---|
| 3864 | | - | eligible student for the need-based grant that such student was |
|---|
| 3865 | | - | awarded. Funds not obligated by an institution of higher education shall |
|---|
| 3866 | | - | be returned by May first in the fiscal year the grant was made to the |
|---|
| 3867 | | - | Office of Higher Education for reallocation. Financial aid provided to |
|---|
| 3868 | | - | eligible students under this program shall be designated as a grant from |
|---|
| 3869 | | - | the Roberta B. Willis Scholarship program. |
|---|
| 3870 | | - | Sec. 54. Subsection (d) of section 22a-202 of the 2024 supplement to |
|---|
| 3871 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 3872 | | - | thereof (Effective from passage): |
|---|
| 3873 | | - | (d) On and after July 1, 2022, the Commissioner of Energy and |
|---|
| 3874 | | - | Environmental Protection shall establish and administer a program to |
|---|
| 3875 | | - | provide rebates or vouchers to residents, municipalities, businesses, |
|---|
| 3876 | | - | nonprofit organizations and tribal entities located in this state when |
|---|
| 3877 | | - | such residents, municipalities, businesses, organizations or tribal |
|---|
| 3878 | | - | entities purchase or lease a new or used battery electric vehicle, plug-in |
|---|
| 3879 | | - | hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in |
|---|
| 3880 | | - | consultation with the advisory board, shall establish and revise, as |
|---|
| 3881 | | - | necessary, appropriate rebate levels, voucher amounts and maximum |
|---|
| 3882 | | - | income eligibility for such rebates or vouchers. The commissioner shall |
|---|
| 3883 | | - | prioritize the granting of rebates or vouchers to residents of |
|---|
| 3884 | | - | environmental justice communities, residents having household |
|---|
| 3885 | | - | incomes at or below three hundred per cent of the federal poverty level |
|---|
| 3886 | | - | and residents who participate in state and federal assistance programs, House Bill No. 5523 |
|---|
| 3887 | | - | |
|---|
| 3888 | | - | Public Act No. 24-81 90 of 351 |
|---|
| 3889 | | - | |
|---|
| 3890 | | - | including, but not limited to, the state-administered federal |
|---|
| 3891 | | - | Supplemental Nutrition Assistance Program, state-administered federal |
|---|
| 3892 | | - | Low Income Home Energy Assistance Program, a Head Start program |
|---|
| 3893 | | - | established pursuant to section 10-16n or assistance provided by |
|---|
| 3894 | | - | Operation Fuel, Incorporated. Any such rebate or voucher awarded to a |
|---|
| 3895 | | - | resident of an environmental justice community shall be in an amount |
|---|
| 3896 | | - | [up to one] not less than two hundred per cent more than the standard |
|---|
| 3897 | | - | rebate level or voucher amount. An eligible municipality, business, |
|---|
| 3898 | | - | nonprofit organization or tribal entity may receive not more than ten |
|---|
| 3899 | | - | rebates or vouchers a year, within available funds, and not more than a |
|---|
| 3900 | | - | total of twenty rebates or vouchers, except the commissioner may issue |
|---|
| 3901 | | - | additional rebates or vouchers to an eligible business or nonprofit |
|---|
| 3902 | | - | organization that operates a fleet of motor vehicles exclusively in an |
|---|
| 3903 | | - | environmental justice community. On and after July 1, 2022, and until |
|---|
| 3904 | | - | June 30, 2027, inclusive, a battery electric vehicle, plug-in hybrid electric |
|---|
| 3905 | | - | vehicle or fuel cell electric vehicle that is eligible for a rebate or voucher |
|---|
| 3906 | | - | under the program shall have a base manufacturer's suggested retail |
|---|
| 3907 | | - | price of not more than fifty thousand dollars. |
|---|
| 3908 | | - | Sec. 55. Subsection (e) of section 22a-200c of the general statutes is |
|---|
| 3909 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 3910 | | - | passage): |
|---|
| 3911 | | - | (e) Beginning with the first auction occurring on or after January 1, |
|---|
| 3912 | | - | 2023, and notwithstanding the provisions of subsection (a) of this |
|---|
| 3913 | | - | section and subdivision (6) of subsection (f) of section 22a-174-31 of the |
|---|
| 3914 | | - | regulations of Connecticut state agencies, auction proceeds annually |
|---|
| 3915 | | - | calculated and allocated in accordance with subdivision (6) of |
|---|
| 3916 | | - | subsection (f) of section 22a-174-31 of the regulations of Connecticut |
|---|
| 3917 | | - | state agencies to the Connecticut Green Bank may be utilized by the |
|---|
| 3918 | | - | Connecticut Green Bank, in consultation with the Department of Energy |
|---|
| 3919 | | - | and Environmental Protection, for clean energy resources that do not |
|---|
| 3920 | | - | emit greenhouse gas emissions, provided that any proceeds calculated House Bill No. 5523 |
|---|
| 3921 | | - | |
|---|
| 3922 | | - | Public Act No. 24-81 91 of 351 |
|---|
| 3923 | | - | |
|---|
| 3924 | | - | and allocated to the Connecticut Green Bank in excess of five million |
|---|
| 3925 | | - | two hundred thousand dollars in any fiscal year shall be diverted for the |
|---|
| 3926 | | - | fiscal year ending June 30, 2024, and each fiscal year thereafter, to the |
|---|
| 3927 | | - | department to provide funding for the Connecticut [hydrogen and |
|---|
| 3928 | | - | electric automobile purchase rebate program account] Hydrogen and |
|---|
| 3929 | | - | Electric Automobile Purchase Rebate program established pursuant to |
|---|
| 3930 | | - | [subsection (h) of] section 22a-202 and other programs established to |
|---|
| 3931 | | - | support the department's engagement with environmental justice |
|---|
| 3932 | | - | communities. For the purposes of this subsection, "clean energy" has the |
|---|
| 3933 | | - | same meaning as provided in section 16-245n and "environmental |
|---|
| 3934 | | - | justice community" has the same meaning as provided in section 22a- |
|---|
| 3935 | | - | 20a. |
|---|
| 3936 | | - | Sec. 56. Subsection (b) of section 32-9p of the general statutes is |
|---|
| 3937 | | - | repealed and the following is substituted in lieu thereof (Effective October |
|---|
| 3938 | | - | 1, 2024): |
|---|
| 3939 | | - | (b) "Distressed municipality" means, as of the date of the issuance of |
|---|
| 3940 | | - | an eligibility certificate, any municipality in the state which, according |
|---|
| 3941 | | - | to the United States Department of Housing and Urban Development |
|---|
| 3942 | | - | meets the necessary number of quantitative physical and economic |
|---|
| 3943 | | - | distress thresholds which are then applicable for eligibility for the urban |
|---|
| 3944 | | - | development action grant program under the Housing and Community |
|---|
| 3945 | | - | Development Act of 1977, as amended, or any town within which is |
|---|
| 3946 | | - | located an unconsolidated city or borough which meets such distress |
|---|
| 3947 | | - | thresholds. Any municipality which, at any time subsequent to July 1, |
|---|
| 3948 | | - | 1978, has met such thresholds but which at any time thereafter fails to |
|---|
| 3949 | | - | meet such thresholds, according to said department, shall be deemed to |
|---|
| 3950 | | - | be a distressed municipality for a period of five years subsequent to the |
|---|
| 3951 | | - | date of the determination that such municipality fails to meet such |
|---|
| 3952 | | - | thresholds, [unless such] except that any municipality [elects] with a |
|---|
| 3953 | | - | population that was more than one hundred thousand as of the most |
|---|
| 3954 | | - | recent United States census at the time of such determination shall be House Bill No. 5523 |
|---|
| 3955 | | - | |
|---|
| 3956 | | - | Public Act No. 24-81 92 of 351 |
|---|
| 3957 | | - | |
|---|
| 3958 | | - | deemed to be a distressed municipality for a period of ten years |
|---|
| 3959 | | - | subsequent to the date of such determination. Any distressed |
|---|
| 3960 | | - | municipality that fails to meet the distress thresholds may elect to |
|---|
| 3961 | | - | terminate its designation as a distressed municipality, by vote of its |
|---|
| 3962 | | - | legislative body, not later than September 1, 1985, or not later than three |
|---|
| 3963 | | - | months after receiving notification from the commissioner that it no |
|---|
| 3964 | | - | longer meets such thresholds, whichever is later. In the event a |
|---|
| 3965 | | - | distressed municipality elects to terminate its designation, the |
|---|
| 3966 | | - | municipality shall notify the commissioner and the Secretary of the |
|---|
| 3967 | | - | Office of Policy and Management in writing within thirty days. In the |
|---|
| 3968 | | - | event that the commissioner determines that amendatory federal |
|---|
| 3969 | | - | legislation or administrative regulation has materially changed the |
|---|
| 3970 | | - | distress thresholds thereby established, "distressed municipality" means |
|---|
| 3971 | | - | any municipality in the state which meets comparable thresholds of |
|---|
| 3972 | | - | distress which are then applicable in the areas of high unemployment |
|---|
| 3973 | | - | and poverty, aging housing stock and low or declining rates of growth |
|---|
| 3974 | | - | in job creation, population and per capita income as established by the |
|---|
| 3975 | | - | commissioner, consistent with the purposes of subdivisions (59) and |
|---|
| 3976 | | - | (60) of section 12-81 and sections 12-217e, 32-9p to 32-9s, inclusive, and |
|---|
| 3977 | | - | 32-23p, in regulations adopted in accordance with chapter 54. For |
|---|
| 3978 | | - | purposes of sections 32-9p to 32-9s, inclusive, "distressed municipality" |
|---|
| 3979 | | - | also means any municipality adversely impacted by a major plant |
|---|
| 3980 | | - | closing, relocation or layoff, provided the eligibility of a municipality |
|---|
| 3981 | | - | shall not exceed two years from the date of such closing, relocation or |
|---|
| 3982 | | - | layoff. The Commissioner of Economic and Community Development |
|---|
| 3983 | | - | shall adopt regulations, in accordance with the provisions of chapter 54, |
|---|
| 3984 | | - | which define what constitutes a "major plant closing, relocation or |
|---|
| 3985 | | - | layoff" for purposes of sections 32-9p to 32-9s, inclusive. "Distressed |
|---|
| 3986 | | - | municipality" also means the portion of any municipality which is |
|---|
| 3987 | | - | eligible for designation as an enterprise zone pursuant to subdivision |
|---|
| 3988 | | - | (2) of subsection (b) of section 32-70. |
|---|
| 3989 | | - | Sec. 57. (NEW) (Effective October 1, 2024) A municipality may adopt House Bill No. 5523 |
|---|
| 3990 | | - | |
|---|
| 3991 | | - | Public Act No. 24-81 93 of 351 |
|---|
| 3992 | | - | |
|---|
| 3993 | | - | an ordinance requiring that each person who files an application to |
|---|
| 3994 | | - | renew a license pursuant to section 12-287 of the general statutes shall |
|---|
| 3995 | | - | simultaneously give written notice of such renewal application to the |
|---|
| 3996 | | - | chief law enforcement official, or such chief law enforcement official's |
|---|
| 3997 | | - | designee, of the town in which any place of business to be operated |
|---|
| 3998 | | - | under such license is located. Such chief law enforcement official, or |
|---|
| 3999 | | - | such chief law enforcement official's designee, may respond in writing, |
|---|
| 4000 | | - | not later than fifteen days after receipt of such notice, to the |
|---|
| 4001 | | - | Commissioner of Revenue Services, with comments regarding the |
|---|
| 4002 | | - | renewal application that is the subject of such notice. The commissioner |
|---|
| 4003 | | - | shall consider any written comments offered by such chief law |
|---|
| 4004 | | - | enforcement official, or such chief law enforcement official's designee, |
|---|
| 4005 | | - | prior to approving such application. |
|---|
| 4006 | | - | Sec. 58. (Effective October 1, 2024) Not later than January 1, 2026, the |
|---|
| 4007 | | - | Commissioner of Revenue Services shall submit a report, in accordance |
|---|
| 4008 | | - | with section 11-4a of the general statutes, to the joint standing |
|---|
| 4009 | | - | committees of the General Assembly having cognizance of matters |
|---|
| 4010 | | - | relating to planning and development, finance, revenue and bonding |
|---|
| 4011 | | - | and public safety and security. Such report shall include, but not be |
|---|
| 4012 | | - | limited to: (1) The number of written comments submitted by chief law |
|---|
| 4013 | | - | enforcement officials, or such chief law enforcement officials' designees, |
|---|
| 4014 | | - | under section 57 of this act, (2) copies of such written comments, if any, |
|---|
| 4015 | | - | (3) a summary of the actions taken by the Department of Revenue |
|---|
| 4016 | | - | Services regarding the granting or denial of a license renewal |
|---|
| 4017 | | - | application pursuant to section 12-287 of the general statutes for which |
|---|
| 4018 | | - | comments were received under section 57 of this act, and (4) the |
|---|
| 4019 | | - | commissioner's conclusions and recommendations, after consultation |
|---|
| 4020 | | - | with such chief law enforcement officials or such chief law enforcement |
|---|
| 4021 | | - | officials' designees, regarding the notice requirement contained in |
|---|
| 4022 | | - | section 57 of this act. |
|---|
| 4023 | | - | Sec. 59. Section 12-287 of the general statutes is repealed and the House Bill No. 5523 |
|---|
| 4024 | | - | |
|---|
| 4025 | | - | Public Act No. 24-81 94 of 351 |
|---|
| 4026 | | - | |
|---|
| 4027 | | - | following is substituted in lieu thereof (Effective October 1, 2024): |
|---|
| 4028 | | - | (a) Each person engaging in, or intending to engage in, the business |
|---|
| 4029 | | - | of selling cigarettes in this state as a dealer, and each person engaging |
|---|
| 4030 | | - | in or intending to engage in, the business of selling taxed tobacco |
|---|
| 4031 | | - | products at retail, shall secure a dealer's license from the Commissioner |
|---|
| 4032 | | - | of Revenue Services before engaging in such business or continuing to |
|---|
| 4033 | | - | engage therein. The department shall not issue an initial license to an |
|---|
| 4034 | | - | applicant until such applicant has complied with the provisions of |
|---|
| 4035 | | - | subsection (b) of this section. Subject to the provisions of section 12-286, |
|---|
| 4036 | | - | such license shall be renewable annually, provided that prior to renewal |
|---|
| 4037 | | - | the commissioner shall consider any comments received pursuant to |
|---|
| 4038 | | - | section 57 of this act. |
|---|
| 4039 | | - | (b) (1) Upon filing an application, an applicant shall, in a form and |
|---|
| 4040 | | - | manner prescribed by the department, give notice of such application to |
|---|
| 4041 | | - | the clerk of the municipality where the business is to be located. Such |
|---|
| 4042 | | - | notice shall contain the name and residential address of the applicant |
|---|
| 4043 | | - | and the location of the place of business for which such license is to be |
|---|
| 4044 | | - | issued. Upon receipt of such notice, the clerk shall post and maintain |
|---|
| 4045 | | - | such notice on the Internet web site of the municipality for at least two |
|---|
| 4046 | | - | weeks. |
|---|
| 4047 | | - | (2) Not later than the day following the date an applicant provides |
|---|
| 4048 | | - | notice pursuant to subdivision (1) of this subsection, the applicant shall |
|---|
| 4049 | | - | affix a copy of such notice, which shall be maintained in a legible |
|---|
| 4050 | | - | condition, upon the outer door of the building wherein such place of |
|---|
| 4051 | | - | business is to be located. If an application is filed for a license for a |
|---|
| 4052 | | - | building that has not yet been constructed, the applicant shall, not later |
|---|
| 4053 | | - | than the day following the date an applicant provides notice pursuant |
|---|
| 4054 | | - | to subdivision (1) of this subsection, erect and maintain in a legible |
|---|
| 4055 | | - | condition on the site where the business is to be located, a sign that (A) |
|---|
| 4056 | | - | is not less than six feet by four feet, (B) contains the license applied for |
|---|
| 4057 | | - | and the name of the proposed licensee, and (C) is clearly visible from House Bill No. 5523 |
|---|
| 4058 | | - | |
|---|
| 4059 | | - | Public Act No. 24-81 95 of 351 |
|---|
| 4060 | | - | |
|---|
| 4061 | | - | the public highway. |
|---|
| 4062 | | - | (3) An applicant shall make a return to the department, under oath, |
|---|
| 4063 | | - | of compliance with the requirements of subdivisions (1) and (2) of this |
|---|
| 4064 | | - | subsection, in such form as the department may require. The |
|---|
| 4065 | | - | department may require additional proof of compliance. Upon receipt |
|---|
| 4066 | | - | of sufficient evidence of such compliance, the department may hold a |
|---|
| 4067 | | - | hearing as to the suitability of the proposed location. |
|---|
| 4068 | | - | (c) (1) Any ten persons who are at least eighteen years of age and who |
|---|
| 4069 | | - | are residents of the town in which the place of business is intended to |
|---|
| 4070 | | - | be operated under the license or renewal applied for, may file with the |
|---|
| 4071 | | - | department, not later than three weeks after the last date of the posting |
|---|
| 4072 | | - | of notice pursuant to subdivision (1) of subsection (b) of this section for |
|---|
| 4073 | | - | an initial license, and, in the case of renewal of an existing license, at |
|---|
| 4074 | | - | least twenty-one days before the renewal date of such license, a |
|---|
| 4075 | | - | remonstrance containing any objection to the suitability of such |
|---|
| 4076 | | - | applicant or proposed place of business, provided any such issue is not |
|---|
| 4077 | | - | controlled by local zoning. Upon the filing of such remonstrance, the |
|---|
| 4078 | | - | department, upon written application, shall hold a hearing and provide |
|---|
| 4079 | | - | such notice as it deems reasonable of the time and place at least five days |
|---|
| 4080 | | - | before such hearing. The remonstrants shall designate one or more |
|---|
| 4081 | | - | agents for service, who shall serve as the recipient or recipients of all |
|---|
| 4082 | | - | notices issued by the department. At any time prior to the issuance of a |
|---|
| 4083 | | - | decision by the department, a remonstrance may be withdrawn by the |
|---|
| 4084 | | - | remonstrants or by such agent or agents acting on behalf of such |
|---|
| 4085 | | - | remonstrants and the department may cancel the hearing or withdraw |
|---|
| 4086 | | - | the case. The decision of the department on such application shall be |
|---|
| 4087 | | - | final with respect to the remonstrance. |
|---|
| 4088 | | - | (2) Any ten persons who have filed a remonstrance pursuant to the |
|---|
| 4089 | | - | provisions of subdivision (1) of this subsection and who are aggrieved |
|---|
| 4090 | | - | by the granting of a license by the department may appeal therefrom in |
|---|
| 4091 | | - | accordance with section 4-183. House Bill No. 5523 |
|---|
| 4092 | | - | |
|---|
| 4093 | | - | Public Act No. 24-81 96 of 351 |
|---|
| 4094 | | - | |
|---|
| 4095 | | - | (d) The annual fee for a dealer's license shall be two hundred dollars. |
|---|
| 4096 | | - | Such license shall be valid for a period beginning with the date of license |
|---|
| 4097 | | - | to the thirtieth day of September next succeeding the date of license |
|---|
| 4098 | | - | unless sooner revoked as provided in section 12-295, or unless the |
|---|
| 4099 | | - | person to whom it was issued discontinues business, in either of which |
|---|
| 4100 | | - | cases the holder of the license shall immediately return it to the |
|---|
| 4101 | | - | commissioner. In the event of mutilation or destruction of such license, |
|---|
| 4102 | | - | a duplicate copy, marked as such, shall be issued by said commissioner |
|---|
| 4103 | | - | upon an application accompanied by a fee of fifteen dollars. |
|---|
| 4104 | | - | Sec. 60. (Effective from passage) On and after January 1, 2026, the |
|---|
| 4105 | | - | detention center located on Union Avenue in New Haven shall be under |
|---|
| 4106 | | - | the jurisdiction of a state agency as determined by the Secretary of the |
|---|
| 4107 | | - | Office of Policy and Management. |
|---|
| 4108 | | - | Sec. 61. (NEW) (Effective from passage) (a) As used in this section, "local |
|---|
| 4109 | | - | educational agency" or "LEA" has the same meaning as provided in 20 |
|---|
| 4110 | | - | USC 1401, as amended from time to time. |
|---|
| 4111 | | - | (b) To the extent permissible under federal law, and subject to federal |
|---|
| 4112 | | - | approval and within available funding specifically appropriated for this |
|---|
| 4113 | | - | purpose, the Commissioner of Social Services, in consultation with the |
|---|
| 4114 | | - | Commissioner of Education, shall seek federal approval to amend the |
|---|
| 4115 | | - | Medicaid state plan to expand Medicaid coverage for health services |
|---|
| 4116 | | - | provided by or on behalf of a local educational agency to any student |
|---|
| 4117 | | - | who is enrolled in Medicaid regardless of whether such student |
|---|
| 4118 | | - | qualifies for services under Part B of the Individuals with Disabilities |
|---|
| 4119 | | - | Education Act, 20 USC 1400 et seq., or section 504 of the Rehabilitation |
|---|
| 4120 | | - | Act, as each is amended from time to time. The commissioner shall |
|---|
| 4121 | | - | submit such Medicaid state plan amendment not later than October 1, |
|---|
| 4122 | | - | 2025. |
|---|
| 4123 | | - | (c) To the extent permissible under federal law, and subject to federal |
|---|
| 4124 | | - | approval and within available appropriations, a local educational House Bill No. 5523 |
|---|
| 4125 | | - | |
|---|
| 4126 | | - | Public Act No. 24-81 97 of 351 |
|---|
| 4127 | | - | |
|---|
| 4128 | | - | agency shall be authorized by the Commissioner of Social Services to |
|---|
| 4129 | | - | submit Medicaid claims for each student who is eligible for Medicaid |
|---|
| 4130 | | - | and is receiving Medicaid-covered school-based services unless such |
|---|
| 4131 | | - | student's parent or legal guardian opts out of authorizing the local |
|---|
| 4132 | | - | educational agency from billing Medicaid for services provided for the |
|---|
| 4133 | | - | student. |
|---|
| 4134 | | - | (d) The Commissioner of Social Services, in consultation with the |
|---|
| 4135 | | - | Commissioner of Education, shall issue written guidance regarding |
|---|
| 4136 | | - | health care services eligible for Medicaid reimbursement to be |
|---|
| 4137 | | - | disseminated to each local or regional board of education. |
|---|
| 4138 | | - | (e) Not later than January first annually, the Commissioner of Social |
|---|
| 4139 | | - | Services, in consultation with the Commissioner of Education, shall file |
|---|
| 4140 | | - | a report, in accordance with the provisions of section 11-4a of the general |
|---|
| 4141 | | - | statutes, on Medicaid reimbursement for school-based health care |
|---|
| 4142 | | - | services with the joint standing committees of the General Assembly |
|---|
| 4143 | | - | having cognizance of matters relating to appropriations, children, |
|---|
| 4144 | | - | education and human services. The report shall include |
|---|
| 4145 | | - | recommendations on expanding Medicaid health care services provided |
|---|
| 4146 | | - | in schools. |
|---|
| 4147 | | - | Sec. 62. (NEW) (Effective July 1, 2024) To the extent permissible under |
|---|
| 4148 | | - | federal law, and subject to federal approval and within available |
|---|
| 4149 | | - | funding specifically appropriated for this purpose, the Commissioner of |
|---|
| 4150 | | - | Social Services shall amend the Medicaid state plan to provide Medicaid |
|---|
| 4151 | | - | coverage for health care services provided to an eligible student |
|---|
| 4152 | | - | enrolled in Medicaid in the office of a school nurse. The amendment |
|---|
| 4153 | | - | may be part of the Medicaid state plan amendment submitted pursuant |
|---|
| 4154 | | - | to section 61 of this act. |
|---|
| 4155 | | - | Sec. 63. (NEW) (Effective from passage) (a) There is established an |
|---|
| 4156 | | - | interagency coalition to coordinate and make recommendations |
|---|
| 4157 | | - | concerning maximizing federal funding for Medicaid-eligible health House Bill No. 5523 |
|---|
| 4158 | | - | |
|---|
| 4159 | | - | Public Act No. 24-81 98 of 351 |
|---|
| 4160 | | - | |
|---|
| 4161 | | - | care services in public schools in the state. |
|---|
| 4162 | | - | (b) The coalition shall convene not later than sixty days after the |
|---|
| 4163 | | - | effective date of this section and shall meet at least quarterly. The |
|---|
| 4164 | | - | coalition shall consist of: |
|---|
| 4165 | | - | (1) The Commissioner of Education, or the commissioner's designee; |
|---|
| 4166 | | - | (2) The Commissioner of Social Services, or the commissioner's |
|---|
| 4167 | | - | designee; and |
|---|
| 4168 | | - | (3) The Secretary of the Office of Policy and Management, or the |
|---|
| 4169 | | - | secretary's designee. |
|---|
| 4170 | | - | (c) Not later than January first annually, the coalition shall file a |
|---|
| 4171 | | - | report, in accordance with the provisions of section 11-4a of the general |
|---|
| 4172 | | - | statutes, with the joint standing committees of the General Assembly |
|---|
| 4173 | | - | having cognizance of matters relating to appropriations, children, |
|---|
| 4174 | | - | education and human services. The report shall include, but need not be |
|---|
| 4175 | | - | limited to: (1) The number of school children receiving Medicaid- |
|---|
| 4176 | | - | covered health care services in the prior school year and any increase or |
|---|
| 4177 | | - | decrease in the percentage of such students per total student enrollment; |
|---|
| 4178 | | - | (2) steps taken to expand Medicaid coverage of student health care |
|---|
| 4179 | | - | services, including, but not limited to, any Medicaid waivers or state |
|---|
| 4180 | | - | plan amendments; and (3) a survey of efforts in other states to expand |
|---|
| 4181 | | - | Medicaid-covered health care services for students. |
|---|
| 4182 | | - | Sec. 64. Section 17b-597 of the general statutes is repealed and the |
|---|
| 4183 | | - | following is substituted in lieu thereof (Effective April 1, 2025): |
|---|
| 4184 | | - | (a) The Department of Social Services shall establish and implement |
|---|
| 4185 | | - | a working persons with disabilities program to provide medical |
|---|
| 4186 | | - | assistance as authorized under 42 USC 1396a(a)(10)(A)(ii), as amended |
|---|
| 4187 | | - | from time to time, to persons who are disabled and regularly employed. House Bill No. 5523 |
|---|
| 4188 | | - | |
|---|
| 4189 | | - | Public Act No. 24-81 99 of 351 |
|---|
| 4190 | | - | |
|---|
| 4191 | | - | (b) The Commissioner of Social Services shall amend the Medicaid |
|---|
| 4192 | | - | state plan to allow persons specified in subsection (a) of this section to |
|---|
| 4193 | | - | qualify for medical assistance. The amendment shall include the |
|---|
| 4194 | | - | following requirements: (1) That the person be engaged in a substantial |
|---|
| 4195 | | - | and reasonable work effort as determined by the commissioner and as |
|---|
| 4196 | | - | permitted by federal law and have an annual adjusted gross income, as |
|---|
| 4197 | | - | defined in Section 62 of the Internal Revenue Code of 1986, or any |
|---|
| 4198 | | - | subsequent corresponding internal revenue code of the United States, |
|---|
| 4199 | | - | as amended from time to time, of [no] not more than [seventy-five] |
|---|
| 4200 | | - | eighty-five thousand dollars per year; (2) a disregard of all countable |
|---|
| 4201 | | - | income up to two hundred per cent of the federal poverty level; (3) for |
|---|
| 4202 | | - | an unmarried person, an asset limit of [ten] twenty thousand dollars, |
|---|
| 4203 | | - | and for a married couple, an asset limit of [fifteen] thirty thousand |
|---|
| 4204 | | - | dollars; (4) a disregard of any retirement and medical savings accounts |
|---|
| 4205 | | - | established pursuant to 26 USC 220 and held by either the person or the |
|---|
| 4206 | | - | person's spouse; (5) a disregard of any moneys in accounts designated |
|---|
| 4207 | | - | by the person or the person's spouse for the purpose of purchasing |
|---|
| 4208 | | - | goods or services that will increase the employability of such person, |
|---|
| 4209 | | - | subject to approval by the commissioner; (6) a disregard of spousal |
|---|
| 4210 | | - | income solely for purposes of determination of eligibility; and (7) a |
|---|
| 4211 | | - | contribution of any countable income of the person or the person's |
|---|
| 4212 | | - | spouse which exceeds two hundred per cent of the federal poverty level, |
|---|
| 4213 | | - | as adjusted for the appropriate family size, equal to ten per cent of the |
|---|
| 4214 | | - | excess minus any premiums paid from income for health insurance by |
|---|
| 4215 | | - | any family member, but which does not exceed the maximum |
|---|
| 4216 | | - | contribution allowable under Section 201(a)(3) of Public Law 106-170, as |
|---|
| 4217 | | - | amended from time to time. |
|---|
| 4218 | | - | (c) Notwithstanding the provisions of subsection (b) of this section, |
|---|
| 4219 | | - | on and after July 1, 2026, the commissioner shall phase in the elimination |
|---|
| 4220 | | - | of income and asset limits for a participant in the program over four |
|---|
| 4221 | | - | fiscal years by annually increasing (1) the income limit prescribed in |
|---|
| 4222 | | - | subdivision (1) of subsection (b) of this section by ten thousand dollars, House Bill No. 5523 |
|---|
| 4223 | | - | |
|---|
| 4224 | | - | Public Act No. 24-81 100 of 351 |
|---|
| 4225 | | - | |
|---|
| 4226 | | - | and (2) the asset limit prescribed in subdivision (3) of subsection (b) of |
|---|
| 4227 | | - | this section by ten thousand dollars for an unmarried person and fifteen |
|---|
| 4228 | | - | thousand dollars for a married couple. On and after July 1, 2029, there |
|---|
| 4229 | | - | shall be no income or asset limit for eligibility for the program. |
|---|
| 4230 | | - | [(c)] (d) The Commissioner of Social Services shall implement the |
|---|
| 4231 | | - | policies and procedures necessary to carry out the provisions of this |
|---|
| 4232 | | - | section while in the process of adopting such policies and procedures in |
|---|
| 4233 | | - | regulation form, provided notice of intent to adopt the regulations is |
|---|
| 4234 | | - | [published in the Connecticut Law Journal within twenty days after |
|---|
| 4235 | | - | implementation] posted on the eRegulations System in accordance with |
|---|
| 4236 | | - | section 17b-10. The commissioner shall define "countable income" for |
|---|
| 4237 | | - | purposes of subsection (b) of this section which shall take into account |
|---|
| 4238 | | - | impairment-related work expenses as defined in the Social Security Act. |
|---|
| 4239 | | - | Such policies and procedures shall be valid until the time final |
|---|
| 4240 | | - | regulations are effective. |
|---|
| 4241 | | - | Sec. 65. (NEW) (Effective July 1, 2024) (a) There is established a Bureau |
|---|
| 4242 | | - | of Services for Persons Who Are Deaf, Deafblind or Hard of Hearing |
|---|
| 4243 | | - | which shall be within the Department of Aging and Disability Services. |
|---|
| 4244 | | - | (b) The Commissioner of Aging and Disability Services, in |
|---|
| 4245 | | - | consultation with the Advisory Board for Persons who are Deaf, |
|---|
| 4246 | | - | Deafblind or Hard of Hearing established pursuant to section 17a-836 of |
|---|
| 4247 | | - | the general statutes shall, not later than October 1, 2024, hire a director |
|---|
| 4248 | | - | of the bureau. The director shall (1) have professional experience in |
|---|
| 4249 | | - | serving the needs of deaf, deafblind or hard of hearing persons, and (2) |
|---|
| 4250 | | - | be (A) able to communicate in American Sign Language, and (B) familiar |
|---|
| 4251 | | - | with effective interpretation methods to assist deafblind persons. The |
|---|
| 4252 | | - | commissioner shall also hire an administrative assistant for the director. |
|---|
| 4253 | | - | (c) The director shall report to the commissioner. The director's duties |
|---|
| 4254 | | - | shall include, but need not be limited to: House Bill No. 5523 |
|---|
| 4255 | | - | |
|---|
| 4256 | | - | Public Act No. 24-81 101 of 351 |
|---|
| 4257 | | - | |
|---|
| 4258 | | - | (1) Assisting in overseeing department employees who provide |
|---|
| 4259 | | - | counseling, interpreting and other assistance to persons who are deaf, |
|---|
| 4260 | | - | deafblind or hard of hearing, except for federally funded vocational |
|---|
| 4261 | | - | rehabilitation employees; |
|---|
| 4262 | | - | (2) Annually updating and publishing on the department's Internet |
|---|
| 4263 | | - | web site and the Internet web page of the bureau established pursuant |
|---|
| 4264 | | - | to subdivision (6) of this subsection a resource guide for persons who |
|---|
| 4265 | | - | are deaf, deafblind or hard of hearing; |
|---|
| 4266 | | - | (3) Assisting in the registration of state-registered interpreters, |
|---|
| 4267 | | - | including maintaining and publishing on the Internet web page of the |
|---|
| 4268 | | - | bureau and the department's Internet web site a list of such interpreters |
|---|
| 4269 | | - | categorized by the settings in which they are qualified to interpret, in |
|---|
| 4270 | | - | accordance with section 17a-838 of the general statutes; |
|---|
| 4271 | | - | (4) Assisting each state agency, as defined in section 1-79 of the |
|---|
| 4272 | | - | general statutes, in appointing an employee of each such agency to serve |
|---|
| 4273 | | - | as a point of contact for concerns related to persons who are deaf, |
|---|
| 4274 | | - | deafblind or hard of hearing, pursuant to section 68 of this act, and |
|---|
| 4275 | | - | coordinating efforts to resolve such concerns with such employees |
|---|
| 4276 | | - | serving as a point of contact; |
|---|
| 4277 | | - | (5) Coordinating efforts of the Department of Aging and Disability |
|---|
| 4278 | | - | Services to provide information and referral services to deaf, deafblind |
|---|
| 4279 | | - | or hard of hearing persons on resources available to such persons; |
|---|
| 4280 | | - | (6) Establishing a separate Internet web page on the department's |
|---|
| 4281 | | - | Internet web site for the bureau and including on such web page (A) the |
|---|
| 4282 | | - | meeting schedule, agendas, minutes and other resources of the |
|---|
| 4283 | | - | Advisory Board for Persons Who are Deaf, Deafblind or Hard of |
|---|
| 4284 | | - | Hearing established pursuant to section 17a-836 of the general statutes, |
|---|
| 4285 | | - | (B) an instructional video with audio and captions on the home page on |
|---|
| 4286 | | - | how persons who are deaf, deafblind or hard of hearing can navigate House Bill No. 5523 |
|---|
| 4287 | | - | |
|---|
| 4288 | | - | Public Act No. 24-81 102 of 351 |
|---|
| 4289 | | - | |
|---|
| 4290 | | - | the web page, resources and tools, and (C) other material pursuant to |
|---|
| 4291 | | - | this section; |
|---|
| 4292 | | - | (7) Coordinating responses to consumer concerns, requests for |
|---|
| 4293 | | - | assistance and referrals to resources, including from state agencies; |
|---|
| 4294 | | - | (8) Coordinating education and training initiatives, including, but not |
|---|
| 4295 | | - | limited to, working with (A) local and state public safety and public |
|---|
| 4296 | | - | health officials and first responders on best practices for serving and |
|---|
| 4297 | | - | communicating with deaf, deafblind or hard of hearing persons, and (B) |
|---|
| 4298 | | - | sign language interpreters, oral interpreters and interpreters who are |
|---|
| 4299 | | - | trained to interpret for deaf, deafblind or hard of hearing persons to |
|---|
| 4300 | | - | maintain or enhance the skills of such interpreters in a variety of |
|---|
| 4301 | | - | settings; |
|---|
| 4302 | | - | (9) Collaborating with interpreting services providers and training |
|---|
| 4303 | | - | organizations to increase opportunities for mentorships, internships, |
|---|
| 4304 | | - | apprenticeships and specialized training in interpreting services for |
|---|
| 4305 | | - | deaf, deafblind or hard of hearing persons; |
|---|
| 4306 | | - | (10) Partnering with civic and community organizations serving deaf, |
|---|
| 4307 | | - | deafblind or hard of hearing persons on workshops and information |
|---|
| 4308 | | - | sessions regarding new laws, regulations or developments regarding |
|---|
| 4309 | | - | services, programs or health care needs of such persons; |
|---|
| 4310 | | - | (11) Raising public awareness of programs and services available to |
|---|
| 4311 | | - | deaf, deafblind or hard of hearing persons; |
|---|
| 4312 | | - | (12) Assisting the Public Utilities Regulatory Authority in |
|---|
| 4313 | | - | implementing telecommunication relay service programs for deaf, |
|---|
| 4314 | | - | deafblind or hard of hearing persons. In awarding any contract for such |
|---|
| 4315 | | - | relay service programs, the authority shall consult with the |
|---|
| 4316 | | - | Commissioner of Aging and Disability Services and the director of the |
|---|
| 4317 | | - | bureau; House Bill No. 5523 |
|---|
| 4318 | | - | |
|---|
| 4319 | | - | Public Act No. 24-81 103 of 351 |
|---|
| 4320 | | - | |
|---|
| 4321 | | - | (13) Working with the Governor and Connecticut television stations |
|---|
| 4322 | | - | on ways to make television broadcasts more accessible to persons who |
|---|
| 4323 | | - | are deaf, deafblind or hard of hearing; and |
|---|
| 4324 | | - | (14) In consultation with the Advisory Board for Persons who are |
|---|
| 4325 | | - | Deaf, Deafblind or Hard of Hearing established pursuant to section 17a- |
|---|
| 4326 | | - | 836 of the general statutes identifying the needs of deaf, deafblind or |
|---|
| 4327 | | - | hard of hearing persons and addressing policy changes that may be |
|---|
| 4328 | | - | necessary to better serve such persons. |
|---|
| 4329 | | - | Sec. 66. Section 17a-836 of the general statutes is repealed and the |
|---|
| 4330 | | - | following is substituted in lieu thereof (Effective October 1, 2024): |
|---|
| 4331 | | - | The Advisory Board for Persons Who are Deaf, Deafblind or Hard of |
|---|
| 4332 | | - | Hearing [or Deafblind] is hereby created to advocate, strengthen and |
|---|
| 4333 | | - | advise the Governor and the General Assembly concerning state policies |
|---|
| 4334 | | - | affecting persons who are deaf, deafblind or hard of hearing [or |
|---|
| 4335 | | - | deafblind] and their relationship to the public, industry, health care and |
|---|
| 4336 | | - | educational opportunity. The board shall: |
|---|
| 4337 | | - | (1) Monitor services for persons who are deaf, deafblind or hard of |
|---|
| 4338 | | - | hearing; [or deafblind;] |
|---|
| 4339 | | - | (2) [Periodically meet with the] Establish an annual leadership |
|---|
| 4340 | | - | roundtable meeting with the Board of Regents for Higher Education, the |
|---|
| 4341 | | - | Commissioners of Aging and Disability Services, Public Health, Social |
|---|
| 4342 | | - | Services, Mental Health and Addiction Services, Education, |
|---|
| 4343 | | - | Developmental Services, [and] Children and Families, Early Childhood, |
|---|
| 4344 | | - | Economic and Community Development, Emergency Services and |
|---|
| 4345 | | - | Public Protection, Correction, Housing and the Labor Commissioner |
|---|
| 4346 | | - | and executive director of the Office of Higher Education, or [the |
|---|
| 4347 | | - | commissioners'] their designees, to discuss best practices [and] to serve |
|---|
| 4348 | | - | persons who are deaf, deafblind or hard of hearing, identify gaps in such |
|---|
| 4349 | | - | services [for persons who are deaf, hard of hearing or deafblind] and House Bill No. 5523 |
|---|
| 4350 | | - | |
|---|
| 4351 | | - | Public Act No. 24-81 104 of 351 |
|---|
| 4352 | | - | |
|---|
| 4353 | | - | make recommendations to rectify such gaps; |
|---|
| 4354 | | - | (3) Refer persons with complaints concerning the qualification and |
|---|
| 4355 | | - | registration of interpreters for persons who are deaf, deafblind or hard |
|---|
| 4356 | | - | of hearing [or deafblind] to the entity designated pursuant to section |
|---|
| 4357 | | - | 46a-10b; |
|---|
| 4358 | | - | (4) Make recommendations for (A) technical assistance and resources |
|---|
| 4359 | | - | for state agencies in order to serve persons who are deaf, deafblind or |
|---|
| 4360 | | - | hard of hearing; [or deafblind;] (B) public policy and legislative changes |
|---|
| 4361 | | - | needed to address gaps in services; and (C) the qualifications and |
|---|
| 4362 | | - | registration of interpreters pursuant to section 17a-838. The advisory |
|---|
| 4363 | | - | board shall submit [such recommendations] a report on such |
|---|
| 4364 | | - | recommendations and the activities of the Bureau of Services for |
|---|
| 4365 | | - | Persons Who Are Deaf, Deafblind or Hard of Hearing in the previous |
|---|
| 4366 | | - | calendar year, in accordance with section 11-4a, not later than January |
|---|
| 4367 | | - | 1, 2025, and annually thereafter, to the Governor and the joint standing |
|---|
| 4368 | | - | [committee] committees of the General Assembly having cognizance of |
|---|
| 4369 | | - | matters relating to appropriations, aging, commerce, education, higher |
|---|
| 4370 | | - | education, housing, human services, the judiciary, labor, public health |
|---|
| 4371 | | - | and public safety. |
|---|
| 4372 | | - | Sec. 67. Section 17a-836a of the general statutes is repealed and the |
|---|
| 4373 | | - | following is substituted in lieu thereof (Effective October 1, 2024): |
|---|
| 4374 | | - | (a) The Advisory Board for Persons Who are Deaf, Deafblind or Hard |
|---|
| 4375 | | - | of Hearing [or Deafblind] shall consist of the following members: (1) The |
|---|
| 4376 | | - | consultant appointed by the State Board of Education in accordance |
|---|
| 4377 | | - | with section 10-316a, or the consultant's designee; (2) the president of |
|---|
| 4378 | | - | the Connecticut Council of Organizations Serving the Deaf, or the |
|---|
| 4379 | | - | president's designee; (3) the president of the Connecticut Association of |
|---|
| 4380 | | - | the Deaf, or the president's designee; (4) the president of the Connecticut |
|---|
| 4381 | | - | Registry of Interpreters for the Deaf, or the president's designee; (5) the |
|---|
| 4382 | | - | [Commissioner of Aging and Disability Services, or the commissioner's] House Bill No. 5523 |
|---|
| 4383 | | - | |
|---|
| 4384 | | - | Public Act No. 24-81 105 of 351 |
|---|
| 4385 | | - | |
|---|
| 4386 | | - | president of Hear Here Hartford, the Connecticut chapter of the Hearing |
|---|
| 4387 | | - | Loss Association of America, or the president's designee; (6) the |
|---|
| 4388 | | - | executive director of the American School for the Deaf, or the executive |
|---|
| 4389 | | - | director's designee; (7) [the director of the Connecticut Chapter of We |
|---|
| 4390 | | - | the Deaf People; and (8)] a representative of an organization |
|---|
| 4391 | | - | representing Connecticut hospitals, appointed by the speaker of the |
|---|
| 4392 | | - | House of Representatives; and (8) eight members appointed by the |
|---|
| 4393 | | - | Governor as follows: (A) A person who is deaf; (B) a person who is hard |
|---|
| 4394 | | - | of hearing; (C) a person who is deafblind; (D) an interpreting |
|---|
| 4395 | | - | professional who serves deaf, deafblind or hard of hearing [or |
|---|
| 4396 | | - | deafblind] persons; (E) a healthcare professional who works with |
|---|
| 4397 | | - | persons who are deaf, deafblind or hard of hearing; [or deafblind;] (F) a |
|---|
| 4398 | | - | parent of a student in a predominantly oral education program; (G) an |
|---|
| 4399 | | - | educator who works with children who are deaf, deafblind or hard of |
|---|
| 4400 | | - | hearing; [or deafblind;] and (H) a parent of a student at the American |
|---|
| 4401 | | - | School for the Deaf. The members of the advisory board shall elect two |
|---|
| 4402 | | - | chairpersons of the advisory board from among the members of the |
|---|
| 4403 | | - | advisory board. On and after October 1, 2024, the director of the Bureau |
|---|
| 4404 | | - | of Services for Persons Who Are Deaf, Deafblind or Hard of Hearing |
|---|
| 4405 | | - | shall serve as administrator of the advisory board. |
|---|
| 4406 | | - | (b) The advisory board shall meet at least quarterly or more often at |
|---|
| 4407 | | - | the call of the chairpersons or a majority of the members. A majority of |
|---|
| 4408 | | - | members in office but not less than nine voting members shall constitute |
|---|
| 4409 | | - | a quorum. |
|---|
| 4410 | | - | (c) Any appointed member who fails to attend three consecutive |
|---|
| 4411 | | - | meetings or who fails to attend fifty per cent of all meetings held during |
|---|
| 4412 | | - | any calendar year shall be deemed to have resigned. Vacancies |
|---|
| 4413 | | - | occurring otherwise than by expiration of term in the membership of the |
|---|
| 4414 | | - | advisory board shall be filled by the Governor or the appointing |
|---|
| 4415 | | - | authority, as the case may be. |
|---|
| 4416 | | - | Sec. 68. (NEW) (Effective October 1, 2024) (a) As used in this section, House Bill No. 5523 |
|---|
| 4417 | | - | |
|---|
| 4418 | | - | Public Act No. 24-81 106 of 351 |
|---|
| 4419 | | - | |
|---|
| 4420 | | - | "state agency" has the same meaning as provided in section 1-79 of the |
|---|
| 4421 | | - | general statutes. |
|---|
| 4422 | | - | (b) Each state agency shall appoint an employee to serve as a point of |
|---|
| 4423 | | - | contact for concerns related to persons who are deaf, deafblind or hard |
|---|
| 4424 | | - | of hearing and require such employee to collaborate with the director of |
|---|
| 4425 | | - | the Bureau of Services for Persons Who Are Deaf, Deafblind or Hard of |
|---|
| 4426 | | - | Hearing, hired pursuant to section 65 of this act, to resolve such |
|---|
| 4427 | | - | concerns. Each state agency shall identify the name and contact |
|---|
| 4428 | | - | information of such employee in a prominent place on such agency's |
|---|
| 4429 | | - | Internet web site. |
|---|
| 4430 | | - | Sec. 69. Subsection (a) of section 4-61aa of the general statutes is |
|---|
| 4431 | | - | repealed and the following is substituted in lieu thereof (Effective October |
|---|
| 4432 | | - | 1, 2024): |
|---|
| 4433 | | - | (a) For purposes of this section, "state Americans with Disabilities Act |
|---|
| 4434 | | - | coordinator" means the person appointed by the Governor to coordinate |
|---|
| 4435 | | - | state compliance with the federal Americans with Disabilities Act of |
|---|
| 4436 | | - | 1990. There is established a committee to advise the state Americans |
|---|
| 4437 | | - | with Disabilities Act coordinator. The state Americans with Disabilities |
|---|
| 4438 | | - | Act coordinator shall appoint the members of the committee, which |
|---|
| 4439 | | - | shall be chaired by said coordinator, or his designee, and include at least |
|---|
| 4440 | | - | one representative of each of the following: |
|---|
| 4441 | | - | (1) The Board of Education and Services to the Blind; |
|---|
| 4442 | | - | (2) The Advisory Board for Persons Who are Deaf, Deafblind or Hard |
|---|
| 4443 | | - | of Hearing; [or Deafblind;] |
|---|
| 4444 | | - | (3) The Department of Aging and Disability Services; |
|---|
| 4445 | | - | (4) The Department of Mental Health and Addiction Services; |
|---|
| 4446 | | - | (5) The Department of Developmental Services; House Bill No. 5523 |
|---|
| 4447 | | - | |
|---|
| 4448 | | - | Public Act No. 24-81 107 of 351 |
|---|
| 4449 | | - | |
|---|
| 4450 | | - | (6) The Labor Department; |
|---|
| 4451 | | - | (7) The Department of Administrative Services; and |
|---|
| 4452 | | - | (8) The Commission on Human Rights and Opportunities. |
|---|
| 4453 | | - | Sec. 70. Section 17a-780 of the general statutes is repealed and the |
|---|
| 4454 | | - | following is substituted in lieu thereof (Effective October 1, 2024): |
|---|
| 4455 | | - | (a) There is created a Department of Aging and Disability Services. |
|---|
| 4456 | | - | The Department of Aging and Disability Services shall be responsible |
|---|
| 4457 | | - | for providing the following: (1) Services to persons who are deaf, |
|---|
| 4458 | | - | deafblind or hard of hearing; (2) services for persons who are blind or |
|---|
| 4459 | | - | visually impaired; (3) rehabilitation services in accordance with the |
|---|
| 4460 | | - | provisions of the general statutes concerning the Department of Aging |
|---|
| 4461 | | - | and Disability Services; and (4) services for older persons and their |
|---|
| 4462 | | - | families. The Department of Aging and Disability Services shall |
|---|
| 4463 | | - | constitute a successor authority to the Department of Rehabilitation |
|---|
| 4464 | | - | Services in accordance with the provisions of sections 4-38d, 4-38e and |
|---|
| 4465 | | - | 4-39. |
|---|
| 4466 | | - | (b) The department head shall be the Commissioner of Aging and |
|---|
| 4467 | | - | Disability Services, who shall be appointed by the Governor in |
|---|
| 4468 | | - | accordance with the provisions of sections 4-5 to 4-8, inclusive, and shall |
|---|
| 4469 | | - | have the powers and duties described in said sections. The |
|---|
| 4470 | | - | Commissioner of Aging and Disability Services shall appoint such |
|---|
| 4471 | | - | persons as may be necessary to administer the provisions of public act |
|---|
| 4472 | | - | 11-44 and the Commissioner of Administrative Services shall fix the |
|---|
| 4473 | | - | compensation of such persons in accordance with the provisions of |
|---|
| 4474 | | - | section 4-40. The Commissioner of Aging and Disability Services may |
|---|
| 4475 | | - | create such sections within the Department of Aging and Disability |
|---|
| 4476 | | - | Services as will facilitate such administration, including a disability |
|---|
| 4477 | | - | determinations section for which one hundred per cent federal funds |
|---|
| 4478 | | - | may be accepted for the operation of such section in conformity with House Bill No. 5523 |
|---|
| 4479 | | - | |
|---|
| 4480 | | - | Public Act No. 24-81 108 of 351 |
|---|
| 4481 | | - | |
|---|
| 4482 | | - | applicable state and federal regulations. The Commissioner of Aging |
|---|
| 4483 | | - | and Disability Services may adopt regulations, in accordance with the |
|---|
| 4484 | | - | provisions of chapter 54, to implement the purposes of the department |
|---|
| 4485 | | - | as established by statute. |
|---|
| 4486 | | - | (c) The Commissioner of Aging and Disability Services shall, |
|---|
| 4487 | | - | annually, in accordance with section 4-60, submit to the Governor a |
|---|
| 4488 | | - | report in electronic format on the activities of the Department of Aging |
|---|
| 4489 | | - | and Disability Services relating to services provided by the department |
|---|
| 4490 | | - | to persons who (1) are blind or visually impaired, (2) are deaf, deafblind |
|---|
| 4491 | | - | or hard of hearing, (3) receive vocational rehabilitation services, or (4) |
|---|
| 4492 | | - | are older persons or their families. The report shall include the data the |
|---|
| 4493 | | - | department provides to the federal government that relates to the |
|---|
| 4494 | | - | evaluation standards and performance indicators for the vocational |
|---|
| 4495 | | - | rehabilitation services program. The commissioner shall submit the |
|---|
| 4496 | | - | report in electronic format, in accordance with the provisions of section |
|---|
| 4497 | | - | 11-4a, to the joint standing committees of the General Assembly having |
|---|
| 4498 | | - | cognizance of matters relating to human services and appropriations |
|---|
| 4499 | | - | and the budgets of state agencies. |
|---|
| 4500 | | - | (d) The functions, powers, duties and personnel of the former |
|---|
| 4501 | | - | Department on Aging, or any subsequent division or portion of a |
|---|
| 4502 | | - | division with similar functions, powers, duties and personnel, shall be |
|---|
| 4503 | | - | transferred to the Department of Aging and Disability Services pursuant |
|---|
| 4504 | | - | to the provisions of sections 4-38d, 4-38e and 4-39. |
|---|
| 4505 | | - | (e) The Department of Aging and Disability Services shall constitute |
|---|
| 4506 | | - | a successor department to the former Department on Aging, in |
|---|
| 4507 | | - | accordance with the provisions of sections 4-38d, 4-38e and 4-39. |
|---|
| 4508 | | - | Wherever the words "Commissioner on Aging" are used in the general |
|---|
| 4509 | | - | statutes, the words "Commissioner of Aging and Disability Services" |
|---|
| 4510 | | - | shall be substituted in lieu thereof. Wherever the words "Department on |
|---|
| 4511 | | - | Aging" are used in the general statutes, the words "Department of Aging |
|---|
| 4512 | | - | and Disability Services" shall be substituted in lieu thereof. Any order House Bill No. 5523 |
|---|
| 4513 | | - | |
|---|
| 4514 | | - | Public Act No. 24-81 109 of 351 |
|---|
| 4515 | | - | |
|---|
| 4516 | | - | or regulation of the former Department on Aging that is in force on the |
|---|
| 4517 | | - | effective date of this section shall continue in force and effect as an order |
|---|
| 4518 | | - | or regulation of the Department of Aging and Disability Services until |
|---|
| 4519 | | - | amended, repealed or superseded pursuant to law. |
|---|
| 4520 | | - | (f) The Governor may, with the approval of the Finance Advisory |
|---|
| 4521 | | - | Committee, transfer funds between the Department of Social Services |
|---|
| 4522 | | - | and the Department of Aging and Disability Services pursuant to |
|---|
| 4523 | | - | subsection (b) of section 4-87 during the fiscal year ending June 30, 2018. |
|---|
| 4524 | | - | (g) The Department of Aging and Disability Services is designated as |
|---|
| 4525 | | - | the State Unit on Aging to administer, manage, design and advocate for |
|---|
| 4526 | | - | benefits, programs and services for older persons and their families |
|---|
| 4527 | | - | pursuant to the Older Americans Act. The department shall study |
|---|
| 4528 | | - | continuously the conditions and needs of older persons in this state in |
|---|
| 4529 | | - | relation to nutrition, transportation, home care, housing, income, |
|---|
| 4530 | | - | employment, health, recreation and other matters. The department shall |
|---|
| 4531 | | - | be responsible, in cooperation with federal, state, local and area |
|---|
| 4532 | | - | planning agencies on aging, for the overall planning, development and |
|---|
| 4533 | | - | administration of a comprehensive and integrated social service |
|---|
| 4534 | | - | delivery system for older persons. The Department of Aging and |
|---|
| 4535 | | - | Disability Services is designated as the state agency for the |
|---|
| 4536 | | - | administration of nutritional programs for elderly persons described in |
|---|
| 4537 | | - | section 17a-852, the fall prevention program described in section 17a- |
|---|
| 4538 | | - | 859, the CHOICES program described in section 17a-857, the Aging and |
|---|
| 4539 | | - | Disability Resource Center Program described in section 17a-858 and |
|---|
| 4540 | | - | the Alzheimer's respite program described in section 17b-860. |
|---|
| 4541 | | - | Sec. 71. Subsection (b) of section 17a-837 of the general statutes is |
|---|
| 4542 | | - | repealed and the following is substituted in lieu thereof (Effective October |
|---|
| 4543 | | - | 1, 2024): |
|---|
| 4544 | | - | (b) The Commissioner of Education shall assign one vocational |
|---|
| 4545 | | - | rehabilitation consultant to act as a liaison staff member of the Advisory House Bill No. 5523 |
|---|
| 4546 | | - | |
|---|
| 4547 | | - | Public Act No. 24-81 110 of 351 |
|---|
| 4548 | | - | |
|---|
| 4549 | | - | Board for Persons Who are Deaf, Deafblind or Hard of Hearing. [or |
|---|
| 4550 | | - | Deafblind.] |
|---|
| 4551 | | - | Sec. 72. Section 17a-835 of the general statutes is repealed and the |
|---|
| 4552 | | - | following is substituted in lieu thereof (Effective October 1, 2024): |
|---|
| 4553 | | - | The Department of Aging and Disability Services may provide |
|---|
| 4554 | | - | necessary services to persons who are deaf, deafblind or hard of hearing, |
|---|
| 4555 | | - | including, but not limited to, nonreimbursable interpreter services and |
|---|
| 4556 | | - | message relay services for persons using telecommunication devices for |
|---|
| 4557 | | - | persons who are deaf, deafblind or hard of hearing. |
|---|
| 4558 | | - | Sec. 73. Subsection (b) of section 17b-280c of the general statutes is |
|---|
| 4559 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 4560 | | - | passage): |
|---|
| 4561 | | - | (b) The Commissioner of Social Services shall amend the Medicaid |
|---|
| 4562 | | - | state plan to provide a minimum weekly reimbursement rate of eighty- |
|---|
| 4563 | | - | eight dollars and fifty-two cents to a chemical maintenance provider for |
|---|
| 4564 | | - | methadone maintenance treatment of a Medicaid beneficiary, provided |
|---|
| 4565 | | - | no such provider receiving a higher rate shall have such rate reduced to |
|---|
| 4566 | | - | the minimum as a result of the implementation of a new minimum |
|---|
| 4567 | | - | reimbursement rate. For the fiscal year beginning July 1, 2024, the |
|---|
| 4568 | | - | commissioner shall amend the Medicaid state plan to increase rates, |
|---|
| 4569 | | - | within available appropriations, for chemical maintenance providers |
|---|
| 4570 | | - | who receive the lowest weekly reimbursement rate for such treatment, |
|---|
| 4571 | | - | provided no provider receiving a higher rate for such treatment shall |
|---|
| 4572 | | - | have such rate reduced as a result of such rate increase. |
|---|
| 4573 | | - | Sec. 74. (Effective from passage) For the fiscal year beginning July 1, |
|---|
| 4574 | | - | 2024, the Commissioner of Social Services, within available |
|---|
| 4575 | | - | appropriations, shall increase (1) the Medicaid ambulance mileage rate |
|---|
| 4576 | | - | for all emergency and nonemergency transports by one dollar and |
|---|
| 4577 | | - | eighteen cents, and (2) all other emergency and nonemergency House Bill No. 5523 |
|---|
| 4578 | | - | |
|---|
| 4579 | | - | Public Act No. 24-81 111 of 351 |
|---|
| 4580 | | - | |
|---|
| 4581 | | - | ambulance services rates. The commissioner, within available |
|---|
| 4582 | | - | appropriations, shall provide mileage reimbursement for in-town trips |
|---|
| 4583 | | - | for said fiscal year. The commissioner may, if necessary, seek federal |
|---|
| 4584 | | - | approval of an amendment to the Medicaid state plan to carry out the |
|---|
| 4585 | | - | provisions of this section. |
|---|
| 4586 | | - | Sec. 75. Section 10a-174 of the 2024 supplement to the general statutes, |
|---|
| 4587 | | - | as amended by section 134 of public act 23-204, is repealed and the |
|---|
| 4588 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 4589 | | - | (a) As used in this section: |
|---|
| 4590 | | - | (1) "Award" means the greater of: (A) The unpaid portion, if any, of a |
|---|
| 4591 | | - | qualifying student's eligible institutional costs after subtracting his or |
|---|
| 4592 | | - | her financial aid, or (B) a minimum award of [two hundred fifty] five |
|---|
| 4593 | | - | hundred dollars for a full-time student or [one hundred fifty] three |
|---|
| 4594 | | - | hundred dollars for a part-time student; |
|---|
| 4595 | | - | (2) "Eligible institutional costs" means the tuition and required fees |
|---|
| 4596 | | - | incurred each semester by an individual student that are established by |
|---|
| 4597 | | - | the Board of Regents for Higher Education for the regional community- |
|---|
| 4598 | | - | technical colleges; |
|---|
| 4599 | | - | (3) "Financial aid" means the sum of all scholarships, grants and |
|---|
| 4600 | | - | federal, state and institutional aid received by a qualifying student. |
|---|
| 4601 | | - | "Financial aid" does not include any federal, state or private student |
|---|
| 4602 | | - | loans received by a qualifying student; |
|---|
| 4603 | | - | (4) "Qualifying student" means any person who (A) graduated from |
|---|
| 4604 | | - | a public or nonpublic high school, [in the state,] (B) enrolls as a full-time |
|---|
| 4605 | | - | or part-time student for the fall semester of 2020, or any semester |
|---|
| 4606 | | - | thereafter, at a regional community-technical college in a program |
|---|
| 4607 | | - | leading to a degree or certificate, (C) is classified as an in-state student |
|---|
| 4608 | | - | pursuant to section 10a-29, (D) is making satisfactory academic progress |
|---|
| 4609 | | - | while enrolled at a regional community-technical college, (E) has House Bill No. 5523 |
|---|
| 4610 | | - | |
|---|
| 4611 | | - | Public Act No. 24-81 112 of 351 |
|---|
| 4612 | | - | |
|---|
| 4613 | | - | completed the Free Application for Federal Student Aid, and (F) has |
|---|
| 4614 | | - | accepted all available financial aid or is a transition program student; |
|---|
| 4615 | | - | (5) "Full-time student" means a student who is enrolled at a regional |
|---|
| 4616 | | - | community-technical college and (A) is carrying twelve or more credit |
|---|
| 4617 | | - | hours in a semester, or (B) has a learning disability documented with |
|---|
| 4618 | | - | the regional community-technical college in which he or she is enrolled |
|---|
| 4619 | | - | and is enrolled in the maximum number of credit hours that is feasible |
|---|
| 4620 | | - | for such student to attempt in a semester, as determined by such |
|---|
| 4621 | | - | student's academic advisor; |
|---|
| 4622 | | - | (6) "Semester" means the fall or spring semester of an academic year. |
|---|
| 4623 | | - | "Semester" does not include a summer semester or session; [and] |
|---|
| 4624 | | - | (7) "Part-time student" means a student who is enrolled at a regional |
|---|
| 4625 | | - | community-technical college and is carrying not less than six but fewer |
|---|
| 4626 | | - | than twelve credit hours in a semester; and |
|---|
| 4627 | | - | (8) "Transition program student" means any person who (A) is a |
|---|
| 4628 | | - | resident of this state, (B) has not graduated from high school, (C) is |
|---|
| 4629 | | - | enrolled in a transition program pursuant to such person's |
|---|
| 4630 | | - | individualized education program, and (D) enrolls in one or more |
|---|
| 4631 | | - | courses at a regional community-technical college. |
|---|
| 4632 | | - | (b) The Board of Regents for Higher Education shall (1) establish a |
|---|
| 4633 | | - | debt-free community college program to make awards to qualifying |
|---|
| 4634 | | - | students each semester, (2) adopt rules, procedures and forms necessary |
|---|
| 4635 | | - | to implement the debt-free community college program, and (3) submit |
|---|
| 4636 | | - | a report outlining such rules, procedures and forms, in accordance with |
|---|
| 4637 | | - | the provisions of section 11-4a, to the joint standing committee of the |
|---|
| 4638 | | - | General Assembly having cognizance of matters relating to higher |
|---|
| 4639 | | - | education. Awards made to qualifying students pursuant to the debt- |
|---|
| 4640 | | - | free community college program shall be designated as the "Mary Ann |
|---|
| 4641 | | - | Handley Award". House Bill No. 5523 |
|---|
| 4642 | | - | |
|---|
| 4643 | | - | Public Act No. 24-81 113 of 351 |
|---|
| 4644 | | - | |
|---|
| 4645 | | - | (c) For the fall semester of 2020, and each semester thereafter, the |
|---|
| 4646 | | - | Board of Regents for Higher Education shall make awards to qualifying |
|---|
| 4647 | | - | students within available appropriations. An award shall be available |
|---|
| 4648 | | - | to a qualifying student for the first seventy-two credit hours earned by |
|---|
| 4649 | | - | the qualifying student at a regional community-technical college, |
|---|
| 4650 | | - | provided the qualifying student meets and continues to meet the |
|---|
| 4651 | | - | requirements of this section. The board shall not use an award to |
|---|
| 4652 | | - | supplant any financial aid, including, but not limited to, state or |
|---|
| 4653 | | - | institutional aid, otherwise available to a qualifying student. |
|---|
| 4654 | | - | (d) Not later than [March 1, 2021, and October 1, 2021] November 1, |
|---|
| 4655 | | - | 2024, and March 1, 2025, and each semester thereafter, the Board of |
|---|
| 4656 | | - | Regents for Higher Education shall report, in accordance with the |
|---|
| 4657 | | - | provisions of section 11-4a, to the joint standing committees of the |
|---|
| 4658 | | - | General Assembly having cognizance of matters relating to higher |
|---|
| 4659 | | - | education and employment advancement and appropriations and the |
|---|
| 4660 | | - | budgets of the state agencies regarding the debt-free community college |
|---|
| 4661 | | - | program, including, but not limited to, (1) the number of qualifying |
|---|
| 4662 | | - | students enrolled at the regional community-technical colleges during |
|---|
| 4663 | | - | each semester, (2) the number of qualifying students receiving |
|---|
| 4664 | | - | minimum awards and the number of qualifying students receiving |
|---|
| 4665 | | - | awards for the unpaid portion of eligible institutional costs, (3) the |
|---|
| 4666 | | - | average number of credit hours the qualifying students enrolled in each |
|---|
| 4667 | | - | semester and the average number of credit hours the qualifying |
|---|
| 4668 | | - | students completed each semester, (4) the average amount of the award |
|---|
| 4669 | | - | made to qualifying students under this section for the unpaid portion of |
|---|
| 4670 | | - | eligible institutional costs, and (5) the completion rates of qualifying |
|---|
| 4671 | | - | students receiving awards under this section by degree or certificate |
|---|
| 4672 | | - | program. |
|---|
| 4673 | | - | Sec. 76. Section 23 of public act 23-170 is repealed and the following |
|---|
| 4674 | | - | is substituted in lieu thereof (Effective from passage): |
|---|
| 4675 | | - | Not later than July 1, [2024] 2025, the Secretary of the Office of Policy House Bill No. 5523 |
|---|
| 4676 | | - | |
|---|
| 4677 | | - | Public Act No. 24-81 114 of 351 |
|---|
| 4678 | | - | |
|---|
| 4679 | | - | and Management, in consultation with the Commissioner of Energy and |
|---|
| 4680 | | - | Environmental Protection, shall submit recommendations to the joint |
|---|
| 4681 | | - | standing committees of the General Assembly having cognizance of |
|---|
| 4682 | | - | matters relating to the environment and energy and technology, in |
|---|
| 4683 | | - | accordance with section 11-4a of the general statutes, regarding the |
|---|
| 4684 | | - | feasibility and advisability of creating a new quasi-public state agency, |
|---|
| 4685 | | - | state waste authority or other entity for purposes that include, but are |
|---|
| 4686 | | - | not limited to, the development of new solid waste infrastructure and |
|---|
| 4687 | | - | the operation and maintenance of new or existing solid waste |
|---|
| 4688 | | - | infrastructure. Such recommendations shall be made in consultation |
|---|
| 4689 | | - | with any municipalities, municipal authorities, regional waste |
|---|
| 4690 | | - | authorities or private sector operators of solid waste companies |
|---|
| 4691 | | - | participating in a request for proposals pursuant to section [2 of this act] |
|---|
| 4692 | | - | 22a-268h of the general statutes. |
|---|
| 4693 | | - | Sec. 77. Subsection (b) of section 4-66g of the 2024 supplement to the |
|---|
| 4694 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 4695 | | - | thereof (Effective July 1, 2024): |
|---|
| 4696 | | - | (b) The proceeds of the sale of said bonds, to the extent of the amount |
|---|
| 4697 | | - | stated in subsection (a) of this section, shall be used by the Office of |
|---|
| 4698 | | - | Policy and Management for a small town economic assistance program |
|---|
| 4699 | | - | the purpose of which shall be to provide grants-in-aid to any |
|---|
| 4700 | | - | municipality or group of municipalities, provided the municipality and |
|---|
| 4701 | | - | each municipality that is part of a group of municipalities is not |
|---|
| 4702 | | - | economically distressed within the meaning of subsection (b) of section |
|---|
| 4703 | | - | 32-9p, does not have an urban center in any plan adopted by the General |
|---|
| 4704 | | - | Assembly pursuant to section 16a-30 and is not a public investment |
|---|
| 4705 | | - | community within the meaning of subdivision (9) of subsection (a) of |
|---|
| 4706 | | - | section 7-545. Such grants shall be used for purposes for which funds |
|---|
| 4707 | | - | would be available under section 4-66c. No group of municipalities may |
|---|
| 4708 | | - | receive an amount exceeding in the aggregate [five hundred thousand] |
|---|
| 4709 | | - | one million dollars per municipality in such group in any one fiscal year House Bill No. 5523 |
|---|
| 4710 | | - | |
|---|
| 4711 | | - | Public Act No. 24-81 115 of 351 |
|---|
| 4712 | | - | |
|---|
| 4713 | | - | under said program. No individual municipality may receive more than |
|---|
| 4714 | | - | [five hundred thousand] one million dollars in any one fiscal year under |
|---|
| 4715 | | - | said program, except that any municipality that receives a grant under |
|---|
| 4716 | | - | said program as a member of a group of municipalities shall continue to |
|---|
| 4717 | | - | be eligible to receive an amount equal to [five hundred thousand] one |
|---|
| 4718 | | - | million dollars less the amount of such municipality's proportionate |
|---|
| 4719 | | - | share of such grant. Notwithstanding the provisions of this subsection |
|---|
| 4720 | | - | and section 4-66c, a municipality that is (1) a distressed municipality |
|---|
| 4721 | | - | within the meaning of subsection (b) of section 32-9p or a public |
|---|
| 4722 | | - | investment community within the meaning of subdivision (9) of |
|---|
| 4723 | | - | subsection (a) of section 7-545, and (2) otherwise eligible under this |
|---|
| 4724 | | - | subsection for the small town economic assistance program may elect to |
|---|
| 4725 | | - | be eligible for said program individually or as part of a group of |
|---|
| 4726 | | - | municipalities in lieu of being eligible for financial assistance under |
|---|
| 4727 | | - | section 4-66c, by a vote of its legislative body or, in the case of a |
|---|
| 4728 | | - | municipality in which the legislative body is a town meeting, its board |
|---|
| 4729 | | - | of selectmen, and submitting a written notice of such vote to the |
|---|
| 4730 | | - | Secretary of the Office of Policy and Management. Any such election |
|---|
| 4731 | | - | shall be for the four-year period following submission of such notice to |
|---|
| 4732 | | - | the secretary and may be extended for additional four-year periods in |
|---|
| 4733 | | - | accordance with the same procedure for the initial election. |
|---|
| 4734 | | - | Sec. 78. Section 5-250 of the general statutes is repealed and the |
|---|
| 4735 | | - | following is substituted in lieu thereof (Effective January 1, 2025): |
|---|
| 4736 | | - | (a) Each appointing authority shall grant to (1) each full-time |
|---|
| 4737 | | - | employee in a permanent position in the state service, who has worked |
|---|
| 4738 | | - | at least one full calendar year, and (2) each full-time employee in a |
|---|
| 4739 | | - | permanent position in the state service during such employee's initial |
|---|
| 4740 | | - | working test period an annual vacation with pay of twenty-one |
|---|
| 4741 | | - | consecutive calendar days or its equivalent. Each such employee who |
|---|
| 4742 | | - | has completed twenty years of service shall be entitled to one day for |
|---|
| 4743 | | - | each additional year up to twenty-five years of service, and each such House Bill No. 5523 |
|---|
| 4744 | | - | |
|---|
| 4745 | | - | Public Act No. 24-81 116 of 351 |
|---|
| 4746 | | - | |
|---|
| 4747 | | - | employee with twenty-five or more years of service shall be entitled to |
|---|
| 4748 | | - | not more than twenty days' vacation, subject to regulations issued by |
|---|
| 4749 | | - | the Commissioner of Administrative Services. The Commissioner of |
|---|
| 4750 | | - | Administrative Services may adopt regulations, in accordance with the |
|---|
| 4751 | | - | provisions of chapter 54, concerning the accrual, prorating and granting |
|---|
| 4752 | | - | of vacation leave with pay as required. Computation of such vacation |
|---|
| 4753 | | - | leave may be made on an hourly basis. Hourly computation of vacation |
|---|
| 4754 | | - | leave shall not diminish benefit entitlement. |
|---|
| 4755 | | - | (b) An appointing authority may permit a full-time permanent |
|---|
| 4756 | | - | employee in the state service to accumulate vacation days with pay up |
|---|
| 4757 | | - | to a maximum of one hundred twenty vacation days, subject to |
|---|
| 4758 | | - | regulations issued by the Commissioner of Administrative Services. |
|---|
| 4759 | | - | (c) In addition to annual vacation, each appointing authority shall |
|---|
| 4760 | | - | grant to (1) each full-time permanent employee in the state service, and |
|---|
| 4761 | | - | (2) each full-time permanent employee in the state service during such |
|---|
| 4762 | | - | employee's initial working test period three days of personal leave of |
|---|
| 4763 | | - | absence with pay in each calendar year. Personal leave of absence shall |
|---|
| 4764 | | - | be for the purpose of conducting private affairs, including observance |
|---|
| 4765 | | - | of religious holidays, and shall not be deducted from vacation or sick |
|---|
| 4766 | | - | leave credits. Personal leave of absence days not taken in a calendar year |
|---|
| 4767 | | - | shall not be accumulated. For full-time permanent employees within |
|---|
| 4768 | | - | such employees' working test period that began employment on or after |
|---|
| 4769 | | - | July first of a calendar year, the number of personal leave of absence |
|---|
| 4770 | | - | days shall be prorated during such employee's first calendar year of |
|---|
| 4771 | | - | employment. Such proration shall be based on the number of full |
|---|
| 4772 | | - | calendar months remaining in the calendar year after such employee |
|---|
| 4773 | | - | began employment divided by six. |
|---|
| 4774 | | - | (d) Vacation accruals earned by employees in the unclassified service, |
|---|
| 4775 | | - | in accordance with administrative practice or internal departmental |
|---|
| 4776 | | - | policy, which accrual practice or policy was included, by the appointing |
|---|
| 4777 | | - | authority, in the terms of employment on the basis of which such House Bill No. 5523 |
|---|
| 4778 | | - | |
|---|
| 4779 | | - | Public Act No. 24-81 117 of 351 |
|---|
| 4780 | | - | |
|---|
| 4781 | | - | employees were employed prior to July 1, 1972, and which accruals have |
|---|
| 4782 | | - | not been used and which can be verified by written attendance records, |
|---|
| 4783 | | - | remain to the credit of such employees for use as vacation time or for |
|---|
| 4784 | | - | payment as provided in section 5-252, as the case may be. |
|---|
| 4785 | | - | (e) Notwithstanding the provisions of this section, a general worker |
|---|
| 4786 | | - | employed in a position by the Department of Developmental Services |
|---|
| 4787 | | - | as a self-advocate, not to exceed eleven such general workers, shall be |
|---|
| 4788 | | - | eligible for prorated vacation and personal leave. |
|---|
| 4789 | | - | (f) Not later than June 30, 2025, the Commissioner of Administrative |
|---|
| 4790 | | - | Services shall adopt or amend regulations, as applicable, in accordance |
|---|
| 4791 | | - | with chapter 54, to implement the provisions of subsections (a) and (c) |
|---|
| 4792 | | - | of this section relating to the granting of vacation and personal leave to |
|---|
| 4793 | | - | full-time permanent employees during such employees' initial working |
|---|
| 4794 | | - | test periods. Notwithstanding the provisions of sections 4-168 to 4-172, |
|---|
| 4795 | | - | inclusive, in order to effectuate the purposes of subsections (a) and (c) |
|---|
| 4796 | | - | of this section, prior to adopting or amending such regulations and not |
|---|
| 4797 | | - | later than January 1, 2025, the commissioner shall adopt policies and |
|---|
| 4798 | | - | procedures to implement the provisions of subsections (a) and (c) of this |
|---|
| 4799 | | - | section that shall have the force and effect of law. The commissioner |
|---|
| 4800 | | - | shall post all policies and procedures on the department's Internet web |
|---|
| 4801 | | - | site, and submit such policies and procedures to the Secretary of the |
|---|
| 4802 | | - | State for posting on the eRegulations System, at least fifteen days prior |
|---|
| 4803 | | - | to the effective date of any policy or procedure. Any such policy or |
|---|
| 4804 | | - | procedure shall no longer be effective upon the adoption of such policies |
|---|
| 4805 | | - | and procedures as a final regulation pursuant to section 4-172. |
|---|
| 4806 | | - | Sec. 79. Section 4-8 of the general statutes is repealed and the |
|---|
| 4807 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 4808 | | - | (a) Each department head shall: [be] |
|---|
| 4809 | | - | (1) Be qualified by training and experience for the duties of [his] the House Bill No. 5523 |
|---|
| 4810 | | - | |
|---|
| 4811 | | - | Public Act No. 24-81 118 of 351 |
|---|
| 4812 | | - | |
|---|
| 4813 | | - | department head's office; [. Each department head shall act] |
|---|
| 4814 | | - | (2) Act as the executive officer of the Governor for accomplishing the |
|---|
| 4815 | | - | purposes of [his] the department head's department; [. He shall conduct] |
|---|
| 4816 | | - | (3) Conduct comprehensive planning with respect to the functions of |
|---|
| 4817 | | - | [his] such department and coordinate the activities and programs of the |
|---|
| 4818 | | - | state agencies therein; [. He shall cause] |
|---|
| 4819 | | - | (4) Cause the administrative organization of [said] such department |
|---|
| 4820 | | - | to be examined with a view to promoting economy and efficiency; [. He |
|---|
| 4821 | | - | shall organize the] and |
|---|
| 4822 | | - | (5) Organize such department and any agency therein into such |
|---|
| 4823 | | - | divisions, bureaus or other units as [he] the department head deems |
|---|
| 4824 | | - | necessary for the efficient conduct of the business of the department. |
|---|
| 4825 | | - | [and] |
|---|
| 4826 | | - | (b) Each department head may [from time to time] abolish, transfer |
|---|
| 4827 | | - | or consolidate within the department or any agency therein any |
|---|
| 4828 | | - | division, bureau or other unit as may be necessary for the efficient |
|---|
| 4829 | | - | conduct of the business of the department, provided such organization |
|---|
| 4830 | | - | shall include any division, bureau or other unit which is specifically |
|---|
| 4831 | | - | required by the general statutes. |
|---|
| 4832 | | - | (c) Each department head may appoint such deputies as may be |
|---|
| 4833 | | - | necessary for the efficient conduct of the business of the department. |
|---|
| 4834 | | - | Each department head shall designate one deputy who shall in the |
|---|
| 4835 | | - | absence or disqualification of the department head or [on his] upon the |
|---|
| 4836 | | - | department head's death, exercise the powers and duties of the |
|---|
| 4837 | | - | department head until [he] the department head resumes his or her |
|---|
| 4838 | | - | duties or the vacancy is filled, as applicable. Such deputies shall serve at |
|---|
| 4839 | | - | the pleasure of the department head. [Such appointees shall devote their |
|---|
| 4840 | | - | full time to their duties with the department or agency and shall engage |
|---|
| 4841 | | - | in no other gainful employment.] Subject to the provisions of chapter 67, House Bill No. 5523 |
|---|
| 4842 | | - | |
|---|
| 4843 | | - | Public Act No. 24-81 119 of 351 |
|---|
| 4844 | | - | |
|---|
| 4845 | | - | each department head shall appoint such other employees as may be |
|---|
| 4846 | | - | necessary for the discharge of [his] the department head's duties. |
|---|
| 4847 | | - | (d) [He is empowered to make] Each department head may: |
|---|
| 4848 | | - | (1) Adopt regulations, in accordance with the provisions of chapter |
|---|
| 4849 | | - | 54, for the conduct of [his] the department head's department; [. Each |
|---|
| 4850 | | - | department head may enter] |
|---|
| 4851 | | - | (2) Enter into such contractual agreements, in accordance with |
|---|
| 4852 | | - | established procedures, as may be necessary for the discharge of [his] |
|---|
| 4853 | | - | the department head's duties; [. Subject] |
|---|
| 4854 | | - | (3) Subject to the provisions of section 4-32, and unless otherwise |
|---|
| 4855 | | - | provided by law, [each department head is authorized to] receive any |
|---|
| 4856 | | - | money, revenue or services from the federal government, corporations, |
|---|
| 4857 | | - | associations or individuals, including payments from the sale of printed |
|---|
| 4858 | | - | matter or any other material or services; [. Each department head may |
|---|
| 4859 | | - | create] and |
|---|
| 4860 | | - | (4) Create such advisory boards as [he] the department head deems |
|---|
| 4861 | | - | necessary. |
|---|
| 4862 | | - | Sec. 80. Subsections (c) and (d) of section 51-49d of the general |
|---|
| 4863 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 4864 | | - | (Effective from passage): |
|---|
| 4865 | | - | (c) The Retirement Commission shall determine on an actuarial basis |
|---|
| 4866 | | - | (1) a normal rate of contribution which the state shall be required to |
|---|
| 4867 | | - | make into the retirement fund in order to meet the actuarial cost of |
|---|
| 4868 | | - | current service, and (2) the unfunded past service liability. Effective July |
|---|
| 4869 | | - | 1, 1991, the unfunded past service liability shall be funded as a level |
|---|
| 4870 | | - | percentage of payroll. [The] On and after July 1, 2024, the state |
|---|
| 4871 | | - | contribution shall be the sum of the normal cost and the amount |
|---|
| 4872 | | - | required for a [forty-year] fifteen-year layered amortization of House Bill No. 5523 |
|---|
| 4873 | | - | |
|---|
| 4874 | | - | Public Act No. 24-81 120 of 351 |
|---|
| 4875 | | - | |
|---|
| 4876 | | - | unfunded liabilities. The [forty-year] fifteen-year period for such |
|---|
| 4877 | | - | amortization shall commence [July 1, 1991] with the valuation for the |
|---|
| 4878 | | - | fiscal year ending June 30, 2023. |
|---|
| 4879 | | - | (d) No act liberalizing the benefits of the retirement system shall be |
|---|
| 4880 | | - | enacted by the General Assembly until the assembly has requested and |
|---|
| 4881 | | - | received from the Retirement Commission a certification of the |
|---|
| 4882 | | - | unfunded liability created by such change and the cost of such change |
|---|
| 4883 | | - | under the actuarial funding basis adopted by this section using full |
|---|
| 4884 | | - | normal cost plus [thirty-year] fifteen-year layered amortization. Any |
|---|
| 4885 | | - | unfunded liability created by such change shall be amortized over a |
|---|
| 4886 | | - | period of [thirty] fifteen years. |
|---|
| 4887 | | - | Sec. 81. (Effective from passage) Notwithstanding the provisions of |
|---|
| 4888 | | - | section 51-49d of the general statutes, not later than June 30, 2024, the |
|---|
| 4889 | | - | State Employees Retirement Commission shall prepare and submit a |
|---|
| 4890 | | - | revised actuarial valuation as of June 30, 2023, for the retirement system |
|---|
| 4891 | | - | for judges, family support magistrates and administrative law judges |
|---|
| 4892 | | - | that incorporates the change to fifteen-year layered amortization, as |
|---|
| 4893 | | - | described in section 51-49d of the general statutes. |
|---|
| 4894 | | - | Sec. 82. Section 8-169ll of the 2024 supplement to the general statutes |
|---|
| 4895 | | - | is repealed and the following is substituted in lieu thereof (Effective |
|---|
| 4896 | | - | October 1, 2024): |
|---|
| 4897 | | - | (a) (1) Any municipality, except the city of Hartford or any |
|---|
| 4898 | | - | municipality that is considered part of the capital region, as defined in |
|---|
| 4899 | | - | section 32-600, may, by certified resolution of the legislative body of the |
|---|
| 4900 | | - | municipality, opt to join the Connecticut Municipal Redevelopment |
|---|
| 4901 | | - | Authority as a member municipality, provided such municipality holds |
|---|
| 4902 | | - | a public hearing prior to any vote on such certified resolution. |
|---|
| 4903 | | - | [(2) The legislative body of each member municipality shall appoint |
|---|
| 4904 | | - | a local development board to serve as liaison to the authority. Such House Bill No. 5523 |
|---|
| 4905 | | - | |
|---|
| 4906 | | - | Public Act No. 24-81 121 of 351 |
|---|
| 4907 | | - | |
|---|
| 4908 | | - | board (A) shall include three individuals representing the municipality |
|---|
| 4909 | | - | and the chief executive officer of such municipality, who shall serve as |
|---|
| 4910 | | - | chairperson of the board, and (B) may include, but need not be limited |
|---|
| 4911 | | - | to, representatives from local health or human services organizations, |
|---|
| 4912 | | - | local housing organizations, a local school district or education |
|---|
| 4913 | | - | organization, and a local business organization. Such board shall also |
|---|
| 4914 | | - | include one member of the board of directors of the authority, chosen |
|---|
| 4915 | | - | by the chairperson of the board of directors of the authority. Each |
|---|
| 4916 | | - | legislative body shall make a good faith effort to appoint representatives |
|---|
| 4917 | | - | of minority-owned businesses, advocates for walkable communities and |
|---|
| 4918 | | - | members who are geographically, racially, socioeconomically and |
|---|
| 4919 | | - | gender diverse.] |
|---|
| 4920 | | - | [(3)] (2) Any municipality that opts to join the authority as a member |
|---|
| 4921 | | - | municipality or that is deemed a member municipality pursuant to this |
|---|
| 4922 | | - | subsection [(a) of this section] shall enter into a memorandum of |
|---|
| 4923 | | - | agreement with the authority for the establishment of one or more |
|---|
| 4924 | | - | development districts. |
|---|
| 4925 | | - | (b) (1) Any two or more municipalities may, by certified concurrent |
|---|
| 4926 | | - | resolutions of the legislative bodies of each such municipality, together |
|---|
| 4927 | | - | opt to join the Connecticut Municipal Redevelopment Authority as a |
|---|
| 4928 | | - | joint member entity, provided (A) no such municipality is considered |
|---|
| 4929 | | - | part of the capital region, as defined in section 32-600, and (B) each such |
|---|
| 4930 | | - | municipality holds a public hearing prior to any vote on the certified |
|---|
| 4931 | | - | resolution from such municipality. The concurrent resolutions shall set |
|---|
| 4932 | | - | forth an agreement of such municipalities as to authority for decisions |
|---|
| 4933 | | - | concerning projects in development districts within such municipalities. |
|---|
| 4934 | | - | [(2) The legislative bodies of the municipalities constituting a joint |
|---|
| 4935 | | - | member entity shall jointly appoint a local development board to serve |
|---|
| 4936 | | - | as liaison to the authority. Such board shall (A) include two individuals |
|---|
| 4937 | | - | representing each such municipality and the chief executive officer of |
|---|
| 4938 | | - | each such municipality, who shall serve as cochairperson of the board House Bill No. 5523 |
|---|
| 4939 | | - | |
|---|
| 4940 | | - | Public Act No. 24-81 122 of 351 |
|---|
| 4941 | | - | |
|---|
| 4942 | | - | with the other chief executive officers, and (B) may include, but need not |
|---|
| 4943 | | - | be limited to, representatives from local health or human services |
|---|
| 4944 | | - | organizations, local housing organizations, a local school district or |
|---|
| 4945 | | - | education organization and a local business organization. Such board |
|---|
| 4946 | | - | shall also include one member of the board of directors of the authority, |
|---|
| 4947 | | - | chosen by the chairperson of the board of directors of the authority. The |
|---|
| 4948 | | - | legislative bodies of the municipalities constituting a joint member |
|---|
| 4949 | | - | entity shall make a good faith effort to appoint representatives of |
|---|
| 4950 | | - | minority-owned businesses, advocates for walkable communities and |
|---|
| 4951 | | - | members who are geographically, racially, socioeconomically and |
|---|
| 4952 | | - | gender diverse.] |
|---|
| 4953 | | - | [(3)] (2) Any two or more municipalities that together opt to join the |
|---|
| 4954 | | - | authority as a joint member entity shall jointly enter into a |
|---|
| 4955 | | - | memorandum of agreement with the authority for the establishment of |
|---|
| 4956 | | - | one or more development districts. |
|---|
| 4957 | | - | [(c) In consultation with the board of directors of the authority, a local |
|---|
| 4958 | | - | development board appointed pursuant to subdivision (2) of subsection |
|---|
| 4959 | | - | (a) or subdivision (2) of subsection (b) of this section shall have, with |
|---|
| 4960 | | - | respect to authority development projects, all the powers enumerated in |
|---|
| 4961 | | - | subdivision (8) of subsection (b) of section 8-169jj and in subdivisions (1) |
|---|
| 4962 | | - | to (6), inclusive, of subsection (c) of said section.] |
|---|
| 4963 | | - | Sec. 83. Section 8-169hh of the 2024 supplement to the general statutes |
|---|
| 4964 | | - | is repealed and the following is substituted in lieu thereof (Effective |
|---|
| 4965 | | - | October 1, 2024): |
|---|
| 4966 | | - | For purposes of this section, [and] sections 8-169ii to 8-169tt, |
|---|
| 4967 | | - | inclusive, and sections 84 and 85 of this act: |
|---|
| 4968 | | - | (1) "As of right" has the same meaning as provided in section 8-1a; |
|---|
| 4969 | | - | (2) "Authority" means the Connecticut Municipal Redevelopment |
|---|
| 4970 | | - | Authority established in section 8-169ii; House Bill No. 5523 |
|---|
| 4971 | | - | |
|---|
| 4972 | | - | Public Act No. 24-81 123 of 351 |
|---|
| 4973 | | - | |
|---|
| 4974 | | - | (3) "Authority development project" means a project occurring within |
|---|
| 4975 | | - | the boundaries of a Connecticut Municipal Redevelopment Authority |
|---|
| 4976 | | - | development district; |
|---|
| 4977 | | - | (4) "Connecticut Municipal Redevelopment Authority development |
|---|
| 4978 | | - | district" or "development district" means the area determined by a |
|---|
| 4979 | | - | memorandum of agreement between the authority and the chief |
|---|
| 4980 | | - | executive officer of the member municipality, or the chief executive |
|---|
| 4981 | | - | officers of the municipalities constituting a joint member entity, as |
|---|
| 4982 | | - | applicable, where such development district is located, provided such |
|---|
| 4983 | | - | area shall be considered a downtown or does not exceed a one-half-mile |
|---|
| 4984 | | - | radius of a transit station; |
|---|
| 4985 | | - | (5) "Designated tier III municipality" has the same meaning as |
|---|
| 4986 | | - | provided in section 7-560; |
|---|
| 4987 | | - | (6) "Designated tier IV municipality" has the same meaning as |
|---|
| 4988 | | - | provided in section 7-560; |
|---|
| 4989 | | - | (7) "Downtown" means a central business district or other |
|---|
| 4990 | | - | commercial neighborhood area of a community that serves as a center |
|---|
| 4991 | | - | of socioeconomic interaction in the community, characterized by a |
|---|
| 4992 | | - | cohesive core of commercial and mixed -use buildings, often |
|---|
| 4993 | | - | interspersed with civic, religious and residential buildings and public |
|---|
| 4994 | | - | spaces, that are typically arranged along a main street and intersecting |
|---|
| 4995 | | - | side streets and served by public infrastructure; |
|---|
| 4996 | | - | (8) "Member municipality" means any municipality that opts to join |
|---|
| 4997 | | - | the Connecticut Municipal Redevelopment Authority in accordance |
|---|
| 4998 | | - | with section 8-169ll. "Member municipality" does not include the city of |
|---|
| 4999 | | - | Hartford or any municipality that is considered part of the capital |
|---|
| 5000 | | - | region, as defined in section 32-600; |
|---|
| 5001 | | - | (9) "Middle housing" has the same meaning as provided in section 8- |
|---|
| 5002 | | - | 1a; House Bill No. 5523 |
|---|
| 5003 | | - | |
|---|
| 5004 | | - | Public Act No. 24-81 124 of 351 |
|---|
| 5005 | | - | |
|---|
| 5006 | | - | (10) "Joint member entity" means two or more municipalities that |
|---|
| 5007 | | - | together opt to join the Connecticut Municipal Redevelopment |
|---|
| 5008 | | - | Authority in accordance with section 8-169ll, provided no such |
|---|
| 5009 | | - | municipality is considered part of the capital region, as defined in |
|---|
| 5010 | | - | section 32-600; |
|---|
| 5011 | | - | (11) "Project" means any or all of the following: (A) The design and |
|---|
| 5012 | | - | construction of transit-oriented development, as defined in section 13b- |
|---|
| 5013 | | - | 79kk; (B) the creation of housing units through rehabilitation or new |
|---|
| 5014 | | - | construction; (C) the demolition or redevelopment of vacant buildings; |
|---|
| 5015 | | - | and (D) development and redevelopment; |
|---|
| 5016 | | - | (12) "State-wide transportation investment program" means the |
|---|
| 5017 | | - | planning document developed and updated at least every four years by |
|---|
| 5018 | | - | the Department of Transportation in compliance with the requirements |
|---|
| 5019 | | - | of 23 USC 135, listing all transportation projects in the state expected to |
|---|
| 5020 | | - | receive federal funding during the four-year period covered by the |
|---|
| 5021 | | - | program; and |
|---|
| 5022 | | - | (13) "Transit station" means any passenger railroad station or bus |
|---|
| 5023 | | - | rapid transit station that is operational, or for which the Department of |
|---|
| 5024 | | - | Transportation has initiated planning or that is included in the state- |
|---|
| 5025 | | - | wide transportation investment program, that is or will be located |
|---|
| 5026 | | - | within the boundaries of a member municipality or the municipalities |
|---|
| 5027 | | - | constituting a joint member entity. |
|---|
| 5028 | | - | Sec. 84. (NEW) (Effective October 1, 2024) The authority may establish |
|---|
| 5029 | | - | criteria to evaluate any potential impact of an authority development |
|---|
| 5030 | | - | project. Such criteria shall include, but not be limited to, the impact the |
|---|
| 5031 | | - | proposed project may have on the tax base of a municipality, or the |
|---|
| 5032 | | - | combined tax bases of two or more municipalities, as applicable to such |
|---|
| 5033 | | - | project. |
|---|
| 5034 | | - | Sec. 85. (NEW) (Effective October 1, 2024) The authority shall offer House Bill No. 5523 |
|---|
| 5035 | | - | |
|---|
| 5036 | | - | Public Act No. 24-81 125 of 351 |
|---|
| 5037 | | - | |
|---|
| 5038 | | - | technical support to any member municipality or joint member entity in |
|---|
| 5039 | | - | the development of project criteria and local regulations intended to |
|---|
| 5040 | | - | substantially increase housing production if such technical support is |
|---|
| 5041 | | - | requested by such municipality or entity. |
|---|
| 5042 | | - | Sec. 86. Subdivision (5) of section 1-79 of the 2024 supplement to the |
|---|
| 5043 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 5044 | | - | thereof (Effective July 1, 2024): |
|---|
| 5045 | | - | (5) "Gift" means anything of value, which is directly and personally |
|---|
| 5046 | | - | received, unless consideration of equal or greater value is given in |
|---|
| 5047 | | - | return. "Gift" does not include: |
|---|
| 5048 | | - | (A) A political contribution otherwise reported as required by law or |
|---|
| 5049 | | - | a donation or payment as described in subdivision (9) or (10) of |
|---|
| 5050 | | - | subsection (b) of section 9-601a; |
|---|
| 5051 | | - | (B) Services provided by persons volunteering their time, if provided |
|---|
| 5052 | | - | to aid or promote the success or defeat of any political party, any |
|---|
| 5053 | | - | candidate or candidates for public office or the position of convention |
|---|
| 5054 | | - | delegate or town committee member or any referendum question; |
|---|
| 5055 | | - | (C) A commercially reasonable loan made on terms not more |
|---|
| 5056 | | - | favorable than loans made in the ordinary course of business; |
|---|
| 5057 | | - | (D) A gift received from (i) an individual's spouse, fiancé or fiancée, |
|---|
| 5058 | | - | (ii) the parent, grandparent, brother or sister of such spouse or such |
|---|
| 5059 | | - | individual, or (iii) the child of such individual or the spouse of such |
|---|
| 5060 | | - | child; |
|---|
| 5061 | | - | (E) Goods or services (i) that are provided to a state agency or quasi- |
|---|
| 5062 | | - | public agency (I) for use on state or quasi-public agency property, or (II) |
|---|
| 5063 | | - | that support an event or the participation by a public official or state |
|---|
| 5064 | | - | employee at an event, and (ii) that facilitate state or quasi-public agency |
|---|
| 5065 | | - | action or functions. As used in this subparagraph, "state property" House Bill No. 5523 |
|---|
| 5066 | | - | |
|---|
| 5067 | | - | Public Act No. 24-81 126 of 351 |
|---|
| 5068 | | - | |
|---|
| 5069 | | - | means property owned by the state or a quasi-public agency or property |
|---|
| 5070 | | - | leased to a state agency or quasi-public agency; |
|---|
| 5071 | | - | (F) A certificate, plaque or other ceremonial award costing less than |
|---|
| 5072 | | - | one hundred dollars; |
|---|
| 5073 | | - | (G) A rebate, discount or promotional item available to the general |
|---|
| 5074 | | - | public; |
|---|
| 5075 | | - | (H) Printed or recorded informational material germane to state |
|---|
| 5076 | | - | action or functions; |
|---|
| 5077 | | - | (I) Food or beverage or both, costing less than fifty dollars in the |
|---|
| 5078 | | - | aggregate per recipient in a calendar year, and consumed on an occasion |
|---|
| 5079 | | - | or occasions at which the person paying, directly or indirectly, for the |
|---|
| 5080 | | - | food or beverage, or his representative, is in attendance; |
|---|
| 5081 | | - | (J) Food or beverage or both, costing less than fifty dollars per person |
|---|
| 5082 | | - | and consumed at a publicly noticed legislative reception to which all |
|---|
| 5083 | | - | members of the General Assembly are invited and which is hosted not |
|---|
| 5084 | | - | more than once in any calendar year by a lobbyist or business |
|---|
| 5085 | | - | organization. For the purposes of such limit, (i) a reception hosted by a |
|---|
| 5086 | | - | lobbyist who is an individual shall be deemed to have also been hosted |
|---|
| 5087 | | - | by the business organization which such lobbyist owns or is employed |
|---|
| 5088 | | - | by, and (ii) a reception hosted by a business organization shall be |
|---|
| 5089 | | - | deemed to have also been hosted by all owners and employees of the |
|---|
| 5090 | | - | business organization who are lobbyists. In making the calculation for |
|---|
| 5091 | | - | the purposes of such fifty-dollar limit, the donor shall divide the amount |
|---|
| 5092 | | - | spent on food and beverage by the number of persons whom the donor |
|---|
| 5093 | | - | reasonably expects to attend the reception; |
|---|
| 5094 | | - | (K) Food or beverage or both, costing less than fifty dollars per person |
|---|
| 5095 | | - | and consumed at a publicly noticed reception to which all members of |
|---|
| 5096 | | - | the General Assembly from a region of the state are invited and which |
|---|
| 5097 | | - | is hosted not more than once in any calendar year by a lobbyist or House Bill No. 5523 |
|---|
| 5098 | | - | |
|---|
| 5099 | | - | Public Act No. 24-81 127 of 351 |
|---|
| 5100 | | - | |
|---|
| 5101 | | - | business organization. For the purposes of such limit, (i) a reception |
|---|
| 5102 | | - | hosted by a lobbyist who is an individual shall be deemed to have also |
|---|
| 5103 | | - | been hosted by the business organization which such lobbyist owns or |
|---|
| 5104 | | - | is employed by, and (ii) a reception hosted by a business organization |
|---|
| 5105 | | - | shall be deemed to have also been hosted by all owners and employees |
|---|
| 5106 | | - | of the business organization who are lobbyists. In making the |
|---|
| 5107 | | - | calculation for the purposes of such fifty-dollar limit, the donor shall |
|---|
| 5108 | | - | divide the amount spent on food and beverage by the number of |
|---|
| 5109 | | - | persons whom the donor reasonably expects to attend the reception. As |
|---|
| 5110 | | - | used in this subparagraph, "region of the state" means the established |
|---|
| 5111 | | - | geographic service area of the organization hosting the reception; |
|---|
| 5112 | | - | (L) A gift, including, but not limited to, food or beverage or both, |
|---|
| 5113 | | - | provided by an individual for the celebration of a major life event, |
|---|
| 5114 | | - | provided any such gift provided by an individual who is not a member |
|---|
| 5115 | | - | of the family of the recipient does not exceed one thousand dollars in |
|---|
| 5116 | | - | value; |
|---|
| 5117 | | - | (M) Gifts costing less than one hundred dollars in the aggregate or |
|---|
| 5118 | | - | food or beverage provided at a hospitality suite at a meeting or |
|---|
| 5119 | | - | conference of an interstate legislative association, by a person who is not |
|---|
| 5120 | | - | a registrant or is not doing business with the state of Connecticut; |
|---|
| 5121 | | - | (N) Admission to a charitable or civic event, including food and |
|---|
| 5122 | | - | beverage provided at such event, but excluding lodging or travel |
|---|
| 5123 | | - | expenses, at which a public official or state employee participates in his |
|---|
| 5124 | | - | or her official capacity, provided such admission is provided by the |
|---|
| 5125 | | - | primary sponsoring entity; |
|---|
| 5126 | | - | (O) Anything of value provided by an employer of (i) a public official, |
|---|
| 5127 | | - | (ii) a state employee, or (iii) a spouse of a public official or state |
|---|
| 5128 | | - | employee, to such official, employee or spouse, provided such benefits |
|---|
| 5129 | | - | are customarily and ordinarily provided to others in similar |
|---|
| 5130 | | - | circumstances; House Bill No. 5523 |
|---|
| 5131 | | - | |
|---|
| 5132 | | - | Public Act No. 24-81 128 of 351 |
|---|
| 5133 | | - | |
|---|
| 5134 | | - | (P) Anything having a value of not more than ten dollars, provided |
|---|
| 5135 | | - | the aggregate value of all things provided by a donor to a recipient |
|---|
| 5136 | | - | under this subdivision in any calendar year does not exceed fifty dollars; |
|---|
| 5137 | | - | (Q) Training that is provided by a vendor for a product purchased by |
|---|
| 5138 | | - | a state or quasi-public agency that is offered to all customers of such |
|---|
| 5139 | | - | vendor; |
|---|
| 5140 | | - | (R) Travel expenses, lodging, food, beverage and other benefits |
|---|
| 5141 | | - | customarily provided by a prospective employer, when provided to a |
|---|
| 5142 | | - | student at a public institution of higher education whose employment |
|---|
| 5143 | | - | is derived from such student's status as a student at such institution, in |
|---|
| 5144 | | - | connection with bona fide employment discussions; [or] |
|---|
| 5145 | | - | (S) Expenses of a public official, paid by the party committee of which |
|---|
| 5146 | | - | party such official is a member, for the purpose of accomplishing the |
|---|
| 5147 | | - | lawful purposes of the committee. As used in this subparagraph, "party |
|---|
| 5148 | | - | committee" has the same meaning as provided in subdivision (2) of |
|---|
| 5149 | | - | section 9-601 and "lawful purposes of the committee" has the same |
|---|
| 5150 | | - | meaning as provided in subsection (g) of section 9-607; or |
|---|
| 5151 | | - | (T) Travel expenses, lodging, food, beverage and other benefits |
|---|
| 5152 | | - | customarily provided in the course of employment, when provided to a |
|---|
| 5153 | | - | public member of the Investment Advisory Council established under |
|---|
| 5154 | | - | section 3-13b. |
|---|
| 5155 | | - | Sec. 87. Sections 10a-19e, 10a-19f, 10a-19i, 10a-162a, 10a-164b, 10a-167, |
|---|
| 5156 | | - | 10a-169b and 19a-7d of the general statutes are repealed. (Effective July |
|---|
| 5157 | | - | 1, 2024) |
|---|
| 5158 | | - | Sec. 88. Section 10a-19j of the 2024 supplement to the general statutes |
|---|
| 5159 | | - | is repealed. (Effective July 1, 2024) |
|---|
| 5160 | | - | Sec. 89. Section 15-31k of the general statutes is repealed and the |
|---|
| 5161 | | - | following is substituted in lieu thereof (Effective from passage): House Bill No. 5523 |
|---|
| 5162 | | - | |
|---|
| 5163 | | - | Public Act No. 24-81 129 of 351 |
|---|
| 5164 | | - | |
|---|
| 5165 | | - | On or before October 1, 2021, and quarterly thereafter, the executive |
|---|
| 5166 | | - | director of the Connecticut Port Authority shall submit a report |
|---|
| 5167 | | - | regarding the status of pending and current contracts, small harbor |
|---|
| 5168 | | - | projects and the construction project at the State Pier in the town of New |
|---|
| 5169 | | - | London to the joint standing committee of the General Assembly having |
|---|
| 5170 | | - | cognizance of matters relating to transportation, in accordance with the |
|---|
| 5171 | | - | provisions of section 11-4a. [The Commissioner of Administrative |
|---|
| 5172 | | - | Services and the Secretary of the Office of Policy and Management shall |
|---|
| 5173 | | - | jointly review and comment on each such report before such report is |
|---|
| 5174 | | - | submitted to the committee.] |
|---|
| 5175 | | - | Sec. 90. (Effective from passage) Wherever the words "executive |
|---|
| 5176 | | - | director of the Office of Health Strategy", "executive director" or |
|---|
| 5177 | | - | "director" are used to denote the executive director of the Office of |
|---|
| 5178 | | - | Health Strategy in any public act of the 2024 session, the words |
|---|
| 5179 | | - | "Commissioner of Health Strategy" or "commissioner" shall be |
|---|
| 5180 | | - | substituted in lieu thereof. |
|---|
| 5181 | | - | Sec. 91. (Effective from passage) Wherever the words "executive |
|---|
| 5182 | | - | director of the Office of Higher Education", "executive director" or |
|---|
| 5183 | | - | "director" are used to denote the executive director of the Office of |
|---|
| 5184 | | - | Higher Education in any public act of the 2024 session, the words |
|---|
| 5185 | | - | "Commissioner of Higher Education" or "commissioner" shall be |
|---|
| 5186 | | - | substituted in lieu thereof. |
|---|
| 5187 | | - | Sec. 92. Subsection (c) of section 4-28e of the general statutes is |
|---|
| 5188 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 5189 | | - | 2024): |
|---|
| 5190 | | - | (c) Commencing with the fiscal year ending June 30, 2023, annual |
|---|
| 5191 | | - | disbursements from the Tobacco Settlement Fund shall be made as |
|---|
| 5192 | | - | follows: (1) To the Tobacco and Health Trust Fund in an amount equal |
|---|
| 5193 | | - | to twelve million dollars; and (2) the remainder to the General Fund; |
|---|
| 5194 | | - | except that for the fiscal year ending June 30, 2025, the annual House Bill No. 5523 |
|---|
| 5195 | | - | |
|---|
| 5196 | | - | Public Act No. 24-81 130 of 351 |
|---|
| 5197 | | - | |
|---|
| 5198 | | - | disbursement from the Tobacco Settlement Fund shall be made to the |
|---|
| 5199 | | - | General Fund. |
|---|
| 5200 | | - | Sec. 93. Subsection (c) of section 17b-274 of the general statutes is |
|---|
| 5201 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 5202 | | - | 2024): |
|---|
| 5203 | | - | (c) The Commissioner of Social Services shall implement a procedure |
|---|
| 5204 | | - | by which a pharmacist shall obtain approval from an independent |
|---|
| 5205 | | - | pharmacy consultant acting on behalf of the Department of Social |
|---|
| 5206 | | - | Services, under an administrative services only contract, whenever the |
|---|
| 5207 | | - | pharmacist dispenses a brand name drug product to a medical |
|---|
| 5208 | | - | assistance recipient and a chemically equivalent generic drug product |
|---|
| 5209 | | - | substitution is available. The length of authorization for brand name |
|---|
| 5210 | | - | drugs shall be in accordance with section 17b-491a. In cases where the |
|---|
| 5211 | | - | brand name drug is less costly than the chemically equivalent generic |
|---|
| 5212 | | - | drug when factoring in manufacturers' rebates, the pharmacist shall |
|---|
| 5213 | | - | dispense the brand name drug. If such approval is not granted or denied |
|---|
| 5214 | | - | within [two] twenty-four hours of receipt by the commissioner of the |
|---|
| 5215 | | - | request for approval, it shall be deemed granted. Notwithstanding any |
|---|
| 5216 | | - | provision of this section, a pharmacist shall not dispense any initial |
|---|
| 5217 | | - | maintenance drug prescription for which there is a chemically |
|---|
| 5218 | | - | equivalent generic substitution that is for less than fifteen days without |
|---|
| 5219 | | - | the department's granting of prior authorization, provided prior |
|---|
| 5220 | | - | authorization shall not otherwise be required for atypical antipsychotic |
|---|
| 5221 | | - | drugs if the individual is currently taking such drug at the time the |
|---|
| 5222 | | - | pharmacist receives the prescription. The pharmacist may appeal a |
|---|
| 5223 | | - | denial of reimbursement to the department based on the failure of such |
|---|
| 5224 | | - | pharmacist to substitute a generic drug product in accordance with this |
|---|
| 5225 | | - | section. |
|---|
| 5226 | | - | Sec. 94. Subsection (b) of section 17b-491a of the general statutes is |
|---|
| 5227 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 5228 | | - | 2024): House Bill No. 5523 |
|---|
| 5229 | | - | |
|---|
| 5230 | | - | Public Act No. 24-81 131 of 351 |
|---|
| 5231 | | - | |
|---|
| 5232 | | - | (b) When prior authorization is required for coverage of a |
|---|
| 5233 | | - | prescription drug under a medical assistance program administered by |
|---|
| 5234 | | - | the Department of Social Services and a pharmacist is unable to obtain |
|---|
| 5235 | | - | the prescribing physician's authorization at the time the prescription is |
|---|
| 5236 | | - | presented to be filled, the pharmacist shall dispense a one-time |
|---|
| 5237 | | - | fourteen-day supply. The commissioner shall process a prior |
|---|
| 5238 | | - | authorization request from a physician or pharmacist not later than |
|---|
| 5239 | | - | [two] twenty-four hours after the commissioner's receipt of the request. |
|---|
| 5240 | | - | If prior authorization is not granted or denied within [two] twenty-four |
|---|
| 5241 | | - | hours of receipt by the commissioner of the request for prior |
|---|
| 5242 | | - | authorization, it shall be deemed granted. |
|---|
| 5243 | | - | Sec. 95. Subsection (b) of section 4-28e of the general statutes is |
|---|
| 5244 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 5245 | | - | 2025): |
|---|
| 5246 | | - | (b) (1) The Treasurer is authorized to invest all or any part of the |
|---|
| 5247 | | - | Tobacco Settlement Fund [,] and all or any part of the Tobacco and |
|---|
| 5248 | | - | Health Trust Fund created [in] under section 4-28f. [and all or any part |
|---|
| 5249 | | - | of the Biomedical Research Trust Fund created in section 19a-32c.] The |
|---|
| 5250 | | - | interest derived from any such investment shall be credited to the |
|---|
| 5251 | | - | resources of the fund from which the investment was made. |
|---|
| 5252 | | - | (2) Notwithstanding sections 3-13 to 3-13h, inclusive, the Treasurer |
|---|
| 5253 | | - | shall invest the amounts on deposit in the Tobacco Settlement Fund [,] |
|---|
| 5254 | | - | and the Tobacco and Health Trust Fund [and the Biomedical Research |
|---|
| 5255 | | - | Trust Fund] in a manner reasonable and appropriate to achieve the |
|---|
| 5256 | | - | objectives of such funds, exercising the discretion and care of a prudent |
|---|
| 5257 | | - | person in similar circumstances with similar objectives. The Treasurer |
|---|
| 5258 | | - | shall give due consideration to rate of return, risk, term or maturity, |
|---|
| 5259 | | - | diversification of the total portfolio within such funds, liquidity, the |
|---|
| 5260 | | - | projected disbursements and expenditures, and the expected payments, |
|---|
| 5261 | | - | deposits, contributions and gifts to be received. The Treasurer shall not |
|---|
| 5262 | | - | be required to invest such funds directly in obligations of the state or House Bill No. 5523 |
|---|
| 5263 | | - | |
|---|
| 5264 | | - | Public Act No. 24-81 132 of 351 |
|---|
| 5265 | | - | |
|---|
| 5266 | | - | any political subdivision of the state or in any investment or other fund |
|---|
| 5267 | | - | administered by the Treasurer. The assets of such funds shall be |
|---|
| 5268 | | - | continuously invested and reinvested in a manner consistent with the |
|---|
| 5269 | | - | objectives of such funds until disbursed in accordance with this section |
|---|
| 5270 | | - | [,] or section 4-28f. [or section 19a-32c.] |
|---|
| 5271 | | - | Sec. 96. (Effective from passage) Not later than June 30, 2025, the |
|---|
| 5272 | | - | Comptroller shall transfer the balance remaining in the Biomedical |
|---|
| 5273 | | - | Research Trust Fund, created pursuant to section 19a-32c of the general |
|---|
| 5274 | | - | statutes, to the General Fund. |
|---|
| 5275 | | - | Sec. 97. Section 19a-32c of the general statutes is repealed. (Effective |
|---|
| 5276 | | - | July 1, 2025) |
|---|
| 5277 | | - | Sec. 98. Section 19a-186a of the general statutes is repealed and the |
|---|
| 5278 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 5279 | | - | (a) Any individual employed on June 30, 2010, as a regional |
|---|
| 5280 | | - | emergency medical services coordinator or as an assistant regional |
|---|
| 5281 | | - | emergency medical services coordinator shall be offered an unclassified |
|---|
| 5282 | | - | durational position within the Department of Public Health for the |
|---|
| 5283 | | - | period from July 1, 2010, to June 30, 2011, inclusive, provided no more |
|---|
| 5284 | | - | than five unclassified durational positions shall be created. Within |
|---|
| 5285 | | - | available appropriations, such unclassified durational positions may be |
|---|
| 5286 | | - | extended beyond June 30, 2011. The Commissioner of Administrative |
|---|
| 5287 | | - | Services shall establish job classifications and salaries for such positions |
|---|
| 5288 | | - | in accordance with the provisions of section 4-40. Any such created |
|---|
| 5289 | | - | positions shall be exempt from collective bargaining requirements and |
|---|
| 5290 | | - | no individual appointed to such position shall have reemployment or |
|---|
| 5291 | | - | any other rights that may have been extended to unclassified employees |
|---|
| 5292 | | - | under a State Employees' Bargaining Agent Coalition agreement. |
|---|
| 5293 | | - | Individuals employed in such unclassified durational positions shall be |
|---|
| 5294 | | - | located at the offices of the Department of Public Health. In no event |
|---|
| 5295 | | - | shall an individual employed in an unclassified durational position House Bill No. 5523 |
|---|
| 5296 | | - | |
|---|
| 5297 | | - | Public Act No. 24-81 133 of 351 |
|---|
| 5298 | | - | |
|---|
| 5299 | | - | pursuant to this section receive credit for any purpose for services |
|---|
| 5300 | | - | performed prior to July 1, 2010. |
|---|
| 5301 | | - | (b) On and after June 30, 2024, the Commissioner of Administrative |
|---|
| 5302 | | - | Services, in consultation with the Commissioner of Public Health, shall |
|---|
| 5303 | | - | transition the regional emergency medical services coordinator and |
|---|
| 5304 | | - | assistant regional emergency medical services coordinator positions |
|---|
| 5305 | | - | and incumbents into the classified service. To the extent such employees |
|---|
| 5306 | | - | are performing jobs which would normally be within a current |
|---|
| 5307 | | - | executive branch bargaining unit, such jobs shall be added to the unit |
|---|
| 5308 | | - | descriptions of such bargaining unit and employees in those jobs shall |
|---|
| 5309 | | - | be deemed part of such unit. |
|---|
| 5310 | | - | Sec. 99. (NEW) (Effective from passage) (a) For purposes of this section, |
|---|
| 5311 | | - | "state agency" has the same meaning as provided in section 4-67n of the |
|---|
| 5312 | | - | general statutes. Any person requesting data, records or files that have |
|---|
| 5313 | | - | been shared by one state agency with another state agency pursuant to |
|---|
| 5314 | | - | any statute, regulation, data sharing agreement, memorandum of |
|---|
| 5315 | | - | agreement or understanding or court order, including, but not limited |
|---|
| 5316 | | - | to, a request made pursuant to the Freedom of Information Act, as |
|---|
| 5317 | | - | defined in section 1-200 of the general statutes, shall direct such request |
|---|
| 5318 | | - | to the state agency from which such data, records or files originated. |
|---|
| 5319 | | - | (b) Notwithstanding the provisions of chapter 14 of the general |
|---|
| 5320 | | - | statutes, if a state agency that is not the originating state agency receives |
|---|
| 5321 | | - | a request for data, records or files as described in subsection (a) of this |
|---|
| 5322 | | - | section, such state agency shall (1) promptly refer such request to the |
|---|
| 5323 | | - | state agency from which such data, records or files originated, and (2) |
|---|
| 5324 | | - | notify, in writing, the person who submitted the request for such data, |
|---|
| 5325 | | - | records or files that such request has been referred to the originating |
|---|
| 5326 | | - | state agency. Such written notification shall include the name, address |
|---|
| 5327 | | - | and telephone number of the originating state agency and the date on |
|---|
| 5328 | | - | which the referral was made to the originating state agency. House Bill No. 5523 |
|---|
| 5329 | | - | |
|---|
| 5330 | | - | Public Act No. 24-81 134 of 351 |
|---|
| 5331 | | - | |
|---|
| 5332 | | - | (c) Nothing in this section shall be construed to require the disclosure |
|---|
| 5333 | | - | of any data, records or files if the disclosure of such data, records or files |
|---|
| 5334 | | - | would not have been required had the request been made directly to the |
|---|
| 5335 | | - | state agency from which such data, records or files originated. |
|---|
| 5336 | | - | (d) The provisions of this section shall not apply to requests for any |
|---|
| 5337 | | - | data that is subject to the provisions of subsection (b) of section 54-142r |
|---|
| 5338 | | - | of the general statutes. |
|---|
| 5339 | | - | Sec. 100. Subsection (c) of section 3-70a of the general statutes is |
|---|
| 5340 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 5341 | | - | 2024): |
|---|
| 5342 | | - | (c) (1) (A) No agreement entered into prior to January 1, 2023, to |
|---|
| 5343 | | - | locate property shall be valid if: (i) Such agreement is entered into (I) |
|---|
| 5344 | | - | within two years after the date a report of unclaimed property is |
|---|
| 5345 | | - | required to be filed under section 3-65a, or (II) between the date such a |
|---|
| 5346 | | - | report is required to be filed under said section and the date it is filed |
|---|
| 5347 | | - | under said section, whichever period is longer; (ii) such agreement is |
|---|
| 5348 | | - | entered into within two years after the date of posting of the notice |
|---|
| 5349 | | - | required by section 3-66a; or (iii) pursuant to such agreement, any |
|---|
| 5350 | | - | person undertakes to locate property included in a report of unclaimed |
|---|
| 5351 | | - | property that is required to be filed under section 3-65a for a fee or other |
|---|
| 5352 | | - | compensation exceeding ten per cent of the value of the recoverable |
|---|
| 5353 | | - | property. |
|---|
| 5354 | | - | (B) No agreement entered into on or after January 1, 2023, to locate |
|---|
| 5355 | | - | property shall be valid if: (i) Such agreement is entered into (I) within |
|---|
| 5356 | | - | two years after the date a report of unclaimed property is required to be |
|---|
| 5357 | | - | filed under section 3-65a, or (II) between the date such a report is |
|---|
| 5358 | | - | required to be filed under said section and the date it is filed under said |
|---|
| 5359 | | - | section, whichever period is longer; or (ii) pursuant to such agreement, |
|---|
| 5360 | | - | any person undertakes to locate property included in a report of |
|---|
| 5361 | | - | unclaimed property that is required to be filed under section 3-65a for a House Bill No. 5523 |
|---|
| 5362 | | - | |
|---|
| 5363 | | - | Public Act No. 24-81 135 of 351 |
|---|
| 5364 | | - | |
|---|
| 5365 | | - | fee or other compensation exceeding ten per cent of the value of the |
|---|
| 5366 | | - | recoverable property. |
|---|
| 5367 | | - | (2) [An] (A) In addition to the requirements set forth in subparagraph |
|---|
| 5368 | | - | (B) of subdivision (1) of this subsection, an agreement entered into prior |
|---|
| 5369 | | - | to January 1, 2025, to locate property shall be valid only if it is in writing, |
|---|
| 5370 | | - | is signed by the owner [,] and discloses the nature and value of the |
|---|
| 5371 | | - | property, and the owner's share after the fee or compensation has been |
|---|
| 5372 | | - | subtracted is clearly stipulated. [Nothing in this section shall be |
|---|
| 5373 | | - | construed to prevent an owner from asserting, at any time, that any |
|---|
| 5374 | | - | agreement to locate property is based upon excessive or unjust |
|---|
| 5375 | | - | consideration.] |
|---|
| 5376 | | - | (B) In addition to the requirements set forth in subparagraph (B) of |
|---|
| 5377 | | - | subdivision (1) of this subsection, an agreement entered into on or after |
|---|
| 5378 | | - | January 1, 2025, to locate property shall be valid only if such agreement |
|---|
| 5379 | | - | is in writing, is signed by the owner and clearly and conspicuously |
|---|
| 5380 | | - | discloses (i) the nature and value of the property, (ii) the owner's share |
|---|
| 5381 | | - | after the fee or compensation has been subtracted from such value, and |
|---|
| 5382 | | - | (iii) that the owner may file a claim directly with the Treasurer at no cost |
|---|
| 5383 | | - | and the method through which such claim may be filed. |
|---|
| 5384 | | - | (3) Any solicitation made to locate unclaimed property shall clearly |
|---|
| 5385 | | - | and conspicuously disclose in a written statement that (A) any |
|---|
| 5386 | | - | individual may search for and file a claim for such property directly |
|---|
| 5387 | | - | with the Treasurer at no cost, and (B) the method through which such |
|---|
| 5388 | | - | claim may be filed. |
|---|
| 5389 | | - | (4) Any claim for unclaimed property filed with the Treasurer |
|---|
| 5390 | | - | pursuant to an agreement or solicitation under this subsection, shall |
|---|
| 5391 | | - | include an unredacted version of any such agreement or solicitation to |
|---|
| 5392 | | - | permit the Treasurer to determine whether such agreement or |
|---|
| 5393 | | - | solicitation complies with the requirements of this subsection. House Bill No. 5523 |
|---|
| 5394 | | - | |
|---|
| 5395 | | - | Public Act No. 24-81 136 of 351 |
|---|
| 5396 | | - | |
|---|
| 5397 | | - | (5) The Treasurer may withhold payment of a claim for unclaimed |
|---|
| 5398 | | - | property to anyone other than the owner (A) for failure to comply with |
|---|
| 5399 | | - | the requirements of subdivision (4) of this subsection, or (B) if the |
|---|
| 5400 | | - | Treasurer determines that the solicitation or agreement to locate |
|---|
| 5401 | | - | unclaimed property does not comply with any other requirement of this |
|---|
| 5402 | | - | section. |
|---|
| 5403 | | - | (6) Nothing in this section shall be construed to prevent an owner |
|---|
| 5404 | | - | from asserting, at any time, that an agreement to locate or to otherwise |
|---|
| 5405 | | - | obtain an interest in unclaimed property is based upon excessive or |
|---|
| 5406 | | - | unjust consideration. |
|---|
| 5407 | | - | Sec. 101. Subsection (c) of section 38a-511 of the general statutes is |
|---|
| 5408 | | - | repealed and the following is substituted in lieu thereof (Effective January |
|---|
| 5409 | | - | 1, 2025): |
|---|
| 5410 | | - | (c) The provisions of subsections (a) and (b) of this section shall not |
|---|
| 5411 | | - | apply to a high deductible health plan as that term is used in subsection |
|---|
| 5412 | | - | (f) of section 38a-493 and a copayment-only health plan. For purposes |
|---|
| 5413 | | - | of this section, "copayment-only health plan" means a health plan that |
|---|
| 5414 | | - | imposes a specific dollar amount to be paid by the insured for a health |
|---|
| 5415 | | - | care service or prescription drug paid for or reimbursed by such health |
|---|
| 5416 | | - | plan. "Copayment-only health plan" does not include deductibles or |
|---|
| 5417 | | - | coinsurance. |
|---|
| 5418 | | - | Sec. 102. Section 38a-511a of the general statutes is repealed and the |
|---|
| 5419 | | - | following is substituted in lieu thereof (Effective January 1, 2025): |
|---|
| 5420 | | - | No individual health insurance policy providing coverage of the type |
|---|
| 5421 | | - | specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 |
|---|
| 5422 | | - | delivered, issued for delivery, renewed, amended or continued in this |
|---|
| 5423 | | - | state shall impose copayments that exceed a maximum of thirty dollars |
|---|
| 5424 | | - | per visit for in-network (1) physical therapy services rendered by a |
|---|
| 5425 | | - | physical therapist licensed under section 20-73, or (2) occupational House Bill No. 5523 |
|---|
| 5426 | | - | |
|---|
| 5427 | | - | Public Act No. 24-81 137 of 351 |
|---|
| 5428 | | - | |
|---|
| 5429 | | - | therapy services rendered by an occupational therapist licensed under |
|---|
| 5430 | | - | section 20-74b or 20-74c. The provisions of this section shall not apply to |
|---|
| 5431 | | - | a copayment-only health plan as that term is used in subsection (c) of |
|---|
| 5432 | | - | section 38a-511. |
|---|
| 5433 | | - | Sec. 103. Subsection (c) of section 38a-550 of the general statutes is |
|---|
| 5434 | | - | repealed and the following is substituted in lieu thereof (Effective January |
|---|
| 5435 | | - | 1, 2025): |
|---|
| 5436 | | - | (c) The provisions of subsections (a) and (b) of this section shall not |
|---|
| 5437 | | - | apply to a high deductible health plan as that term is used in subsection |
|---|
| 5438 | | - | (f) of section 38a-520 and a copayment-only health plan as that term is |
|---|
| 5439 | | - | used in subsection (c) of section 38a-511. |
|---|
| 5440 | | - | Sec. 104. Section 38a-550a of the general statutes is repealed and the |
|---|
| 5441 | | - | following is substituted in lieu thereof (Effective January 1, 2025): |
|---|
| 5442 | | - | No group health insurance policy providing coverage of the type |
|---|
| 5443 | | - | specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 |
|---|
| 5444 | | - | delivered, issued for delivery, renewed, amended or continued in this |
|---|
| 5445 | | - | state shall impose copayments that exceed a maximum of thirty dollars |
|---|
| 5446 | | - | per visit for in-network (1) physical therapy services rendered by a |
|---|
| 5447 | | - | physical therapist licensed under section 20-73, or (2) occupational |
|---|
| 5448 | | - | therapy services rendered by an occupational therapist licensed under |
|---|
| 5449 | | - | section 20-74b or 20-74c. The provisions of this section shall not apply to |
|---|
| 5450 | | - | a copayment-only health plan as that term is used in subsection (c) of |
|---|
| 5451 | | - | section 38a-511. |
|---|
| 5452 | | - | Sec. 105. Section 17b-342 of the general statutes, as amended by |
|---|
| 5453 | | - | section 10 of public act 24-39, is repealed and the following is substituted |
|---|
| 5454 | | - | in lieu thereof (Effective July 1, 2024): |
|---|
| 5455 | | - | (a) The Commissioner of Social Services shall administer the |
|---|
| 5456 | | - | Connecticut home-care program for the elderly state-wide in order to |
|---|
| 5457 | | - | prevent the institutionalization of elderly persons who (1) are recipients House Bill No. 5523 |
|---|
| 5458 | | - | |
|---|
| 5459 | | - | Public Act No. 24-81 138 of 351 |
|---|
| 5460 | | - | |
|---|
| 5461 | | - | of medical assistance, (2) are eligible for such assistance, (3) would be |
|---|
| 5462 | | - | eligible for medical assistance if residing in a nursing facility, or (4) meet |
|---|
| 5463 | | - | the criteria for the state-funded portion of the program under subsection |
|---|
| 5464 | | - | (j) of this section. For purposes of this section, "long-term care facility" |
|---|
| 5465 | | - | means a facility that has been federally certified as a skilled nursing |
|---|
| 5466 | | - | facility or intermediate care facility. The commissioner shall make any |
|---|
| 5467 | | - | revisions in the state Medicaid plan required by Title XIX of the Social |
|---|
| 5468 | | - | Security Act prior to implementing the program. The program shall be |
|---|
| 5469 | | - | structured so that the net cost to the state for long-term facility care in |
|---|
| 5470 | | - | combination with the services under the program shall not exceed the |
|---|
| 5471 | | - | net cost the state would have incurred without the program. The |
|---|
| 5472 | | - | commissioner shall investigate the possibility of receiving federal funds |
|---|
| 5473 | | - | for the program and shall apply for any necessary federal waivers. A |
|---|
| 5474 | | - | recipient of services under the program, and the estate and legally liable |
|---|
| 5475 | | - | relatives of the recipient, shall be responsible for reimbursement to the |
|---|
| 5476 | | - | state for such services to the same extent required of a recipient of |
|---|
| 5477 | | - | assistance under the state supplement program, medical assistance |
|---|
| 5478 | | - | program, temporary family assistance program or supplemental |
|---|
| 5479 | | - | nutrition assistance program. Only a United States citizen or a |
|---|
| 5480 | | - | noncitizen who meets the citizenship requirements for eligibility under |
|---|
| 5481 | | - | the Medicaid program shall be eligible for home-care services under this |
|---|
| 5482 | | - | section, except a qualified alien, as defined in Section 431 of Public Law |
|---|
| 5483 | | - | 104-193, admitted into the United States on or after August 22, 1996, or |
|---|
| 5484 | | - | other lawfully residing immigrant alien determined eligible for services |
|---|
| 5485 | | - | under this section prior to July 1, 1997, shall remain eligible for such |
|---|
| 5486 | | - | services. Qualified aliens or other lawfully residing immigrant aliens |
|---|
| 5487 | | - | not determined eligible prior to July 1, 1997, shall be eligible for services |
|---|
| 5488 | | - | under this section subsequent to six months from establishing |
|---|
| 5489 | | - | residency. Notwithstanding the provisions of this subsection, any |
|---|
| 5490 | | - | qualified alien or other lawfully residing immigrant alien or alien who |
|---|
| 5491 | | - | formerly held the status of permanently residing under color of law who |
|---|
| 5492 | | - | is a victim of domestic violence or who has intellectual disability shall |
|---|
| 5493 | | - | be eligible for assistance pursuant to this section. Qualified aliens, as House Bill No. 5523 |
|---|
| 5494 | | - | |
|---|
| 5495 | | - | Public Act No. 24-81 139 of 351 |
|---|
| 5496 | | - | |
|---|
| 5497 | | - | defined in Section 431 of Public Law 104-193, or other lawfully residing |
|---|
| 5498 | | - | immigrant aliens or aliens who formerly held the status of permanently |
|---|
| 5499 | | - | residing under color of law shall be eligible for services under this |
|---|
| 5500 | | - | section provided other conditions of eligibility are met. |
|---|
| 5501 | | - | (b) The commissioner shall solicit bids through a competitive process |
|---|
| 5502 | | - | and shall contract with an access agency, approved by the Office of |
|---|
| 5503 | | - | Policy and Management and the Department of Social Services as |
|---|
| 5504 | | - | meeting the requirements for such agency as defined by regulations |
|---|
| 5505 | | - | adopted pursuant to subsection (m) of this section, that submits |
|---|
| 5506 | | - | proposals that meet or exceed the minimum bid requirements. In |
|---|
| 5507 | | - | addition to such contracts, the commissioner may use department staff |
|---|
| 5508 | | - | to provide screening, coordination, assessment and monitoring |
|---|
| 5509 | | - | functions for the program. |
|---|
| 5510 | | - | (c) The community-based services covered under the program shall |
|---|
| 5511 | | - | include, but not be limited to, services not otherwise available under the |
|---|
| 5512 | | - | state Medicaid plan: (1) Occupational therapy, (2) homemaker services, |
|---|
| 5513 | | - | (3) companion services, (4) meals on wheels, (5) adult day care, (6) |
|---|
| 5514 | | - | transportation, (7) mental health counseling, (8) care management, (9) |
|---|
| 5515 | | - | elderly foster care, (10) minor home modifications, and (11) assisted |
|---|
| 5516 | | - | living services provided in state-funded congregate housing and in |
|---|
| 5517 | | - | other assisted living pilot or demonstration projects established under |
|---|
| 5518 | | - | state law. Personal care assistance services shall be covered under the |
|---|
| 5519 | | - | program to the extent that (A) such services are not available under the |
|---|
| 5520 | | - | Medicaid state plan and are more cost effective on an individual client |
|---|
| 5521 | | - | basis than existing services covered under such plan, and (B) the |
|---|
| 5522 | | - | provision of such services is approved by the federal government. |
|---|
| 5523 | | - | Recipients of state-funded services, pursuant to subsection (i) of this |
|---|
| 5524 | | - | section, and persons who are determined to be functionally eligible for |
|---|
| 5525 | | - | community-based services who have an application for medical |
|---|
| 5526 | | - | assistance pending, or are determined to be presumptively eligible for |
|---|
| 5527 | | - | Medicaid pursuant to subsection (e) of this section, shall have the cost House Bill No. 5523 |
|---|
| 5528 | | - | |
|---|
| 5529 | | - | Public Act No. 24-81 140 of 351 |
|---|
| 5530 | | - | |
|---|
| 5531 | | - | of home health and community-based services covered by the program, |
|---|
| 5532 | | - | provided they comply with all medical assistance application |
|---|
| 5533 | | - | requirements. Access agencies shall not use department funds to |
|---|
| 5534 | | - | purchase community-based services or home health services from |
|---|
| 5535 | | - | themselves or any related parties. |
|---|
| 5536 | | - | (d) Physicians, hospitals, long-term care facilities and other licensed |
|---|
| 5537 | | - | health care facilities may disclose, and, as a condition of eligibility for |
|---|
| 5538 | | - | the program, elderly persons, their guardians, and relatives shall |
|---|
| 5539 | | - | disclose, upon request from the Department of Social Services, such |
|---|
| 5540 | | - | financial, social and medical information as may be necessary to enable |
|---|
| 5541 | | - | the department or any agency administering the program on behalf of |
|---|
| 5542 | | - | the department to provide services under the program. Long-term care |
|---|
| 5543 | | - | facilities shall supply the Department of Social Services with the names |
|---|
| 5544 | | - | and addresses of all applicants for admission. Any information |
|---|
| 5545 | | - | provided pursuant to this subsection shall be confidential and shall not |
|---|
| 5546 | | - | be disclosed by the department or administering agency. |
|---|
| 5547 | | - | (e) (1) The Commissioner of Social Services shall, subject to the |
|---|
| 5548 | | - | provisions of subdivisions (2) and (3) of this subsection, establish a |
|---|
| 5549 | | - | presumptive Medicaid eligibility system under which the state shall |
|---|
| 5550 | | - | fund services under the Connecticut home-care program for the elderly |
|---|
| 5551 | | - | for a period of not longer than ninety days for applicants who require a |
|---|
| 5552 | | - | skilled level of nursing care and who are determined to be |
|---|
| 5553 | | - | presumptively eligible for Medicaid coverage. The system shall include, |
|---|
| 5554 | | - | but need not be limited to: (A) The development of a preliminary |
|---|
| 5555 | | - | screening tool by the Department of Social Services to be used by |
|---|
| 5556 | | - | representatives of the access agency selected pursuant to subsection (b) |
|---|
| 5557 | | - | of this section to determine whether an applicant is functionally able to |
|---|
| 5558 | | - | live at home or in a community setting and is likely to be financially |
|---|
| 5559 | | - | eligible for Medicaid; (B) a requirement that the applicant complete a |
|---|
| 5560 | | - | Medicaid application on the date such applicant is preliminarily |
|---|
| 5561 | | - | screened for functional eligibility or not later than ten days after such House Bill No. 5523 |
|---|
| 5562 | | - | |
|---|
| 5563 | | - | Public Act No. 24-81 141 of 351 |
|---|
| 5564 | | - | |
|---|
| 5565 | | - | screening; (C) a determination of presumptive eligibility for eligible |
|---|
| 5566 | | - | applicants by the department and [initiation of home care services] |
|---|
| 5567 | | - | approval of a care plan authorizing home care services not later than ten |
|---|
| 5568 | | - | days after an applicant is successfully screened for eligibility; and (D) a |
|---|
| 5569 | | - | written agreement to be signed by the applicant (i) attesting to the |
|---|
| 5570 | | - | accuracy of financial and other information such applicant provides, |
|---|
| 5571 | | - | [and] (ii) acknowledging that the state shall solely fund services not |
|---|
| 5572 | | - | longer than ninety days after the date on which home care services |
|---|
| 5573 | | - | begin, and (iii) waiving any right to receive continued coverage while |
|---|
| 5574 | | - | awaiting a hearing that is requested in response to the department's |
|---|
| 5575 | | - | determination during or at the end of the presumptive period of |
|---|
| 5576 | | - | eligibility that (I) the applicant is not eligible for Medicaid or (II) the |
|---|
| 5577 | | - | applicant failed to provide information necessary to allow the |
|---|
| 5578 | | - | department to make an eligibility determination. The department shall |
|---|
| 5579 | | - | make a final determination as to Medicaid eligibility for applicants |
|---|
| 5580 | | - | determined to be presumptively eligible for Medicaid coverage not later |
|---|
| 5581 | | - | than [forty-five days after the date of receipt of a completed Medicaid |
|---|
| 5582 | | - | application from such applicant, provided the department may make |
|---|
| 5583 | | - | such determination not later than ninety days after receipt of the |
|---|
| 5584 | | - | application if the applicant has disabilities] the end of the ninety-day |
|---|
| 5585 | | - | period of presumptive eligibility. The department may make such |
|---|
| 5586 | | - | determination prior to the end of such ninety-day period if it receives |
|---|
| 5587 | | - | information indicating that the applicant is not eligible for Medicaid. |
|---|
| 5588 | | - | (2) To the extent permitted by federal law, the commissioner shall |
|---|
| 5589 | | - | seek any federal waiver or amend the Medicaid state plan as necessary |
|---|
| 5590 | | - | to attempt to secure federal reimbursement for the costs of providing |
|---|
| 5591 | | - | coverage to persons determined to be presumptively eligible for |
|---|
| 5592 | | - | Medicaid coverage. The provisions of this subsection and any other |
|---|
| 5593 | | - | provision of this section relating to the establishment of a presumptive |
|---|
| 5594 | | - | Medicaid eligibility system, including, but not limited to, such |
|---|
| 5595 | | - | provisions located in subsections (c), (g) and (m), shall not be effective |
|---|
| 5596 | | - | until the commissioner secures such federal reimbursement through a House Bill No. 5523 |
|---|
| 5597 | | - | |
|---|
| 5598 | | - | Public Act No. 24-81 142 of 351 |
|---|
| 5599 | | - | |
|---|
| 5600 | | - | federal waiver or Medicaid state plan amendment. |
|---|
| 5601 | | - | (3) Not less than two years after the date of the establishment of a |
|---|
| 5602 | | - | presumptive Medicaid eligibility system pursuant to the provisions of |
|---|
| 5603 | | - | this subsection, the commissioner may, in the commissioner's |
|---|
| 5604 | | - | discretion, discontinue the system if the commissioner determines that |
|---|
| 5605 | | - | the system is not cost effective. |
|---|
| 5606 | | - | (f) The commissioner may require long-term care facilities to inform |
|---|
| 5607 | | - | applicants for admission of the Connecticut home-care program for the |
|---|
| 5608 | | - | elderly established under this section and to distribute such forms as the |
|---|
| 5609 | | - | commissioner prescribes for the program. Such forms shall be supplied |
|---|
| 5610 | | - | by and be returnable to the department. |
|---|
| 5611 | | - | (g) The commissioner shall report annually, by June first, in |
|---|
| 5612 | | - | accordance with the provisions of section 11-4a, to the joint standing |
|---|
| 5613 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 5614 | | - | relating to human services on the Connecticut home-care program for |
|---|
| 5615 | | - | the elderly in such detail, depth and scope as said committee requires to |
|---|
| 5616 | | - | evaluate the effect of the program on the state and program participants. |
|---|
| 5617 | | - | Such report shall include information on (1) the number of persons |
|---|
| 5618 | | - | diverted from placement in a long-term care facility as a result of the |
|---|
| 5619 | | - | program, (2) the number of persons screened for the program, (3) the |
|---|
| 5620 | | - | number of persons determined presumptively eligible for Medicaid, (4) |
|---|
| 5621 | | - | savings for the state based on institutional care costs that were averted |
|---|
| 5622 | | - | for persons determined to be presumptively eligible for Medicaid who |
|---|
| 5623 | | - | later were determined to be eligible for Medicaid, (5) the number of |
|---|
| 5624 | | - | persons determined presumptively eligible for Medicaid who later were |
|---|
| 5625 | | - | determined not to be eligible for Medicaid and costs to the state to |
|---|
| 5626 | | - | provide such persons with home care services before the final Medicaid |
|---|
| 5627 | | - | eligibility determination, (6) the average cost per person in the program, |
|---|
| 5628 | | - | (7) the administration costs, (8) the estimated savings to provide home |
|---|
| 5629 | | - | care versus institutional care for all persons in the program, and (9) a |
|---|
| 5630 | | - | comparison between costs under the different contracts for program House Bill No. 5523 |
|---|
| 5631 | | - | |
|---|
| 5632 | | - | Public Act No. 24-81 143 of 351 |
|---|
| 5633 | | - | |
|---|
| 5634 | | - | services. |
|---|
| 5635 | | - | (h) An individual who is otherwise eligible for services pursuant to |
|---|
| 5636 | | - | this section shall, as a condition of participation in the program, apply |
|---|
| 5637 | | - | for medical assistance benefits when requested to do so by the |
|---|
| 5638 | | - | department and shall accept such benefits if determined eligible. |
|---|
| 5639 | | - | (i) (1) The Commissioner of Social Services shall, within available |
|---|
| 5640 | | - | appropriations, administer a state-funded portion of the Connecticut |
|---|
| 5641 | | - | home-care program for the elderly for persons (A) who are sixty-five |
|---|
| 5642 | | - | years of age and older and are not eligible for Medicaid; (B) who are |
|---|
| 5643 | | - | inappropriately institutionalized or at risk of inappropriate |
|---|
| 5644 | | - | institutionalization; (C) whose income is less than or equal to the |
|---|
| 5645 | | - | amount allowed for a person who would be eligible for medical |
|---|
| 5646 | | - | assistance if residing in a nursing facility; and (D) whose assets, if single, |
|---|
| 5647 | | - | do not exceed one hundred fifty per cent of the federal minimum |
|---|
| 5648 | | - | community spouse protected amount pursuant to 42 USC 1396r-5(f)(2) |
|---|
| 5649 | | - | or, if married, the couple's assets do not exceed two hundred per cent of |
|---|
| 5650 | | - | said community spouse protected amount. For program applications |
|---|
| 5651 | | - | received by the Department of Social Services for the fiscal years ending |
|---|
| 5652 | | - | June 30, 2016, and June 30, 2017, only persons who require the level of |
|---|
| 5653 | | - | care provided in a nursing home shall be eligible for the state-funded |
|---|
| 5654 | | - | portion of the program, except for persons residing in affordable |
|---|
| 5655 | | - | housing under the assisted living demonstration project established |
|---|
| 5656 | | - | pursuant to section 17b-347e who are otherwise eligible in accordance |
|---|
| 5657 | | - | with this section. |
|---|
| 5658 | | - | (2) Except for persons residing in affordable housing under the |
|---|
| 5659 | | - | assisted living demonstration project established pursuant to section |
|---|
| 5660 | | - | 17b-347e, as provided in subdivision (3) of this subsection, any person |
|---|
| 5661 | | - | whose income is at or below two hundred per cent of the federal poverty |
|---|
| 5662 | | - | level and who is ineligible for Medicaid shall contribute three per cent |
|---|
| 5663 | | - | of the cost of his or her care. Any person whose income exceeds two |
|---|
| 5664 | | - | hundred per cent of the federal poverty level shall contribute three per House Bill No. 5523 |
|---|
| 5665 | | - | |
|---|
| 5666 | | - | Public Act No. 24-81 144 of 351 |
|---|
| 5667 | | - | |
|---|
| 5668 | | - | cent of the cost of his or her care in addition to the amount of applied |
|---|
| 5669 | | - | income determined in accordance with the methodology established by |
|---|
| 5670 | | - | the Department of Social Services for recipients of medical assistance. |
|---|
| 5671 | | - | Any person who does not contribute to the cost of care in accordance |
|---|
| 5672 | | - | with this subdivision shall be ineligible to receive services under this |
|---|
| 5673 | | - | subsection. Notwithstanding any provision of sections 17b-60 and 17b- |
|---|
| 5674 | | - | 61, the department shall not be required to provide an administrative |
|---|
| 5675 | | - | hearing to a person found ineligible for services under this subsection |
|---|
| 5676 | | - | because of a failure to contribute to the cost of care. |
|---|
| 5677 | | - | (3) Any person who resides in affordable housing under the assisted |
|---|
| 5678 | | - | living demonstration project established pursuant to section 17b-347e |
|---|
| 5679 | | - | and whose income is at or below two hundred per cent of the federal |
|---|
| 5680 | | - | poverty level, shall not be required to contribute to the cost of care. Any |
|---|
| 5681 | | - | person who resides in affordable housing under the assisted living |
|---|
| 5682 | | - | demonstration project established pursuant to section 17b-347e and |
|---|
| 5683 | | - | whose income exceeds two hundred per cent of the federal poverty |
|---|
| 5684 | | - | level, shall contribute to the applied income amount determined in |
|---|
| 5685 | | - | accordance with the methodology established by the Department of |
|---|
| 5686 | | - | Social Services for recipients of medical assistance. Any person whose |
|---|
| 5687 | | - | income exceeds two hundred per cent of the federal poverty level and |
|---|
| 5688 | | - | who does not contribute to the cost of care in accordance with this |
|---|
| 5689 | | - | subdivision shall be ineligible to receive services under this subsection. |
|---|
| 5690 | | - | Notwithstanding any provision of sections 17b-60 and 17b-61, the |
|---|
| 5691 | | - | department shall not be required to provide an administrative hearing |
|---|
| 5692 | | - | to a person found ineligible for services under this subsection because |
|---|
| 5693 | | - | of a failure to contribute to the cost of care. |
|---|
| 5694 | | - | (4) The annualized cost of services provided to an individual under |
|---|
| 5695 | | - | the state-funded portion of the program shall not exceed fifty per cent |
|---|
| 5696 | | - | of the weighted average cost of care in nursing homes in the state, except |
|---|
| 5697 | | - | an individual who received services costing in excess of such amount |
|---|
| 5698 | | - | under the Department of Social Services in the fiscal year ending June House Bill No. 5523 |
|---|
| 5699 | | - | |
|---|
| 5700 | | - | Public Act No. 24-81 145 of 351 |
|---|
| 5701 | | - | |
|---|
| 5702 | | - | 30, 1992, may continue to receive such services, provided the annualized |
|---|
| 5703 | | - | cost of such services does not exceed eighty per cent of the weighted |
|---|
| 5704 | | - | average cost of such nursing home care. The commissioner may allow |
|---|
| 5705 | | - | the cost of services provided to an individual to exceed the maximum |
|---|
| 5706 | | - | cost established pursuant to this subdivision in a case of extreme |
|---|
| 5707 | | - | hardship, as determined by the commissioner, provided in no case shall |
|---|
| 5708 | | - | such cost exceed that of the weighted cost of such nursing home care. |
|---|
| 5709 | | - | (j) The Commissioner of Social Services shall collect data on services |
|---|
| 5710 | | - | provided under the program, including, but not limited to, the: (1) |
|---|
| 5711 | | - | Number of participants before and after any adjustments in |
|---|
| 5712 | | - | copayments, (2) average hours of care provided under the program per |
|---|
| 5713 | | - | participant, and (3) estimated cost savings to the state by providing |
|---|
| 5714 | | - | home care to participants who may otherwise receive care in a nursing |
|---|
| 5715 | | - | home facility. The commissioner shall, in accordance with the |
|---|
| 5716 | | - | provisions of section 11-4a, report on the results of the data collection to |
|---|
| 5717 | | - | the joint standing committees of the General Assembly having |
|---|
| 5718 | | - | cognizance of matters relating to aging, appropriations and the budgets |
|---|
| 5719 | | - | of state agencies and human services not later than July 1, 2022. The |
|---|
| 5720 | | - | commissioner may implement revised criteria for the operation of the |
|---|
| 5721 | | - | program while in the process of adopting such criteria in regulation |
|---|
| 5722 | | - | form, provided the commissioner publishes notice of intention to adopt |
|---|
| 5723 | | - | the regulations in accordance with section 17b-10. Such criteria shall be |
|---|
| 5724 | | - | valid until the time final regulations are effective. |
|---|
| 5725 | | - | (k) The commissioner shall notify any access agency or area agency |
|---|
| 5726 | | - | on aging that administers the program when the department sends a |
|---|
| 5727 | | - | redetermination of eligibility form to an individual who is a client of |
|---|
| 5728 | | - | such agency. |
|---|
| 5729 | | - | (l) In determining eligibility for the program described in this section, |
|---|
| 5730 | | - | the commissioner shall not consider as income (1) Aid and Attendance |
|---|
| 5731 | | - | pension benefits granted to a veteran, as defined in section 27-103, or the |
|---|
| 5732 | | - | surviving spouse of such veteran, and (2) any tax refund or advance House Bill No. 5523 |
|---|
| 5733 | | - | |
|---|
| 5734 | | - | Public Act No. 24-81 146 of 351 |
|---|
| 5735 | | - | |
|---|
| 5736 | | - | payment with respect to a refundable credit to the same extent such |
|---|
| 5737 | | - | refund or advance payment would be disregarded under 26 USC 6409 |
|---|
| 5738 | | - | in any federal program or state or local program financed in whole or in |
|---|
| 5739 | | - | part with federal funds. |
|---|
| 5740 | | - | (m) The commissioner shall adopt regulations, in accordance with the |
|---|
| 5741 | | - | provisions of chapter 54, to (1) define "access agency", (2) implement and |
|---|
| 5742 | | - | administer the program, (3) implement and administer the presumptive |
|---|
| 5743 | | - | Medicaid eligibility system described in subsection (e) of this section, (4) |
|---|
| 5744 | | - | establish uniform state-wide standards for the program and uniform |
|---|
| 5745 | | - | assessment tools for use in the screening process for the program and |
|---|
| 5746 | | - | the prescreening for presumptive Medicaid eligibility, and (5) specify |
|---|
| 5747 | | - | conditions of eligibility. |
|---|
| 5748 | | - | Sec. 106. (NEW) (Effective July 1, 2024) (a) The Commissioner of Public |
|---|
| 5749 | | - | Health shall develop a public awareness and educational campaign to |
|---|
| 5750 | | - | promote community-based screening and education for common |
|---|
| 5751 | | - | diseases affecting high-risk male populations, including, but not limited |
|---|
| 5752 | | - | to, colorectal cancer, prostate cancer, hypertension, diabetes, high |
|---|
| 5753 | | - | cholesterol, chronic obstructive pulmonary disease, asthma, infectious |
|---|
| 5754 | | - | diseases, depression and anxiety. |
|---|
| 5755 | | - | (b) Not later than January 1, 2025, and annually thereafter, the |
|---|
| 5756 | | - | commissioner shall report to the joint standing committee of the General |
|---|
| 5757 | | - | Assembly having cognizance of matters relating to public health |
|---|
| 5758 | | - | regarding the public awareness and educational campaign. |
|---|
| 5759 | | - | Sec. 107. (NEW) (Effective July 1, 2024) (a) There is established a |
|---|
| 5760 | | - | Higher Education Financial Sustainability Advisory Board, which shall |
|---|
| 5761 | | - | be part of the Legislative Department. |
|---|
| 5762 | | - | (b) The board shall consist of the following members: |
|---|
| 5763 | | - | (1) The chairpersons and ranking members of the joint standing |
|---|
| 5764 | | - | committee of the General Assembly having cognizance of matters House Bill No. 5523 |
|---|
| 5765 | | - | |
|---|
| 5766 | | - | Public Act No. 24-81 147 of 351 |
|---|
| 5767 | | - | |
|---|
| 5768 | | - | relating to appropriations and the budgets of state agencies; |
|---|
| 5769 | | - | (2) The members of the higher education subcommittee of the joint |
|---|
| 5770 | | - | standing committee of the General Assembly having cognizance of |
|---|
| 5771 | | - | matters relating to appropriations and the budgets of state agencies; |
|---|
| 5772 | | - | (3) The chairpersons and ranking members of the joint standing |
|---|
| 5773 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 5774 | | - | relating to higher education and employment advancement; and |
|---|
| 5775 | | - | (4) The Secretary of the Office of Policy and Management. [; and |
|---|
| 5776 | | - | (5) The Auditors of Public Accounts.] |
|---|
| 5777 | | - | (c) The chairpersons of the joint standing committee of the General |
|---|
| 5778 | | - | Assembly having cognizance of matters relating to appropriations and |
|---|
| 5779 | | - | the budgets of state agencies and the Secretary of the Office of Policy |
|---|
| 5780 | | - | and Management shall jointly serve as chairpersons of the board. Such |
|---|
| 5781 | | - | chairpersons of the board shall schedule the first meeting of the board, |
|---|
| 5782 | | - | which shall be held not later than September 1, 2024. The board shall |
|---|
| 5783 | | - | meet at least quarterly thereafter. A majority of the board shall |
|---|
| 5784 | | - | constitute a quorum for the transaction of any business. |
|---|
| 5785 | | - | (d) The administrative staff of the joint standing committee of the |
|---|
| 5786 | | - | General Assembly having cognizance of matters relati ng to |
|---|
| 5787 | | - | appropriations and the budgets of state agencies shall serve as |
|---|
| 5788 | | - | administrative staff of the board. |
|---|
| 5789 | | - | (e) The board shall have the following powers and duties: (1) Meet |
|---|
| 5790 | | - | with the administrators of each public institution of higher education |
|---|
| 5791 | | - | and The University of Connecticut Health Center to accept and review |
|---|
| 5792 | | - | the information set forth in subsection (f) of this section and to discuss |
|---|
| 5793 | | - | barriers to meeting state workforce needs, developing economic growth |
|---|
| 5794 | | - | and achieving or maintaining affordable tuition; (2) obtain from any |
|---|
| 5795 | | - | executive department, board, commission or other agency of the state House Bill No. 5523 |
|---|
| 5796 | | - | |
|---|
| 5797 | | - | Public Act No. 24-81 148 of 351 |
|---|
| 5798 | | - | |
|---|
| 5799 | | - | such assistance and data as necessary and available to carry out the |
|---|
| 5800 | | - | purposes of this section; and (3) perform such other acts as may be |
|---|
| 5801 | | - | necessary and appropriate to carry out the duties described in this |
|---|
| 5802 | | - | section. |
|---|
| 5803 | | - | (f) Each public institution of higher education and The University of |
|---|
| 5804 | | - | Connecticut Health Center shall each submit to the board, upon the |
|---|
| 5805 | | - | request of the chairpersons of the board, the following information: |
|---|
| 5806 | | - | (1) A detailed financial report for the current fiscal year, subsequent |
|---|
| 5807 | | - | fiscal year and five preceding fiscal years that identifies each source of |
|---|
| 5808 | | - | revenue, category of expense and any assumptions upon which such |
|---|
| 5809 | | - | reports are based; |
|---|
| 5810 | | - | (2) If the detailed financial report for the current fiscal year or |
|---|
| 5811 | | - | subsequent fiscal year projects a deficiency, a detailed plan that |
|---|
| 5812 | | - | eliminates such deficiency; |
|---|
| 5813 | | - | (3) A summary and general ledger account code analysis of the |
|---|
| 5814 | | - | unrestricted net position of such institution for the most recently |
|---|
| 5815 | | - | completed fiscal year; |
|---|
| 5816 | | - | (4) The number of full-time and part-time students enrolled |
|---|
| 5817 | | - | disaggregated by in-state and out-of-state; |
|---|
| 5818 | | - | (5) The number of vacant and filled employment positions |
|---|
| 5819 | | - | disaggregated by bargaining unit and management confidential type |
|---|
| 5820 | | - | with corresponding average salaries from the first payroll in October of |
|---|
| 5821 | | - | such fiscal year; |
|---|
| 5822 | | - | (6) A summary of cost drivers for such institution; |
|---|
| 5823 | | - | (7) A summary of budget constraints affecting (A) workforce |
|---|
| 5824 | | - | developments, economic development efforts and student quality of |
|---|
| 5825 | | - | life, including, but not limited to, time required for degree completion, House Bill No. 5523 |
|---|
| 5826 | | - | |
|---|
| 5827 | | - | Public Act No. 24-81 149 of 351 |
|---|
| 5828 | | - | |
|---|
| 5829 | | - | and (B) research productivity and faculty retention and recruitment; |
|---|
| 5830 | | - | and |
|---|
| 5831 | | - | (8) Any other financial, operational, performance or other outcome |
|---|
| 5832 | | - | information, metrics or data requested by the board. |
|---|
| 5833 | | - | (g) The board may require a public institution of higher education to |
|---|
| 5834 | | - | submit the information set forth in subsection (f) of this section on a |
|---|
| 5835 | | - | disaggregated basis. |
|---|
| 5836 | | - | Sec. 108. Section 1 of public act 24-45 is repealed and the following is |
|---|
| 5837 | | - | substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 5838 | | - | (a) There is established the Education Mandate Review Advisory |
|---|
| 5839 | | - | Council. The council shall advise and provide annual reports to the joint |
|---|
| 5840 | | - | standing committee of the General Assembly having cognizance of |
|---|
| 5841 | | - | matters relating to education on the cost and implementation of existing |
|---|
| 5842 | | - | education mandates on local and regional boards of education, as well |
|---|
| 5843 | | - | as the impact of any proposals relating to additions or revisions to such |
|---|
| 5844 | | - | education mandates. Such annual reports may include, but need not be |
|---|
| 5845 | | - | limited to, (1) a review of education mandates on local and regional |
|---|
| 5846 | | - | boards of education in the general statutes and the regulations of |
|---|
| 5847 | | - | Connecticut state agencies for the purpose of identifying those |
|---|
| 5848 | | - | mandates that may be burdensome or have the effect of limiting or |
|---|
| 5849 | | - | restricting the provision of instruction or services to students, including |
|---|
| 5850 | | - | a detailed analysis of each such mandate so identified, the specific |
|---|
| 5851 | | - | statutory or regulation citation for such mandate and how such mandate |
|---|
| 5852 | | - | is imposed on a board of education, and (2) any recommendations |
|---|
| 5853 | | - | regarding the repeal of or amendment to any such sections of the |
|---|
| 5854 | | - | general statutes or regulations of Connecticut state agencies. |
|---|
| 5855 | | - | (b) The council shall consist of the following members: |
|---|
| 5856 | | - | (1) One appointed by the speaker of the House of Representatives, |
|---|
| 5857 | | - | who shall be a representative of the Connecticut Association of Boards House Bill No. 5523 |
|---|
| 5858 | | - | |
|---|
| 5859 | | - | Public Act No. 24-81 150 of 351 |
|---|
| 5860 | | - | |
|---|
| 5861 | | - | of Education; |
|---|
| 5862 | | - | (2) One appointed by the president pro tempore of the Senate, who |
|---|
| 5863 | | - | shall be a representative of the Connecticut Association of Public School |
|---|
| 5864 | | - | Superintendents; |
|---|
| 5865 | | - | (3) One appointed by the majority leader of the House of |
|---|
| 5866 | | - | Representatives, who shall be a representative of the Connecticut |
|---|
| 5867 | | - | Association of Schools; |
|---|
| 5868 | | - | (4) One appointed by the majority leader of the Senate, who shall be |
|---|
| 5869 | | - | a representative of the Connecticut Association of School Business |
|---|
| 5870 | | - | Officials; |
|---|
| 5871 | | - | (5) One appointed by the minority leader of the House of |
|---|
| 5872 | | - | Representatives, who shall be a member of a local or regional board of |
|---|
| 5873 | | - | education; |
|---|
| 5874 | | - | (6) One appointed by the minority leader of the Senate, who shall be |
|---|
| 5875 | | - | a representative of the Connecticut Federation of School |
|---|
| 5876 | | - | Administrators; |
|---|
| 5877 | | - | (7) One appointed by the House chairperson of the joint standing |
|---|
| 5878 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 5879 | | - | relating to education, who shall be a paraeducator in a public school in |
|---|
| 5880 | | - | this state; |
|---|
| 5881 | | - | (8) One appointed by the Senate chairperson of the joint standing |
|---|
| 5882 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 5883 | | - | relating to education, who shall be a [teacher in a public school in this |
|---|
| 5884 | | - | state] representative of the Connecticut Education Association; |
|---|
| 5885 | | - | (9) One appointed by the House ranking member of the joint standing |
|---|
| 5886 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 5887 | | - | relating to education, who shall be a paraeducator in a public school in House Bill No. 5523 |
|---|
| 5888 | | - | |
|---|
| 5889 | | - | Public Act No. 24-81 151 of 351 |
|---|
| 5890 | | - | |
|---|
| 5891 | | - | this state; and |
|---|
| 5892 | | - | (10) One appointed by the Senate ranking member of the joint |
|---|
| 5893 | | - | standing committee of the General Assembly having cognizance of |
|---|
| 5894 | | - | matters relating to education, who shall be a [teacher in a public school |
|---|
| 5895 | | - | in this state] representative of the American Federation of Teachers- |
|---|
| 5896 | | - | Connecticut. |
|---|
| 5897 | | - | (c) All initial appointments to the council shall be made not later than |
|---|
| 5898 | | - | August 1, 2024. The initial terms for the members appointed shall |
|---|
| 5899 | | - | terminate on January 31, 2029. Terms following the initial terms shall be |
|---|
| 5900 | | - | for five years. Any member of the council may serve more than one |
|---|
| 5901 | | - | term. Any vacancy shall be filled by the appointing authority. |
|---|
| 5902 | | - | (d) The speaker of the House of Representatives and the president |
|---|
| 5903 | | - | pro tempore of the Senate shall select the chairpersons of the council |
|---|
| 5904 | | - | from among the members of the council. Such chairpersons shall |
|---|
| 5905 | | - | schedule the first meeting of the council, which shall be held not later |
|---|
| 5906 | | - | than October 1, 2024. |
|---|
| 5907 | | - | (e) The administrative staff of the joint standing committee of the |
|---|
| 5908 | | - | General Assembly having cognizance of matters relating to education |
|---|
| 5909 | | - | shall serve as administrative staff of the council. |
|---|
| 5910 | | - | (f) Not later than January 1, 2025, and annually thereafter, the council |
|---|
| 5911 | | - | shall develop and submit an annual report on its review of the |
|---|
| 5912 | | - | implementation and cost of statutory and regulatory education |
|---|
| 5913 | | - | mandates on local and regional boards of education. Such annual report |
|---|
| 5914 | | - | shall include, but need not be limited to, (1) a review of all existing |
|---|
| 5915 | | - | education mandates required by state law, (2) the costs incurred by local |
|---|
| 5916 | | - | and regional boards of education resulting from the implementation of |
|---|
| 5917 | | - | such education mandates, and (3) how such education mandates are |
|---|
| 5918 | | - | being implemented by local and regional boards of education, |
|---|
| 5919 | | - | including, but not limited to, the manner in which and how often such House Bill No. 5523 |
|---|
| 5920 | | - | |
|---|
| 5921 | | - | Public Act No. 24-81 152 of 351 |
|---|
| 5922 | | - | |
|---|
| 5923 | | - | education mandate is being implemented. The council shall submit such |
|---|
| 5924 | | - | report, and any recommendations for legislation, to the joint standing |
|---|
| 5925 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 5926 | | - | relating to education and the Commissioner of Education, in accordance |
|---|
| 5927 | | - | with the provisions of section 11-4a of the general statutes. |
|---|
| 5928 | | - | Sec. 109. (Effective July 1, 2024) Notwithstanding any provision of the |
|---|
| 5929 | | - | general statutes, for the fiscal year ending June 30, 2025, the Secretary of |
|---|
| 5930 | | - | the Office of Policy and Management shall utilize the Commissioner of |
|---|
| 5931 | | - | Public Health's 2021 population estimates certified pursuant to section |
|---|
| 5932 | | - | 19a-2a of the general statutes for the purposes of calculating municipal |
|---|
| 5933 | | - | grants of which the current population of a municipality is a component. |
|---|
| 5934 | | - | Sec. 110. Subsection (a) of section 10a-1a of the general statutes is |
|---|
| 5935 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 5936 | | - | 2024): |
|---|
| 5937 | | - | (a) There shall be a Board of Regents for Higher Education that shall |
|---|
| 5938 | | - | serve as the governing body for the regional community-technical |
|---|
| 5939 | | - | college system, the Connecticut State University System and Charter |
|---|
| 5940 | | - | Oak State College. The board shall consist of [twenty-two] twenty-three |
|---|
| 5941 | | - | members who shall be distinguished leaders of the community in |
|---|
| 5942 | | - | Connecticut. The board shall reflect the state's geographic, racial and |
|---|
| 5943 | | - | ethnic diversity. The voting members shall not be employed by or be a |
|---|
| 5944 | | - | member of a board of trustees for any independent institution of higher |
|---|
| 5945 | | - | education in this state or the Board of Trustees for The University of |
|---|
| 5946 | | - | Connecticut nor shall they be public officials or state employees, as such |
|---|
| 5947 | | - | terms are defined in section 1-79, during their term of membership on |
|---|
| 5948 | | - | the Board of Regents for Higher Education. The Governor shall appoint |
|---|
| 5949 | | - | nine members to the board as follows: Three members for a term of two |
|---|
| 5950 | | - | years; three members for a term of four years; and three members for a |
|---|
| 5951 | | - | term of six years. Thereafter, the Governor shall appoint members of the |
|---|
| 5952 | | - | board to succeed such appointees whose terms expire and each member |
|---|
| 5953 | | - | so appointed shall hold office for a period of six years from the first day House Bill No. 5523 |
|---|
| 5954 | | - | |
|---|
| 5955 | | - | Public Act No. 24-81 153 of 351 |
|---|
| 5956 | | - | |
|---|
| 5957 | | - | of July in the year of his or her appointment. Four members of the board |
|---|
| 5958 | | - | shall be appointed as follows: One appointment by the president pro |
|---|
| 5959 | | - | tempore of the Senate, who shall be an alumnus of the regional |
|---|
| 5960 | | - | community-technical college system, for a term of four years; one |
|---|
| 5961 | | - | appointment by the minority leader of the Senate, who shall be a |
|---|
| 5962 | | - | specialist in the education of children in grades kindergarten to twelve, |
|---|
| 5963 | | - | inclusive, for a term of three years; one appointment by the speaker of |
|---|
| 5964 | | - | the House of Representatives, who shall be an alumnus of the |
|---|
| 5965 | | - | Connecticut State University System, for a term of four years; and one |
|---|
| 5966 | | - | appointment by the minority leader of the House of Representatives, |
|---|
| 5967 | | - | who shall be an alumnus of Charter Oak State College, for a term of |
|---|
| 5968 | | - | three years. Thereafter, such members of the General Assembly shall |
|---|
| 5969 | | - | appoint members of the board to succeed such appointees whose terms |
|---|
| 5970 | | - | expire and each member so appointed shall hold office for a period of |
|---|
| 5971 | | - | four years from the first day of July in the year of his or her appointment. |
|---|
| 5972 | | - | The chairperson and vice-chairperson of the student advisory |
|---|
| 5973 | | - | committee created under section 10a-3 shall serve as members of the |
|---|
| 5974 | | - | board. The chairperson and vice-chairperson of the faculty advisory |
|---|
| 5975 | | - | committee created under section 10a-3a shall serve as ex-officio, |
|---|
| 5976 | | - | nonvoting members of the board for a term of two years and, in their |
|---|
| 5977 | | - | respective roles as chairperson and vice-chairperson, may be invited to |
|---|
| 5978 | | - | any executive session, as defined in section 1-200, of the board by the |
|---|
| 5979 | | - | chairperson of the board. The Commissioners of Education, Economic |
|---|
| 5980 | | - | and Community Development and Public Health, the Labor |
|---|
| 5981 | | - | Commissioner, the Secretary of the Office of Policy and Management, |
|---|
| 5982 | | - | or the secretary's designee, and the Chief Workforce Officer shall serve |
|---|
| 5983 | | - | as ex-officio, nonvoting members of the board. |
|---|
| 5984 | | - | Sec. 111. (Effective from passage) (a) The Legislative Commissioners' |
|---|
| 5985 | | - | Office shall, in codifying the provisions of this act, make such technical, |
|---|
| 5986 | | - | grammatical and punctuation changes as are necessary to carry out the |
|---|
| 5987 | | - | purposes of this act, including, but not limited to, correcting inaccurate |
|---|
| 5988 | | - | internal references. House Bill No. 5523 |
|---|
| 5989 | | - | |
|---|
| 5990 | | - | Public Act No. 24-81 154 of 351 |
|---|
| 5991 | | - | |
|---|
| 5992 | | - | (b) The Legislative Commissioners' Office shall, in codifying sections |
|---|
| 5993 | | - | 131 to 232, inclusive, of this act or any public act of the 2024 session, |
|---|
| 5994 | | - | make such technical, grammatical and punctuation changes as are |
|---|
| 5995 | | - | necessary to carry out the purposes of said sections. |
|---|
| 5996 | | - | Sec. 112. (NEW) (Effective July 1, 2024) (a) As used in this section, |
|---|
| 5997 | | - | sections 10-65 and 10-264l of the general statutes and section 113 of this |
|---|
| 5998 | | - | act: |
|---|
| 5999 | | - | (1) "Choice program" means (A) an interdistrict magnet school |
|---|
| 6000 | | - | program, or (B) a regional agricultural science and technology center. |
|---|
| 6001 | | - | (2) "Foundation" has the same meaning as provided in section 10-262f |
|---|
| 6002 | | - | of the general statutes. |
|---|
| 6003 | | - | (3) "Resident students" has the same meaning as provided in section |
|---|
| 6004 | | - | 10-262f of the general statutes. |
|---|
| 6005 | | - | (4) "Resident choice program students" means the number of part- |
|---|
| 6006 | | - | time and full-time students of a town enrolled or participating in a |
|---|
| 6007 | | - | particular choice program. |
|---|
| 6008 | | - | (5) "Total need students" has the same meaning as provided in section |
|---|
| 6009 | | - | 10-262f of the general statutes. |
|---|
| 6010 | | - | (6) "Total magnet school program need students" means the sum of |
|---|
| 6011 | | - | (A) the number of part-time and full-time students enrolled in the |
|---|
| 6012 | | - | interdistrict magnet school program of the interdistrict magnet school |
|---|
| 6013 | | - | operator that is (i) not a local or regional board of education, (ii) the |
|---|
| 6014 | | - | board of governors for an independent institution of higher education, |
|---|
| 6015 | | - | as defined in subsection (a) of section 10a-173 of the general statutes, or |
|---|
| 6016 | | - | the equivalent of such a board, on behalf of the independent institution |
|---|
| 6017 | | - | of higher education, or (iii) any other third-party, not-for-profit |
|---|
| 6018 | | - | corporation approved by the Commissioner of Education, for the school |
|---|
| 6019 | | - | year, and (B) for the school year commencing July 1, 2024, (i) thirty per House Bill No. 5523 |
|---|
| 6020 | | - | |
|---|
| 6021 | | - | Public Act No. 24-81 155 of 351 |
|---|
| 6022 | | - | |
|---|
| 6023 | | - | cent of the number of part-time and full-time students enrolled in such |
|---|
| 6024 | | - | interdistrict magnet school program eligible for free or reduced price |
|---|
| 6025 | | - | meals or free milk, (ii) fifteen per cent of the number of such part-time |
|---|
| 6026 | | - | and full-time students eligible for free or reduced price meals or free |
|---|
| 6027 | | - | milk in excess of the number of such part-time and full-time students |
|---|
| 6028 | | - | eligible for free or reduced price meals or free milk that is equal to sixty |
|---|
| 6029 | | - | per cent of the total number of students enrolled in such interdistrict |
|---|
| 6030 | | - | magnet school program, (iii) twenty-five per cent of the number of part- |
|---|
| 6031 | | - | time and full-time students enrolled in such interdistrict magnet school |
|---|
| 6032 | | - | program who are English language learners, and (iv) if such interdistrict |
|---|
| 6033 | | - | magnet school program is assisting the state in meeting its obligations |
|---|
| 6034 | | - | pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any |
|---|
| 6035 | | - | related stipulation or order in effect, as determined by the |
|---|
| 6036 | | - | commissioner, for the fiscal year ending June 30, 2025, thirty per cent of |
|---|
| 6037 | | - | the number of part-time and full-time students enrolled in such |
|---|
| 6038 | | - | interdistrict magnet school program. |
|---|
| 6039 | | - | (7) "Sending town" means the town that sends resident choice |
|---|
| 6040 | | - | program students, which it would otherwise be legally responsible for |
|---|
| 6041 | | - | educating, to a choice program. |
|---|
| 6042 | | - | (8) "Receiving district" has the same meaning as provided in section |
|---|
| 6043 | | - | 10-266aa of the general statutes. |
|---|
| 6044 | | - | (9) "Weighted funding amount per pupil" means the quotient of (A) |
|---|
| 6045 | | - | the product of the foundation and a town's total need students for the |
|---|
| 6046 | | - | fiscal year prior to the year in which the grant is to be paid, and (B) the |
|---|
| 6047 | | - | number of resident students of the town. |
|---|
| 6048 | | - | (10) "In-district student" means a student enrolled or participating in |
|---|
| 6049 | | - | a choice program operated or maintained by a local or regional board of |
|---|
| 6050 | | - | education and for whom such local or regional board of education is |
|---|
| 6051 | | - | legally responsible for educating. House Bill No. 5523 |
|---|
| 6052 | | - | |
|---|
| 6053 | | - | Public Act No. 24-81 156 of 351 |
|---|
| 6054 | | - | |
|---|
| 6055 | | - | (11) "Out-of-district student" means a student enrolled or |
|---|
| 6056 | | - | participating in a choice program operated or maintained by a local or |
|---|
| 6057 | | - | regional board of education and who does not reside in the town or a |
|---|
| 6058 | | - | member town of such local or regional board of education. |
|---|
| 6059 | | - | (12) "Total revenue per pupil" means the sum of (A) the per student |
|---|
| 6060 | | - | amount of the grant for a choice program student for the fiscal year |
|---|
| 6061 | | - | ending June 30, 2024, (B) the per student amount of any general |
|---|
| 6062 | | - | education tuition for a student in such choice program for the fiscal year |
|---|
| 6063 | | - | ending June 30, 2024, and (C) the per child amount of any tuition |
|---|
| 6064 | | - | charged for a child enrolled in a preschool program offered by a regional |
|---|
| 6065 | | - | educational service center operating an interdistrict magnet school |
|---|
| 6066 | | - | preschool program for the fiscal year ending June 30, 2024, pursuant to |
|---|
| 6067 | | - | section 10-264l of the general statutes. |
|---|
| 6068 | | - | (13) "Adjusted total revenue per pupil" means the sum of (A) the per |
|---|
| 6069 | | - | student amount of the grant for a choice program student for the fiscal |
|---|
| 6070 | | - | year ending June 30, 2025, (B) the per student amount of any general |
|---|
| 6071 | | - | education tuition for a student in such choice program for the fiscal year |
|---|
| 6072 | | - | ending June 30, 2025, and (C) the per child amount of any tuition |
|---|
| 6073 | | - | charged for a child enrolled in a preschool program offered by a regional |
|---|
| 6074 | | - | educational service center operating an interdistrict magnet school |
|---|
| 6075 | | - | preschool program for the fiscal year ending June 30, 2025, pursuant to |
|---|
| 6076 | | - | section 10-264l of the general statutes. |
|---|
| 6077 | | - | (14) "Sending town adjustment factor" means the product of (A) the |
|---|
| 6078 | | - | weighted funding amount per pupil or the total revenue per pupil, |
|---|
| 6079 | | - | whichever is greater, for a sending town, and (B) the number of its |
|---|
| 6080 | | - | resident choice program students. |
|---|
| 6081 | | - | (b) (1) Except as otherwise provided in subdivision (2) of this |
|---|
| 6082 | | - | subsection, for the fiscal year ending June 30, 2025, an interdistrict |
|---|
| 6083 | | - | magnet school program operator that is not a local or regional board of |
|---|
| 6084 | | - | education shall be entitled to a grant in an amount equal to the sum of House Bill No. 5523 |
|---|
| 6085 | | - | |
|---|
| 6086 | | - | Public Act No. 24-81 157 of 351 |
|---|
| 6087 | | - | |
|---|
| 6088 | | - | (A) forty-two per cent of the difference between (i) the product of the |
|---|
| 6089 | | - | foundation and its total magnet school program need students, and (ii) |
|---|
| 6090 | | - | the per student amount such operator received under section 10-264l of |
|---|
| 6091 | | - | the general statutes for the fiscal year ending June 30, 2024, multiplied |
|---|
| 6092 | | - | by the number of students enrolled in such program for the fiscal year |
|---|
| 6093 | | - | ending June 30, 2025, and (B) the amount described in subparagraph |
|---|
| 6094 | | - | (A)(ii) of this subdivision. |
|---|
| 6095 | | - | (2) For the fiscal year ending June 30, 2025, if (A) the quotient of the |
|---|
| 6096 | | - | sum of the total revenue per pupil during the fiscal year ending June 30, |
|---|
| 6097 | | - | 2024, and the total number of such students enrolled in such program of |
|---|
| 6098 | | - | such operator during the fiscal year ending June 30, 2024, is greater than |
|---|
| 6099 | | - | (B) the quotient of the sum of the adjusted total revenue per pupil and |
|---|
| 6100 | | - | the number of such students enrolled in such program of such operator |
|---|
| 6101 | | - | during the fiscal year ending June 30, 2025, then such operator shall be |
|---|
| 6102 | | - | entitled to a grant in an amount equal to the sum of (i) the amount |
|---|
| 6103 | | - | described in subdivision (1) of this subsection, and (ii) the product of the |
|---|
| 6104 | | - | difference between the amount described in subparagraph (A) of this |
|---|
| 6105 | | - | subdivision and the amount described in subparagraph (B) of this |
|---|
| 6106 | | - | subdivision and the total number of students enrolled in such program |
|---|
| 6107 | | - | of such operator during the fiscal year ending June 30, 2025. |
|---|
| 6108 | | - | (c) For the fiscal year ending June 30, 2025, an interdistrict magnet |
|---|
| 6109 | | - | school operator that is a local or regional board of education shall be |
|---|
| 6110 | | - | entitled to a grant in an amount equal to the sum of (1) forty-two per |
|---|
| 6111 | | - | cent of the difference between (A) the sum of (i) the sending town |
|---|
| 6112 | | - | adjustment factors for each sending town, and (ii) the product of the |
|---|
| 6113 | | - | number of in-district students enrolled in the interdistrict magnet school |
|---|
| 6114 | | - | program of such board and the per student amount of the grant under |
|---|
| 6115 | | - | section 10-264l of the general statutes for an in-district student enrolled |
|---|
| 6116 | | - | in such interdistrict magnet school program for the fiscal year ending |
|---|
| 6117 | | - | June 30, 2024, and (B) the appropriate per student amounts, for in- |
|---|
| 6118 | | - | district students and out-of-district students, such operator received House Bill No. 5523 |
|---|
| 6119 | | - | |
|---|
| 6120 | | - | Public Act No. 24-81 158 of 351 |
|---|
| 6121 | | - | |
|---|
| 6122 | | - | under section 10-264l of the general statutes for the fiscal year ending |
|---|
| 6123 | | - | June 30, 2024, multiplied by the appropriate numbers of in-district |
|---|
| 6124 | | - | students and out-of-district students enrolled in such program for the |
|---|
| 6125 | | - | fiscal year ending June 30, 2025, and (2) the amount described in |
|---|
| 6126 | | - | subparagraph (B) of subdivision (1) of this subsection. |
|---|
| 6127 | | - | (d) For the fiscal year ending June 30, 2025, a local or regional board |
|---|
| 6128 | | - | of education that operates a regional agricultural science and |
|---|
| 6129 | | - | technology center shall be entitled to a grant in an amount equal to the |
|---|
| 6130 | | - | sum of (1) forty-two per cent of the difference between (A) the sum of |
|---|
| 6131 | | - | (i) the sending town adjustment factors for each sending town, and (ii) |
|---|
| 6132 | | - | the product of the number of in-district students enrolled in such center |
|---|
| 6133 | | - | and five thousand two hundred, and (B) five thousand two hundred |
|---|
| 6134 | | - | multiplied by the number of students enrolled in such center for the |
|---|
| 6135 | | - | fiscal year ending June 30, 2025, and (2) the amount described in |
|---|
| 6136 | | - | subparagraph (B) of subdivision (1) of this subsection. |
|---|
| 6137 | | - | Sec. 113. (NEW) (Effective from passage) (a) Not later than June 30, 2024, |
|---|
| 6138 | | - | the Department of Education shall calculate an estimated amount of |
|---|
| 6139 | | - | each grant under section 112 of this act for the next fiscal year using data |
|---|
| 6140 | | - | collected during the current fiscal year, and notify each local and |
|---|
| 6141 | | - | regional board of education and interdistrict magnet school program |
|---|
| 6142 | | - | operator that is not a local or regional board of education of such |
|---|
| 6143 | | - | estimated amounts. |
|---|
| 6144 | | - | (b) Not later than June 30, 2024, and then again on December 31, 2024, |
|---|
| 6145 | | - | the Department of Education shall calculate an estimated amount that |
|---|
| 6146 | | - | each town is entitled to receive under the provisions of section 10-262h |
|---|
| 6147 | | - | of the general statutes, for the next fiscal year using data collected |
|---|
| 6148 | | - | during the current fiscal year, and notify each such town of such |
|---|
| 6149 | | - | estimated amount. |
|---|
| 6150 | | - | (c) Not later than June 30, 2024, and then again on February 1, 2025, |
|---|
| 6151 | | - | the Department of Education shall calculate an estimated amount of the House Bill No. 5523 |
|---|
| 6152 | | - | |
|---|
| 6153 | | - | Public Act No. 24-81 159 of 351 |
|---|
| 6154 | | - | |
|---|
| 6155 | | - | grant under subsection (d) of section 10-66ee of the general statutes for |
|---|
| 6156 | | - | each fiscal authority for a state charter school for the next fiscal year |
|---|
| 6157 | | - | using data collected during the current fiscal year, and notify each such |
|---|
| 6158 | | - | fiscal authority of such estimated amount. |
|---|
| 6159 | | - | Sec. 114. Section 10-264l of the 2024 supplement to the general statutes |
|---|
| 6160 | | - | is repealed and the following is substituted in lieu thereof (Effective July |
|---|
| 6161 | | - | 1, 2024): |
|---|
| 6162 | | - | (a) The Department of Education shall, within available |
|---|
| 6163 | | - | appropriations, establish a grant program (1) to assist (A) local and |
|---|
| 6164 | | - | regional boards of education, (B) regional educational service centers, |
|---|
| 6165 | | - | (C) the Board of Trustees of the Community-Technical Colleges on |
|---|
| 6166 | | - | behalf of Quinebaug Valley Community College and Three Rivers |
|---|
| 6167 | | - | Community College, and (D) cooperative arrangements pursuant to |
|---|
| 6168 | | - | section 10-158a, and (2) in assisting the state in meeting its obligations |
|---|
| 6169 | | - | pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any |
|---|
| 6170 | | - | related stipulation or order in effect, as determined by the |
|---|
| 6171 | | - | commissioner, to assist (A) the Board of Trustees of the Community- |
|---|
| 6172 | | - | Technical Colleges on behalf of a regional community-technical college, |
|---|
| 6173 | | - | (B) the Board of Trustees of the Connecticut State University System on |
|---|
| 6174 | | - | behalf of a state university, (C) the Board of Trustees of The University |
|---|
| 6175 | | - | of Connecticut on behalf of the university, (D) the board of governors |
|---|
| 6176 | | - | for an independent institution of higher education, as defined in |
|---|
| 6177 | | - | subsection (a) of section 10a-173, or the equivalent of such a board, on |
|---|
| 6178 | | - | behalf of the independent institution of higher education, and (E) any |
|---|
| 6179 | | - | other third-party not-for-profit corporation approved by the |
|---|
| 6180 | | - | commissioner with the operation of interdistrict magnet school |
|---|
| 6181 | | - | programs. All interdistrict magnet schools shall be operated in |
|---|
| 6182 | | - | conformance with the same laws and regulations applicable to public |
|---|
| 6183 | | - | schools. For the purposes of this section "an interdistrict magnet school |
|---|
| 6184 | | - | program" means a program which (i) supports racial, ethnic and |
|---|
| 6185 | | - | economic diversity, (ii) offers a special and high quality curriculum, and House Bill No. 5523 |
|---|
| 6186 | | - | |
|---|
| 6187 | | - | Public Act No. 24-81 160 of 351 |
|---|
| 6188 | | - | |
|---|
| 6189 | | - | (iii) requires students who are enrolled to attend at least half-time. An |
|---|
| 6190 | | - | interdistrict magnet school program does not include a regional |
|---|
| 6191 | | - | agricultural science and technology school, a technical education and |
|---|
| 6192 | | - | career school or a regional special education center. For the school year |
|---|
| 6193 | | - | commencing July 1, 2017, and each school year thereafter, the governing |
|---|
| 6194 | | - | authority for each interdistrict magnet school program shall (I) restrict |
|---|
| 6195 | | - | the number of students that may enroll in the school from a participating |
|---|
| 6196 | | - | district to seventy-five per cent of the total school enrollment, and (II) |
|---|
| 6197 | | - | maintain a total school enrollment that is in accordance with the |
|---|
| 6198 | | - | reduced-isolation setting standards for interdistrict magnet school |
|---|
| 6199 | | - | programs, developed by the Commissioner of Education pursuant to |
|---|
| 6200 | | - | section 10-264r. |
|---|
| 6201 | | - | (b) (1) Applications for interdistrict magnet school program |
|---|
| 6202 | | - | operating grants awarded pursuant to this section shall be submitted |
|---|
| 6203 | | - | annually to the Commissioner of Education at such time and in such |
|---|
| 6204 | | - | manner as the commissioner prescribes, except that on and after July 1, |
|---|
| 6205 | | - | 2009, applications for such operating grants for new interdistrict magnet |
|---|
| 6206 | | - | schools, other than those that the commissioner determines will assist |
|---|
| 6207 | | - | the state in meeting its obligations pursuant to the decision in Sheff v. |
|---|
| 6208 | | - | O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, |
|---|
| 6209 | | - | as determined by the commissioner, shall not be accepted until the |
|---|
| 6210 | | - | commissioner develops a comprehensive state-wide interdistrict |
|---|
| 6211 | | - | magnet school plan. The commissioner shall submit such |
|---|
| 6212 | | - | comprehensive state-wide interdistrict magnet school plan on or before |
|---|
| 6213 | | - | October 1, 2016, to the joint standing committees of the General |
|---|
| 6214 | | - | Assembly having cognizance of matters relating to education and |
|---|
| 6215 | | - | appropriations. |
|---|
| 6216 | | - | (2) In determining whether an application shall be approved and |
|---|
| 6217 | | - | funds awarded pursuant to this section, the commissioner shall |
|---|
| 6218 | | - | consider, but such consideration shall not be limited to: (A) Whether the |
|---|
| 6219 | | - | program offered by the school is likely to increase student achievement; House Bill No. 5523 |
|---|
| 6220 | | - | |
|---|
| 6221 | | - | Public Act No. 24-81 161 of 351 |
|---|
| 6222 | | - | |
|---|
| 6223 | | - | (B) whether the program is likely to reduce racial, ethnic and economic |
|---|
| 6224 | | - | isolation; (C) the percentage of the student enrollment in the program |
|---|
| 6225 | | - | from each participating district; and (D) the proposed operating budget |
|---|
| 6226 | | - | and the sources of funding for the interdistrict magnet school. For a |
|---|
| 6227 | | - | magnet school not operated by a local or regional board of education, |
|---|
| 6228 | | - | the commissioner shall only approve a proposed operating budget that, |
|---|
| 6229 | | - | on a per pupil basis, does not exceed the maximum allowable threshold |
|---|
| 6230 | | - | established in accordance with this subdivision. The maximum |
|---|
| 6231 | | - | allowable threshold shall be an amount equal to one hundred twenty |
|---|
| 6232 | | - | per cent of the state average of the quotient obtained by dividing net |
|---|
| 6233 | | - | current expenditures, as defined in section 10-261, by average daily |
|---|
| 6234 | | - | membership, as defined in said section, for the fiscal year two years |
|---|
| 6235 | | - | prior to the fiscal year for which the operating grant is requested. The |
|---|
| 6236 | | - | Department of Education shall establish the maximum allowable |
|---|
| 6237 | | - | threshold no later than December fifteenth of the fiscal year prior to the |
|---|
| 6238 | | - | fiscal year for which the operating grant is requested. If requested by an |
|---|
| 6239 | | - | applicant that is not a local or regional board of education, the |
|---|
| 6240 | | - | commissioner may approve a proposed operating budget that exceeds |
|---|
| 6241 | | - | the maximum allowable threshold if the commissioner determines that |
|---|
| 6242 | | - | there are extraordinary programmatic needs. For the fiscal years ending |
|---|
| 6243 | | - | June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case |
|---|
| 6244 | | - | of an interdistrict magnet school that will assist the state in meeting its |
|---|
| 6245 | | - | obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 |
|---|
| 6246 | | - | (1996), or any related stipulation or order in effect, as determined by the |
|---|
| 6247 | | - | commissioner, the commissioner shall also consider whether the school |
|---|
| 6248 | | - | is meeting the reduced-isolation setting standards for interdistrict |
|---|
| 6249 | | - | magnet school programs, developed by the commissioner pursuant to |
|---|
| 6250 | | - | section 10-264r. If such school has not met such reduced-isolation setting |
|---|
| 6251 | | - | standards, it shall not be entitled to receive a grant pursuant to this |
|---|
| 6252 | | - | section unless the commissioner finds that it is appropriate to award a |
|---|
| 6253 | | - | grant for an additional year or years and approves a plan to bring such |
|---|
| 6254 | | - | school into compliance with such reduced-isolation setting standards. If |
|---|
| 6255 | | - | requested by the commissioner, the applicant shall meet with the House Bill No. 5523 |
|---|
| 6256 | | - | |
|---|
| 6257 | | - | Public Act No. 24-81 162 of 351 |
|---|
| 6258 | | - | |
|---|
| 6259 | | - | commissioner or the commissioner's designee to discuss the budget and |
|---|
| 6260 | | - | sources of funding. |
|---|
| 6261 | | - | (3) For the fiscal years ending June 30, 2018, to June 30, 2025, |
|---|
| 6262 | | - | inclusive, the commissioner shall not award a grant to an interdistrict |
|---|
| 6263 | | - | magnet school program that (A) has more than seventy-five per cent of |
|---|
| 6264 | | - | the total school enrollment from one school district, or (B) does not |
|---|
| 6265 | | - | maintain a total school enrollment that is in accordance with the |
|---|
| 6266 | | - | reduced-isolation setting standards for interdistrict magnet school |
|---|
| 6267 | | - | programs, developed by the Commissioner of Education pursuant to |
|---|
| 6268 | | - | section 10-264r, except the commissioner may award a grant to such |
|---|
| 6269 | | - | school for an additional year or years if the commissioner finds it is |
|---|
| 6270 | | - | appropriate to do so and approves a plan to bring such school into |
|---|
| 6271 | | - | compliance with such residency or reduced-isolation setting standards. |
|---|
| 6272 | | - | (4) For the fiscal years ending June 30, 2018, to June 30, 2021, |
|---|
| 6273 | | - | inclusive, if an interdistrict magnet school program does not maintain a |
|---|
| 6274 | | - | total school enrollment that is in accordance with the reduced-isolation |
|---|
| 6275 | | - | setting standards for interdistrict magnet school programs, developed |
|---|
| 6276 | | - | by the commissioner pursuant to section 10-264r, for two or more |
|---|
| 6277 | | - | consecutive years, the commissioner may impose a financial penalty on |
|---|
| 6278 | | - | the operator of such interdistrict magnet school program, or take any |
|---|
| 6279 | | - | other measure, in consultation with such operator, as may be |
|---|
| 6280 | | - | appropriate to assist such operator in complying with such reduced- |
|---|
| 6281 | | - | isolation setting standards. |
|---|
| 6282 | | - | (5) For the fiscal year ending June 30, 2025, for the purposes of |
|---|
| 6283 | | - | equalization aid under section 10-262h, a student enrolled in an |
|---|
| 6284 | | - | interdistrict magnet school program shall be counted as a resident |
|---|
| 6285 | | - | student, as defined in section 10-262f, of the town in which such student |
|---|
| 6286 | | - | resides. |
|---|
| 6287 | | - | (c) (1) [The maximum amount each interdistrict magnet school |
|---|
| 6288 | | - | program, except those described in subparagraphs (A) to (G), inclusive, House Bill No. 5523 |
|---|
| 6289 | | - | |
|---|
| 6290 | | - | Public Act No. 24-81 163 of 351 |
|---|
| 6291 | | - | |
|---|
| 6292 | | - | of subdivision (3) of this subsection, shall be eligible to receive per |
|---|
| 6293 | | - | enrolled student who is not a resident of the town operating the magnet |
|---|
| 6294 | | - | school shall be (A) for the fiscal year ending June 30, 2024, seven |
|---|
| 6295 | | - | thousand two hundred twenty-seven dollars, and (B) for the fiscal year |
|---|
| 6296 | | - | ending June 30, 2025, and each fiscal year thereafter, at least seven |
|---|
| 6297 | | - | thousand two hundred twenty-seven dollars. The per pupil grant for |
|---|
| 6298 | | - | each enrolled student who is a resident of the town operating the |
|---|
| 6299 | | - | magnet school program shall be (i) for the fiscal year ending June 30, |
|---|
| 6300 | | - | 2024, three thousand sixty dollars, and (ii) for the fiscal year ending June |
|---|
| 6301 | | - | 30, 2025, and each fiscal year thereafter, at least three thousand sixty |
|---|
| 6302 | | - | dollars.] For the fiscal year ending June 30, 2025, each interdistrict |
|---|
| 6303 | | - | magnet school operator shall be paid a grant equal to the amount the |
|---|
| 6304 | | - | operator is entitled to receive under the provisions of section 112 of this |
|---|
| 6305 | | - | act. |
|---|
| 6306 | | - | (2) For the fiscal year ending June 30, 2003, and each fiscal year |
|---|
| 6307 | | - | thereafter, the commissioner may, within available appropriations, |
|---|
| 6308 | | - | provide supplemental grants for the purposes of enhancing educational |
|---|
| 6309 | | - | programs in such interdistrict magnet schools, as the commissioner |
|---|
| 6310 | | - | determines. Such grants shall be made after the commissioner has |
|---|
| 6311 | | - | conducted a comprehensive financial review and approved the total |
|---|
| 6312 | | - | operating budget for such schools, including all revenue and |
|---|
| 6313 | | - | expenditure estimates. |
|---|
| 6314 | | - | [(3) (A) Except as otherwise provided in subparagraphs (C) to (G), |
|---|
| 6315 | | - | inclusive, of this subdivision, each interdistrict magnet school operated |
|---|
| 6316 | | - | by a regional educational service center that enrolls less than fifty-five |
|---|
| 6317 | | - | per cent of the school's students from a single town shall receive a per |
|---|
| 6318 | | - | pupil grant in the amount of (i) for the fiscal year ending June 30, 2024, |
|---|
| 6319 | | - | eight thousand fifty-eight dollars, and (ii) for the fiscal year ending June |
|---|
| 6320 | | - | 30, 2025, and each fiscal year thereafter, at least eight thousand fifty- |
|---|
| 6321 | | - | eight dollars. |
|---|
| 6322 | | - | (B) Except as otherwise provided in subparagraphs (C) to (G), House Bill No. 5523 |
|---|
| 6323 | | - | |
|---|
| 6324 | | - | Public Act No. 24-81 164 of 351 |
|---|
| 6325 | | - | |
|---|
| 6326 | | - | inclusive, of this subdivision, each interdistrict magnet school operated |
|---|
| 6327 | | - | by a regional educational service center that enrolls at least fifty-five per |
|---|
| 6328 | | - | cent of the school's students from a single town shall receive a per pupil |
|---|
| 6329 | | - | grant for each enrolled student who is not a resident of the district that |
|---|
| 6330 | | - | enrolls at least fifty-five per cent of the school's students in the amount |
|---|
| 6331 | | - | of (i) for the fiscal year ending June 30, 2024, seven thousand two |
|---|
| 6332 | | - | hundred twenty-seven dollars, and (ii) for the fiscal year ending June |
|---|
| 6333 | | - | 30, 2025, and each fiscal year thereafter, at least seven thousand two |
|---|
| 6334 | | - | hundred twenty-seven dollars. The per pupil grant for each enrolled |
|---|
| 6335 | | - | student who is a resident of the district that enrolls at least fifty-five per |
|---|
| 6336 | | - | cent of the school's students shall be (I) for the fiscal year ending June |
|---|
| 6337 | | - | 30, 2024, three thousand sixty dollars, and (II) for the fiscal year ending |
|---|
| 6338 | | - | June 30, 2025, and each fiscal year thereafter, at least three thousand |
|---|
| 6339 | | - | sixty dollars. |
|---|
| 6340 | | - | (C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019, |
|---|
| 6341 | | - | inclusive, each interdistrict magnet school operated by a regional |
|---|
| 6342 | | - | educational service center that began operations for the school year |
|---|
| 6343 | | - | commencing July 1, 2001, and that for the school year commencing July |
|---|
| 6344 | | - | 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per |
|---|
| 6345 | | - | cent of the school's students from a single town, shall receive a per pupil |
|---|
| 6346 | | - | grant (I) for each enrolled student who is a resident of the district that |
|---|
| 6347 | | - | enrolls at least fifty-five per cent, but no more than eighty per cent of the |
|---|
| 6348 | | - | school's students, up to an amount equal to the total number of such |
|---|
| 6349 | | - | enrolled students as of October 1, 2013, using the data of record, in the |
|---|
| 6350 | | - | amount of eight thousand one hundred eighty dollars, (II) for each |
|---|
| 6351 | | - | enrolled student who is a resident of the district that enrolls at least fifty- |
|---|
| 6352 | | - | five per cent, but not more than eighty per cent of the school's students, |
|---|
| 6353 | | - | in an amount greater than the total number of such enrolled students as |
|---|
| 6354 | | - | of October 1, 2013, using the data of record, in the amount of three |
|---|
| 6355 | | - | thousand dollars, (III) for each enrolled student who is not a resident of |
|---|
| 6356 | | - | the district that enrolls at least fifty-five per cent, but no more than |
|---|
| 6357 | | - | eighty per cent of the school's students, up to an amount equal to the House Bill No. 5523 |
|---|
| 6358 | | - | |
|---|
| 6359 | | - | Public Act No. 24-81 165 of 351 |
|---|
| 6360 | | - | |
|---|
| 6361 | | - | total number of such enrolled students as of October 1, 2013, using the |
|---|
| 6362 | | - | data of record, in the amount of eight thousand one hundred eighty |
|---|
| 6363 | | - | dollars, and (IV) for each enrolled student who is not a resident of the |
|---|
| 6364 | | - | district that enrolls at least fifty-five per cent, but not more than eighty |
|---|
| 6365 | | - | per cent of the school's students, in an amount greater than the total |
|---|
| 6366 | | - | number of such enrolled students as of October 1, 2013, using the data |
|---|
| 6367 | | - | of record, in the amount of seven thousand eighty-five dollars. |
|---|
| 6368 | | - | (ii) For the fiscal years ending June 30, 2020, to June 30, 2022, |
|---|
| 6369 | | - | inclusive, each interdistrict magnet school operated by a regional |
|---|
| 6370 | | - | educational service center that began operations for the school year |
|---|
| 6371 | | - | commencing July 1, 2001, and that for the school year commencing July |
|---|
| 6372 | | - | 1, 2008, enrolled at least fifty-five per cent, but not more than eighty per |
|---|
| 6373 | | - | cent of the school's students from a single town, shall receive a per pupil |
|---|
| 6374 | | - | grant (I) for each enrolled student who is a resident of the district that |
|---|
| 6375 | | - | enrolls at least fifty-five per cent, but not more than eighty per cent of |
|---|
| 6376 | | - | the school's students, up to an amount equal to the total number of such |
|---|
| 6377 | | - | enrolled students as of October 1, 2013, using the data of record, in the |
|---|
| 6378 | | - | amount of eight thousand three hundred forty-four dollars, (II) for each |
|---|
| 6379 | | - | enrolled student who is a resident of the district that enrolls at least fifty- |
|---|
| 6380 | | - | five per cent, but not more than eighty per cent of the school's students, |
|---|
| 6381 | | - | in an amount greater than the total number of such enrolled students as |
|---|
| 6382 | | - | of October 1, 2013, using the data of record, in the amount of three |
|---|
| 6383 | | - | thousand sixty dollars, (III) for each enrolled student who is not a |
|---|
| 6384 | | - | resident of the district that enrolls at least fifty-five per cent, but no more |
|---|
| 6385 | | - | than eighty per cent of the school's students, up to an amount equal to |
|---|
| 6386 | | - | the total number of such enrolled students as of October 1, 2013, using |
|---|
| 6387 | | - | the data of record, in the amount of eight thousand three hundred forty- |
|---|
| 6388 | | - | four dollars, and (IV) for each enrolled student who is not a resident of |
|---|
| 6389 | | - | the district that enrolls at least fifty-five per cent, but not more than |
|---|
| 6390 | | - | eighty per cent of the school's students, in an amount greater than the |
|---|
| 6391 | | - | total number of such enrolled students as of October 1, 2013, using the |
|---|
| 6392 | | - | data of record, in the amount of seven thousand two hundred twenty- House Bill No. 5523 |
|---|
| 6393 | | - | |
|---|
| 6394 | | - | Public Act No. 24-81 166 of 351 |
|---|
| 6395 | | - | |
|---|
| 6396 | | - | seven dollars. |
|---|
| 6397 | | - | (D) (i) Except as otherwise provided in subparagraph (D)(ii) of this |
|---|
| 6398 | | - | subdivision, each interdistrict magnet school operated by (I) a regional |
|---|
| 6399 | | - | educational service center, (II) the Board of Trustees of the Community- |
|---|
| 6400 | | - | Technical Colleges on behalf of a regional community-technical college, |
|---|
| 6401 | | - | (III) the Board of Trustees of the Connecticut State University System on |
|---|
| 6402 | | - | behalf of a state university, (IV) the Board of Trustees for The University |
|---|
| 6403 | | - | of Connecticut on behalf of the university, (V) the board of governors |
|---|
| 6404 | | - | for an independent institution of higher education, as defined in |
|---|
| 6405 | | - | subsection (a) of section 10a-173, or the equivalent of such a board, on |
|---|
| 6406 | | - | behalf of the independent institution of higher education, except as |
|---|
| 6407 | | - | otherwise provided in subparagraph (E) of this subdivision, (VI) |
|---|
| 6408 | | - | cooperative arrangements pursuant to section 10-158a, (VII) any other |
|---|
| 6409 | | - | third-party not-for-profit corporation approved by the commissioner, |
|---|
| 6410 | | - | and (VIII) the Hartford school district for the operation of Great Path |
|---|
| 6411 | | - | Academy on behalf of Manchester Community College, that enrolls less |
|---|
| 6412 | | - | than sixty per cent of its students from Hartford shall receive a per pupil |
|---|
| 6413 | | - | grant in the amount of ten thousand six hundred fifty-two dollars for |
|---|
| 6414 | | - | the fiscal year ending June 30, 2024, and at least ten thousand six |
|---|
| 6415 | | - | hundred fifty-two dollars for the fiscal year ending June 30, 2025, and |
|---|
| 6416 | | - | each fiscal year thereafter, except the commissioner may make grants |
|---|
| 6417 | | - | under this subparagraph to an interdistrict magnet school operator |
|---|
| 6418 | | - | described in this subparagraph that enrolls more than sixty per cent of |
|---|
| 6419 | | - | its students from Hartford. |
|---|
| 6420 | | - | (ii) Any interdistrict magnet school described in subparagraph (D)(i) |
|---|
| 6421 | | - | of this subdivision that enrolls less than fifty per cent of its incoming |
|---|
| 6422 | | - | students from Hartford shall receive a per pupil grant (I) for the fiscal |
|---|
| 6423 | | - | year ending June 30, 2024, in the amount of eight thousand fifty-eight |
|---|
| 6424 | | - | dollars for one-half of the total number of non-Hartford students |
|---|
| 6425 | | - | enrolled in the school over fifty per cent of the total school enrollment |
|---|
| 6426 | | - | and shall receive a per pupil grant in the amount of ten thousand six House Bill No. 5523 |
|---|
| 6427 | | - | |
|---|
| 6428 | | - | Public Act No. 24-81 167 of 351 |
|---|
| 6429 | | - | |
|---|
| 6430 | | - | hundred fifty-two dollars for the remainder of the total school |
|---|
| 6431 | | - | enrollment, and (II) for the fiscal year ending June 30, 2025, and each |
|---|
| 6432 | | - | fiscal year thereafter, in the amount of at least eight thousand fifty-eight |
|---|
| 6433 | | - | dollars for one-half of the total number of non-Hartford students |
|---|
| 6434 | | - | enrolled in the school over fifty per cent of the total school enrollment |
|---|
| 6435 | | - | and shall receive a per pupil grant in the amount of at least ten thousand |
|---|
| 6436 | | - | six hundred fifty-two dollars for the remainder of the total school |
|---|
| 6437 | | - | enrollment, except the commissioner may, upon the written request of |
|---|
| 6438 | | - | an operator of such school, waive such fifty per cent enrollment |
|---|
| 6439 | | - | minimum for good cause. |
|---|
| 6440 | | - | (E) For the fiscal year ending June 30, 2015, and each fiscal year |
|---|
| 6441 | | - | thereafter, each interdistrict magnet school operated by the board of |
|---|
| 6442 | | - | governors for an independent institution of higher education, as defined |
|---|
| 6443 | | - | in subsection (a) of section 10a-173, or the equivalent of such a board, on |
|---|
| 6444 | | - | behalf of the independent institution of higher education, that (i) began |
|---|
| 6445 | | - | operations for the school year commencing July 1, 2014, (ii) enrolls less |
|---|
| 6446 | | - | than sixty per cent of its students from Hartford pursuant to the decision |
|---|
| 6447 | | - | in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order |
|---|
| 6448 | | - | in effect, as determined by the commissioner, and (iii) enrolls students |
|---|
| 6449 | | - | at least half-time, shall be eligible to receive a per pupil grant (I) equal |
|---|
| 6450 | | - | to sixty-five per cent of the grant amount determined pursuant to |
|---|
| 6451 | | - | subparagraph (D) of this subdivision for each student who is enrolled |
|---|
| 6452 | | - | at such school for at least two semesters in each school year, and (II) |
|---|
| 6453 | | - | equal to thirty-two and one-half per cent of the grant amount |
|---|
| 6454 | | - | determined pursuant to subparagraph (D) of this subdivision for each |
|---|
| 6455 | | - | student who is enrolled at such school for one semester in each school |
|---|
| 6456 | | - | year. |
|---|
| 6457 | | - | (F) Each interdistrict magnet school operated by a local or regional |
|---|
| 6458 | | - | board of education, pursuant to the decision in Sheff v. O'Neill, 238 |
|---|
| 6459 | | - | Conn. 1 (1996), or any related stipulation or order in effect, shall receive |
|---|
| 6460 | | - | a per pupil grant for each enrolled student who is not a resident of the House Bill No. 5523 |
|---|
| 6461 | | - | |
|---|
| 6462 | | - | Public Act No. 24-81 168 of 351 |
|---|
| 6463 | | - | |
|---|
| 6464 | | - | district in the amount of (i) thirteen thousand three hundred fifteen |
|---|
| 6465 | | - | dollars for the fiscal year ending June 30, 2024, and (ii) for the fiscal year |
|---|
| 6466 | | - | ending June 30, 2025, and each fiscal year thereafter, at least thirteen |
|---|
| 6467 | | - | thousand three hundred fifteen dollars. |
|---|
| 6468 | | - | (G) In addition to the grants described in subparagraph (E) of this |
|---|
| 6469 | | - | subdivision, for the fiscal year ending June 30, 2010, the commissioner |
|---|
| 6470 | | - | may, subject to the approval of the Secretary of the Office of Policy and |
|---|
| 6471 | | - | Management and the Finance Advisory Committee, established |
|---|
| 6472 | | - | pursuant to section 4-93, provide supplemental grants to the Hartford |
|---|
| 6473 | | - | school district of up to one thousand fifty-four dollars for each student |
|---|
| 6474 | | - | enrolled at an interdistrict magnet school operated by the Hartford |
|---|
| 6475 | | - | school district who is not a resident of such district. |
|---|
| 6476 | | - | (H) For the fiscal year ending June 30, 2016, and each fiscal year |
|---|
| 6477 | | - | thereafter, the half-day Greater Hartford Academy of the Arts |
|---|
| 6478 | | - | interdistrict magnet school operated by the Capital Region Education |
|---|
| 6479 | | - | Council shall be eligible to receive a per pupil grant equal to sixty-five |
|---|
| 6480 | | - | per cent of the per pupil grant specified in subparagraph (A) of this |
|---|
| 6481 | | - | subdivision. |
|---|
| 6482 | | - | (I) For the fiscal years ending June 30, 2016, to June 30, 2018, inclusive, |
|---|
| 6483 | | - | the half-day Greater Hartford Academy of Mathematics and Science |
|---|
| 6484 | | - | interdistrict magnet school operated by the Capitol Region Education |
|---|
| 6485 | | - | Council shall be eligible to receive a per pupil grant equal to six |
|---|
| 6486 | | - | thousand seven hundred eighty-seven dollars for (i) students enrolled |
|---|
| 6487 | | - | in grades ten to twelve, inclusive, for the fiscal year ending June 30, 2016, |
|---|
| 6488 | | - | (ii) students enrolled in grades eleven and twelve for the fiscal year |
|---|
| 6489 | | - | ending June 30, 2017, and (iii) students enrolled in grade twelve for the |
|---|
| 6490 | | - | fiscal year ending June 30, 2018. For the fiscal year ending June 30, 2016, |
|---|
| 6491 | | - | and each fiscal year thereafter, the half-day Greater Hartford Academy |
|---|
| 6492 | | - | of Mathematics and Science interdistrict magnet school shall not be |
|---|
| 6493 | | - | eligible for any additional grants pursuant to subsection (c) of this |
|---|
| 6494 | | - | section. House Bill No. 5523 |
|---|
| 6495 | | - | |
|---|
| 6496 | | - | Public Act No. 24-81 169 of 351 |
|---|
| 6497 | | - | |
|---|
| 6498 | | - | (4) For the fiscal years ending June 30, 2015, and June 30, 2016, the |
|---|
| 6499 | | - | department may limit payment to an interdistrict magnet school |
|---|
| 6500 | | - | operator to an amount equal to the grant that such magnet school |
|---|
| 6501 | | - | operator was eligible to receive based on the enrollment level of the |
|---|
| 6502 | | - | interdistrict magnet school program on October 1, 2013. Approval of |
|---|
| 6503 | | - | funding for enrollment above such enrollment level shall be prioritized |
|---|
| 6504 | | - | by the department as follows: (A) Increases in enrollment in an |
|---|
| 6505 | | - | interdistrict magnet school program that is adding planned new grade |
|---|
| 6506 | | - | levels for the school years commencing July 1, 2015, and July 1, 2016; (B) |
|---|
| 6507 | | - | increases in enrollment in an interdistrict magnet school program that |
|---|
| 6508 | | - | added planned new grade levels for the school year commencing July 1, |
|---|
| 6509 | | - | 2014, and was funded during the fiscal year ending June 30, 2015; (C) |
|---|
| 6510 | | - | increases in enrollment in an interdistrict magnet school program that |
|---|
| 6511 | | - | is moving into a permanent facility for the school years commencing |
|---|
| 6512 | | - | July 1, 2014, to July 1, 2016, inclusive; (D) increases in enrollment in an |
|---|
| 6513 | | - | interdistrict magnet school program to ensure compliance with |
|---|
| 6514 | | - | subsection (a) of this section; and (E) new enrollments for a new |
|---|
| 6515 | | - | interdistrict magnet school program commencing operations on or after |
|---|
| 6516 | | - | July 1, 2014, pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 |
|---|
| 6517 | | - | (1996), or any related stipulation or order in effect, as determined by the |
|---|
| 6518 | | - | commissioner. Any interdistrict magnet school program operating less |
|---|
| 6519 | | - | than full-time, but at least half-time, shall be eligible to receive a grant |
|---|
| 6520 | | - | equal to sixty-five per cent of the grant amount determined pursuant to |
|---|
| 6521 | | - | this subsection. |
|---|
| 6522 | | - | (5) For the fiscal year ending June 30, 2017, the department may limit |
|---|
| 6523 | | - | payment to an interdistrict magnet school operator to an amount equal |
|---|
| 6524 | | - | to the grant that such magnet school operator was eligible to receive |
|---|
| 6525 | | - | based on the enrollment level of the interdistrict magnet school program |
|---|
| 6526 | | - | on October 1, 2013, or October 1, 2015, whichever is lower. Approval of |
|---|
| 6527 | | - | funding for enrollment above such enrollment level shall be prioritized |
|---|
| 6528 | | - | by the department as follows: (A) Increases in enrollment in an |
|---|
| 6529 | | - | interdistrict magnet school program that is adding planned new grade House Bill No. 5523 |
|---|
| 6530 | | - | |
|---|
| 6531 | | - | Public Act No. 24-81 170 of 351 |
|---|
| 6532 | | - | |
|---|
| 6533 | | - | levels for the school years commencing July 1, 2015, and July 1, 2016; (B) |
|---|
| 6534 | | - | increases in enrollment in an interdistrict magnet school program that |
|---|
| 6535 | | - | added planned new grade levels for the school year commencing July 1, |
|---|
| 6536 | | - | 2014, and was funded during the fiscal year ending June 30, 2015; (C) |
|---|
| 6537 | | - | increases in enrollment in an interdistrict magnet school program that |
|---|
| 6538 | | - | added planned new grade levels for the school year commencing July 1, |
|---|
| 6539 | | - | 2015, and was funded during the fiscal year ending June 30, 2016; and |
|---|
| 6540 | | - | (D) increases in enrollment in an interdistrict magnet school program to |
|---|
| 6541 | | - | ensure compliance with subsection (a) of this section. Any interdistrict |
|---|
| 6542 | | - | magnet school program operating less than full-time, but at least half- |
|---|
| 6543 | | - | time, shall be eligible to receive a grant equal to sixty-five per cent of the |
|---|
| 6544 | | - | grant amount determined pursuant to this subsection. |
|---|
| 6545 | | - | (6) For the fiscal year ending June 30, 2018, and within available |
|---|
| 6546 | | - | appropriations, the department may limit payment to an interdistrict |
|---|
| 6547 | | - | magnet school operator to an amount equal to the grant that such |
|---|
| 6548 | | - | magnet school operator was eligible to receive based on the enrollment |
|---|
| 6549 | | - | level of the interdistrict magnet school program on October 1, 2013, |
|---|
| 6550 | | - | October 1, 2015, or October 1, 2016, whichever is lower. Approval of |
|---|
| 6551 | | - | funding for enrollment above such enrollment level shall be prioritized |
|---|
| 6552 | | - | by the department and subject to the commissioner's approval, |
|---|
| 6553 | | - | including increases in enrollment in an interdistrict magnet school |
|---|
| 6554 | | - | program as a result of planned and approved new grade levels. Any |
|---|
| 6555 | | - | interdistrict magnet school program operating less than full-time, but at |
|---|
| 6556 | | - | least half-time, shall be eligible to receive a grant equal to sixty-five per |
|---|
| 6557 | | - | cent of the grant amount determined pursuant to this subsection. |
|---|
| 6558 | | - | (7) For the fiscal year ending June 30, 2019, and within available |
|---|
| 6559 | | - | appropriations, the department may limit payment to an interdistrict |
|---|
| 6560 | | - | magnet school operator to an amount equal to the grant that such |
|---|
| 6561 | | - | magnet school operator was eligible to receive based on the enrollment |
|---|
| 6562 | | - | level of the interdistrict magnet school program on October 1, 2013, |
|---|
| 6563 | | - | October 1, 2015, October 1, 2016, or October 1, 2017, whichever is lower. House Bill No. 5523 |
|---|
| 6564 | | - | |
|---|
| 6565 | | - | Public Act No. 24-81 171 of 351 |
|---|
| 6566 | | - | |
|---|
| 6567 | | - | Approval of funding for enrollment above such enrollment level shall |
|---|
| 6568 | | - | be prioritized by the department and subject to the commissioner's |
|---|
| 6569 | | - | approval, including increases in enrollment in an interdistrict magnet |
|---|
| 6570 | | - | school program as a result of planned and approved new grade levels. |
|---|
| 6571 | | - | Any interdistrict magnet school program operating less than full-time, |
|---|
| 6572 | | - | but at least half-time, shall be eligible to receive a grant equal to sixty- |
|---|
| 6573 | | - | five per cent of the grant amount determined pursuant to this |
|---|
| 6574 | | - | subsection. |
|---|
| 6575 | | - | (8) For the fiscal year ending June 30, 2020, and within available |
|---|
| 6576 | | - | appropriations, the department may limit payment to an interdistrict |
|---|
| 6577 | | - | magnet school operator to an amount equal to the grant that such |
|---|
| 6578 | | - | magnet school operator was eligible to receive based on the enrollment |
|---|
| 6579 | | - | level of the interdistrict magnet school program on October 1, 2013, |
|---|
| 6580 | | - | October 1, 2015, October 1, 2016, October 1, 2017, or October 1, 2018, |
|---|
| 6581 | | - | whichever is lower. Approval of funding for enrollment above such |
|---|
| 6582 | | - | enrollment level shall be prioritized by the department and subject to |
|---|
| 6583 | | - | the commissioner's approval, including increases in enrollment in an |
|---|
| 6584 | | - | interdistrict magnet school program as a result of planned and |
|---|
| 6585 | | - | approved new grade levels. Any interdistrict magnet school program |
|---|
| 6586 | | - | operating less than full-time, but at least half-time, shall be eligible to |
|---|
| 6587 | | - | receive a grant equal to sixty-five per cent of the grant amount |
|---|
| 6588 | | - | determined pursuant to this subsection. |
|---|
| 6589 | | - | (9) For the fiscal year ending June 30, 2021, and within available |
|---|
| 6590 | | - | appropriations, the department may limit payment to an interdistrict |
|---|
| 6591 | | - | magnet school operator to an amount equal to the grant that such |
|---|
| 6592 | | - | magnet school operator was eligible to receive based on the enrollment |
|---|
| 6593 | | - | level of the interdistrict magnet school program on October 1, 2013, |
|---|
| 6594 | | - | October 1, 2015, October 1, 2016, October 1, 2017, October 1, 2018, or |
|---|
| 6595 | | - | October 1, 2019, whichever is lower. Approval of funding for enrollment |
|---|
| 6596 | | - | above such enrollment level shall be prioritized by the department and |
|---|
| 6597 | | - | subject to the commissioner's approval, including increases in House Bill No. 5523 |
|---|
| 6598 | | - | |
|---|
| 6599 | | - | Public Act No. 24-81 172 of 351 |
|---|
| 6600 | | - | |
|---|
| 6601 | | - | enrollment in an interdistrict magnet school program as a result of |
|---|
| 6602 | | - | planned and approved new grade levels. Any interdistrict magnet |
|---|
| 6603 | | - | school program operating less than full-time, but at least half-time, shall |
|---|
| 6604 | | - | be eligible to receive a grant equal to sixty-five per cent of the grant |
|---|
| 6605 | | - | amount determined pursuant to this subsection.] |
|---|
| 6606 | | - | [(10)] (3) Within available appropriations, the commissioner may |
|---|
| 6607 | | - | make grants to the following entities that operate an interdistrict magnet |
|---|
| 6608 | | - | school that assists the state in meeting its obligations pursuant to the |
|---|
| 6609 | | - | decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation |
|---|
| 6610 | | - | or order in effect, as determined by the commissioner and that provide |
|---|
| 6611 | | - | academic support programs and summer school educational programs |
|---|
| 6612 | | - | approved by the commissioner to students participating in such |
|---|
| 6613 | | - | interdistrict magnet school program: (A) Regional educational service |
|---|
| 6614 | | - | centers, (B) local and regional boards of education, (C) the Board of |
|---|
| 6615 | | - | Trustees of the Community-Technical Colleges on behalf of a regional |
|---|
| 6616 | | - | community-technical college, (D) the Board of Trustees of the |
|---|
| 6617 | | - | Connecticut State University System on behalf of a state university, (E) |
|---|
| 6618 | | - | the Board of Trustees for The University of Connecticut on behalf of the |
|---|
| 6619 | | - | university, (F) the board of governors for an independent institution of |
|---|
| 6620 | | - | higher education, as defined in subsection (a) of section 10a-173, or the |
|---|
| 6621 | | - | equivalent of such a board, on behalf of the independent institution of |
|---|
| 6622 | | - | higher education, (G) cooperative arrangements pursuant to section 10- |
|---|
| 6623 | | - | 158a, and (H) any other third-party not-for-profit corporation approved |
|---|
| 6624 | | - | by the commissioner. |
|---|
| 6625 | | - | [(11)] (4) Within available appropriations, the Commissioner of |
|---|
| 6626 | | - | Education may make grants, in an amount not to exceed seventy-five |
|---|
| 6627 | | - | thousand dollars, for start-up costs associated with the development of |
|---|
| 6628 | | - | new interdistrict magnet school programs that assist the state in meeting |
|---|
| 6629 | | - | its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 |
|---|
| 6630 | | - | (1996), or any related stipulation or order in effect, as determined by the |
|---|
| 6631 | | - | commissioner, to the following entities that develop such a program: (A) House Bill No. 5523 |
|---|
| 6632 | | - | |
|---|
| 6633 | | - | Public Act No. 24-81 173 of 351 |
|---|
| 6634 | | - | |
|---|
| 6635 | | - | Regional educational service centers, (B) local and regional boards of |
|---|
| 6636 | | - | education, (C) the Board of Trustees of the Community-Technical |
|---|
| 6637 | | - | Colleges on behalf of a regional community-technical college, (D) the |
|---|
| 6638 | | - | Board of Trustees of the Connecticut State University System on behalf |
|---|
| 6639 | | - | of a state university, (E) the Board of Trustees for The University of |
|---|
| 6640 | | - | Connecticut on behalf of the university, (F) the board of governors for |
|---|
| 6641 | | - | an independent institution of higher education, as defined in subsection |
|---|
| 6642 | | - | (a) of section 10a-173, or the equivalent of such a board, on behalf of the |
|---|
| 6643 | | - | independent institution of higher education, (G) cooperative |
|---|
| 6644 | | - | arrangements pursuant to section 10-158a, and (H) any other third-party |
|---|
| 6645 | | - | not-for-profit corporation approved by the commissioner. |
|---|
| 6646 | | - | [(12) For the fiscal year ending June 30, 2023, and each fiscal year |
|---|
| 6647 | | - | thereafter, the department shall make grants determined pursuant to |
|---|
| 6648 | | - | this subsection within available appropriations, and in no case shall the |
|---|
| 6649 | | - | total grant paid to an interdistrict magnet school operator pursuant to |
|---|
| 6650 | | - | this section exceed the aggregate total of the reasonable operating |
|---|
| 6651 | | - | budgets of the interdistrict magnet school programs of such operator, |
|---|
| 6652 | | - | less revenues from other sources. |
|---|
| 6653 | | - | (13) Any interdistrict magnet school program operating less than full- |
|---|
| 6654 | | - | time, but at least half-time, shall be eligible to receive a grant equal to |
|---|
| 6655 | | - | sixty-five per cent of the grant amount determined pursuant to this |
|---|
| 6656 | | - | subsection.] |
|---|
| 6657 | | - | (d) [(1)] Grants made pursuant to this section [, except those made |
|---|
| 6658 | | - | pursuant to subdivision (7) of subsection (c) of this section and |
|---|
| 6659 | | - | subdivision (2) of this subsection,] and section 112 of this act shall be |
|---|
| 6660 | | - | paid as follows: Seventy per cent not later than September first and the |
|---|
| 6661 | | - | balance not later than May first of each fiscal year. The May first |
|---|
| 6662 | | - | payment shall be adjusted to reflect actual interdistrict magnet school |
|---|
| 6663 | | - | program enrollment as of the preceding October first using the data of |
|---|
| 6664 | | - | record as of the intervening January thirty-first, if the actual level of |
|---|
| 6665 | | - | enrollment is lower than the projected enrollment stated in the House Bill No. 5523 |
|---|
| 6666 | | - | |
|---|
| 6667 | | - | Public Act No. 24-81 174 of 351 |
|---|
| 6668 | | - | |
|---|
| 6669 | | - | approved grant application. The May first payment shall be further |
|---|
| 6670 | | - | adjusted for the difference between the total grant received by the |
|---|
| 6671 | | - | magnet school operator in the prior fiscal year and the revised total |
|---|
| 6672 | | - | grant amount calculated for the prior fiscal year in cases where the |
|---|
| 6673 | | - | aggregate financial audit submitted by the interdistrict magnet school |
|---|
| 6674 | | - | operator pursuant to subdivision (1) of subsection (n) of this section |
|---|
| 6675 | | - | indicates an overpayment by the department. Notwithstanding the |
|---|
| 6676 | | - | provisions of this section to the contrary, grants made pursuant to this |
|---|
| 6677 | | - | section may be paid to each interdistrict magnet school operator as an |
|---|
| 6678 | | - | aggregate total of the amount that the interdistrict magnet schools |
|---|
| 6679 | | - | operated by each such operator are eligible to receive under this section. |
|---|
| 6680 | | - | Each interdistrict magnet school operator may distribute such aggregate |
|---|
| 6681 | | - | grant among the interdistrict magnet school programs that such |
|---|
| 6682 | | - | operator is operating pursuant to a distribution plan approved by the |
|---|
| 6683 | | - | Commissioner of Education. |
|---|
| 6684 | | - | [(2) For the fiscal year ending June 30, 2016, and each fiscal year |
|---|
| 6685 | | - | thereafter, grants made pursuant to subparagraph (E) of subdivision (3) |
|---|
| 6686 | | - | of subsection (c) of this section shall be paid as follows: Fifty per cent of |
|---|
| 6687 | | - | the amount not later than September first based on estimated student |
|---|
| 6688 | | - | enrollment for the first semester on September first, and another fifty |
|---|
| 6689 | | - | per cent not later than May first of each fiscal year based on actual |
|---|
| 6690 | | - | student enrollment for the second semester on February first. The May |
|---|
| 6691 | | - | first payment shall be adjusted to reflect actual interdistrict magnet |
|---|
| 6692 | | - | school program enrollment for those students who have been enrolled |
|---|
| 6693 | | - | at such school for at least two semesters of the school year, using the |
|---|
| 6694 | | - | data of record, and actual student enrollment for those students who |
|---|
| 6695 | | - | have been enrolled at such school for only one semester, using data of |
|---|
| 6696 | | - | record. The May first payment shall be further adjusted for the |
|---|
| 6697 | | - | difference between the total grant received by the magnet school |
|---|
| 6698 | | - | operator in the prior fiscal year and the revised total grant amount |
|---|
| 6699 | | - | calculated for the prior fiscal year where the financial audit submitted |
|---|
| 6700 | | - | by the interdistrict magnet school operator pursuant to subdivision (1) House Bill No. 5523 |
|---|
| 6701 | | - | |
|---|
| 6702 | | - | Public Act No. 24-81 175 of 351 |
|---|
| 6703 | | - | |
|---|
| 6704 | | - | of subsection (n) of this section indicates an overpayment by the |
|---|
| 6705 | | - | department.] |
|---|
| 6706 | | - | (e) The Department of Education may retain up to one-half of one per |
|---|
| 6707 | | - | cent of the amount appropriated, in an amount not to exceed five |
|---|
| 6708 | | - | hundred thousand dollars, for purposes of this section for program |
|---|
| 6709 | | - | evaluation and administration. |
|---|
| 6710 | | - | (f) Each local or regional school district in which an interdistrict |
|---|
| 6711 | | - | magnet school is located shall provide the same kind of transportation |
|---|
| 6712 | | - | to its children enrolled in such interdistrict magnet school as it provides |
|---|
| 6713 | | - | to its children enrolled in other public schools in such local or regional |
|---|
| 6714 | | - | school district. The parent or guardian of a child denied the |
|---|
| 6715 | | - | transportation services required to be provided pursuant to this |
|---|
| 6716 | | - | subsection may appeal such denial in the manner provided in sections |
|---|
| 6717 | | - | 10-186 and 10-187. |
|---|
| 6718 | | - | (g) On or before October fifteenth of each year, the Commissioner of |
|---|
| 6719 | | - | Education shall determine if interdistrict magnet school enrollment is |
|---|
| 6720 | | - | below the number of students for which funds were appropriated. If the |
|---|
| 6721 | | - | commissioner determines that the enrollment is below such number, the |
|---|
| 6722 | | - | additional funds shall not lapse but shall be used by the commissioner |
|---|
| 6723 | | - | for grants for interdistrict cooperative programs pursuant to section 10- |
|---|
| 6724 | | - | 74d. |
|---|
| 6725 | | - | (h) (1) In the case of a student identified as requiring special |
|---|
| 6726 | | - | education, the school district in which the student resides shall: (A) |
|---|
| 6727 | | - | Hold the planning and placement team meeting for such student and |
|---|
| 6728 | | - | shall invite representatives from the interdistrict magnet school to |
|---|
| 6729 | | - | participate in such meeting; and (B) pay the interdistrict magnet school |
|---|
| 6730 | | - | an amount equal to the difference between the reasonable cost of |
|---|
| 6731 | | - | educating such student and the sum of the amount received by the |
|---|
| 6732 | | - | interdistrict magnet school for such student pursuant to subsection (c) |
|---|
| 6733 | | - | of this section and amounts received from other state, federal, local or House Bill No. 5523 |
|---|
| 6734 | | - | |
|---|
| 6735 | | - | Public Act No. 24-81 176 of 351 |
|---|
| 6736 | | - | |
|---|
| 6737 | | - | private sources calculated on a per pupil basis. Such school district shall |
|---|
| 6738 | | - | be eligible for reimbursement pursuant to section 10-76g. If a student |
|---|
| 6739 | | - | requiring special education attends an interdistrict magnet school on a |
|---|
| 6740 | | - | full-time basis, such interdistrict magnet school shall be responsible for |
|---|
| 6741 | | - | ensuring that such student receives the services mandated by the |
|---|
| 6742 | | - | student's individualized education program whether such services are |
|---|
| 6743 | | - | provided by the interdistrict magnet school or by the school district in |
|---|
| 6744 | | - | which the student resides. |
|---|
| 6745 | | - | (2) In the case of a student with a plan pursuant to Section 504 of the |
|---|
| 6746 | | - | Rehabilitation Act of 1973, as amended from time to time, the school |
|---|
| 6747 | | - | district in which the student resides shall pay the interdistrict magnet |
|---|
| 6748 | | - | school an amount equal to the difference between the reasonable cost of |
|---|
| 6749 | | - | educating such student and the sum of the amount received by the |
|---|
| 6750 | | - | interdistrict magnet school for such student pursuant to subsection (c) |
|---|
| 6751 | | - | of this section and amounts received from other state, federal, local or |
|---|
| 6752 | | - | private sources calculated on a per pupil basis. If a student with a plan |
|---|
| 6753 | | - | pursuant to Section 504 of the Rehabilitation Act of 1973, as amended |
|---|
| 6754 | | - | from time to time, attends an interdistrict magnet school on a full-time |
|---|
| 6755 | | - | basis, such interdistrict magnet school shall be responsible for ensuring |
|---|
| 6756 | | - | that such student receives the services mandated by the student's plan, |
|---|
| 6757 | | - | whether such services are provided by the interdistrict magnet school |
|---|
| 6758 | | - | or by the school district in which the student resides. |
|---|
| 6759 | | - | (i) Nothing in this section shall be construed to prohibit the |
|---|
| 6760 | | - | enrollment of nonpublic school students in an interdistrict magnet |
|---|
| 6761 | | - | school program that operates less than full-time, provided (1) such |
|---|
| 6762 | | - | students constitute no more than five per cent of the full-time equivalent |
|---|
| 6763 | | - | enrollment in such magnet school program, and (2) such students are |
|---|
| 6764 | | - | not counted for purposes of determining the amount of grants pursuant |
|---|
| 6765 | | - | to this section and section 10-264i. |
|---|
| 6766 | | - | (j) After accommodating students from participating districts in |
|---|
| 6767 | | - | accordance with an approved enrollment agreement, an interdistrict House Bill No. 5523 |
|---|
| 6768 | | - | |
|---|
| 6769 | | - | Public Act No. 24-81 177 of 351 |
|---|
| 6770 | | - | |
|---|
| 6771 | | - | magnet school operator that has unused student capacity may enroll |
|---|
| 6772 | | - | directly into its program any interested student. A student from a |
|---|
| 6773 | | - | district that is not participating in an interdistrict magnet school or the |
|---|
| 6774 | | - | interdistrict student attendance program pursuant to section 10-266aa |
|---|
| 6775 | | - | to an extent determined by the Commissioner of Education shall be |
|---|
| 6776 | | - | given preference. The local or regional board of education otherwise |
|---|
| 6777 | | - | responsible for educating such student shall contribute funds to support |
|---|
| 6778 | | - | the operation of the interdistrict magnet school in an amount equal to |
|---|
| 6779 | | - | the per student tuition, if any, charged to participating districts, except |
|---|
| 6780 | | - | for the fiscal year ending June 30, 2025, and each fiscal year thereafter, |
|---|
| 6781 | | - | such per student tuition charged to such participating districts shall not |
|---|
| 6782 | | - | exceed fifty-eight per cent the per student tuition charged during the |
|---|
| 6783 | | - | fiscal year ending June 30, 2024. |
|---|
| 6784 | | - | (k) [(1)] For the fiscal year ending June 30, 2014, and each fiscal year |
|---|
| 6785 | | - | thereafter, any tuition charged to a local or regional board of education |
|---|
| 6786 | | - | by (1) a regional educational service center operating an interdistrict |
|---|
| 6787 | | - | magnet school, [or any tuition charged by] (2) the Hartford school |
|---|
| 6788 | | - | district operating the Great Path Academy on behalf of Manchester |
|---|
| 6789 | | - | Community College, or (3) any interdistrict magnet school operator |
|---|
| 6790 | | - | described in section 10-264s, for any student enrolled in kindergarten to |
|---|
| 6791 | | - | grade twelve, inclusive, in such interdistrict magnet school shall be in |
|---|
| 6792 | | - | an amount equal to the difference between (A) the average per pupil |
|---|
| 6793 | | - | expenditure of the magnet school for the prior fiscal year, and (B) the |
|---|
| 6794 | | - | amount of any per pupil state subsidy calculated under subsection (c) |
|---|
| 6795 | | - | of this section plus any revenue from other sources calculated on a per |
|---|
| 6796 | | - | pupil basis, except for the fiscal year ending June 30, 2025, and each |
|---|
| 6797 | | - | fiscal year thereafter, the per student tuition charged to a local or |
|---|
| 6798 | | - | regional board of education shall not exceed fifty-eight per cent the per |
|---|
| 6799 | | - | student tuition charged during the fiscal year ending June 30, 2024. If |
|---|
| 6800 | | - | any such board of education fails to pay such tuition, the commissioner |
|---|
| 6801 | | - | may withhold from such board's town or towns a sum payable under |
|---|
| 6802 | | - | section 10-262i in an amount not to exceed the amount of the unpaid House Bill No. 5523 |
|---|
| 6803 | | - | |
|---|
| 6804 | | - | Public Act No. 24-81 178 of 351 |
|---|
| 6805 | | - | |
|---|
| 6806 | | - | tuition to the magnet school and pay such money to the fiscal agent for |
|---|
| 6807 | | - | the magnet school as a supplementary grant for the operation of the |
|---|
| 6808 | | - | interdistrict magnet school program. In no case shall the sum of such |
|---|
| 6809 | | - | tuitions exceed the difference between (i) the total expenditures of the |
|---|
| 6810 | | - | magnet school for the prior fiscal year, and (ii) the total per pupil state |
|---|
| 6811 | | - | subsidy calculated under subsection (c) of this section plus any revenue |
|---|
| 6812 | | - | from other sources. The commissioner may conduct a comprehensive |
|---|
| 6813 | | - | financial review of the operating budget of a magnet school to verify |
|---|
| 6814 | | - | such tuition rate. |
|---|
| 6815 | | - | [(2) (A) For the fiscal years ending June 30, 2013, and June 30, 2014, a |
|---|
| 6816 | | - | regional educational service center operating an interdistrict magnet |
|---|
| 6817 | | - | school offering a preschool program that is not located in the Sheff |
|---|
| 6818 | | - | region may charge tuition to the Department of Education for a child |
|---|
| 6819 | | - | enrolled in such preschool program in an amount not to exceed an |
|---|
| 6820 | | - | amount equal to the difference between (i) the average per pupil |
|---|
| 6821 | | - | expenditure of the preschool program offered at the magnet school for |
|---|
| 6822 | | - | the prior fiscal year, and (ii) the amount of any per pupil state subsidy |
|---|
| 6823 | | - | calculated under subsection (c) of this section plus any revenue from |
|---|
| 6824 | | - | other sources calculated on a per pupil basis. The commissioner may |
|---|
| 6825 | | - | conduct a comprehensive financial review of the operating budget of |
|---|
| 6826 | | - | any such magnet school charging such tuition to verify such tuition rate. |
|---|
| 6827 | | - | For purposes of this subdivision, "Sheff region" means the school |
|---|
| 6828 | | - | districts for the towns of Avon, Bloomfield, Canton, East Granby, East |
|---|
| 6829 | | - | Hartford, East Windsor, Ellington, Farmington, Glastonbury, Granby, |
|---|
| 6830 | | - | Hartford, Manchester, Newington, Rocky Hill, Simsbury, South |
|---|
| 6831 | | - | Windsor, Suffield, Vernon, West Hartford, Wethersfield, Windsor and |
|---|
| 6832 | | - | Windsor Locks. |
|---|
| 6833 | | - | (B) For the fiscal year ending June 30, 2015, a regional educational |
|---|
| 6834 | | - | service center operating an interdistrict magnet school offering a |
|---|
| 6835 | | - | preschool program that is not located in the Sheff region may charge |
|---|
| 6836 | | - | tuition to the parent or guardian of a child enrolled in such preschool House Bill No. 5523 |
|---|
| 6837 | | - | |
|---|
| 6838 | | - | Public Act No. 24-81 179 of 351 |
|---|
| 6839 | | - | |
|---|
| 6840 | | - | program in an amount that is in accordance with the sliding tuition scale |
|---|
| 6841 | | - | adopted by the State Board of Education pursuant to section 10-264p. |
|---|
| 6842 | | - | The Department of Education shall be financially responsible for any |
|---|
| 6843 | | - | unpaid portion of the tuition not charged to such parent or guardian |
|---|
| 6844 | | - | under such sliding tuition scale. Such tuition shall not exceed an amount |
|---|
| 6845 | | - | equal to the difference between (i) the average per pupil expenditure of |
|---|
| 6846 | | - | the preschool program offered at the magnet school for the prior fiscal |
|---|
| 6847 | | - | year, and (ii) the amount of any per pupil state subsidy calculated under |
|---|
| 6848 | | - | subsection (c) of this section plus any revenue from other sources |
|---|
| 6849 | | - | calculated on a per pupil basis. The commissioner may conduct a |
|---|
| 6850 | | - | comprehensive financial review of the operating budget of any such |
|---|
| 6851 | | - | magnet school charging such tuition to verify such tuition rate.] |
|---|
| 6852 | | - | [(C)] (2) For the fiscal year ending June 30, 2016, and each fiscal year |
|---|
| 6853 | | - | thereafter, a regional educational service center operating an |
|---|
| 6854 | | - | interdistrict magnet school offering a preschool program that is not |
|---|
| 6855 | | - | located in the Sheff region shall charge tuition to the parent or guardian |
|---|
| 6856 | | - | of a child enrolled in such preschool program in an amount up to four |
|---|
| 6857 | | - | thousand fifty-three dollars, except such regional educational service |
|---|
| 6858 | | - | center shall [(i)] (A) not charge tuition to such parent or guardian with |
|---|
| 6859 | | - | a family income at or below seventy-five per cent of the state median |
|---|
| 6860 | | - | income, and [(ii)] (B) for the fiscal year ending June 30, 2025, and each |
|---|
| 6861 | | - | fiscal year thereafter, charge tuition to such parent or guardian in an |
|---|
| 6862 | | - | amount not to exceed fifty-eight per cent of the tuition charged during |
|---|
| 6863 | | - | the fiscal year ending June 30, 2024. The Department of Education shall, |
|---|
| 6864 | | - | within available appropriations, be financially responsible for any |
|---|
| 6865 | | - | unpaid tuition charged to such parent or guardian with a family income |
|---|
| 6866 | | - | at or below seventy-five per cent of the state median income. The |
|---|
| 6867 | | - | commissioner may conduct a comprehensive financial review of the |
|---|
| 6868 | | - | operating budget of any such magnet school charging such tuition to |
|---|
| 6869 | | - | verify such tuition rate. |
|---|
| 6870 | | - | (l) A participating district shall provide opportunities for its students House Bill No. 5523 |
|---|
| 6871 | | - | |
|---|
| 6872 | | - | Public Act No. 24-81 180 of 351 |
|---|
| 6873 | | - | |
|---|
| 6874 | | - | to attend an interdistrict magnet school in a number that is at least equal |
|---|
| 6875 | | - | to the number specified in any written agreement with an interdistrict |
|---|
| 6876 | | - | magnet school operator or in a number that is at least equal to the |
|---|
| 6877 | | - | average number of students that the participating district enrolled in |
|---|
| 6878 | | - | such magnet school during the previous three school years. |
|---|
| 6879 | | - | (m) (1) On or before May 15, 2010, and annually thereafter, each |
|---|
| 6880 | | - | interdistrict magnet school operator shall provide written notification to |
|---|
| 6881 | | - | any school district that is otherwise responsible for educating a student |
|---|
| 6882 | | - | who resides in such school district and will be enrolled in an interdistrict |
|---|
| 6883 | | - | magnet school under the operator's control for the following school |
|---|
| 6884 | | - | year. Such notification shall include (A) the number of any such |
|---|
| 6885 | | - | students, by grade, who will be enrolled in an interdistrict magnet |
|---|
| 6886 | | - | school under the control of such operator, (B) the name of the school in |
|---|
| 6887 | | - | which such student has been placed, and (C) the amount of tuition to be |
|---|
| 6888 | | - | charged to the local or regional board of education for such student. |
|---|
| 6889 | | - | Such notification shall represent an estimate of the number of students |
|---|
| 6890 | | - | expected to attend such interdistrict magnet schools in the following |
|---|
| 6891 | | - | school year, but shall not be deemed to limit the number of students |
|---|
| 6892 | | - | who may enroll in such interdistrict magnet schools for such year. |
|---|
| 6893 | | - | (2) For the school year commencing July 1, 2015, and each school year |
|---|
| 6894 | | - | thereafter, any interdistrict magnet school operator that is a local or |
|---|
| 6895 | | - | regional board of education and did not charge tuition to another local |
|---|
| 6896 | | - | or regional board of education for the school year commencing July 1, |
|---|
| 6897 | | - | 2014, may not charge tuition to such board unless (A) such operator |
|---|
| 6898 | | - | receives authorization from the Commissioner of Education to charge |
|---|
| 6899 | | - | the proposed tuition, and (B) if such authorization is granted, such |
|---|
| 6900 | | - | operator provides written notification on or before September first of |
|---|
| 6901 | | - | the school year prior to the school year in which such tuition is to be |
|---|
| 6902 | | - | charged to such board of the tuition to be charged to such board for each |
|---|
| 6903 | | - | student that such board is otherwise responsible for educating and is |
|---|
| 6904 | | - | enrolled at the interdistrict magnet school under such operator's control, House Bill No. 5523 |
|---|
| 6905 | | - | |
|---|
| 6906 | | - | Public Act No. 24-81 181 of 351 |
|---|
| 6907 | | - | |
|---|
| 6908 | | - | except for the fiscal year ending June 30, 2025, and each fiscal year |
|---|
| 6909 | | - | thereafter, the amount of such tuition charged to such other local or |
|---|
| 6910 | | - | regional board of education shall not exceed fifty-eight per cent the per |
|---|
| 6911 | | - | student tuition charged during the fiscal year ending June 30, 2024. In |
|---|
| 6912 | | - | deciding whether to authorize an interdistrict magnet school operator |
|---|
| 6913 | | - | to charge tuition under this subdivision, the commissioner shall |
|---|
| 6914 | | - | consider (i) the average per pupil expenditure of such operator for each |
|---|
| 6915 | | - | interdistrict magnet school under the control of such operator, and (ii) |
|---|
| 6916 | | - | the amount of any per pupil state subsidy and any revenue from other |
|---|
| 6917 | | - | sources received by such operator. The commissioner may conduct a |
|---|
| 6918 | | - | comprehensive financial review of the operating budget of the magnet |
|---|
| 6919 | | - | school of such operator to verify that the tuition is appropriate. The |
|---|
| 6920 | | - | provisions of this subdivision shall not apply to any interdistrict magnet |
|---|
| 6921 | | - | school operator that is a regional educational service center or assisting |
|---|
| 6922 | | - | the state in meeting its obligations pursuant to the decision in Sheff v. |
|---|
| 6923 | | - | O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, |
|---|
| 6924 | | - | as determined by the Commissioner of Education. |
|---|
| 6925 | | - | (3) Not later than two weeks following an enrollment lottery for an |
|---|
| 6926 | | - | interdistrict magnet school conducted by a magnet school operator, the |
|---|
| 6927 | | - | parent or guardian of a student (A) who will enroll in such interdistrict |
|---|
| 6928 | | - | magnet school in the following school year, or (B) whose name has been |
|---|
| 6929 | | - | placed on a waiting list for enrollment in such interdistrict magnet |
|---|
| 6930 | | - | school for the following school year, shall provide written notification |
|---|
| 6931 | | - | of such prospective enrollment or waiting list placement to the school |
|---|
| 6932 | | - | district in which such student resides and is otherwise responsible for |
|---|
| 6933 | | - | educating such student. |
|---|
| 6934 | | - | (n) (1) Each interdistrict magnet school operator shall annually file |
|---|
| 6935 | | - | with the Commissioner of Education, at such time and in such manner |
|---|
| 6936 | | - | as the commissioner prescribes, (A) a financial audit for each |
|---|
| 6937 | | - | interdistrict magnet school operated by such operator, and (B) an |
|---|
| 6938 | | - | aggregate financial audit for all of the interdistrict magnet schools House Bill No. 5523 |
|---|
| 6939 | | - | |
|---|
| 6940 | | - | Public Act No. 24-81 182 of 351 |
|---|
| 6941 | | - | |
|---|
| 6942 | | - | operated by such operator. |
|---|
| 6943 | | - | (2) Annually, the commissioner shall randomly select one |
|---|
| 6944 | | - | interdistrict magnet school operated by a regional educational service |
|---|
| 6945 | | - | center to be subject to a comprehensive financial audit conducted by an |
|---|
| 6946 | | - | auditor selected by the commissioner. The regional educational service |
|---|
| 6947 | | - | center shall be responsible for all costs associated with the audit |
|---|
| 6948 | | - | conducted pursuant to the provisions of this subdivision. |
|---|
| 6949 | | - | (o) For the school year commencing July 1, 2023, any local or regional |
|---|
| 6950 | | - | board of education operating an interdistrict magnet school pursuant to |
|---|
| 6951 | | - | the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related |
|---|
| 6952 | | - | stipulation or order in effect, shall not charge tuition for any student |
|---|
| 6953 | | - | enrolled in a preschool program or in kindergarten to grade twelve, |
|---|
| 6954 | | - | inclusive, in an interdistrict magnet school operated by such school |
|---|
| 6955 | | - | district, except the Hartford school district may charge tuition for any |
|---|
| 6956 | | - | student enrolled in the Great Path Academy. |
|---|
| 6957 | | - | (p) (1) For the fiscal year ending June 30, 2023, and each fiscal year |
|---|
| 6958 | | - | thereafter, if the East Hartford school district or the Manchester school |
|---|
| 6959 | | - | district has greater than four per cent of its resident students, as defined |
|---|
| 6960 | | - | in section 10-262f, enrolled in an interdistrict magnet school program, |
|---|
| 6961 | | - | then the board of education for the town of East Hartford or the town of |
|---|
| 6962 | | - | Manchester shall not be financially responsible for four thousand four |
|---|
| 6963 | | - | hundred dollars of the portion of the per student tuition charged for |
|---|
| 6964 | | - | each such student in excess of such four per cent. The Department of |
|---|
| 6965 | | - | Education shall, within available appropriations, be financially |
|---|
| 6966 | | - | responsible for such excess per student tuition. Notwithstanding the |
|---|
| 6967 | | - | provisions of this subsection, for the fiscal year ending June 30, 2023, |
|---|
| 6968 | | - | and each fiscal year thereafter, the amount of the grants payable to the |
|---|
| 6969 | | - | boards of education for the towns of East Hartford and Manchester in |
|---|
| 6970 | | - | accordance with this subsection shall be reduced proportionately if the |
|---|
| 6971 | | - | total of such grants in such year exceeds the amount appropriated for |
|---|
| 6972 | | - | purposes of this subsection. House Bill No. 5523 |
|---|
| 6973 | | - | |
|---|
| 6974 | | - | Public Act No. 24-81 183 of 351 |
|---|
| 6975 | | - | |
|---|
| 6976 | | - | (2) For the fiscal year ending June 30, 2024, if the local or regional |
|---|
| 6977 | | - | board of education for (A) the town of Windsor, (B) the town of New |
|---|
| 6978 | | - | Britain, (C) the town of New London, and (D) the town of Bloomfield, |
|---|
| 6979 | | - | has greater than four per cent of its resident students, as defined in |
|---|
| 6980 | | - | section 10-262f, enrolled in an interdistrict magnet school program, then |
|---|
| 6981 | | - | such board of education shall not be financially responsible for four |
|---|
| 6982 | | - | thousand four hundred dollars of the portion of the per student tuition |
|---|
| 6983 | | - | charged for each such student in excess of such four per cent. The |
|---|
| 6984 | | - | Department of Education shall, within available appropriations, be |
|---|
| 6985 | | - | financially responsible for such excess per student tuition. |
|---|
| 6986 | | - | Notwithstanding the provisions of this subsection, for the fiscal year |
|---|
| 6987 | | - | ending June 30, 2024, the amount of the grants payable to any such |
|---|
| 6988 | | - | board of education in accordance with this subsection shall be reduced |
|---|
| 6989 | | - | proportionately if the total of such grants in such year exceeds the |
|---|
| 6990 | | - | amount appropriated for purposes of this subsection. |
|---|
| 6991 | | - | Sec. 115. Section 10-264o of the 2024 supplement to the general |
|---|
| 6992 | | - | statutes is repealed and the following is substituted in lieu thereof |
|---|
| 6993 | | - | (Effective July 1, 2024): |
|---|
| 6994 | | - | (a) Notwithstanding any provision of this chapter, interdistrict |
|---|
| 6995 | | - | magnet schools that begin operations on or after July 1, 2008, pursuant |
|---|
| 6996 | | - | to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related |
|---|
| 6997 | | - | stipulation or order in effect, as determined by the Commissioner of |
|---|
| 6998 | | - | Education, may operate without district participation agreements and |
|---|
| 6999 | | - | enroll students from any district through a lottery designated by the |
|---|
| 7000 | | - | commissioner. |
|---|
| 7001 | | - | (b) For the fiscal year ending June 30, 2013, and each fiscal year |
|---|
| 7002 | | - | thereafter, any tuition charged to a local or regional board of education |
|---|
| 7003 | | - | by a regional educational service center operating an interdistrict |
|---|
| 7004 | | - | magnet school assisting the state in meeting its obligations pursuant to |
|---|
| 7005 | | - | the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related |
|---|
| 7006 | | - | stipulation or order in effect, as determined by the Commissioner of House Bill No. 5523 |
|---|
| 7007 | | - | |
|---|
| 7008 | | - | Public Act No. 24-81 184 of 351 |
|---|
| 7009 | | - | |
|---|
| 7010 | | - | Education, for any student enrolled in kindergarten to grade twelve, |
|---|
| 7011 | | - | inclusive, in such interdistrict magnet school shall be in an amount equal |
|---|
| 7012 | | - | to the difference between (1) the average per pupil expenditure of the |
|---|
| 7013 | | - | magnet school for the prior fiscal year, and (2) the amount of any per |
|---|
| 7014 | | - | pupil state subsidy calculated under subsection (c) of section 10-264l, |
|---|
| 7015 | | - | plus any revenue from other sources calculated on a per pupil basis, |
|---|
| 7016 | | - | except for the fiscal year ending June 30, 2025, and each fiscal year |
|---|
| 7017 | | - | thereafter, the per student tuition charged to a local or regional board of |
|---|
| 7018 | | - | education shall not exceed fifty-eight per cent the per student tuition |
|---|
| 7019 | | - | charged during the fiscal year ending June 30, 2024. If any such board |
|---|
| 7020 | | - | of education fails to pay such tuition, the commissioner may withhold |
|---|
| 7021 | | - | from such board's town or towns a sum payable under section 10-262i |
|---|
| 7022 | | - | in an amount not to exceed the amount of the unpaid tuition to the |
|---|
| 7023 | | - | magnet school and pay such money to the fiscal agent for the magnet |
|---|
| 7024 | | - | school as a supplementary grant for the operation of the interdistrict |
|---|
| 7025 | | - | magnet school program. In no case shall the sum of such tuitions exceed |
|---|
| 7026 | | - | the difference between (A) the total expenditures of the magnet school |
|---|
| 7027 | | - | for the prior fiscal year, and (B) the total per pupil state subsidy |
|---|
| 7028 | | - | calculated under subsection (c) of section 10-264l, plus any revenue from |
|---|
| 7029 | | - | other sources. The commissioner may conduct a comprehensive review |
|---|
| 7030 | | - | of the operating budget of a magnet school to verify such tuition rate. |
|---|
| 7031 | | - | [(c) (1) For the fiscal year ending June 30, 2013, a regional educational |
|---|
| 7032 | | - | service center operating an interdistrict magnet school assisting the state |
|---|
| 7033 | | - | in meeting its obligations pursuant to the decision in Sheff v. O'Neill, |
|---|
| 7034 | | - | 238 Conn. 1 (1996), or any related stipulation or order in effect, as |
|---|
| 7035 | | - | determined by the Commissioner of Education, and offering a preschool |
|---|
| 7036 | | - | program shall not charge tuition for a child enrolled in such preschool |
|---|
| 7037 | | - | program. |
|---|
| 7038 | | - | (2) For the fiscal year ending June 30, 2014, a regional educational |
|---|
| 7039 | | - | service center operating an interdistrict magnet school assisting the state |
|---|
| 7040 | | - | in meeting its obligations pursuant to the decision in Sheff v. O'Neill, House Bill No. 5523 |
|---|
| 7041 | | - | |
|---|
| 7042 | | - | Public Act No. 24-81 185 of 351 |
|---|
| 7043 | | - | |
|---|
| 7044 | | - | 238 Conn. 1 (1996), or any related stipulation or order in effect, as |
|---|
| 7045 | | - | determined by the Commissioner of Education, and offering a preschool |
|---|
| 7046 | | - | program may charge tuition to the Department of Education for a child |
|---|
| 7047 | | - | enrolled in such preschool program in an amount not to exceed an |
|---|
| 7048 | | - | amount equal to the difference between (A) the average per pupil |
|---|
| 7049 | | - | expenditure of the preschool program offered at the magnet school for |
|---|
| 7050 | | - | the prior fiscal year, and (B) the amount of any per pupil state subsidy |
|---|
| 7051 | | - | calculated under subsection (c) of section 10-264l, plus any revenue from |
|---|
| 7052 | | - | other sources calculated on a per pupil basis. The commissioner may |
|---|
| 7053 | | - | conduct a comprehensive review of the operating budget of any such |
|---|
| 7054 | | - | magnet school charging such tuition to verify such tuition rate. |
|---|
| 7055 | | - | (3) For the fiscal year ending June 30, 2015, a regional educational |
|---|
| 7056 | | - | service center operating an interdistrict magnet school assisting the state |
|---|
| 7057 | | - | in meeting its obligations pursuant to the decision in Sheff v. O'Neill, |
|---|
| 7058 | | - | 238 Conn. 1 (1996), or any related stipulation or order in effect, as |
|---|
| 7059 | | - | determined by the Commissioner of Education, and offering a preschool |
|---|
| 7060 | | - | program may charge tuition to the parent or guardian of a child enrolled |
|---|
| 7061 | | - | in such preschool program in an amount that is in accordance with the |
|---|
| 7062 | | - | sliding tuition scale adopted by the State Board of Education pursuant |
|---|
| 7063 | | - | to section 10-264p. The Department of Education shall be financially |
|---|
| 7064 | | - | responsible for any unpaid portion of the tuition not charged to such |
|---|
| 7065 | | - | parent or guardian under such sliding tuition scale. Such tuition shall |
|---|
| 7066 | | - | not exceed an amount equal to the difference between (A) the average |
|---|
| 7067 | | - | per pupil expenditure of the preschool program offered at the magnet |
|---|
| 7068 | | - | school for the prior fiscal year, and (B) the amount of any per pupil state |
|---|
| 7069 | | - | subsidy calculated under subsection (c) of section 10-264l, plus any |
|---|
| 7070 | | - | revenue from other sources calculated on a per pupil basis. The |
|---|
| 7071 | | - | commissioner may conduct a comprehensive review of the operating |
|---|
| 7072 | | - | budget of any such magnet school charging such tuition to verify such |
|---|
| 7073 | | - | tuition rate.] |
|---|
| 7074 | | - | House Bill No. 5523 |
|---|
| 7075 | | - | |
|---|
| 7076 | | - | Public Act No. 24-81 186 of 351 |
|---|
| 7077 | | - | |
|---|
| 7078 | | - | [(4)] (c) For the fiscal year ending June 30, 2016, and each fiscal year |
|---|
| 7079 | | - | thereafter, a regional educational service center operating an |
|---|
| 7080 | | - | interdistrict magnet school assisting the state in meeting its obligations |
|---|
| 7081 | | - | pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any |
|---|
| 7082 | | - | related stipulation or order in effect, as determined by the |
|---|
| 7083 | | - | Commissioner of Education, and offering a preschool program shall |
|---|
| 7084 | | - | charge tuition to the parent or guardian of a child enrolled in such |
|---|
| 7085 | | - | preschool program in an amount [up to four thousand fifty-three |
|---|
| 7086 | | - | dollars] not to exceed fifty-eight per cent the per child tuition charged |
|---|
| 7087 | | - | during the fiscal year ending June 30, 2024, except such regional |
|---|
| 7088 | | - | educational service center shall not charge tuition to such parent or |
|---|
| 7089 | | - | guardian with a family income at or below seventy-five per cent of the |
|---|
| 7090 | | - | state median income. The Department of Education shall, within |
|---|
| 7091 | | - | available appropriations, be financially responsible for any unpaid |
|---|
| 7092 | | - | tuition charged to such parent or guardian with a family income at or |
|---|
| 7093 | | - | below seventy-five per cent of the state median income. The |
|---|
| 7094 | | - | commissioner may conduct a comprehensive financial review of the |
|---|
| 7095 | | - | operating budget of any such magnet school charging such tuition to |
|---|
| 7096 | | - | verify such tuition rate. |
|---|
| 7097 | | - | (d) For the fiscal year ending June 30, 2025, and each fiscal year |
|---|
| 7098 | | - | thereafter, any interdistrict magnet school operator described in section |
|---|
| 7099 | | - | 10-264s that offers a preschool program shall charge tuition to the parent |
|---|
| 7100 | | - | or guardian of a child enrolled in such preschool program in an amount |
|---|
| 7101 | | - | not to exceed fifty-eight per cent the per child tuition charged during |
|---|
| 7102 | | - | the fiscal year ending June 30, 2024, except such interdistrict magnet |
|---|
| 7103 | | - | school operator shall not charge tuition to such parent or guardian with |
|---|
| 7104 | | - | a family income at or below seventy-five per cent of the state median |
|---|
| 7105 | | - | income. The Department of Education shall, within available |
|---|
| 7106 | | - | appropriations, be financially responsible for any unpaid tuition |
|---|
| 7107 | | - | charged to such parent or guardian with a family income at or below |
|---|
| 7108 | | - | seventy-five per cent of the state median income. The commissioner |
|---|
| 7109 | | - | may conduct a comprehensive financial review of the operating budget House Bill No. 5523 |
|---|
| 7110 | | - | |
|---|
| 7111 | | - | Public Act No. 24-81 187 of 351 |
|---|
| 7112 | | - | |
|---|
| 7113 | | - | of any such interdistrict magnet school operator charging such tuition |
|---|
| 7114 | | - | to verify such tuition rate. |
|---|
| 7115 | | - | Sec. 116. Section 10-65 of the 2024 supplement to the general statutes |
|---|
| 7116 | | - | is repealed and the following is substituted in lieu thereof (Effective July |
|---|
| 7117 | | - | 1, 2024): |
|---|
| 7118 | | - | (a) Each local or regional school district operating an agricultural |
|---|
| 7119 | | - | science and technology education center approved by the State Board of |
|---|
| 7120 | | - | Education for program, educational need, location and area to be served |
|---|
| 7121 | | - | shall be eligible for the following grants: (1) In accordance with the |
|---|
| 7122 | | - | provisions of chapter 173, through progress payments in accordance |
|---|
| 7123 | | - | with the provisions of section 10-287i, (A) for projects for which an |
|---|
| 7124 | | - | application was filed prior to July 1, 2011, ninety-five per cent, and (B) |
|---|
| 7125 | | - | for projects for which an application was filed on or after July 1, 2011, |
|---|
| 7126 | | - | eighty per cent of the net eligible costs of constructing, acquiring, |
|---|
| 7127 | | - | renovating and equipping approved facilities to be used exclusively for |
|---|
| 7128 | | - | such agricultural science and technology education center, for the |
|---|
| 7129 | | - | expansion or improvement of existing facilities or for the replacement |
|---|
| 7130 | | - | or improvement of equipment therein, and (2) subject to the provisions |
|---|
| 7131 | | - | of section 10-65b, [and within available appropriations, (A) for the fiscal |
|---|
| 7132 | | - | year ending June 30, 2024, in an amount equal to five thousand two |
|---|
| 7133 | | - | hundred dollars per student for every secondary school student who |
|---|
| 7134 | | - | was enrolled in such center on October first of the previous year, and |
|---|
| 7135 | | - | (B) for the fiscal year ending June 30, 2025, and each fiscal year |
|---|
| 7136 | | - | thereafter, in an amount equal to at least five thousand two hundred |
|---|
| 7137 | | - | dollars per student for every secondary school student who was |
|---|
| 7138 | | - | enrolled in such center on October first of the previous year] for the |
|---|
| 7139 | | - | fiscal year ending June 30, 2025, a grant equal to the amount such board |
|---|
| 7140 | | - | is entitled to receive under the provisions of section 112 of this act. |
|---|
| 7141 | | - | (b) (1) Each local or regional board of education not maintaining an |
|---|
| 7142 | | - | agricultural science and technology education center shall provide |
|---|
| 7143 | | - | opportunities for its students to enroll in one or more such centers. [in a House Bill No. 5523 |
|---|
| 7144 | | - | |
|---|
| 7145 | | - | Public Act No. 24-81 188 of 351 |
|---|
| 7146 | | - | |
|---|
| 7147 | | - | number that is at least equal to the number specified in any written |
|---|
| 7148 | | - | agreement with each such center or centers, or in the absence of such an |
|---|
| 7149 | | - | agreement, a number that is at least equal to the average number of its |
|---|
| 7150 | | - | students that the board of education enrolled in each such center or |
|---|
| 7151 | | - | centers during the previous three school years, provided, in addition to |
|---|
| 7152 | | - | such number, each such board of education shall provide opportunities |
|---|
| 7153 | | - | for its students to enroll in the ninth grade in a number that is at least |
|---|
| 7154 | | - | equal to the number specified in any written agreement with each such |
|---|
| 7155 | | - | center or centers, or in the absence of such an agreement, a number that |
|---|
| 7156 | | - | is at least equal to the average number of students that the board of |
|---|
| 7157 | | - | education enrolled in the ninth grade in each such center or centers |
|---|
| 7158 | | - | during the previous three school years.] If a local or regional board of |
|---|
| 7159 | | - | education provided opportunities for students to enroll in more than |
|---|
| 7160 | | - | one center for the school year commencing July 1, 2007, such board of |
|---|
| 7161 | | - | education shall continue to provide such opportunities to students in |
|---|
| 7162 | | - | accordance with this subsection. [The] |
|---|
| 7163 | | - | (2) The board of education operating an agricultural science and |
|---|
| 7164 | | - | technology education center may charge, subject to the provisions of |
|---|
| 7165 | | - | section 10-65b, tuition for a school year in an amount not to exceed fifty- |
|---|
| 7166 | | - | nine and two-tenths per cent of the foundation level pursuant to |
|---|
| 7167 | | - | subdivision (9) of section 10-262f, per student for the fiscal year in which |
|---|
| 7168 | | - | the tuition is paid, except that [(1)] (A) such board may charge tuition |
|---|
| 7169 | | - | for [(A)] (i) students enrolled under shared-time arrangements on a pro |
|---|
| 7170 | | - | rata basis, and [(B)] (ii) special education students which shall not |
|---|
| 7171 | | - | exceed the actual costs of educating such students minus the amounts |
|---|
| 7172 | | - | received pursuant to subdivision (2) of subsection (a) of this section and |
|---|
| 7173 | | - | subsection (c) of this section, and [(2)] (B) for the fiscal year ending June |
|---|
| 7174 | | - | 30, 2025, and each fiscal year thereafter, such board may charge such |
|---|
| 7175 | | - | tuition in an amount not to exceed fifty-eight per cent of the amount |
|---|
| 7176 | | - | such board charged during the fiscal year ending June 30, 2024. Any |
|---|
| 7177 | | - | tuition paid by such board for special education students in excess of |
|---|
| 7178 | | - | the tuition paid for non-special-education students shall be reimbursed House Bill No. 5523 |
|---|
| 7179 | | - | |
|---|
| 7180 | | - | Public Act No. 24-81 189 of 351 |
|---|
| 7181 | | - | |
|---|
| 7182 | | - | pursuant to section 10-76g. |
|---|
| 7183 | | - | [(c) In addition to the grants described in subsection (a) of this section, |
|---|
| 7184 | | - | within available appropriations, (1) each local or regional board of |
|---|
| 7185 | | - | education operating an agricultural science and technology education |
|---|
| 7186 | | - | center in which more than one hundred fifty of the students in the prior |
|---|
| 7187 | | - | school year were out-of-district students shall be eligible to receive a |
|---|
| 7188 | | - | grant (A) for the fiscal year ending June 30, 2024, in an amount equal to |
|---|
| 7189 | | - | five hundred dollars for every secondary school student enrolled in |
|---|
| 7190 | | - | such center on October first of the previous year, and (B) for the fiscal |
|---|
| 7191 | | - | year ending June 30, 2025, and each fiscal year thereafter, in an amount |
|---|
| 7192 | | - | equal to at least five hundred dollars for every secondary school student |
|---|
| 7193 | | - | enrolled in such center on October first of the previous year, (2) on and |
|---|
| 7194 | | - | after July 1, 2000, if a local or regional board of education operating an |
|---|
| 7195 | | - | agricultural science and technology education center that received a |
|---|
| 7196 | | - | grant pursuant to subdivision (1) of this subsection no longer qualifies |
|---|
| 7197 | | - | for such a grant, such local or regional board of education shall receive |
|---|
| 7198 | | - | a grant in an amount determined as follows: (A) For the first fiscal year |
|---|
| 7199 | | - | such board of education does not qualify for a grant under said |
|---|
| 7200 | | - | subdivision (1), a grant in the amount equal to four hundred dollars for |
|---|
| 7201 | | - | every secondary school student enrolled in its agricultural science and |
|---|
| 7202 | | - | technology education center on October first of the previous year, (B) |
|---|
| 7203 | | - | for the second successive fiscal year such board of education does not |
|---|
| 7204 | | - | so qualify, a grant in an amount equal to three hundred dollars for every |
|---|
| 7205 | | - | such secondary school student enrolled in such center on said date, (C) |
|---|
| 7206 | | - | for the third successive fiscal year such board of education does not so |
|---|
| 7207 | | - | qualify, a grant in an amount equal to two hundred dollars for every |
|---|
| 7208 | | - | such secondary school student enrolled in such center on said date, and |
|---|
| 7209 | | - | (D) for the fourth successive fiscal year such board of education does |
|---|
| 7210 | | - | not so qualify, a grant in an amount equal to one hundred dollars for |
|---|
| 7211 | | - | every such secondary school student enrolled in such center on said |
|---|
| 7212 | | - | date, and (3) each local and regional board of education operating an |
|---|
| 7213 | | - | agricultural science and technology education center that does not House Bill No. 5523 |
|---|
| 7214 | | - | |
|---|
| 7215 | | - | Public Act No. 24-81 190 of 351 |
|---|
| 7216 | | - | |
|---|
| 7217 | | - | receive a grant pursuant to subdivision (1) or (2) of this subsection shall |
|---|
| 7218 | | - | receive a grant in an amount equal to sixty dollars for every secondary |
|---|
| 7219 | | - | school student enrolled in such center on said date. |
|---|
| 7220 | | - | (d) (1) If there are any remaining funds after the amount of the grants |
|---|
| 7221 | | - | described in subsections (a) and (c) of this section are calculated, within |
|---|
| 7222 | | - | available appropriations, each local or regional board of education |
|---|
| 7223 | | - | operating an agricultural science and technology education center shall |
|---|
| 7224 | | - | be eligible to receive a grant in an amount equal to one hundred dollars |
|---|
| 7225 | | - | for each student enrolled in such center on October first of the previous |
|---|
| 7226 | | - | school year. (2) If there are any remaining funds after the amount of the |
|---|
| 7227 | | - | grants described in subdivision (1) of this subsection are calculated, |
|---|
| 7228 | | - | within available appropriations, each local or regional board of |
|---|
| 7229 | | - | education operating an agricultural science and technology education |
|---|
| 7230 | | - | center that had more than one hundred fifty out-of-district students |
|---|
| 7231 | | - | enrolled in such center on October first of the previous school year shall |
|---|
| 7232 | | - | be eligible to receive a grant based on the ratio of the number of out-of- |
|---|
| 7233 | | - | district students in excess of one hundred fifty out-of-district students |
|---|
| 7234 | | - | enrolled in such center on said date to the total number of out-of-district |
|---|
| 7235 | | - | students in excess of one hundred fifty out-of-district students enrolled |
|---|
| 7236 | | - | in all agricultural science and technology education centers that had in |
|---|
| 7237 | | - | excess of one hundred fifty out-of-district students enrolled on said |
|---|
| 7238 | | - | date.] |
|---|
| 7239 | | - | [(e)] (c) For the fiscal year ending June 30, 2013, and each fiscal year |
|---|
| 7240 | | - | thereafter, if a local or regional board of education receives an increase |
|---|
| 7241 | | - | in funds pursuant to this section over the amount it received for the |
|---|
| 7242 | | - | prior fiscal year such increase shall not be used to supplant local funding |
|---|
| 7243 | | - | for educational purposes. |
|---|
| 7244 | | - | (d) For the fiscal year ending June 30, 2025, for the purposes of |
|---|
| 7245 | | - | equalization aid under section 10-262h, a student enrolled in an |
|---|
| 7246 | | - | agricultural science and technology education center shall be counted as |
|---|
| 7247 | | - | a resident student, as defined in section 10-262f, of the town in which House Bill No. 5523 |
|---|
| 7248 | | - | |
|---|
| 7249 | | - | Public Act No. 24-81 191 of 351 |
|---|
| 7250 | | - | |
|---|
| 7251 | | - | such student resides. |
|---|
| 7252 | | - | Sec. 117. Subsection (d) of section 10-64 of the general statutes is |
|---|
| 7253 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 7254 | | - | 2024): |
|---|
| 7255 | | - | (d) Any local or regional board of education which does not furnish |
|---|
| 7256 | | - | agricultural science and technology education approved by the State |
|---|
| 7257 | | - | Board of Education shall designate a school or schools having such a |
|---|
| 7258 | | - | course approved by the State Board of Education as the school which |
|---|
| 7259 | | - | any person may attend who has completed an elementary school course |
|---|
| 7260 | | - | through the eighth grade. The board of education shall pay [the tuition |
|---|
| 7261 | | - | and] any tuition charged under section 10-65 and the reasonable and |
|---|
| 7262 | | - | necessary cost of transportation of any person under twenty-one years |
|---|
| 7263 | | - | of age who is not a graduate of a high school or technical education and |
|---|
| 7264 | | - | career school or an agricultural science and technology education center |
|---|
| 7265 | | - | and who attends the designated school, provided transportation |
|---|
| 7266 | | - | services may be suspended in accordance with the provisions of section |
|---|
| 7267 | | - | 10-233c. Each such board's reimbursement percentage pursuant to |
|---|
| 7268 | | - | section 10-266m for expenditures in excess of eight hundred dollars per |
|---|
| 7269 | | - | pupil incurred in the fiscal year beginning July 1, 2004, and in each fiscal |
|---|
| 7270 | | - | year thereafter, shall be increased by an additional twenty percentage |
|---|
| 7271 | | - | points. |
|---|
| 7272 | | - | Sec. 118. Subsection (b) of section 10-97 of the general statutes is |
|---|
| 7273 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 7274 | | - | 2024): |
|---|
| 7275 | | - | (b) Any local or regional board of education which does not furnish |
|---|
| 7276 | | - | agricultural science and technology education approved by the State |
|---|
| 7277 | | - | Board of Education shall designate a school or schools having such a |
|---|
| 7278 | | - | course approved by the State Board of Education as the school which |
|---|
| 7279 | | - | any person may attend who has completed an elementary school course |
|---|
| 7280 | | - | through the eighth grade. The board of education shall pay [the tuition House Bill No. 5523 |
|---|
| 7281 | | - | |
|---|
| 7282 | | - | Public Act No. 24-81 192 of 351 |
|---|
| 7283 | | - | |
|---|
| 7284 | | - | and] any tuition charged under section 10-65 and the reasonable and |
|---|
| 7285 | | - | necessary cost of transportation of any person under twenty-one years |
|---|
| 7286 | | - | of age who is not a graduate of a high school or technical education and |
|---|
| 7287 | | - | career school and who attends the designated school, provided |
|---|
| 7288 | | - | transportation services may be suspended in accordance with the |
|---|
| 7289 | | - | provisions of section 10-233c. Each such board's reimbursement |
|---|
| 7290 | | - | percentage pursuant to section 10-266m for expenditures in excess of |
|---|
| 7291 | | - | eight hundred dollars per pupil incurred in the fiscal year beginning |
|---|
| 7292 | | - | July 1, 1987, and in each fiscal year thereafter, shall be increased by an |
|---|
| 7293 | | - | additional twenty percentage points. |
|---|
| 7294 | | - | Sec. 119. Subsection (a) of section 10-65 of the 2024 supplement to the |
|---|
| 7295 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 7296 | | - | thereof (Effective from passage): |
|---|
| 7297 | | - | (a) Each local or regional school district operating an agricultural |
|---|
| 7298 | | - | science and technology education center approved by the State Board of |
|---|
| 7299 | | - | Education for program, educational need, location and area to be served |
|---|
| 7300 | | - | shall be eligible for the following grants: (1) In accordance with the |
|---|
| 7301 | | - | provisions of chapter 173, through progress payments in accordance |
|---|
| 7302 | | - | with the provisions of section 10-287i, (A) for projects for which an |
|---|
| 7303 | | - | application was filed prior to July 1, 2011, ninety-five per cent, and (B) |
|---|
| 7304 | | - | for projects for which an application was filed on or after July 1, 2011, |
|---|
| 7305 | | - | eighty per cent of the net eligible costs of constructing, acquiring, |
|---|
| 7306 | | - | renovating and equipping approved facilities to be used exclusively for |
|---|
| 7307 | | - | such agricultural science and technology education center, for the |
|---|
| 7308 | | - | expansion or improvement of existing facilities or for the replacement |
|---|
| 7309 | | - | or improvement of equipment therein, and (2) subject to the provisions |
|---|
| 7310 | | - | of section 10-65b, [and within available appropriations,] (A) for the fiscal |
|---|
| 7311 | | - | year ending June 30, 2024, in an amount equal to five thousand two |
|---|
| 7312 | | - | hundred dollars per student for every secondary school student who |
|---|
| 7313 | | - | was enrolled in such center on October first of the previous year, and |
|---|
| 7314 | | - | (B) for the fiscal year ending June 30, 2025, and each fiscal year House Bill No. 5523 |
|---|
| 7315 | | - | |
|---|
| 7316 | | - | Public Act No. 24-81 193 of 351 |
|---|
| 7317 | | - | |
|---|
| 7318 | | - | thereafter, in an amount equal to at least five thousand two hundred |
|---|
| 7319 | | - | dollars per student for every secondary school student who was |
|---|
| 7320 | | - | enrolled in such center on October first of the previous year. |
|---|
| 7321 | | - | Sec. 120. Section 346 of public act 23-204 is repealed and the following |
|---|
| 7322 | | - | is inserted in lieu thereof (Effective July 1, 2024): |
|---|
| 7323 | | - | (a) The sum of $150,000,000 that is appropriated in section 1 of [this |
|---|
| 7324 | | - | act] public act 23-204 to the Department of Education, for Education |
|---|
| 7325 | | - | Finance Reform, for the fiscal year ending June 30, 2025, shall be |
|---|
| 7326 | | - | expended in the following manner: |
|---|
| 7327 | | - | (1) [$68,499,497] $139,626,522 of such appropriated amount shall be |
|---|
| 7328 | | - | used to (A) supplement the amount appropriated to the Education |
|---|
| 7329 | | - | Equalization Grants account in the Department of Education and |
|---|
| 7330 | | - | expended for the purpose of providing equalization aid grants in |
|---|
| 7331 | | - | accordance with the provisions of subsection (g) of section 10-262h of |
|---|
| 7332 | | - | the general statutes, (B) supplement the amount appropriated to the |
|---|
| 7333 | | - | Charter Schools account in the Department of Education and expended |
|---|
| 7334 | | - | for the purpose of providing grants to charter schools in accordance |
|---|
| 7335 | | - | with the provisions of section 10-66ee of the general statutes, and (C) be |
|---|
| 7336 | | - | expended to provide grants in accordance with the provisions of section |
|---|
| 7337 | | - | 112 of this act; |
|---|
| 7338 | | - | (2) [$9,378,313] $1,473,478 of such appropriated amount shall be used |
|---|
| 7339 | | - | to supplement the amount appropriated to the Charter Schools account |
|---|
| 7340 | | - | in the Department of Education and expended for the purpose of |
|---|
| 7341 | | - | providing grants [to charter schools in accordance with the provisions |
|---|
| 7342 | | - | of section 10-66ee of the general statutes] for (A) the expansion of (i) |
|---|
| 7343 | | - | forty seats at Brass City Charter School, (ii) thirty-six seats at Odyssey |
|---|
| 7344 | | - | Community School, (iii) fifty-two seats at Interdistrict School for the |
|---|
| 7345 | | - | Arts and Communication, and (iv) twenty-two seats at Integrated Day |
|---|
| 7346 | | - | Charter School, and (B) the reduction of forty seats at Booker T. |
|---|
| 7347 | | - | Washington Academy; House Bill No. 5523 |
|---|
| 7348 | | - | |
|---|
| 7349 | | - | Public Act No. 24-81 194 of 351 |
|---|
| 7350 | | - | |
|---|
| 7351 | | - | [(3) $40,188,429 of such appropriated amount shall be used to |
|---|
| 7352 | | - | supplement the amount appropriated to the Magnet Schools account in |
|---|
| 7353 | | - | the Department of Education and expended for the purpose of |
|---|
| 7354 | | - | increasing per student grant amounts to operators of interdistrict |
|---|
| 7355 | | - | magnet school programs that are not a local or regional board of |
|---|
| 7356 | | - | education in accordance with the provisions of section 10-264l of the |
|---|
| 7357 | | - | general statutes; |
|---|
| 7358 | | - | (4) $13,254,358 of such appropriated amount shall be used to |
|---|
| 7359 | | - | supplement the amount appropriated to the Magnet Schools account in |
|---|
| 7360 | | - | the Department of Education and expended for the purpose of |
|---|
| 7361 | | - | increasing per student grant amounts to local and regional boards of |
|---|
| 7362 | | - | education that operate interdistrict magnet school programs in |
|---|
| 7363 | | - | accordance with the provisions of section 10-264l of the general statutes; |
|---|
| 7364 | | - | (5) $11,430,343 of such appropriated amount shall be used to |
|---|
| 7365 | | - | supplement the amount appropriated to the Open Choice Program |
|---|
| 7366 | | - | account in the Department of Education and expended for the purpose |
|---|
| 7367 | | - | of increasing per student grant amounts to local and regional boards of |
|---|
| 7368 | | - | education that are receiving districts under the interdistrict public |
|---|
| 7369 | | - | school attendance program in accordance with the provisions of section |
|---|
| 7370 | | - | 10-266aa of the general statutes; and |
|---|
| 7371 | | - | (6) $7,249,060 of such appropriated amount shall be expended for the |
|---|
| 7372 | | - | purpose of providing grants to local or regional boards of education that |
|---|
| 7373 | | - | operate an agricultural science and technology education center |
|---|
| 7374 | | - | approved by the State Board of Education in accordance with the |
|---|
| 7375 | | - | provisions of section 10-65 of the general statutes.] |
|---|
| 7376 | | - | (3) $50,000 of such appropriated amount shall be used by the |
|---|
| 7377 | | - | Commissioner of Education for the purpose of developing the plan |
|---|
| 7378 | | - | described in section 121 of this act; |
|---|
| 7379 | | - | (4) $400,000 of such appropriated amount shall be used by the House Bill No. 5523 |
|---|
| 7380 | | - | |
|---|
| 7381 | | - | Public Act No. 24-81 195 of 351 |
|---|
| 7382 | | - | |
|---|
| 7383 | | - | Department of Education to provide a grant-in-aid to the Connecticut |
|---|
| 7384 | | - | Association of Boards of Education for the purpose of developing a new |
|---|
| 7385 | | - | or expanding an existing database for the purpose of collecting and |
|---|
| 7386 | | - | retaining educator professional development records; |
|---|
| 7387 | | - | (5) $100,000 of such appropriated amount shall be used by the |
|---|
| 7388 | | - | Department of Education to enter into a memorandum of |
|---|
| 7389 | | - | understanding, in accordance with the provisions of section 4-97b of the |
|---|
| 7390 | | - | general statutes, with The University of Connecticut for the purpose of |
|---|
| 7391 | | - | providing such appropriated funds to The University of Connecticut so |
|---|
| 7392 | | - | that The School of Public Policy at The University of Connecticut may |
|---|
| 7393 | | - | conduct the study and comprehensive asset and capacity mapping for |
|---|
| 7394 | | - | nonprofit organizations in the state in accordance with the provisions of |
|---|
| 7395 | | - | section 122 of this act; |
|---|
| 7396 | | - | (6) (A) $175,000 of such appropriated amount shall be used by the |
|---|
| 7397 | | - | Department of Education to provide a grant-in-aid to the local board of |
|---|
| 7398 | | - | education for the city of New Haven for the purpose of purchasing bus |
|---|
| 7399 | | - | passes for state-owned or state-controlled bus public transportation |
|---|
| 7400 | | - | service for students who are enrolled in grades nine to twelve, inclusive, |
|---|
| 7401 | | - | of a public school under the jurisdiction of such board of education; |
|---|
| 7402 | | - | (B) $175,000 of such appropriated amount shall be used by the |
|---|
| 7403 | | - | Department of Education to provide a grant-in-aid to the local board of |
|---|
| 7404 | | - | education for the city of Hartford for the purpose of purchasing bus |
|---|
| 7405 | | - | passes for state-owned or state-controlled bus public transportation |
|---|
| 7406 | | - | service for students who are enrolled in grades nine to twelve, inclusive, |
|---|
| 7407 | | - | of a public school under the jurisdiction of such board of education; |
|---|
| 7408 | | - | (7) $5,000,000 of such appropriated amount shall be used by the |
|---|
| 7409 | | - | Department of Education to provide a grant-in-aid to the local board of |
|---|
| 7410 | | - | education for the city of Hartford for interdistrict magnet school tuition |
|---|
| 7411 | | - | assistance; House Bill No. 5523 |
|---|
| 7412 | | - | |
|---|
| 7413 | | - | Public Act No. 24-81 196 of 351 |
|---|
| 7414 | | - | |
|---|
| 7415 | | - | (8) $1,200,000 of such appropriated amount shall be used by the |
|---|
| 7416 | | - | Department of Education to provide a grant-in-aid to the Goodwin |
|---|
| 7417 | | - | University Magnet Schools, Inc. for student enrollment expansion and |
|---|
| 7418 | | - | compliance with the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or |
|---|
| 7419 | | - | any related stipulation or order in effect, as determined by the |
|---|
| 7420 | | - | Commissioner of Education; |
|---|
| 7421 | | - | (9) $650,000 of such appropriated amount shall be used by the |
|---|
| 7422 | | - | Department of Education to provide a grant-in-aid to InterCommunity |
|---|
| 7423 | | - | Health Care for the provision of mental health services to students at the |
|---|
| 7424 | | - | school-based health centers located in the East Hartford school district; |
|---|
| 7425 | | - | (10) $200,000 of such appropriated amount shall be used by the |
|---|
| 7426 | | - | Department of Education to provide a grant-in-aid to the Connecticut |
|---|
| 7427 | | - | Association of Schools for operating and personnel expenses, including |
|---|
| 7428 | | - | the hiring of an individual to be an assistant director of leadership and |
|---|
| 7429 | | - | development; |
|---|
| 7430 | | - | (11) $150,000 of such appropriated amount shall be used by the |
|---|
| 7431 | | - | Department of Education to provide a grant-in-aid to the Artists |
|---|
| 7432 | | - | Collective for arts enrichment for students in grades kindergarten to |
|---|
| 7433 | | - | twelve, inclusive; and |
|---|
| 7434 | | - | (12) $800,000 of such appropriated amount shall be used by the |
|---|
| 7435 | | - | Department of Education to provide a grant-in-aid to the Brother Carl |
|---|
| 7436 | | - | Institute for tutoring and mentoring services for students in grades four |
|---|
| 7437 | | - | to twelve, inclusive, and the development of a summer college |
|---|
| 7438 | | - | preparation program. |
|---|
| 7439 | | - | (b) The Department of Education shall make all payments described |
|---|
| 7440 | | - | in subdivisions (3) to (12), inclusive, of subsection (a) of this section on |
|---|
| 7441 | | - | or before September 30, 2024. |
|---|
| 7442 | | - | Sec. 121. (Effective from passage) The Commissioner of Education shall |
|---|
| 7443 | | - | develop a plan to (1) convert the State Board of Education from being House Bill No. 5523 |
|---|
| 7444 | | - | |
|---|
| 7445 | | - | Public Act No. 24-81 197 of 351 |
|---|
| 7446 | | - | |
|---|
| 7447 | | - | the department head, as defined in section 4-5 of the general statutes, of |
|---|
| 7448 | | - | the Department of Education to an advisory board within the |
|---|
| 7449 | | - | department, and (2) empower the Commissioner of Education to |
|---|
| 7450 | | - | become the department head for the Department of Education. Not later |
|---|
| 7451 | | - | than January 1, 2026, the commissioner shall submit such plan and any |
|---|
| 7452 | | - | recommendations for legislation to the joint standing committee of the |
|---|
| 7453 | | - | General Assembly having cognizance of matters relating to education in |
|---|
| 7454 | | - | accordance with the provisions of section 11-4a of the general statutes. |
|---|
| 7455 | | - | Sec. 122. (Effective July 1, 2024) (a) The School of Public Policy at The |
|---|
| 7456 | | - | University of Connecticut shall conduct a study and comprehensive |
|---|
| 7457 | | - | asset and capacity mapping for nonprofit organizations in this state to |
|---|
| 7458 | | - | help support the sharing of information and collaboration between such |
|---|
| 7459 | | - | nonprofit organizations and the communities they serve. The School of |
|---|
| 7460 | | - | Public Policy at The University of Connecticut shall consult with state |
|---|
| 7461 | | - | agencies, nonprofit organizations and philanthropy associations in the |
|---|
| 7462 | | - | state while conducting such study and mapping. As used in this section, |
|---|
| 7463 | | - | "state agency" has the same meaning as provided in section 1-79 of the |
|---|
| 7464 | | - | general statutes. |
|---|
| 7465 | | - | (b) Such study and mapping shall (1) assess the capacity of such |
|---|
| 7466 | | - | nonprofit organizations to assist the state in addressing public needs |
|---|
| 7467 | | - | and identifying the availability and strength of assets and gaps or |
|---|
| 7468 | | - | weaknesses of service, (2) provide an effective tool for sharing data, |
|---|
| 7469 | | - | documents and communication among and between such nonprofit |
|---|
| 7470 | | - | organizations for the purpose of strengthening such nonprofit |
|---|
| 7471 | | - | organizations' capacity to serve the residents of the state, (3) provide a |
|---|
| 7472 | | - | resource for policy makers to determine gaps in services and capacity |
|---|
| 7473 | | - | and enhance collaboration among different nonprofit organizations |
|---|
| 7474 | | - | working in the same geographic areas and serving the same target |
|---|
| 7475 | | - | population, (4) provide information to policy makers on ways in which |
|---|
| 7476 | | - | to ensure that resources are being invested in areas and populations |
|---|
| 7477 | | - | with the greatest need and the extent to which the lack of such resources House Bill No. 5523 |
|---|
| 7478 | | - | |
|---|
| 7479 | | - | Public Act No. 24-81 198 of 351 |
|---|
| 7480 | | - | |
|---|
| 7481 | | - | impacts such areas and populations, and (5) present data by town, |
|---|
| 7482 | | - | county and state-wide, as well as by each regional council of |
|---|
| 7483 | | - | government, and include a summary of the available resources, |
|---|
| 7484 | | - | including nonprofit organizations and state agencies, to create a |
|---|
| 7485 | | - | database of the state's nonprofit organizations by target service |
|---|
| 7486 | | - | population, mission and geography. |
|---|
| 7487 | | - | (c) The Office of Policy and Management, Department of Consumer |
|---|
| 7488 | | - | Protection, Secretary of the State and any other state agency which |
|---|
| 7489 | | - | contracts with nonprofits to provide services on its behalf, shall, upon |
|---|
| 7490 | | - | request of the School of Public Policy at The University of Connecticut, |
|---|
| 7491 | | - | provide to said school any data necessary to conduct such study and |
|---|
| 7492 | | - | mapping. |
|---|
| 7493 | | - | (d) (1) Not later than October 1, 2024, the School of Public Policy at |
|---|
| 7494 | | - | The University of Connecticut shall submit a preliminary report on such |
|---|
| 7495 | | - | study and mapping to the joint standing committee of the General |
|---|
| 7496 | | - | Assembly having cognizance of matters relating to education, in |
|---|
| 7497 | | - | accordance with the provisions of section 11-4a of the general statutes. |
|---|
| 7498 | | - | (2) Not later than June 30, 2025, the School of Public Policy at The |
|---|
| 7499 | | - | University of Connecticut shall submit a final report on such study and |
|---|
| 7500 | | - | mapping to the joint standing committee of the General Assembly |
|---|
| 7501 | | - | having cognizance of matters relating to education, in accordance with |
|---|
| 7502 | | - | the provisions of section 11-4a of the general statutes. Such final report |
|---|
| 7503 | | - | shall include (A) the comprehensive asset and capacity mapping for |
|---|
| 7504 | | - | nonprofit organizations in the state, (B) recommendations, including a |
|---|
| 7505 | | - | model to enhance collaboration among nonprofit organizations to |
|---|
| 7506 | | - | ensure that state investments are addressing gaps in services and not |
|---|
| 7507 | | - | contributing to duplicative efforts or competition among nonprofit |
|---|
| 7508 | | - | organizations, and the extent to which the lack of resources, including |
|---|
| 7509 | | - | budget deficits or other fiscal shortfalls, or state agency policies or |
|---|
| 7510 | | - | regulations impede collaboration and result in the duplication of efforts |
|---|
| 7511 | | - | and services, and (C) guidance on how to use the comprehensive asset House Bill No. 5523 |
|---|
| 7512 | | - | |
|---|
| 7513 | | - | Public Act No. 24-81 199 of 351 |
|---|
| 7514 | | - | |
|---|
| 7515 | | - | and capacity mapping to create a continuum of care document. |
|---|
| 7516 | | - | (3) Not later than June 30, 2025, the School of Public Policy at The |
|---|
| 7517 | | - | University of Connecticut shall make the final report and the |
|---|
| 7518 | | - | comprehensive asset and capacity mapping available on its Internet web |
|---|
| 7519 | | - | site. |
|---|
| 7520 | | - | Sec. 123. (Effective from passage) Not later than September 1, 2024, the |
|---|
| 7521 | | - | Department of Education shall distribute the amount allocated to the |
|---|
| 7522 | | - | department for paraeducator professional development for the fiscal |
|---|
| 7523 | | - | year ending June 30, 2023, from the federal funds designated for the |
|---|
| 7524 | | - | state pursuant to the provisions of Section 602 of Subtitle M of Title IX |
|---|
| 7525 | | - | of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from |
|---|
| 7526 | | - | time to time, to each local or regional board of education, on a pro rata |
|---|
| 7527 | | - | basis for the number of paraeducators employed by such board, to cover |
|---|
| 7528 | | - | the cost of providing professional development and in-service training |
|---|
| 7529 | | - | to paraeducators. |
|---|
| 7530 | | - | Sec. 124. Section 203 of public act 23-204 is repealed and the following |
|---|
| 7531 | | - | is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 7532 | | - | (a) As used in this section: |
|---|
| 7533 | | - | (1) "Health benefit plan" has the same meaning as provided in section |
|---|
| 7534 | | - | 38a-1080 of the general statutes, and |
|---|
| 7535 | | - | (2) "Partnership plan" has the same meaning as provided in section 3- |
|---|
| 7536 | | - | 123aaa of the general statutes. |
|---|
| 7537 | | - | (b) For the fiscal [year] years ending June 30, 2024, and June 30, 2025, |
|---|
| 7538 | | - | the Comptroller shall establish a program to provide a subsidy, within |
|---|
| 7539 | | - | available appropriations, to each paraeducator who (1) opens a health |
|---|
| 7540 | | - | savings account, pursuant to Section 223 of the Internal Revenue Code |
|---|
| 7541 | | - | of 1986, or any subsequent corresponding internal revenue code of the |
|---|
| 7542 | | - | United States, as amended from time to time, or is eligible for Medicare House Bill No. 5523 |
|---|
| 7543 | | - | |
|---|
| 7544 | | - | Public Act No. 24-81 200 of 351 |
|---|
| 7545 | | - | |
|---|
| 7546 | | - | and enrolls in a high deductible health plan, and (2) is employed by a |
|---|
| 7547 | | - | local or regional board of education. [, and (3) applies for such program |
|---|
| 7548 | | - | in the form and manner prescribed by the Comptroller.] Such subsidy |
|---|
| 7549 | | - | shall be in an amount up to a certain percentage, as specified by the |
|---|
| 7550 | | - | Comptroller, of the [initial investment made by such paraeducator to |
|---|
| 7551 | | - | open a health savings account,] deductible for the health plan in which |
|---|
| 7552 | | - | such paraeducator is enrolled, minus the amount of any employer |
|---|
| 7553 | | - | contributions to a health savings account or health reimbursement |
|---|
| 7554 | | - | account, and not exceeding an amount specified by the Comptroller. No |
|---|
| 7555 | | - | paraeducator may receive more than one subsidy pursuant to this |
|---|
| 7556 | | - | section. The Comptroller may work with the local or regional board of |
|---|
| 7557 | | - | education that employs such paraeducator to distribute such subsidy. |
|---|
| 7558 | | - | (c) For the fiscal year ending June 30, 2025, the Comptroller shall |
|---|
| 7559 | | - | establish a program to provide a subsidy, from any funds appropriated |
|---|
| 7560 | | - | for such purpose, to each local or regional board of education that |
|---|
| 7561 | | - | provides coverage to paraeducators and their dependents under a |
|---|
| 7562 | | - | health benefit plan or a partnership plan for such fiscal year or any |
|---|
| 7563 | | - | portion thereof. Such subsidy shall be (1) in an amount not more than |
|---|
| 7564 | | - | ten per cent of the aggregate premium cost, inclusive of the employee |
|---|
| 7565 | | - | and employer shares, paid by such board of education for coverage |
|---|
| 7566 | | - | under such health benefit plan or partnership plan, divided by the |
|---|
| 7567 | | - | number of paraeducators employed by such board of education and |
|---|
| 7568 | | - | enrolled in health coverage, and (2) used to offset the employee's share |
|---|
| 7569 | | - | of such premium that is deducted from the payroll check of each |
|---|
| 7570 | | - | paraeducator employed by such board of education during any pay |
|---|
| 7571 | | - | period during such fiscal year. The provisions of this subsection shall |
|---|
| 7572 | | - | not apply to a local or regional board of education that provides |
|---|
| 7573 | | - | coverage under a high deductible health plan, as that term is used in |
|---|
| 7574 | | - | subsection (f) of section 38a-520 of the general statutes. |
|---|
| 7575 | | - | (d) The Comptroller and the Commissioner of Education shall enter |
|---|
| 7576 | | - | into a memorandum of understanding, in accordance with the House Bill No. 5523 |
|---|
| 7577 | | - | |
|---|
| 7578 | | - | Public Act No. 24-81 201 of 351 |
|---|
| 7579 | | - | |
|---|
| 7580 | | - | provisions of section 4-97b of the general statutes, to allow the |
|---|
| 7581 | | - | Comptroller to utilize the sum of $5,000,000 that is appropriated to the |
|---|
| 7582 | | - | Department of Education for assistance to paraeducators pursuant to |
|---|
| 7583 | | - | section 1 of public act 23-204 to implement the provisions of this section. |
|---|
| 7584 | | - | Sec. 125. Section 10-357e of the general statutes is repealed and the |
|---|
| 7585 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 7586 | | - | The Commissioner of Education [may] shall allocate funds to allow |
|---|
| 7587 | | - | the State Education Resource Center, established pursuant to section 10- |
|---|
| 7588 | | - | 357a, to provide professional development services, technical assistance |
|---|
| 7589 | | - | and evaluation activities, policy analysis and other forms of assistance |
|---|
| 7590 | | - | to local and regional boards of education, the Department of Education, |
|---|
| 7591 | | - | state and local charter schools, as defined in section 10-66aa, the |
|---|
| 7592 | | - | Technical Education and Career System, established pursuant to section |
|---|
| 7593 | | - | 10-95, providers of school readiness programs, as defined in section 10- |
|---|
| 7594 | | - | 16p, and other educational entities and providers. The State Education |
|---|
| 7595 | | - | Resource Center shall expend such funds in accordance with procedures |
|---|
| 7596 | | - | and conditions prescribed by the commissioner. |
|---|
| 7597 | | - | Sec. 126. Section 3-123l of the 2024 supplement to the general statutes |
|---|
| 7598 | | - | is repealed. (Effective from passage) |
|---|
| 7599 | | - | Sec. 127. Section 22a-32 of the general statutes is repealed and the |
|---|
| 7600 | | - | following is substituted in lieu thereof (Effective July 1, 2024): |
|---|
| 7601 | | - | (a) No regulated activity shall be conducted upon any wetland |
|---|
| 7602 | | - | without a permit. Any person proposing to conduct or cause to be |
|---|
| 7603 | | - | conducted a regulated activity upon any wetland shall file an |
|---|
| 7604 | | - | application for a permit with the commissioner, in such form and with |
|---|
| 7605 | | - | such information as the commissioner may prescribe. Such application |
|---|
| 7606 | | - | shall include a detailed description of the proposed work and a map |
|---|
| 7607 | | - | showing the area of wetland directly affected, with the location of the |
|---|
| 7608 | | - | proposed work thereon, together with the names of the owners of record House Bill No. 5523 |
|---|
| 7609 | | - | |
|---|
| 7610 | | - | Public Act No. 24-81 202 of 351 |
|---|
| 7611 | | - | |
|---|
| 7612 | | - | of adjacent land and known claimants of water rights in or adjacent to |
|---|
| 7613 | | - | the wetland of whom the applicant has notice. The commissioner shall |
|---|
| 7614 | | - | cause a copy of such application to be mailed or sent by electronic means |
|---|
| 7615 | | - | to the chief administrative officer in the town or towns where the |
|---|
| 7616 | | - | proposed work, or any part thereof, is located, and the [chairman] |
|---|
| 7617 | | - | chairperson of the conservation commission and shellfish commission |
|---|
| 7618 | | - | of the town or towns where the proposed work, or any part thereof, is |
|---|
| 7619 | | - | located. The commissioner or the commissioner's duly designated |
|---|
| 7620 | | - | hearing officer shall hold a public hearing on such application, |
|---|
| 7621 | | - | provided, whenever the commissioner determines that the regulated |
|---|
| 7622 | | - | activity for which a permit is sought is not likely to have a significant |
|---|
| 7623 | | - | impact on the wetland, the commissioner may waive the requirement |
|---|
| 7624 | | - | for public hearing after publishing notice, in a newspaper having |
|---|
| 7625 | | - | general circulation in each town wherever the proposed work or any |
|---|
| 7626 | | - | part thereof is located, of the commissioner's intent to waive said |
|---|
| 7627 | | - | requirement and of the commissioner's tentative decision regarding the |
|---|
| 7628 | | - | application, except that the commissioner shall hold a hearing on such |
|---|
| 7629 | | - | application upon request of the applicant or upon receipt of a petition, |
|---|
| 7630 | | - | signed by at least twenty-five persons, requesting such a hearing, unless |
|---|
| 7631 | | - | the regulated activity is a transportation capital project subject to the |
|---|
| 7632 | | - | provisions of subdivisions (1) and (2) of subsection (b) of this section. |
|---|
| 7633 | | - | The following shall be notified of the hearing by mail or by electronic |
|---|
| 7634 | | - | means not less than fifteen days prior to the date set for the hearing: All |
|---|
| 7635 | | - | of those persons and agencies who are entitled to receive a copy of such |
|---|
| 7636 | | - | application in accordance with the terms [hereof] of this subsection and |
|---|
| 7637 | | - | all owners of record of adjacent land and known claimants to water |
|---|
| 7638 | | - | rights in or adjacent to the wetland of whom the applicant has notice. |
|---|
| 7639 | | - | The commissioner shall cause notice of the commissioner's tentative |
|---|
| 7640 | | - | decision regarding the application and such hearing to be published at |
|---|
| 7641 | | - | least once not more than thirty days and not fewer than ten days before |
|---|
| 7642 | | - | the date set for the hearing in the newspaper having a general |
|---|
| 7643 | | - | circulation in each town where the proposed work, or any part thereof, |
|---|
| 7644 | | - | is located. All applications and maps and documents relating thereto House Bill No. 5523 |
|---|
| 7645 | | - | |
|---|
| 7646 | | - | Public Act No. 24-81 203 of 351 |
|---|
| 7647 | | - | |
|---|
| 7648 | | - | shall be open for public inspection at the office of the commissioner. At |
|---|
| 7649 | | - | such hearing, any person or persons may appear and be heard. |
|---|
| 7650 | | - | (b) (1) If the regulated activity is a transportation capital project and |
|---|
| 7651 | | - | (A) such project is not located at an airport, as defined in section 15-34, |
|---|
| 7652 | | - | (B) the federal government requires public participation regarding such |
|---|
| 7653 | | - | regulated activity, (C) the person proposing to conduct or cause to be |
|---|
| 7654 | | - | conducted such regulated activity sought public input on such |
|---|
| 7655 | | - | regulated activity by implementing a plan approved by an agency of the |
|---|
| 7656 | | - | federal government, and (D) such person submits to the commissioner |
|---|
| 7657 | | - | a copy of the approved plan for public participation, a written summary |
|---|
| 7658 | | - | of the opportunities for public participation that were provided and a |
|---|
| 7659 | | - | copy or record of any comments received regarding such regulated |
|---|
| 7660 | | - | activity and how such comments were responded to or addressed, the |
|---|
| 7661 | | - | commissioner shall only be required to hold a public hearing on such |
|---|
| 7662 | | - | application, upon receipt of a petition, signed by at least twenty-five |
|---|
| 7663 | | - | persons, that alleges aggrievement or unreasonable pollution or |
|---|
| 7664 | | - | destruction of the public trust. |
|---|
| 7665 | | - | (2) For the purposes of subdivision (1) of this subsection, a petition |
|---|
| 7666 | | - | alleges aggrievement or unreasonable pollution or destruction of the |
|---|
| 7667 | | - | public trust if the petition sets forth specific facts that demonstrate that |
|---|
| 7668 | | - | the legal rights, duties or privileges of at least one person who signed |
|---|
| 7669 | | - | the petition will be, or may reasonably be expected to be, affected by |
|---|
| 7670 | | - | such regulated activity, or that alleges that the regulated activity |
|---|
| 7671 | | - | involves conduct which has, or which is reasonably likely to have, the |
|---|
| 7672 | | - | effect of unreasonably polluting, impairing or destroying the public |
|---|
| 7673 | | - | trust in the air, water or other natural resources of the state. Any such |
|---|
| 7674 | | - | petition shall identify the relevant statutory or regulatory provision |
|---|
| 7675 | | - | which the petitioners claim such proposed regulated activity does not |
|---|
| 7676 | | - | satisfy. The commissioner shall provide a copy of any such petition |
|---|
| 7677 | | - | received to the person proposing to conduct or cause to be conducted |
|---|
| 7678 | | - | such regulated activity, who, not more than seven business days after House Bill No. 5523 |
|---|
| 7679 | | - | |
|---|
| 7680 | | - | Public Act No. 24-81 204 of 351 |
|---|
| 7681 | | - | |
|---|
| 7682 | | - | receipt of such petition, may object to such petition on the basis that the |
|---|
| 7683 | | - | petition does not contain the specific factual demonstration required by |
|---|
| 7684 | | - | this subdivision. The commissioner shall determine whether the |
|---|
| 7685 | | - | petition satisfies the requirements of this subdivision and shall send |
|---|
| 7686 | | - | notice of such determination, in writing, to the person proposing to |
|---|
| 7687 | | - | conduct or cause to be conducted such regulated activity and the person |
|---|
| 7688 | | - | who submitted the petition. |
|---|
| 7689 | | - | (3) Nothing in this subsection shall be construed to modify or limit |
|---|
| 7690 | | - | any requirement of sections 22a-1a to 22a-1h, inclusive, concerning a |
|---|
| 7691 | | - | public scoping process, a public hearing or public participation. |
|---|
| 7692 | | - | Sec. 128. Subsection (k) of section 22a-39 of the general statutes is |
|---|
| 7693 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 7694 | | - | 2024): |
|---|
| 7695 | | - | (k) (1) Conduct a public hearing no sooner than thirty days and not |
|---|
| 7696 | | - | later than sixty days following the receipt by said commissioner of any |
|---|
| 7697 | | - | inland wetlands application, provided whenever the commissioner |
|---|
| 7698 | | - | determines that the regulated activity for which a permit is sought is not |
|---|
| 7699 | | - | likely to have a significant impact on the wetland or watercourse, [he] |
|---|
| 7700 | | - | the commissioner may waive the requirement for public hearing after |
|---|
| 7701 | | - | [(1)] (A) publishing notice, in a newspaper having general circulation in |
|---|
| 7702 | | - | each town wherever the proposed work or any part thereof is located, |
|---|
| 7703 | | - | of [his] the commissioner's intent to waive said requirement, and [(2)] |
|---|
| 7704 | | - | (B) mailing or providing by electronic means notice of such intent to the |
|---|
| 7705 | | - | chief administrative officer in the town or towns where the proposed |
|---|
| 7706 | | - | work, or any part thereof, is located, and the [chairman] chairperson of |
|---|
| 7707 | | - | the conservation commission and inland wetlands agency of each such |
|---|
| 7708 | | - | town or towns, except that the commissioner shall hold a hearing on |
|---|
| 7709 | | - | such application upon receipt, not later than thirty days after such notice |
|---|
| 7710 | | - | has been published, sent or mailed, of a petition signed by at least |
|---|
| 7711 | | - | twenty-five persons requesting such a hearing, unless the regulated |
|---|
| 7712 | | - | activity is a transportation capital project subject to the provisions of House Bill No. 5523 |
|---|
| 7713 | | - | |
|---|
| 7714 | | - | Public Act No. 24-81 205 of 351 |
|---|
| 7715 | | - | |
|---|
| 7716 | | - | subdivisions (2) and (3) of this subsection. The commissioner shall [(A)] |
|---|
| 7717 | | - | (i) publish notice of such hearing at least once not more than thirty days |
|---|
| 7718 | | - | and not fewer than ten days before the date set for the hearing in a |
|---|
| 7719 | | - | newspaper having a general circulation in each town where the |
|---|
| 7720 | | - | proposed work, or any part thereof, is located, and [(B)] (ii) mail or |
|---|
| 7721 | | - | provide by electronic means notice of such hearing to the chief |
|---|
| 7722 | | - | administrative officer in the town or towns where the proposed work, |
|---|
| 7723 | | - | or any part thereof, is located, and the [chairman] chairperson of the |
|---|
| 7724 | | - | conservation commission and inland wetlands agency of each such |
|---|
| 7725 | | - | town or towns. All applications and maps and documents relating |
|---|
| 7726 | | - | thereto shall be open for public inspection at the office of the |
|---|
| 7727 | | - | commissioner. The commissioner shall state upon [his] the |
|---|
| 7728 | | - | commissioner's records [his] the commissioner's findings and reasons |
|---|
| 7729 | | - | for the action taken. |
|---|
| 7730 | | - | (2) If the regulated activity is a transportation capital project and (A) |
|---|
| 7731 | | - | such project is not located at an airport, as defined in section 15-34, (B) |
|---|
| 7732 | | - | the federal government requires public participation regarding such |
|---|
| 7733 | | - | regulated activity, (C) the person proposing to conduct or cause to be |
|---|
| 7734 | | - | conducted such regulated activity sought public input on such |
|---|
| 7735 | | - | regulated activity by implementing a plan approved by an agency of the |
|---|
| 7736 | | - | federal government, and (D) such person submits to the commissioner |
|---|
| 7737 | | - | a copy of the approved plan for public participation, a written summary |
|---|
| 7738 | | - | of the opportunities for public participation that were provided and a |
|---|
| 7739 | | - | copy or record of any comments received regarding such regulated |
|---|
| 7740 | | - | activity and how such comments were responded to or addressed, the |
|---|
| 7741 | | - | commissioner shall only be required to hold a public hearing on such |
|---|
| 7742 | | - | application, upon receipt of a petition, signed by at least twenty-five |
|---|
| 7743 | | - | persons, that alleges aggrievement or unreasonable pollution or |
|---|
| 7744 | | - | destruction of the public trust. |
|---|
| 7745 | | - | (3) For the purposes of subdivision (2) of this subsection, a petition |
|---|
| 7746 | | - | alleges aggrievement or unreasonable pollution or destruction of the House Bill No. 5523 |
|---|
| 7747 | | - | |
|---|
| 7748 | | - | Public Act No. 24-81 206 of 351 |
|---|
| 7749 | | - | |
|---|
| 7750 | | - | public trust if the petition sets forth specific facts that demonstrate that |
|---|
| 7751 | | - | the legal rights, duties or privileges of at least one person who signed |
|---|
| 7752 | | - | the petition will be, or may reasonably be expected to be, affected by |
|---|
| 7753 | | - | such regulated activity, or that alleges that the regulated activity |
|---|
| 7754 | | - | involves conduct that has, or which is reasonably likely to have, the |
|---|
| 7755 | | - | effect of unreasonably polluting, impairing or destroying the public |
|---|
| 7756 | | - | trust in the air, water or other natural resources of the state. Any such |
|---|
| 7757 | | - | petition shall identify the relevant statutory or regulatory provision |
|---|
| 7758 | | - | which the petitioners claim such proposed regulated activity does not |
|---|
| 7759 | | - | satisfy. The commissioner shall provide a copy of any such petition |
|---|
| 7760 | | - | received to the person proposing to conduct or cause to be conducted |
|---|
| 7761 | | - | such regulated activity, who, not more than seven business days after |
|---|
| 7762 | | - | receipt of such petition, may object to such petition on the basis that the |
|---|
| 7763 | | - | petition does not contain the specific factual demonstration required by |
|---|
| 7764 | | - | this subdivision. The commissioner shall determine whether the |
|---|
| 7765 | | - | petition satisfies the requirements of this subdivision and shall send |
|---|
| 7766 | | - | notice of such determination, in writing, to the person proposing to |
|---|
| 7767 | | - | conduct or cause to be conducted such regulated activity and the person |
|---|
| 7768 | | - | who submitted the petition. |
|---|
| 7769 | | - | (4) Nothing in this subsection shall be construed to modify or limit |
|---|
| 7770 | | - | any requirements of sections 22a-1a to 22a-1h, inclusive, concerning a |
|---|
| 7771 | | - | public scoping process, a public hearing or public participation; |
|---|
| 7772 | | - | Sec. 129. Subsection (b) of section 22a-361 of the general statutes is |
|---|
| 7773 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 7774 | | - | 2024): |
|---|
| 7775 | | - | (b) (1) The commissioner, at least thirty days before approving or |
|---|
| 7776 | | - | denying an application for a permit, shall provide or require the |
|---|
| 7777 | | - | applicant to provide notice by certified mail, return receipt requested, |
|---|
| 7778 | | - | or by electronic means to the applicant, to the Connecticut Port |
|---|
| 7779 | | - | Authority, as appropriate, the Attorney General and the Commissioner |
|---|
| 7780 | | - | of Agriculture and to the chief executive officer, the [chairmen] House Bill No. 5523 |
|---|
| 7781 | | - | |
|---|
| 7782 | | - | Public Act No. 24-81 207 of 351 |
|---|
| 7783 | | - | |
|---|
| 7784 | | - | chairpersons of the planning, zoning, harbor management and shellfish |
|---|
| 7785 | | - | commissions of each town in which such structure, fill, obstruction, |
|---|
| 7786 | | - | encroachment or dredging is to be located or work to be performed, and |
|---|
| 7787 | | - | to the owner of each franchised oyster ground and the lessee of each |
|---|
| 7788 | | - | leased oyster ground within which such work is to be performed and |
|---|
| 7789 | | - | shall publish such notice once in a newspaper having a substantial |
|---|
| 7790 | | - | circulation in the area affected. Such notice shall contain [(1)] (A) the |
|---|
| 7791 | | - | name of the applicant; [(2)] (B) the location and nature of the proposed |
|---|
| 7792 | | - | activities; [(3)] (C) the tentative decision regarding the application; and |
|---|
| 7793 | | - | [(4)] (D) any additional information the commissioner deems necessary. |
|---|
| 7794 | | - | There shall be a comment period following the public notice during |
|---|
| 7795 | | - | which interested persons may submit written comments. The |
|---|
| 7796 | | - | commissioner may hold a public hearing prior to approving or denying |
|---|
| 7797 | | - | an application if, in the commissioner's discretion, the public interest |
|---|
| 7798 | | - | will best be served by holding such hearing. The commissioner shall |
|---|
| 7799 | | - | hold a public hearing if the commissioner receives: [(A)] (i) A written |
|---|
| 7800 | | - | request for such public hearing from the applicant, or [(B)] (ii) a petition, |
|---|
| 7801 | | - | signed by twenty-five or more persons requesting such public hearing |
|---|
| 7802 | | - | on an application, unless the regulated activity is a transportation |
|---|
| 7803 | | - | capital project subject to the provisions of subdivisions (2) and (3) of this |
|---|
| 7804 | | - | subsection. Following such notice and comment period and public |
|---|
| 7805 | | - | hearing, if applicable, the commissioner may, in whole or in part, |
|---|
| 7806 | | - | approve, modify and approve or deny the application. The |
|---|
| 7807 | | - | commissioner shall provide to the applicant and the persons set forth |
|---|
| 7808 | | - | above, by certified mail, return receipt requested, or by electronic |
|---|
| 7809 | | - | means, notice of the commissioner's decision. If the commissioner |
|---|
| 7810 | | - | requires the applicant to provide the notice specified in this [subsection] |
|---|
| 7811 | | - | subdivision, the applicant shall certify to the commissioner, not later |
|---|
| 7812 | | - | than twenty days after providing such notice, that such notice has been |
|---|
| 7813 | | - | provided in accordance with this [subsection] subdivision. Any person |
|---|
| 7814 | | - | who is aggrieved by the commissioner's final decision on such |
|---|
| 7815 | | - | application may appeal such decision to the Superior Court in |
|---|
| 7816 | | - | accordance with section 4-183. House Bill No. 5523 |
|---|
| 7817 | | - | |
|---|
| 7818 | | - | Public Act No. 24-81 208 of 351 |
|---|
| 7819 | | - | |
|---|
| 7820 | | - | (2) If the proposed activity is a transportation capital project and (A) |
|---|
| 7821 | | - | such project is not located at an airport, as defined in section 15-34, (B) |
|---|
| 7822 | | - | the federal government requires public participation regarding such |
|---|
| 7823 | | - | activity, (C) the person proposing to conduct or cause to be conducted |
|---|
| 7824 | | - | such activity sought public input on such activity by implementing a |
|---|
| 7825 | | - | plan approved by an agency of the federal government, and (D) such |
|---|
| 7826 | | - | person submits to the commissioner a copy of the approved plan for |
|---|
| 7827 | | - | public participation, a written summary of the opportunities for public |
|---|
| 7828 | | - | participation that were provided and a copy or record of any comments |
|---|
| 7829 | | - | received regarding such activity and how such comments were |
|---|
| 7830 | | - | responded to or addressed, the commissioner shall only be required to |
|---|
| 7831 | | - | hold a public hearing on such application, upon receipt of a petition, |
|---|
| 7832 | | - | signed by at least twenty-five persons, that alleges aggrievement or |
|---|
| 7833 | | - | unreasonable pollution or destruction of the public trust. |
|---|
| 7834 | | - | (3) For the purposes of subdivision (2) of this subsection, a petition |
|---|
| 7835 | | - | alleges aggrievement or unreasonable pollution or destruction of the |
|---|
| 7836 | | - | public trust if the petition sets forth specific facts that demonstrate that |
|---|
| 7837 | | - | the legal rights, duties or privileges of at least one person who signed |
|---|
| 7838 | | - | the petition will be, or may reasonably be expected to be, affected by |
|---|
| 7839 | | - | such activity, or that alleges that the activity involves conduct which |
|---|
| 7840 | | - | has, or which is reasonably likely to have, the effect of unreasonably |
|---|
| 7841 | | - | polluting, impairing or destroying the public trust in the air, water or |
|---|
| 7842 | | - | other natural resources of the state. Any such petition shall identify the |
|---|
| 7843 | | - | relevant statutory or regulatory provision that the petitioners claim such |
|---|
| 7844 | | - | activity does not satisfy. The commissioner shall provide a copy of any |
|---|
| 7845 | | - | such petition received to the person proposing to conduct or cause to be |
|---|
| 7846 | | - | conducted such activity, who, not more than seven business days after |
|---|
| 7847 | | - | receipt of such petition, may object to such petition on the basis that the |
|---|
| 7848 | | - | petition does not contain the specific factual demonstration required by |
|---|
| 7849 | | - | this subdivision. The commissioner shall determine whether the |
|---|
| 7850 | | - | petition satisfies the requirements of this subdivision and shall send |
|---|
| 7851 | | - | notice of such determination, in writing, to the person proposing to House Bill No. 5523 |
|---|
| 7852 | | - | |
|---|
| 7853 | | - | Public Act No. 24-81 209 of 351 |
|---|
| 7854 | | - | |
|---|
| 7855 | | - | conduct or cause to be conducted such activity and the person who |
|---|
| 7856 | | - | submitted the petition. |
|---|
| 7857 | | - | (4) Nothing in this subsection shall be construed to modify or limit |
|---|
| 7858 | | - | any requirement of sections 22a-1a to 22a-1h, inclusive, concerning a |
|---|
| 7859 | | - | public scoping process, a public hearing or public participation. |
|---|
| 7860 | | - | Sec. 130. Subsection (d) of section 25-68d of the general statutes is |
|---|
| 7861 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
|---|
| 7862 | | - | 2024): |
|---|
| 7863 | | - | (d) (1) Any state agency proposing an activity or critical activity |
|---|
| 7864 | | - | within or affecting the floodplain may apply to the commissioner for |
|---|
| 7865 | | - | exemption from the provisions of subsection (b) of this section. Such |
|---|
| 7866 | | - | application shall include a statement of the reasons why such agency is |
|---|
| 7867 | | - | unable to comply with said subsection and any other information the |
|---|
| 7868 | | - | commissioner deems necessary. The commissioner, at least thirty days |
|---|
| 7869 | | - | before approving, approving with conditions or denying any such |
|---|
| 7870 | | - | application, shall publish once in a newspaper having a substantial |
|---|
| 7871 | | - | circulation in the affected area notice of: [(1)] (A) The name of the |
|---|
| 7872 | | - | applicant; [(2)] (B) the location and nature of the requested exemption; |
|---|
| 7873 | | - | [(3)] (C) the tentative decision on the application; and [(4)] (D) additional |
|---|
| 7874 | | - | information the commissioner deems necessary to support the decision |
|---|
| 7875 | | - | to approve, approve with conditions or deny the application. There shall |
|---|
| 7876 | | - | be a comment period following the public notice during which period |
|---|
| 7877 | | - | interested persons and municipalities may submit written comments. |
|---|
| 7878 | | - | After the comment period, the commissioner shall make a final |
|---|
| 7879 | | - | determination to either approve the application, approve the |
|---|
| 7880 | | - | application with conditions or deny the application. |
|---|
| 7881 | | - | (2) The commissioner may hold a public hearing prior to approving, |
|---|
| 7882 | | - | approving with conditions or denying any application if in the |
|---|
| 7883 | | - | discretion of the commissioner the public interest will be best served |
|---|
| 7884 | | - | thereby, and the commissioner shall hold a public hearing upon receipt House Bill No. 5523 |
|---|
| 7885 | | - | |
|---|
| 7886 | | - | Public Act No. 24-81 210 of 351 |
|---|
| 7887 | | - | |
|---|
| 7888 | | - | of a petition signed by at least twenty-five persons, unless the activity |
|---|
| 7889 | | - | or critical activity is a transportation capital project subject to the |
|---|
| 7890 | | - | provisions of subdivisions (3) and (4) of this subsection. Notice of such |
|---|
| 7891 | | - | hearing shall be published at least thirty days before the hearing in a |
|---|
| 7892 | | - | newspaper having a substantial circulation in the area affected. The |
|---|
| 7893 | | - | commissioner may approve or approve with conditions such exemption |
|---|
| 7894 | | - | if the commissioner determines that (A) the agency has shown that the |
|---|
| 7895 | | - | activity or critical activity is in the public interest, will not injure persons |
|---|
| 7896 | | - | or damage property in the area of such activity or critical activity, |
|---|
| 7897 | | - | complies with the provisions of the National Flood Insurance Program, |
|---|
| 7898 | | - | and, in the case of a loan or grant, the recipient of the loan or grant has |
|---|
| 7899 | | - | been informed that increased flood insurance premiums may result |
|---|
| 7900 | | - | from the activity or critical activity. An activity shall be considered to be |
|---|
| 7901 | | - | in the public interest if it is a development subject to environmental |
|---|
| 7902 | | - | remediation regulations adopted pursuant to section 22a-133k and is in |
|---|
| 7903 | | - | or adjacent to an area identified as a regional center, neighborhood |
|---|
| 7904 | | - | conservation area, growth area or rural community center in the state |
|---|
| 7905 | | - | plan of conservation and development pursuant to chapter 297, or (B) in |
|---|
| 7906 | | - | the case of a flood control project, such project meets the criteria of |
|---|
| 7907 | | - | subparagraph (A) of this subdivision and is more cost-effective to the |
|---|
| 7908 | | - | state and municipalities than a project constructed to or above the base |
|---|
| 7909 | | - | flood or base flood for a critical activity. Following approval for |
|---|
| 7910 | | - | exemption for a flood control project, the commissioner shall provide |
|---|
| 7911 | | - | notice of the hazards of a flood greater than the capacity of the project |
|---|
| 7912 | | - | design to each member of the legislature whose district will be affected |
|---|
| 7913 | | - | by the project and to the following agencies and officials in the area to |
|---|
| 7914 | | - | be protected by the project: The planning and zoning commission, the |
|---|
| 7915 | | - | inland wetlands agency, the director of civil defense, the conservation |
|---|
| 7916 | | - | commission, the fire department, the police department, the chief |
|---|
| 7917 | | - | elected official and each member of the legislative body, and the |
|---|
| 7918 | | - | regional council of governments. Notice shall be given to the general |
|---|
| 7919 | | - | public by publication in a newspaper of general circulation in each |
|---|
| 7920 | | - | municipality in the area in which the project is to be located. House Bill No. 5523 |
|---|
| 7921 | | - | |
|---|
| 7922 | | - | Public Act No. 24-81 211 of 351 |
|---|
| 7923 | | - | |
|---|
| 7924 | | - | (3) If the activity or critical activity is a transportation capital project |
|---|
| 7925 | | - | and (A) such project is not located at an airport, as defined in section 15- |
|---|
| 7926 | | - | 34, (B) the federal government requires public participation regarding |
|---|
| 7927 | | - | such activity or critical activity, (C) the state agency proposing to |
|---|
| 7928 | | - | conduct or cause to be conducted such activity or critical activity sought |
|---|
| 7929 | | - | public input on such activity or critical activity by implementing a plan |
|---|
| 7930 | | - | approved by an agency of the federal government, and (D) such state |
|---|
| 7931 | | - | agency submits to the commissioner a copy of the approved plan for |
|---|
| 7932 | | - | public participation, a written summary of the opportunities for public |
|---|
| 7933 | | - | participation that were provided and a copy or record of any comments |
|---|
| 7934 | | - | received regarding such activity or critical activity and how such |
|---|
| 7935 | | - | comments were responded to or addressed, the commissioner shall only |
|---|
| 7936 | | - | be required to hold a public hearing on such application, upon receipt |
|---|
| 7937 | | - | of a petition, signed by at least twenty-five persons, that alleges |
|---|
| 7938 | | - | aggrievement or unreasonable pollution or destruction of the public |
|---|
| 7939 | | - | trust. |
|---|
| 7940 | | - | (4) For the purposes of subdivision (3) of this subsection, a petition |
|---|
| 7941 | | - | alleges aggrievement or unreasonable pollution or destruction of the |
|---|
| 7942 | | - | public trust if the petition sets forth specific facts that demonstrate that |
|---|
| 7943 | | - | the legal rights, duties or privileges of at least one person who signed |
|---|
| 7944 | | - | the petition will be, or may reasonably be expected to be, affected by |
|---|
| 7945 | | - | such activity or critical activity, or that alleges that the activity or critical |
|---|
| 7946 | | - | activity involves conduct which has, or which is reasonably likely to |
|---|
| 7947 | | - | have, the effect of unreasonably polluting, impairing or destroying the |
|---|
| 7948 | | - | public trust in the air, water or other natural resources of the state. Any |
|---|
| 7949 | | - | such petition shall identify the relevant statutory or regulatory |
|---|
| 7950 | | - | provision with which petitioners claim such activity or critical activity |
|---|
| 7951 | | - | does not satisfy. The commissioner shall provide a copy of any such |
|---|
| 7952 | | - | petition received to the state agency. Not more than seven business days |
|---|
| 7953 | | - | after receipt of such petition, the state agency may object to such petition |
|---|
| 7954 | | - | on the basis that the petition does not contain the specific factual |
|---|
| 7955 | | - | demonstration required by this subdivision. The commissioner shall House Bill No. 5523 |
|---|
| 7956 | | - | |
|---|
| 7957 | | - | Public Act No. 24-81 212 of 351 |
|---|
| 7958 | | - | |
|---|
| 7959 | | - | determine whether the petition satisfies the requirements of this |
|---|
| 7960 | | - | subdivision and shall send notice of such determination, in writing, to |
|---|
| 7961 | | - | the state agency and the person who submitted the petition. |
|---|
| 7962 | | - | (5) Nothing in this subsection shall be construed to modify or limit |
|---|
| 7963 | | - | any requirement of sections 22a-1a to 22a-1h, inclusive, concerning a |
|---|
| 7964 | | - | public scoping process, a public hearing or public participation. |
|---|
| 7965 | | - | Sec. 131. Section 3-22e of the general statutes is repealed and the |
|---|
| 7966 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 7967 | | - | (a) There is established a Connecticut Higher Education Trust |
|---|
| 7968 | | - | Advisory Committee which shall consist of the State Treasurer, the |
|---|
| 7969 | | - | [executive director of the Office] Commissioner of Higher Education, |
|---|
| 7970 | | - | the Secretary of the Office of Policy and Management and the |
|---|
| 7971 | | - | cochairpersons and ranking members of the joint standing committees |
|---|
| 7972 | | - | of the General Assembly having cognizance of matters relating to |
|---|
| 7973 | | - | education and finance, revenue and bonding, or their designees, and |
|---|
| 7974 | | - | one student financial aid officer and one finance officer at a public |
|---|
| 7975 | | - | institution of higher education in the state, each appointed by the Board |
|---|
| 7976 | | - | of Regents for Higher Education, and one student financial aid officer |
|---|
| 7977 | | - | and one finance officer at an independent institution of higher education |
|---|
| 7978 | | - | in the state, each appointed by the Connecticut Conference of |
|---|
| 7979 | | - | Independent Colleges. The advisory committee shall meet at least |
|---|
| 7980 | | - | annually. The State Treasurer shall convene the meetings of the |
|---|
| 7981 | | - | committee. |
|---|
| 7982 | | - | (b) Within six months from the date of the trust's annual report, the |
|---|
| 7983 | | - | State Treasurer and the [executive director of the Office] Commissioner |
|---|
| 7984 | | - | of Higher Education shall jointly report, in accordance with section 11- |
|---|
| 7985 | | - | 4a, to the joint standing committees of the General Assembly having |
|---|
| 7986 | | - | cognizance of matters relating to education and finance, revenue and |
|---|
| 7987 | | - | bonding on an evaluation of the Connecticut Higher Education Trust |
|---|
| 7988 | | - | and recommendations, if any, for improvements in the program. House Bill No. 5523 |
|---|
| 7989 | | - | |
|---|
| 7990 | | - | Public Act No. 24-81 213 of 351 |
|---|
| 7991 | | - | |
|---|
| 7992 | | - | Sec. 132. Subsection (a) of section 4-124xx of the 2024 supplement to |
|---|
| 7993 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 7994 | | - | thereof (Effective from passage): |
|---|
| 7995 | | - | (a) The Chief Workforce Officer, appointed pursuant to section 4- |
|---|
| 7996 | | - | 124w, in consultation with the Labor Commissioner, the Commissioners |
|---|
| 7997 | | - | of Social Services, Developmental Disabilities, Public Health, Higher |
|---|
| 7998 | | - | Education and Aging and Disability Services, the Governor's Workforce |
|---|
| 7999 | | - | Council, [the executive director of the Office of Higher Education,] the |
|---|
| 8000 | | - | Council on Developmental Disabilities, the Autism Spectrum Disorder |
|---|
| 8001 | | - | Advisory Council and regional workforce development boards, shall |
|---|
| 8002 | | - | establish a Human Services Career Pipeline program to ensure a |
|---|
| 8003 | | - | sufficient number of trained providers are available to serve the needs |
|---|
| 8004 | | - | of persons in the state with an intellectual disability, other |
|---|
| 8005 | | - | developmental disabilities, physical disabilities, cognitive impairment |
|---|
| 8006 | | - | or mental illness and elderly persons. Such pipeline shall include |
|---|
| 8007 | | - | training and certification for cardiopulmonary resuscitation, first aid, |
|---|
| 8008 | | - | medication administration, job placement and incentives for retention |
|---|
| 8009 | | - | in the human services labor sector upon successful completion of the |
|---|
| 8010 | | - | program. |
|---|
| 8011 | | - | Sec. 133. Subdivision (11) of subsection (c) of section 10-15j of the 2024 |
|---|
| 8012 | | - | supplement to the general statutes is repealed and the following is |
|---|
| 8013 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 8014 | | - | (11) The [executive director of the Office] Commissioner of Higher |
|---|
| 8015 | | - | Education, or the [executive director's] commissioner's designee. |
|---|
| 8016 | | - | Sec. 134. Subsection (b) of section 10a-1d of the general statutes is |
|---|
| 8017 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 8018 | | - | passage): |
|---|
| 8019 | | - | (b) The Governor shall appoint [an executive director of the Office] a |
|---|
| 8020 | | - | Commissioner of Higher Education in accordance with the provisions House Bill No. 5523 |
|---|
| 8021 | | - | |
|---|
| 8022 | | - | Public Act No. 24-81 214 of 351 |
|---|
| 8023 | | - | |
|---|
| 8024 | | - | of sections 4-5 to 4-8, inclusive. The [executive director] commissioner |
|---|
| 8025 | | - | shall have the responsibility for implementing the policies and |
|---|
| 8026 | | - | directives of the office. |
|---|
| 8027 | | - | Sec. 135. Subsection (a) of section 10a-11b of the 2024 supplement to |
|---|
| 8028 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 8029 | | - | thereof (Effective from passage): |
|---|
| 8030 | | - | (a) There is established a Planning Commission for Higher Education |
|---|
| 8031 | | - | to develop and ensure the implementation of a higher education |
|---|
| 8032 | | - | strategic master plan in Connecticut. |
|---|
| 8033 | | - | (1) The commission shall consist of the following voting members: |
|---|
| 8034 | | - | (A) The president of the Connecticut State Colleges and Universities, the |
|---|
| 8035 | | - | president of The University of Connecticut, or their designees from the |
|---|
| 8036 | | - | Board of Regents and Board of Trustees; (B) the provost of the |
|---|
| 8037 | | - | Connecticut State Colleges and Universities and the provost of The |
|---|
| 8038 | | - | University of Connecticut; (C) the chair of the Board of Regents for the |
|---|
| 8039 | | - | Connecticut State Colleges and Universities, and the Board of Trustees |
|---|
| 8040 | | - | for The University of Connecticut, or the chairs' designees; (D) the |
|---|
| 8041 | | - | president, provost or chair of the board of a large independent |
|---|
| 8042 | | - | institution of higher education in the state, to be selected by the |
|---|
| 8043 | | - | president pro tempore of the Senate; (E) the president, provost or chair |
|---|
| 8044 | | - | of the board of a small independent institution of higher education in |
|---|
| 8045 | | - | the state, to be selected by the speaker of the House of Representatives; |
|---|
| 8046 | | - | (F) a representative from a private career school, to be selected by the |
|---|
| 8047 | | - | [executive director of the Office] Commissioner of Higher Education; |
|---|
| 8048 | | - | (G) a teaching faculty representative from the Connecticut State |
|---|
| 8049 | | - | Universities, to be selected by the president of the Connecticut State |
|---|
| 8050 | | - | Colleges and Universities; (H) a teaching faculty representative from the |
|---|
| 8051 | | - | regional community-technical colleges, to be selected by the president |
|---|
| 8052 | | - | of the Connecticut State Colleges and Universities; (I) a teaching faculty |
|---|
| 8053 | | - | representative from The University of Connecticut, to be selected by the |
|---|
| 8054 | | - | president of The University of Connecticut; (J) a teaching faculty House Bill No. 5523 |
|---|
| 8055 | | - | |
|---|
| 8056 | | - | Public Act No. 24-81 215 of 351 |
|---|
| 8057 | | - | |
|---|
| 8058 | | - | representative from a private career school in the state, to be selected by |
|---|
| 8059 | | - | the [executive director of the Office] Commissioner of Higher |
|---|
| 8060 | | - | Education; (K) one member appointed by the president pro tempore of |
|---|
| 8061 | | - | the Senate, who shall be a representative of a large manufacturing |
|---|
| 8062 | | - | employer in the state; (L) one member appointed by the speaker of the |
|---|
| 8063 | | - | House of Representatives, who shall be a representative of a large |
|---|
| 8064 | | - | financial or insurance services employer in the state; (M) one member |
|---|
| 8065 | | - | appointed by the majority leader of the Senate, who shall be a |
|---|
| 8066 | | - | representative of an information technology or digital media employer |
|---|
| 8067 | | - | in the state; (N) one member appointed by the minority leader of the |
|---|
| 8068 | | - | Senate, who shall be a representative of a small business employer in |
|---|
| 8069 | | - | the state; (O) one member appointed by the majority leader of the House |
|---|
| 8070 | | - | of Representatives, who shall be a representative of a health care |
|---|
| 8071 | | - | employer in the state; and (P) one member appointed by the minority |
|---|
| 8072 | | - | leader of the House of Representatives, who shall be a representative of |
|---|
| 8073 | | - | a small business employer in the state. The commission membership |
|---|
| 8074 | | - | shall, where feasible, reflect the state's geographic, racial and ethnic |
|---|
| 8075 | | - | diversity. |
|---|
| 8076 | | - | (2) The following persons shall serve as ex-officio nonvoting |
|---|
| 8077 | | - | members on the commission: (A) The Commissioner of Education, the |
|---|
| 8078 | | - | Commissioner of Economic and Community Development and the |
|---|
| 8079 | | - | Labor Commissioner, or their designees; (B) a representative of an |
|---|
| 8080 | | - | association of the state's independent institutions of higher education, |
|---|
| 8081 | | - | appointed by the Governor; (C) a member of the State Board of |
|---|
| 8082 | | - | Education, as designated by the chairperson of the state board; (D) the |
|---|
| 8083 | | - | superintendent of the technical high school system, or the |
|---|
| 8084 | | - | superintendent's designee; (E) the chief executive officer of Connecticut |
|---|
| 8085 | | - | Innovations, Incorporated, or the chief executive officer's designee; (F) |
|---|
| 8086 | | - | the [executive director of the Office] Commissioner of Higher |
|---|
| 8087 | | - | Education; (G) the chairpersons and ranking members of the joint |
|---|
| 8088 | | - | standing committee of the General Assembly having cognizance of |
|---|
| 8089 | | - | matters relating to higher education and employment advancement; (H) House Bill No. 5523 |
|---|
| 8090 | | - | |
|---|
| 8091 | | - | Public Act No. 24-81 216 of 351 |
|---|
| 8092 | | - | |
|---|
| 8093 | | - | the Secretary of the Office of Policy and Management, or the secretary's |
|---|
| 8094 | | - | designee; and (I) the Chief Workforce Officer. |
|---|
| 8095 | | - | (3) The Governor shall appoint the chairperson from among the |
|---|
| 8096 | | - | commission's voting members. The commission shall elect a vice- |
|---|
| 8097 | | - | chairperson at its first meeting. Any vacancies shall be filled by the |
|---|
| 8098 | | - | appointing authority. The term of each appointed member of the |
|---|
| 8099 | | - | commission shall be three years from the date of appointment. The |
|---|
| 8100 | | - | commission members shall serve without compensation. The |
|---|
| 8101 | | - | commission may seek the advice and participation of any person, |
|---|
| 8102 | | - | organization or state or federal agency it deems necessary to carry out |
|---|
| 8103 | | - | the provisions of this section. The commission may, within available |
|---|
| 8104 | | - | appropriations, retain consultants to assist in carrying out its duties. The |
|---|
| 8105 | | - | commission may receive funds from any public or private sources to |
|---|
| 8106 | | - | carry out its activities. The commission shall be within the Office of |
|---|
| 8107 | | - | Higher Education and shall be responsible for implementing any |
|---|
| 8108 | | - | policies developed by the commission. |
|---|
| 8109 | | - | Sec. 136. Section 10a-19m of the 2024 supplement to the general |
|---|
| 8110 | | - | statutes is repealed and the following is substituted in lieu thereof |
|---|
| 8111 | | - | (Effective from passage): |
|---|
| 8112 | | - | (a) On or before January 1, 2025, the [executive director of the Office] |
|---|
| 8113 | | - | Commissioner of Higher Education shall establish, within available |
|---|
| 8114 | | - | appropriations, a program to reimburse certain persons for student loan |
|---|
| 8115 | | - | payments. The Office of Higher Education may approve the |
|---|
| 8116 | | - | participation of any person in the student loan reimbursement program |
|---|
| 8117 | | - | who (1) (A) attended a state college or university and graduated with a |
|---|
| 8118 | | - | bachelor's degree, (B) left such college or university in good academic |
|---|
| 8119 | | - | standing before graduation, or (C) holds an occupational or professional |
|---|
| 8120 | | - | license or certification issued pursuant to title 20; (2) is a resident of the |
|---|
| 8121 | | - | state, as defined in section 12-701 and has been a resident of the state for |
|---|
| 8122 | | - | not less than five years; (3) has (A) a Connecticut adjusted gross income |
|---|
| 8123 | | - | of not more than one hundred twenty-five thousand dollars and files a House Bill No. 5523 |
|---|
| 8124 | | - | |
|---|
| 8125 | | - | Public Act No. 24-81 217 of 351 |
|---|
| 8126 | | - | |
|---|
| 8127 | | - | return under the federal income tax as an unmarried individual or a |
|---|
| 8128 | | - | married individual filing separately, or (B) a Connecticut adjusted gross |
|---|
| 8129 | | - | income of not more than one hundred seventy-five thousand dollars |
|---|
| 8130 | | - | and files a return under the federal income tax as a head of household, |
|---|
| 8131 | | - | a married individual filing jointly or a surviving spouse, as defined in |
|---|
| 8132 | | - | Section 2(a) of the Internal Revenue Code of 1986, or any subsequent |
|---|
| 8133 | | - | corresponding internal revenue code of the United States, as amended |
|---|
| 8134 | | - | from time to time; and (4) has a student loan. For the purposes of this |
|---|
| 8135 | | - | section "state college or university" means any public or private college |
|---|
| 8136 | | - | or university in the state. |
|---|
| 8137 | | - | (b) Persons who qualify under subsection (a) of this section may |
|---|
| 8138 | | - | apply to the Office of Higher Education to participate in the student loan |
|---|
| 8139 | | - | reimbursement program at such time and in such manner as the |
|---|
| 8140 | | - | [executive director] Commissioner of said office prescribes. |
|---|
| 8141 | | - | (c) (1) The [executive director of the Office] Commissioner of Higher |
|---|
| 8142 | | - | Education shall award grants to persons approved to participate in the |
|---|
| 8143 | | - | student loan reimbursement program on a first-come, first-served basis, |
|---|
| 8144 | | - | provided such person meets the requirements of this subsection. |
|---|
| 8145 | | - | (2) Each participant in the program shall volunteer for a nonprofit |
|---|
| 8146 | | - | organization in the state for not less than fifty unpaid hours for each |
|---|
| 8147 | | - | year of participation in the student loan reimbursement program. For |
|---|
| 8148 | | - | purposes of this section, "volunteer hours" shall include, but need not |
|---|
| 8149 | | - | be limited to, service on the board of directors for a nonprofit |
|---|
| 8150 | | - | organization and military service. |
|---|
| 8151 | | - | (3) Each participant in the program shall annually submit receipts of |
|---|
| 8152 | | - | payment on student loans and evidence of having completed such |
|---|
| 8153 | | - | volunteer hours to the Office of Higher Education in the manner |
|---|
| 8154 | | - | prescribed by the [executive director] commissioner. |
|---|
| 8155 | | - | (4) The Office of Higher Education shall reimburse each program House Bill No. 5523 |
|---|
| 8156 | | - | |
|---|
| 8157 | | - | Public Act No. 24-81 218 of 351 |
|---|
| 8158 | | - | |
|---|
| 8159 | | - | participant who meets the requirements of this section for student loan |
|---|
| 8160 | | - | payments an amount of not more than five thousand dollars, annually, |
|---|
| 8161 | | - | provided no person shall participate in the student loan reimbursement |
|---|
| 8162 | | - | program for more than four years or receive more than twenty thousand |
|---|
| 8163 | | - | dollars in aggregate reimbursement for student loan payments. |
|---|
| 8164 | | - | (d) The Office of Higher Education may use up to two and one-half |
|---|
| 8165 | | - | per cent of the funds appropriated for purposes of this section, annually, |
|---|
| 8166 | | - | for program administration, promotion and recruitment activities. |
|---|
| 8167 | | - | (e) Not later than July 1, 2026, and each January and July thereafter, |
|---|
| 8168 | | - | the [executive director of the Office] Commissioner of Higher Education |
|---|
| 8169 | | - | shall report, in accordance with the provisions of section 11-4a, to the |
|---|
| 8170 | | - | joint standing committees of the General Assembly having cognizance |
|---|
| 8171 | | - | of matters relating to higher education and employment advancement |
|---|
| 8172 | | - | and appropriations and the budgets of state agencies on the operation |
|---|
| 8173 | | - | and effectiveness of the program and any recommendations to expand |
|---|
| 8174 | | - | the program. |
|---|
| 8175 | | - | Sec. 137. Subdivisions (3) and (4) of section 10a-22a of the general |
|---|
| 8176 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 8177 | | - | (Effective from passage): |
|---|
| 8178 | | - | (3) "Branch" means a subdivision of a school (A) located at a different |
|---|
| 8179 | | - | facility and geographical site from the school, except for a site that is an |
|---|
| 8180 | | - | additional classroom site as determined by the [executive director] |
|---|
| 8181 | | - | commissioner, or the [executive director's] commissioner's designee, |
|---|
| 8182 | | - | and (B) that (i) offers one or more complete programs leading to a |
|---|
| 8183 | | - | diploma or certificate; (ii) operates under the school's certificate of |
|---|
| 8184 | | - | operation; (iii) meets the same conditions of authorization as the school; |
|---|
| 8185 | | - | and (iv) exercises administrative control and is responsible for its own |
|---|
| 8186 | | - | academic affairs; |
|---|
| 8187 | | - | (4) ["Executive director"] "Commissioner" means the [executive House Bill No. 5523 |
|---|
| 8188 | | - | |
|---|
| 8189 | | - | Public Act No. 24-81 219 of 351 |
|---|
| 8190 | | - | |
|---|
| 8191 | | - | director of the Office] Commissioner of Higher Education; and |
|---|
| 8192 | | - | Sec. 138. Section 10a-22b of the general statutes is repealed and the |
|---|
| 8193 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8194 | | - | (a) No person, board, association, partnership, corporation, limited |
|---|
| 8195 | | - | liability company or other entity shall offer instruction in any form or |
|---|
| 8196 | | - | manner in any trade or in any industrial, commercial, service, |
|---|
| 8197 | | - | professional or other occupation unless such person, board, association, |
|---|
| 8198 | | - | partnership, corporation, limited liability company or other entity first |
|---|
| 8199 | | - | receives from the [executive director] commissioner a certificate |
|---|
| 8200 | | - | authorizing the occupational instruction to be offered. |
|---|
| 8201 | | - | (b) Except for initial authorizations, the [executive director] |
|---|
| 8202 | | - | commissioner may accept institutional accreditation by an accrediting |
|---|
| 8203 | | - | agency recognized by the United States Department of Education, in |
|---|
| 8204 | | - | satisfaction of the requirements of this section and section 10a-22d, |
|---|
| 8205 | | - | including the evaluation and attendance requirement. Except for initial |
|---|
| 8206 | | - | authorizations, the [executive director] commissioner may accept |
|---|
| 8207 | | - | programmatic accreditation in satisfaction of the requirements of this |
|---|
| 8208 | | - | section and section 10a-22d with regard to instruction offered by a |
|---|
| 8209 | | - | hospital unless the [executive director] commissioner finds reasonable |
|---|
| 8210 | | - | cause not to rely upon such accreditation. |
|---|
| 8211 | | - | (c) Each person, board, association, partnership, corporation, limited |
|---|
| 8212 | | - | liability company or other entity which seeks to offer occupational |
|---|
| 8213 | | - | instruction shall submit to the [executive director] commissioner, or the |
|---|
| 8214 | | - | [executive director's] commissioner's designee, in such manner and on |
|---|
| 8215 | | - | such forms as the [executive director] commissioner, or the [executive |
|---|
| 8216 | | - | director's] commissioner's designee, prescribes, an application for a |
|---|
| 8217 | | - | certificate of authorization. Each application for initial authorization |
|---|
| 8218 | | - | shall be accompanied by a nonrefundable application fee made payable |
|---|
| 8219 | | - | to the private career school student protection account. Such application |
|---|
| 8220 | | - | fee shall be in the amount of two thousand dollars for the private career House Bill No. 5523 |
|---|
| 8221 | | - | |
|---|
| 8222 | | - | Public Act No. 24-81 220 of 351 |
|---|
| 8223 | | - | |
|---|
| 8224 | | - | school and two hundred dollars for each branch of a private career |
|---|
| 8225 | | - | school in this state, except that, each application for initial authorization |
|---|
| 8226 | | - | submitted on and after the effective date of the regulations adopted |
|---|
| 8227 | | - | pursuant to section 10a-22k, shall be accompanied by a nonrefundable |
|---|
| 8228 | | - | application fee in the amount specified in such regulations. Any |
|---|
| 8229 | | - | application for initial authorization that remains incomplete six months |
|---|
| 8230 | | - | after the date such application was first submitted to the Office of |
|---|
| 8231 | | - | Higher Education shall expire and the office shall not approve such |
|---|
| 8232 | | - | expired application for authorization. |
|---|
| 8233 | | - | (d) Each person, board, association, partnership, corporation, limited |
|---|
| 8234 | | - | liability company or other entity seeking to offer occupational |
|---|
| 8235 | | - | instruction shall have a net worth consisting of sufficient liquid assets |
|---|
| 8236 | | - | or produce other evidence of fiscal soundness to demonstrate the ability |
|---|
| 8237 | | - | of the proposed private career school to operate, achieve all of its |
|---|
| 8238 | | - | objectives and meet all of its obligations, including those concerning |
|---|
| 8239 | | - | staff and students, during the period of time for which the authorization |
|---|
| 8240 | | - | is sought. |
|---|
| 8241 | | - | (e) Upon receipt of a complete application pursuant to subsection (c) |
|---|
| 8242 | | - | of this section, the [executive director] commissioner shall cause to be |
|---|
| 8243 | | - | conducted an evaluation of the applicant school. Not later than sixty |
|---|
| 8244 | | - | days (1) after receipt of a complete application for initial authorization, |
|---|
| 8245 | | - | or (2) prior to expiration of the authorization of a private career school |
|---|
| 8246 | | - | applying to renew its certificate of authorization pursuant to section |
|---|
| 8247 | | - | 10a-22d, the [executive director] commissioner, or the [executive |
|---|
| 8248 | | - | director's] commissioner's designee, shall appoint an evaluation team, |
|---|
| 8249 | | - | pursuant to subsection (f) of this section, except that on and after the |
|---|
| 8250 | | - | effective date of the regulations adopted pursuant to section 10a-22k, |
|---|
| 8251 | | - | the evaluation team shall be appointed pursuant to such regulations, to |
|---|
| 8252 | | - | conduct such evaluation of the applicant school. The evaluation team |
|---|
| 8253 | | - | shall submit a written report to the [executive director] commissioner |
|---|
| 8254 | | - | recommending authorization or nonauthorization after an on-site House Bill No. 5523 |
|---|
| 8255 | | - | |
|---|
| 8256 | | - | Public Act No. 24-81 221 of 351 |
|---|
| 8257 | | - | |
|---|
| 8258 | | - | inspection. Not later than one hundred twenty days following the |
|---|
| 8259 | | - | completed appointment of the evaluation team, the [executive director] |
|---|
| 8260 | | - | commissioner shall notify the applicant school of authorization or |
|---|
| 8261 | | - | nonauthorization. The [executive director] commissioner may consult |
|---|
| 8262 | | - | with the Labor Department and may request the advice of any other |
|---|
| 8263 | | - | state agency which may be of assistance in making a determination. In |
|---|
| 8264 | | - | the event of nonauthorization, the [executive director] commissioner |
|---|
| 8265 | | - | shall set forth the reasons therefor in writing and the applicant school |
|---|
| 8266 | | - | may request in writing a hearing before the [executive director] |
|---|
| 8267 | | - | commissioner. Such hearing shall be held in accordance with the |
|---|
| 8268 | | - | provisions of chapter 54. |
|---|
| 8269 | | - | (f) For purposes of an evaluation of an applicant school, the |
|---|
| 8270 | | - | [executive director] commissioner, or the [executive director's] |
|---|
| 8271 | | - | commissioner's designee, shall appoint an evaluation team which shall |
|---|
| 8272 | | - | include (1) at least two members representing the Office of Higher |
|---|
| 8273 | | - | Education, and (2) at least one member for each of the areas of |
|---|
| 8274 | | - | occupational instruction for which authorization is sought who shall be |
|---|
| 8275 | | - | experienced in such occupation. The applicant school shall have the |
|---|
| 8276 | | - | right to challenge any proposed member of the evaluation team for good |
|---|
| 8277 | | - | cause shown. A written challenge shall be filed with the [executive |
|---|
| 8278 | | - | director] commissioner within ten business days following the |
|---|
| 8279 | | - | appointment of such evaluation team. In the event of a challenge, a |
|---|
| 8280 | | - | decision shall be made thereon by the [executive director] commissioner |
|---|
| 8281 | | - | within ten business days from the date such challenge is filed, and if the |
|---|
| 8282 | | - | challenge is upheld the [executive director] commissioner shall appoint |
|---|
| 8283 | | - | a replacement. Employees of the state or any political subdivision of the |
|---|
| 8284 | | - | state may be members of evaluation teams. The [executive director] |
|---|
| 8285 | | - | commissioner, or the [executive director's] commissioner's designee, |
|---|
| 8286 | | - | shall not appoint any person to an evaluation team unless the [executive |
|---|
| 8287 | | - | director] commissioner, or such designee, has received from such |
|---|
| 8288 | | - | person a statement that the person has no interest which is in conflict |
|---|
| 8289 | | - | with the proper discharge of the duties of evaluation team members as House Bill No. 5523 |
|---|
| 8290 | | - | |
|---|
| 8291 | | - | Public Act No. 24-81 222 of 351 |
|---|
| 8292 | | - | |
|---|
| 8293 | | - | described in this section. The statement shall be on a form prescribed by |
|---|
| 8294 | | - | the [executive director] commissioner and shall be signed under penalty |
|---|
| 8295 | | - | of false statement. Except for any member of the evaluation team who |
|---|
| 8296 | | - | is a state employee, members may be compensated for their service at |
|---|
| 8297 | | - | the discretion of the [executive director] commissioner and shall be |
|---|
| 8298 | | - | reimbursed for actual expenses, which expenses shall be charged to and |
|---|
| 8299 | | - | paid by the applicant school. |
|---|
| 8300 | | - | (g) The evaluation team appointed pursuant to subsection (f) of this |
|---|
| 8301 | | - | section shall: (1) Conduct an on-site inspection; (2) submit a written |
|---|
| 8302 | | - | report outlining any evidence of noncompliance; (3) give the school |
|---|
| 8303 | | - | thirty days from the date of the report to provide evidence of |
|---|
| 8304 | | - | compliance; and (4) submit to the [executive director] commissioner a |
|---|
| 8305 | | - | written report recommending authorization or nonauthorization not |
|---|
| 8306 | | - | later than one hundred twenty days after the on-site inspection. The |
|---|
| 8307 | | - | evaluation team shall determine whether (A) the quality and content of |
|---|
| 8308 | | - | each course or program of instruction, including, but not limited to, |
|---|
| 8309 | | - | residential, on-line, home study and correspondence, training or study |
|---|
| 8310 | | - | shall reasonably and adequately achieve the stated objective for which |
|---|
| 8311 | | - | such course or program is offered; (B) the school has adequate space, |
|---|
| 8312 | | - | equipment, instructional materials and personnel for the instruction |
|---|
| 8313 | | - | offered; (C) the qualifications of directors, administrators, supervisors |
|---|
| 8314 | | - | and instructors shall reasonably and adequately assure that students |
|---|
| 8315 | | - | receive education consistent with the stated objectives for which a |
|---|
| 8316 | | - | course or program is offered; (D) students and other interested persons |
|---|
| 8317 | | - | shall be provided with a catalog or similar publication describing the |
|---|
| 8318 | | - | courses and programs offered, course and program objectives, length of |
|---|
| 8319 | | - | courses and programs, schedule of tuition, fees and all other charges |
|---|
| 8320 | | - | and expenses necessary for completion of the course or program, and |
|---|
| 8321 | | - | termination, withdrawal and refund policies; (E) upon satisfactory |
|---|
| 8322 | | - | completion of the course or program, each student shall be provided |
|---|
| 8323 | | - | appropriate educational credentials by the school; (F) adequate records |
|---|
| 8324 | | - | shall be maintained by the school to show attendance and grades, or House Bill No. 5523 |
|---|
| 8325 | | - | |
|---|
| 8326 | | - | Public Act No. 24-81 223 of 351 |
|---|
| 8327 | | - | |
|---|
| 8328 | | - | other indicators of student progress, and standards shall be enforced |
|---|
| 8329 | | - | relating to attendance and student performance; (G) the applicant |
|---|
| 8330 | | - | school shall be financially sound and capable of fulfilling its |
|---|
| 8331 | | - | commitments to students; (H) any student housing owned, leased, |
|---|
| 8332 | | - | rented or otherwise maintained by the applicant school shall be safe and |
|---|
| 8333 | | - | adequate; and (I) the school and any branch of the school in this state |
|---|
| 8334 | | - | has a director located at the school or branch who is responsible for daily |
|---|
| 8335 | | - | oversight of the school's or branch's operations. The evaluation team |
|---|
| 8336 | | - | may also indicate in its report such recommendations as may improve |
|---|
| 8337 | | - | the operation of the applicant school. |
|---|
| 8338 | | - | Sec. 139. Section 10a-22c of the general statutes is repealed and the |
|---|
| 8339 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8340 | | - | (a) No certificate to operate a private career school shall be authorized |
|---|
| 8341 | | - | by the [executive director] commissioner, or the [executive director's] |
|---|
| 8342 | | - | commissioner's designee, if (1) any principal, officer, member or |
|---|
| 8343 | | - | director of the applicant school has acted in a similar capacity for a |
|---|
| 8344 | | - | private career school which has had its authorization revoked pursuant |
|---|
| 8345 | | - | to section 10a-22f; (2) the applicant school does not have a net worth |
|---|
| 8346 | | - | consisting of sufficient liquid assets or other evidence of fiscal |
|---|
| 8347 | | - | soundness to operate for the period of time for which authorization is |
|---|
| 8348 | | - | sought; (3) the applicant school or any of its agents engages in |
|---|
| 8349 | | - | advertising, sales, collection, credit or other practices which are false, |
|---|
| 8350 | | - | deceptive, misleading or unfair; (4) the applicant school has any policy |
|---|
| 8351 | | - | which discourages or prohibits the filing of inquiries or complaints |
|---|
| 8352 | | - | regarding the school's operation with the [executive director] |
|---|
| 8353 | | - | commissioner; (5) the applicant school fails to satisfactorily meet the |
|---|
| 8354 | | - | criteria set forth in subsection (g) of section 10a-22b, or, on and after the |
|---|
| 8355 | | - | effective date of regulations adopted pursuant to section 10a-22k, the |
|---|
| 8356 | | - | criteria set forth in such regulations; (6) a private career school that has |
|---|
| 8357 | | - | previously closed fails to follow the procedures for school closure under |
|---|
| 8358 | | - | section 10a-22m; or (7) the applicant school does not have a director House Bill No. 5523 |
|---|
| 8359 | | - | |
|---|
| 8360 | | - | Public Act No. 24-81 224 of 351 |
|---|
| 8361 | | - | |
|---|
| 8362 | | - | located at the school and at each of its branches in this state. |
|---|
| 8363 | | - | (b) The [executive director] commissioner may deny a certificate of |
|---|
| 8364 | | - | authorization if the person who owns or intends to operate a private |
|---|
| 8365 | | - | career school has been convicted in this state, or any other state, of |
|---|
| 8366 | | - | larceny in violation of section 53a-122 or 53a-123; identity theft in |
|---|
| 8367 | | - | violation of section 53a-129b or 53a-129c; forgery in violation of section |
|---|
| 8368 | | - | 53a-138 or 53a-139; or has a criminal record in this state, or any other |
|---|
| 8369 | | - | state, that the [executive director] commissioner reasonably believes |
|---|
| 8370 | | - | renders the person unsuitable to own and operate a private career |
|---|
| 8371 | | - | school. A refusal of a certificate of authorization under this subsection |
|---|
| 8372 | | - | shall be made in accordance with the provisions of sections 46a-79 to |
|---|
| 8373 | | - | 46a-81, inclusive. |
|---|
| 8374 | | - | (c) No certificate to operate a private career school shall be issued by |
|---|
| 8375 | | - | the [executive director] commissioner pursuant to section 10a-22d until |
|---|
| 8376 | | - | such private career school seeking authorization files with the |
|---|
| 8377 | | - | [executive director] commissioner certificates indicating that the |
|---|
| 8378 | | - | buildings and premises for such school meet all applicable state and |
|---|
| 8379 | | - | local fire and zoning requirements. Such certificates shall be attested to |
|---|
| 8380 | | - | by the fire marshal and zoning enforcement officer within the |
|---|
| 8381 | | - | municipality in which such school is located. |
|---|
| 8382 | | - | (d) No certificate to operate a new private career school shall be |
|---|
| 8383 | | - | issued by the [executive director] commissioner pursuant to section 10a- |
|---|
| 8384 | | - | 22d until such private career school seeking authorization files with the |
|---|
| 8385 | | - | [executive director] commissioner an irrevocable letter of credit issued |
|---|
| 8386 | | - | by a bank with its main office or branch located within this state in the |
|---|
| 8387 | | - | penal amount of forty thousand dollars guaranteeing the payments |
|---|
| 8388 | | - | required of the school to the private career school student protection |
|---|
| 8389 | | - | account in accordance with the provisions of section 10a-22u, except |
|---|
| 8390 | | - | that, any letter of credit issued on and after the effective date of the |
|---|
| 8391 | | - | regulations adopted pursuant to section 10a-22k, shall be in a penal |
|---|
| 8392 | | - | amount specified in such regulations. The letter of credit shall be House Bill No. 5523 |
|---|
| 8393 | | - | |
|---|
| 8394 | | - | Public Act No. 24-81 225 of 351 |
|---|
| 8395 | | - | |
|---|
| 8396 | | - | payable to the private career school student protection account in the |
|---|
| 8397 | | - | event that such school fails to make payments to the account as |
|---|
| 8398 | | - | provided in subsection (a) of section 10a-22u or in the event the state |
|---|
| 8399 | | - | takes action to reimburse the account for a tuition refund paid to a |
|---|
| 8400 | | - | student pursuant to the provisions of section 10a-22v, provided the |
|---|
| 8401 | | - | amount of the letter of credit to be paid into the private career school |
|---|
| 8402 | | - | student protection account shall not exceed the amounts owed to the |
|---|
| 8403 | | - | account. In the event a private career school fails to close in accordance |
|---|
| 8404 | | - | with the provisions of section 10a-22m, the [executive director] |
|---|
| 8405 | | - | commissioner may seize the letter of credit, which shall be made |
|---|
| 8406 | | - | payable to the private career school protection account. |
|---|
| 8407 | | - | (e) The [executive director] commissioner shall notify the applicant |
|---|
| 8408 | | - | private career school, by certified mail, return receipt requested of the |
|---|
| 8409 | | - | decision to grant or deny a certificate of authorization not later than |
|---|
| 8410 | | - | sixty days after receiving the written report of the evaluation team |
|---|
| 8411 | | - | appointed pursuant to subsection (e) of section 10a-22b. |
|---|
| 8412 | | - | Sec. 140. Section 10a-22d of the general statutes is repealed and the |
|---|
| 8413 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8414 | | - | (a) After the initial year of approval and for the next three years of |
|---|
| 8415 | | - | operation as a private career school, renewal of the certificate of |
|---|
| 8416 | | - | authorization shall be required annually. |
|---|
| 8417 | | - | (b) Following the fourth year of continuous authorization, a renewal |
|---|
| 8418 | | - | of the certificate of authorization, if granted, shall be for a period not to |
|---|
| 8419 | | - | exceed five years and may be subject to an evaluation pursuant to |
|---|
| 8420 | | - | subsection (e) of section 10a-22b, provided no private career school shall |
|---|
| 8421 | | - | operate for more than five additional years from the date of any renewal |
|---|
| 8422 | | - | without the completion of an evaluation pursuant to subsection (e) of |
|---|
| 8423 | | - | section 10a-22b. |
|---|
| 8424 | | - | (c) Renewal of the certificate of authorization shall be granted only House Bill No. 5523 |
|---|
| 8425 | | - | |
|---|
| 8426 | | - | Public Act No. 24-81 226 of 351 |
|---|
| 8427 | | - | |
|---|
| 8428 | | - | upon (1) payment of a nonrefundable renewal fee to the Office of Higher |
|---|
| 8429 | | - | Education in the amount of two hundred dollars for the private career |
|---|
| 8430 | | - | school and two hundred dollars for each branch of a private career |
|---|
| 8431 | | - | school, except that, any renewal fees paid on and after the effective date |
|---|
| 8432 | | - | of the regulations adopted pursuant to section 10a-22k, shall be in the |
|---|
| 8433 | | - | amount specified in such regulations, (2) submission of any reports or |
|---|
| 8434 | | - | audits, as prescribed by the [executive director] commissioner or the |
|---|
| 8435 | | - | [executive director's] commissioner's designee, concerning the fiscal |
|---|
| 8436 | | - | condition of the private career school or its continuing eligibility to |
|---|
| 8437 | | - | participate in federal student financial aid programs, (3) the filing with |
|---|
| 8438 | | - | the [executive director] commissioner of a complete application for a |
|---|
| 8439 | | - | renewed certificate of authorization not less than one hundred twenty |
|---|
| 8440 | | - | days prior to the termination date of the most recent certificate of |
|---|
| 8441 | | - | authorization, and (4) a determination that the private career school |
|---|
| 8442 | | - | meets all the conditions of its recent authorization, including, but not |
|---|
| 8443 | | - | limited to, at the discretion of the [executive director] commissioner, |
|---|
| 8444 | | - | evidence that such school is current on its financial obligations and has |
|---|
| 8445 | | - | adequate financial resources to serve its current students, and the filing |
|---|
| 8446 | | - | of documentation with the [executive director] commissioner that the |
|---|
| 8447 | | - | private career school has a passing financial ratio score as required by |
|---|
| 8448 | | - | 34 CFR 668, as amended from time to time. |
|---|
| 8449 | | - | (d) If the [executive director] commissioner, or the [executive |
|---|
| 8450 | | - | director's] commissioner's designee, determines, at any time during a |
|---|
| 8451 | | - | school's authorization period, that such school is out of compliance with |
|---|
| 8452 | | - | the conditions of authorization under sections 10a-22a to 10a-22o, |
|---|
| 8453 | | - | inclusive, and any applicable regulations of Connecticut state agencies, |
|---|
| 8454 | | - | the school may be placed on probation for a period not to exceed one |
|---|
| 8455 | | - | year. If, after the period of one year of probationary status, the school |
|---|
| 8456 | | - | remains out of compliance with the conditions of authorization, the |
|---|
| 8457 | | - | [executive director] commissioner may revoke such school's certificate |
|---|
| 8458 | | - | of authorization to operate as a private career school pursuant to section |
|---|
| 8459 | | - | 10a-22f. During the school's period of probation, the school shall post its House Bill No. 5523 |
|---|
| 8460 | | - | |
|---|
| 8461 | | - | Public Act No. 24-81 227 of 351 |
|---|
| 8462 | | - | |
|---|
| 8463 | | - | probationary certificate of authorization in public view. The Office of |
|---|
| 8464 | | - | Higher Education may publish the school's probationary certificate of |
|---|
| 8465 | | - | authorization status. |
|---|
| 8466 | | - | (e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, |
|---|
| 8467 | | - | inclusive, the [executive director] commissioner may authorize the |
|---|
| 8468 | | - | extension of the most recent certificate of authorization for a period not |
|---|
| 8469 | | - | to exceed sixty days for good cause shown, provided such extension |
|---|
| 8470 | | - | shall not change the date of the original certificate's issuance or the date |
|---|
| 8471 | | - | for each renewal. |
|---|
| 8472 | | - | (f) After the first year of authorization, each private career school |
|---|
| 8473 | | - | shall pay a nonrefundable annual fee to the private career school student |
|---|
| 8474 | | - | protection account in the amount of two hundred dollars for the private |
|---|
| 8475 | | - | career school and two hundred dollars for each branch of a private |
|---|
| 8476 | | - | career school, except that, any annual fee paid on and after the effective |
|---|
| 8477 | | - | date of the regulations adopted pursuant to section 10a-22k, shall be in |
|---|
| 8478 | | - | the amount specified in such regulations. The annual fee shall be due |
|---|
| 8479 | | - | and payable for each year after the first year of authorization that the |
|---|
| 8480 | | - | private career school and any branch of a private career school is |
|---|
| 8481 | | - | authorized by the [executive director] commissioner to offer career |
|---|
| 8482 | | - | instruction. Such annual fee shall be in addition to any renewal fee |
|---|
| 8483 | | - | assessed under this section. |
|---|
| 8484 | | - | (g) Each private career school shall keep financial records in |
|---|
| 8485 | | - | conformity with generally accepted accounting principles. An annual |
|---|
| 8486 | | - | financial statement detailing the financial status of the school shall be |
|---|
| 8487 | | - | prepared by school management and reviewed or audited, or, for a |
|---|
| 8488 | | - | nonaccredited school annually receiving less than fifty thousand dollars |
|---|
| 8489 | | - | in tuition revenue, compiled, by a licensed certified public accountant |
|---|
| 8490 | | - | or licensed public accountant in accordance with standards established |
|---|
| 8491 | | - | by the American Institute of Certified Public Accountants. A copy of |
|---|
| 8492 | | - | such financial statement shall be filed with the [executive director] |
|---|
| 8493 | | - | commissioner on or before the last day of the fourth month following House Bill No. 5523 |
|---|
| 8494 | | - | |
|---|
| 8495 | | - | Public Act No. 24-81 228 of 351 |
|---|
| 8496 | | - | |
|---|
| 8497 | | - | the end of the school's fiscal year, except in the case of a nationally |
|---|
| 8498 | | - | accredited school recognized by the United States Department of |
|---|
| 8499 | | - | Education, in which case such financial statement shall be due on or |
|---|
| 8500 | | - | before the last day of the sixth month following the end of the school's |
|---|
| 8501 | | - | fiscal year. Only audited financial statements shall be accepted from a |
|---|
| 8502 | | - | nationally accredited school. Upon a nonaccredited school's written |
|---|
| 8503 | | - | request, the [executive director] commissioner may authorize, for good |
|---|
| 8504 | | - | cause shown, a filing extension for a period not to exceed sixty days. No |
|---|
| 8505 | | - | filing extensions shall be granted to a nationally accredited school. |
|---|
| 8506 | | - | (h) The failure of any private career school to submit an application |
|---|
| 8507 | | - | to the Office of Higher Education for the renewal of a certificate of |
|---|
| 8508 | | - | authorization on or before the date on which it is due may result in the |
|---|
| 8509 | | - | loss of authorization under section 10a-22f. The [executive director] |
|---|
| 8510 | | - | commissioner of said office may deny the renewal of such certificate of |
|---|
| 8511 | | - | authorization if there exists a failure to file such renewal application by |
|---|
| 8512 | | - | the date on which it is due, or the end of any period of extension |
|---|
| 8513 | | - | authorized pursuant to subsection (e) of this section. |
|---|
| 8514 | | - | Sec. 141. Section 10a-22e of the general statutes is repealed and the |
|---|
| 8515 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8516 | | - | (a) During any period of authorization by the [executive director] |
|---|
| 8517 | | - | commissioner to operate as a private career school pursuant to sections |
|---|
| 8518 | | - | 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, |
|---|
| 8519 | | - | such private career school may request revision of the conditions of its |
|---|
| 8520 | | - | authorization. Such school shall make such request to the [executive |
|---|
| 8521 | | - | director] commissioner, in the manner and on such forms prescribed by |
|---|
| 8522 | | - | the [executive director] commissioner sixty days prior to the proposed |
|---|
| 8523 | | - | implementation date of any intended revision. Such revision shall |
|---|
| 8524 | | - | include, but not be limited to, changes in (1) courses or programs; (2) |
|---|
| 8525 | | - | ownership of the school; (3) name of the school; (4) location of the |
|---|
| 8526 | | - | school's main campus; or (5) location of any of the school's additional |
|---|
| 8527 | | - | classroom sites or branch campuses. A private career school requesting House Bill No. 5523 |
|---|
| 8528 | | - | |
|---|
| 8529 | | - | Public Act No. 24-81 229 of 351 |
|---|
| 8530 | | - | |
|---|
| 8531 | | - | revision of the conditions of its authorization based on a change in |
|---|
| 8532 | | - | ownership of the school shall submit an application and letter of credit |
|---|
| 8533 | | - | pursuant to sections 10a-22b and 10a-22c, accompanied by a |
|---|
| 8534 | | - | nonrefundable change of ownership fee made payable to the private |
|---|
| 8535 | | - | career school student protection account under section 10a-22u in the |
|---|
| 8536 | | - | amount of two thousand dollars for the private career school and two |
|---|
| 8537 | | - | hundred dollars for each branch of a private career school in this state, |
|---|
| 8538 | | - | except that, any ownership fee paid on and after the effective date of the |
|---|
| 8539 | | - | regulations adopted pursuant to section 10a-22k, shall be in the amount |
|---|
| 8540 | | - | specified in such regulations. |
|---|
| 8541 | | - | (b) The [executive director] commissioner, or the [executive |
|---|
| 8542 | | - | director's] commissioner's designee, may, not later than thirty days after |
|---|
| 8543 | | - | receipt of a request to revise the conditions of authorization, issue an |
|---|
| 8544 | | - | order prohibiting any such change if it would constitute a material or |
|---|
| 8545 | | - | substantial deviation from the conditions of authorization. |
|---|
| 8546 | | - | (c) If the [executive director] commissioner, or the [executive |
|---|
| 8547 | | - | director's] commissioner's designee, fails to take action upon a request |
|---|
| 8548 | | - | for revision by the thirtieth day following the proposed implementation |
|---|
| 8549 | | - | date of the intended revision, such request shall be deemed approved, |
|---|
| 8550 | | - | and the private career school's certificate of authorization shall be so |
|---|
| 8551 | | - | revised for the same period as its current authorization. |
|---|
| 8552 | | - | Sec. 142. Section 10a-22f of the general statutes is repealed and the |
|---|
| 8553 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8554 | | - | (a) A certificate of authorization issued to a private career school |
|---|
| 8555 | | - | pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u |
|---|
| 8556 | | - | to 10a-22w, inclusive, may be revoked by the [executive director] |
|---|
| 8557 | | - | commissioner if such school (1) ceases to meet the conditions of its |
|---|
| 8558 | | - | authorization; (2) commits a material or substantial violation of sections |
|---|
| 8559 | | - | 10a-22a to 10a-22o, inclusive, or sections 10a-22u to 10a-22w, inclusive, |
|---|
| 8560 | | - | or the regulations prescribed thereunder; (3) makes a false statement House Bill No. 5523 |
|---|
| 8561 | | - | |
|---|
| 8562 | | - | Public Act No. 24-81 230 of 351 |
|---|
| 8563 | | - | |
|---|
| 8564 | | - | about a material fact in application for authorization or renewal; (4) fails |
|---|
| 8565 | | - | to make a required payment to the private career school student |
|---|
| 8566 | | - | protection account pursuant to section 10a-22u; or (5) fails to submit a |
|---|
| 8567 | | - | complete application for a renewal of a certificate of authorization |
|---|
| 8568 | | - | pursuant to section 10a-22d. |
|---|
| 8569 | | - | (b) The [executive director] commissioner, or the [executive |
|---|
| 8570 | | - | director's] commissioner's designee, shall serve written notice, by |
|---|
| 8571 | | - | certified mail, return receipt requested upon a private career school |
|---|
| 8572 | | - | indicating that revocation of the school's authorization is under |
|---|
| 8573 | | - | consideration and the [executive director] commissioner shall set forth |
|---|
| 8574 | | - | the reasons such revocation is being considered. Not later than forty- |
|---|
| 8575 | | - | five days after mailing such written notice, the [executive director] |
|---|
| 8576 | | - | commissioner, or the [executive director's] commissioner's designee, |
|---|
| 8577 | | - | shall hold a compliance conference with the private career school. |
|---|
| 8578 | | - | (c) If, after the compliance conference, the [executive director] |
|---|
| 8579 | | - | commissioner determines that revocation of the certificate of |
|---|
| 8580 | | - | authorization is appropriate, the [executive director] commissioner shall |
|---|
| 8581 | | - | issue an order and serve written notice by certified mail, return receipt |
|---|
| 8582 | | - | requested upon the private career school, which notice shall include, but |
|---|
| 8583 | | - | not be limited to, the date of the revocation. |
|---|
| 8584 | | - | (d) A private career school aggrieved by the order of the [executive |
|---|
| 8585 | | - | director] commissioner revoking its certificate of authorization |
|---|
| 8586 | | - | pursuant to subsection (c) of this section shall, not later than fifteen days |
|---|
| 8587 | | - | after such order is mailed, request in writing a hearing before the |
|---|
| 8588 | | - | [executive director] commissioner. Such hearing shall be held in |
|---|
| 8589 | | - | accordance with the provisions of chapter 54. |
|---|
| 8590 | | - | Sec. 143. Section 10a-22g of the general statutes is repealed and the |
|---|
| 8591 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8592 | | - | (a) A private career school which is authorized by the [executive House Bill No. 5523 |
|---|
| 8593 | | - | |
|---|
| 8594 | | - | Public Act No. 24-81 231 of 351 |
|---|
| 8595 | | - | |
|---|
| 8596 | | - | director] commissioner pursuant to sections 10a-22a to 10a-22o, |
|---|
| 8597 | | - | inclusive, and sections 10a-22u to 10a-22w, inclusive, may request |
|---|
| 8598 | | - | authorization to establish and operate additional classroom sites or |
|---|
| 8599 | | - | branch schools, or to offer existing or new programs through a distance |
|---|
| 8600 | | - | learning program, as defined in section 10a-22h, for the purpose of |
|---|
| 8601 | | - | offering the occupational instruction authorized by the [executive |
|---|
| 8602 | | - | director] commissioner, provided the additional classroom site or |
|---|
| 8603 | | - | branch school complies with the provisions of subsection (b) of this |
|---|
| 8604 | | - | section. Such school shall make such request for authorization to operate |
|---|
| 8605 | | - | an additional classroom site or branch school or to offer existing or new |
|---|
| 8606 | | - | programs through a distance learning program, in the manner and on |
|---|
| 8607 | | - | such forms as prescribed by the [executive director] commissioner, at |
|---|
| 8608 | | - | least sixty days prior to the proposed establishment of such additional |
|---|
| 8609 | | - | classroom site or branch school or such distance learning program. |
|---|
| 8610 | | - | (b) The buildings and premises for such additional classroom site or |
|---|
| 8611 | | - | branch school shall meet all applicable state and local fire and zoning |
|---|
| 8612 | | - | requirements, and certificates attesting the same signed by the local fire |
|---|
| 8613 | | - | marshal and zoning enforcement officer shall be filed with the |
|---|
| 8614 | | - | [executive director] commissioner prior to offering such occupational |
|---|
| 8615 | | - | instruction. The additional classroom site or branch school shall be in |
|---|
| 8616 | | - | compliance with the relevant requirements set forth in subsection (g) of |
|---|
| 8617 | | - | section 10a-22b, or on and after the effective date of the regulations |
|---|
| 8618 | | - | adopted pursuant to section 10a-22k, the requirements set forth in such |
|---|
| 8619 | | - | regulations. |
|---|
| 8620 | | - | (c) The [executive director] commissioner, or the [executive |
|---|
| 8621 | | - | director's] commissioner's designee, not later than thirty days after the |
|---|
| 8622 | | - | proposed date for establishment of a branch school, may issue an order |
|---|
| 8623 | | - | prohibiting any such establishment of a branch school if it would |
|---|
| 8624 | | - | constitute a material or substantial deviation from the conditions of |
|---|
| 8625 | | - | authorization or if the private career school fails to meet the |
|---|
| 8626 | | - | requirements set forth in subsection (b) of this section. House Bill No. 5523 |
|---|
| 8627 | | - | |
|---|
| 8628 | | - | Public Act No. 24-81 232 of 351 |
|---|
| 8629 | | - | |
|---|
| 8630 | | - | (d) If the [executive director] commissioner, or the [executive |
|---|
| 8631 | | - | director's] commissioner's designee, fails to take action upon the request |
|---|
| 8632 | | - | for revision by the thirtieth day after the proposed date for |
|---|
| 8633 | | - | establishment of such additional classroom site or branch school or such |
|---|
| 8634 | | - | distance learning program, such request shall be deemed approved. |
|---|
| 8635 | | - | Sec. 144. Section 10a-22i of the general statutes is repealed and the |
|---|
| 8636 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8637 | | - | (a) The [executive director] commissioner may assess any person, |
|---|
| 8638 | | - | board, partnership, association, corporation, limited liability company |
|---|
| 8639 | | - | or other entity which violates any provision of sections 10a-22a to 10a- |
|---|
| 8640 | | - | 22p, inclusive, sections 10a-22u to 10a-22w, inclusive, or regulations |
|---|
| 8641 | | - | adopted pursuant to section 10a-22k, an administrative penalty in an |
|---|
| 8642 | | - | amount not to exceed five hundred dollars for each day of such |
|---|
| 8643 | | - | violation, except that, any administrative penalty assessed on and after |
|---|
| 8644 | | - | the effective date of the regulations adopted pursuant to section 10a- |
|---|
| 8645 | | - | 22k, shall be in the amount specified in such regulations. |
|---|
| 8646 | | - | (b) The [executive director] commissioner shall serve written notice |
|---|
| 8647 | | - | upon a private career school when the assessment of such an |
|---|
| 8648 | | - | administrative penalty is under consideration. The notice shall set forth |
|---|
| 8649 | | - | the reasons for the assessment of the penalty. Not later than forty-five |
|---|
| 8650 | | - | days after mailing such notice to the private career school, the [executive |
|---|
| 8651 | | - | director] commissioner, or the [executive director's] commissioner's |
|---|
| 8652 | | - | designee, shall hold a compliance conference with the private career |
|---|
| 8653 | | - | school. |
|---|
| 8654 | | - | (c) If, after the compliance conference, the [executive director] |
|---|
| 8655 | | - | commissioner determines that imposition of an administrative penalty |
|---|
| 8656 | | - | is appropriate, the [executive director] commissioner shall issue an |
|---|
| 8657 | | - | order and serve written notice by certified mail, return receipt requested |
|---|
| 8658 | | - | upon the private career school. House Bill No. 5523 |
|---|
| 8659 | | - | |
|---|
| 8660 | | - | Public Act No. 24-81 233 of 351 |
|---|
| 8661 | | - | |
|---|
| 8662 | | - | (d) A private career school aggrieved by the order of the [executive |
|---|
| 8663 | | - | director] commissioner imposing an administrative penalty pursuant to |
|---|
| 8664 | | - | subsection (c) of this section shall, not later than fifteen days after such |
|---|
| 8665 | | - | order is mailed, request in writing a hearing before the [executive |
|---|
| 8666 | | - | director] commissioner. Such hearing shall be held in accordance with |
|---|
| 8667 | | - | the provisions of chapter 54. |
|---|
| 8668 | | - | Sec. 145. Section 10a-22j of the general statutes is repealed and the |
|---|
| 8669 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8670 | | - | The [executive director] commissioner, through the Attorney |
|---|
| 8671 | | - | General, may seek an order from the Superior Court to prevent any |
|---|
| 8672 | | - | violation of sections 10a-22a to 10a-22p, inclusive, or sections 10a-22u to |
|---|
| 8673 | | - | 10a-22w, inclusive. |
|---|
| 8674 | | - | Sec. 146. Subsection (b) of section 10a-22l of the general statutes is |
|---|
| 8675 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 8676 | | - | passage): |
|---|
| 8677 | | - | (b) The [executive director] commissioner, or the [executive |
|---|
| 8678 | | - | director's] commissioner's designee, may conduct an investigation and, |
|---|
| 8679 | | - | through the Attorney General, maintain an action in the name of the |
|---|
| 8680 | | - | state against any person to restrain or prevent the establishment or |
|---|
| 8681 | | - | operation of an institution that does not have a certificate of |
|---|
| 8682 | | - | authorization. |
|---|
| 8683 | | - | Sec. 147. Section 10a-22m of the general statutes is repealed and the |
|---|
| 8684 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8685 | | - | (a) A private career school shall notify the [executive director] |
|---|
| 8686 | | - | commissioner, in writing, at least sixty days prior to closure of such |
|---|
| 8687 | | - | school. The private career school shall provide evidence prior to closing |
|---|
| 8688 | | - | that: (1) All course work is or will be completed by current students at |
|---|
| 8689 | | - | the school; (2) there are no refunds due any students; (3) all student |
|---|
| 8690 | | - | records will be maintained as prescribed in section 10a-22n; (4) final House Bill No. 5523 |
|---|
| 8691 | | - | |
|---|
| 8692 | | - | Public Act No. 24-81 234 of 351 |
|---|
| 8693 | | - | |
|---|
| 8694 | | - | payment has been made to the private career school student protection |
|---|
| 8695 | | - | account; (5) a designation of service form has been filed with the |
|---|
| 8696 | | - | [executive director] commissioner; and (6) the certificate of |
|---|
| 8697 | | - | authorization has been returned to the [executive director] |
|---|
| 8698 | | - | commissioner. |
|---|
| 8699 | | - | (b) Any private career school that fails to meet the requirements |
|---|
| 8700 | | - | outlined in subsection (a) of this section shall be fined not more than five |
|---|
| 8701 | | - | hundred dollars per day for each day of noncompliance, except that, any |
|---|
| 8702 | | - | fine assessed on and after the effective date of the regulations adopted |
|---|
| 8703 | | - | pursuant to section 10a-22k, shall be in the amount specified in such |
|---|
| 8704 | | - | regulations, and pursuant to subdivision (6) of subsection (a) of section |
|---|
| 8705 | | - | 10a-22c, shall be ineligible to be issued a certificate of authorization |
|---|
| 8706 | | - | upon application to operate a private career school. Funds collected |
|---|
| 8707 | | - | pursuant to this subsection shall be placed in the private career student |
|---|
| 8708 | | - | protection account established pursuant to section 10a-22u. |
|---|
| 8709 | | - | (c) If the [executive director] commissioner revokes a private career |
|---|
| 8710 | | - | school's certificate of authorization, such school shall comply with the |
|---|
| 8711 | | - | requirements of subsection (a) of this section. Failure to comply shall |
|---|
| 8712 | | - | result in further penalties at the discretion of the [executive director] |
|---|
| 8713 | | - | commissioner. |
|---|
| 8714 | | - | (d) In the event a private career school fails to meet the requirements |
|---|
| 8715 | | - | set forth in subsection (a) of this section and closes prior to graduating |
|---|
| 8716 | | - | all current students, the [executive director] commissioner may seize the |
|---|
| 8717 | | - | letter of credit filed by the private career school pursuant to subsection |
|---|
| 8718 | | - | (d) of section 10a-22c, and such letter of credit shall be made payable to |
|---|
| 8719 | | - | the private career school student protection account. The [executive |
|---|
| 8720 | | - | director] commissioner may expend funds from the private career |
|---|
| 8721 | | - | school student protection account up to the amount necessary to |
|---|
| 8722 | | - | facilitate a teach-out of any remaining students up to and including the |
|---|
| 8723 | | - | issuance of a certificate of completion pursuant to subsection (e) of this |
|---|
| 8724 | | - | section. For purposes of this subsection and subsection (e) of this House Bill No. 5523 |
|---|
| 8725 | | - | |
|---|
| 8726 | | - | Public Act No. 24-81 235 of 351 |
|---|
| 8727 | | - | |
|---|
| 8728 | | - | section, (1) "teach-out" means the completion of instruction of a course |
|---|
| 8729 | | - | or program of study in which a student was enrolled, provided the |
|---|
| 8730 | | - | teach-out includes instruction of the entire program of study when a |
|---|
| 8731 | | - | course is a part of such program of study, and (2) "certificate of |
|---|
| 8732 | | - | completion" means the credential, documented in writing, that is issued |
|---|
| 8733 | | - | to a student who completes a course or program of study offered by a |
|---|
| 8734 | | - | private career school. |
|---|
| 8735 | | - | (e) In the event of a private career school closure that fails to meet the |
|---|
| 8736 | | - | requirements set forth in subsection (a) of this section, the [executive |
|---|
| 8737 | | - | director] commissioner may issue a certificate of completion to each |
|---|
| 8738 | | - | student that, in the [executive director's] commissioner's determination, |
|---|
| 8739 | | - | has successfully completed the student's course or program of study in |
|---|
| 8740 | | - | which the student was enrolled at the private career school. |
|---|
| 8741 | | - | Sec. 148. Section 10a-22n of the general statutes is repealed and the |
|---|
| 8742 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8743 | | - | (a) A private career school shall maintain, preserve and protect, in a |
|---|
| 8744 | | - | manner approved by the [executive director] commissioner, or the |
|---|
| 8745 | | - | [executive director's] commissioner's designee, all school records |
|---|
| 8746 | | - | including, but not limited to: (1) Student or academic transcripts, |
|---|
| 8747 | | - | including, in a separate file, a duplicate copy of the academic transcript |
|---|
| 8748 | | - | of each student who graduated from such school, and a duplicate copy |
|---|
| 8749 | | - | of the academic transcript of each student enrolled at such school that |
|---|
| 8750 | | - | contains the student's name, address, program of study, length of such |
|---|
| 8751 | | - | program of study, grade point average and courses completed; (2) |
|---|
| 8752 | | - | attendance records or other indicators of student progress; (3) copies of |
|---|
| 8753 | | - | individual enrollment agreements or contracts; (4) evidence of tuition |
|---|
| 8754 | | - | payments; and (5) any other documentation as prescribed by the |
|---|
| 8755 | | - | [executive director] commissioner. |
|---|
| 8756 | | - | (b) The [executive director] commissioner, or the [executive |
|---|
| 8757 | | - | director's] commissioner's designee, may at any time during regular House Bill No. 5523 |
|---|
| 8758 | | - | |
|---|
| 8759 | | - | Public Act No. 24-81 236 of 351 |
|---|
| 8760 | | - | |
|---|
| 8761 | | - | business or school hours, with or without notice, visit a private career |
|---|
| 8762 | | - | school. During such visitation, the [executive director] commissioner, or |
|---|
| 8763 | | - | the [executive director's] commissioner's designee, may request an |
|---|
| 8764 | | - | officer or director of the school to produce, and shall be provided with |
|---|
| 8765 | | - | immediate access to, such records or information as are required to |
|---|
| 8766 | | - | verify that the school continues to meet the conditions of authorization. |
|---|
| 8767 | | - | If the [executive director] commissioner determines that such private |
|---|
| 8768 | | - | career school has not maintained, preserved or protected school records |
|---|
| 8769 | | - | in accordance with this section, the [executive director] commissioner |
|---|
| 8770 | | - | may assess an administrative penalty on such private career school |
|---|
| 8771 | | - | pursuant to section 10a-22i. |
|---|
| 8772 | | - | (c) If a school ceases to operate as a private career school, it shall (1) |
|---|
| 8773 | | - | immediately transmit all student or academic transcripts, described in |
|---|
| 8774 | | - | subdivision (1) of subsection (a) of this section, to the [executive |
|---|
| 8775 | | - | director] commissioner, and (2) keep the [executive director] |
|---|
| 8776 | | - | commissioner advised in writing as to the location and availability of all |
|---|
| 8777 | | - | other student records or shall file all such other student records with the |
|---|
| 8778 | | - | [executive director] commissioner. |
|---|
| 8779 | | - | (d) The [executive director] commissioner shall maintain all records, |
|---|
| 8780 | | - | files and other documents associated with private career schools in a |
|---|
| 8781 | | - | manner consistent with the mission and responsibilities of the Office of |
|---|
| 8782 | | - | Higher Education. |
|---|
| 8783 | | - | Sec. 149. Section 10a-22o of the general statutes is repealed and the |
|---|
| 8784 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8785 | | - | (a) The [executive director] commissioner, through the Attorney |
|---|
| 8786 | | - | General, may petition the superior court for the judicial district of |
|---|
| 8787 | | - | Hartford for the enforcement of any order issued by the [executive |
|---|
| 8788 | | - | director] commissioner, and for other appropriate relief. The court may |
|---|
| 8789 | | - | issue such orders as are appropriate to aid in enforcement. House Bill No. 5523 |
|---|
| 8790 | | - | |
|---|
| 8791 | | - | Public Act No. 24-81 237 of 351 |
|---|
| 8792 | | - | |
|---|
| 8793 | | - | (b) The [executive director] commissioner, or the [executive |
|---|
| 8794 | | - | director's] commissioner's designee, may conduct any necessary review, |
|---|
| 8795 | | - | inspection or investigation regarding applications for certificates of |
|---|
| 8796 | | - | authorization or possible violations of sections 10a-22a to 10a-22p, |
|---|
| 8797 | | - | inclusive, or any applicable regulations of Connecticut state agencies. In |
|---|
| 8798 | | - | connection with any investigation, the [executive director] |
|---|
| 8799 | | - | commissioner or the [executive director's] commissioner's designee, |
|---|
| 8800 | | - | may administer oaths, issue subpoenas, compel testimony and order the |
|---|
| 8801 | | - | production of any record or document. If any person refuses to appear, |
|---|
| 8802 | | - | testify or produce any record or document when so ordered, the |
|---|
| 8803 | | - | [executive director] commissioner may seek relief pursuant to |
|---|
| 8804 | | - | subsection (a) of this section. |
|---|
| 8805 | | - | Sec. 150. Section 10a-22p of the general statutes is repealed and the |
|---|
| 8806 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8807 | | - | (a) On and after January 1, 2020, any private career school, as defined |
|---|
| 8808 | | - | in section 10a-22a, that requires any student, as a condition of |
|---|
| 8809 | | - | enrollment, to enter into an agreement that (1) limits participation in a |
|---|
| 8810 | | - | class action against such school, (2) limits any claim the student may |
|---|
| 8811 | | - | have against such school or the damages for such claim, or (3) requires |
|---|
| 8812 | | - | the student to assert any claim against such school in a forum that is less |
|---|
| 8813 | | - | convenient, more costly or more dilatory for the resolution of a dispute |
|---|
| 8814 | | - | than a judicial forum established in the state where the student may |
|---|
| 8815 | | - | otherwise properly bring a claim, shall include in its application to the |
|---|
| 8816 | | - | Office of Higher Education for initial or renewed certificate of |
|---|
| 8817 | | - | authorization pursuant to sections 10a-22b and 10a-22d, a statement (A) |
|---|
| 8818 | | - | disclosing the number of claims made against the school, including |
|---|
| 8819 | | - | claims made against a parent organization or subsidiary of the school, |
|---|
| 8820 | | - | by a student currently or formerly enrolled at the school, (B) describing |
|---|
| 8821 | | - | the nature of the rights asserted, and (C) updating the status of such |
|---|
| 8822 | | - | claims. The school shall submit additional details regarding such claims |
|---|
| 8823 | | - | as the [executive director of the Office] Commissioner of Higher House Bill No. 5523 |
|---|
| 8824 | | - | |
|---|
| 8825 | | - | Public Act No. 24-81 238 of 351 |
|---|
| 8826 | | - | |
|---|
| 8827 | | - | Education may require. |
|---|
| 8828 | | - | (b) The [executive director of the Office] Commissioner of Higher |
|---|
| 8829 | | - | Education may deny the application for initial or renewed certificate of |
|---|
| 8830 | | - | authorization of a private career school or consider a private career |
|---|
| 8831 | | - | school ineligible to receive any public funds, including, but not limited |
|---|
| 8832 | | - | to, federal funds administered by the office pursuant to section 10a-45 if |
|---|
| 8833 | | - | (1) such school fails to include the statement required under subsection |
|---|
| 8834 | | - | (a) of this section in its application, or (2) upon review of such statement, |
|---|
| 8835 | | - | the [executive director] commissioner determines that the public policy |
|---|
| 8836 | | - | of protecting the interests of students in the state requires such denial. |
|---|
| 8837 | | - | (c) The [executive director of the Office] Commissioner of Higher |
|---|
| 8838 | | - | Education shall have the authority granted under sections 10a-22i, 10a- |
|---|
| 8839 | | - | 22j and 10a-22o to investigate and enforce the provisions of subsections |
|---|
| 8840 | | - | (a) and (b) of this section. |
|---|
| 8841 | | - | Sec. 151. Section 10a-22r of the general statutes is repealed and the |
|---|
| 8842 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8843 | | - | Upon the availability of funds to award financial aid grants from the |
|---|
| 8844 | | - | private career school student benefit account, there shall be established |
|---|
| 8845 | | - | an advisory committee to the [executive director] commissioner |
|---|
| 8846 | | - | consisting of seven members appointed by the [executive director] |
|---|
| 8847 | | - | commissioner, including a representative of the private career schools, |
|---|
| 8848 | | - | a representative from the Office of Higher Education and five members |
|---|
| 8849 | | - | chosen from business or industry, state legislators, private career school |
|---|
| 8850 | | - | alumni and the general public. Three of the members first appointed to |
|---|
| 8851 | | - | the committee shall be appointed for a term of three years and four of |
|---|
| 8852 | | - | the members first appointed shall be appointed for a term of two years. |
|---|
| 8853 | | - | Thereafter, all members shall be appointed for a term of two years. The |
|---|
| 8854 | | - | [executive director] commissioner shall administer the private career |
|---|
| 8855 | | - | school student benefit account, established pursuant to section 10a-22u, |
|---|
| 8856 | | - | with the advice of the advisory committee in accordance with the House Bill No. 5523 |
|---|
| 8857 | | - | |
|---|
| 8858 | | - | Public Act No. 24-81 239 of 351 |
|---|
| 8859 | | - | |
|---|
| 8860 | | - | provisions of this section and sections 10a-22s and 10a-22t and may |
|---|
| 8861 | | - | assess the account for all direct expenses incurred in the implementation |
|---|
| 8862 | | - | of this section. The account shall be used to award financial aid grants |
|---|
| 8863 | | - | for the benefit of private career school students. The grants shall be paid |
|---|
| 8864 | | - | to the private career school designated by the grant recipient to be |
|---|
| 8865 | | - | applied against the tuition expenses of such recipient. If the balance of |
|---|
| 8866 | | - | the student protection account is five per cent or less of the annual net |
|---|
| 8867 | | - | tuition income of the schools which make payments to the account |
|---|
| 8868 | | - | pursuant to section 10a-22u, any unallocated funds in the student |
|---|
| 8869 | | - | benefit account shall be transferred to the private career school student |
|---|
| 8870 | | - | protection account. |
|---|
| 8871 | | - | Sec. 152. Section 10a-22s of the general statutes is repealed and the |
|---|
| 8872 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8873 | | - | The [executive director] commissioner, with the advice of the |
|---|
| 8874 | | - | advisory committee, shall establish the criteria for awarding financial |
|---|
| 8875 | | - | aid grants. Applications for grants shall be submitted on such forms and |
|---|
| 8876 | | - | in such manner as the [executive director] commissioner, with the |
|---|
| 8877 | | - | advice of the advisory committee, shall prescribe. The [executive |
|---|
| 8878 | | - | director] commissioner shall establish policies, with the advice of the |
|---|
| 8879 | | - | advisory committee, for the return of any portion of a financial aid grant, |
|---|
| 8880 | | - | representing tuition of a student, which would otherwise be refundable. |
|---|
| 8881 | | - | Sec. 153. Section 10a-22u of the general statutes is repealed and the |
|---|
| 8882 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8883 | | - | (a) There shall be an account to be known as the private career school |
|---|
| 8884 | | - | student protection account within the General Fund. Each private career |
|---|
| 8885 | | - | school authorized in accordance with the provisions of sections 10a-22a |
|---|
| 8886 | | - | to 10a-22o, inclusive, shall pay to the State Treasurer an amount equal |
|---|
| 8887 | | - | to four-tenths of one per cent of the tuition received by such school per |
|---|
| 8888 | | - | calendar quarter exclusive of any refunds paid, except that distance |
|---|
| 8889 | | - | learning and correspondence schools authorized in accordance with the House Bill No. 5523 |
|---|
| 8890 | | - | |
|---|
| 8891 | | - | Public Act No. 24-81 240 of 351 |
|---|
| 8892 | | - | |
|---|
| 8893 | | - | provisions of section 10a-22h, shall contribute to said account only for |
|---|
| 8894 | | - | Connecticut residents enrolled in such schools. Payments shall be made |
|---|
| 8895 | | - | by January thirtieth, April thirtieth, July thirtieth and October thirtieth |
|---|
| 8896 | | - | in each year for tuition received during the three months next preceding |
|---|
| 8897 | | - | the month of payment. In addition to amounts received based on tuition, |
|---|
| 8898 | | - | the account shall also contain any amount required to be deposited into |
|---|
| 8899 | | - | the account pursuant to sections 10a-22a to 10a-22o, inclusive. Said |
|---|
| 8900 | | - | account shall be used for the purposes of section 10a-22v. Any interest, |
|---|
| 8901 | | - | income and dividends derived from the investment of the account shall |
|---|
| 8902 | | - | be credited to the account. All direct expenses for the maintenance of |
|---|
| 8903 | | - | the account may be charged to the account upon the order of the State |
|---|
| 8904 | | - | Comptroller. The [executive director] commissioner may assess the |
|---|
| 8905 | | - | account for all direct expenses incurred in the implementation of the |
|---|
| 8906 | | - | purposes of this section which are in excess of the normal expenditures |
|---|
| 8907 | | - | of the Office of Higher Education. |
|---|
| 8908 | | - | (b) Payments required pursuant to subsection (a) of this section shall |
|---|
| 8909 | | - | be a condition of doing business in the state and failure to make any |
|---|
| 8910 | | - | such payment within thirty days following the date on which it is due |
|---|
| 8911 | | - | shall result in the loss of authorization under section 10a-22f. Such |
|---|
| 8912 | | - | authorization shall not be issued or renewed if there exists a failure to |
|---|
| 8913 | | - | make any such payment in excess of thirty days following the date on |
|---|
| 8914 | | - | which it is due. |
|---|
| 8915 | | - | (c) If an audit conducted by the Office of Higher Education |
|---|
| 8916 | | - | determines that a school has paid into the private career school student |
|---|
| 8917 | | - | protection account an amount less than was required, the school shall |
|---|
| 8918 | | - | pay such amount plus a penalty of ten per cent of the amount required |
|---|
| 8919 | | - | to the State Treasurer within thirty days of receipt of notice from the |
|---|
| 8920 | | - | [executive director] commissioner or the [executive director's] |
|---|
| 8921 | | - | commissioner's designee of the amount of the underpayment and |
|---|
| 8922 | | - | penalty. |
|---|
| 8923 | | - | (d) If an audit conducted by the Office of Higher Education House Bill No. 5523 |
|---|
| 8924 | | - | |
|---|
| 8925 | | - | Public Act No. 24-81 241 of 351 |
|---|
| 8926 | | - | |
|---|
| 8927 | | - | determines that a school has paid into the private career school student |
|---|
| 8928 | | - | protection account an amount more than was required, subsequent |
|---|
| 8929 | | - | payment or payments by the school shall be appropriately credited until |
|---|
| 8930 | | - | such credited payment or payments equal the amount of the |
|---|
| 8931 | | - | overpayment. |
|---|
| 8932 | | - | Sec. 154. Section 10a-22v of the general statutes is repealed and the |
|---|
| 8933 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 8934 | | - | Any student enrolled in a private career school authorized in |
|---|
| 8935 | | - | accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, |
|---|
| 8936 | | - | who is unable to complete an approved course or unit of instruction at |
|---|
| 8937 | | - | such school because of the insolvency or cessation of operation of the |
|---|
| 8938 | | - | school and who has paid tuition for such course or unit of instruction, |
|---|
| 8939 | | - | may, not later than two years after the date on which such school |
|---|
| 8940 | | - | became insolvent or ceased operations, make application to the |
|---|
| 8941 | | - | [executive director] commissioner for a refund of tuition from the |
|---|
| 8942 | | - | account established pursuant to section 10a-22u to the extent that such |
|---|
| 8943 | | - | account exists or has reached the level necessary to pay outstanding |
|---|
| 8944 | | - | approved claims, except that in the case of distance learning and |
|---|
| 8945 | | - | correspondence schools authorized in accordance with the provisions of |
|---|
| 8946 | | - | section 10a-22h, only Connecticut residents enrolled in such schools |
|---|
| 8947 | | - | may be eligible for such refund. Upon such application, the [executive |
|---|
| 8948 | | - | director] commissioner shall determine whether the applicant is unable |
|---|
| 8949 | | - | to complete a course or unit of instruction because of the insolvency or |
|---|
| 8950 | | - | cessation of operation of the school to which tuition has been paid. The |
|---|
| 8951 | | - | [executive director] commissioner may summon by subpoena any |
|---|
| 8952 | | - | person, records or documents pertinent to the making of a |
|---|
| 8953 | | - | determination regarding insolvency or cessation of operation. For the |
|---|
| 8954 | | - | purpose of making any tuition refund pursuant to this section, a school |
|---|
| 8955 | | - | shall be deemed to have ceased operation whenever it has failed to |
|---|
| 8956 | | - | complete a course or unit of instruction for which the student has paid |
|---|
| 8957 | | - | a tuition fee and, as a result, the school's authorization has been revoked House Bill No. 5523 |
|---|
| 8958 | | - | |
|---|
| 8959 | | - | Public Act No. 24-81 242 of 351 |
|---|
| 8960 | | - | |
|---|
| 8961 | | - | pursuant to section 10a-22f. If the [executive director] commissioner |
|---|
| 8962 | | - | finds that the applicant is entitled to a refund of tuition because of the |
|---|
| 8963 | | - | insolvency or cessation of operation of the school, the [executive |
|---|
| 8964 | | - | director] commissioner shall determine the amount of an appropriate |
|---|
| 8965 | | - | refund which shall be equal to the tuition paid for the uncompleted |
|---|
| 8966 | | - | course or unit of instruction. Thereafter the [executive director] |
|---|
| 8967 | | - | commissioner shall direct the State Treasurer to pay, per order of the |
|---|
| 8968 | | - | Comptroller, the refund to the applicant or persons, agencies or |
|---|
| 8969 | | - | organizations indicated by the applicant who have paid tuition on the |
|---|
| 8970 | | - | student's behalf. If the student is a minor, payment shall be made to the |
|---|
| 8971 | | - | student's parent, parents or legal guardian. In no event shall a refund be |
|---|
| 8972 | | - | made from the student protection account for any financial aid provided |
|---|
| 8973 | | - | to or on behalf of any student in accordance with the provisions of Title |
|---|
| 8974 | | - | IV, Part B of the Higher Education Act of 1965, as amended from time |
|---|
| 8975 | | - | to time. Each recipient of a tuition refund made in accordance with the |
|---|
| 8976 | | - | provisions of this section shall assign all rights to the state of any action |
|---|
| 8977 | | - | against the school or its owner or owners for tuition amounts |
|---|
| 8978 | | - | reimbursed pursuant to this section. Upon such assignment, the state |
|---|
| 8979 | | - | may take appropriate action against the school or its owner or owners |
|---|
| 8980 | | - | in order to reimburse the student protection account for any expenses |
|---|
| 8981 | | - | or claims that are paid from the account and to reimburse the state for |
|---|
| 8982 | | - | the reasonable and necessary expenses in undertaking such action. Any |
|---|
| 8983 | | - | student who falsifies information on an application for tuition |
|---|
| 8984 | | - | reimbursement shall lose his or her right to any refund from the account. |
|---|
| 8985 | | - | Sec. 155. Subsections (e) and (f) of section 10a-34 of the 2024 |
|---|
| 8986 | | - | supplement to the general statutes are repealed and the following is |
|---|
| 8987 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 8988 | | - | (e) If the [executive director of the Office] Commissioner of Higher |
|---|
| 8989 | | - | Education, or the [executive director's] commissioner's designee, |
|---|
| 8990 | | - | determines that further review of an application is needed due at least |
|---|
| 8991 | | - | in part to the applicant offering instruction in a new program of higher House Bill No. 5523 |
|---|
| 8992 | | - | |
|---|
| 8993 | | - | Public Act No. 24-81 243 of 351 |
|---|
| 8994 | | - | |
|---|
| 8995 | | - | learning or new degree level or the financial condition of the institution |
|---|
| 8996 | | - | of higher education is determined to be at risk of imminent closure as a |
|---|
| 8997 | | - | result of a financial screening conducted pursuant to the provisions of |
|---|
| 8998 | | - | section 10a-34h, then the [executive director] commissioner or the |
|---|
| 8999 | | - | [executive director's] commissioner's designee shall conduct a focused |
|---|
| 9000 | | - | or on-site review. Such applicant shall have an opportunity to state any |
|---|
| 9001 | | - | objection regarding any individual selected to review an application on |
|---|
| 9002 | | - | behalf of the [executive director] commissioner. For purposes of this |
|---|
| 9003 | | - | subsection and subsection (f) of this section, "focused review" means a |
|---|
| 9004 | | - | review by an out-of-state curriculum expert; and "on-site review" means |
|---|
| 9005 | | - | a full team evaluation by the office at the institution of higher education. |
|---|
| 9006 | | - | (f) The [executive director of the Office] Commissioner of Higher |
|---|
| 9007 | | - | Education, or the [executive director's] commissioner's designee, may |
|---|
| 9008 | | - | require (1) a focused or on-site review of any program application in a |
|---|
| 9009 | | - | field requiring a license to practice in Connecticut, and (2) evidence that |
|---|
| 9010 | | - | a program application in a field requiring a license to practice in |
|---|
| 9011 | | - | Connecticut meets the state or federal licensing requirements for such |
|---|
| 9012 | | - | license. |
|---|
| 9013 | | - | Sec. 156. Section 10a-34a of the general statutes is repealed and the |
|---|
| 9014 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9015 | | - | (a) The [executive director of the Office] Commissioner of Higher |
|---|
| 9016 | | - | Education may assess any person, school, board, association or |
|---|
| 9017 | | - | corporation which violates any provision of section 10a-34, 10a-34g |
|---|
| 9018 | | - | or10a-35 an administrative penalty in an amount not to exceed five |
|---|
| 9019 | | - | hundred dollars for each day of such violation. |
|---|
| 9020 | | - | (b) (1) The [executive director of the Office] Commissioner of Higher |
|---|
| 9021 | | - | Education shall serve written notice upon the person, school, board, |
|---|
| 9022 | | - | association or corporation when the assessment of such an |
|---|
| 9023 | | - | administrative penalty is under consideration. The notice shall set forth |
|---|
| 9024 | | - | the reasons for the assessment of the penalty. House Bill No. 5523 |
|---|
| 9025 | | - | |
|---|
| 9026 | | - | Public Act No. 24-81 244 of 351 |
|---|
| 9027 | | - | |
|---|
| 9028 | | - | (2) Not later than forty-five days after the [executive director] |
|---|
| 9029 | | - | commissioner or the [executive director's] commissioner's designee |
|---|
| 9030 | | - | mails notice pursuant to subdivision (1) of this subsection to such |
|---|
| 9031 | | - | person, school, board, association or corporation, the [executive |
|---|
| 9032 | | - | director] commissioner or the [executive director's] commissioner's |
|---|
| 9033 | | - | designee shall hold a compliance conference with such person, school, |
|---|
| 9034 | | - | board, association or corporation. |
|---|
| 9035 | | - | (c) If, after the compliance conference pursuant to subsection (b) of |
|---|
| 9036 | | - | this section, the [executive director] commissioner determines that |
|---|
| 9037 | | - | imposition of the administrative penalty is appropriate, the [executive |
|---|
| 9038 | | - | director] commissioner shall issue an order and serve written notice by |
|---|
| 9039 | | - | certified mail, return receipt requested upon the person, school, board, |
|---|
| 9040 | | - | association or corporation. |
|---|
| 9041 | | - | (d) The person, school, board, association or corporation aggrieved |
|---|
| 9042 | | - | by the order of the [executive director] commissioner imposing an |
|---|
| 9043 | | - | administrative penalty pursuant to subsection (c) of this section shall, |
|---|
| 9044 | | - | not later than fifteen days after such order is mailed, request, in writing, |
|---|
| 9045 | | - | a hearing before the Office of Higher Education. Such hearing shall be |
|---|
| 9046 | | - | held in accordance with the provisions of chapter 54. |
|---|
| 9047 | | - | Sec. 157. Section 10a-34b of the general statutes is repealed and the |
|---|
| 9048 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9049 | | - | The [executive director] Commissioner of Higher Education, through |
|---|
| 9050 | | - | the Attorney General, may seek an order from the Superior Court to |
|---|
| 9051 | | - | prevent any violation of sections 10a-34, 10a-34g and 10a-35 through the |
|---|
| 9052 | | - | use of an injunction in accordance with the provisions of chapter 916. |
|---|
| 9053 | | - | Sec. 158. Section 10a-34c of the general statutes is repealed and the |
|---|
| 9054 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9055 | | - | The [executive director of the Office] Commissioner of Higher |
|---|
| 9056 | | - | Education may conduct an investigation and, through the Attorney House Bill No. 5523 |
|---|
| 9057 | | - | |
|---|
| 9058 | | - | Public Act No. 24-81 245 of 351 |
|---|
| 9059 | | - | |
|---|
| 9060 | | - | General, maintain an action in the name of the state against any person, |
|---|
| 9061 | | - | school, board, association or corporation to restrain or prevent the |
|---|
| 9062 | | - | establishment or operation of an institution that is not authorized to |
|---|
| 9063 | | - | award degrees by the Office of Higher Education pursuant to the |
|---|
| 9064 | | - | provisions of section 10a-34. |
|---|
| 9065 | | - | Sec. 159. Section 10a-34d of the general statutes is repealed and the |
|---|
| 9066 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9067 | | - | The Office of Higher Education, through the Attorney General, may |
|---|
| 9068 | | - | petition the superior court for the judicial district of Hartford for the |
|---|
| 9069 | | - | enforcement of any order issued by the office or the [executive director] |
|---|
| 9070 | | - | Commissioner of Higher Education, and for other appropriate relief. |
|---|
| 9071 | | - | The court may issue such orders as are appropriate to aid in |
|---|
| 9072 | | - | enforcement. |
|---|
| 9073 | | - | Sec. 160. Subsections (a) and (b) of section 10a-34e of the general |
|---|
| 9074 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 9075 | | - | (Effective from passage): |
|---|
| 9076 | | - | (a) The Office of Higher Education may conduct any necessary |
|---|
| 9077 | | - | review, inspection or investigation regarding applications for |
|---|
| 9078 | | - | authorization or possible violations of this section, sections 10a-34 to |
|---|
| 9079 | | - | 10a-34d, inclusive, section 10a-34g or any applicable regulations of |
|---|
| 9080 | | - | Connecticut state agencies. In connection with any investigation, the |
|---|
| 9081 | | - | [executive director] Commissioner of Higher Education or the |
|---|
| 9082 | | - | [executive director's] commissioner's designee, may administer oaths, |
|---|
| 9083 | | - | issue subpoenas, compel testimony and order the production of any |
|---|
| 9084 | | - | record or document. If any person refuses to appear, testify or produce |
|---|
| 9085 | | - | any record or document when so ordered, the [executive director] |
|---|
| 9086 | | - | commissioner may seek relief pursuant to section 10a-34d. |
|---|
| 9087 | | - | (b) If the [executive director of the Office] Commissioner of Higher |
|---|
| 9088 | | - | Education determines that an institution of higher education that is not House Bill No. 5523 |
|---|
| 9089 | | - | |
|---|
| 9090 | | - | Public Act No. 24-81 246 of 351 |
|---|
| 9091 | | - | |
|---|
| 9092 | | - | regionally accredited is exhibiting financial and administrative |
|---|
| 9093 | | - | indicators that such institution is in danger of closing, the [executive |
|---|
| 9094 | | - | director] commissioner may require such institution to facilitate a teach- |
|---|
| 9095 | | - | out, as defined in section 10a-22m, provided the [executive director] |
|---|
| 9096 | | - | commissioner and such institution previously discussed a teach-out that |
|---|
| 9097 | | - | ensures that current students of such institution are able to complete |
|---|
| 9098 | | - | their programs without significant impact. |
|---|
| 9099 | | - | Sec. 161. Section 10a-34g of the general statutes is repealed and the |
|---|
| 9100 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9101 | | - | (a) On and after January 1, 2020, any for-profit institution of higher |
|---|
| 9102 | | - | education licensed to operate in the state that requires any student, as a |
|---|
| 9103 | | - | condition of enrollment, to enter into an agreement that (1) limits |
|---|
| 9104 | | - | participation in a class action against such institution, (2) limits any |
|---|
| 9105 | | - | claim the student may have against such institution or the damages for |
|---|
| 9106 | | - | such claim, or (3) requires the student to assert any claim against such |
|---|
| 9107 | | - | institution in a forum that is less convenient, more costly or more |
|---|
| 9108 | | - | dilatory for the resolution of a dispute than a judicial forum established |
|---|
| 9109 | | - | in the state where the student may otherwise properly bring a claim, |
|---|
| 9110 | | - | shall include in its application to the Office of Higher Education for |
|---|
| 9111 | | - | authorization pursuant to section 10a-34, a statement (A) disclosing the |
|---|
| 9112 | | - | number of claims made against the institution, including claims made |
|---|
| 9113 | | - | against a parent organization or subsidiary of the institution, by a |
|---|
| 9114 | | - | student currently or formerly enrolled at the institution, (B) a |
|---|
| 9115 | | - | description of the nature of the rights asserted, and (C) the status of such |
|---|
| 9116 | | - | claims. The institution shall submit additional details regarding such |
|---|
| 9117 | | - | claims as the [executive director of the Office] Commissioner of Higher |
|---|
| 9118 | | - | Education may require. |
|---|
| 9119 | | - | (b) The [executive director of the Office] Commissioner of Higher |
|---|
| 9120 | | - | Education may deny the application for initial or renewed license or |
|---|
| 9121 | | - | accreditation of a for-profit institution of higher education or consider a |
|---|
| 9122 | | - | for-profit institution of higher education ineligible to receive any public House Bill No. 5523 |
|---|
| 9123 | | - | |
|---|
| 9124 | | - | Public Act No. 24-81 247 of 351 |
|---|
| 9125 | | - | |
|---|
| 9126 | | - | funds, including, but not limited to, federal funds administered by the |
|---|
| 9127 | | - | office pursuant to section 10a-45 if (1) such institution fails to include |
|---|
| 9128 | | - | the statement required under subsection (a) of this section in its |
|---|
| 9129 | | - | application, or (2) upon review of such statement, the [executive |
|---|
| 9130 | | - | director] commissioner determines that the public policy of protecting |
|---|
| 9131 | | - | the interests of students in the state requires such denial. |
|---|
| 9132 | | - | Notwithstanding the provisions of subsection (i) of section 10a-34, the |
|---|
| 9133 | | - | [executive director] commissioner may deny the accreditation of an |
|---|
| 9134 | | - | institution of higher education, for the purposes of this subsection, by |
|---|
| 9135 | | - | refusing to accept or withdrawing any previous acceptance of regional |
|---|
| 9136 | | - | accreditation made under subsection (i) of said section. |
|---|
| 9137 | | - | (c) The [executive director of the Office] Commissioner of Higher |
|---|
| 9138 | | - | Education shall have the authority granted under sections 10a-34a, 10a- |
|---|
| 9139 | | - | 34b and 10a-34e to investigate and enforce the provisions of subsections |
|---|
| 9140 | | - | (a) and (b) of this section. |
|---|
| 9141 | | - | Sec. 162. Subsections (b) to (d), inclusive, of section 10a-34h of the |
|---|
| 9142 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 9143 | | - | thereof (Effective from passage): |
|---|
| 9144 | | - | (b) The Office of Higher Education shall enter into a memorandum of |
|---|
| 9145 | | - | understanding with one or more accrediting agencies to conduct an |
|---|
| 9146 | | - | annual financial screening of each independent institution of higher |
|---|
| 9147 | | - | education in the state. If an independent institution of higher education |
|---|
| 9148 | | - | does not complete an annual financial screening with an accrediting |
|---|
| 9149 | | - | agency, such financial screening shall be conducted by the office in the |
|---|
| 9150 | | - | form and manner prescribed by the [executive director] commissioner |
|---|
| 9151 | | - | of said office. The office may determine that an independent institution |
|---|
| 9152 | | - | of higher education is at risk of imminent closure through (1) a financial |
|---|
| 9153 | | - | screening conducted by the office, or (2) acceptance by the office of such |
|---|
| 9154 | | - | determination made by an accrediting agency. Upon determining that |
|---|
| 9155 | | - | an independent institution of higher education is at risk of imminent |
|---|
| 9156 | | - | closure, the office shall submit a summary of the reasons for such House Bill No. 5523 |
|---|
| 9157 | | - | |
|---|
| 9158 | | - | Public Act No. 24-81 248 of 351 |
|---|
| 9159 | | - | |
|---|
| 9160 | | - | determination to such institution. |
|---|
| 9161 | | - | (c) Upon receiving a summary from the Office of Higher Education |
|---|
| 9162 | | - | that an independent institution of higher education has been |
|---|
| 9163 | | - | determined to be at risk of imminent closure, such institution shall |
|---|
| 9164 | | - | submit to the office, in the form and manner prescribed by the [executive |
|---|
| 9165 | | - | director] commissioner of said office, (1) notice of any known financial |
|---|
| 9166 | | - | liability or risk, (2) any information necessary to accurately determine |
|---|
| 9167 | | - | and monitor the institution's financial status and risk of imminent |
|---|
| 9168 | | - | closure, and (3) an updated closure plan approved by the governing |
|---|
| 9169 | | - | board of such institution pursuant to subsection (c) of section 10a-34e. |
|---|
| 9170 | | - | (d) If any independent institution of higher education in the state fails |
|---|
| 9171 | | - | to comply with the requirements of this section, the [executive director |
|---|
| 9172 | | - | of the Office] Commissioner of Higher Education may request the |
|---|
| 9173 | | - | suspension of any state funding designated for such institution, |
|---|
| 9174 | | - | establish a date to suspend or revoke such institution's degree-granting |
|---|
| 9175 | | - | authority or impose such other penalties the [executive director] |
|---|
| 9176 | | - | commissioner deems appropriate. |
|---|
| 9177 | | - | Sec. 163. Subsections (b) to (d), inclusive, of section 10a-35b of the |
|---|
| 9178 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 9179 | | - | thereof (Effective from passage): |
|---|
| 9180 | | - | (b) Not later than January 1, 2023, the [executive director of the Office] |
|---|
| 9181 | | - | Commissioner of Higher Education, in consultation with the advisory |
|---|
| 9182 | | - | council established pursuant to subsection (c) of this section, shall create |
|---|
| 9183 | | - | a database of credentials offered in the state for the purpose of |
|---|
| 9184 | | - | explaining the skills and competencies earned through a credential in |
|---|
| 9185 | | - | uniform terms and plain language. In creating the database, the |
|---|
| 9186 | | - | [executive director] commissioner shall utilize the minimum data policy |
|---|
| 9187 | | - | of the New England Board of Higher Education's High Value |
|---|
| 9188 | | - | Credentials for New England initiative, the uniform terms and |
|---|
| 9189 | | - | descriptions of Credentials Engine's Credential Transparency House Bill No. 5523 |
|---|
| 9190 | | - | |
|---|
| 9191 | | - | Public Act No. 24-81 249 of 351 |
|---|
| 9192 | | - | |
|---|
| 9193 | | - | Description Language and the uniform standards for comparing and |
|---|
| 9194 | | - | linking credentials in Credential Engine's Credential Transparency |
|---|
| 9195 | | - | Description Language-Achievement Standards Network. At a |
|---|
| 9196 | | - | minimum, the database shall include the following information for each |
|---|
| 9197 | | - | credential: (1) Credential status type, (2) the entity that owns or offers |
|---|
| 9198 | | - | the credential, (3) the type of credential being offered, (4) a short |
|---|
| 9199 | | - | description of the credential, (5) the name of the credential, (6) the |
|---|
| 9200 | | - | Internet web site that provides information relating to the credential, (7) |
|---|
| 9201 | | - | the language in which the credential is offered, (8) the estimated |
|---|
| 9202 | | - | duration for completion, (9) the industry related to the credential which |
|---|
| 9203 | | - | may include its code under the North American Industry Classification |
|---|
| 9204 | | - | System, (10) the occupation related to the credential which may include |
|---|
| 9205 | | - | its code under the standard occupational classification system of the |
|---|
| 9206 | | - | Bureau of Labor Statistics of the United States Department of Labor or |
|---|
| 9207 | | - | under The Occupational Information Network, (11) the estimated cost |
|---|
| 9208 | | - | for earning the credential, and (12) a listing of online or physical |
|---|
| 9209 | | - | locations where the credential is offered. |
|---|
| 9210 | | - | (c) There is established an advisory council for the purpose of |
|---|
| 9211 | | - | advising the [executive director of the Office] Commissioner of Higher |
|---|
| 9212 | | - | Education on the implementation of the database created pursuant to |
|---|
| 9213 | | - | subsection (b) of this section. The advisory council shall consist of (1) |
|---|
| 9214 | | - | representatives from the Office of Workforce Strategy, Office of Higher |
|---|
| 9215 | | - | Education, Office of Policy and Management, Labor Department, |
|---|
| 9216 | | - | Department of Education, Connecticut State Colleges and Universities, |
|---|
| 9217 | | - | The University of Connecticut and independent institutions of higher |
|---|
| 9218 | | - | education, and (2) the Chief Data Officer, or such officer's designee. The |
|---|
| 9219 | | - | Chief Workforce Officer, the Chief Data Officer and the [executive |
|---|
| 9220 | | - | director of the Office] Commissioner of Higher Education, or their |
|---|
| 9221 | | - | designees, shall be cochairpersons of the advisory council and shall |
|---|
| 9222 | | - | schedule the meetings of the advisory council. |
|---|
| 9223 | | - | (d) Not later than July 1, 2024, and annually thereafter, each regional House Bill No. 5523 |
|---|
| 9224 | | - | |
|---|
| 9225 | | - | Public Act No. 24-81 250 of 351 |
|---|
| 9226 | | - | |
|---|
| 9227 | | - | workforce development board, community action agency, as defined in |
|---|
| 9228 | | - | section 17b-885, institution of higher education, private career school, |
|---|
| 9229 | | - | provider of an alternate route to certification program approved by the |
|---|
| 9230 | | - | State Board of Education, and provider of a training program listed on |
|---|
| 9231 | | - | the Labor Department's Eligible Training Provider List shall submit |
|---|
| 9232 | | - | information, in the form and manner prescribed by the [executive |
|---|
| 9233 | | - | director of the Office] Commissioner of Higher Education, about any |
|---|
| 9234 | | - | credential offered by such institution, school or provider for inclusion |
|---|
| 9235 | | - | in the database created pursuant to subsection (b) of this section. Such |
|---|
| 9236 | | - | information shall include, but need not be limited to, the data described |
|---|
| 9237 | | - | in subdivisions (1) to (12), inclusive, of subsection (b) of this section, |
|---|
| 9238 | | - | except an institution of higher education may omit the data required |
|---|
| 9239 | | - | pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section |
|---|
| 9240 | | - | if such data is not applicable to a credential offered by such institution. |
|---|
| 9241 | | - | Sec. 164. Subsection (a) of section 10a-35c of the general statutes is |
|---|
| 9242 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 9243 | | - | passage): |
|---|
| 9244 | | - | (a) The Office of Workforce Strategy, established pursuant to section |
|---|
| 9245 | | - | 4-124w, shall, in consultation with the Chief Data Officer, the Board of |
|---|
| 9246 | | - | Trustees of The University of Connecticut, the Board of Regents for |
|---|
| 9247 | | - | Higher Education, the Labor Commissioner, the Commissioner of |
|---|
| 9248 | | - | Education, the [executive director of the Office] Commissioner of |
|---|
| 9249 | | - | Higher Education or any other stakeholder as identified by the Chief |
|---|
| 9250 | | - | Workforce Officer, establish standards for designating certain |
|---|
| 9251 | | - | credentials, as defined in section 10a-34h, as credentials of value. Such |
|---|
| 9252 | | - | standards may include, but need not be limited to, meeting the |
|---|
| 9253 | | - | workforce needs of employers in the state, completion rates, net cost, |
|---|
| 9254 | | - | whether the credential transfers to or stacks onto another credential of |
|---|
| 9255 | | - | value, average time to completion, types of employment opportunities |
|---|
| 9256 | | - | available upon completion and earnings upon completion. The Office of |
|---|
| 9257 | | - | Workforce Strategy shall not require the submission of an application or House Bill No. 5523 |
|---|
| 9258 | | - | |
|---|
| 9259 | | - | Public Act No. 24-81 251 of 351 |
|---|
| 9260 | | - | |
|---|
| 9261 | | - | any other information from a provider of a credential for such credential |
|---|
| 9262 | | - | to be designated a credential of value. |
|---|
| 9263 | | - | Sec. 165. Subsection (c) of section 10a-48 of the general statutes is |
|---|
| 9264 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 9265 | | - | passage): |
|---|
| 9266 | | - | (c) There is established a Connecticut Campus Compact for Student |
|---|
| 9267 | | - | Community Service to review opportunities and initiatives for, and |
|---|
| 9268 | | - | develop plans to encourage and support, student community service |
|---|
| 9269 | | - | programs at institutions of higher education in the state or which |
|---|
| 9270 | | - | involve cooperation and coordination among such institutions. The |
|---|
| 9271 | | - | compact shall be composed of the chief executive officer or president of |
|---|
| 9272 | | - | each public and independent institution of higher education in the state |
|---|
| 9273 | | - | and the [executive director of the Office] Commissioner of Higher |
|---|
| 9274 | | - | Education, or their designees. On or before October 1, 1989, and at least |
|---|
| 9275 | | - | annually thereafter, the [executive director of the Office] Commissioner |
|---|
| 9276 | | - | of Higher Education shall convene the members of the compact. |
|---|
| 9277 | | - | Sec. 166. Section 10a-48b of the general statutes is repealed and the |
|---|
| 9278 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9279 | | - | The Office of Higher Education may, within the limits of available |
|---|
| 9280 | | - | appropriations, provide grants on a competitive basis to public and |
|---|
| 9281 | | - | nonprofit service entities seeking to participate in the federal National |
|---|
| 9282 | | - | and Community Service Trust Program pursuant to 42 USC 12501 et |
|---|
| 9283 | | - | seq., in order to assist such service entities in meeting federal matching |
|---|
| 9284 | | - | fund requirements for service placements, provided no grant shall |
|---|
| 9285 | | - | exceed one-half of the federally unreimbursed cost to the service entity |
|---|
| 9286 | | - | for providing such placements. Applications for grants pursuant to this |
|---|
| 9287 | | - | section shall be made at such time and in such manner as the [executive |
|---|
| 9288 | | - | director of the Office] Commissioner of Higher Education prescribes. |
|---|
| 9289 | | - | Sec. 167. Section 10a-55y of the general statutes is repealed and the House Bill No. 5523 |
|---|
| 9290 | | - | |
|---|
| 9291 | | - | Public Act No. 24-81 252 of 351 |
|---|
| 9292 | | - | |
|---|
| 9293 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9294 | | - | The [executive director of the Office] Commissioner of Higher |
|---|
| 9295 | | - | Education and the Commissioner of Mental Health and Addiction |
|---|
| 9296 | | - | Services, in consultation with an epidemiologist or other specialist with |
|---|
| 9297 | | - | expertise in mental health issues at institutions of higher education, may |
|---|
| 9298 | | - | jointly offer training workshops for the campus mental health coalitions |
|---|
| 9299 | | - | established pursuant to section 10a-55x regarding best practices for the |
|---|
| 9300 | | - | assessment and provision of mental health services and programming |
|---|
| 9301 | | - | at institutions of higher education. |
|---|
| 9302 | | - | Sec. 168. Section 10a-57 of the general statutes is repealed and the |
|---|
| 9303 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9304 | | - | The [executive director of the Office] Commissioner of Higher |
|---|
| 9305 | | - | Education shall report on or before March 1, 2013, and annually |
|---|
| 9306 | | - | thereafter, in accordance with the provisions of section 11-4a, to the joint |
|---|
| 9307 | | - | standing committees of the General Assembly having cognizance of |
|---|
| 9308 | | - | matters relating to higher education and appropriations and the |
|---|
| 9309 | | - | budgets of state agencies on state, regional and national trends |
|---|
| 9310 | | - | regarding Connecticut higher education, including, but not limited to, |
|---|
| 9311 | | - | expenditures, funding, enrollment, faculty and staff positions, cost |
|---|
| 9312 | | - | sharing and student financial aid. The Office of Higher Education shall |
|---|
| 9313 | | - | collect such data and information as it deems necessary for the |
|---|
| 9314 | | - | development of such annual report. |
|---|
| 9315 | | - | Sec. 169. Subdivision (2) of subsection (a) of section 10a-77a of the |
|---|
| 9316 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 9317 | | - | thereof (Effective from passage): |
|---|
| 9318 | | - | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, |
|---|
| 9319 | | - | 2006, inclusive, as part of the state contract with donors of endowment |
|---|
| 9320 | | - | fund eligible gifts, the Office of Higher Education, in accordance with |
|---|
| 9321 | | - | section 10a-8b, shall deposit in the Endowment Fund for the House Bill No. 5523 |
|---|
| 9322 | | - | |
|---|
| 9323 | | - | Public Act No. 24-81 253 of 351 |
|---|
| 9324 | | - | |
|---|
| 9325 | | - | Community-Technical College System a grant in an amount equal to |
|---|
| 9326 | | - | half of the total amount of endowment fund eligible gifts received by or |
|---|
| 9327 | | - | for the benefit of the community-technical college system as a whole and |
|---|
| 9328 | | - | each regional community-technical college for the calendar year ending |
|---|
| 9329 | | - | the December thirty-first preceding the commencement of such fiscal |
|---|
| 9330 | | - | year, as certified by the chairperson of the board of trustees by February |
|---|
| 9331 | | - | fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) |
|---|
| 9332 | | - | the joint standing committee of the General Assembly having |
|---|
| 9333 | | - | cognizance of matters relating to appropriations and the budgets of state |
|---|
| 9334 | | - | agencies, and (iii) the [executive director of the Office] Commissioner of |
|---|
| 9335 | | - | Higher Education, provided such sums do not exceed the endowment |
|---|
| 9336 | | - | fund state grant maximum commitment for the fiscal year in which the |
|---|
| 9337 | | - | grant is made. |
|---|
| 9338 | | - | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, |
|---|
| 9339 | | - | inclusive, as part of the state contract with donors of endowment fund |
|---|
| 9340 | | - | eligible gifts, the Office of Higher Education, in accordance with section |
|---|
| 9341 | | - | 10a-8b, shall deposit in the Endowment Fund for the Community- |
|---|
| 9342 | | - | Technical College System a grant in an amount equal to one-quarter of |
|---|
| 9343 | | - | the total amount of endowment fund eligible gifts, except as provided |
|---|
| 9344 | | - | in this subdivision, received by or for the benefit of the community- |
|---|
| 9345 | | - | technical college system as a whole and each regional community- |
|---|
| 9346 | | - | technical college for the calendar year ending the December thirty-first |
|---|
| 9347 | | - | preceding the commencement of such fiscal year, as certified by the |
|---|
| 9348 | | - | chairperson of the board of trustees by February fifteenth to (i) the |
|---|
| 9349 | | - | Secretary of the Office of Policy and Management, (ii) the joint standing |
|---|
| 9350 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 9351 | | - | relating to appropriations and the budgets of state agencies, and (iii) the |
|---|
| 9352 | | - | [executive director of the Office] Commissioner of Higher Education, |
|---|
| 9353 | | - | provided such sums do not exceed the endowment fund state grant |
|---|
| 9354 | | - | maximum commitment for the fiscal year in which the grant is made. |
|---|
| 9355 | | - | Endowment fund eligible gifts that meet the criteria set forth in this |
|---|
| 9356 | | - | subdivision, made by donors during the period from January 1, 2005, to House Bill No. 5523 |
|---|
| 9357 | | - | |
|---|
| 9358 | | - | Public Act No. 24-81 254 of 351 |
|---|
| 9359 | | - | |
|---|
| 9360 | | - | June 30, 2005, shall continue to be matched by the Office of Higher |
|---|
| 9361 | | - | Education in an amount equal to one-half of the total amount of |
|---|
| 9362 | | - | endowment fund eligible gifts received. Commitments by donors to |
|---|
| 9363 | | - | make endowment fund eligible gifts for two or more years that meet the |
|---|
| 9364 | | - | criteria set forth in this subdivision and that are made for the period |
|---|
| 9365 | | - | prior to December 31, 2004, but ending before December 31, 2012, shall |
|---|
| 9366 | | - | continue to be matched by the Office of Higher Education in an amount |
|---|
| 9367 | | - | equal to one-half of the total amount of endowment fund eligible gifts |
|---|
| 9368 | | - | received through the commitment. |
|---|
| 9369 | | - | (C) In any such fiscal year in which the total of the eligible gifts |
|---|
| 9370 | | - | received by the community-technical colleges exceeds the endowment |
|---|
| 9371 | | - | fund state grant maximum commitment for such fiscal year the amount |
|---|
| 9372 | | - | in excess of such endowment fund state grant maximum commitment |
|---|
| 9373 | | - | shall be carried forward and be eligible for a matching state grant in any |
|---|
| 9374 | | - | succeeding fiscal year from the fiscal year ending June 30, 2000, to the |
|---|
| 9375 | | - | fiscal year ending June 30, 2014, inclusive, subject to the endowment |
|---|
| 9376 | | - | fund state grant maximum commitment. Any endowment fund eligible |
|---|
| 9377 | | - | gifts that are not included in the total amount of endowment fund |
|---|
| 9378 | | - | eligible gifts certified by the chairperson of the board of trustees |
|---|
| 9379 | | - | pursuant to this subdivision may be carried forward and be eligible for |
|---|
| 9380 | | - | a matching state grant in any succeeding fiscal year from the fiscal year |
|---|
| 9381 | | - | ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, |
|---|
| 9382 | | - | subject to the endowment fund state matching grant commitment for |
|---|
| 9383 | | - | such fiscal year. |
|---|
| 9384 | | - | Sec. 170. Subdivision (2) of subsection (a) of section 10a-99a of the |
|---|
| 9385 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 9386 | | - | thereof (Effective from passage): |
|---|
| 9387 | | - | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, |
|---|
| 9388 | | - | 2006, inclusive, as part of the state contract with donors of endowment |
|---|
| 9389 | | - | fund eligible gifts, the Office of Higher Education, in accordance with |
|---|
| 9390 | | - | section 10a-8b, shall deposit in the Endowment Fund for the House Bill No. 5523 |
|---|
| 9391 | | - | |
|---|
| 9392 | | - | Public Act No. 24-81 255 of 351 |
|---|
| 9393 | | - | |
|---|
| 9394 | | - | Connecticut State University System a grant in an amount equal to half |
|---|
| 9395 | | - | of the total amount of endowment fund eligible gifts received by or for |
|---|
| 9396 | | - | the benefit of the Connecticut State University System as a whole and |
|---|
| 9397 | | - | each state university for the calendar year ending the December thirty- |
|---|
| 9398 | | - | first preceding the commencement of such fiscal year, as certified by the |
|---|
| 9399 | | - | chairperson of the board of trustees by February fifteenth to (i) the |
|---|
| 9400 | | - | Secretary of the Office of Policy and Management, (ii) the joint standing |
|---|
| 9401 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 9402 | | - | relating to appropriations and the budgets of state agencies, and (iii) the |
|---|
| 9403 | | - | [executive director of the Office] Commissioner of Higher Education, |
|---|
| 9404 | | - | provided such sums do not exceed the endowment fund state grant |
|---|
| 9405 | | - | maximum commitment for the fiscal year in which the grant is made. |
|---|
| 9406 | | - | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, |
|---|
| 9407 | | - | inclusive, as part of the state contract with donors of endowment fund |
|---|
| 9408 | | - | eligible gifts, the Office of Higher Education, in accordance with section |
|---|
| 9409 | | - | 10a-8b, shall deposit in the Endowment Fund for the Connecticut State |
|---|
| 9410 | | - | University System a grant in an amount equal to one-quarter of the total |
|---|
| 9411 | | - | amount of endowment fund eligible gifts, except as provided for in this |
|---|
| 9412 | | - | subdivision, received by or for the benefit of the Connecticut State |
|---|
| 9413 | | - | University System as a whole and each state university for the calendar |
|---|
| 9414 | | - | year ending the December thirty-first preceding the commencement of |
|---|
| 9415 | | - | such fiscal year, as certified by the chairperson of the board of trustees |
|---|
| 9416 | | - | by February fifteenth to (i) the Secretary of the Office of Policy and |
|---|
| 9417 | | - | Management, (ii) the joint standing committee of the General Assembly |
|---|
| 9418 | | - | having cognizance of matters relating to appropriations and the budgets |
|---|
| 9419 | | - | of state agencies, and (iii) the [executive director of the Office] |
|---|
| 9420 | | - | Commissioner of Higher Education, provided such sums do not exceed |
|---|
| 9421 | | - | the endowment fund state grant maximum commitment for the fiscal |
|---|
| 9422 | | - | year in which the grant is made. Endowment fund eligible gifts that |
|---|
| 9423 | | - | meet the criteria set forth in this subdivision, made by donors during |
|---|
| 9424 | | - | the period from January 1, 2005, to June 30, 2005, shall continue to be |
|---|
| 9425 | | - | matched by the Office of Higher Education in an amount equal to one- House Bill No. 5523 |
|---|
| 9426 | | - | |
|---|
| 9427 | | - | Public Act No. 24-81 256 of 351 |
|---|
| 9428 | | - | |
|---|
| 9429 | | - | half of the total amount of endowment fund eligible gifts received. |
|---|
| 9430 | | - | Commitments by donors to make endowment fund eligible gifts for two |
|---|
| 9431 | | - | or more years that meet the criteria set forth in this subdivision and that |
|---|
| 9432 | | - | are made for the period prior to December 31, 2004, but ending before |
|---|
| 9433 | | - | December 31, 2012, shall continue to be matched by the Office of Higher |
|---|
| 9434 | | - | Education in an amount equal to one-half of the total amount of |
|---|
| 9435 | | - | endowment fund eligible gifts received. |
|---|
| 9436 | | - | (C) In any such fiscal year in which the total of the eligible gifts |
|---|
| 9437 | | - | received by the Connecticut State University System as a whole and |
|---|
| 9438 | | - | each state university exceed the endowment fund state grant maximum |
|---|
| 9439 | | - | commitment for such fiscal year the amount in excess of such |
|---|
| 9440 | | - | endowment fund state grant maximum commitment shall be carried |
|---|
| 9441 | | - | forward and be eligible for a matching state grant in any succeeding |
|---|
| 9442 | | - | fiscal year from the fiscal year ending June 30, 2000, to the fiscal year |
|---|
| 9443 | | - | ending June 30, 2014, inclusive, subject to the endowment fund state |
|---|
| 9444 | | - | grant maximum commitment. Any endowment fund eligible gifts that |
|---|
| 9445 | | - | are not included in the total amount of endowment fund eligible gifts |
|---|
| 9446 | | - | certified by the chairperson of the board of trustees pursuant to this |
|---|
| 9447 | | - | subdivision may be carried forward and be eligible for a matching state |
|---|
| 9448 | | - | grant in any succeeding fiscal year from the fiscal year ending June 30, |
|---|
| 9449 | | - | 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the |
|---|
| 9450 | | - | endowment fund state matching grant maximum commitment for such |
|---|
| 9451 | | - | fiscal year. |
|---|
| 9452 | | - | Sec. 171. Subsection (a) of section 10a-104 of the general statutes is |
|---|
| 9453 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 9454 | | - | passage): |
|---|
| 9455 | | - | (a) The Board of Trustees of The University of Connecticut shall: (1) |
|---|
| 9456 | | - | Make rules for the government of the university and shall determine the |
|---|
| 9457 | | - | general policies of the university, including those concerning the |
|---|
| 9458 | | - | admission of students and the establishment of schools, colleges, |
|---|
| 9459 | | - | divisions and departments, which policies shall be consistent with the House Bill No. 5523 |
|---|
| 9460 | | - | |
|---|
| 9461 | | - | Public Act No. 24-81 257 of 351 |
|---|
| 9462 | | - | |
|---|
| 9463 | | - | goals identified in section 10a-11c, and shall direct the expenditure of |
|---|
| 9464 | | - | the university's funds within the amounts available; (2) develop the |
|---|
| 9465 | | - | mission statement for The University of Connecticut, and all campuses |
|---|
| 9466 | | - | thereof, that shall be consistent with such goals and include, but not be |
|---|
| 9467 | | - | limited to, the following elements: (A) The educational needs of and |
|---|
| 9468 | | - | constituencies served by said university and campuses; (B) the degrees |
|---|
| 9469 | | - | offered by said university; and (C) the role and scope of each institution |
|---|
| 9470 | | - | and campus within the university system, which shall include each |
|---|
| 9471 | | - | institution's and campus' particular strengths and specialties; (3) |
|---|
| 9472 | | - | establish policies for the university system and for the individual |
|---|
| 9473 | | - | institutions and campuses under its jurisdiction; (4) review and approve |
|---|
| 9474 | | - | recommendations for the establishment of new academic programs; (5) |
|---|
| 9475 | | - | report all new programs and program changes to the Office of Higher |
|---|
| 9476 | | - | Education; (6) make recommendations, when appropriate, regarding |
|---|
| 9477 | | - | institutional or campus mergers or closures; (7) coordinate the programs |
|---|
| 9478 | | - | and services of the institutions and campuses under its jurisdiction; (8) |
|---|
| 9479 | | - | be authorized to enter into agreements, consistent with the provisions |
|---|
| 9480 | | - | of section 5-141d, to save harmless and indemnify sponsors of research |
|---|
| 9481 | | - | grants to The University of Connecticut, provided such an agreement is |
|---|
| 9482 | | - | required to receive the grant and limits liability to damages or injury |
|---|
| 9483 | | - | resulting from acts or omissions related to such research by employees |
|---|
| 9484 | | - | of the university; (9) promote fund-raising to assist the university and |
|---|
| 9485 | | - | report to the [executive director of the Office] Commissioner of Higher |
|---|
| 9486 | | - | Education and the joint standing committee of the General Assembly |
|---|
| 9487 | | - | having cognizance of matters relating to education by January 1, 1994, |
|---|
| 9488 | | - | and biennially thereafter, on such fund-raising; (10) charge the direct |
|---|
| 9489 | | - | costs for a building project under its jurisdiction to the bond fund |
|---|
| 9490 | | - | account for such project, provided (A) such costs are charged in |
|---|
| 9491 | | - | accordance with a procedure approved by the Treasurer and (B) nothing |
|---|
| 9492 | | - | in this subdivision shall permit the charging of working capital costs, as |
|---|
| 9493 | | - | defined in the applicable provisions of the Internal Revenue Code of |
|---|
| 9494 | | - | 1986, or any subsequent corresponding internal revenue code of the |
|---|
| 9495 | | - | United States, as from time to time amended, or costs originally paid House Bill No. 5523 |
|---|
| 9496 | | - | |
|---|
| 9497 | | - | Public Act No. 24-81 258 of 351 |
|---|
| 9498 | | - | |
|---|
| 9499 | | - | from sources other than the bond fund account; (11) exercise the powers |
|---|
| 9500 | | - | delegated to it pursuant to section 10a-109d; and (12) establish by |
|---|
| 9501 | | - | October 1, 1997, policies governing the acceptance of gifts made by a |
|---|
| 9502 | | - | foundation established pursuant to sections 4-37e and 4-37f to the |
|---|
| 9503 | | - | university or its employees for reimbursement of expenditures or |
|---|
| 9504 | | - | payment of expenditures on behalf of the university or its employees. |
|---|
| 9505 | | - | Sec. 172. Subdivision (2) of subsection (b) of section 10a-109i of the |
|---|
| 9506 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 9507 | | - | thereof (Effective from passage): |
|---|
| 9508 | | - | (2) (A) For each of the fiscal years ending June 30, 1999, to June 30, |
|---|
| 9509 | | - | 2006, inclusive, as part of the state contract with donors of endowment |
|---|
| 9510 | | - | fund eligible gifts, the Office of Higher Education, in accordance with |
|---|
| 9511 | | - | section 10a-8b, shall deposit in the endowment fund for the university a |
|---|
| 9512 | | - | grant in an amount equal to half of the total amount of endowment fund |
|---|
| 9513 | | - | eligible gifts, except as provided in this subparagraph, received by the |
|---|
| 9514 | | - | university or for the benefit of the university for the calendar year |
|---|
| 9515 | | - | ending the December thirty-first preceding the commencement of such |
|---|
| 9516 | | - | fiscal year, as certified by the chairperson of the board of trustees by |
|---|
| 9517 | | - | February fifteenth to (i) the Secretary of the Office of Policy and |
|---|
| 9518 | | - | Management, (ii) the joint standing committee of the General Assembly |
|---|
| 9519 | | - | having cognizance of matters relating to appropriations and the budgets |
|---|
| 9520 | | - | of state agencies, and (iii) the [executive director of the Office] |
|---|
| 9521 | | - | Commissioner of Higher Education, provided such sums do not exceed |
|---|
| 9522 | | - | the endowment fund state grant maximum commitment for the fiscal |
|---|
| 9523 | | - | year in which the grant is made. For the fiscal years ending June 30, 1999, |
|---|
| 9524 | | - | and June 30, 2000, the Office of Higher Education shall deposit in the |
|---|
| 9525 | | - | endowment fund for the university grants in total amounts which shall |
|---|
| 9526 | | - | not exceed the endowment fund state grant, as defined in subdivision |
|---|
| 9527 | | - | (7) of section 10a-109c of the general statutes, revision of 1958, revised |
|---|
| 9528 | | - | to January 1, 1997, and which shall be equal to the amounts certified by |
|---|
| 9529 | | - | the chairperson of the board of trustees for each such fiscal year of House Bill No. 5523 |
|---|
| 9530 | | - | |
|---|
| 9531 | | - | Public Act No. 24-81 259 of 351 |
|---|
| 9532 | | - | |
|---|
| 9533 | | - | endowment fund eligible gifts received by the university or for the |
|---|
| 9534 | | - | benefit of the university and for which written commitments were made |
|---|
| 9535 | | - | prior to July 1, 1997. For the fiscal year ending June 30, 1999, the funds |
|---|
| 9536 | | - | required to be deposited in the endowment fund pursuant to this |
|---|
| 9537 | | - | subparagraph shall be appropriated to the university for such purpose |
|---|
| 9538 | | - | and not appropriated to the fund established pursuant to section 10a- |
|---|
| 9539 | | - | 8b. |
|---|
| 9540 | | - | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, |
|---|
| 9541 | | - | inclusive, as part of the state contract with donors of endowment fund |
|---|
| 9542 | | - | eligible gifts, the Office of Higher Education, in accordance with section |
|---|
| 9543 | | - | 10a-8b, shall deposit in the endowment fund for the university a grant |
|---|
| 9544 | | - | in an amount equal to one-quarter of the total amount of endowment |
|---|
| 9545 | | - | fund eligible gifts, except as provided in this subdivision, received by |
|---|
| 9546 | | - | the university or for the benefit of the university for the calendar year |
|---|
| 9547 | | - | ending the December thirty-first preceding the commencement of such |
|---|
| 9548 | | - | fiscal year, as certified by the chairperson of the board of trustees by |
|---|
| 9549 | | - | February fifteenth to (i) the Secretary of the Office of Policy and |
|---|
| 9550 | | - | Management, (ii) the joint standing committee of the General Assembly |
|---|
| 9551 | | - | having cognizance of matters relating to appropriations and the budgets |
|---|
| 9552 | | - | of state agencies, and (iii) the [executive director of the Office] |
|---|
| 9553 | | - | Commissioner of Higher Education, provided such sums do not exceed |
|---|
| 9554 | | - | the endowment fund state grant maximum commitment for the fiscal |
|---|
| 9555 | | - | year in which the grant is made. Endowment fund eligible gifts that |
|---|
| 9556 | | - | meet the criteria set forth in this subdivision, made by donors during |
|---|
| 9557 | | - | the period from January 1, 2005, to June 30, 2005, shall continue to be |
|---|
| 9558 | | - | matched by the Office of Higher Education in an amount equal to one- |
|---|
| 9559 | | - | half of the total amount of endowment fund eligible gifts received. |
|---|
| 9560 | | - | Commitments by donors to make endowment fund eligible gifts for two |
|---|
| 9561 | | - | or more years that meet the criteria set forth in this subdivision and that |
|---|
| 9562 | | - | are made for the period prior to December 31, 2004, but ending before |
|---|
| 9563 | | - | December 31, 2012, shall continue to be matched by the Office of Higher |
|---|
| 9564 | | - | Education in an amount equal to one-half of the total amount of House Bill No. 5523 |
|---|
| 9565 | | - | |
|---|
| 9566 | | - | Public Act No. 24-81 260 of 351 |
|---|
| 9567 | | - | |
|---|
| 9568 | | - | endowment fund eligible gifts received through the commitment. |
|---|
| 9569 | | - | (C) In any such fiscal year in which the eligible gifts received by the |
|---|
| 9570 | | - | university exceed the endowment fund sta te grant maximum |
|---|
| 9571 | | - | commitment for such fiscal year, the amount in excess of such |
|---|
| 9572 | | - | endowment fund state grant maximum commitment for such fiscal year |
|---|
| 9573 | | - | shall be carried forward and be eligible for a matching state grant in any |
|---|
| 9574 | | - | succeeding fiscal year, from the fiscal year ending June 30, 1999, to the |
|---|
| 9575 | | - | fiscal year ending June 30, 2014, inclusive, subject to the endowment |
|---|
| 9576 | | - | fund state grant maximum commitment for such fiscal year. Any |
|---|
| 9577 | | - | endowment fund eligible gifts that are not included in the total amount |
|---|
| 9578 | | - | of endowment fund eligible gifts certified by the chairperson of the |
|---|
| 9579 | | - | board of trustees pursuant to this subparagraph may be carried forward |
|---|
| 9580 | | - | and be eligible for a matching state grant in any succeeding fiscal year |
|---|
| 9581 | | - | from the fiscal year ending June 30, 2000, to the fiscal year ending June |
|---|
| 9582 | | - | 30, 2014, inclusive, subject to the endowment fund state matching grant |
|---|
| 9583 | | - | maximum commitment for such fiscal year. |
|---|
| 9584 | | - | Sec. 173. Subdivision (2) of subsection (a) of section 10a-143a of the |
|---|
| 9585 | | - | general statutes is repealed and the following is substituted in lieu |
|---|
| 9586 | | - | thereof (Effective from passage): |
|---|
| 9587 | | - | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, |
|---|
| 9588 | | - | 2006, inclusive, as part of the state contract with donors of endowment |
|---|
| 9589 | | - | fund eligible gifts, the Office of Higher Education, in accordance with |
|---|
| 9590 | | - | section 10a-8b, shall deposit in the Endowment Fund for Charter Oak |
|---|
| 9591 | | - | State College a grant in an amount equal to half of the total amount of |
|---|
| 9592 | | - | endowment fund eligible gifts received by or for the benefit of Charter |
|---|
| 9593 | | - | Oak State College for the calendar year ending the December thirty-first |
|---|
| 9594 | | - | preceding the commencement of such fiscal year, as certified by the |
|---|
| 9595 | | - | chairperson of the Board of Regents for Higher Education by February |
|---|
| 9596 | | - | fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) |
|---|
| 9597 | | - | the joint standing committee of the General Assembly having |
|---|
| 9598 | | - | cognizance of matters relating to appropriations and the budgets of state House Bill No. 5523 |
|---|
| 9599 | | - | |
|---|
| 9600 | | - | Public Act No. 24-81 261 of 351 |
|---|
| 9601 | | - | |
|---|
| 9602 | | - | agencies, and (iii) the [executive director of the Office] Commissioner of |
|---|
| 9603 | | - | Higher Education, provided such sums do not exceed the endowment |
|---|
| 9604 | | - | fund state grant maximum commitment for the fiscal year in which the |
|---|
| 9605 | | - | grant is made. |
|---|
| 9606 | | - | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, |
|---|
| 9607 | | - | inclusive, as part of the state contract with donors of endowment fund |
|---|
| 9608 | | - | eligible gifts, the Office of Higher Education, in accordance with section |
|---|
| 9609 | | - | 10a-8b, shall deposit in the Endowment Fund for Charter Oak State |
|---|
| 9610 | | - | College a grant in an amount equal to one-quarter of the total amount |
|---|
| 9611 | | - | of endowment fund eligible gifts, except as provided in this subdivision, |
|---|
| 9612 | | - | received by or for the benefit of Charter Oak State College for the |
|---|
| 9613 | | - | calendar year ending the December thirty-first preceding the |
|---|
| 9614 | | - | commencement of such fiscal year, as certified by the chairperson of the |
|---|
| 9615 | | - | Board of Regents for Higher Education by February fifteenth to (i) the |
|---|
| 9616 | | - | Secretary of the Office of Policy and Management, (ii) the joint standing |
|---|
| 9617 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 9618 | | - | relating to appropriations and the budgets of state agencies, and (iii) the |
|---|
| 9619 | | - | [executive director of the Office] Commissioner of Higher Education, |
|---|
| 9620 | | - | provided such sums do not exceed the endowment fund state grant |
|---|
| 9621 | | - | maximum commitment for the fiscal year in which the grant is made. |
|---|
| 9622 | | - | Endowment fund eligible gifts that meet the criteria set forth in this |
|---|
| 9623 | | - | subdivision, made by donors during the period from January 1, 2005, to |
|---|
| 9624 | | - | June 30, 2005, shall continue to be matched by the Office of Higher |
|---|
| 9625 | | - | Education in an amount equal to one-half of the total amount of |
|---|
| 9626 | | - | endowment fund eligible gifts received. Commitments by donors to |
|---|
| 9627 | | - | make endowment fund eligible gifts for two or more years that meet the |
|---|
| 9628 | | - | criteria set forth in this subdivision and that are made for the period |
|---|
| 9629 | | - | prior to December 31, 2004, but ending before December 31, 2012, shall |
|---|
| 9630 | | - | continue to be matched by the Office of Higher Education in an amount |
|---|
| 9631 | | - | equal to one-half of the total amount of endowment fund eligible gifts |
|---|
| 9632 | | - | received through the commitment. House Bill No. 5523 |
|---|
| 9633 | | - | |
|---|
| 9634 | | - | Public Act No. 24-81 262 of 351 |
|---|
| 9635 | | - | |
|---|
| 9636 | | - | (C) In any such fiscal year in which the total of the eligible gifts |
|---|
| 9637 | | - | received by Charter Oak State College exceeds the endowment fund |
|---|
| 9638 | | - | state grant maximum commitment for such fiscal year the amount in |
|---|
| 9639 | | - | excess of such endowment fund state grant maximum commitment |
|---|
| 9640 | | - | shall be carried forward and be eligible for a matching state grant in any |
|---|
| 9641 | | - | succeeding fiscal year from the fiscal year ending June 30, 2000, to the |
|---|
| 9642 | | - | fiscal year ending June 30, 2014, inclusive, subject to the endowment |
|---|
| 9643 | | - | fund state grant maximum commitment. Any endowment fund eligible |
|---|
| 9644 | | - | gifts that are not included in the total amount of endowment fund |
|---|
| 9645 | | - | eligible gifts certified by the chairperson of the Board of Regents for |
|---|
| 9646 | | - | Higher Education pursuant to this subdivision may be carried forward |
|---|
| 9647 | | - | and be eligible for a matching state grant in any succeeding fiscal year |
|---|
| 9648 | | - | from the fiscal year ending June 30, 2000, to the fiscal year ending June |
|---|
| 9649 | | - | 30, 2014, inclusive, subject to the endowment fund state matching grant |
|---|
| 9650 | | - | maximum commitment for such fiscal year. |
|---|
| 9651 | | - | Sec. 174. Section 10a-154e of the 2024 supplement to the general |
|---|
| 9652 | | - | statutes is repealed and the following is substituted in lieu thereof |
|---|
| 9653 | | - | (Effective from passage): |
|---|
| 9654 | | - | (a) On or before January 1, 2024, the Office of Higher Education shall |
|---|
| 9655 | | - | establish and administer, within available appropriations, an adjunct |
|---|
| 9656 | | - | professor incentive grant program. The program shall provide an |
|---|
| 9657 | | - | incentive grant in an amount of twenty thousand dollars to each |
|---|
| 9658 | | - | licensed health care provider who (1) accepts a position as an adjunct |
|---|
| 9659 | | - | professor at a public institution of higher education that was offered to |
|---|
| 9660 | | - | such provider after being considered as an applicant for such position |
|---|
| 9661 | | - | pursuant to section 10a-154d, and (2) remains in such position for not |
|---|
| 9662 | | - | less than one academic year. Each licensed health care provider who |
|---|
| 9663 | | - | receives a grant under this subsection shall be eligible for an additional |
|---|
| 9664 | | - | grant in an amount of twenty thousand dollars if the provider remains |
|---|
| 9665 | | - | in such position for not less than two academic years. The [executive |
|---|
| 9666 | | - | director of the Office] Commissioner of Higher Education shall establish House Bill No. 5523 |
|---|
| 9667 | | - | |
|---|
| 9668 | | - | Public Act No. 24-81 263 of 351 |
|---|
| 9669 | | - | |
|---|
| 9670 | | - | the application process for the grant program. |
|---|
| 9671 | | - | (b) Not later than January 1, 2025, and annually thereafter, the |
|---|
| 9672 | | - | [executive director of the Office] Commissioner of Higher Education |
|---|
| 9673 | | - | shall report, in accordance with the provisions of section 11-4a, to the |
|---|
| 9674 | | - | joint standing committee of the General Assembly having cognizance of |
|---|
| 9675 | | - | matters relating to public health regarding the number and |
|---|
| 9676 | | - | demographics of the adjunct professors who applied for and received |
|---|
| 9677 | | - | incentive grants from the adjunct professor grant program established |
|---|
| 9678 | | - | under subsection (a) of this section, the number and types of classes |
|---|
| 9679 | | - | taught by such adjunct professors, the institutions of higher education |
|---|
| 9680 | | - | employing such adjunct professors and any other information deemed |
|---|
| 9681 | | - | pertinent by the [executive director] commissioner. |
|---|
| 9682 | | - | Sec. 175. Subsection (d) of section 10a-168b of the general statutes is |
|---|
| 9683 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 9684 | | - | passage): |
|---|
| 9685 | | - | (d) Persons may apply to the Office of Higher Education for grants |
|---|
| 9686 | | - | under this section at such time and in such manner as the [executive |
|---|
| 9687 | | - | director of the Office] Commissioner of Higher Education prescribes. |
|---|
| 9688 | | - | Sec. 176. Subdivision (10) of subsection (b) of section 2-137 of the 2024 |
|---|
| 9689 | | - | supplement to the general statutes is repealed and the following is |
|---|
| 9690 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 9691 | | - | (10) The [executive director of the Office] Commissioner of Health |
|---|
| 9692 | | - | Strategy, or the [executive director's] commissioner's designee; |
|---|
| 9693 | | - | Sec. 177. Section 4-5 of the 2024 supplement to the general statutes is |
|---|
| 9694 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 9695 | | - | passage): |
|---|
| 9696 | | - | As used in sections 4-6, 4-7 and 4-8, the term "department head" |
|---|
| 9697 | | - | means the Secretary of the Office of Policy and Management, House Bill No. 5523 |
|---|
| 9698 | | - | |
|---|
| 9699 | | - | Public Act No. 24-81 264 of 351 |
|---|
| 9700 | | - | |
|---|
| 9701 | | - | Commissioner of Administrative Services, Commissioner of Revenue |
|---|
| 9702 | | - | Services, Banking Commissioner, Commissioner of Children and |
|---|
| 9703 | | - | Families, Commissioner of Consumer Protection, Commissioner of |
|---|
| 9704 | | - | Correction, Commissioner of Economic and Community Development, |
|---|
| 9705 | | - | State Board of Education, Commissioner of Emergency Services and |
|---|
| 9706 | | - | Public Protection, Commissioner of Energy and Environmenta l |
|---|
| 9707 | | - | Protection, Commissioner of Agriculture, Commissioner of Public |
|---|
| 9708 | | - | Health, Insurance Commissioner, Labor Commissioner, Commissioner |
|---|
| 9709 | | - | of Mental Health and Addiction Services, Commissioner of Social |
|---|
| 9710 | | - | Services, Commissioner of Developmental Services, Commissioner of |
|---|
| 9711 | | - | Motor Vehicles, Commissioner of Transportation, Commissioner of |
|---|
| 9712 | | - | Veterans Affairs, Commissioner of Housing, Commissioner of Aging |
|---|
| 9713 | | - | and Disability Services, Commissioner of Early Childhood, [executive |
|---|
| 9714 | | - | director of the Office] Commissioner of Health Strategy, executive |
|---|
| 9715 | | - | director of the Office of Military Affairs, executive director of the |
|---|
| 9716 | | - | Technical Education and Career System, Chief Workforce Officer and |
|---|
| 9717 | | - | [executive director of the Office] Commissioner of Higher Education. As |
|---|
| 9718 | | - | used in sections 4-6 and 4-7, "department head" also means the |
|---|
| 9719 | | - | Commissioner of Education. |
|---|
| 9720 | | - | Sec. 178. Section 10-532 of the 2024 supplement to the general statutes |
|---|
| 9721 | | - | is repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 9722 | | - | passage): |
|---|
| 9723 | | - | (a) As used in this section, "universal nurse home visiting" means an |
|---|
| 9724 | | - | evidence-based nurse home visiting model in which a registered nurse, |
|---|
| 9725 | | - | licensed pursuant to chapter 378, with specialized training provides |
|---|
| 9726 | | - | services in the home to families with newborns in accordance with the |
|---|
| 9727 | | - | provisions of this section. |
|---|
| 9728 | | - | (b) The Commissioner of Early Childhood, in collaboration with the |
|---|
| 9729 | | - | Commissioners of Social Services, [and] Public Health and [the |
|---|
| 9730 | | - | Executive Director of the Office of] Health Strategy, shall, within |
|---|
| 9731 | | - | available appropriations, develop a state-wide program to offer House Bill No. 5523 |
|---|
| 9732 | | - | |
|---|
| 9733 | | - | Public Act No. 24-81 265 of 351 |
|---|
| 9734 | | - | |
|---|
| 9735 | | - | universal nurse home visiting services to all families with newborns |
|---|
| 9736 | | - | residing in the state to support parental health, healthy child |
|---|
| 9737 | | - | development and strengthen families. |
|---|
| 9738 | | - | (c) When developing the program, said commissioners [and |
|---|
| 9739 | | - | executive director,] shall (1) consult with insurers that offer health |
|---|
| 9740 | | - | benefit plans in the state, hospitals, local public health authorities, |
|---|
| 9741 | | - | existing early childhood home visiting programs, community-based |
|---|
| 9742 | | - | organizations and social service providers; and (2) maximize the use of |
|---|
| 9743 | | - | available federal funding. |
|---|
| 9744 | | - | (d) The program shall provide universal nurse home visiting services |
|---|
| 9745 | | - | that are (1) evidence-based, and (2) designed to improve outcomes in |
|---|
| 9746 | | - | one or more of the following areas: (A) Child safety; (B) child health and |
|---|
| 9747 | | - | development; (C) family economic self-sufficiency; (D) maternal and |
|---|
| 9748 | | - | parental health; (E) positive parenting; (F) reducing child mistreatment; |
|---|
| 9749 | | - | (G) reducing family violence; (H) parent-infant bonding; and (I) any |
|---|
| 9750 | | - | other appropriate area established, in writing, by the Commissioners of |
|---|
| 9751 | | - | Early Childhood, Social Services, [and] Public Health and [the executive |
|---|
| 9752 | | - | director of the Office of] Health Strategy. |
|---|
| 9753 | | - | (e) The universal nurse home visiting services provided pursuant to |
|---|
| 9754 | | - | the program shall (1) be voluntary and carry no negative consequences |
|---|
| 9755 | | - | for a family that declines to participate, (2) include an evidence-based |
|---|
| 9756 | | - | assessment of the physical, social and emotional factors affecting a |
|---|
| 9757 | | - | family receiving such services, (3) include at least one visit during a |
|---|
| 9758 | | - | newborn's first three months of life or other time frame as deemed |
|---|
| 9759 | | - | appropriate by said commissioners [and executive director] and that is |
|---|
| 9760 | | - | consistent with an evidence-based model, (4) allow families to choose |
|---|
| 9761 | | - | up to a certain number of additional visits consistent with such model, |
|---|
| 9762 | | - | (5) include a follow-up visit no later than three months or other time |
|---|
| 9763 | | - | frame established by such model after the last visit, and (6) provide |
|---|
| 9764 | | - | information and referrals to address each family's identified needs. Such |
|---|
| 9765 | | - | services may be offered in every community in the state and to all House Bill No. 5523 |
|---|
| 9766 | | - | |
|---|
| 9767 | | - | Public Act No. 24-81 266 of 351 |
|---|
| 9768 | | - | |
|---|
| 9769 | | - | families with newborns based on the full extent of available provider |
|---|
| 9770 | | - | capacity. |
|---|
| 9771 | | - | (f) The Commissioner of Social Services may seek approval of an |
|---|
| 9772 | | - | amendment to the state Medicaid plan or a waiver from federal law to |
|---|
| 9773 | | - | provide coverage for universal nurse home visiting services provided |
|---|
| 9774 | | - | pursuant to this section and in a time frame and manner to ensure that |
|---|
| 9775 | | - | such coverage does not duplicate other applicable federal funding. |
|---|
| 9776 | | - | (g) The Commissioner of Early Childhood, in collaboration with the |
|---|
| 9777 | | - | Commissioners of Social Services, [and] Public Health and [the |
|---|
| 9778 | | - | executive director of the Office of] Health Strategy, shall collect and |
|---|
| 9779 | | - | analyze data generated by the program to assess the effectiveness of the |
|---|
| 9780 | | - | program in meeting the goals described in subsection (d) of this section |
|---|
| 9781 | | - | and collaborate with other state agencies to develop protocols for |
|---|
| 9782 | | - | sharing such data, including the timely sharing of data with primary |
|---|
| 9783 | | - | care providers that provide care to families with newborns receiving |
|---|
| 9784 | | - | universal nurse home visiting services pursuant to the provisions of this |
|---|
| 9785 | | - | section. |
|---|
| 9786 | | - | Sec. 179. Subsections (b) to (f), inclusive, of section 17b-59a of the |
|---|
| 9787 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 9788 | | - | thereof (Effective from passage): |
|---|
| 9789 | | - | (b) The Commissioner of Social Services, in consultation with the |
|---|
| 9790 | | - | [executive director of the Office] Commissioner of Health Strategy, |
|---|
| 9791 | | - | [established under section 19a-754a,] shall (1) develop, throughout the |
|---|
| 9792 | | - | Departments of Developmental Services, Public Health, Correction, |
|---|
| 9793 | | - | Children and Families, Veterans Affairs and Mental Health and |
|---|
| 9794 | | - | Addiction Services, uniform management information, uniform |
|---|
| 9795 | | - | statistical information, uniform terminology for similar facilities, and |
|---|
| 9796 | | - | uniform electronic health information technology standards, (2) plan for |
|---|
| 9797 | | - | increased participation of the private sector in the delivery of human |
|---|
| 9798 | | - | services, and (3) provide direction and coordination to federally funded House Bill No. 5523 |
|---|
| 9799 | | - | |
|---|
| 9800 | | - | Public Act No. 24-81 267 of 351 |
|---|
| 9801 | | - | |
|---|
| 9802 | | - | programs in the human services agencies and recommend uniform |
|---|
| 9803 | | - | system improvements and reallocation of physical resources and |
|---|
| 9804 | | - | designation of a single responsibility across human services agencies |
|---|
| 9805 | | - | lines to facilitate shared services and eliminate duplication. |
|---|
| 9806 | | - | (c) The [executive director of the Office] Commissioner of Health |
|---|
| 9807 | | - | Strategy shall, in consultation with the Commissioner of Social Services |
|---|
| 9808 | | - | and the State Health Information Technology Advisory Council, |
|---|
| 9809 | | - | established pursuant to section 17b-59f, implement and periodically |
|---|
| 9810 | | - | revise the state-wide health information technology plan established |
|---|
| 9811 | | - | pursuant to this section and shall establish electronic data standards to |
|---|
| 9812 | | - | facilitate the development of integrated electronic health information |
|---|
| 9813 | | - | systems for use by health care providers and institutions that receive |
|---|
| 9814 | | - | state funding. Such electronic data standards shall: (1) Include |
|---|
| 9815 | | - | provisions relating to security, privacy, data content, structures and |
|---|
| 9816 | | - | format, vocabulary and transmission protocols; (2) limit the use and |
|---|
| 9817 | | - | dissemination of an individual's Social Security number and require the |
|---|
| 9818 | | - | encryption of any Social Security number provided by an individual; (3) |
|---|
| 9819 | | - | require privacy standards no less stringent than the "Standards for |
|---|
| 9820 | | - | Privacy of Individually Identifiable Health Information" established |
|---|
| 9821 | | - | under the Health Insurance Portability and Accountability Act of 1996, |
|---|
| 9822 | | - | P.L. 104-191, as amended from time to time, and contained in 45 CFR |
|---|
| 9823 | | - | 160, 164; (4) require that individually identifiable health information be |
|---|
| 9824 | | - | secure and that access to such information be traceable by an electronic |
|---|
| 9825 | | - | audit trail; (5) be compatible with any national data standards in order |
|---|
| 9826 | | - | to allow for interstate interoperability; (6) permit the collection of health |
|---|
| 9827 | | - | information in a standard electronic format; and (7) be compatible with |
|---|
| 9828 | | - | the requirements for an electronic health information system. |
|---|
| 9829 | | - | (d) The [executive director of the Office] Commissioner of Health |
|---|
| 9830 | | - | Strategy shall, within existing resources and in consultation with the |
|---|
| 9831 | | - | State Health Information Technology Advisory Council: (1) Oversee the |
|---|
| 9832 | | - | development and implementation of the State-wide Health Information House Bill No. 5523 |
|---|
| 9833 | | - | |
|---|
| 9834 | | - | Public Act No. 24-81 268 of 351 |
|---|
| 9835 | | - | |
|---|
| 9836 | | - | Exchange in conformance with section 17b-59d; (2) coordinate the state's |
|---|
| 9837 | | - | health information technology and health information exchange efforts |
|---|
| 9838 | | - | to ensure consistent and collaborative cross-agency planning and |
|---|
| 9839 | | - | implementation; and (3) serve as the state liaison to, and work |
|---|
| 9840 | | - | collaboratively with, the State-wide Health Information Exchange |
|---|
| 9841 | | - | established pursuant to section 17b-59d to ensure consistency between |
|---|
| 9842 | | - | the state-wide health information technology plan and the State-wide |
|---|
| 9843 | | - | Health Information Exchange and to support the state's health |
|---|
| 9844 | | - | information technology and exchange goals. |
|---|
| 9845 | | - | (e) The state-wide health information technology plan, implemented |
|---|
| 9846 | | - | and periodically revised pursuant to subsection (c) of this section, shall |
|---|
| 9847 | | - | enhance interoperability to support optimal health outcomes and |
|---|
| 9848 | | - | include, but not be limited to (1) general standards and protocols for |
|---|
| 9849 | | - | health information exchange, and (2) national data standards to support |
|---|
| 9850 | | - | secure data exchange data standards to facilitate the development of a |
|---|
| 9851 | | - | state-wide, integrated electronic health information system for use by |
|---|
| 9852 | | - | health care providers and institutions that are licensed by the state. Such |
|---|
| 9853 | | - | electronic data standards shall (A) include provisions relating to |
|---|
| 9854 | | - | security, privacy, data content, structures and format, vocabulary and |
|---|
| 9855 | | - | transmission protocols, (B) be compatible with any national data |
|---|
| 9856 | | - | standards in order to allow for interstate interoperability, (C) permit the |
|---|
| 9857 | | - | collection of health information in a standard electronic format, and (D) |
|---|
| 9858 | | - | be compatible with the requirements for an electronic health |
|---|
| 9859 | | - | information system. |
|---|
| 9860 | | - | (f) Not later than February 1, 2017, and annually thereafter, the |
|---|
| 9861 | | - | [executive director of the Office] Commissioner of Health Strategy, in |
|---|
| 9862 | | - | consultation with the State Health Information Technology Advisory |
|---|
| 9863 | | - | Council, shall report in accordance with the provisions of section 11-4a |
|---|
| 9864 | | - | to the joint standing committees of the General Assembly having |
|---|
| 9865 | | - | cognizance of matters relating to human services and public health |
|---|
| 9866 | | - | concerning: (1) The development and implementation of the state-wide House Bill No. 5523 |
|---|
| 9867 | | - | |
|---|
| 9868 | | - | Public Act No. 24-81 269 of 351 |
|---|
| 9869 | | - | |
|---|
| 9870 | | - | health information technology plan and data standards, established and |
|---|
| 9871 | | - | implemented by the [executive director of the Office] Commissioner of |
|---|
| 9872 | | - | Health Strategy pursuant to this section; (2) the establishment of the |
|---|
| 9873 | | - | State-wide Health Information Exchange; and (3) recommendations for |
|---|
| 9874 | | - | policy, regulatory and legislative changes and other initiatives to |
|---|
| 9875 | | - | promote the state's health information technology and exchange goals. |
|---|
| 9876 | | - | Sec. 180. Subsections (d) to (g), inclusive, of section 17b-59d of the |
|---|
| 9877 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 9878 | | - | thereof (Effective from passage): |
|---|
| 9879 | | - | (d) (1) The [executive director of the Office] Commissioner of Health |
|---|
| 9880 | | - | Strategy, in consultation with the Secretary of the Office of Policy and |
|---|
| 9881 | | - | Management and the State Health Information Technology Advisory |
|---|
| 9882 | | - | Council, established pursuant to section 17b-59f, shall, upon the |
|---|
| 9883 | | - | approval by the State Bond Commission of bond funds authorized by |
|---|
| 9884 | | - | the General Assembly for the purposes of establishing a State-wide |
|---|
| 9885 | | - | Health Information Exchange, develop and issue a request for proposals |
|---|
| 9886 | | - | for the development, management and operation of the State-wide |
|---|
| 9887 | | - | Health Information Exchange. Such request shall promote the reuse of |
|---|
| 9888 | | - | any and all enterprise health information technology assets, such as the |
|---|
| 9889 | | - | existing Provider Directory, Enterprise Master Person Index, Direct |
|---|
| 9890 | | - | Secure Messaging Health Information Service provider infrastructure, |
|---|
| 9891 | | - | analytic capabilities and tools that exist in the state or are in the process |
|---|
| 9892 | | - | of being deployed. Any enterprise health information exchange |
|---|
| 9893 | | - | technology assets purchased after June 2, 2016, and prior to the |
|---|
| 9894 | | - | implementation of the State-wide Health Information Exchange shall be |
|---|
| 9895 | | - | capable of interoperability with a State-wide Health Information |
|---|
| 9896 | | - | Exchange. |
|---|
| 9897 | | - | (2) Such request for proposals may require an eligible organization |
|---|
| 9898 | | - | responding to the request to: (A) Have not less than three years of |
|---|
| 9899 | | - | experience operating either a state-wide health information exchange in |
|---|
| 9900 | | - | any state or a regional exchange serving a population of not less than House Bill No. 5523 |
|---|
| 9901 | | - | |
|---|
| 9902 | | - | Public Act No. 24-81 270 of 351 |
|---|
| 9903 | | - | |
|---|
| 9904 | | - | one million that (i) enables the exchange of patient health information |
|---|
| 9905 | | - | among health care providers, patients and other authorized users |
|---|
| 9906 | | - | without regard to location, source of payment or technology, (ii) |
|---|
| 9907 | | - | includes, with proper consent, behavioral health and substance abuse |
|---|
| 9908 | | - | treatment information, (iii) supports transitions of care and care |
|---|
| 9909 | | - | coordination through real-time health care provider alerts and access to |
|---|
| 9910 | | - | clinical information, (iv) allows health information to follow each |
|---|
| 9911 | | - | patient, (v) allows patients to access and manage their health data, and |
|---|
| 9912 | | - | (vi) has demonstrated success in reducing costs associated with |
|---|
| 9913 | | - | preventable readmissions, duplicative testing or medical errors; (B) be |
|---|
| 9914 | | - | committed to, and demonstrate, a high level of transparency in its |
|---|
| 9915 | | - | governance, decision-making and operations; (C) be capable of |
|---|
| 9916 | | - | providing consulting to ensure effective governance; (D) be regulated or |
|---|
| 9917 | | - | administratively overseen by a state government agency; and (E) have |
|---|
| 9918 | | - | sufficient staff and appropriate expertise and experience to carry out the |
|---|
| 9919 | | - | administrative, operational and financial responsibilities of the State- |
|---|
| 9920 | | - | wide Health Information Exchange. |
|---|
| 9921 | | - | (e) Notwithstanding the provisions of subsection (d) of this section, |
|---|
| 9922 | | - | if, on or before January 1, 2016, the Commissioner of Social Services, in |
|---|
| 9923 | | - | consultation with the State Health Information Technology Advisory |
|---|
| 9924 | | - | Council, established pursuant to section 17b-59f, submits a plan to the |
|---|
| 9925 | | - | Secretary of the Office of Policy and Management for the establishment |
|---|
| 9926 | | - | of a State-wide Health Information Exchange consistent with |
|---|
| 9927 | | - | subsections (a), (b) and (c) of this section, and such plan is approved by |
|---|
| 9928 | | - | the secretary, the commissioner may implement such plan and enter |
|---|
| 9929 | | - | into any contracts or agreements to implement such plan. |
|---|
| 9930 | | - | (f) The [executive director of the Office] Commissioner of Health |
|---|
| 9931 | | - | Strategy shall have administrative authority over the State-wide Health |
|---|
| 9932 | | - | Information Exchange. The [executive director] commissioner shall be |
|---|
| 9933 | | - | responsible for designating, and posting on its Internet web site, the list |
|---|
| 9934 | | - | of systems, technologies, entities and programs that shall constitute the House Bill No. 5523 |
|---|
| 9935 | | - | |
|---|
| 9936 | | - | Public Act No. 24-81 271 of 351 |
|---|
| 9937 | | - | |
|---|
| 9938 | | - | State-wide Health Information Exchange. Systems, technologies, |
|---|
| 9939 | | - | entities, and programs that have not been so designated shall not be |
|---|
| 9940 | | - | considered part of said exchange. |
|---|
| 9941 | | - | (g) The [executive director of the Office] Commissioner of Health |
|---|
| 9942 | | - | Strategy shall adopt regulations in accordance with the provisions of |
|---|
| 9943 | | - | chapter 54 that set forth requirements necessary to implement the |
|---|
| 9944 | | - | provisions of this section. The [executive director] commissioner may |
|---|
| 9945 | | - | implement policies and procedures necessary to administer the |
|---|
| 9946 | | - | provisions of this section while in the process of adopting such policies |
|---|
| 9947 | | - | and procedures in regulation form, provided the [executive director] |
|---|
| 9948 | | - | commissioner holds a public hearing at least thirty days prior to |
|---|
| 9949 | | - | implementing such policies and procedures and publishes notice of |
|---|
| 9950 | | - | intention to adopt the regulations on the Office of Health Strategy's |
|---|
| 9951 | | - | Internet web site and the eRegulations System not later than twenty |
|---|
| 9952 | | - | days after implementing such policies and procedures. Policies and |
|---|
| 9953 | | - | procedures implemented pursuant to this subsection shall be valid until |
|---|
| 9954 | | - | the time such regulations are effective. |
|---|
| 9955 | | - | Sec. 181. Subsection (d) of section 17b-59e of the general statutes is |
|---|
| 9956 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 9957 | | - | passage): |
|---|
| 9958 | | - | (d) The [executive director of the Office] Commissioner of Health |
|---|
| 9959 | | - | Strategy shall adopt regulations in accordance with the provisions of |
|---|
| 9960 | | - | chapter 54 that set forth requirements necessary to implement the |
|---|
| 9961 | | - | provisions of this section. The [executive director] commissioner may |
|---|
| 9962 | | - | implement policies and procedures necessary to administer the |
|---|
| 9963 | | - | provisions of this section while in the process of adopting such policies |
|---|
| 9964 | | - | and procedures in regulation form, provided the [executive director] |
|---|
| 9965 | | - | commissioner holds a public hearing at least thirty days prior to |
|---|
| 9966 | | - | implementing such policies and procedures and publishes notice of |
|---|
| 9967 | | - | intention to adopt the regulations on the Office of Health Strategy's |
|---|
| 9968 | | - | Internet web site and the eRegulations System not later than twenty House Bill No. 5523 |
|---|
| 9969 | | - | |
|---|
| 9970 | | - | Public Act No. 24-81 272 of 351 |
|---|
| 9971 | | - | |
|---|
| 9972 | | - | days after implementing such policies and procedures. Policies and |
|---|
| 9973 | | - | procedures implemented pursuant to this subsection shall be valid until |
|---|
| 9974 | | - | the time such regulations are effective. |
|---|
| 9975 | | - | Sec. 182. Section 17b-59f of the general statutes is repealed and the |
|---|
| 9976 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 9977 | | - | (a) There shall be a State Health Information Technology Advisory |
|---|
| 9978 | | - | Council to advise the [executive director of the Office] Commissioner of |
|---|
| 9979 | | - | Health Strategy and the health information technology officer, |
|---|
| 9980 | | - | designated in accordance with section 19a-754a, in developing priorities |
|---|
| 9981 | | - | and policy recommendations for advancing the state's health |
|---|
| 9982 | | - | information technology and health information exchange efforts and |
|---|
| 9983 | | - | goals and to advise the [executive director] commissioner and officer in |
|---|
| 9984 | | - | the development and implementation of the state-wide health |
|---|
| 9985 | | - | information technology plan and standards and the State-wide Health |
|---|
| 9986 | | - | Information Exchange, established pursuant to section 17b-59d. The |
|---|
| 9987 | | - | advisory council shall also advise the [executive director] commissioner |
|---|
| 9988 | | - | and officer regarding the development of appropriate governance, |
|---|
| 9989 | | - | oversight and accountability measures to ensure success in achieving |
|---|
| 9990 | | - | the state's health information technology and exchange goals. |
|---|
| 9991 | | - | (b) The council shall consist of the following members: |
|---|
| 9992 | | - | (1) One member appointed by the [executive director of the Office] |
|---|
| 9993 | | - | Commissioner of Health Strategy, who shall be an expert in state health |
|---|
| 9994 | | - | care reform initiatives; |
|---|
| 9995 | | - | (2) The health information technology officer, designated in |
|---|
| 9996 | | - | accordance with section 19a-754a, or the health information technology |
|---|
| 9997 | | - | officer's designee; |
|---|
| 9998 | | - | (3) The Commissioners of Social Services, Mental Health and |
|---|
| 9999 | | - | Addiction Services, Children and Families, Correction, Public Health |
|---|
| 10000 | | - | and Developmental Services, or the commissioners' designees; House Bill No. 5523 |
|---|
| 10001 | | - | |
|---|
| 10002 | | - | Public Act No. 24-81 273 of 351 |
|---|
| 10003 | | - | |
|---|
| 10004 | | - | (4) The Chief Information Officer of the state, or the Chief Information |
|---|
| 10005 | | - | Officer's designee; |
|---|
| 10006 | | - | (5) The chief executive officer of the Connecticut Health Insurance |
|---|
| 10007 | | - | Exchange, or the chief executive officer's designee; |
|---|
| 10008 | | - | (6) The chief information officer of The University of Connecticut |
|---|
| 10009 | | - | Health Center, or the chief information officer's designee; |
|---|
| 10010 | | - | (7) The Healthcare Advocate, or the Healthcare Advocate's designee; |
|---|
| 10011 | | - | (8) The Comptroller, or the Comptroller's designee; |
|---|
| 10012 | | - | (9) Five members appointed by the Governor, one each who shall be |
|---|
| 10013 | | - | (A) a representative of a health system that includes more than one |
|---|
| 10014 | | - | hospital, (B) a representative of the health insurance industry, (C) an |
|---|
| 10015 | | - | expert in health information technology, (D) a health care consumer or |
|---|
| 10016 | | - | consumer advocate, and (E) a current or former employee or trustee of |
|---|
| 10017 | | - | a plan established pursuant to subdivision (5) of subsection (c) of 29 USC |
|---|
| 10018 | | - | 186; |
|---|
| 10019 | | - | (10) Three members appointed by the president pro tempore of the |
|---|
| 10020 | | - | Senate, one each who shall be (A) a representative of a federally |
|---|
| 10021 | | - | qualified health center, (B) a provider of behavioral health services, and |
|---|
| 10022 | | - | (C) a physician licensed under chapter 370; |
|---|
| 10023 | | - | (11) Three members appointed by the speaker of the House of |
|---|
| 10024 | | - | Representatives, one each who shall be (A) a technology expert who |
|---|
| 10025 | | - | represents a hospital system, as defined in section 19a-486i, (B) a |
|---|
| 10026 | | - | provider of home health care services, and (C) a health care consumer |
|---|
| 10027 | | - | or a health care consumer advocate; |
|---|
| 10028 | | - | (12) One member appointed by the majority leader of the Senate, who |
|---|
| 10029 | | - | shall be a representative of an independent community hospital; |
|---|
| 10030 | | - | (13) One member appointed by the majority leader of the House of House Bill No. 5523 |
|---|
| 10031 | | - | |
|---|
| 10032 | | - | Public Act No. 24-81 274 of 351 |
|---|
| 10033 | | - | |
|---|
| 10034 | | - | Representatives, who shall be a physician who provides services in a |
|---|
| 10035 | | - | multispecialty group and who is not employed by a hospital; |
|---|
| 10036 | | - | (14) One member appointed by the minority leader of the Senate, who |
|---|
| 10037 | | - | shall be a primary care physician who provides services in a small |
|---|
| 10038 | | - | independent practice; |
|---|
| 10039 | | - | (15) One member appointed by the minority leader of the House of |
|---|
| 10040 | | - | Representatives, who shall be an expert in health care analytics and |
|---|
| 10041 | | - | quality analysis; |
|---|
| 10042 | | - | (16) The president pro tempore of the Senate, or the president's |
|---|
| 10043 | | - | designee; |
|---|
| 10044 | | - | (17) The speaker of the House of Representatives, or the speaker's |
|---|
| 10045 | | - | designee; |
|---|
| 10046 | | - | (18) The minority leader of the Senate, or the minority leader's |
|---|
| 10047 | | - | designee; and |
|---|
| 10048 | | - | (19) The minority leader of the House of Representatives, or the |
|---|
| 10049 | | - | minority leader's designee. |
|---|
| 10050 | | - | (c) Any member appointed or designated under subdivisions (10) to |
|---|
| 10051 | | - | (19), inclusive, of subsection (b) of this section may be a member of the |
|---|
| 10052 | | - | General Assembly. |
|---|
| 10053 | | - | (d) (1) The health information technology officer, designated in |
|---|
| 10054 | | - | accordance with section 19a-754a, shall serve as a chairperson of the |
|---|
| 10055 | | - | council. The council shall elect a second chairperson from among its |
|---|
| 10056 | | - | members, who shall not be a state official. The chairpersons of the |
|---|
| 10057 | | - | council may establish subcommittees and working groups and may |
|---|
| 10058 | | - | appoint individuals other than members of the council to serve as |
|---|
| 10059 | | - | members of the subcommittees or working groups. The terms of the |
|---|
| 10060 | | - | members shall be coterminous with the terms of the appointing House Bill No. 5523 |
|---|
| 10061 | | - | |
|---|
| 10062 | | - | Public Act No. 24-81 275 of 351 |
|---|
| 10063 | | - | |
|---|
| 10064 | | - | authority for each member and subject to the provisions of section 4-1a. |
|---|
| 10065 | | - | If any vacancy occurs on the council, the appointing authority having |
|---|
| 10066 | | - | the power to make the appointment under the provisions of this section |
|---|
| 10067 | | - | shall appoint a person in accordance with the provisions of this section. |
|---|
| 10068 | | - | A majority of the members of the council shall constitute a quorum. |
|---|
| 10069 | | - | Members of the council shall serve without compensation, but shall be |
|---|
| 10070 | | - | reimbursed for all reasonable expenses incurred in the performance of |
|---|
| 10071 | | - | their duties. |
|---|
| 10072 | | - | (2) The chairpersons of the council may appoint up to four additional |
|---|
| 10073 | | - | members to the council, who shall serve at the pleasure of the |
|---|
| 10074 | | - | chairpersons. |
|---|
| 10075 | | - | (e) (1) The council shall establish a working group to be known as the |
|---|
| 10076 | | - | All-Payer Claims Database Advisory Group. Said group shall include, |
|---|
| 10077 | | - | but need not be limited to, (A) the Secretary of the Office of Policy and |
|---|
| 10078 | | - | Management, the Comptroller, the Commissioners of Public Health, |
|---|
| 10079 | | - | Social Services and Mental Health and Addiction Services, the Insurance |
|---|
| 10080 | | - | Commissioner, the Healthcare Advocate and the Chief Information |
|---|
| 10081 | | - | Officer, or their designees; (B) a representative of the Connecticut State |
|---|
| 10082 | | - | Medical Society; and (C) representatives of health insurance companies, |
|---|
| 10083 | | - | health insurance purchasers, hospitals, consumer advocates and health |
|---|
| 10084 | | - | care providers. The health information technology officer may appoint |
|---|
| 10085 | | - | additional members to said group. |
|---|
| 10086 | | - | (2) The All-Payer Claims Database Advisory Group shall develop a |
|---|
| 10087 | | - | plan to implement a state-wide multipayer data initiative to enhance the |
|---|
| 10088 | | - | state's use of heath care data from multiple sources to increase |
|---|
| 10089 | | - | efficiency, enhance outcomes and improve the understanding of health |
|---|
| 10090 | | - | care expenditures in the public and private sectors. |
|---|
| 10091 | | - | (f) Prior to submitting any application, proposal, planning document |
|---|
| 10092 | | - | or other request seeking federal grants, matching funds or other federal |
|---|
| 10093 | | - | support for health information technology or health information House Bill No. 5523 |
|---|
| 10094 | | - | |
|---|
| 10095 | | - | Public Act No. 24-81 276 of 351 |
|---|
| 10096 | | - | |
|---|
| 10097 | | - | exchange, the [executive director of the Office] Commissioner of Health |
|---|
| 10098 | | - | Strategy or the Commissioner of Social Services shall present such |
|---|
| 10099 | | - | application, proposal, document or other request to the council for |
|---|
| 10100 | | - | review and comment. |
|---|
| 10101 | | - | Sec. 183. Subsections (a) and (b) of section 17b-59g of the general |
|---|
| 10102 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 10103 | | - | (Effective from passage): |
|---|
| 10104 | | - | (a) The state, acting by and through the Secretary of the Office of |
|---|
| 10105 | | - | Policy and Management, in collaboration with the [executive director of |
|---|
| 10106 | | - | the Office] Commissioner of Health Strategy, shall establish a program |
|---|
| 10107 | | - | to expedite the development of the State-wide Health Information |
|---|
| 10108 | | - | Exchange, established under section 17b-59d, to assist the state, health |
|---|
| 10109 | | - | care providers, insurance carriers, physicians and all stakeholders in |
|---|
| 10110 | | - | empowering consumers to make effective health care decisions, |
|---|
| 10111 | | - | promote patient-centered care, improve the quality, safety and value of |
|---|
| 10112 | | - | health care, reduce waste and duplication of services, support clinical |
|---|
| 10113 | | - | decision-making, keep confidential health information secure and make |
|---|
| 10114 | | - | progress toward the state's public health goals. The purposes of the |
|---|
| 10115 | | - | program shall be to (1) assist the State-wide Health Information |
|---|
| 10116 | | - | Exchange in establishing and maintaining itself as a neutral and trusted |
|---|
| 10117 | | - | entity that serves the public good for the benefit of all Connecticut |
|---|
| 10118 | | - | residents, including, but not limited to, Connecticut health care |
|---|
| 10119 | | - | consumers and Connecticut health care providers and carriers, (2) |
|---|
| 10120 | | - | perform, on behalf of the state, the role of intermediary between public |
|---|
| 10121 | | - | and private stakeholders and customers of the State-wide Health |
|---|
| 10122 | | - | Information Exchange, and (3) fulfill the responsibilities of the Office of |
|---|
| 10123 | | - | Health Strategy, as described in section 19a-754a. |
|---|
| 10124 | | - | (b) The [executive director of the Office] Commissioner of Health |
|---|
| 10125 | | - | Strategy, in consultation with the health information technology officer, |
|---|
| 10126 | | - | designated in accordance with section 19a-754, shall design, and the |
|---|
| 10127 | | - | Secretary of the Office of Policy and Management, in collaboration with House Bill No. 5523 |
|---|
| 10128 | | - | |
|---|
| 10129 | | - | Public Act No. 24-81 277 of 351 |
|---|
| 10130 | | - | |
|---|
| 10131 | | - | said [executive director] commissioner, may establish or incorporate an |
|---|
| 10132 | | - | entity to implement the program established under subsection (a) of this |
|---|
| 10133 | | - | section. Such entity shall, without limitation, be owned and governed, |
|---|
| 10134 | | - | in whole or in part, by a party or parties other than the state and may be |
|---|
| 10135 | | - | organized as a nonprofit entity. |
|---|
| 10136 | | - | Sec. 184. Subsection (c) of section 17b-337 of the general statutes is |
|---|
| 10137 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 10138 | | - | passage): |
|---|
| 10139 | | - | (c) The Long-Term Care Planning Committee shall consist of: (1) The |
|---|
| 10140 | | - | chairpersons and ranking members of the joint standing committees of |
|---|
| 10141 | | - | the General Assembly having cognizance of matters relating to human |
|---|
| 10142 | | - | services, public health, elderly services and long-term care; (2) the |
|---|
| 10143 | | - | Commissioner of Social Services, or the commissioner's designee; (3) |
|---|
| 10144 | | - | one member of the Office of Policy and Management appointed by the |
|---|
| 10145 | | - | Secretary of the Office of Policy and Management; (4) one member from |
|---|
| 10146 | | - | the Department of Public Health appointed by the Commissioner of |
|---|
| 10147 | | - | Public Health; (5) one member from the Department of Housing |
|---|
| 10148 | | - | appointed by the Commissioner of Housing; (6) one member from the |
|---|
| 10149 | | - | Department of Developmental Services appointed by the Commissioner |
|---|
| 10150 | | - | of Developmental Services; (7) one member from the Department of |
|---|
| 10151 | | - | Mental Health and Addiction Services appointed by the Commissioner |
|---|
| 10152 | | - | of Mental Health and Addiction Services; (8) one member from the |
|---|
| 10153 | | - | Department of Transportation appointed by the Commissioner of |
|---|
| 10154 | | - | Transportation; (9) one member from the Department of Children and |
|---|
| 10155 | | - | Families appointed by the Commissioner of Children and Families; (10) |
|---|
| 10156 | | - | one member from the Health Systems Planning Unit of the Office of |
|---|
| 10157 | | - | Health Strategy appointed by the [executive director of the Office] |
|---|
| 10158 | | - | Commissioner of Health Strategy; and (11) one member from the |
|---|
| 10159 | | - | Department of Aging and Disability Services appointed by the |
|---|
| 10160 | | - | Commissioner of Aging and Disability Services. The committee shall |
|---|
| 10161 | | - | convene no later than ninety days after June 4, 1998. Any vacancy shall House Bill No. 5523 |
|---|
| 10162 | | - | |
|---|
| 10163 | | - | Public Act No. 24-81 278 of 351 |
|---|
| 10164 | | - | |
|---|
| 10165 | | - | be filled by the appointing authority. The chairperson shall be elected |
|---|
| 10166 | | - | from among the members of the committee. The committee shall seek |
|---|
| 10167 | | - | the advice and participation of any person, organization or state or |
|---|
| 10168 | | - | federal agency it deems necessary to carry out the provisions of this |
|---|
| 10169 | | - | section. |
|---|
| 10170 | | - | Sec. 185. Section 19a-6q of the general statutes is repealed and the |
|---|
| 10171 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10172 | | - | The Commissioner of Public Health, in consultation with the |
|---|
| 10173 | | - | [executive director of the Office] Commissioner of Health Strategy [, |
|---|
| 10174 | | - | established under section 19a-754a,] and local and regional health |
|---|
| 10175 | | - | departments, shall, within available resources, develop a plan that is |
|---|
| 10176 | | - | consistent with the Department of Public Health's Healthy Connecticut |
|---|
| 10177 | | - | 2020 health improvement plan and the state healthcare innovation plan |
|---|
| 10178 | | - | developed pursuant to the State Innovation Model Initiative by the |
|---|
| 10179 | | - | Centers for Medicare and Medicaid Services Innovation Center. The |
|---|
| 10180 | | - | [commissioner] Commissioner of Public Health shall develop and |
|---|
| 10181 | | - | implement such plan to: (1) Reduce the incidence of tobacco use, high |
|---|
| 10182 | | - | blood pressure, health care associated infections, asthma, unintended |
|---|
| 10183 | | - | pregnancy and diabetes; (2) improve chronic disease care coordination |
|---|
| 10184 | | - | in the state; and (3) reduce the incidence and effects of chronic disease |
|---|
| 10185 | | - | and improve outcomes for conditions associated with chronic disease in |
|---|
| 10186 | | - | the state. The [commissioner] Commissioner of Public Health shall post |
|---|
| 10187 | | - | such plan on the Department of Public Health's Internet web site. |
|---|
| 10188 | | - | Sec. 186. Subsections (b) to (h), inclusive, of section 19a-127k of the |
|---|
| 10189 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 10190 | | - | thereof (Effective from passage): |
|---|
| 10191 | | - | (b) On and after January 1, 2023, each hospital shall submit |
|---|
| 10192 | | - | community benefit program reporting to the Office of Health Strategy, |
|---|
| 10193 | | - | or to a designee selected by the [executive director of the Office] |
|---|
| 10194 | | - | Commissioner of Health Strategy, in the form and manner described in House Bill No. 5523 |
|---|
| 10195 | | - | |
|---|
| 10196 | | - | Public Act No. 24-81 279 of 351 |
|---|
| 10197 | | - | |
|---|
| 10198 | | - | subsections (c) to (e), inclusive, of this section. |
|---|
| 10199 | | - | (c) Each hospital shall submit its community health needs assessment |
|---|
| 10200 | | - | to the Office of Health Strategy not later than thirty days after the date |
|---|
| 10201 | | - | on which such assessment is made available to the public pursuant to |
|---|
| 10202 | | - | 26 CFR 1.501(r)-(3)(b), provided the [executive director of the Office] |
|---|
| 10203 | | - | Commissioner of Health Strategy, or the [executive director's] |
|---|
| 10204 | | - | commissioner's designee, may grant an extension of time to a hospital |
|---|
| 10205 | | - | for the filing of such assessment. Such submission shall contain the |
|---|
| 10206 | | - | following: |
|---|
| 10207 | | - | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)- |
|---|
| 10208 | | - | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the |
|---|
| 10209 | | - | Internal Revenue Service: |
|---|
| 10210 | | - | (A) A definition of the community served by the hospital and a |
|---|
| 10211 | | - | description of how the community was determined; |
|---|
| 10212 | | - | (B) A description of the process and methods used to conduct the |
|---|
| 10213 | | - | community health needs assessment; |
|---|
| 10214 | | - | (C) A description of how the hospital solicited and took into account |
|---|
| 10215 | | - | input received from persons who represent the broad interests of the |
|---|
| 10216 | | - | community it serves; |
|---|
| 10217 | | - | (D) A prioritized description of the significant health needs of the |
|---|
| 10218 | | - | community identified through the community health needs assessment, |
|---|
| 10219 | | - | and a description of the process and criteria used in identifying certain |
|---|
| 10220 | | - | health needs as significant and prioritizing those significant health |
|---|
| 10221 | | - | needs; |
|---|
| 10222 | | - | (E) A description of the resources potentially available to address the |
|---|
| 10223 | | - | significant health needs identified through the community health needs |
|---|
| 10224 | | - | assessment; House Bill No. 5523 |
|---|
| 10225 | | - | |
|---|
| 10226 | | - | Public Act No. 24-81 280 of 351 |
|---|
| 10227 | | - | |
|---|
| 10228 | | - | (F) An evaluation of the impact of any actions that were taken, since |
|---|
| 10229 | | - | the hospital finished conducting its immediately preceding community |
|---|
| 10230 | | - | health needs assessment, to address the significant health needs |
|---|
| 10231 | | - | identified in the hospital's prior community health needs assessment; |
|---|
| 10232 | | - | and |
|---|
| 10233 | | - | (2) Additional documentation of the following: |
|---|
| 10234 | | - | (A) The names of the individuals responsible for developing the |
|---|
| 10235 | | - | community health needs assessment; |
|---|
| 10236 | | - | (B) The demographics of the population within the geographic |
|---|
| 10237 | | - | service area of the hospital and, to the extent feasible, a detailed |
|---|
| 10238 | | - | description of the health disparities, health risks, insurance status, |
|---|
| 10239 | | - | service utilization patterns and health care costs within such geographic |
|---|
| 10240 | | - | service area; |
|---|
| 10241 | | - | (C) A description of the health status and health disparities affecting |
|---|
| 10242 | | - | the population within the geographic service area of the hospital, |
|---|
| 10243 | | - | including, but not limited to, the health status and health disparities |
|---|
| 10244 | | - | affecting a representative spectrum of age, racial and ethnic groups, |
|---|
| 10245 | | - | incomes and medically underserved populations; |
|---|
| 10246 | | - | (D) A description of the meaningful participation afforded to |
|---|
| 10247 | | - | community benefit partners and diverse community members in |
|---|
| 10248 | | - | assessing community health needs, priorities and target populations; |
|---|
| 10249 | | - | (E) A description of the barriers to achieving or maintaining health |
|---|
| 10250 | | - | and to accessing health care, including, but not limited to, social, |
|---|
| 10251 | | - | economic and environmental barriers, lack of access to or availability of |
|---|
| 10252 | | - | sources of health care coverage and services and a lack of access to and |
|---|
| 10253 | | - | availability of prevention and health promotion services and support; |
|---|
| 10254 | | - | (F) Recommendations regarding the role that the state and other |
|---|
| 10255 | | - | community benefit partners could play in removing the barriers House Bill No. 5523 |
|---|
| 10256 | | - | |
|---|
| 10257 | | - | Public Act No. 24-81 281 of 351 |
|---|
| 10258 | | - | |
|---|
| 10259 | | - | described in subparagraph (E) of this subdivision and enabling effective |
|---|
| 10260 | | - | solutions; and |
|---|
| 10261 | | - | (G) Any additional information, data or disclosures that the hospital |
|---|
| 10262 | | - | voluntarily chooses to include as may be relevant to its community |
|---|
| 10263 | | - | benefit program. |
|---|
| 10264 | | - | (d) Each hospital shall submit its implementation strategy to the |
|---|
| 10265 | | - | Office of Health Strategy not later than thirty days after the date on |
|---|
| 10266 | | - | which such implementation strategy is adopted pursuant to 26 CFR |
|---|
| 10267 | | - | 1.501(r)-(3)(c), provided the [executive director of the Office] |
|---|
| 10268 | | - | Commissioner of Health Strategy, or the [executive director's] |
|---|
| 10269 | | - | commissioner's designee, may grant an extension to a hospital for the |
|---|
| 10270 | | - | filing of such implementation strategy. Such submission shall contain |
|---|
| 10271 | | - | the following: |
|---|
| 10272 | | - | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)- |
|---|
| 10273 | | - | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the |
|---|
| 10274 | | - | Internal Revenue Service: |
|---|
| 10275 | | - | (A) With respect to each significant health need identified through |
|---|
| 10276 | | - | the community health needs assessment, either (i) a description of how |
|---|
| 10277 | | - | the hospital plans to address the health need, or (ii) identification of the |
|---|
| 10278 | | - | health need as one which the hospital does not intend to address; |
|---|
| 10279 | | - | (B) For significant health needs described in subparagraph (A)(i) of |
|---|
| 10280 | | - | this subdivision, (i) a description of the actions that the hospital intends |
|---|
| 10281 | | - | to take to address the health need and the anticipated impact of such |
|---|
| 10282 | | - | actions, (ii) identification of the resources that the hospital plans to |
|---|
| 10283 | | - | commit to address the health need, and (iii) a description of any planned |
|---|
| 10284 | | - | collaboration between the hospital and other facilities or organizations |
|---|
| 10285 | | - | to address the health need; |
|---|
| 10286 | | - | (C) For significant health needs identified in subparagraph (A)(ii) of |
|---|
| 10287 | | - | this subdivision, an explanation of why the hospital does not intend to House Bill No. 5523 |
|---|
| 10288 | | - | |
|---|
| 10289 | | - | Public Act No. 24-81 282 of 351 |
|---|
| 10290 | | - | |
|---|
| 10291 | | - | address such health need; and |
|---|
| 10292 | | - | (2) Additional documentation of the following: |
|---|
| 10293 | | - | (A) The names of the individuals responsible for developing the |
|---|
| 10294 | | - | implementation strategy; |
|---|
| 10295 | | - | (B) A description of the meaningful participation afforded to |
|---|
| 10296 | | - | community benefit partners and diverse community members; |
|---|
| 10297 | | - | (C) A description of the community health needs and health |
|---|
| 10298 | | - | disparities that were prioritized in developing the implementation |
|---|
| 10299 | | - | strategy with consideration given to the most recent version of the state |
|---|
| 10300 | | - | health plan prepared by the Department of Public Health pursuant to |
|---|
| 10301 | | - | section 19a-7; |
|---|
| 10302 | | - | (D) Reference-citing evidence, if available, that shows how the |
|---|
| 10303 | | - | implementation strategy is intended to address the corresponding |
|---|
| 10304 | | - | health need or reduction in health disparity; |
|---|
| 10305 | | - | (E) A description of the planned methods for the ongoing evaluation |
|---|
| 10306 | | - | of proposed actions and corresponding process or outcome measures |
|---|
| 10307 | | - | intended for use in assessing progress or impact; |
|---|
| 10308 | | - | (F) A description of how the hospital solicited commentary on the |
|---|
| 10309 | | - | implementation strategy from the communities within such hospital's |
|---|
| 10310 | | - | geographic service area and revisions to such strategy based on such |
|---|
| 10311 | | - | commentary; and |
|---|
| 10312 | | - | (G) Any other information that the hospital voluntarily chooses to |
|---|
| 10313 | | - | include as may be relevant to its implementation strategy, including, but |
|---|
| 10314 | | - | not limited to, data, disclosures, expected or planned resource outlay, |
|---|
| 10315 | | - | investments or commitments, including, but not limited to, staff, |
|---|
| 10316 | | - | financial or in-kind commitments. |
|---|
| 10317 | | - | (e) On or before October 1, 2023, and annually thereafter, each House Bill No. 5523 |
|---|
| 10318 | | - | |
|---|
| 10319 | | - | Public Act No. 24-81 283 of 351 |
|---|
| 10320 | | - | |
|---|
| 10321 | | - | hospital shall submit to the Office of Health Strategy a status report on |
|---|
| 10322 | | - | such hospital's community benefit program, provided the [executive |
|---|
| 10323 | | - | director of the Office] Commissioner of Health Strategy, or the |
|---|
| 10324 | | - | [executive director's] commissioner's designee, may grant an extension |
|---|
| 10325 | | - | to a hospital for the filing of such report. Such report shall include the |
|---|
| 10326 | | - | following: |
|---|
| 10327 | | - | (1) A description of major updates regarding community health |
|---|
| 10328 | | - | needs, priorities and target populations, if any; |
|---|
| 10329 | | - | (2) A description of progress made regarding the hospital's actions in |
|---|
| 10330 | | - | support of its implementation strategy; |
|---|
| 10331 | | - | (3) A description of any major changes to the proposed |
|---|
| 10332 | | - | implementation strategy and associated hospital actions; and |
|---|
| 10333 | | - | (4) A description of financial resources and other resources allocated |
|---|
| 10334 | | - | or expended that supported the actions taken in support of the hospital's |
|---|
| 10335 | | - | implementation strategy. |
|---|
| 10336 | | - | (f) Notwithstanding the provisions of section 19a-755a, and to the full |
|---|
| 10337 | | - | extent permitted by 45 CFR 164.514(e), the Office of Health Strategy |
|---|
| 10338 | | - | shall make data in the all-payer claims database available to hospitals |
|---|
| 10339 | | - | for use in their community benefit programs and activities solely for the |
|---|
| 10340 | | - | purposes of (1) preparing the hospital's community health needs |
|---|
| 10341 | | - | assessment, (2) preparing and executing the hospital's implementation |
|---|
| 10342 | | - | strategy, and (3) fulfilling community benefit program reporting, as |
|---|
| 10343 | | - | described in subsections (c) to (e), inclusive, of this section. Any |
|---|
| 10344 | | - | disclosure made by said office pursuant to this subsection of |
|---|
| 10345 | | - | information other than health information shall be made in a manner to |
|---|
| 10346 | | - | protect the confidentiality of such information as may be required by |
|---|
| 10347 | | - | state or federal law. |
|---|
| 10348 | | - | (g) A hospital shall not be responsible for limitations in its ability to |
|---|
| 10349 | | - | fulfill community benefit program reporting requirements, as described House Bill No. 5523 |
|---|
| 10350 | | - | |
|---|
| 10351 | | - | Public Act No. 24-81 284 of 351 |
|---|
| 10352 | | - | |
|---|
| 10353 | | - | in subsections (c) to (e), inclusive, of this section, if the all-payer claims |
|---|
| 10354 | | - | database data is not provided to such hospital, as required by subsection |
|---|
| 10355 | | - | (f) of this section. |
|---|
| 10356 | | - | (h) On or before April 1, 2024, and annually thereafter, the [executive |
|---|
| 10357 | | - | director of the Office] Commissioner of Health Strategy shall develop a |
|---|
| 10358 | | - | summary and analysis of the community benefit program reporting |
|---|
| 10359 | | - | submitted by hospitals under this section during the previous calendar |
|---|
| 10360 | | - | year and post such summary and analysis on its Internet web site and |
|---|
| 10361 | | - | solicit stakeholder input through a public comment period. The Office |
|---|
| 10362 | | - | of Health Strategy shall use such reporting and stakeholder input to: |
|---|
| 10363 | | - | (1) Identify additional stakeholders that may be engaged to address |
|---|
| 10364 | | - | identified community health needs including, but not limited to, federal, |
|---|
| 10365 | | - | state and municipal entities, nonhospital private sector health care |
|---|
| 10366 | | - | providers and private sector entities that are not health care providers, |
|---|
| 10367 | | - | including community-based organizations, insurers and charitable |
|---|
| 10368 | | - | organizations; |
|---|
| 10369 | | - | (2) Determine how each identified stakeholder could assist in |
|---|
| 10370 | | - | addressing identified community health needs or augmenting solutions |
|---|
| 10371 | | - | or approaches reported in the implementation strategies; |
|---|
| 10372 | | - | (3) Determine whether to make recommendations to the Department |
|---|
| 10373 | | - | of Public Health in the development of its state health plan; and |
|---|
| 10374 | | - | (4) Inform the state-wide health care facilities and services plan |
|---|
| 10375 | | - | established pursuant to section 19a-634. |
|---|
| 10376 | | - | Sec. 187. Subdivision (6) of section 19a-486 of the general statutes is |
|---|
| 10377 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 10378 | | - | passage): |
|---|
| 10379 | | - | (6) ["Executive director"] "Commissioner" means the [executive |
|---|
| 10380 | | - | director of the Office] Commissioner of Health Strategy, [established House Bill No. 5523 |
|---|
| 10381 | | - | |
|---|
| 10382 | | - | Public Act No. 24-81 285 of 351 |
|---|
| 10383 | | - | |
|---|
| 10384 | | - | under section 19a-754a,] or the [executive director's] commissioner's |
|---|
| 10385 | | - | designee. |
|---|
| 10386 | | - | Sec. 188. Section 19a-486a of the general statutes is repealed and the |
|---|
| 10387 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10388 | | - | (a) No nonprofit hospital shall enter into an agreement to transfer a |
|---|
| 10389 | | - | material amount of its assets or operations or a change in control of |
|---|
| 10390 | | - | operations to a person that is organized or operated for profit without |
|---|
| 10391 | | - | first having received approval of the agreement by the [executive |
|---|
| 10392 | | - | director] commissioner and the Attorney General pursuant to sections |
|---|
| 10393 | | - | 19a-486 to 19a-486h, inclusive, and pursuant to the Attorney General's |
|---|
| 10394 | | - | authority under section 3-125. Any such agreement without the |
|---|
| 10395 | | - | approval required by sections 19a-486 to 19a-486h, inclusive, shall be |
|---|
| 10396 | | - | void. |
|---|
| 10397 | | - | (b) Prior to any transaction described in subsection (a) of this section, |
|---|
| 10398 | | - | the nonprofit hospital and the purchaser shall concurrently submit a |
|---|
| 10399 | | - | certificate of need determination letter as described in subsection (c) of |
|---|
| 10400 | | - | section 19a-638 to the [executive director] commissioner and the |
|---|
| 10401 | | - | Attorney General by serving it on them by certified mail, return receipt |
|---|
| 10402 | | - | requested, or delivering it by hand to each office. The certificate of need |
|---|
| 10403 | | - | determination letter shall contain: (1) The name and address of the |
|---|
| 10404 | | - | nonprofit hospital; (2) the name and address of the purchaser; (3) a brief |
|---|
| 10405 | | - | description of the terms of the proposed agreement; and (4) the |
|---|
| 10406 | | - | estimated capital expenditure, cost or value associated with the |
|---|
| 10407 | | - | proposed agreement. The certificate of need determination letter shall |
|---|
| 10408 | | - | be subject to disclosure pursuant to section 1-210. |
|---|
| 10409 | | - | (c) Not later than thirty days after receipt of the certificate of need |
|---|
| 10410 | | - | determination letter by the [executive director] commissioner and the |
|---|
| 10411 | | - | Attorney General, the purchaser and the nonprofit hospital shall hold a |
|---|
| 10412 | | - | hearing on the contents of the certificate of need determination letter in |
|---|
| 10413 | | - | the municipality in which the new hospital is proposed to be located. House Bill No. 5523 |
|---|
| 10414 | | - | |
|---|
| 10415 | | - | Public Act No. 24-81 286 of 351 |
|---|
| 10416 | | - | |
|---|
| 10417 | | - | The nonprofit hospital shall provide not less than two weeks' advance |
|---|
| 10418 | | - | notice of the hearing to the public by publication in a newspaper having |
|---|
| 10419 | | - | a substantial circulation in the affected community for not less than |
|---|
| 10420 | | - | three consecutive days. Such notice shall contain substantially the same |
|---|
| 10421 | | - | information as in the certificate of need determination letter. The |
|---|
| 10422 | | - | purchaser and the nonprofit hospital shall record and transcribe the |
|---|
| 10423 | | - | hearing and make such recording or transcription available to the |
|---|
| 10424 | | - | [executive director] commissioner, the Attorney General or members of |
|---|
| 10425 | | - | the public upon request. A public hearing held in accordance with the |
|---|
| 10426 | | - | provisions of section 19a-639a shall satisfy the requirements of this |
|---|
| 10427 | | - | subsection. |
|---|
| 10428 | | - | (d) The [executive director] commissioner and the Attorney General |
|---|
| 10429 | | - | shall review the certificate of need determination letter. The Attorney |
|---|
| 10430 | | - | General shall determine whether the agreement requires approval |
|---|
| 10431 | | - | pursuant to this chapter. If such approval is required, the [executive |
|---|
| 10432 | | - | director] commissioner and the Attorney General shall transmit to the |
|---|
| 10433 | | - | purchaser and the nonprofit hospital an application form for approval |
|---|
| 10434 | | - | pursuant to this chapter, unless the [executive director] commissioner |
|---|
| 10435 | | - | refuses to accept a filed or submitted certificate of need determination |
|---|
| 10436 | | - | letter. Such application form shall require the following information: (1) |
|---|
| 10437 | | - | The name and address of the nonprofit hospital; (2) the name and |
|---|
| 10438 | | - | address of the purchaser; (3) a description of the terms of the proposed |
|---|
| 10439 | | - | agreement; (4) copies of all contracts, agreements and memoranda of |
|---|
| 10440 | | - | understanding relating to the proposed agreement; (5) a fairness |
|---|
| 10441 | | - | evaluation by an independent person who is an expert in such |
|---|
| 10442 | | - | agreements, that includes an analysis of each of the criteria set forth in |
|---|
| 10443 | | - | section 19a-486c; (6) documentation that the nonprofit hospital |
|---|
| 10444 | | - | exercised the due diligence required by subdivision (2) of subsection (a) |
|---|
| 10445 | | - | of section 19a-486c, including disclosure of the terms of any other offers |
|---|
| 10446 | | - | to transfer assets or operations or change control of operations received |
|---|
| 10447 | | - | by the nonprofit hospital and the reason for rejection of such offers; and |
|---|
| 10448 | | - | (7) such other information as the [executive director] commissioner or House Bill No. 5523 |
|---|
| 10449 | | - | |
|---|
| 10450 | | - | Public Act No. 24-81 287 of 351 |
|---|
| 10451 | | - | |
|---|
| 10452 | | - | the Attorney General deem necessary to their review pursuant to the |
|---|
| 10453 | | - | provisions of sections 19a-486 to 19a-486f, inclusive, and chapter 368z. |
|---|
| 10454 | | - | The application shall be subject to disclosure pursuant to section 1-210. |
|---|
| 10455 | | - | (e) No later than sixty days after the date of mailing of the application |
|---|
| 10456 | | - | form, the nonprofit hospital and the purchaser shall concurrently file an |
|---|
| 10457 | | - | application with the [executive director] commissioner and the Attorney |
|---|
| 10458 | | - | General containing all the required information. The [executive |
|---|
| 10459 | | - | director] commissioner and the Attorney General shall review the |
|---|
| 10460 | | - | application and determine whether the application is complete. The |
|---|
| 10461 | | - | [executive director] commissioner and the Attorney General shall, no |
|---|
| 10462 | | - | later than twenty days after the date of their receipt of the application, |
|---|
| 10463 | | - | provide written notice to the nonprofit hospital and the purchaser of |
|---|
| 10464 | | - | any deficiencies in the application. Such application shall not be deemed |
|---|
| 10465 | | - | complete until such deficiencies are corrected. |
|---|
| 10466 | | - | (f) No later than twenty-five days after the date of their receipt of the |
|---|
| 10467 | | - | completed application under this section, the [executive director] |
|---|
| 10468 | | - | commissioner and the Attorney General shall jointly publish a summary |
|---|
| 10469 | | - | of such agreement in a newspaper of general circulation where the |
|---|
| 10470 | | - | nonprofit hospital is located. |
|---|
| 10471 | | - | (g) Any person may seek to intervene in the proceedings under |
|---|
| 10472 | | - | section 19a-486e, in the same manner as provided in section 4-177a. |
|---|
| 10473 | | - | Sec. 189. Section 19a-486b of the general statutes is repealed and the |
|---|
| 10474 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10475 | | - | (a) Not later than one hundred twenty days after the date of receipt |
|---|
| 10476 | | - | of the completed application pursuant to subsection (e) of section 19a- |
|---|
| 10477 | | - | 486a, the Attorney General and the [executive director] commissioner |
|---|
| 10478 | | - | shall approve the application, with or without modification, or deny the |
|---|
| 10479 | | - | application. The [executive director] commissioner shall also determine, |
|---|
| 10480 | | - | in accordance with the provisions of chapter 368z, whether to approve, House Bill No. 5523 |
|---|
| 10481 | | - | |
|---|
| 10482 | | - | Public Act No. 24-81 288 of 351 |
|---|
| 10483 | | - | |
|---|
| 10484 | | - | with or without modification, or deny the application for a certificate of |
|---|
| 10485 | | - | need that is part of the completed application. Notwithstanding the |
|---|
| 10486 | | - | provisions of section 19a-639a, the [executive director] commissioner |
|---|
| 10487 | | - | shall complete the decision on the application for a certificate of need |
|---|
| 10488 | | - | within the same time period as the completed application. Such one- |
|---|
| 10489 | | - | hundred-twenty-day period may be extended by (1) agreement of the |
|---|
| 10490 | | - | Attorney General, the [executive director] commissioner, the nonprofit |
|---|
| 10491 | | - | hospital and the purchaser, or (2) the [executive director] commissioner |
|---|
| 10492 | | - | for an additional one hundred twenty days pending completion of a cost |
|---|
| 10493 | | - | and market impact review conducted pursuant to section 19a-639f. If the |
|---|
| 10494 | | - | Attorney General initiates a proceeding to enforce a subpoena pursuant |
|---|
| 10495 | | - | to section 19a-486c or 19a-486d, the one-hundred-twenty-day period |
|---|
| 10496 | | - | shall be tolled until the final court decision on the last pending |
|---|
| 10497 | | - | enforcement proceeding, including any appeal or time for the filing of |
|---|
| 10498 | | - | such appeal. Unless the one-hundred-twenty-day period is extended |
|---|
| 10499 | | - | pursuant to this section, if the [executive director] commissioner and |
|---|
| 10500 | | - | Attorney General fail to take action on an agreement prior to the one |
|---|
| 10501 | | - | hundred twenty-first day after the date of the filing of the completed |
|---|
| 10502 | | - | application, the application shall be deemed approved. |
|---|
| 10503 | | - | (b) The [executive director] commissioner and the Attorney General |
|---|
| 10504 | | - | may place any conditions on the approval of an application that relate |
|---|
| 10505 | | - | to the purposes of sections 19a-486a to 19a-486h, inclusive. In placing |
|---|
| 10506 | | - | any such conditions the [executive director] commissioner shall follow |
|---|
| 10507 | | - | the guidelines and criteria described in subdivision (4) of subsection (d) |
|---|
| 10508 | | - | of section 19a-639. Any such conditions may be in addition to any |
|---|
| 10509 | | - | conditions placed by the [executive director] commissioner pursuant to |
|---|
| 10510 | | - | subdivision (4) of subsection (d) of section 19a-639. |
|---|
| 10511 | | - | Sec. 190. Section 19a-486d of the general statutes is repealed and the |
|---|
| 10512 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10513 | | - | (a) The [executive director] commissioner shall deny an application |
|---|
| 10514 | | - | filed pursuant to subsection (d) of section 19a-486a unless the [executive House Bill No. 5523 |
|---|
| 10515 | | - | |
|---|
| 10516 | | - | Public Act No. 24-81 289 of 351 |
|---|
| 10517 | | - | |
|---|
| 10518 | | - | director] commissioner finds that: (1) In a situation where the asset or |
|---|
| 10519 | | - | operation to be transferred provides or has provided health care services |
|---|
| 10520 | | - | to the uninsured or underinsured, the purchaser has made a |
|---|
| 10521 | | - | commitment to provide health care to the uninsured and the |
|---|
| 10522 | | - | underinsured; (2) in a situation where health care providers or insurers |
|---|
| 10523 | | - | will be offered the opportunity to invest or own an interest in the |
|---|
| 10524 | | - | purchaser or an entity related to the purchaser safeguard procedures are |
|---|
| 10525 | | - | in place to avoid a conflict of interest in patient referral; and (3) |
|---|
| 10526 | | - | certificate of need authorization is justified in accordance with chapter |
|---|
| 10527 | | - | 368z. The [executive director] commissioner may contract with any |
|---|
| 10528 | | - | person, including, but not limited to, financial or actuarial experts or |
|---|
| 10529 | | - | consultants, or legal experts with the approval of the Attorney General, |
|---|
| 10530 | | - | to assist in reviewing the completed application. The [executive |
|---|
| 10531 | | - | director] commissioner shall submit any bills for such contracts to the |
|---|
| 10532 | | - | purchaser. Such bills shall not exceed one hundred fifty thousand |
|---|
| 10533 | | - | dollars. The purchaser shall pay such bills no later than thirty days after |
|---|
| 10534 | | - | the date of receipt of such bills. |
|---|
| 10535 | | - | (b) The [executive director] commissioner may, during the course of |
|---|
| 10536 | | - | a review required by this section: (1) Issue in writing and cause to be |
|---|
| 10537 | | - | served upon any person, by subpoena, a demand that such person |
|---|
| 10538 | | - | appear before the [executive director] commissioner and give testimony |
|---|
| 10539 | | - | or produce documents as to any matters relevant to the scope of the |
|---|
| 10540 | | - | review; and (2) issue written interrogatories, to be answered under oath, |
|---|
| 10541 | | - | as to any matters relevant to the scope of the review and prescribing a |
|---|
| 10542 | | - | return date that would allow a reasonable time to respond. If any person |
|---|
| 10543 | | - | fails to comply with the provisions of this subsection, the [executive |
|---|
| 10544 | | - | director] commissioner, through the Attorney General, may apply to the |
|---|
| 10545 | | - | superior court for the judicial district of Hartford seeking enforcement |
|---|
| 10546 | | - | of such subpoena. The superior court may, upon notice to such person, |
|---|
| 10547 | | - | issue and cause to be served an order requiring compliance. Service of |
|---|
| 10548 | | - | subpoenas ad testificandum, subpoenas duces tecum, notices of |
|---|
| 10549 | | - | deposition and written interrogatories as provided in this subsection House Bill No. 5523 |
|---|
| 10550 | | - | |
|---|
| 10551 | | - | Public Act No. 24-81 290 of 351 |
|---|
| 10552 | | - | |
|---|
| 10553 | | - | may be made by personal service at the usual place of abode or by |
|---|
| 10554 | | - | certified mail, return receipt requested, addressed to the person to be |
|---|
| 10555 | | - | served at such person's principal place of business within or without |
|---|
| 10556 | | - | this state or such person's residence. |
|---|
| 10557 | | - | Sec. 191. Section 19a-486e of the general statutes is repealed and the |
|---|
| 10558 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10559 | | - | Prior to making any decision to approve, with or without |
|---|
| 10560 | | - | modification, or deny any application filed pursuant to subsection (d) |
|---|
| 10561 | | - | of section 19a-486a, the Attorney General and the [executive director] |
|---|
| 10562 | | - | commissioner shall jointly conduct one or more public hearings, one of |
|---|
| 10563 | | - | which shall be in the primary service area of the nonprofit hospital. At |
|---|
| 10564 | | - | least fourteen days before conducting the public hearing, the Attorney |
|---|
| 10565 | | - | General and the [executive director] commissioner shall provide notice |
|---|
| 10566 | | - | of the time and place of the hearing through publication in one or more |
|---|
| 10567 | | - | newspapers of general circulation in the affected community. |
|---|
| 10568 | | - | Sec. 192. Section 19a-486f of the general statutes is repealed and the |
|---|
| 10569 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10570 | | - | If the [executive director] commissioner or the Attorney General |
|---|
| 10571 | | - | denies an application filed pursuant to subsection (d) of section 19a- |
|---|
| 10572 | | - | 486a, or approves it with modification, the nonprofit hospital or the |
|---|
| 10573 | | - | purchaser may appeal such decision in the same manner as provided in |
|---|
| 10574 | | - | section 4-183, provided that nothing in sections 19a-486 to 19a-486f, |
|---|
| 10575 | | - | inclusive, shall be construed to apply the provisions of chapter 54 to the |
|---|
| 10576 | | - | proceedings of the Attorney General. |
|---|
| 10577 | | - | Sec. 193. Section 19a-486g of the general statutes is repealed and the |
|---|
| 10578 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10579 | | - | The Commissioner of Public Health shall refuse to issue a license to, |
|---|
| 10580 | | - | or if issued shall suspend or revoke the license of, a hospital if the |
|---|
| 10581 | | - | commissioner finds, after a hearing and opportunity to be heard, that: House Bill No. 5523 |
|---|
| 10582 | | - | |
|---|
| 10583 | | - | Public Act No. 24-81 291 of 351 |
|---|
| 10584 | | - | |
|---|
| 10585 | | - | (1) There was a transaction described in section 19a-486a that |
|---|
| 10586 | | - | occurred without the approval of the [executive director] Commissioner |
|---|
| 10587 | | - | of Health Strategy, if such approval was required by sections 19a-486 to |
|---|
| 10588 | | - | 19a-486h, inclusive; |
|---|
| 10589 | | - | (2) There was a transaction described in section 19a-486a without the |
|---|
| 10590 | | - | approval of the Attorney General, if such approval was required by |
|---|
| 10591 | | - | sections 19a-486 to 19a-486h, inclusive, and the Attorney General |
|---|
| 10592 | | - | certifies to the [executive director] Commissioner of Health Strategy that |
|---|
| 10593 | | - | such transaction involved a material amount of the nonprofit hospital's |
|---|
| 10594 | | - | assets or operations or a change in control of operations; or |
|---|
| 10595 | | - | (3) The hospital is not complying with the terms of an agreement |
|---|
| 10596 | | - | approved by the Attorney General and [executive director] |
|---|
| 10597 | | - | Commissioner of Health Strategy pursuant to sections 19a-486 to 19a- |
|---|
| 10598 | | - | 486h, inclusive. |
|---|
| 10599 | | - | Sec. 194. Section 19a-486h of the general statutes is repealed and the |
|---|
| 10600 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10601 | | - | Nothing in sections 19a-486 to 19a-486h, inclusive, shall be construed |
|---|
| 10602 | | - | to limit: (1) The common law or statutory authority of the Attorney |
|---|
| 10603 | | - | General; (2) the statutory authority of the Commissioner of Public |
|---|
| 10604 | | - | Health including, but not limited to, licensing; (3) the statutory authority |
|---|
| 10605 | | - | of the [executive director of the Office] Commissioner of Health |
|---|
| 10606 | | - | Strategy, including, but not limited to, certificate of need authority; or |
|---|
| 10607 | | - | (4) the application of the doctrine of cy pres or approximation. |
|---|
| 10608 | | - | Sec. 195. Subsections (d) to (i), inclusive, of section 19a-486i of the |
|---|
| 10609 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 10610 | | - | thereof (Effective from passage): |
|---|
| 10611 | | - | (d) (1) The written notice required under subsection (c) of this section |
|---|
| 10612 | | - | shall identify each party to the transaction and describe the material |
|---|
| 10613 | | - | change as of the date of such notice to the business or corporate structure House Bill No. 5523 |
|---|
| 10614 | | - | |
|---|
| 10615 | | - | Public Act No. 24-81 292 of 351 |
|---|
| 10616 | | - | |
|---|
| 10617 | | - | of the group practice, including: (A) A description of the nature of the |
|---|
| 10618 | | - | proposed relationship among the parties to the proposed transaction; |
|---|
| 10619 | | - | (B) the names and specialties of each physician that is a member of the |
|---|
| 10620 | | - | group practice that is the subject of the proposed transaction and who |
|---|
| 10621 | | - | will practice medicine with the resulting group practice, hospital, |
|---|
| 10622 | | - | hospital system, captive professional entity, medical foundation or |
|---|
| 10623 | | - | other entity organized by, controlled by, or otherwise affiliated with |
|---|
| 10624 | | - | such hospital or hospital system following the effective date of the |
|---|
| 10625 | | - | transaction; (C) the names of the business entities that are to provide |
|---|
| 10626 | | - | services following the effective date of the transaction; (D) the address |
|---|
| 10627 | | - | for each location where such services are to be provided; (E) a |
|---|
| 10628 | | - | description of the services to be provided at each such location; and (F) |
|---|
| 10629 | | - | the primary service area to be served by each such location. |
|---|
| 10630 | | - | (2) Not later than thirty days after the effective date of any transaction |
|---|
| 10631 | | - | described in subsection (c) of this section, the parties to the transaction |
|---|
| 10632 | | - | shall submit written notice to the [executive director of the Office] |
|---|
| 10633 | | - | Commissioner of Health Strategy. Such written notice shall include, but |
|---|
| 10634 | | - | need not be limited to, the same information described in subdivision |
|---|
| 10635 | | - | (1) of this subsection. The [executive director] commissioner shall post |
|---|
| 10636 | | - | a link to such notice on the Office of Health Strategy's Internet web site. |
|---|
| 10637 | | - | (e) Not less than thirty days prior to the effective date of any |
|---|
| 10638 | | - | transaction that results in an affiliation between one hospital or hospital |
|---|
| 10639 | | - | system and another hospital or hospital system, the parties to the |
|---|
| 10640 | | - | affiliation shall submit written notice to the Attorney General of such |
|---|
| 10641 | | - | affiliation. Such written notice shall identify each party to the affiliation |
|---|
| 10642 | | - | and describe the affiliation as of the date of such notice, including: (1) A |
|---|
| 10643 | | - | description of the nature of the proposed relationship among the parties |
|---|
| 10644 | | - | to the affiliation; (2) the names of the business entities that are to provide |
|---|
| 10645 | | - | services following the effective date of the affiliation; (3) the address for |
|---|
| 10646 | | - | each location where such services are to be provided; (4) a description |
|---|
| 10647 | | - | of the services to be provided at each such location; and (5) the primary House Bill No. 5523 |
|---|
| 10648 | | - | |
|---|
| 10649 | | - | Public Act No. 24-81 293 of 351 |
|---|
| 10650 | | - | |
|---|
| 10651 | | - | service area to be served by each such location. |
|---|
| 10652 | | - | (f) Written information submitted to the Attorney General pursuant |
|---|
| 10653 | | - | to subsections (b) to (e), inclusive, of this section shall be maintained and |
|---|
| 10654 | | - | used by the Attorney General in the same manner as provided in section |
|---|
| 10655 | | - | 35-42. |
|---|
| 10656 | | - | (g) Not later than January 15, 2018, and annually thereafter, each |
|---|
| 10657 | | - | hospital and hospital system shall file with the Attorney General and |
|---|
| 10658 | | - | the [executive director of the Office] Commissioner of Health Strategy a |
|---|
| 10659 | | - | written report describing the activities of the group practices owned or |
|---|
| 10660 | | - | affiliated with such hospital or hospital system. Such report shall |
|---|
| 10661 | | - | include, for each such group practice: (1) A description of the nature of |
|---|
| 10662 | | - | the relationship between the hospital or hospital system and the group |
|---|
| 10663 | | - | practice; (2) the names and specialties of each physician practicing |
|---|
| 10664 | | - | medicine with the group practice; (3) the names of the business entities |
|---|
| 10665 | | - | that provide services as part of the group practice and the address for |
|---|
| 10666 | | - | each location where such services are provided; (4) a description of the |
|---|
| 10667 | | - | services provided at each such location; and (5) the primary service area |
|---|
| 10668 | | - | served by each such location. |
|---|
| 10669 | | - | (h) Not later than January 15, 2018, and annually thereafter, each |
|---|
| 10670 | | - | group practice comprised of thirty or more physicians that is not the |
|---|
| 10671 | | - | subject of a report filed under subsection (g) of this section shall file with |
|---|
| 10672 | | - | the Attorney General and the [executive director of the Office] |
|---|
| 10673 | | - | Commissioner of Health Strategy a written report concerning the group |
|---|
| 10674 | | - | practice. Such report shall include, for each such group practice: (1) The |
|---|
| 10675 | | - | names and specialties of each physician practicing medicine with the |
|---|
| 10676 | | - | group practice; (2) the names of the business entities that provide |
|---|
| 10677 | | - | services as part of the group practice and the address for each location |
|---|
| 10678 | | - | where such services are provided; (3) a description of the services |
|---|
| 10679 | | - | provided at each such location; and (4) the primary service area served |
|---|
| 10680 | | - | by each such location. House Bill No. 5523 |
|---|
| 10681 | | - | |
|---|
| 10682 | | - | Public Act No. 24-81 294 of 351 |
|---|
| 10683 | | - | |
|---|
| 10684 | | - | (i) Not later than January 15, 2018, and annually thereafter, each |
|---|
| 10685 | | - | hospital and hospital system shall file with the Attorney General and |
|---|
| 10686 | | - | the [executive director of the Office] Commissioner of Health Strategy a |
|---|
| 10687 | | - | written report describing each affiliation with another hospital or |
|---|
| 10688 | | - | hospital system. Such report shall include: (1) The name and address of |
|---|
| 10689 | | - | each party to the affiliation; (2) a description of the nature of the |
|---|
| 10690 | | - | relationship among the parties to the affiliation; (3) the names of the |
|---|
| 10691 | | - | business entities that provide services as part of the affiliation and the |
|---|
| 10692 | | - | address for each location where such services are provided; (4) a |
|---|
| 10693 | | - | description of the services provided at each such location; and (5) the |
|---|
| 10694 | | - | primary service area served by each such location. |
|---|
| 10695 | | - | Sec. 196. Subsections (l) and (m) of section 19a-508c of the 2024 |
|---|
| 10696 | | - | supplement to the general statutes are repealed and the following is |
|---|
| 10697 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 10698 | | - | (l) (1) Notwithstanding the provisions of this section, no hospital, |
|---|
| 10699 | | - | health system or hospital-based facility shall collect a facility fee for (A) |
|---|
| 10700 | | - | outpatient health care services that use a current procedural |
|---|
| 10701 | | - | terminology evaluation and management (CPT E/M) code or |
|---|
| 10702 | | - | assessment and management (CPT A/M) code and are provided at a |
|---|
| 10703 | | - | hospital-based facility located off-site from a hospital campus, or (B) |
|---|
| 10704 | | - | outpatient health care services provided at a hospital-based facility |
|---|
| 10705 | | - | located off-site from a hospital campus received by a patient who is |
|---|
| 10706 | | - | uninsured of more than the Medicare rate. |
|---|
| 10707 | | - | (2) Notwithstanding the provisions of this section, on and after July |
|---|
| 10708 | | - | 1, 2024, no hospital or health system shall collect a facility fee for |
|---|
| 10709 | | - | outpatient health care services that use a current procedural |
|---|
| 10710 | | - | terminology evaluation and management (CPT E/M) code or |
|---|
| 10711 | | - | assessment and management (CPT A/M) code and are provided on the |
|---|
| 10712 | | - | hospital campus. The provisions of this subdivision shall not apply to |
|---|
| 10713 | | - | (A) an emergency department located on a hospital campus, or (B) |
|---|
| 10714 | | - | observation stays on a hospital campus and (CPT E/M) and (CPT A/M) House Bill No. 5523 |
|---|
| 10715 | | - | |
|---|
| 10716 | | - | Public Act No. 24-81 295 of 351 |
|---|
| 10717 | | - | |
|---|
| 10718 | | - | codes when billed for the following services: (i) Wound care, (ii) |
|---|
| 10719 | | - | orthopedics, (iii) anticoagulation, (iv) oncology, (v) obstetrics, and (vi) |
|---|
| 10720 | | - | solid organ transplant. |
|---|
| 10721 | | - | (3) Notwithstanding the provisions of subdivisions (1) and (2) of this |
|---|
| 10722 | | - | subsection, in circumstances when an insurance contract that is in effect |
|---|
| 10723 | | - | on July 1, 2016, provides reimbursement for facility fees prohibited |
|---|
| 10724 | | - | under the provisions of subdivision (1) of this subsection, and in |
|---|
| 10725 | | - | circumstances when an insurance contract that is in effect on July 1, |
|---|
| 10726 | | - | 2024, provides reimbursement for facility fees prohibited under the |
|---|
| 10727 | | - | provisions of subdivision (2) of this subsection, a hospital or health |
|---|
| 10728 | | - | system may continue to collect reimbursement from the health insurer |
|---|
| 10729 | | - | for such facility fees until the applicable date of expiration, renewal or |
|---|
| 10730 | | - | amendment of such contract, whichever such date is the earliest. |
|---|
| 10731 | | - | (4) The provisions of this subsection shall not apply to a freestanding |
|---|
| 10732 | | - | emergency department. As used in this subdivision, "freestanding |
|---|
| 10733 | | - | emergency department" means a freestanding facility that (A) is |
|---|
| 10734 | | - | structurally separate and distinct from a hospital, (B) provides |
|---|
| 10735 | | - | emergency care, (C) is a department of a hospital licensed under chapter |
|---|
| 10736 | | - | 368v, and (D) has been issued a certificate of need to operate as a |
|---|
| 10737 | | - | freestanding emergency department pursuant to chapter 368z. |
|---|
| 10738 | | - | (5) (A) On and after July 1, 2024, if the [executive director of the |
|---|
| 10739 | | - | Office] Commissioner of Health Strategy receives information and has |
|---|
| 10740 | | - | a reasonable belief, after evaluating such information, that any hospital, |
|---|
| 10741 | | - | health system or hospital-based facility charged facility fees, other than |
|---|
| 10742 | | - | through isolated clerical or electronic billing errors, in violation of any |
|---|
| 10743 | | - | provision of this section, or rule or regulation adopted thereunder, such |
|---|
| 10744 | | - | hospital, health system or hospital-based facility shall be subject to a |
|---|
| 10745 | | - | civil penalty of up to one thousand dollars. The [executive director] |
|---|
| 10746 | | - | commissioner may issue a notice of violation and civil penalty by first |
|---|
| 10747 | | - | class mail or personal service. Such notice shall include: (i) A reference |
|---|
| 10748 | | - | to the section of the general statutes, rule or section of the regulations of House Bill No. 5523 |
|---|
| 10749 | | - | |
|---|
| 10750 | | - | Public Act No. 24-81 296 of 351 |
|---|
| 10751 | | - | |
|---|
| 10752 | | - | Connecticut state agencies believed or alleged to have been violated; (ii) |
|---|
| 10753 | | - | a short and plain language statement of the matters asserted or charged; |
|---|
| 10754 | | - | (iii) a description of the activity to cease; (iv) a statement of the amount |
|---|
| 10755 | | - | of the civil penalty or penalties that may be imposed; (v) a statement |
|---|
| 10756 | | - | concerning the right to a hearing; and (vi) a statement that such hospital, |
|---|
| 10757 | | - | health system or hospital-based facility may, not later than ten business |
|---|
| 10758 | | - | days after receipt of such notice, make a request for a hearing on the |
|---|
| 10759 | | - | matters asserted. |
|---|
| 10760 | | - | (B) The hospital, health system or hospital-based facility to whom |
|---|
| 10761 | | - | such notice is provided pursuant to subparagraph (A) of this |
|---|
| 10762 | | - | subdivision may, not later than ten business days after receipt of such |
|---|
| 10763 | | - | notice, make written application to the Office of Health Strategy to |
|---|
| 10764 | | - | request a hearing to demonstrate that such violation did not occur. The |
|---|
| 10765 | | - | failure to make a timely request for a hearing shall result in the issuance |
|---|
| 10766 | | - | of a cease and desist order or civil penalty. All hearings held under this |
|---|
| 10767 | | - | subsection shall be conducted in accordance with the provisions of |
|---|
| 10768 | | - | chapter 54. |
|---|
| 10769 | | - | (C) Following any hearing before the Office of Health Strategy |
|---|
| 10770 | | - | pursuant to this subdivision, if said office finds, by a preponderance of |
|---|
| 10771 | | - | the evidence, that such hospital, health system or hospital-based facility |
|---|
| 10772 | | - | violated or is violating any provision of this subsection, any rule or |
|---|
| 10773 | | - | regulation adopted thereunder or any order issued by said office, said |
|---|
| 10774 | | - | office shall issue a final cease and desist order in addition to any civil |
|---|
| 10775 | | - | penalty said office imposes. |
|---|
| 10776 | | - | (m) (1) Each hospital and health system shall report not later than |
|---|
| 10777 | | - | October 1, 2023, and thereafter not later than July 1, 2024, and annually |
|---|
| 10778 | | - | thereafter, to the [executive director of the Office] Commissioner of |
|---|
| 10779 | | - | Health Strategy, on a form prescribed by the [executive director] |
|---|
| 10780 | | - | commissioner, concerning facility fees charged or billed during the |
|---|
| 10781 | | - | preceding calendar year. Such report shall include, but need not be |
|---|
| 10782 | | - | limited to, (A) the name and address of each facility owned or operated House Bill No. 5523 |
|---|
| 10783 | | - | |
|---|
| 10784 | | - | Public Act No. 24-81 297 of 351 |
|---|
| 10785 | | - | |
|---|
| 10786 | | - | by the hospital or health system that provides services for which a |
|---|
| 10787 | | - | facility fee is charged or billed, and an indication as to whether each |
|---|
| 10788 | | - | facility is located on or outside of the hospital or health system campus, |
|---|
| 10789 | | - | (B) the number of patient visits at each such facility for which a facility |
|---|
| 10790 | | - | fee was charged or billed, (C) the number, total amount and range of |
|---|
| 10791 | | - | allowable facility fees paid at each such facility disaggregated by payer |
|---|
| 10792 | | - | mix, (D) for each facility, the total amount of facility fees charged and |
|---|
| 10793 | | - | the total amount of revenue received by the hospital or health system |
|---|
| 10794 | | - | derived from facility fees, (E) the total amount of facility fees charged |
|---|
| 10795 | | - | and the total amount of revenue received by the hospital or health |
|---|
| 10796 | | - | system from all facilities derived from facility fees, (F) a description of |
|---|
| 10797 | | - | the ten procedures or services that generated the greatest amount of |
|---|
| 10798 | | - | facility fee gross revenue, disaggregated by current procedural |
|---|
| 10799 | | - | terminology category (CPT) code for each such procedure or service |
|---|
| 10800 | | - | and, for each such procedure or service, patient volume and the total |
|---|
| 10801 | | - | amount of gross and net revenue received by the hospital or health |
|---|
| 10802 | | - | system derived from facility fees, disaggregated by on-campus and off- |
|---|
| 10803 | | - | campus, and (G) the top ten procedures or services for which facility |
|---|
| 10804 | | - | fees are charged based on patient volume and the gross and net revenue |
|---|
| 10805 | | - | received by the hospital or health system for each such procedure or |
|---|
| 10806 | | - | service, disaggregated by on-campus and off-campus. For purposes of |
|---|
| 10807 | | - | this subsection, "facility" means a hospital-based facility that is located |
|---|
| 10808 | | - | on a hospital campus or outside a hospital campus. |
|---|
| 10809 | | - | (2) The [executive director] commissioner shall publish the |
|---|
| 10810 | | - | information reported pursuant to subdivision (1) of this subsection, or |
|---|
| 10811 | | - | post a link to such information, on the Internet web site of the Office of |
|---|
| 10812 | | - | Health Strategy. |
|---|
| 10813 | | - | Sec. 197. Subsection (a) of section 19a-612 of the general statutes is |
|---|
| 10814 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 10815 | | - | passage): |
|---|
| 10816 | | - | (a) There is established, within the Office of Health Strategy, House Bill No. 5523 |
|---|
| 10817 | | - | |
|---|
| 10818 | | - | Public Act No. 24-81 298 of 351 |
|---|
| 10819 | | - | |
|---|
| 10820 | | - | established under section 19a-754a, a unit to be known as the Health |
|---|
| 10821 | | - | Systems Planning Unit. The unit, under the direction of the [executive |
|---|
| 10822 | | - | director of the Office] Commissioner of Health Strategy, shall constitute |
|---|
| 10823 | | - | a successor to the former Office of Health Care Access, in accordance |
|---|
| 10824 | | - | with the provisions of sections 4-38d and 4-39. |
|---|
| 10825 | | - | Sec. 198. Section 19a-612d of the general statutes is repealed and the |
|---|
| 10826 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10827 | | - | (a) The [executive director of the Office] Commissioner of Health |
|---|
| 10828 | | - | Strategy shall oversee the Health Systems Planning Unit and shall |
|---|
| 10829 | | - | exercise independent decision-making authority over all certificate of |
|---|
| 10830 | | - | need decisions. |
|---|
| 10831 | | - | (b) Notwithstanding the provisions of subsection (a) of this section, |
|---|
| 10832 | | - | the Deputy Commissioner of Public Health shall retain independent |
|---|
| 10833 | | - | decision-making authority over only the certificate of need applications |
|---|
| 10834 | | - | that are pending before the Office of Health Care Access and have been |
|---|
| 10835 | | - | deemed completed by said office on or before May 14, 2018. Following |
|---|
| 10836 | | - | the issuance by the Deputy Commissioner of Public Health of a final |
|---|
| 10837 | | - | decision on any such certificate of need application, the [executive |
|---|
| 10838 | | - | director of the Office] Commissioner of Health Strategy shall exercise |
|---|
| 10839 | | - | independent authority on any further action required on such certificate |
|---|
| 10840 | | - | of need application or the certificate of need issued pursuant to such |
|---|
| 10841 | | - | application. |
|---|
| 10842 | | - | Sec. 199. Subsection (c) of section 19a-613 of the 2024 supplement to |
|---|
| 10843 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 10844 | | - | thereof (Effective from passage): |
|---|
| 10845 | | - | (c) The [executive director of the Office] Commissioner of Health |
|---|
| 10846 | | - | Strategy, or any person the [executive director] commissioner |
|---|
| 10847 | | - | designates, may conduct a hearing and render a final decision in any |
|---|
| 10848 | | - | case when a hearing is required or authorized under the provisions of House Bill No. 5523 |
|---|
| 10849 | | - | |
|---|
| 10850 | | - | Public Act No. 24-81 299 of 351 |
|---|
| 10851 | | - | |
|---|
| 10852 | | - | any statute dealing with the Health Systems Planning Unit. |
|---|
| 10853 | | - | Sec. 200. Section 19a-614 of the general statutes is repealed and the |
|---|
| 10854 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 10855 | | - | The [executive director of the Office] Commissioner of Health |
|---|
| 10856 | | - | Strategy may employ and pay professional and support staff subject to |
|---|
| 10857 | | - | the provisions of chapter 67 and contract with and engage consultants |
|---|
| 10858 | | - | and other independent professionals as may be necessary or desirable |
|---|
| 10859 | | - | to carry out the functions of the Health Systems Planning Unit. |
|---|
| 10860 | | - | Sec. 201. Subdivision (7) of section 19a-630 of the general statutes is |
|---|
| 10861 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 10862 | | - | passage): |
|---|
| 10863 | | - | (7) ["Executive director"] "Commissioner" means the [executive |
|---|
| 10864 | | - | director of the Office] Commissioner of Health Strategy. |
|---|
| 10865 | | - | Sec. 202. Subsection (b) of section 19a-631 of the general statutes is |
|---|
| 10866 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 10867 | | - | passage): |
|---|
| 10868 | | - | (b) Each hospital shall annually pay to the [executive director of the |
|---|
| 10869 | | - | Office] Commissioner of Health Strategy, for deposit in the General |
|---|
| 10870 | | - | Fund, an amount equal to its share of the actual expenditures made by |
|---|
| 10871 | | - | the unit during each fiscal year including the cost of fringe benefits for |
|---|
| 10872 | | - | unit personnel as estimated by the Comptroller, the amount of expenses |
|---|
| 10873 | | - | for central state services attributable to the unit for the fiscal year as |
|---|
| 10874 | | - | estimated by the Comptroller, plus the expenditures made on behalf of |
|---|
| 10875 | | - | the unit from the Capital Equipment Purchase Fund pursuant to section |
|---|
| 10876 | | - | 4a-9 for such year. Payments shall be made by assessment of all |
|---|
| 10877 | | - | hospitals of the costs calculated and collected in accordance with the |
|---|
| 10878 | | - | provisions of this section and section 19a-632. If for any reason a hospital |
|---|
| 10879 | | - | ceases operation, any unpaid assessment for the operations of the unit |
|---|
| 10880 | | - | shall be reapportioned among the remaining hospitals to be paid in House Bill No. 5523 |
|---|
| 10881 | | - | |
|---|
| 10882 | | - | Public Act No. 24-81 300 of 351 |
|---|
| 10883 | | - | |
|---|
| 10884 | | - | addition to any other assessment. |
|---|
| 10885 | | - | Sec. 203. Subsections (d) and (e) of section 19a-632 of the general |
|---|
| 10886 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 10887 | | - | (Effective from passage): |
|---|
| 10888 | | - | (d) Immediately following the close of each state fiscal year the |
|---|
| 10889 | | - | [executive director] commissioner shall recalculate the proposed |
|---|
| 10890 | | - | assessment for each hospital based on the costs of the unit in accordance |
|---|
| 10891 | | - | with subsection (b) of this section using the actual expenditures made |
|---|
| 10892 | | - | by the unit during that fiscal year and the actual expenditures made on |
|---|
| 10893 | | - | behalf of the unit from the Capital Equipment Purchase Fund pursuant |
|---|
| 10894 | | - | to section 4a-9. On or before August thirty-first, annually, the unit shall |
|---|
| 10895 | | - | render to each hospital a statement showing the difference between the |
|---|
| 10896 | | - | respective recalculated assessment and the amount previously paid. On |
|---|
| 10897 | | - | or before September thirtieth, the [executive director] commissioner, |
|---|
| 10898 | | - | after receiving any objections to such statements, shall make such |
|---|
| 10899 | | - | adjustments which in said [executive director's] commissioner's opinion |
|---|
| 10900 | | - | may be indicated and shall render an adjusted assessment, if any, to the |
|---|
| 10901 | | - | affected hospitals. Adjustments to reflect any credit or amount due |
|---|
| 10902 | | - | under the recalculated assessment for the previous state fiscal year shall |
|---|
| 10903 | | - | be made to the proposed assessment due on or before December thirty- |
|---|
| 10904 | | - | first of the following state fiscal year. |
|---|
| 10905 | | - | (e) If any assessment is not paid when due, the [executive director] |
|---|
| 10906 | | - | commissioner shall impose a fee equal to (1) two per cent of the |
|---|
| 10907 | | - | assessment if such failure to pay is for not more than five days, (2) five |
|---|
| 10908 | | - | per cent of the assessment if such failure to pay is for more than five |
|---|
| 10909 | | - | days but not more than fifteen days, or (3) ten per cent of the assessment |
|---|
| 10910 | | - | if such failure to pay is for more than fifteen days. If a hospital fails to |
|---|
| 10911 | | - | pay any assessment for more than thirty days after the date when due, |
|---|
| 10912 | | - | the [executive director] commissioner may, in addition to the fees |
|---|
| 10913 | | - | imposed pursuant to this subsection, impose a civil penalty of up to one |
|---|
| 10914 | | - | thousand dollars per day for each day past the initial thirty days that the House Bill No. 5523 |
|---|
| 10915 | | - | |
|---|
| 10916 | | - | Public Act No. 24-81 301 of 351 |
|---|
| 10917 | | - | |
|---|
| 10918 | | - | assessment is not paid. Any civil penalty authorized by this subsection |
|---|
| 10919 | | - | shall be imposed by the [executive director] commissioner in accordance |
|---|
| 10920 | | - | with subsections (b) to (e), inclusive, of section 19a-653. |
|---|
| 10921 | | - | Sec. 204. Subsections (a) and (b) of section 19a-633 of the 2024 |
|---|
| 10922 | | - | supplement to the general statutes are repealed and the following is |
|---|
| 10923 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 10924 | | - | (a) The [executive director] commissioner, or any agent authorized |
|---|
| 10925 | | - | by [such executive director] the commissioner to conduct any inquiry, |
|---|
| 10926 | | - | investigation or hearing under the provisions of this chapter, shall have |
|---|
| 10927 | | - | power to administer oaths and take testimony under oath relative to the |
|---|
| 10928 | | - | matter of inquiry or investigation. At any hearing ordered by the unit, |
|---|
| 10929 | | - | the [executive director] commissioner or such agent having authority by |
|---|
| 10930 | | - | law to issue such process may subpoena witnesses and require the |
|---|
| 10931 | | - | production of records, papers and documents pertinent to such inquiry. |
|---|
| 10932 | | - | If any person disobeys such process or, having appeared in obedience |
|---|
| 10933 | | - | thereto, refuses to answer any pertinent question put to such person by |
|---|
| 10934 | | - | the [executive director] commissioner or such [executive director's] |
|---|
| 10935 | | - | commissioner's authorized agent or to produce any records and papers |
|---|
| 10936 | | - | pursuant thereto, the [executive director] commissioner or such |
|---|
| 10937 | | - | [executive director's] commissioner's agent may apply to the superior |
|---|
| 10938 | | - | court for the judicial district of Hartford or for the judicial district |
|---|
| 10939 | | - | wherein the person resides or wherein the business has been conducted, |
|---|
| 10940 | | - | or to any judge of said court if the same is not in session, setting forth |
|---|
| 10941 | | - | such disobedience to process or refusal to answer, and said court or such |
|---|
| 10942 | | - | judge shall cite such person to appear before said court or such judge to |
|---|
| 10943 | | - | answer such question or to produce such records and papers. |
|---|
| 10944 | | - | (b) If the [executive director] commissioner or such agent has |
|---|
| 10945 | | - | received information and has a reasonable belief that any person, health |
|---|
| 10946 | | - | care facility or institution has violated or is violating any provision of |
|---|
| 10947 | | - | this chapter, or any regulation or order of the unit, the [executive |
|---|
| 10948 | | - | director] commissioner or such agent may issue a notice pursuant to this House Bill No. 5523 |
|---|
| 10949 | | - | |
|---|
| 10950 | | - | Public Act No. 24-81 302 of 351 |
|---|
| 10951 | | - | |
|---|
| 10952 | | - | section. The unit shall notify the person, health care facility or institution |
|---|
| 10953 | | - | against whom such order is issued by first class mail or personal service. |
|---|
| 10954 | | - | The notice shall include: (1) A reference to the sections of the general |
|---|
| 10955 | | - | statutes, regulations of Connecticut state agencies or orders alleged or |
|---|
| 10956 | | - | believed to have been violated; (2) a short and plain language statement |
|---|
| 10957 | | - | of the matters asserted or charged; (3) a description of the activity |
|---|
| 10958 | | - | alleged to have violated a statute or regulation identified pursuant to |
|---|
| 10959 | | - | subdivision (1) of this subsection; (4) a statement concerning the right to |
|---|
| 10960 | | - | a hearing of such person, health care facility or institution; and (5) a |
|---|
| 10961 | | - | statement that such person, health care facility or institution may, not |
|---|
| 10962 | | - | later than ten business days after receipt of such notice, make a written |
|---|
| 10963 | | - | request for a hearing on the matters asserted, to be sent to the [executive |
|---|
| 10964 | | - | director] commissioner or such agent. |
|---|
| 10965 | | - | Sec. 205. Subsections (a) and (b) of section 19a-634 of the general |
|---|
| 10966 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 10967 | | - | (Effective from passage): |
|---|
| 10968 | | - | (a) The Health Systems Planning Unit shall conduct, on a biennial |
|---|
| 10969 | | - | basis, a state-wide health care facility utilization study. Such study may |
|---|
| 10970 | | - | include an assessment of: (1) Current availability and utilization of acute |
|---|
| 10971 | | - | hospital care, hospital emergency care, specialty hospital care, |
|---|
| 10972 | | - | outpatient surgical care, primary care and clinic care; (2) geographic |
|---|
| 10973 | | - | areas and subpopulations that may be underserved or have reduced |
|---|
| 10974 | | - | access to specific types of health care services; and (3) other factors that |
|---|
| 10975 | | - | the unit deems pertinent to health care facility utilization. Not later than |
|---|
| 10976 | | - | June thirtieth of the year in which the biennial study is conducted, the |
|---|
| 10977 | | - | [executive director of the Office] Commissioner of Health Strategy shall |
|---|
| 10978 | | - | report, in accordance with section 11-4a, to the Governor and the joint |
|---|
| 10979 | | - | standing committees of the General Assembly having cognizance of |
|---|
| 10980 | | - | matters relating to public health and human services on the findings of |
|---|
| 10981 | | - | the study. Such report may also include the unit's recommendations for |
|---|
| 10982 | | - | addressing identified gaps in the provision of health care services and House Bill No. 5523 |
|---|
| 10983 | | - | |
|---|
| 10984 | | - | Public Act No. 24-81 303 of 351 |
|---|
| 10985 | | - | |
|---|
| 10986 | | - | recommendations concerning a lack of access to health care services. |
|---|
| 10987 | | - | (b) The unit, in consultation with such other state agencies as the |
|---|
| 10988 | | - | [executive director] commissioner deems appropriate, shall establish |
|---|
| 10989 | | - | and maintain a state-wide health care facilities and services plan. Such |
|---|
| 10990 | | - | plan may include, but not be limited to: (1) An assessment of the |
|---|
| 10991 | | - | availability of acute hospital care, hospital emergency care, specialty |
|---|
| 10992 | | - | hospital care, outpatient surgical care, primary care and clinic care; (2) |
|---|
| 10993 | | - | an evaluation of the unmet needs of persons at risk and vulnerable |
|---|
| 10994 | | - | populations as determined by the [executive director] commissioner; (3) |
|---|
| 10995 | | - | a projection of future demand for health care services and the impact |
|---|
| 10996 | | - | that technology may have on the demand, capacity or need for such |
|---|
| 10997 | | - | services; and (4) recommendations for the expansion, reduction or |
|---|
| 10998 | | - | modification of health care facilities or services. In the development of |
|---|
| 10999 | | - | the plan, the unit shall consider the recommendations of any advisory |
|---|
| 11000 | | - | bodies which may be established by the [executive director] |
|---|
| 11001 | | - | commissioner. The [executive director] commissioner may also |
|---|
| 11002 | | - | incorporate the recommendations of authoritative organizations whose |
|---|
| 11003 | | - | mission is to promote policies based on best practices or evidence-based |
|---|
| 11004 | | - | research. The [executive director] commissioner, in consultation with |
|---|
| 11005 | | - | hospital representatives, shall develop a process that encourages |
|---|
| 11006 | | - | hospitals to incorporate the state-wide health care facilities and services |
|---|
| 11007 | | - | plan into hospital long-range planning and shall facilitate |
|---|
| 11008 | | - | communication between appropriate state agencies concerning |
|---|
| 11009 | | - | innovations or changes that may affect future health planning. The unit |
|---|
| 11010 | | - | shall update the state-wide health care facilities and services plan not |
|---|
| 11011 | | - | less than once every two years. |
|---|
| 11012 | | - | Sec. 206. Subsections (d) to (f), inclusive, of section 19a-638 of the 2024 |
|---|
| 11013 | | - | supplement to the general statutes are repealed and the following is |
|---|
| 11014 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 11015 | | - | (d) The [executive director of the Office] Commissioner of Health |
|---|
| 11016 | | - | Strategy may implement policies and procedures necessary to House Bill No. 5523 |
|---|
| 11017 | | - | |
|---|
| 11018 | | - | Public Act No. 24-81 304 of 351 |
|---|
| 11019 | | - | |
|---|
| 11020 | | - | administer the provisions of this section while in the process of adopting |
|---|
| 11021 | | - | such policies and procedures as regulation, provided the [executive |
|---|
| 11022 | | - | director] commissioner holds a public hearing prior to implementing |
|---|
| 11023 | | - | the policies and procedures and posts notice of intent to adopt |
|---|
| 11024 | | - | regulations on the office's Internet web site and the eRegulations System |
|---|
| 11025 | | - | not later than twenty days after the date of implementation. Policies and |
|---|
| 11026 | | - | procedures implemented pursuant to this section shall be valid until the |
|---|
| 11027 | | - | time final regulations are adopted. |
|---|
| 11028 | | - | (e) On or before June 30, 2026, a mental health facility seeking to |
|---|
| 11029 | | - | increase licensed bed capacity without applying for a certificate of need, |
|---|
| 11030 | | - | as permitted pursuant to subdivision (23) of subsection (b) of this |
|---|
| 11031 | | - | section, shall notify the Office of Health Strategy, in a form and manner |
|---|
| 11032 | | - | prescribed by the [executive director of said office] commissioner, |
|---|
| 11033 | | - | regarding (1) such facility's intent to increase licensed bed capacity, (2) |
|---|
| 11034 | | - | the address of such facility, and (3) a description of all services that are |
|---|
| 11035 | | - | being or will be provided at such facility. |
|---|
| 11036 | | - | (f) Not later than January 1, 2025, the [executive director of the Office |
|---|
| 11037 | | - | of Health Strategy] commissioner shall report to the Governor and, in |
|---|
| 11038 | | - | accordance with the provisions of section 11-4a, to the joint standing |
|---|
| 11039 | | - | committee of the General Assembly having cognizance of matters |
|---|
| 11040 | | - | relating to public health concerning the [executive director's] |
|---|
| 11041 | | - | commissioner's recommendations, if any, regarding the establishment |
|---|
| 11042 | | - | of an expedited certificate of need process for mental health facilities. |
|---|
| 11043 | | - | Sec. 207. Subdivisions (3) and (4) of subsection (d) of section 19a-639 |
|---|
| 11044 | | - | of the general statutes are repealed and the following is substituted in |
|---|
| 11045 | | - | lieu thereof (Effective from passage): |
|---|
| 11046 | | - | (3) The unit shall deny any certificate of need application involving a |
|---|
| 11047 | | - | transfer of ownership of a hospital unless the [executive director] |
|---|
| 11048 | | - | commissioner finds that the affected community will be assured of |
|---|
| 11049 | | - | continued access to high quality and affordable health care after House Bill No. 5523 |
|---|
| 11050 | | - | |
|---|
| 11051 | | - | Public Act No. 24-81 305 of 351 |
|---|
| 11052 | | - | |
|---|
| 11053 | | - | accounting for any proposed change impacting hospital staffing. |
|---|
| 11054 | | - | (4) The unit may deny any certificate of need application involving a |
|---|
| 11055 | | - | transfer of ownership of a hospital subject to a cost and market impact |
|---|
| 11056 | | - | review pursuant to section 19a-639f if the [executive director] |
|---|
| 11057 | | - | commissioner finds that (A) the affected community will not be assured |
|---|
| 11058 | | - | of continued access to high quality and affordable health care after |
|---|
| 11059 | | - | accounting for any consolidation in the hospital and health care market |
|---|
| 11060 | | - | that may lessen health care provider diversity, consumer choice and |
|---|
| 11061 | | - | access to care, and (B) any likely increases in the prices for health care |
|---|
| 11062 | | - | services or total health care spending in the state may negatively impact |
|---|
| 11063 | | - | the affordability of care. |
|---|
| 11064 | | - | Sec. 208. Subsection (h) of section 19a-639a of the 2024 supplement to |
|---|
| 11065 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 11066 | | - | thereof (Effective from passage): |
|---|
| 11067 | | - | (h) The [executive director of the Office] Commissioner of Health |
|---|
| 11068 | | - | Strategy may implement policies and procedures necessary to |
|---|
| 11069 | | - | administer the provisions of this section while in the process of adopting |
|---|
| 11070 | | - | such policies and procedures as regulation, provided the [executive |
|---|
| 11071 | | - | director] commissioner holds a public hearing prior to implementing |
|---|
| 11072 | | - | the policies and procedures and posts notice of intent to adopt |
|---|
| 11073 | | - | regulations on the office's Internet web site and the eRegulations System |
|---|
| 11074 | | - | not later than twenty days after the date of implementation. Policies and |
|---|
| 11075 | | - | procedures implemented pursuant to this section shall be valid until the |
|---|
| 11076 | | - | time final regulations are adopted. |
|---|
| 11077 | | - | Sec. 209. Subsection (e) of section 19a-639b of the general statutes is |
|---|
| 11078 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 11079 | | - | passage): |
|---|
| 11080 | | - | (e) The [executive director of the Office] Commissioner of Health |
|---|
| 11081 | | - | Strategy may implement policies and procedures necessary to House Bill No. 5523 |
|---|
| 11082 | | - | |
|---|
| 11083 | | - | Public Act No. 24-81 306 of 351 |
|---|
| 11084 | | - | |
|---|
| 11085 | | - | administer the provisions of this section while in the process of adopting |
|---|
| 11086 | | - | such policies and procedures as regulation, provided the [executive |
|---|
| 11087 | | - | director] commissioner holds a public hearing prior to implementing |
|---|
| 11088 | | - | the policies and procedures and posts notice of intent to adopt |
|---|
| 11089 | | - | regulations on the office's Internet web site and the eRegulations System |
|---|
| 11090 | | - | not later than twenty days after the date of implementation. Policies and |
|---|
| 11091 | | - | procedures implemented pursuant to this section shall be valid until the |
|---|
| 11092 | | - | time final regulations are adopted. |
|---|
| 11093 | | - | Sec. 210. Subsection (b) of section 19a-639c of the 2024 supplement to |
|---|
| 11094 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 11095 | | - | thereof (Effective from passage): |
|---|
| 11096 | | - | (b) The [executive director of the Office] Commissioner of Health |
|---|
| 11097 | | - | Strategy may implement policies and procedures necessary to |
|---|
| 11098 | | - | administer the provisions of this section while in the process of adopting |
|---|
| 11099 | | - | such policies and procedures as regulation, provided the [executive |
|---|
| 11100 | | - | director] commissioner holds a public hearing prior to implementing |
|---|
| 11101 | | - | the policies and procedures and posts notice of intent to adopt |
|---|
| 11102 | | - | regulations on the office's Internet web site and the eRegulations System |
|---|
| 11103 | | - | not later than twenty days after the date of implementation. Policies and |
|---|
| 11104 | | - | procedures implemented pursuant to this section shall be valid until the |
|---|
| 11105 | | - | time final regulations are adopted. |
|---|
| 11106 | | - | Sec. 211. Subsection (d) of section 19a-639e of the general statutes is |
|---|
| 11107 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 11108 | | - | passage): |
|---|
| 11109 | | - | (d) The [executive director of the Office] Commissioner of Health |
|---|
| 11110 | | - | Strategy may implement policies and procedures necessary to |
|---|
| 11111 | | - | administer the provisions of this section while in the process of adopting |
|---|
| 11112 | | - | such policies and procedures as regulation, provided the [executive |
|---|
| 11113 | | - | director] commissioner holds a public hearing prior to implementing |
|---|
| 11114 | | - | the policies and procedures and posts notice of intent to adopt House Bill No. 5523 |
|---|
| 11115 | | - | |
|---|
| 11116 | | - | Public Act No. 24-81 307 of 351 |
|---|
| 11117 | | - | |
|---|
| 11118 | | - | regulations on the office's Internet web site and the eRegulations System |
|---|
| 11119 | | - | not later than twenty days after the date of implementation. Policies and |
|---|
| 11120 | | - | procedures implemented pursuant to this section shall be valid until the |
|---|
| 11121 | | - | time final regulations are adopted. |
|---|
| 11122 | | - | Sec. 212. Subsection (l) of section 19a-639f of the general statutes is |
|---|
| 11123 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 11124 | | - | passage): |
|---|
| 11125 | | - | (l) The [executive director of the Office] Commissioner of Health |
|---|
| 11126 | | - | Strategy shall adopt regulations, in accordance with the provisions of |
|---|
| 11127 | | - | chapter 54, concerning cost and market impact reviews and to |
|---|
| 11128 | | - | administer the provisions of this section. Such regulations shall include |
|---|
| 11129 | | - | definitions of the following terms: "Dispersed service area", "health |
|---|
| 11130 | | - | status adjusted total medical expense", "major service category", |
|---|
| 11131 | | - | "relative prices", "total health care spending" and "health care services". |
|---|
| 11132 | | - | The [executive director] commissioner may implement policies and |
|---|
| 11133 | | - | procedures necessary to administer the provisions of this section while |
|---|
| 11134 | | - | in the process of adopting such policies and procedures in regulation |
|---|
| 11135 | | - | form, provided the [executive director] commissioner publishes notice |
|---|
| 11136 | | - | of intention to adopt the regulations on the office's Internet web site and |
|---|
| 11137 | | - | the eRegulations System not later than twenty days after implementing |
|---|
| 11138 | | - | such policies and procedures. Policies and procedures implemented |
|---|
| 11139 | | - | pursuant to this subsection shall be valid until the time such regulations |
|---|
| 11140 | | - | are effective. |
|---|
| 11141 | | - | Sec. 213. Subsections (c) to (f), inclusive, of section 19a-654 of the |
|---|
| 11142 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 11143 | | - | thereof (Effective from passage): |
|---|
| 11144 | | - | (c) An outpatient surgical facility, as defined in section 19a-493b, a |
|---|
| 11145 | | - | short-term acute care general or children's hospital, or a facility that |
|---|
| 11146 | | - | provides outpatient surgical services as part of the outpatient surgery |
|---|
| 11147 | | - | department of a short-term acute care hospital shall submit to the unit House Bill No. 5523 |
|---|
| 11148 | | - | |
|---|
| 11149 | | - | Public Act No. 24-81 308 of 351 |
|---|
| 11150 | | - | |
|---|
| 11151 | | - | the data identified in subsection (c) of section 19a-634. The unit shall |
|---|
| 11152 | | - | convene a working group consisting of representatives of outpatient |
|---|
| 11153 | | - | surgical facilities, hospitals and other individuals necessary to develop |
|---|
| 11154 | | - | recommendations that address current obstacles to, and proposed |
|---|
| 11155 | | - | requirements for, patient-identifiable data reporting in the outpatient |
|---|
| 11156 | | - | setting. On or before February 1, 2012, the working group shall report, |
|---|
| 11157 | | - | in accordance with the provisions of section 11-4a, on its findings and |
|---|
| 11158 | | - | recommendations to the joint standing committees of the General |
|---|
| 11159 | | - | Assembly having cognizance of matters relating to public health and |
|---|
| 11160 | | - | insurance and real estate. Additional reporting of outpatient data as the |
|---|
| 11161 | | - | unit deems necessary shall begin not later than July 1, 2015. On or before |
|---|
| 11162 | | - | July 1, 2018, and annually thereafter, the Connecticut Association of |
|---|
| 11163 | | - | Ambulatory Surgery Centers shall provide a progress report to the |
|---|
| 11164 | | - | Office of Health Strategy, until such time as all ambulatory surgery |
|---|
| 11165 | | - | centers are in full compliance with the implementation of systems that |
|---|
| 11166 | | - | allow for the reporting of outpatient data as required by the [executive |
|---|
| 11167 | | - | director] commissioner. Until such additional reporting requirements |
|---|
| 11168 | | - | take effect on July 1, 2015, the department may work with the |
|---|
| 11169 | | - | Connecticut Association of Ambulatory Surgery Centers and the |
|---|
| 11170 | | - | Connecticut Hospital Association on specific data reporting initiatives |
|---|
| 11171 | | - | provided that no penalties shall be assessed under this chapter or any |
|---|
| 11172 | | - | other provision of law with respect to the failure to submit such data. |
|---|
| 11173 | | - | (d) Except as provided in this subsection, patient-identifiable data |
|---|
| 11174 | | - | received by the unit shall be kept confidential and shall not be |
|---|
| 11175 | | - | considered public records or files subject to disclosure under the |
|---|
| 11176 | | - | Freedom of Information Act, as defined in section 1-200. The unit may |
|---|
| 11177 | | - | release de-identified patient data or aggregate patient data to the public |
|---|
| 11178 | | - | in a manner consistent with the provisions of 45 CFR 164.514. Any de- |
|---|
| 11179 | | - | identified patient data released by the unit shall exclude provider, |
|---|
| 11180 | | - | physician and payer organization names or codes and shall be kept |
|---|
| 11181 | | - | confidential by the recipient. The unit may release patient-identifiable |
|---|
| 11182 | | - | data (1) for medical and scientific research as provided for in section House Bill No. 5523 |
|---|
| 11183 | | - | |
|---|
| 11184 | | - | Public Act No. 24-81 309 of 351 |
|---|
| 11185 | | - | |
|---|
| 11186 | | - | 19a-25-3 of the regulations of Connecticut state agencies, and (2) to (A) |
|---|
| 11187 | | - | a state agency for the purpose of improving health care service delivery, |
|---|
| 11188 | | - | (B) a federal agency or the office of the Attorney General for the purpose |
|---|
| 11189 | | - | of investigating hospital mergers and acquisitions, (C) another state's |
|---|
| 11190 | | - | health data collection agency with which the unit has entered into a |
|---|
| 11191 | | - | reciprocal data-sharing agreement for the purpose of certificate of need |
|---|
| 11192 | | - | review or evaluation of health care services, upon receipt of a request |
|---|
| 11193 | | - | from such agency, provided, prior to the release of such patient- |
|---|
| 11194 | | - | identifiable data, such agency enters into a written agreement with the |
|---|
| 11195 | | - | unit pursuant to which such agency agrees to protect the confidentiality |
|---|
| 11196 | | - | of such patient-identifiable data and not to use such patient-identifiable |
|---|
| 11197 | | - | data as a basis for any decision concerning a patient, or (D) a consultant |
|---|
| 11198 | | - | or independent professional contracted by the Office of Health Strategy |
|---|
| 11199 | | - | pursuant to section 19a-614 to carry out the functions of the unit, |
|---|
| 11200 | | - | including collecting, managing or organizing such patient-identifiable |
|---|
| 11201 | | - | data. No individual or entity receiving patient-identifiable data may |
|---|
| 11202 | | - | release such data in any manner that may result in an individual patient, |
|---|
| 11203 | | - | physician, provider or payer being identified. The unit shall impose a |
|---|
| 11204 | | - | reasonable, cost-based fee for any patient data provided to a |
|---|
| 11205 | | - | nongovernmental entity. |
|---|
| 11206 | | - | (e) Not later than October 1, 2018, the Health Systems Planning Unit |
|---|
| 11207 | | - | shall enter into a memorandum of understanding with the Comptroller |
|---|
| 11208 | | - | that shall permit the Comptroller to access the data set forth in |
|---|
| 11209 | | - | subsections (b) and (c) of this section, provided the Comptroller agrees, |
|---|
| 11210 | | - | in writing, to keep individual patient and provider data identified by |
|---|
| 11211 | | - | proper name or personal identification code and submitted pursuant to |
|---|
| 11212 | | - | this section confidential. |
|---|
| 11213 | | - | (f) The [executive director of the Office] Commissioner of Health |
|---|
| 11214 | | - | Strategy shall adopt regulations, in accordance with the provisions of |
|---|
| 11215 | | - | chapter 54, to carry out the provisions of this section. |
|---|
| 11216 | | - | Sec. 214. Section 19a-673a of the general statutes is repealed and the House Bill No. 5523 |
|---|
| 11217 | | - | |
|---|
| 11218 | | - | Public Act No. 24-81 310 of 351 |
|---|
| 11219 | | - | |
|---|
| 11220 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11221 | | - | The [executive director of the Office] Commissioner of Health |
|---|
| 11222 | | - | Strategy shall adopt regulations, in accordance with chapter 54, to |
|---|
| 11223 | | - | establish uniform debt collection standards for hospitals. |
|---|
| 11224 | | - | Sec. 215. Section 19a-676 of the general statutes is repealed and the |
|---|
| 11225 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11226 | | - | On or before March thirty-first of each year, for the preceding fiscal |
|---|
| 11227 | | - | year, each hospital shall submit to the unit, in the form and manner |
|---|
| 11228 | | - | prescribed by the unit, the data specified in regulations adopted by the |
|---|
| 11229 | | - | [executive director] commissioner in accordance with chapter 54, the |
|---|
| 11230 | | - | hospital's verification of net revenue required under section 19a-649 and |
|---|
| 11231 | | - | any other data required by the unit, including hospital budget system |
|---|
| 11232 | | - | data for the hospital's twelve months' actual filing requirements. |
|---|
| 11233 | | - | Sec. 216. Subsection (b) of section 19a-725 of the general statutes is |
|---|
| 11234 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 11235 | | - | passage): |
|---|
| 11236 | | - | (b) (1) The Health Care Cabinet shall consist of the following |
|---|
| 11237 | | - | members who shall be appointed on or before August 1, 2011: (A) Five |
|---|
| 11238 | | - | appointed by the Governor, two of whom may represent the health care |
|---|
| 11239 | | - | industry and shall serve for terms of four years, one of whom shall |
|---|
| 11240 | | - | represent community health centers and shall serve for a term of three |
|---|
| 11241 | | - | years, one of whom shall represent insurance producers and shall serve |
|---|
| 11242 | | - | for a term of three years and one of whom shall be an at-large |
|---|
| 11243 | | - | appointment and shall serve for a term of three years; (B) one appointed |
|---|
| 11244 | | - | by the president pro tempore of the Senate, who shall be an oral health |
|---|
| 11245 | | - | specialist engaged in active practice and shall serve for a term of four |
|---|
| 11246 | | - | years; (C) one appointed by the majority leader of the Senate, who shall |
|---|
| 11247 | | - | represent labor and shall serve for a term of three years; (D) one |
|---|
| 11248 | | - | appointed by the minority leader of the Senate, who shall be an House Bill No. 5523 |
|---|
| 11249 | | - | |
|---|
| 11250 | | - | Public Act No. 24-81 311 of 351 |
|---|
| 11251 | | - | |
|---|
| 11252 | | - | advanced practice registered nurse engaged in active practice and shall |
|---|
| 11253 | | - | serve for a term of two years; (E) one appointed by the speaker of the |
|---|
| 11254 | | - | House of Representatives, who shall be a consumer advocate and shall |
|---|
| 11255 | | - | serve for a term of four years; (F) one appointed by the majority leader |
|---|
| 11256 | | - | of the House of Representatives, who shall be a primary care physician |
|---|
| 11257 | | - | engaged in active practice and shall serve for a term of four years; (G) |
|---|
| 11258 | | - | one appointed by the minority leader of the House of Representatives, |
|---|
| 11259 | | - | who shall represent the health information technology industry and |
|---|
| 11260 | | - | shall serve for a term of three years; (H) five appointed jointly by the |
|---|
| 11261 | | - | chairpersons of the SustiNet Health Partnership board of directors, one |
|---|
| 11262 | | - | of whom shall represent faith communities, one of whom shall represent |
|---|
| 11263 | | - | small businesses, one of whom shall represent the home health care |
|---|
| 11264 | | - | industry, one of whom shall represent hospitals, and one of whom shall |
|---|
| 11265 | | - | be an at-large appointment, all of whom shall serve for terms of five |
|---|
| 11266 | | - | years; (I) the [executive director of the Office] Commissioner of Health |
|---|
| 11267 | | - | Strategy, or the [executive director's] commissioner's designee; (J) the |
|---|
| 11268 | | - | Secretary of the Office of Policy and Management, or the secretary's |
|---|
| 11269 | | - | designee; the Comptroller, or the Comptroller's designee; the chief |
|---|
| 11270 | | - | executive officer of the Connecticut Health Insurance Exchange, or said |
|---|
| 11271 | | - | officer's designee; the Commissioners of Social Services and Public |
|---|
| 11272 | | - | Health, or their designees; and the Healthcare Advocate, or the |
|---|
| 11273 | | - | Healthcare Advocate's designee, all of whom shall serve as ex-officio |
|---|
| 11274 | | - | voting members; and (K) the Commissioners of Children and Families, |
|---|
| 11275 | | - | Developmental Services and Mental Health and Addiction Services, and |
|---|
| 11276 | | - | the Insurance Commissioner, or their designees, and the nonprofit |
|---|
| 11277 | | - | liaison to the Governor, or the nonprofit liaison's designee, all of whom |
|---|
| 11278 | | - | shall serve as ex-officio nonvoting members. |
|---|
| 11279 | | - | (2) Following the expiration of initial cabinet member terms, |
|---|
| 11280 | | - | subsequent cabinet terms shall be for four years, commencing on |
|---|
| 11281 | | - | August first of the year of the appointment. If an appointing authority |
|---|
| 11282 | | - | fails to make an initial appointment to the cabinet or an appointment to |
|---|
| 11283 | | - | fill a cabinet vacancy within ninety days of the date of such vacancy, the House Bill No. 5523 |
|---|
| 11284 | | - | |
|---|
| 11285 | | - | Public Act No. 24-81 312 of 351 |
|---|
| 11286 | | - | |
|---|
| 11287 | | - | appointed cabinet members shall, by majority vote, make such |
|---|
| 11288 | | - | appointment to the cabinet. |
|---|
| 11289 | | - | (3) Upon the expiration of the initial terms of the five cabinet |
|---|
| 11290 | | - | members appointed by SustiNet Health Partnership board of directors, |
|---|
| 11291 | | - | five successor cabinet members shall be appointed as follows: (A) One |
|---|
| 11292 | | - | appointed by the Governor; (B) one appointed by the president pro |
|---|
| 11293 | | - | tempore of the Senate; (C) one appointed by the speaker of the House of |
|---|
| 11294 | | - | Representatives; and (D) two appointed by majority vote of the |
|---|
| 11295 | | - | appointed board members. Successor board members appointed |
|---|
| 11296 | | - | pursuant to this subdivision shall be at-large appointments. |
|---|
| 11297 | | - | (4) The [executive director of the Office] Commissioner of Health |
|---|
| 11298 | | - | Strategy, or the [executive director's] commissioner's designee, shall |
|---|
| 11299 | | - | serve as the chairperson of the Health Care Cabinet. |
|---|
| 11300 | | - | Sec. 217. Subsection (a) of section 19a-754a of the 2024 supplement to |
|---|
| 11301 | | - | the general statutes is repealed and the following is substituted in lieu |
|---|
| 11302 | | - | thereof (Effective from passage): |
|---|
| 11303 | | - | (a) There is established an Office of Health Strategy, which shall be |
|---|
| 11304 | | - | within the Department of Public Health for administrative purposes |
|---|
| 11305 | | - | only. The department head of said office shall be the [executive director |
|---|
| 11306 | | - | of the Office] Commissioner of Health Strategy, who shall be appointed |
|---|
| 11307 | | - | by the Governor in accordance with the provisions of sections 4-5 to 4- |
|---|
| 11308 | | - | 8, inclusive, with the powers and duties therein prescribed. |
|---|
| 11309 | | - | Sec. 218. Subsections (c) and (d) of section 19a-754b of the 2024 |
|---|
| 11310 | | - | supplement to the general statutes are repealed and the following is |
|---|
| 11311 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 11312 | | - | (c) (1) Beginning on January 1, 2020, the [executive director of the |
|---|
| 11313 | | - | Office] Commissioner of Health Strategy may conduct a study, with the |
|---|
| 11314 | | - | assistance of the Comptroller and not more frequently than once |
|---|
| 11315 | | - | annually, of each pharmaceutical manufacturer of a pipeline drug that, House Bill No. 5523 |
|---|
| 11316 | | - | |
|---|
| 11317 | | - | Public Act No. 24-81 313 of 351 |
|---|
| 11318 | | - | |
|---|
| 11319 | | - | in the opinion of the [executive director] commissioner in consultation |
|---|
| 11320 | | - | with the Comptroller and the Commissioner of Social Services, may |
|---|
| 11321 | | - | have a significant impact on state expenditures for outpatient |
|---|
| 11322 | | - | prescription drugs. The office may work with the Comptroller to utilize |
|---|
| 11323 | | - | existing state resources and contracts, or contract with a third party, |
|---|
| 11324 | | - | including, but not limited to, an accounting firm, to conduct such study. |
|---|
| 11325 | | - | (2) Each pharmaceutical manufacturer that is the subject of a study |
|---|
| 11326 | | - | conducted pursuant to subdivision (1) of this subsection shall submit to |
|---|
| 11327 | | - | the office, or any contractor engaged by the office or the Comptroller to |
|---|
| 11328 | | - | perform such study, the following information for the pipeline drug that |
|---|
| 11329 | | - | is the subject of such study: |
|---|
| 11330 | | - | (A) The primary disease, condition or therapeutic area studied in |
|---|
| 11331 | | - | connection with such drug, and whether such drug is therapeutically |
|---|
| 11332 | | - | indicated for such disease, condition or therapeutic area; |
|---|
| 11333 | | - | (B) Each route of administration studied for such drug; |
|---|
| 11334 | | - | (C) Clinical trial comparators, if applicable, for such drug; |
|---|
| 11335 | | - | (D) The estimated year of market entry for such drug; |
|---|
| 11336 | | - | (E) Whether the federal Food and Drug Administration has |
|---|
| 11337 | | - | designated such drug as an orphan drug, a fast track product or a |
|---|
| 11338 | | - | breakthrough therapy; and |
|---|
| 11339 | | - | (F) Whether the federal Food and Drug Administration has |
|---|
| 11340 | | - | designated such drug for accelerated approval and, if such drug |
|---|
| 11341 | | - | contains a new molecular entity, for priority review. |
|---|
| 11342 | | - | (d) (1) On or before March 1, 2020, and annually thereafter, the |
|---|
| 11343 | | - | [executive director of the Office] Commissioner of Health Strategy, in |
|---|
| 11344 | | - | consultation with the Comptroller, Commissioner of Social Services and |
|---|
| 11345 | | - | Commissioner of Public Health, shall prepare a list of not more than ten House Bill No. 5523 |
|---|
| 11346 | | - | |
|---|
| 11347 | | - | Public Act No. 24-81 314 of 351 |
|---|
| 11348 | | - | |
|---|
| 11349 | | - | outpatient prescription drugs that the [executive director] |
|---|
| 11350 | | - | Commissioner of Health Strategy, in the [executive director's] |
|---|
| 11351 | | - | commissioner's discretion, determines are (A) provided at substantial |
|---|
| 11352 | | - | cost to the state, considering the net cost of such drugs, or (B) critical to |
|---|
| 11353 | | - | public health. The list shall include outpatient prescription drugs from |
|---|
| 11354 | | - | different therapeutic classes of outpatient prescription drugs and not |
|---|
| 11355 | | - | less than one generic outpatient prescription drug. |
|---|
| 11356 | | - | (2) Prior to publishing the annual list pursuant to subdivision (1) of |
|---|
| 11357 | | - | this subsection, the [executive director] commissioner shall prepare a |
|---|
| 11358 | | - | preliminary list that includes outpatient prescription drugs that the |
|---|
| 11359 | | - | [executive director] commissioner plans to include on such annual list. |
|---|
| 11360 | | - | The [executive director] commissioner shall make such preliminary list |
|---|
| 11361 | | - | available for public comment for not less than thirty days. During the |
|---|
| 11362 | | - | public comment period, any manufacturer of an outpatient prescription |
|---|
| 11363 | | - | drug included on the preliminary list may produce documentation, as |
|---|
| 11364 | | - | permitted by federal law, to the [executive director] commissioner to |
|---|
| 11365 | | - | establish that the wholesale acquisition cost of such drug, less all rebates |
|---|
| 11366 | | - | paid to the state for such outpatient prescription drug during the |
|---|
| 11367 | | - | immediately preceding calendar year, does not exceed the limits |
|---|
| 11368 | | - | established in subdivision (3) of this subsection. If such documentation |
|---|
| 11369 | | - | establishes, to the satisfaction of the [executive director] commissioner, |
|---|
| 11370 | | - | that the wholesale acquisition cost of the drug, less all rebates paid to |
|---|
| 11371 | | - | the state for such drug during the immediately preceding calendar year, |
|---|
| 11372 | | - | does not exceed the limits established in subdivision (3) of this |
|---|
| 11373 | | - | subsection, the [executive director] commissioner shall, not later than |
|---|
| 11374 | | - | fifteen days after the closing of the public comment period, remove such |
|---|
| 11375 | | - | drug from the preliminary list before publishing the annual list |
|---|
| 11376 | | - | pursuant to subdivision (1) of this subsection. |
|---|
| 11377 | | - | (3) The [executive director] commissioner shall not list any outpatient |
|---|
| 11378 | | - | prescription drugs under subdivision (1) or (2) of this subsection unless |
|---|
| 11379 | | - | the wholesale acquisition cost of such outpatient prescription drug (A) House Bill No. 5523 |
|---|
| 11380 | | - | |
|---|
| 11381 | | - | Public Act No. 24-81 315 of 351 |
|---|
| 11382 | | - | |
|---|
| 11383 | | - | increased by not less than sixteen per cent cumulatively during the |
|---|
| 11384 | | - | immediately preceding two calendar years, and (B) was not less than |
|---|
| 11385 | | - | forty dollars for a course of treatment. |
|---|
| 11386 | | - | (4) (A) The pharmaceutical manufacturer of an outpatient |
|---|
| 11387 | | - | prescription drug included on a list prepared by the [executive director] |
|---|
| 11388 | | - | commissioner pursuant to subdivision (1) of this subsection shall |
|---|
| 11389 | | - | provide to the office, in a form and manner specified by the [executive |
|---|
| 11390 | | - | director] commissioner, (i) a written, narrative description, suitable for |
|---|
| 11391 | | - | public release, of all factors that caused the increase in the wholesale |
|---|
| 11392 | | - | acquisition cost of the listed outpatient prescription drug, and (ii) |
|---|
| 11393 | | - | aggregate, company-level research and development costs and such |
|---|
| 11394 | | - | other capital expenditures that the [executive director] commissioner, in |
|---|
| 11395 | | - | the [executive director's] commissioner's discretion, deems relevant for |
|---|
| 11396 | | - | the most recent year for which final audited data are available. |
|---|
| 11397 | | - | (B) The quality and types of information and data that a |
|---|
| 11398 | | - | pharmaceutical manufacturer submits to the office under this |
|---|
| 11399 | | - | subdivision shall be consistent with the quality and types of information |
|---|
| 11400 | | - | and data that the pharmaceutical manufacturer includes in (i) such |
|---|
| 11401 | | - | pharmaceutical manufacturer's annual consolidated report on Securities |
|---|
| 11402 | | - | and Exchange Commission Form 10 -K, or (ii) any other public |
|---|
| 11403 | | - | disclosure. |
|---|
| 11404 | | - | (5) The office shall establish a standardized form for reporting |
|---|
| 11405 | | - | information and data pursuant to this subsection after consulting with |
|---|
| 11406 | | - | pharmaceutical manufacturers. The form shall be designed to minimize |
|---|
| 11407 | | - | the administrative burden and cost of reporting on the office and |
|---|
| 11408 | | - | pharmaceutical manufacturers. |
|---|
| 11409 | | - | Sec. 219. Section 19a-754e of the general statutes is repealed and the |
|---|
| 11410 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11411 | | - | (a) The [Executive Director of the Office] Commissioner of Health House Bill No. 5523 |
|---|
| 11412 | | - | |
|---|
| 11413 | | - | Public Act No. 24-81 316 of 351 |
|---|
| 11414 | | - | |
|---|
| 11415 | | - | Strategy, in consultation with the Office of Policy and Management, the |
|---|
| 11416 | | - | Department of Social Services, the Connecticut Insurance Department |
|---|
| 11417 | | - | and the Connecticut Health Insurance Exchange established pursuant to |
|---|
| 11418 | | - | section 38a-1081, shall study the feasibility of offering health care |
|---|
| 11419 | | - | coverage for (1) income-eligible children ages nine to eighteen, |
|---|
| 11420 | | - | inclusive, regardless of immigration status, who are not otherwise |
|---|
| 11421 | | - | eligible for Medicaid, the Children's Health Insurance Program, or an |
|---|
| 11422 | | - | offer of affordable employer sponsored insurance as defined in the |
|---|
| 11423 | | - | Affordable Care Act, as an employee or a dependent of an employee, |
|---|
| 11424 | | - | and (2) adults with household income not exceeding two hundred per |
|---|
| 11425 | | - | cent of the federal poverty level who do not otherwise qualify for |
|---|
| 11426 | | - | medical assistance, an offer of affordable, employer-sponsored |
|---|
| 11427 | | - | insurance as defined in the Affordable Care Act, as an employee or a |
|---|
| 11428 | | - | dependent of an employee, or health care coverage through the |
|---|
| 11429 | | - | Connecticut Health Insurance Exchange due to household income. |
|---|
| 11430 | | - | (b) The study on the feasibility of providing health care coverage to |
|---|
| 11431 | | - | income-eligible children ages nine to eighteen, inclusive, shall include, |
|---|
| 11432 | | - | but not be limited to: (1) The age groups that would be provided medical |
|---|
| 11433 | | - | assistance in each year, and appropriations necessary to provide such |
|---|
| 11434 | | - | assistance, (2) income eligibility criteria and health care coverage |
|---|
| 11435 | | - | consistent with the medical assistance programs established pursuant to |
|---|
| 11436 | | - | sections 17b-261 and 17b-292, and (3) recommendations for identifying |
|---|
| 11437 | | - | and enrolling such children in such coverage. |
|---|
| 11438 | | - | (c) The study on the feasibility of providing health care coverage for |
|---|
| 11439 | | - | adults with household income not exceeding two hundred per cent of |
|---|
| 11440 | | - | the federal poverty level shall include, but not be limited to: (1) |
|---|
| 11441 | | - | Household income caps for adults who would be provided health care |
|---|
| 11442 | | - | coverage in each year, and appropriations necessary to provide such |
|---|
| 11443 | | - | coverage, (2) health care coverage consistent with the medical assistance |
|---|
| 11444 | | - | programs established pursuant to section 17b-261 and the HUSKY D |
|---|
| 11445 | | - | program as defined in section 17b-290, and (3) recommendations for House Bill No. 5523 |
|---|
| 11446 | | - | |
|---|
| 11447 | | - | Public Act No. 24-81 317 of 351 |
|---|
| 11448 | | - | |
|---|
| 11449 | | - | identifying and enrolling such adults in such coverage. |
|---|
| 11450 | | - | (d) Not later than July 1, 2022, the [executive director] commissioner |
|---|
| 11451 | | - | shall report, in accordance with the provisions of section 11-4a, on |
|---|
| 11452 | | - | provisions of the feasibility study to the joint standing committees of the |
|---|
| 11453 | | - | General Assembly having cognizance of matters relating to |
|---|
| 11454 | | - | appropriations and the budgets of state agencies, human services and |
|---|
| 11455 | | - | insurance and real estate. |
|---|
| 11456 | | - | Sec. 220. Subdivisions (1) to (9), inclusive, of section 19a-754f of the |
|---|
| 11457 | | - | general statutes are repealed and the following is substituted in lieu |
|---|
| 11458 | | - | thereof (Effective from passage): |
|---|
| 11459 | | - | (1) "Drug manufacturer" means the manufacturer of a drug that is: |
|---|
| 11460 | | - | (A) Included in the information and data submitted by a health carrier |
|---|
| 11461 | | - | pursuant to section 38a-479qqq, (B) studied or listed pursuant to |
|---|
| 11462 | | - | subsection (c) or (d) of section 19a-754b, or (C) in a therapeutic class of |
|---|
| 11463 | | - | drugs that the [executive director] Commissioner of Health Strategy |
|---|
| 11464 | | - | determines, through public or private reports, has had a substantial |
|---|
| 11465 | | - | impact on prescription drug expenditures, net of rebates, as a |
|---|
| 11466 | | - | percentage of total health care expenditures; |
|---|
| 11467 | | - | (2) ["Executive director"] "Commissioner" means the [executive |
|---|
| 11468 | | - | director of the Office] Commissioner of Health Strategy; |
|---|
| 11469 | | - | (3) "Health care cost growth benchmark" means the annual |
|---|
| 11470 | | - | benchmark established pursuant to section 19a-754g; |
|---|
| 11471 | | - | (4) "Health care quality benchmark" means an annual benchmark |
|---|
| 11472 | | - | established pursuant to section 19a-754g; |
|---|
| 11473 | | - | (5) "Health care provider" has the same meaning as provided in |
|---|
| 11474 | | - | subdivision (1) of subsection (a) of section 19a-17b; |
|---|
| 11475 | | - | (6) "Net cost of private health insurance" means the difference House Bill No. 5523 |
|---|
| 11476 | | - | |
|---|
| 11477 | | - | Public Act No. 24-81 318 of 351 |
|---|
| 11478 | | - | |
|---|
| 11479 | | - | between premiums earned and benefits incurred, and includes insurers' |
|---|
| 11480 | | - | costs of paying bills, advertising, sales commissions, and other |
|---|
| 11481 | | - | administrative costs, net additions or subtractions from reserves, rate |
|---|
| 11482 | | - | credits and dividends, premium taxes and profits or losses; |
|---|
| 11483 | | - | (7) "Office" means the Office of Health Strategy established under |
|---|
| 11484 | | - | section 19a-754a; |
|---|
| 11485 | | - | (8) "Other entity" means a drug manufacturer, pharmacy benefits |
|---|
| 11486 | | - | manager or other health care provider that is not considered a provider |
|---|
| 11487 | | - | entity; |
|---|
| 11488 | | - | (9) "Payer" means a payer, including Medicaid, Medicare and |
|---|
| 11489 | | - | governmental and nongovernment health plans, and includes any |
|---|
| 11490 | | - | organization acting as payer that is a subsidiary, affiliate or business |
|---|
| 11491 | | - | owned or controlled by a payer that, during a given calendar year, pays |
|---|
| 11492 | | - | health care providers for health care services or pharmacies or provider |
|---|
| 11493 | | - | entities for prescription drugs designated by the [executive director] |
|---|
| 11494 | | - | Commissioner of Health Strategy; |
|---|
| 11495 | | - | Sec. 221. Section 19a-754g of the general statutes is repealed and the |
|---|
| 11496 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11497 | | - | (a) Not later than July 1, 2022, the [executive director] commissioner |
|---|
| 11498 | | - | shall publish (1) the health care cost growth benchmarks and annual |
|---|
| 11499 | | - | primary care spending targets as a percentage of total medical expenses |
|---|
| 11500 | | - | for the calendar years 2021 to 2025, inclusive, and (2) the annual health |
|---|
| 11501 | | - | care quality benchmarks for the calendar years 2022 to 2025, inclusive, |
|---|
| 11502 | | - | on the office's Internet web site. |
|---|
| 11503 | | - | (b) (1) (A) Not later than July 1, 2025, and every five years thereafter, |
|---|
| 11504 | | - | the [executive director] commissioner shall develop and adopt annual |
|---|
| 11505 | | - | health care cost growth benchmarks and annual primary care spending |
|---|
| 11506 | | - | targets for the succeeding five calendar years for provider entities and |
|---|
| 11507 | | - | payers. House Bill No. 5523 |
|---|
| 11508 | | - | |
|---|
| 11509 | | - | Public Act No. 24-81 319 of 351 |
|---|
| 11510 | | - | |
|---|
| 11511 | | - | (B) In developing the health care cost growth benchmarks and |
|---|
| 11512 | | - | primary care spending targets pursuant to this subdivision, the |
|---|
| 11513 | | - | [executive director] commissioner shall consider (i) any historical and |
|---|
| 11514 | | - | forecasted changes in median income for individuals in the state and the |
|---|
| 11515 | | - | growth rate of potential gross state product, (ii) the rate of inflation, and |
|---|
| 11516 | | - | (iii) the most recent report prepared by the [executive director] |
|---|
| 11517 | | - | commissioner pursuant to subsection (b) of section 19a-754h. |
|---|
| 11518 | | - | (C) (i) The [executive director] commissioner shall hold at least one |
|---|
| 11519 | | - | informational public hearing prior to adopting the health care cost |
|---|
| 11520 | | - | growth benchmarks and primary care spending targets for each |
|---|
| 11521 | | - | succeeding five-year period described in this subdivision. The |
|---|
| 11522 | | - | [executive director] commissioner may hold informational public |
|---|
| 11523 | | - | hearings concerning any annual health care cost growth benchmark and |
|---|
| 11524 | | - | primary care spending target set pursuant to subsection (a) or |
|---|
| 11525 | | - | subdivision (1) of subsection (b) of this section. Such informational |
|---|
| 11526 | | - | public hearings shall be held at a time and place designated by the |
|---|
| 11527 | | - | [executive director] commissioner in a notice prominently posted by the |
|---|
| 11528 | | - | [executive director] commissioner on the office's Internet web site and |
|---|
| 11529 | | - | in a form and manner prescribed by the [executive director] |
|---|
| 11530 | | - | commissioner. The [executive director] commissioner shall make |
|---|
| 11531 | | - | available on the office's Internet web site a summary of any such |
|---|
| 11532 | | - | informational public hearing and include the [executive director's] |
|---|
| 11533 | | - | commissioner's recommendations, if any, to modify or not to modify |
|---|
| 11534 | | - | any such annual benchmark or target. |
|---|
| 11535 | | - | (ii) If the [executive director] commissioner determines, after any |
|---|
| 11536 | | - | informational public hearing held pursuant to this subparagraph, that a |
|---|
| 11537 | | - | modification to any health care cost growth benchmark or annual |
|---|
| 11538 | | - | primary care spending target is, in the [executive director's] |
|---|
| 11539 | | - | commissioner's discretion, reasonably warranted, the [executive |
|---|
| 11540 | | - | director] commissioner may modify such benchmark or target. |
|---|
| 11541 | | - | (iii) The [executive director] commissioner shall annually (I) review House Bill No. 5523 |
|---|
| 11542 | | - | |
|---|
| 11543 | | - | Public Act No. 24-81 320 of 351 |
|---|
| 11544 | | - | |
|---|
| 11545 | | - | the current and projected rate of inflation, and (II) include on the office's |
|---|
| 11546 | | - | Internet web site the [executive director's] commissioner's findings of |
|---|
| 11547 | | - | such review, including the reasons for making or not making a |
|---|
| 11548 | | - | modification to any applicable health care cost growth benchmark. If the |
|---|
| 11549 | | - | [executive director] commissioner determines that the rate of inflation |
|---|
| 11550 | | - | requires modification of any health care cost growth benchmark |
|---|
| 11551 | | - | adopted under this section, the [executive director] commissioner may |
|---|
| 11552 | | - | modify such benchmark. In such event, the [executive director] |
|---|
| 11553 | | - | commissioner shall not be required to hold an informational public |
|---|
| 11554 | | - | hearing concerning such modified health care cost growth benchmark. |
|---|
| 11555 | | - | (D) The [executive director] commissioner shall post each adopted |
|---|
| 11556 | | - | health care cost growth benchmark and annual primary care spending |
|---|
| 11557 | | - | target on the office's Internet web site. |
|---|
| 11558 | | - | (E) Notwithstanding the provisions of subparagraphs (A) to (D), |
|---|
| 11559 | | - | inclusive, of this subdivision, if the average annual health care cost |
|---|
| 11560 | | - | growth benchmark for a succeeding five-year period described in this |
|---|
| 11561 | | - | subdivision differs from the average annual health care cost growth |
|---|
| 11562 | | - | benchmark for the five-year period preceding such succeeding five-year |
|---|
| 11563 | | - | period by more than one-half of one per cent, the [executive director] |
|---|
| 11564 | | - | commissioner shall submit the annual health care cost growth |
|---|
| 11565 | | - | benchmarks developed for such succeeding five-year period to the joint |
|---|
| 11566 | | - | standing committee of the General Assembly having cognizance of |
|---|
| 11567 | | - | matters relating to insurance for the committee's review and approval. |
|---|
| 11568 | | - | The committee shall be deemed to have approved such annual health |
|---|
| 11569 | | - | care cost growth benchmarks for such succeeding five-year period, |
|---|
| 11570 | | - | except upon a vote to reject such benchmarks by the majority of |
|---|
| 11571 | | - | committee members at a meeting of such committee called for the |
|---|
| 11572 | | - | purpose of reviewing such benchmarks and held not later than thirty |
|---|
| 11573 | | - | days after the [executive director] commissioner submitted such |
|---|
| 11574 | | - | benchmarks to such committee. If the committee votes to reject such |
|---|
| 11575 | | - | benchmarks, the [executive director] commissioner may submit to the House Bill No. 5523 |
|---|
| 11576 | | - | |
|---|
| 11577 | | - | Public Act No. 24-81 321 of 351 |
|---|
| 11578 | | - | |
|---|
| 11579 | | - | committee modified annual health care cost growth benchmarks for |
|---|
| 11580 | | - | such succeeding five-year period for the committee's review and |
|---|
| 11581 | | - | approval in accordance with the provisions of this subparagraph. The |
|---|
| 11582 | | - | [executive director] commissioner shall not be required to hold an |
|---|
| 11583 | | - | informational public hearing concerning such modified benchmarks. |
|---|
| 11584 | | - | Until the joint standing committee of the General Assembly having |
|---|
| 11585 | | - | cognizance of matters relating to insurance approves annual health care |
|---|
| 11586 | | - | cost growth benchmarks for the succeeding five-year period, such |
|---|
| 11587 | | - | benchmarks shall be deemed to be equal to the average annual health |
|---|
| 11588 | | - | care cost growth benchmark for the preceding five-year period. |
|---|
| 11589 | | - | (2) (A) Not later than July 1, 2025, and every five years thereafter, the |
|---|
| 11590 | | - | [executive director] commissioner shall develop and adopt annual |
|---|
| 11591 | | - | health care quality benchmarks for the succeeding five calendar years |
|---|
| 11592 | | - | for provider entities and payers. |
|---|
| 11593 | | - | (B) In developing annual health care quality benchmarks pursuant to |
|---|
| 11594 | | - | this subdivision, the [executive director] commissioner shall consider (i) |
|---|
| 11595 | | - | quality measures endorsed by nationally recognized organizations, |
|---|
| 11596 | | - | including, but not limited to, the National Quality Forum, the National |
|---|
| 11597 | | - | Committee for Quality Assurance, the Centers for Medicare and |
|---|
| 11598 | | - | Medicaid Services, the Centers for Disease Control, the Joint |
|---|
| 11599 | | - | Commission and expert organizations that develop health equity |
|---|
| 11600 | | - | measures, and (ii) measures that: (I) Concern health outcomes, |
|---|
| 11601 | | - | overutilization, underutilization and patient safety, (II) meet standards |
|---|
| 11602 | | - | of patient-centeredness and ensure consideration of differences in |
|---|
| 11603 | | - | preferences and clinical characteristics within patient subpopulations, |
|---|
| 11604 | | - | and (III) concern community health or population health. |
|---|
| 11605 | | - | (C) (i) The [executive director] commissioner shall hold at least one |
|---|
| 11606 | | - | informational public hearing prior to adopting the health care quality |
|---|
| 11607 | | - | benchmarks for each succeeding five-year period described in this |
|---|
| 11608 | | - | subdivision. The [executive director] commissioner may hold |
|---|
| 11609 | | - | informational public hearings concerning the quality measures the House Bill No. 5523 |
|---|
| 11610 | | - | |
|---|
| 11611 | | - | Public Act No. 24-81 322 of 351 |
|---|
| 11612 | | - | |
|---|
| 11613 | | - | [executive director] commissioner proposes to adopt as health care |
|---|
| 11614 | | - | quality benchmarks. Such informational public hearings shall be held at |
|---|
| 11615 | | - | a time and place designated by the [executive director] commissioner in |
|---|
| 11616 | | - | a notice prominently posted by the [executive director] commissioner |
|---|
| 11617 | | - | on the office's Internet web site and in a form and manner prescribed by |
|---|
| 11618 | | - | the [executive director] commissioner. The [executive director] |
|---|
| 11619 | | - | commissioner shall make available on the office's Internet web site a |
|---|
| 11620 | | - | summary of any such informational public hearing and include the |
|---|
| 11621 | | - | [executive director's] recommendations, if any, to modify or not modify |
|---|
| 11622 | | - | any such health care quality benchmark. |
|---|
| 11623 | | - | (ii) If the [executive director] commissioner determines, after any |
|---|
| 11624 | | - | informational public hearing held pursuant to this subparagraph, that |
|---|
| 11625 | | - | modifications to any health care quality benchmarks are, in the |
|---|
| 11626 | | - | [executive director's] commissioner's discretion, reasonably warranted, |
|---|
| 11627 | | - | the [executive director] commissioner may modify such quality |
|---|
| 11628 | | - | benchmarks. The [executive director] commissioner shall not be |
|---|
| 11629 | | - | required to hold an additional informational public hearing concerning |
|---|
| 11630 | | - | such modified quality benchmarks. |
|---|
| 11631 | | - | (D) The [executive director] commissioner shall post each adopted |
|---|
| 11632 | | - | health care quality benchmark on the office's Internet web site. |
|---|
| 11633 | | - | (c) The [executive director] commissioner may enter into such |
|---|
| 11634 | | - | contractual agreements as may be necessary to carry out the purposes |
|---|
| 11635 | | - | of this section, including, but not limited to, contractual agreements |
|---|
| 11636 | | - | with actuarial, economic and other experts and consultants. |
|---|
| 11637 | | - | Sec. 222. Section 19a-754h of the general statutes is repealed and the |
|---|
| 11638 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11639 | | - | (a) Not later than August 15, 2022, and annually thereafter, each |
|---|
| 11640 | | - | payer shall report to the [executive director] commissioner, in a form |
|---|
| 11641 | | - | and manner prescribed by the [executive director] commissioner, for the House Bill No. 5523 |
|---|
| 11642 | | - | |
|---|
| 11643 | | - | Public Act No. 24-81 323 of 351 |
|---|
| 11644 | | - | |
|---|
| 11645 | | - | preceding or prior years, if the [executive director] commissioner so |
|---|
| 11646 | | - | requests based on material changes to data previously submitted, |
|---|
| 11647 | | - | aggregated data, including aggregated self-funded data as applicable, |
|---|
| 11648 | | - | necessary for the [executive director] commissioner to calculate total |
|---|
| 11649 | | - | health care expenditures, primary care spending as a percentage of total |
|---|
| 11650 | | - | medical expenses and net cost of private health insurance. Each payer |
|---|
| 11651 | | - | shall also disclose, as requested by the [executive director] |
|---|
| 11652 | | - | commissioner, payer data required for adjusting total medical expense |
|---|
| 11653 | | - | calculations to reflect changes in the patient population. |
|---|
| 11654 | | - | (b) Not later than March 31, 2023, and annually thereafter, the |
|---|
| 11655 | | - | [executive director] commissioner shall prepare and post on the office's |
|---|
| 11656 | | - | Internet web site, a report concerning the total health care expenditures |
|---|
| 11657 | | - | utilizing the total aggregate medical expenses reported by payers |
|---|
| 11658 | | - | pursuant to subsection (a) of this section, including, but not limited to, |
|---|
| 11659 | | - | a breakdown of such population-adjusted total medical expenses by |
|---|
| 11660 | | - | payer and provider entities. The report may include, but shall not be |
|---|
| 11661 | | - | limited to, information regarding the following: |
|---|
| 11662 | | - | (1) Trends in major service category spending; |
|---|
| 11663 | | - | (2) Primary care spending as a percentage of total medical expenses; |
|---|
| 11664 | | - | (3) The net cost of private health insurance by payer by market |
|---|
| 11665 | | - | segment, including individual, small group, large group, self-insured, |
|---|
| 11666 | | - | student and Medicare Advantage markets; and |
|---|
| 11667 | | - | (4) Any other factors the [executive director] commissioner deems |
|---|
| 11668 | | - | relevant to providing context on such data, which shall include, but not |
|---|
| 11669 | | - | be limited to, the following factors: (A) The impact of the rate of inflation |
|---|
| 11670 | | - | and rate of medical inflation; (B) impacts, if any, on access to care; and |
|---|
| 11671 | | - | (C) responses to public health crises or similar emergencies. |
|---|
| 11672 | | - | (c) The [executive director] commissioner shall annually submit a |
|---|
| 11673 | | - | request to the federal Centers for Medicare and Medicaid Services for House Bill No. 5523 |
|---|
| 11674 | | - | |
|---|
| 11675 | | - | Public Act No. 24-81 324 of 351 |
|---|
| 11676 | | - | |
|---|
| 11677 | | - | the unadjusted total medical expenses of Connecticut residents. |
|---|
| 11678 | | - | (d) Not later than August 15, 2023, and annually thereafter, each |
|---|
| 11679 | | - | payer or provider entity shall report to the [executive director] |
|---|
| 11680 | | - | commissioner in a form and manner prescribed by the [executive |
|---|
| 11681 | | - | director] commissioner, for the preceding year, and for prior years if the |
|---|
| 11682 | | - | [executive director] commissioner so requests based on material |
|---|
| 11683 | | - | changes to data previously submitted, on the health care quality |
|---|
| 11684 | | - | benchmarks adopted pursuant to section 19a-754g. |
|---|
| 11685 | | - | (e) Not later than March 31, 2024, and annually thereafter, the |
|---|
| 11686 | | - | [executive director] commissioner shall prepare and post on the office's |
|---|
| 11687 | | - | Internet web site, a report concerning health care quality benchmarks |
|---|
| 11688 | | - | reported by payers and provider entities pursuant to subsection (d) of |
|---|
| 11689 | | - | this section. |
|---|
| 11690 | | - | (f) The [executive director] commissioner may enter into such |
|---|
| 11691 | | - | contractual agreements as may be necessary to carry out the purposes |
|---|
| 11692 | | - | of this section, including, but not limited to, contractual agreements |
|---|
| 11693 | | - | with actuarial, economic and other experts and consultants. |
|---|
| 11694 | | - | Sec. 223. Section 19a-754i of the general statutes is repealed and the |
|---|
| 11695 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11696 | | - | (a) (1) For each calendar year, beginning on January 1, 2023, the |
|---|
| 11697 | | - | [executive director] commissioner shall, if the payer or provider entity |
|---|
| 11698 | | - | subject to the cost growth benchmark or primary care spending target |
|---|
| 11699 | | - | so requests, meet with such payer or provider entity to review and |
|---|
| 11700 | | - | validate the total medical expenses data collected pursuant to section |
|---|
| 11701 | | - | 19a-754h for such payer or provider entity. The [executive director] |
|---|
| 11702 | | - | commissioner shall review information provided by the payer or |
|---|
| 11703 | | - | provider entity and, if deemed necessary, amend findings for such |
|---|
| 11704 | | - | payer or provider prior to the identification of payer or provider entities |
|---|
| 11705 | | - | that exceeded the health care cost growth benchmark or failed to meet House Bill No. 5523 |
|---|
| 11706 | | - | |
|---|
| 11707 | | - | Public Act No. 24-81 325 of 351 |
|---|
| 11708 | | - | |
|---|
| 11709 | | - | the primary care spending target for the performance year as set forth |
|---|
| 11710 | | - | in section 19a-754h. The [executive director] commissioner shall |
|---|
| 11711 | | - | identify, not later than May first of such calendar year, each payer or |
|---|
| 11712 | | - | provider entity that exceeded the health care cost growth benchmark or |
|---|
| 11713 | | - | failed to meet the primary care spending target for the performance |
|---|
| 11714 | | - | year. |
|---|
| 11715 | | - | (2) For each calendar year beginning on or after January 1, 2024, the |
|---|
| 11716 | | - | [executive director] commissioner shall, if the payer or provider entity |
|---|
| 11717 | | - | subject to the health care quality benchmarks for the performance year |
|---|
| 11718 | | - | so requests, meet with such payer or provider entity to review and |
|---|
| 11719 | | - | validate the quality data collected pursuant to section 19a-754h for such |
|---|
| 11720 | | - | payer or provider entity. The [executive director] commissioner shall |
|---|
| 11721 | | - | review information provided by the payer or provider entity and, if |
|---|
| 11722 | | - | deemed necessary, amend findings for such payer or provider prior to |
|---|
| 11723 | | - | the identification of payer or provider entities that exceeded the health |
|---|
| 11724 | | - | care quality benchmark as set forth in section 19a-754h. The [executive |
|---|
| 11725 | | - | director] commissioner shall identify, not later than May first of such |
|---|
| 11726 | | - | calendar year, each payer or provider entity that exceeded the health |
|---|
| 11727 | | - | care quality benchmark for the performance year. |
|---|
| 11728 | | - | (3) Not later than thirty days after the [executive director] |
|---|
| 11729 | | - | commissioner identifies each payer or provider entity pursuant to |
|---|
| 11730 | | - | subdivisions (1) and (2) of this subsection, the [executive director] |
|---|
| 11731 | | - | commissioner shall send a notice to each such payer or provider entity. |
|---|
| 11732 | | - | Such notice shall be in a form and manner prescribed by the [executive |
|---|
| 11733 | | - | director] commissioner, and shall disclose to each such payer or |
|---|
| 11734 | | - | provider entity: |
|---|
| 11735 | | - | (A) That the [executive director] commissioner has identified such |
|---|
| 11736 | | - | payer or provider entity pursuant to subdivision (1) or (2) of this |
|---|
| 11737 | | - | subsection; and |
|---|
| 11738 | | - | (B) The factual basis for the [executive director's] commissioner's House Bill No. 5523 |
|---|
| 11739 | | - | |
|---|
| 11740 | | - | Public Act No. 24-81 326 of 351 |
|---|
| 11741 | | - | |
|---|
| 11742 | | - | identification of such payer or provider entity pursuant to subdivision |
|---|
| 11743 | | - | (1) or (2) of this subsection. |
|---|
| 11744 | | - | (b) (1) For each calendar year beginning on and after January 1, 2023, |
|---|
| 11745 | | - | if the [executive director] commissioner determines that the annual |
|---|
| 11746 | | - | percentage change in total health care expenditures for the performance |
|---|
| 11747 | | - | year exceeded the health care cost growth benchmark for such year, the |
|---|
| 11748 | | - | [executive director] commissioner shall identify, not later than May first |
|---|
| 11749 | | - | of such calendar year, any other entity that significantly contributed to |
|---|
| 11750 | | - | exceeding such benchmark. Each identification shall be based on: |
|---|
| 11751 | | - | (A) The report prepared by the [executive director] commissioner |
|---|
| 11752 | | - | pursuant to subsection (b) of section 19a-754h for such calendar year; |
|---|
| 11753 | | - | (B) The report filed pursuant to section 38a-479ppp for such calendar |
|---|
| 11754 | | - | year; |
|---|
| 11755 | | - | (C) The information and data reported to the office pursuant to |
|---|
| 11756 | | - | subsection (d) of section 19a-754b for such calendar year; |
|---|
| 11757 | | - | (D) Information obtained from the all-payer claims database |
|---|
| 11758 | | - | established under section 19a-755a; and |
|---|
| 11759 | | - | (E) Any other information that the [executive director] commissioner, |
|---|
| 11760 | | - | in the [executive director's] commissioner's discretion, deems relevant |
|---|
| 11761 | | - | for the purposes of this section. |
|---|
| 11762 | | - | (2) The [executive director] commissioner shall account for costs, net |
|---|
| 11763 | | - | of rebates and discounts, when identifying other entities pursuant to |
|---|
| 11764 | | - | this section. |
|---|
| 11765 | | - | Sec. 224. Section 19a-754j of the general statutes is repealed and the |
|---|
| 11766 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11767 | | - | (a) (1) Not later than June 30, 2023, and annually thereafter, the |
|---|
| 11768 | | - | [executive director] commissioner shall hold an informational public House Bill No. 5523 |
|---|
| 11769 | | - | |
|---|
| 11770 | | - | Public Act No. 24-81 327 of 351 |
|---|
| 11771 | | - | |
|---|
| 11772 | | - | hearing to compare the growth in total health care expenditures in the |
|---|
| 11773 | | - | performance year to the health care cost growth benchmark established |
|---|
| 11774 | | - | pursuant to section 19a-754g for such year. Such hearing shall involve |
|---|
| 11775 | | - | an examination of: |
|---|
| 11776 | | - | (A) The report most recently prepared by the [executive director] |
|---|
| 11777 | | - | commissioner pursuant to subsection (b) of section 19a-754h; |
|---|
| 11778 | | - | (B) The expenditures of provider entities and payers, including, but |
|---|
| 11779 | | - | not limited to, health care cost trends, primary care spending as a |
|---|
| 11780 | | - | percentage of total medical expenses and the factors contributing to |
|---|
| 11781 | | - | such costs and expenditures; and |
|---|
| 11782 | | - | (C) Any other matters that the [executive director] commissioner, in |
|---|
| 11783 | | - | the [executive director's] commissioner's discretion, deems relevant for |
|---|
| 11784 | | - | the purposes of this section. |
|---|
| 11785 | | - | (2) The [executive director] commissioner may require any payer or |
|---|
| 11786 | | - | provider entity that, for the performance year, is found to be a |
|---|
| 11787 | | - | significant contributor to health care cost growth in the state or has |
|---|
| 11788 | | - | failed to meet the primary care spending target, to participate in such |
|---|
| 11789 | | - | hearing. Each such payer or provider entity that is required to |
|---|
| 11790 | | - | participate in such hearing shall provide testimony on issues identified |
|---|
| 11791 | | - | by the [executive director] commissioner and provide additional |
|---|
| 11792 | | - | information on actions taken to reduce such payer's or entity's |
|---|
| 11793 | | - | contribution to future state-wide health care costs and expenditures or |
|---|
| 11794 | | - | to increase such payer's or provider entity's primary care spending as a |
|---|
| 11795 | | - | percentage of total medical expenses. |
|---|
| 11796 | | - | (3) The [executive director] commissioner may require that any other |
|---|
| 11797 | | - | entity that is found to be a significant contributor to health care cost |
|---|
| 11798 | | - | growth in this state during the performance year participate in such |
|---|
| 11799 | | - | hearing. Any other entity that is required to participate in such hearing |
|---|
| 11800 | | - | shall provide testimony on issues identified by the [executive director] House Bill No. 5523 |
|---|
| 11801 | | - | |
|---|
| 11802 | | - | Public Act No. 24-81 328 of 351 |
|---|
| 11803 | | - | |
|---|
| 11804 | | - | commissioner and provide additional information on actions taken to |
|---|
| 11805 | | - | reduce such other entity's contribution to future state-wide health care |
|---|
| 11806 | | - | costs. If such other entity is a drug manufacturer, and the [executive |
|---|
| 11807 | | - | director] commissioner requires that such drug manufacturer |
|---|
| 11808 | | - | participate in such hearing with respect to a specific drug or class of |
|---|
| 11809 | | - | drugs, such hearing may, to the extent possible, include representatives |
|---|
| 11810 | | - | from at least one brand-name manufacturer, one generic manufacturer |
|---|
| 11811 | | - | and one innovator company that is less than ten years old. |
|---|
| 11812 | | - | (4) Not later than October 15, 2023, and annually thereafter, the |
|---|
| 11813 | | - | [executive director] commissioner shall prepare and submit a report, in |
|---|
| 11814 | | - | accordance with section 11-4a, to the joint standing committees of the |
|---|
| 11815 | | - | General Assembly having cognizance of matters relating to insurance |
|---|
| 11816 | | - | and public health. Such report shall be based on the [executive |
|---|
| 11817 | | - | director's] commissioner's analysis of the information submitted during |
|---|
| 11818 | | - | the most recent informational public hearing conducted pursuant to this |
|---|
| 11819 | | - | subsection and any other information that the [executive director] |
|---|
| 11820 | | - | commissioner, in the [executive director's] commissioner's discretion, |
|---|
| 11821 | | - | deems relevant for the purposes of this section, and shall: |
|---|
| 11822 | | - | (A) Describe health care spending trends in this state, including, but |
|---|
| 11823 | | - | not limited to, trends in primary care spending as a percentage of total |
|---|
| 11824 | | - | medical expense, and the factors underlying such trends; |
|---|
| 11825 | | - | (B) Include the findings from the report prepared pursuant to |
|---|
| 11826 | | - | subsection (b) of section 19a-754h; |
|---|
| 11827 | | - | (C) Describe a plan for monitoring any unintended adverse |
|---|
| 11828 | | - | consequences resulting from the adoption of cost growth benchmarks |
|---|
| 11829 | | - | and primary care spending targets and the results of any findings from |
|---|
| 11830 | | - | the implementation of such plan; and |
|---|
| 11831 | | - | (D) Disclose the [executive director's] commissioner's |
|---|
| 11832 | | - | recommendations, if any, concerning strategies to increase the efficiency House Bill No. 5523 |
|---|
| 11833 | | - | |
|---|
| 11834 | | - | Public Act No. 24-81 329 of 351 |
|---|
| 11835 | | - | |
|---|
| 11836 | | - | of the state's health care system, including, but not limited to, any |
|---|
| 11837 | | - | recommended legislation concerning the state's health care system. |
|---|
| 11838 | | - | (b) (1) Not later than June 30, 2024, and annually thereafter, the |
|---|
| 11839 | | - | [executive director] commissioner shall hold an informational public |
|---|
| 11840 | | - | hearing to compare the performance of payers and provider entities in |
|---|
| 11841 | | - | the performance year to the quality benchmarks established for such |
|---|
| 11842 | | - | year pursuant to section 19a-754g. Such hearing shall include an |
|---|
| 11843 | | - | examination of: |
|---|
| 11844 | | - | (A) The report most recently prepared by the [executive director] |
|---|
| 11845 | | - | commissioner pursuant to subsection (e) of section 19a-754h; and |
|---|
| 11846 | | - | (B) Any other matters that the [executive director] commissioner, in |
|---|
| 11847 | | - | the [executive director's] commissioner's discretion, deems relevant for |
|---|
| 11848 | | - | the purposes of this section. |
|---|
| 11849 | | - | (2) The [executive director] commissioner may require any payer or |
|---|
| 11850 | | - | provider entity that failed to meet any health care quality benchmarks |
|---|
| 11851 | | - | in this state during the performance year to participate in such hearing. |
|---|
| 11852 | | - | Each such payer or provider entity that is required to participate in such |
|---|
| 11853 | | - | hearing shall provide testimony on issues identified by the [executive |
|---|
| 11854 | | - | director] commissioner and provide additional information on actions |
|---|
| 11855 | | - | taken to improve such payer's or provider entity's quality benchmark |
|---|
| 11856 | | - | performance. |
|---|
| 11857 | | - | (3) Not later than October 15, 2024, and annually thereafter, the |
|---|
| 11858 | | - | [executive director] commissioner shall prepare and submit a report, in |
|---|
| 11859 | | - | accordance with section 11-4a, to the joint standing committees of the |
|---|
| 11860 | | - | General Assembly having cognizance of matters relating to insurance |
|---|
| 11861 | | - | and public health. Such report shall be based on the [executive |
|---|
| 11862 | | - | director's] commissioner's analysis of the information submitted during |
|---|
| 11863 | | - | the most recent informational public hearing conducted pursuant to this |
|---|
| 11864 | | - | subsection and any other information that the [executive director] House Bill No. 5523 |
|---|
| 11865 | | - | |
|---|
| 11866 | | - | Public Act No. 24-81 330 of 351 |
|---|
| 11867 | | - | |
|---|
| 11868 | | - | commissioner, in the [executive director's] commissioner's discretion, |
|---|
| 11869 | | - | deems relevant for the purposes of this section, and shall: |
|---|
| 11870 | | - | (A) Describe health care quality trends in this state and the factors |
|---|
| 11871 | | - | underlying such trends; |
|---|
| 11872 | | - | (B) Include the findings from the report prepared pursuant to |
|---|
| 11873 | | - | subsection (e) of section 19a-754h; and |
|---|
| 11874 | | - | (C) Disclose the [executive director's] commissioner's |
|---|
| 11875 | | - | recommendations, if any, concerning strategies to improve the quality |
|---|
| 11876 | | - | of the state's health care system, including, but not limited to, any |
|---|
| 11877 | | - | recommended legislation concerning the state's health care system. |
|---|
| 11878 | | - | Sec. 225. Section 19a-754k of the general statutes is repealed and the |
|---|
| 11879 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11880 | | - | The [executive director] Commissioner of Health Strategy may adopt |
|---|
| 11881 | | - | regulations, in accordance with chapter 54, to implement the provisions |
|---|
| 11882 | | - | of section 19a-754a and sections 19a-754f to 19a-754j, inclusive. |
|---|
| 11883 | | - | Sec. 226. Subsections (b) and (c) of section 19a-755a of the general |
|---|
| 11884 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 11885 | | - | (Effective from passage): |
|---|
| 11886 | | - | (b) (1) There is established an all-payer claims database program. The |
|---|
| 11887 | | - | Office of Health Strategy shall: (A) Oversee the planning, |
|---|
| 11888 | | - | implementation and administration of the all-payer claims database |
|---|
| 11889 | | - | program for the purpose of collecting, assessing and reporting health |
|---|
| 11890 | | - | care information relating to safety, quality, cost-effectiveness, access and |
|---|
| 11891 | | - | efficiency for all levels of health care; (B) ensure that data received is |
|---|
| 11892 | | - | securely collected, compiled and stored in accordance with state and |
|---|
| 11893 | | - | federal law; (C) conduct audits of data submitted by reporting entities |
|---|
| 11894 | | - | in order to verify its accuracy; and (D) in consultation with the Health |
|---|
| 11895 | | - | Information Technology Advisory Council established under section House Bill No. 5523 |
|---|
| 11896 | | - | |
|---|
| 11897 | | - | Public Act No. 24-81 331 of 351 |
|---|
| 11898 | | - | |
|---|
| 11899 | | - | 17b-59f, maintain written procedures for the administration of such all- |
|---|
| 11900 | | - | payer claims database. Any such written procedures shall include (i) |
|---|
| 11901 | | - | reporting requirements for reporting entities, and (ii) requirements for |
|---|
| 11902 | | - | providing notice to a reporting entity regarding any alleged failure on |
|---|
| 11903 | | - | the part of such reporting entity to comply with such reporting |
|---|
| 11904 | | - | requirements. |
|---|
| 11905 | | - | (2) The [executive director of the Office] Commissioner of Health |
|---|
| 11906 | | - | Strategy shall seek funding from the federal government, other public |
|---|
| 11907 | | - | sources and other private sources to cover costs associated with the |
|---|
| 11908 | | - | planning, implementation and administration of the all-payer claims |
|---|
| 11909 | | - | database program. |
|---|
| 11910 | | - | (3) (A) Upon the adoption of reporting requirements as set forth in |
|---|
| 11911 | | - | subdivision (1) of this subsection, a reporting entity shall report health |
|---|
| 11912 | | - | care information for inclusion in the all-payer claims database in a form |
|---|
| 11913 | | - | and manner prescribed by the [executive director of the Office] |
|---|
| 11914 | | - | Commissioner of Health Strategy. The [executive director] |
|---|
| 11915 | | - | commissioner may, after notice and hearing, impose a civil penalty on |
|---|
| 11916 | | - | any reporting entity that fails to report health care information as |
|---|
| 11917 | | - | prescribed. Such civil penalty shall not exceed one thousand dollars per |
|---|
| 11918 | | - | day for each day of violation and shall not be imposed as a cost for the |
|---|
| 11919 | | - | purpose of rate determination or reimbursement by a third-party payer. |
|---|
| 11920 | | - | (B) The [executive director of the Office] Commissioner of Health |
|---|
| 11921 | | - | Strategy may provide the name of any reporting entity on which such |
|---|
| 11922 | | - | penalty has been imposed to the Insurance Commissioner. After |
|---|
| 11923 | | - | consultation with [said executive director] the Commissioner of Health |
|---|
| 11924 | | - | Strategy, the [commissioner] Insurance Commissioner may request the |
|---|
| 11925 | | - | Attorney General to bring an action in the superior court for the judicial |
|---|
| 11926 | | - | district of Hartford to recover any penalty imposed pursuant to |
|---|
| 11927 | | - | subparagraph (A) of this subdivision. |
|---|
| 11928 | | - | (4) The Commissioner of Social Services shall submit Medicaid and House Bill No. 5523 |
|---|
| 11929 | | - | |
|---|
| 11930 | | - | Public Act No. 24-81 332 of 351 |
|---|
| 11931 | | - | |
|---|
| 11932 | | - | CHIP data to the [executive director of the Office] Commissioner of |
|---|
| 11933 | | - | Health Strategy for inclusion in the all-payer claims database only for |
|---|
| 11934 | | - | purposes related to administration of the State Medicaid and CHIP |
|---|
| 11935 | | - | Plans, in accordance with 42 CFR 431.301 to 42 CFR 431.306, inclusive. |
|---|
| 11936 | | - | (5) The [executive director of the Office] Commissioner of Health |
|---|
| 11937 | | - | Strategy shall: (A) Utilize data in the all-payer claims database to |
|---|
| 11938 | | - | provide health care consumers in the state with information concerning |
|---|
| 11939 | | - | the cost and quality of health care services for the purpose of allowing |
|---|
| 11940 | | - | such consumers to make economically sound and medically |
|---|
| 11941 | | - | appropriate health care decisions; and (B) make data in the all-payer |
|---|
| 11942 | | - | claims database available to any state agency, insurer, employer, health |
|---|
| 11943 | | - | care provider, consumer of health care services or researcher for the |
|---|
| 11944 | | - | purpose of allowing such person or entity to review such data as it |
|---|
| 11945 | | - | relates to health care utilization, costs or quality of health care services. |
|---|
| 11946 | | - | If health information, as defined in 45 CFR 160.103, as amended from |
|---|
| 11947 | | - | time to time, is permitted to be disclosed under the Health Insurance |
|---|
| 11948 | | - | Portability and Accountability Act of 1996, P.L. 104-191, as amended |
|---|
| 11949 | | - | from time to time, or regulations adopted thereunder, any disclosure |
|---|
| 11950 | | - | thereof made pursuant to this subdivision shall have identifiers |
|---|
| 11951 | | - | removed, as set forth in 45 CFR 164.514, as amended from time to time. |
|---|
| 11952 | | - | Any disclosure made pursuant to this subdivision of information other |
|---|
| 11953 | | - | than health information shall be made in a manner to protect the |
|---|
| 11954 | | - | confidentiality of such other information as required by state and |
|---|
| 11955 | | - | federal law. The [executive director of the Office] Commissioner of |
|---|
| 11956 | | - | Health Strategy may set a fee to be charged to each person or entity |
|---|
| 11957 | | - | requesting access to data stored in the all-payer claims database. |
|---|
| 11958 | | - | (6) The [executive director of the Office] Commissioner of Health |
|---|
| 11959 | | - | Strategy may (A) in consultation with the All-Payer Claims Database |
|---|
| 11960 | | - | Advisory Group set forth in section 17b-59f, enter into a contract with a |
|---|
| 11961 | | - | person or entity to plan, implement or administer the all-payer claims |
|---|
| 11962 | | - | database program, (B) enter into a contract or take any action that is House Bill No. 5523 |
|---|
| 11963 | | - | |
|---|
| 11964 | | - | Public Act No. 24-81 333 of 351 |
|---|
| 11965 | | - | |
|---|
| 11966 | | - | necessary to obtain data that is the same data required to be submitted |
|---|
| 11967 | | - | by reporting entities under Medicare Part A or Part B, (C) enter into a |
|---|
| 11968 | | - | contract for the collection, management or analysis of data received |
|---|
| 11969 | | - | from reporting entities, and (D) in accordance with subdivision (4) of |
|---|
| 11970 | | - | this subsection, enter into a contract or take any action that is necessary |
|---|
| 11971 | | - | to obtain Medicaid and CHIP data. Any such contract for the collection, |
|---|
| 11972 | | - | management or analysis of such data shall expressly prohibit the |
|---|
| 11973 | | - | disclosure of such data for purposes other than the purposes described |
|---|
| 11974 | | - | in this subsection. |
|---|
| 11975 | | - | (c) Unless otherwise specified, nothing in this section and no action |
|---|
| 11976 | | - | taken by the [executive director of the Office] Commissioner of Health |
|---|
| 11977 | | - | Strategy pursuant to this section or section 19a-755b shall be construed |
|---|
| 11978 | | - | to preempt, supersede or affect the authority of the Insurance |
|---|
| 11979 | | - | Commissioner to regulate the business of insurance in the state. |
|---|
| 11980 | | - | Sec. 227. Section 19a-755b of the general statutes is repealed and the |
|---|
| 11981 | | - | following is substituted in lieu thereof (Effective from passage): |
|---|
| 11982 | | - | (a) For purposes of this section and sections 19a-904a, 19a-904b and |
|---|
| 11983 | | - | 38a-477d to 38a-477f, inclusive: |
|---|
| 11984 | | - | (1) "Allowed amount" means the maximum reimbursement dollar |
|---|
| 11985 | | - | amount that an insured's health insurance policy allows for a specific |
|---|
| 11986 | | - | procedure or service; |
|---|
| 11987 | | - | (2) "Consumer health information Internet web site" means an |
|---|
| 11988 | | - | Internet web site developed and operated by the Office of Health |
|---|
| 11989 | | - | Strategy to assist consumers in making informed decisions concerning |
|---|
| 11990 | | - | their health care and informed choices among health care providers; |
|---|
| 11991 | | - | (3) "Episode of care" means all health care services related to the |
|---|
| 11992 | | - | treatment of a condition or a service category for such treatment and, |
|---|
| 11993 | | - | for acute conditions, includes health care services and treatment |
|---|
| 11994 | | - | provided from the onset of the condition to its resolution or a service House Bill No. 5523 |
|---|
| 11995 | | - | |
|---|
| 11996 | | - | Public Act No. 24-81 334 of 351 |
|---|
| 11997 | | - | |
|---|
| 11998 | | - | category for such treatment and, for chronic conditions, includes health |
|---|
| 11999 | | - | care services and treatment provided over a given period of time or a |
|---|
| 12000 | | - | service category for such treatment; |
|---|
| 12001 | | - | (4) ["Executive director"] "Commissioner" means the [executive |
|---|
| 12002 | | - | director of the Office] Commissioner of Health Strategy; |
|---|
| 12003 | | - | (5) "Health care provider" means any individual, corporation, facility |
|---|
| 12004 | | - | or institution licensed by this state to provide health care services; |
|---|
| 12005 | | - | (6) "Health carrier" means any insurer, health care center, hospital |
|---|
| 12006 | | - | service corporation, medical service corporation, fraternal benefit |
|---|
| 12007 | | - | society or other entity delivering, issuing for delivery, renewing, |
|---|
| 12008 | | - | amending or continuing any individual or group health insurance |
|---|
| 12009 | | - | policy in this state providing coverage of the type specified in |
|---|
| 12010 | | - | subdivisions (1), (2), (4), (11) and (12) of section 38a-469; |
|---|
| 12011 | | - | (7) "Hospital" has the same meaning as provided in section 19a-490; |
|---|
| 12012 | | - | (8) "Out-of-pocket costs" means costs that are not reimbursed by a |
|---|
| 12013 | | - | health insurance policy and includes deductibles, coinsurance and |
|---|
| 12014 | | - | copayments for covered services and other costs to the consumer |
|---|
| 12015 | | - | associated with a procedure or service; |
|---|
| 12016 | | - | (9) "Outpatient surgical facility" has the same meaning as provided |
|---|
| 12017 | | - | in section 19a-493b; and |
|---|
| 12018 | | - | (10) "Public or private third party" means the state, the federal |
|---|
| 12019 | | - | government, employers, a health carrier, third-party administrator, as |
|---|
| 12020 | | - | defined in section 38a-720, or managed care organization. |
|---|
| 12021 | | - | (b) (1) Within available resources, the consumer health information |
|---|
| 12022 | | - | Internet web site shall: (A) Contain information comparing the quality, |
|---|
| 12023 | | - | price and cost of health care services, including, to the extent practicable, |
|---|
| 12024 | | - | (i) comparative price and cost information for the health care services House Bill No. 5523 |
|---|
| 12025 | | - | |
|---|
| 12026 | | - | Public Act No. 24-81 335 of 351 |
|---|
| 12027 | | - | |
|---|
| 12028 | | - | and procedures reported pursuant to subsection (c) of this section |
|---|
| 12029 | | - | categorized by payer or listed by health care provider, (ii) links to |
|---|
| 12030 | | - | Internet web sites and consumer tools where consumers may obtain |
|---|
| 12031 | | - | comparative cost and quality information, including The Joint |
|---|
| 12032 | | - | Commission and Medicare hospital compare tool, (iii) definitions of |
|---|
| 12033 | | - | common health insurance and medical terms so consumers may |
|---|
| 12034 | | - | compare health coverage and understand the terms of their coverage, |
|---|
| 12035 | | - | and (iv) factors consumers should consider when choosing an insurance |
|---|
| 12036 | | - | product or provider group, including provider network, premium, cost |
|---|
| 12037 | | - | sharing, covered services and tier information; (B) be designed to assist |
|---|
| 12038 | | - | consumers and institutional purchasers in making informed decisions |
|---|
| 12039 | | - | regarding their health care and informed choices among health care |
|---|
| 12040 | | - | providers and, to the extent practicable, provide reference pricing for |
|---|
| 12041 | | - | services paid by various health carriers to health care providers; (C) |
|---|
| 12042 | | - | present information in language and a format that is understandable to |
|---|
| 12043 | | - | the average consumer; and (D) be publicized to the general public. All |
|---|
| 12044 | | - | information outlined in this section shall be posted on an Internet web |
|---|
| 12045 | | - | site established, or to be established, by the [executive director of the |
|---|
| 12046 | | - | Office] Commissioner of Health Strategy in a manner and time frame as |
|---|
| 12047 | | - | may be organizationally and financially reasonable in his or her sole |
|---|
| 12048 | | - | discretion. |
|---|
| 12049 | | - | (2) Information collected, stored and published by the Office of |
|---|
| 12050 | | - | Health Strategy pursuant to this section is subject to the federal Health |
|---|
| 12051 | | - | Insurance Portability and Accountability Act of 1996, P.L. 104-191, as |
|---|
| 12052 | | - | amended from time to time. |
|---|
| 12053 | | - | (3) The [executive director of the Office] Commissioner of Health |
|---|
| 12054 | | - | Strategy may consider adding quality measures to the consumer health |
|---|
| 12055 | | - | information Internet web site. |
|---|
| 12056 | | - | (c) Not later than January 1, 2018, and annually thereafter, the |
|---|
| 12057 | | - | [executive director of the Office] Commissioner of Health Strategy shall, |
|---|
| 12058 | | - | to the extent the information is available, make available to the public House Bill No. 5523 |
|---|
| 12059 | | - | |
|---|
| 12060 | | - | Public Act No. 24-81 336 of 351 |
|---|
| 12061 | | - | |
|---|
| 12062 | | - | on the consumer health information Internet web site a list of: (1) The |
|---|
| 12063 | | - | fifty most frequently occurring inpatient services or procedures in the |
|---|
| 12064 | | - | state; (2) the fifty most frequently provided outpatient services or |
|---|
| 12065 | | - | procedures in the state; (3) the twenty-five most frequent surgical |
|---|
| 12066 | | - | services or procedures in the state; (4) the twenty-five most frequent |
|---|
| 12067 | | - | imaging services or procedures in the state; and (5) the twenty-five most |
|---|
| 12068 | | - | frequently used pharmaceutical products and medical devices in the |
|---|
| 12069 | | - | state. Such lists may (A) be expanded to include additional admissions |
|---|
| 12070 | | - | and procedures, (B) be based upon those services and procedures that |
|---|
| 12071 | | - | are most commonly performed by volume or that represent the greatest |
|---|
| 12072 | | - | percentage of related health care expenditures, or (C) be designed to |
|---|
| 12073 | | - | include those services and procedures most likely to result in out-of- |
|---|
| 12074 | | - | pocket costs to consumers or include bundled episodes of care. |
|---|
| 12075 | | - | (d) Not later than January 1, 2018, and annually thereafter, to the |
|---|
| 12076 | | - | extent practicable, the [executive director of the Office] Commissioner |
|---|
| 12077 | | - | of Health Strategy shall issue a report, in a form and manner [to be |
|---|
| 12078 | | - | decided] prescribed by the [executive director] commissioner, that |
|---|
| 12079 | | - | includes the (1) billed and allowed amounts paid to health care |
|---|
| 12080 | | - | providers in each health carrier's network for each service and |
|---|
| 12081 | | - | procedure included pursuant to subsection (c) of this section, and (2) |
|---|
| 12082 | | - | out-of-pocket costs for each such service and procedure. |
|---|
| 12083 | | - | (e) (1) On and after January 1, 2018, each hospital shall, at the time of |
|---|
| 12084 | | - | scheduling a service or procedure for nonemergency care that is |
|---|
| 12085 | | - | included in the report prepared by the [executive director of the Office] |
|---|
| 12086 | | - | Commissioner of Health Strategy pursuant to subsection (d) of this |
|---|
| 12087 | | - | section, regardless of the location or setting where such services are |
|---|
| 12088 | | - | delivered, notify the patient of the patient's right to make a request for |
|---|
| 12089 | | - | cost and quality information. Upon the request of a patient for a |
|---|
| 12090 | | - | diagnosis or procedure included in such report, the hospital shall, not |
|---|
| 12091 | | - | later than three business days after scheduling such service or |
|---|
| 12092 | | - | procedure, provide written notice, electronically or by mail, to the House Bill No. 5523 |
|---|
| 12093 | | - | |
|---|
| 12094 | | - | Public Act No. 24-81 337 of 351 |
|---|
| 12095 | | - | |
|---|
| 12096 | | - | patient who is the subject of the service or procedure concerning: (A) If |
|---|
| 12097 | | - | the patient is uninsured, the amount to be charged for the service or |
|---|
| 12098 | | - | procedure if all charges are paid in full without a public or private third |
|---|
| 12099 | | - | party paying any portion of the charges, including the amount of any |
|---|
| 12100 | | - | facility fee, or, if the hospital is not able to provide a specific amount due |
|---|
| 12101 | | - | to an inability to predict the specific treatment or diagnostic code, the |
|---|
| 12102 | | - | estimated maximum allowed amount or charge for the service or |
|---|
| 12103 | | - | procedure, including the amount of any facility fee; (B) the |
|---|
| 12104 | | - | corresponding Medicare reimbursement amount or, if there is no |
|---|
| 12105 | | - | corresponding Medicare reimbursement amount for such diagnosis or |
|---|
| 12106 | | - | procedure, (i) the approximate amount Medicare would have paid the |
|---|
| 12107 | | - | hospital for the services on the billing statement, or (ii) the percentage |
|---|
| 12108 | | - | of the hospital's charges that Medicare would have paid the hospital for |
|---|
| 12109 | | - | the services; (C) if the patient is insured, the allowed amount, the toll- |
|---|
| 12110 | | - | free telephone number and the Internet web site address of the patient's |
|---|
| 12111 | | - | health carrier where the patient can obtain information concerning |
|---|
| 12112 | | - | charges and out-of-pocket costs; (D) The Joint Commission's composite |
|---|
| 12113 | | - | accountability rating and the Medicare hospital compare star rating for |
|---|
| 12114 | | - | the hospital, as applicable; and (E) the Internet web site addresses for |
|---|
| 12115 | | - | The Joint Commission and the Medicare hospital compare tool where |
|---|
| 12116 | | - | the patient may obtain information concerning the hospital. |
|---|
| 12117 | | - | (2) If the patient is insured and the hospital is out-of-network under |
|---|
| 12118 | | - | the patient's health insurance policy, such written notice shall include a |
|---|
| 12119 | | - | statement that the service or procedure will likely be deemed out-of- |
|---|
| 12120 | | - | network and that any out-of-network applicable rates under such policy |
|---|
| 12121 | | - | may apply. |
|---|
| 12122 | | - | Sec. 228. Subsection (b) of section 19a-911 of the general statutes is |
|---|
| 12123 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 12124 | | - | passage): |
|---|
| 12125 | | - | (b) The Council on Protecting Women's Health shall be comprised of |
|---|
| 12126 | | - | (1) the following ex-officio voting members: (A) The Commissioner of House Bill No. 5523 |
|---|
| 12127 | | - | |
|---|
| 12128 | | - | Public Act No. 24-81 338 of 351 |
|---|
| 12129 | | - | |
|---|
| 12130 | | - | Public Health, or the commissioner's designee; (B) the Commissioner of |
|---|
| 12131 | | - | Mental Health and Addiction Services, or the commissioner's designee; |
|---|
| 12132 | | - | (C) the Insurance Commissioner, or the commissioner's designee; (D) |
|---|
| 12133 | | - | the [executive director of Office] Commissioner of Health Strategy, or |
|---|
| 12134 | | - | the [executive director's] commissioner's designee; (E) the Healthcare |
|---|
| 12135 | | - | Advocate, or the Healthcare Advocate's designee; and (F) the Secretary |
|---|
| 12136 | | - | of the Office of Policy and Management, or the secretary's designee; and |
|---|
| 12137 | | - | (2) fourteen public members, three of whom shall be appointed by the |
|---|
| 12138 | | - | president pro tempore of the Senate, three of whom shall be appointed |
|---|
| 12139 | | - | by the speaker of the House of Representatives, two of whom shall be |
|---|
| 12140 | | - | appointed by the majority leader of the Senate, two of whom shall be |
|---|
| 12141 | | - | appointed by the majority leader of the House of Representatives, two |
|---|
| 12142 | | - | of whom shall be appointed by the minority leader of the Senate and |
|---|
| 12143 | | - | two of whom shall be appointed by the minority leader of the House of |
|---|
| 12144 | | - | Representatives, and all of whom shall be knowledgeable on issues |
|---|
| 12145 | | - | relative to women's health care in the state. The membership of the |
|---|
| 12146 | | - | council shall fairly and adequately represent women who have had |
|---|
| 12147 | | - | issues accessing quality health care in the state. |
|---|
| 12148 | | - | Sec. 229. Subsections (b) and (c) of section 20-195sss of the general |
|---|
| 12149 | | - | statutes are repealed and the following is substituted in lieu thereof |
|---|
| 12150 | | - | (Effective from passage): |
|---|
| 12151 | | - | (b) The [executive director of the Office] Commissioner of Health |
|---|
| 12152 | | - | Strategy [, established under section 19a-754a,] shall, within available |
|---|
| 12153 | | - | resources and in consultation with the Community Health Worker |
|---|
| 12154 | | - | Advisory Committee established by said office and the Commissioner |
|---|
| 12155 | | - | of Public Health, study the feasibility of creating a certification program |
|---|
| 12156 | | - | for community health workers. Such study shall examine the fiscal |
|---|
| 12157 | | - | impact of implementing such a certification program and include |
|---|
| 12158 | | - | recommendations for (1) requirements for certification and renewal of |
|---|
| 12159 | | - | certification of community health workers, including any training, |
|---|
| 12160 | | - | experience or continuing education requirements, (2) methods for House Bill No. 5523 |
|---|
| 12161 | | - | |
|---|
| 12162 | | - | Public Act No. 24-81 339 of 351 |
|---|
| 12163 | | - | |
|---|
| 12164 | | - | administering a certification program, including a certification |
|---|
| 12165 | | - | application, a standardized assessment of experience, knowledge and |
|---|
| 12166 | | - | skills, and an electronic registry, and (3) requirements for recognizing |
|---|
| 12167 | | - | training program curricula that are sufficient to satisfy the requirements |
|---|
| 12168 | | - | of certification. |
|---|
| 12169 | | - | (c) Not later than October 1, 2018, the [executive director of the Office] |
|---|
| 12170 | | - | Commissioner of Health Strategy shall report, in accordance with the |
|---|
| 12171 | | - | provisions of section 11-4a, on the results of such study and |
|---|
| 12172 | | - | recommendations to the joint standing committees of the General |
|---|
| 12173 | | - | Assembly having cognizance of matters relating to public health and |
|---|
| 12174 | | - | human services. |
|---|
| 12175 | | - | Sec. 230. Subsection (c) of section 20-195ttt of the general statutes is |
|---|
| 12176 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 12177 | | - | passage): |
|---|
| 12178 | | - | (c) The [executive director of the Office] Commissioner of Health |
|---|
| 12179 | | - | Strategy, or the [executive director's] commissioner's designee, shall act |
|---|
| 12180 | | - | as the chair of the Community Health Worker Advisory Body and shall |
|---|
| 12181 | | - | appoint the following members to said body: |
|---|
| 12182 | | - | (1) Six members who are actively practicing as community health |
|---|
| 12183 | | - | workers in the state; |
|---|
| 12184 | | - | (2) A member of the Community Health Workers Association of |
|---|
| 12185 | | - | Connecticut; |
|---|
| 12186 | | - | (3) A representative of a community-based community health worker |
|---|
| 12187 | | - | training organization; |
|---|
| 12188 | | - | (4) A representative of a regional community-technical college; |
|---|
| 12189 | | - | (5) An employer of community health workers; |
|---|
| 12190 | | - | (6) A representative of a health care organization that employs House Bill No. 5523 |
|---|
| 12191 | | - | |
|---|
| 12192 | | - | Public Act No. 24-81 340 of 351 |
|---|
| 12193 | | - | |
|---|
| 12194 | | - | community health workers; |
|---|
| 12195 | | - | (7) A health care provider who works directly with community health |
|---|
| 12196 | | - | workers; and |
|---|
| 12197 | | - | (8) The Commissioner of Public Health, or the commissioner's |
|---|
| 12198 | | - | designee. |
|---|
| 12199 | | - | Sec. 231. Subsection (a) of section 38a-477e of the general statutes is |
|---|
| 12200 | | - | repealed and the following is substituted in lieu thereof (Effective from |
|---|
| 12201 | | - | passage): |
|---|
| 12202 | | - | (a) On and after January 1, 2017, each health carrier, as defined in |
|---|
| 12203 | | - | section 19a-755b, shall maintain an Internet web site and toll-free |
|---|
| 12204 | | - | telephone number that enables consumers to request and obtain: (1) |
|---|
| 12205 | | - | Information on in-network costs for inpatient admissions, health care |
|---|
| 12206 | | - | procedures and services, including (A) the allowed amount for, at a |
|---|
| 12207 | | - | minimum, admissions and procedures reported to the [executive |
|---|
| 12208 | | - | director of the Office] Commissioner of Health Strategy pursuant to |
|---|
| 12209 | | - | section 19a-755b for each health care provider in the state; (B) the |
|---|
| 12210 | | - | estimated out-of-pocket costs that a consumer would be responsible for |
|---|
| 12211 | | - | paying for any such admission or procedure that is medically necessary, |
|---|
| 12212 | | - | including any facility fee, coinsurance, copayment, deductible or other |
|---|
| 12213 | | - | out-of-pocket expense; and (C) data or other information concerning (i) |
|---|
| 12214 | | - | quality measures for the health care provider, (ii) patient satisfaction, to |
|---|
| 12215 | | - | the extent such information is available, (iii) a directory of participating |
|---|
| 12216 | | - | providers, as defined in section 38a-472f, in accordance with the |
|---|
| 12217 | | - | provisions of section 38a-477h; and (2) information on out-of-network |
|---|
| 12218 | | - | costs for inpatient admissions, health care procedures and services. |
|---|
| 12219 | | - | Sec. 232. Subparagraph (B) of subdivision (1) of subsection (c) of |
|---|
| 12220 | | - | section 38a-477ee of the general statutes is repealed and the following is |
|---|
| 12221 | | - | substituted in lieu thereof (Effective from passage): |
|---|
| 12222 | | - | (B) The Attorney General, Healthcare Advocate and [executive House Bill No. 5523 |
|---|
| 12223 | | - | |
|---|
| 12224 | | - | Public Act No. 24-81 341 of 351 |
|---|
| 12225 | | - | |
|---|
| 12226 | | - | director of the Office] Commissioner of Health Strategy. |
|---|
| 12227 | | - | Sec. 233. (Effective from passage) The following sums are appropriated |
|---|
| 12228 | | - | from the GENERAL FUND for the purposes herein specified for the |
|---|
| 12229 | | - | fiscal year ending June 30, 2024: |
|---|
| 12230 | | - | |
|---|
| 12231 | | - | GENERAL FUND 2023-2024 |
|---|
| 12232 | | - | |
|---|
| 2705 | + | T923 Youth Business Initiative 50,000 |
|---|
| 2706 | + | |
|---|
| 2707 | + | Sec. 22. Section 10a-19m of the 2024 supplement to the general 245 |
|---|
| 2708 | + | statutes is repealed and the following is substituted in lieu thereof 246 |
|---|
| 2709 | + | (Effective July 1, 2024): 247 |
|---|
| 2710 | + | (a) On or before January 1, 2025, the executive director of the Office 248 |
|---|
| 2711 | + | of Higher Education shall establish, within available appropriations, a 249 |
|---|
| 2712 | + | program to reimburse certain persons for student loan payments. The 250 |
|---|
| 2713 | + | Office of Higher Education may approve the participation of any person 251 |
|---|
| 2714 | + | in the student loan reimbursement program who (1) (A) attended a 252 |
|---|
| 2715 | + | [state college or university] public or independent institution of higher 253 |
|---|
| 2716 | + | education in the state and graduated with an associate or a bachelor's 254 |
|---|
| 2717 | + | degree, (B) [left such college or university in good academic standing 255 |
|---|
| 2718 | + | before graduation, or (C)] holds an occupational or professional license 256 |
|---|
| 2719 | + | or certification issued pursuant to title 20, or (C) is granted a hardship 257 |
|---|
| 2720 | + | waiver by the executive director, pursuant to a waiver application 258 |
|---|
| 2721 | + | Bill No. |
|---|
| 2722 | + | |
|---|
| 2723 | + | |
|---|
| 2724 | + | |
|---|
| 2725 | + | LCO No. 5697 49 of 350 |
|---|
| 2726 | + | |
|---|
| 2727 | + | submitted by such person in the form and manner prescribed by the 259 |
|---|
| 2728 | + | executive director; (2) is a resident of the state, as defined in section 12-260 |
|---|
| 2729 | + | 701, and has been a resident of the state for not less than five years, as 261 |
|---|
| 2730 | + | determined by the executive director; (3) has (A) a Connecticut adjusted 262 |
|---|
| 2731 | + | gross income of not more than one hundred twenty-five thousand 263 |
|---|
| 2732 | + | dollars and files a return under the federal income tax as an unmarried 264 |
|---|
| 2733 | + | individual or a married individual filing separately, or (B) a Connecticut 265 |
|---|
| 2734 | + | adjusted gross income of not more than one hundred seventy-five 266 |
|---|
| 2735 | + | thousand dollars and files a return under the federal income tax as a 267 |
|---|
| 2736 | + | head of household, a married individual filing jointly or a surviving 268 |
|---|
| 2737 | + | spouse, as defined in Section 2(a) of the Internal Revenue Code of 1986, 269 |
|---|
| 2738 | + | or any subsequent corresponding internal revenue code of the United 270 |
|---|
| 2739 | + | States, as amended from time to time; and (4) has a student loan. [For 271 |
|---|
| 2740 | + | the purposes of this section "state college or university" means any 272 |
|---|
| 2741 | + | public or private college or university in the state.] 273 |
|---|
| 2742 | + | (b) Persons who qualify under subsection (a) of this section may 274 |
|---|
| 2743 | + | apply to the Office of Higher Education to participate in the student loan 275 |
|---|
| 2744 | + | reimbursement program at such time and in such manner as the 276 |
|---|
| 2745 | + | executive director of said office prescribes. Not later than January 1, 277 |
|---|
| 2746 | + | 2025, the executive director shall post on said office's Internet web site 278 |
|---|
| 2747 | + | the (1) qualifications for a hardship waiver described in subparagraph 279 |
|---|
| 2748 | + | (C) of subdivision (1) of said subsection, and (2) forms required to apply 280 |
|---|
| 2749 | + | for the student loan reimbursement program and a hardship waiver. 281 |
|---|
| 2750 | + | The application for the student loan reimbursement program shall 282 |
|---|
| 2751 | + | include, but not be limited to, an option for a person to disclose such 283 |
|---|
| 2752 | + | person's demographic information. 284 |
|---|
| 2753 | + | (c) (1) The executive director of the Office of Higher Education shall 285 |
|---|
| 2754 | + | award grants to persons approved to participate in the student loan 286 |
|---|
| 2755 | + | reimbursement program on a first-come, first-served basis, provided 287 |
|---|
| 2756 | + | such person meets the requirements of this subsection. 288 |
|---|
| 2757 | + | (2) Each participant in the program shall volunteer for a nonprofit 289 |
|---|
| 2758 | + | organization that is registered with the Department of Consumer 290 |
|---|
| 2759 | + | Bill No. |
|---|
| 2760 | + | |
|---|
| 2761 | + | |
|---|
| 2762 | + | |
|---|
| 2763 | + | LCO No. 5697 50 of 350 |
|---|
| 2764 | + | |
|---|
| 2765 | + | Protection or a municipal government in the state for not less than fifty 291 |
|---|
| 2766 | + | unpaid hours for each year of participation in the student loan 292 |
|---|
| 2767 | + | reimbursement program. For purposes of this section, "volunteer hours" 293 |
|---|
| 2768 | + | shall include, but need not be limited to, service on the board of directors 294 |
|---|
| 2769 | + | for a nonprofit organization and military service. 295 |
|---|
| 2770 | + | (3) Each participant in the program shall annually submit [receipts of 296 |
|---|
| 2771 | + | payment on student loans and evidence of having completed such 297 |
|---|
| 2772 | + | volunteer hours] to the Office of Higher Education, in the manner 298 |
|---|
| 2773 | + | prescribed by the executive director, a (A) statement from a student loan 299 |
|---|
| 2774 | + | servicer that includes the amounts for the outstanding loan balance for 300 |
|---|
| 2775 | + | such student loan and the total of the year-to-date payments made on 301 |
|---|
| 2776 | + | such student loan, and (B) form documenting the number of volunteer 302 |
|---|
| 2777 | + | hours completed by such participant that is (i) signed by such 303 |
|---|
| 2778 | + | participant's supervisor or other employee of the nonprofit organization 304 |
|---|
| 2779 | + | or municipal government for which such participant volunteered, or, 305 |
|---|
| 2780 | + | for military service, such participant's commanding officer, and (ii) 306 |
|---|
| 2781 | + | notarized. 307 |
|---|
| 2782 | + | (4) The Office of Higher Education shall reimburse each program 308 |
|---|
| 2783 | + | participant who meets the requirements of this section for student loan 309 |
|---|
| 2784 | + | payments an amount of not more than five thousand dollars, annually, 310 |
|---|
| 2785 | + | provided no person shall participate in the student loan reimbursement 311 |
|---|
| 2786 | + | program for more than four years or receive more than twenty thousand 312 |
|---|
| 2787 | + | dollars in aggregate reimbursement for student loan payments. 313 |
|---|
| 2788 | + | (d) The Office of Higher Education may use up to two and one-half 314 |
|---|
| 2789 | + | per cent of the funds appropriated for purposes of this section, annually, 315 |
|---|
| 2790 | + | for program administration, promotion and recruitment activities. 316 |
|---|
| 2791 | + | (e) Not later than July 1, 2026, and each January and July thereafter, 317 |
|---|
| 2792 | + | the executive director of the Office of Higher Education shall report, in 318 |
|---|
| 2793 | + | accordance with the provisions of section 11-4a, to the joint standing 319 |
|---|
| 2794 | + | committees of the General Assembly having cognizance of matters 320 |
|---|
| 2795 | + | relating to higher education and employment advancement and 321 |
|---|
| 2796 | + | Bill No. |
|---|
| 2797 | + | |
|---|
| 2798 | + | |
|---|
| 2799 | + | |
|---|
| 2800 | + | LCO No. 5697 51 of 350 |
|---|
| 2801 | + | |
|---|
| 2802 | + | appropriations and the budgets of state agencies on the operation and 322 |
|---|
| 2803 | + | effectiveness of the program and any recommendations to expand the 323 |
|---|
| 2804 | + | program. 324 |
|---|
| 2805 | + | Sec. 23. Section 7-621 of the 2024 supplement to the general statutes 325 |
|---|
| 2806 | + | is repealed and the following is substituted in lieu thereof (Effective July 326 |
|---|
| 2807 | + | 1, 2024): 327 |
|---|
| 2808 | + | (a) The Comptroller shall establish the Hartford Sewerage System 328 |
|---|
| 2809 | + | Repair and Improvement Fund. Said fund may contain any moneys 329 |
|---|
| 2810 | + | required or permitted by law to be deposited in the fund and any funds 330 |
|---|
| 2811 | + | received from any public or private contributions, gifts, grants, 331 |
|---|
| 2812 | + | donations, bequests or devises to the fund. The moneys in said fund 332 |
|---|
| 2813 | + | shall be expended by the Comptroller for the purposes of (1) developing 333 |
|---|
| 2814 | + | and administering the program established pursuant to section 7-622, 334 |
|---|
| 2815 | + | (2) providing compensation to the administrator appointed pursuant to 335 |
|---|
| 2816 | + | subsection (b) of said section, [7-622,] (3) contracting with a licensed 336 |
|---|
| 2817 | + | home inspector or insurance adjuster and reimbursing [the 337 |
|---|
| 2818 | + | Metropolitan District of Hartford County and] eligible applicants for 338 |
|---|
| 2819 | + | costs associated with [providing and] hiring licensed home inspectors 339 |
|---|
| 2820 | + | and insurance adjusters pursuant to subsection (c) of said section, [7-340 |
|---|
| 2821 | + | 622,] and (4) providing compensation to any [administrator hired] judge 341 |
|---|
| 2822 | + | trial referee assigned pursuant to subsection (d) of said section. [7-622.] 342 |
|---|
| 2823 | + | (b) The city of Hartford may contribute funds to the Hartford 343 |
|---|
| 2824 | + | Sewerage System Repair and Improvement Fund established pursuant 344 |
|---|
| 2825 | + | to subsection (a) of this section. 345 |
|---|
| 2826 | + | Sec. 24. Section 7-622 of the 2024 supplement to the general statutes 346 |
|---|
| 2827 | + | is repealed and the following is substituted in lieu thereof (Effective July 347 |
|---|
| 2828 | + | 1, 2024): 348 |
|---|
| 2829 | + | (a) Not later than January 1, 2024, the Comptroller shall develop a 349 |
|---|
| 2830 | + | grant program to provide financial (1) assistance to eligible owners of 350 |
|---|
| 2831 | + | real property in the city of Hartford to pay for repairs to such property 351 |
|---|
| 2832 | + | necessitated by flood damage caused on or after January 1, 2021, and (2) 352 |
|---|
| 2833 | + | Bill No. |
|---|
| 2834 | + | |
|---|
| 2835 | + | |
|---|
| 2836 | + | |
|---|
| 2837 | + | LCO No. 5697 52 of 350 |
|---|
| 2838 | + | |
|---|
| 2839 | + | reimbursement to residents of the city of Hartford for costs associated 353 |
|---|
| 2840 | + | with damage to personal property due to flooding occurring on or after 354 |
|---|
| 2841 | + | said date. 355 |
|---|
| 2842 | + | (b) The Governor shall appoint an administrator to administer the 356 |
|---|
| 2843 | + | program developed pursuant to subsection (a) of this section not later 357 |
|---|
| 2844 | + | than August 1, 2023. The administrator shall be a resident of the city of 358 |
|---|
| 2845 | + | Hartford and have experience in environmental justice issues and 359 |
|---|
| 2846 | + | insurance policy claims determinations. Not later than July 15, 2023, the 360 |
|---|
| 2847 | + | state representatives and state senators for the city of Hartford shall 361 |
|---|
| 2848 | + | provide the Governor a list of not fewer than two candidates for 362 |
|---|
| 2849 | + | consideration and the Governor may select and appoint one of such 363 |
|---|
| 2850 | + | candidates as the administrator or select and appoint a candidate of the 364 |
|---|
| 2851 | + | Governor's own choosing. The administrator shall be employed 365 |
|---|
| 2852 | + | pursuant to a personal service agreement and compensated at a per 366 |
|---|
| 2853 | + | diem rate commensurate with the per diem compensation provided a 367 |
|---|
| 2854 | + | senior judge pursuant to section 51-47b for each day's service performed 368 |
|---|
| 2855 | + | in connection with such appointment. 369 |
|---|
| 2856 | + | (c) (1) The administrator shall develop an application process and 370 |
|---|
| 2857 | + | eligibility criteria for the grant program. Such process and criteria shall 371 |
|---|
| 2858 | + | be approved by the Comptroller. 372 |
|---|
| 2859 | + | (A) Such application shall include, but need not be limited to, if 373 |
|---|
| 2860 | + | applicable, a copy of any determination made on any claim for such 374 |
|---|
| 2861 | + | damage against any property and casualty insurance policy issued to an 375 |
|---|
| 2862 | + | applicant, including any amounts paid to such applicant pursuant to 376 |
|---|
| 2863 | + | such claim. [Such] 377 |
|---|
| 2864 | + | (B) Except as provided in subparagraph (C) of this subdivision, such 378 |
|---|
| 2865 | + | eligibility criteria shall include, but need not be limited to, requirements 379 |
|---|
| 2866 | + | that any such [property owner (A) is a resident of the city of Hartford, 380 |
|---|
| 2867 | + | and (B)] applicant (i) owned real [or personal] property in the city of 381 |
|---|
| 2868 | + | Hartford that was damaged by flooding on or after January 1, 2021, or 382 |
|---|
| 2869 | + | (ii) is a resident of the city of Hartford and owned personal property in 383 |
|---|
| 2870 | + | Bill No. |
|---|
| 2871 | + | |
|---|
| 2872 | + | |
|---|
| 2873 | + | |
|---|
| 2874 | + | LCO No. 5697 53 of 350 |
|---|
| 2875 | + | |
|---|
| 2876 | + | said city that was damaged by flooding on or after said date. No 384 |
|---|
| 2877 | + | applicant shall be deemed ineligible solely because such [(i)] (I) 385 |
|---|
| 2878 | + | applicant's property was not insured at the time such damage occurred, 386 |
|---|
| 2879 | + | or [(ii)] (II) applicant did not receive payment pursuant to any such 387 |
|---|
| 2880 | + | claim. 388 |
|---|
| 2881 | + | (C) No applicant who submits an application on or after May 1, 2025, 389 |
|---|
| 2882 | + | shall be eligible for financial assistance for repairs to real property unless 390 |
|---|
| 2883 | + | (i) such applicant requested an assessment from the Metropolitan 391 |
|---|
| 2884 | + | District of Hartford County pursuant to the district's sewer back-up 392 |
|---|
| 2885 | + | prevention and reporting program on or before April 30, 2025, or (ii) the 393 |
|---|
| 2886 | + | administrator determines, in accordance with criteria approved by the 394 |
|---|
| 2887 | + | Comptroller, that extenuating circumstances prevented such applicant 395 |
|---|
| 2888 | + | from requesting such assessment. The administrator, in consultation 396 |
|---|
| 2889 | + | with the Metropolitan District of Hartford County, shall verify that an 397 |
|---|
| 2890 | + | applicant timely requested an assessment from the district. 398 |
|---|
| 2891 | + | (2) The administrator shall review applications for participation in 399 |
|---|
| 2892 | + | the grant program and determine each applicant's eligibility for the 400 |
|---|
| 2893 | + | grant program in accordance with the eligibility criteria developed 401 |
|---|
| 2894 | + | pursuant to subdivision (1) of this subsection not later than thirty days 402 |
|---|
| 2895 | + | after receipt of any such application. 403 |
|---|
| 2896 | + | (3) If the administrator determines that an applicant requesting 404 |
|---|
| 2897 | + | assistance to pay for repairs to real property is eligible, (A) [an inspector 405 |
|---|
| 2898 | + | employed by the Metropolitan District of Hartford County] a licensed 406 |
|---|
| 2899 | + | home inspector or insurance adjuster with whom the Office of the 407 |
|---|
| 2900 | + | Comptroller has executed a contract for services, or (B) at such eligible 408 |
|---|
| 2901 | + | applicant's option, [an] licensed home inspector or insurance adjuster 409 |
|---|
| 2902 | + | with experience assessing flood damage who is approved by the 410 |
|---|
| 2903 | + | administrator and hired by such eligible applicant, shall evaluate the 411 |
|---|
| 2904 | + | damage to the applicant's property and provide a report concerning 412 |
|---|
| 2905 | + | such damage to the administrator. Such report shall be in a form and 413 |
|---|
| 2906 | + | manner prescribed by the administrator, and shall include, but need not 414 |
|---|
| 2907 | + | be limited to, a description of the damage to such eligible applicant's 415 |
|---|
| 2908 | + | Bill No. |
|---|
| 2909 | + | |
|---|
| 2910 | + | |
|---|
| 2911 | + | |
|---|
| 2912 | + | LCO No. 5697 54 of 350 |
|---|
| 2913 | + | |
|---|
| 2914 | + | property and the estimated cost to repair such damage. Not later than 416 |
|---|
| 2915 | + | thirty days after the receipt of such report, the administrator may award 417 |
|---|
| 2916 | + | a grant, in accordance with a formula established by the Comptroller, to 418 |
|---|
| 2917 | + | the eligible applicant, [in accordance with a formula established by the 419 |
|---|
| 2918 | + | Comptroller, which] or at the administrator's discretion, provide such 420 |
|---|
| 2919 | + | grant to a contractor or vendor selected by the applicant to repair such 421 |
|---|
| 2920 | + | damage. Such formula shall include a reduction in the amount of any 422 |
|---|
| 2921 | + | such [award] grant equal to any payments received by the applicant 423 |
|---|
| 2922 | + | pursuant to any claim made against a property and casualty insurance 424 |
|---|
| 2923 | + | policy held by such applicant for such damage. 425 |
|---|
| 2924 | + | (4) Not later than thirty days after a determination that an applicant 426 |
|---|
| 2925 | + | is eligible for reimbursement for costs associated with damage to 427 |
|---|
| 2926 | + | personal property pursuant to subdivision (1) of this subsection, the 428 |
|---|
| 2927 | + | administrator shall award a grant to the eligible applicant in accordance 429 |
|---|
| 2928 | + | with a formula established by the Comptroller, which may include a 430 |
|---|
| 2929 | + | reduction in the amount of any such [award] grant equal to any 431 |
|---|
| 2930 | + | payments received by the applicant pursuant to any claim made against 432 |
|---|
| 2931 | + | a property and casualty insurance policy held by such applicant for such 433 |
|---|
| 2932 | + | damage. 434 |
|---|
| 2933 | + | (5) The total amount of any grants awarded pursuant to this section 435 |
|---|
| 2934 | + | to an eligible applicant for repairs to real property and reimbursement 436 |
|---|
| 2935 | + | for costs associated with damage to personal property where such 437 |
|---|
| 2936 | + | property was utilized for business purposes at the time such damage 438 |
|---|
| 2937 | + | was incurred shall not exceed fifty thousand dollars. 439 |
|---|
| 2938 | + | [(5)] (6) Any eligible applicant that hires a licensed home inspector or 440 |
|---|
| 2939 | + | insurance adjuster pursuant to subdivision [(2)] (3) of this subsection 441 |
|---|
| 2940 | + | may request reimbursement for the costs of [such inspection] the 442 |
|---|
| 2941 | + | evaluation conducted pursuant to said subdivision in a form and 443 |
|---|
| 2942 | + | manner prescribed by the administrator. The administrator shall 444 |
|---|
| 2943 | + | reimburse such eligible applicant for any such reasonable costs. 445 |
|---|
| 2944 | + | (d) (1) Any applicant may appeal a decision of the administrator 446 |
|---|
| 2945 | + | Bill No. |
|---|
| 2946 | + | |
|---|
| 2947 | + | |
|---|
| 2948 | + | |
|---|
| 2949 | + | LCO No. 5697 55 of 350 |
|---|
| 2950 | + | |
|---|
| 2951 | + | concerning such applicant's eligibility for the grant program or the 447 |
|---|
| 2952 | + | amount of [an award granted] a grant awarded to such applicant [, to 448 |
|---|
| 2953 | + | the Comptroller, in accordance with procedures set forth by the 449 |
|---|
| 2954 | + | Comptroller. Any such appeal shall be made] not later than thirty days 450 |
|---|
| 2955 | + | after the issuance of such decision [and any decision concerning any 451 |
|---|
| 2956 | + | such appeal shall be final. The Comptroller may hire an administrator 452 |
|---|
| 2957 | + | for the purpose of conducting such appeals. Findings of the 453 |
|---|
| 2958 | + | administrator made pursuant to subdivisions (3) and (4) of subsection 454 |
|---|
| 2959 | + | (c) of this section shall not be admissible in any administrative or judicial 455 |
|---|
| 2960 | + | proceeding] by filing a notice of intent to appeal with the Comptroller. 456 |
|---|
| 2961 | + | Any such appeal shall be heard by a judge trial referee assigned by the 457 |
|---|
| 2962 | + | Chief Court Administrator, who shall be compensated in accordance 458 |
|---|
| 2963 | + | with the provisions of section 54-434 from funds made available to the 459 |
|---|
| 2964 | + | Comptroller. 460 |
|---|
| 2965 | + | (2) In any appeal taken pursuant to subdivision (1) of this subsection, 461 |
|---|
| 2966 | + | a judge trial referee may consider evidence presented by the applicant, 462 |
|---|
| 2967 | + | administrator or other interested party, including, but not limited to, 463 |
|---|
| 2968 | + | testimony or reports prepared by or on behalf of such parties. The 464 |
|---|
| 2969 | + | applicant shall have the burden of demonstrating by a preponderance 465 |
|---|
| 2970 | + | of evidence that such applicant is eligible for the grant program and 466 |
|---|
| 2971 | + | assistance to pay for repairs to real property or reimbursement for costs 467 |
|---|
| 2972 | + | associated with damage to personal property. Upon such 468 |
|---|
| 2973 | + | demonstration, the judge trial referee shall award a grant to such 469 |
|---|
| 2974 | + | applicant in accordance with the formula established by the 470 |
|---|
| 2975 | + | Comptroller. Any decision made pursuant to this subsection shall be 471 |
|---|
| 2976 | + | issued not later than sixty days following the end of the hearing and 472 |
|---|
| 2977 | + | shall be final. 473 |
|---|
| 2978 | + | (e) Upon the request of a tenant residing in a residential building or 474 |
|---|
| 2979 | + | occupying a commercial property that was damaged by flooding on or 475 |
|---|
| 2980 | + | after January 1, 2021, the administrator shall notify the owner of such 476 |
|---|
| 2981 | + | residential building of the availability of the program developed and 477 |
|---|
| 2982 | + | administered pursuant to this section by mail or electronic mail, if such 478 |
|---|
| 2983 | + | owner's mailing address or electronic mail address are known to the 479 |
|---|
| 2984 | + | Bill No. |
|---|
| 2985 | + | |
|---|
| 2986 | + | |
|---|
| 2987 | + | |
|---|
| 2988 | + | LCO No. 5697 56 of 350 |
|---|
| 2989 | + | |
|---|
| 2990 | + | administrator. 480 |
|---|
| 2991 | + | (f) The program established pursuant to this section shall terminate 481 |
|---|
| 2992 | + | upon the exhaustion of the Hartford Sewerage System Repair and 482 |
|---|
| 2993 | + | Improvement Fund established pursuant to section 7-621. 483 |
|---|
| 2994 | + | Sec. 25. Section 4a-12 of the general statutes is repealed and the 484 |
|---|
| 2995 | + | following is substituted in lieu thereof (Effective July 1, 2024): 485 |
|---|
| 2996 | + | (a) The Commissioner of Administrative Services shall be responsible 486 |
|---|
| 2997 | + | for the following: (1) Investigation, determination, billing and collection 487 |
|---|
| 2998 | + | of all charges for support of persons aided, cared for or treated in a state 488 |
|---|
| 2999 | + | humane institution, as defined in section 17b-222, and enforcement of 489 |
|---|
| 3000 | + | support obligations of the liable relatives of such persons; (2) 490 |
|---|
| 3001 | + | investigation, determination, billing and collection of all charges for 491 |
|---|
| 3002 | + | services covered under the Medicaid or Medicare programs provided to 492 |
|---|
| 3003 | + | persons aided, cared for or treated by the Department of Veterans 493 |
|---|
| 3004 | + | Affairs; (3) billing and collection of any money due to the state in public 494 |
|---|
| 3005 | + | assistance cases, and enforcement of support obligations of liable 495 |
|---|
| 3006 | + | relatives in such cases; (4) collection of benefits and maintenance of 496 |
|---|
| 3007 | + | trustee accounts therefor; and (5) such collection services for other state 497 |
|---|
| 3008 | + | agencies and departments as shall be agreed to between said 498 |
|---|
| 3009 | + | commissioner and the heads of such other agencies and departments. 499 |
|---|
| 3010 | + | (b) Any debt referred to the Department of Administrative Services 500 |
|---|
| 3011 | + | by a state agency may be referred by the commissioner to a consumer 501 |
|---|
| 3012 | + | collection agency, licensed under section 36a-801, or, with the approval 502 |
|---|
| 3013 | + | of the Attorney General, to an attorney admitted under the provisions 503 |
|---|
| 3014 | + | of section 51-80 who practices in the area of debt collection, for 504 |
|---|
| 3015 | + | collection, provided the debtor has been given at least thirty days' notice 505 |
|---|
| 3016 | + | that the debt will be so referred. 506 |
|---|
| 3017 | + | (c) For purposes of this section, "liable relative" means the husband 507 |
|---|
| 3018 | + | or wife of any person receiving public assistance or aided, cared for or 508 |
|---|
| 3019 | + | treated in a state humane institution, as defined in said section 17b-222, 509 |
|---|
| 3020 | + | and the father and mother of any such person under the age of eighteen 510 |
|---|
| 3021 | + | Bill No. |
|---|
| 3022 | + | |
|---|
| 3023 | + | |
|---|
| 3024 | + | |
|---|
| 3025 | + | LCO No. 5697 57 of 350 |
|---|
| 3026 | + | |
|---|
| 3027 | + | years, but shall not include the parent or parents whose financial 511 |
|---|
| 3028 | + | liability for a child is determined by the Office of Child Support Services 512 |
|---|
| 3029 | + | under subsection (b) of section 17b-179. The Commissioner of 513 |
|---|
| 3030 | + | Administrative Services, in consultation with the Secretary of the Office 514 |
|---|
| 3031 | + | of Policy and Management, shall adopt regulations in accordance with 515 |
|---|
| 3032 | + | the provisions of chapter 54 establishing: (1) A uniform contribution 516 |
|---|
| 3033 | + | scale for liable relatives based upon ability to pay and the administrative 517 |
|---|
| 3034 | + | feasibility of collecting such contributions, provided no such liable 518 |
|---|
| 3035 | + | relative shall contribute an amount in excess of twelve per cent of the 519 |
|---|
| 3036 | + | remainder, if any, after the state median income, adjusted for family 520 |
|---|
| 3037 | + | size, has been deducted from such liable relative's taxable income for 521 |
|---|
| 3038 | + | federal income tax purposes, or if such federal income tax information 522 |
|---|
| 3039 | + | is unavailable, from such relative's taxable income, as calculated from 523 |
|---|
| 3040 | + | other sources, including, but not limited to, information pertaining to 524 |
|---|
| 3041 | + | wages, salaries and commissions as provided by such relative's 525 |
|---|
| 3042 | + | employer; (2) the manner in which the Department of Administrative 526 |
|---|
| 3043 | + | Services shall determine and periodically reinvestigate the ability of 527 |
|---|
| 3044 | + | such liable relatives to pay; and (3) the manner in which the department 528 |
|---|
| 3045 | + | shall waive such contributions upon determination that such 529 |
|---|
| 3046 | + | contribution would pose a significant financial hardship upon such 530 |
|---|
| 3047 | + | liable relatives. 531 |
|---|
| 3048 | + | (d) Notwithstanding the provisions of [subsection (c) of] this section, 532 |
|---|
| 3049 | + | no liability shall be imposed upon a liable relative upon determination 533 |
|---|
| 3050 | + | by the Department of Developmental Services, Social Services, Children 534 |
|---|
| 3051 | + | and Families, Mental Health and Addiction Services or Public Health 535 |
|---|
| 3052 | + | that the benefit of the assistance or service provided would be 536 |
|---|
| 3053 | + | significantly impaired by the imposition of such liability. Each such 537 |
|---|
| 3054 | + | department may waive all or part of any liability resulting from its delay 538 |
|---|
| 3055 | + | in establishing such liability if it determines that imposition of such 539 |
|---|
| 3056 | + | liability would pose a significant financial hardship upon a liable 540 |
|---|
| 3057 | + | relative. 541 |
|---|
| 3058 | + | (e) Notwithstanding the provisions of this section, on and after July 542 |
|---|
| 3059 | + | 1, 2024, the Commissioner of Administrative Services shall not recover 543 |
|---|
| 3060 | + | Bill No. |
|---|
| 3061 | + | |
|---|
| 3062 | + | |
|---|
| 3063 | + | |
|---|
| 3064 | + | LCO No. 5697 58 of 350 |
|---|
| 3065 | + | |
|---|
| 3066 | + | charges from the estate of a deceased person for the aid, care or 544 |
|---|
| 3067 | + | treatment of such person in a state humane institution unless (1) 545 |
|---|
| 3068 | + | recovery of such charges is required under federal law, or (2) the person 546 |
|---|
| 3069 | + | was liable pursuant to subsection (d) of section 17b-223 for the 547 |
|---|
| 3070 | + | difference between the amounts actually billed and paid and the 548 |
|---|
| 3071 | + | amount that would have been billed against such person except for 549 |
|---|
| 3072 | + | fraud or concealment. The commissioner shall release any liens filed for 550 |
|---|
| 3073 | + | recovery of such charges except for any lien filed pursuant to 551 |
|---|
| 3074 | + | subdivision (1) or (2) of this subsection. Nothing in this subsection shall 552 |
|---|
| 3075 | + | be construed to authorize the commissioner to return to any person or 553 |
|---|
| 3076 | + | estate payments properly recovered by the commissioner pursuant to 554 |
|---|
| 3077 | + | this section for charges related to the aid, care or treatment of a person 555 |
|---|
| 3078 | + | in a humane institution before July 1, 2024. 556 |
|---|
| 3079 | + | Sec. 26. Section 17b-224 of the general statutes is repealed and the 557 |
|---|
| 3080 | + | following is substituted in lieu thereof (Effective July 1, 2024): 558 |
|---|
| 3081 | + | A patient who is receiving or has received care in a state humane 559 |
|---|
| 3082 | + | institution, his estate or both shall be liable to reimburse the state for any 560 |
|---|
| 3083 | + | unpaid portion of per capita cost in accordance with section 4a-12, 561 |
|---|
| 3084 | + | subject to the same protection of a surviving spouse or dependent child 562 |
|---|
| 3085 | + | as is provided in section 17b-95. 563 |
|---|
| 3086 | + | Sec. 27. Section 17b-228 of the general statutes is repealed and the 564 |
|---|
| 3087 | + | following is substituted in lieu thereof (Effective July 1, 2024): 565 |
|---|
| 3088 | + | (a) When any person has been supported, wholly or in part, by the 566 |
|---|
| 3089 | + | state in a humane institution, whether such person was admitted thereto 567 |
|---|
| 3090 | + | as a pauper or indigent or otherwise, and any portion of the charges for 568 |
|---|
| 3091 | + | which such person or his liable relatives were liable under the 569 |
|---|
| 3092 | + | provisions of section 17b-223 remains unpaid, such person or such 570 |
|---|
| 3093 | + | relatives, as the case may be, or the estate of any such person or such 571 |
|---|
| 3094 | + | relatives, shall be liable to the state therefor, and the Commissioner of 572 |
|---|
| 3095 | + | Administrative Services may, in the name of the state, bring a complaint 573 |
|---|
| 3096 | + | therefor, against any liable person or persons, in any court having 574 |
|---|
| 3097 | + | Bill No. |
|---|
| 3098 | + | |
|---|
| 3099 | + | |
|---|
| 3100 | + | |
|---|
| 3101 | + | LCO No. 5697 59 of 350 |
|---|
| 3102 | + | |
|---|
| 3103 | + | jurisdiction thereof in the county in which such liable person or the 575 |
|---|
| 3104 | + | conservator or guardian of such patient resides, or, if several are liable, 576 |
|---|
| 3105 | + | in the county in which any of them resides, and any other person who 577 |
|---|
| 3106 | + | might, under the provisions hereof, have been made a defendant in such 578 |
|---|
| 3107 | + | action may be cited in as a party defendant on motion of either party 579 |
|---|
| 3108 | + | thereto. Said court may render judgment against the defendant, or each 580 |
|---|
| 3109 | + | or any of the several defendants, in favor of the state for the balance of 581 |
|---|
| 3110 | + | the charges remaining unpaid for which such defendants are liable, and 582 |
|---|
| 3111 | + | payment of such judgment may be secured by attachment and execution 583 |
|---|
| 3112 | + | issued thereon. The limitation of action provided in section 52-576 shall 584 |
|---|
| 3113 | + | apply only to any such claim against a relative as such, and any claim 585 |
|---|
| 3114 | + | by the state for reimbursement of the balance of the billed charges 586 |
|---|
| 3115 | + | remaining unpaid from the estate of any deceased person shall be 587 |
|---|
| 3116 | + | presented to the executor or administrator thereof within the time 588 |
|---|
| 3117 | + | limited for the presentation of other claims against such estate. 589 |
|---|
| 3118 | + | (b) Notwithstanding the provisions of subsection (a) of this section, 590 |
|---|
| 3119 | + | on and after July 1, 2024, the Commissioner of Administrative Services 591 |
|---|
| 3120 | + | shall not recover charges from the estate of a deceased person for the 592 |
|---|
| 3121 | + | aid, care or treatment of such person in a state humane institution except 593 |
|---|
| 3122 | + | in accordance with sections 4a-12 and 17b-230. 594 |
|---|
| 3123 | + | Sec. 28. Subsection (b) of section 17b-229 of the general statutes is 595 |
|---|
| 3124 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 596 |
|---|
| 3125 | + | 2024): 597 |
|---|
| 3126 | + | (b) The provisions of sections 17a-502, 17b-222, 17b-223, 17b-228, 17b-598 |
|---|
| 3127 | + | 232, 17b-745, 46b-215 and 53-304 shall not affect or impair the 599 |
|---|
| 3128 | + | responsibility of any patient or patient's estate for his care in a state 600 |
|---|
| 3129 | + | humane institution prior to July 1, 1955, and the same may be enforced 601 |
|---|
| 3130 | + | by any action by which such responsibility would have been enforceable 602 |
|---|
| 3131 | + | prior to July 1, 1955, but only to the extent of that portion of such estate 603 |
|---|
| 3132 | + | [as] (1) that may be charged pursuant to section 4a-12, and (2) that is not 604 |
|---|
| 3133 | + | needed for the support of the spouse, parents and dependent children 605 |
|---|
| 3134 | + | of such patient. 606 |
|---|
| 3135 | + | Bill No. |
|---|
| 3136 | + | |
|---|
| 3137 | + | |
|---|
| 3138 | + | |
|---|
| 3139 | + | LCO No. 5697 60 of 350 |
|---|
| 3140 | + | |
|---|
| 3141 | + | Sec. 29. Section 17b-230 of the general statutes is repealed and the 607 |
|---|
| 3142 | + | following is substituted in lieu thereof (Effective July 1, 2024): 608 |
|---|
| 3143 | + | Upon the death of a patient or of a person who has, at any time, been 609 |
|---|
| 3144 | + | a patient in a state humane institution, the state shall have a claim 610 |
|---|
| 3145 | + | against his estate for reimbursement for institutional support according 611 |
|---|
| 3146 | + | to the provisions of sections 4a-12, 17b-223, 17b-224 and 17b-229 to the 612 |
|---|
| 3147 | + | extent that the amount which the surviving spouse, parent or dependent 613 |
|---|
| 3148 | + | children of the decedent would otherwise take from such estate is not 614 |
|---|
| 3149 | + | needed for their support. Such claims shall have priority over all 615 |
|---|
| 3150 | + | unsecured claims against such estate, except (1) expenses of last sickness 616 |
|---|
| 3151 | + | not to exceed three hundred seventy-five dollars, (2) funeral and burial 617 |
|---|
| 3152 | + | expenses in accordance with section 17b-84, (3) such unpaid fees and 618 |
|---|
| 3153 | + | expenses of the conservator of such patient, if any, as are authorized by 619 |
|---|
| 3154 | + | law, and (4) administrative expenses, including probate fees and taxes, 620 |
|---|
| 3155 | + | and including fiduciary fees not exceeding the following commissions 621 |
|---|
| 3156 | + | on the value of the whole estates accounted for by such fiduciaries: On 622 |
|---|
| 3157 | + | the first two thousand dollars or portion thereof, five per cent; on the 623 |
|---|
| 3158 | + | next eight thousand dollars or portion thereof, four per cent; on the 624 |
|---|
| 3159 | + | excess over ten thousand dollars, three per cent. Upon petition by any 625 |
|---|
| 3160 | + | fiduciary, the Probate Court, after hearing thereon, may authorize 626 |
|---|
| 3161 | + | compensation in excess of the above schedule for extraordinary services. 627 |
|---|
| 3162 | + | Notice of any such petition and hearing shall be given to the 628 |
|---|
| 3163 | + | Commissioner of Administrative Services in Hartford at least ten days 629 |
|---|
| 3164 | + | in advance of such hearing. The allowable funeral and burial payment 630 |
|---|
| 3165 | + | herein shall be reduced by the amount of any prepaid funeral 631 |
|---|
| 3166 | + | arrangement. Any amount paid from the estate under this section to any 632 |
|---|
| 3167 | + | person which exceeds the limits provided herein shall be repaid to the 633 |
|---|
| 3168 | + | estate by such person, and such amount may be recovered in a civil 634 |
|---|
| 3169 | + | action with interest at six per cent from the date of demand. 635 |
|---|
| 3170 | + | Sec. 30. Subsection (e) of section 45a-273 of the general statutes is 636 |
|---|
| 3171 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 637 |
|---|
| 3172 | + | 2024): 638 |
|---|
| 3173 | + | Bill No. |
|---|
| 3174 | + | |
|---|
| 3175 | + | |
|---|
| 3176 | + | |
|---|
| 3177 | + | LCO No. 5697 61 of 350 |
|---|
| 3178 | + | |
|---|
| 3179 | + | (e) The court shall determine the persons and entities entitled to 639 |
|---|
| 3180 | + | payment for the claims, expenses and taxes due from the estate, or 640 |
|---|
| 3181 | + | reimbursement for such amounts paid on behalf of the estate, in 641 |
|---|
| 3182 | + | accordance with section 45a-365 except, (1) if a decedent received aid or 642 |
|---|
| 3183 | + | care from the state or received care in a state humane institution, such 643 |
|---|
| 3184 | + | reimbursement shall be in accordance with [section] sections 4a-12 and 644 |
|---|
| 3185 | + | 17b-95; and (2) if a decedent is obligated to pay the decedent's cost of 645 |
|---|
| 3186 | + | incarceration, such reimbursement shall be in accordance with section 646 |
|---|
| 3187 | + | 18-85c. If the claims, taxes and expenses exceed the fair value of the 647 |
|---|
| 3188 | + | decedent's assets, the court shall order payment in accordance with this 648 |
|---|
| 3189 | + | subsection, provided the procedures for insolvent estates under sections 649 |
|---|
| 3190 | + | 45a-376 to 45a-383, inclusive, shall not be required. 650 |
|---|
| 3191 | + | Sec. 31. Section 18-85a of the general statutes is amended by adding 651 |
|---|
| 3192 | + | subsection (c) as follows (Effective July 1, 2024): 652 |
|---|
| 3193 | + | (NEW) (c) Any state claim for the cost of incarceration for an inmate 653 |
|---|
| 3194 | + | whose criminal record was erased pursuant to chapter 961a shall be 654 |
|---|
| 3195 | + | terminated to the extent such cost was incurred during time served by 655 |
|---|
| 3196 | + | such inmate for crimes included on the erased criminal record. Such 656 |
|---|
| 3197 | + | inmate shall not be entitled to reimbursement for any state claims paid 657 |
|---|
| 3198 | + | by or on behalf of such inmate prior to July 1, 2024, for the cost of such 658 |
|---|
| 3199 | + | inmate's incarceration. 659 |
|---|
| 3200 | + | Sec. 32. Subsection (b) of section 18-85b of the general statutes is 660 |
|---|
| 3201 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 661 |
|---|
| 3202 | + | 2024): 662 |
|---|
| 3203 | + | (b) In the case of an inheritance of an estate by any person who is 663 |
|---|
| 3204 | + | obligated to pay the costs of such person's incarceration under section 664 |
|---|
| 3205 | + | 18-85a and regulations adopted in accordance with said section that is 665 |
|---|
| 3206 | + | received by such person within twenty years from the date such person 666 |
|---|
| 3207 | + | is released from incarceration, the claim of the state shall be a lien 667 |
|---|
| 3208 | + | against such inheritance in the amount of the costs of incarceration or 668 |
|---|
| 3209 | + | fifty per cent of the assets of the estate payable to such person, 669 |
|---|
| 3210 | + | Bill No. |
|---|
| 3211 | + | |
|---|
| 3212 | + | |
|---|
| 3213 | + | |
|---|
| 3214 | + | LCO No. 5697 62 of 350 |
|---|
| 3215 | + | |
|---|
| 3216 | + | whichever is less. The first fifty thousand dollars inherited by such 670 |
|---|
| 3217 | + | person shall be exempt from any lien placed under this section, except 671 |
|---|
| 3218 | + | in the case of an inmate incarcerated for a capital felony under the 672 |
|---|
| 3219 | + | provisions of section 53a-54b in effect prior to April 25, 2012, or murder 673 |
|---|
| 3220 | + | with special circumstances committed on or after April 25, 2012, under 674 |
|---|
| 3221 | + | the provisions of section 53a-54b in effect on or after April 25, 2012, or a 675 |
|---|
| 3222 | + | violation of section 53a-54c, 53a-70, 53a-70a, 53a-70c or 53a-71. The 676 |
|---|
| 3223 | + | [Court of] Probate Court shall accept any such lien notice filed by the 677 |
|---|
| 3224 | + | commissioner or the commissioner's designee with the court prior to the 678 |
|---|
| 3225 | + | distribution of such inheritance, and to the extent of such inheritance 679 |
|---|
| 3226 | + | not already distributed, the court shall order distribution in accordance 680 |
|---|
| 3227 | + | therewith. 681 |
|---|
| 3228 | + | Sec. 33. Section 18-85c of the general statutes is repealed and the 682 |
|---|
| 3229 | + | following is substituted in lieu thereof (Effective July 1, 2024): 683 |
|---|
| 3230 | + | Upon the death of any person obligated to pay the costs of such 684 |
|---|
| 3231 | + | [person’s] person's incarceration under section 18-85a and regulations 685 |
|---|
| 3232 | + | adopted in accordance with said section that occurs within twenty years 686 |
|---|
| 3233 | + | from the date such person is released from incarceration, the state shall 687 |
|---|
| 3234 | + | have a claim against such person's estate for all costs of incarceration 688 |
|---|
| 3235 | + | under the provisions of said section and such regulations for which the 689 |
|---|
| 3236 | + | state has not been reimbursed, to the extent that the amount which the 690 |
|---|
| 3237 | + | surviving spouse, parent or dependent children of the decedent would 691 |
|---|
| 3238 | + | otherwise take from such estate is not needed for their support. Any 692 |
|---|
| 3239 | + | property, whether real or personal, that is deemed by the Probate Court 693 |
|---|
| 3240 | + | to be an asset of the estate shall be used to pay the state's claim under 694 |
|---|
| 3241 | + | this section. Such claim shall have priority over all other unsecured 695 |
|---|
| 3242 | + | claims against such estate, including any lien of the state for repayment 696 |
|---|
| 3243 | + | of public assistance, except (1) expenses of last sickness not to exceed 697 |
|---|
| 3244 | + | three hundred seventy-five dollars, (2) funeral and burial expenses in 698 |
|---|
| 3245 | + | accordance with that allowed under sections 17b-84 and 17b-131 upon 699 |
|---|
| 3246 | + | the death of a beneficiary of aid, (3) child support obligations collected 700 |
|---|
| 3247 | + | by the state in accordance with subsection (a) of section 17b-265 and 701 |
|---|
| 3248 | + | section 52-362d, (4) restitution or payment of compensation to a crime 702 |
|---|
| 3249 | + | Bill No. |
|---|
| 3250 | + | |
|---|
| 3251 | + | |
|---|
| 3252 | + | |
|---|
| 3253 | + | LCO No. 5697 63 of 350 |
|---|
| 3254 | + | |
|---|
| 3255 | + | victim ordered by a court of competent jurisdiction, (5) payment of a 703 |
|---|
| 3256 | + | civil judgment rendered in favor of a crime victim by a court of 704 |
|---|
| 3257 | + | competent jurisdiction, and (6) administrative expenses, including 705 |
|---|
| 3258 | + | probate fees and taxes, and including fiduciary fees not exceeding the 706 |
|---|
| 3259 | + | following commissions on the value of the whole estates accounted for 707 |
|---|
| 3260 | + | by such fiduciaries: On the first two thousand dollars or portion thereof, 708 |
|---|
| 3261 | + | five per cent; on the next eight thousand dollars or portion thereof, four 709 |
|---|
| 3262 | + | per cent; on the excess over ten thousand dollars, three per cent. Upon 710 |
|---|
| 3263 | + | petition by any fiduciary, the Court of Probate, after a hearing thereon, 711 |
|---|
| 3264 | + | may authorize compensation in excess of the above schedule for 712 |
|---|
| 3265 | + | extraordinary services. Notice of any such petition and hearing shall be 713 |
|---|
| 3266 | + | given to the Commissioner of Correction at least ten days in advance of 714 |
|---|
| 3267 | + | such hearing. The allowable funeral and burial payment authorized by 715 |
|---|
| 3268 | + | this section shall be reduced by the amount of any prepaid funeral 716 |
|---|
| 3269 | + | arrangement. Any amount paid from the estate under this section to any 717 |
|---|
| 3270 | + | person that exceeds the limits provided in this section shall be repaid to 718 |
|---|
| 3271 | + | the estate by such person, and such amount may be recovered in a civil 719 |
|---|
| 3272 | + | action with interest at the legal rate from the date of demand. 720 |
|---|
| 3273 | + | Sec. 34. Subsection (a) of section 29-1f of the 2024 supplement to the 721 |
|---|
| 3274 | + | general statutes is repealed and the following is substituted in lieu 722 |
|---|
| 3275 | + | thereof (Effective from passage): 723 |
|---|
| 3276 | + | (a) The clearinghouse established under section 29-1e shall collect, 724 |
|---|
| 3277 | + | process, maintain and disseminate information to assist in the location 725 |
|---|
| 3278 | + | of any missing person who (1) is eighteen years of age or older and has 726 |
|---|
| 3279 | + | a mental impairment [,] or has an intellectual disability or other 727 |
|---|
| 3280 | + | developmental disabilities, or (2) is sixty-five years of age or older, [or 728 |
|---|
| 3281 | + | (3) on and after January 15, 2024, has an intellectual disability or other 729 |
|---|
| 3282 | + | developmental disabilities,] provided a missing person report prepared 730 |
|---|
| 3283 | + | by the Department of Emergency Services and Public Protection has 731 |
|---|
| 3284 | + | been filed by such missing person's relative, guardian, conservator or 732 |
|---|
| 3285 | + | agent appointed by the missing person in accordance with sections 1-733 |
|---|
| 3286 | + | 350 to 1-353b, inclusive, any health care representative appointed by the 734 |
|---|
| 3287 | + | missing person in accordance with section 19a-576 or a nursing home 735 |
|---|
| 3288 | + | Bill No. |
|---|
| 3289 | + | |
|---|
| 3290 | + | |
|---|
| 3291 | + | |
|---|
| 3292 | + | LCO No. 5697 64 of 350 |
|---|
| 3293 | + | |
|---|
| 3294 | + | administrator, as defined in section 19a-511, or, pursuant to section 17a-736 |
|---|
| 3295 | + | 465b, by an employee of the Department of Mental Health and 737 |
|---|
| 3296 | + | Addiction Services who is certified under the provisions of sections 7-738 |
|---|
| 3297 | + | 294a to 7-294e, inclusive. Such relative, guardian, conservator, agent, 739 |
|---|
| 3298 | + | health care representative, nursing home administrator or employee 740 |
|---|
| 3299 | + | shall attest under penalty of perjury that the missing person (A) is 741 |
|---|
| 3300 | + | eighteen years of age or older and has a mental impairment [,] or has an 742 |
|---|
| 3301 | + | intellectual disability or other developmental disabilities, or (B) is sixty-743 |
|---|
| 3302 | + | five years of age or older. [, or (C) has an intellectual disability or other 744 |
|---|
| 3303 | + | developmental disabilities.] No other proof shall be required in order to 745 |
|---|
| 3304 | + | verify that the missing person meets the criteria to be eligible for 746 |
|---|
| 3305 | + | assistance under this subsection. Such relative, guardian, conservator, 747 |
|---|
| 3306 | + | agent, health care representative, nursing home administrator or 748 |
|---|
| 3307 | + | employee who files a missing person report shall immediately notify the 749 |
|---|
| 3308 | + | clearinghouse or law enforcement agency if the missing person's 750 |
|---|
| 3309 | + | location has been determined. 751 |
|---|
| 3310 | + | Sec. 35. Subsection (a) of section 18 of public act 23-137 is repealed 752 |
|---|
| 3311 | + | and the following is substituted in lieu thereof (Effective from passage): 753 |
|---|
| 3312 | + | (a) The Commissioner of Social Services, in consultation with the 754 |
|---|
| 3313 | + | state-wide coordinator of programs and services provided by state 755 |
|---|
| 3314 | + | agencies for individuals with autism spectrum disorder, appointed 756 |
|---|
| 3315 | + | pursuant to section 14 of [this act] public act 23-137, and within available 757 |
|---|
| 3316 | + | appropriations, shall establish a two-year pilot program in partnership 758 |
|---|
| 3317 | + | with a [hospital licensed pursuant to chapter 368v of the general 759 |
|---|
| 3318 | + | statutes] free-standing, long-term acute care hospital in Hartford 760 |
|---|
| 3319 | + | County with an established, specialized interdisciplinary program for 761 |
|---|
| 3320 | + | younger children and adolescents with the diagnosis of autism 762 |
|---|
| 3321 | + | spectrum disorder to provide nonresidential outpatient day services for 763 |
|---|
| 3322 | + | persons with autism spectrum disorder. The commissioner shall select 764 |
|---|
| 3323 | + | a hospital not later than September 1, 2024, and the hospital shall start 765 |
|---|
| 3324 | + | providing services not later than October 1, 2024. 766 |
|---|
| 3325 | + | Sec. 36. Subsections (c) and (d) of section 4-124xx of the 2024 767 |
|---|
| 3326 | + | Bill No. |
|---|
| 3327 | + | |
|---|
| 3328 | + | |
|---|
| 3329 | + | |
|---|
| 3330 | + | LCO No. 5697 65 of 350 |
|---|
| 3331 | + | |
|---|
| 3332 | + | supplement to the general statutes are repealed and the following is 768 |
|---|
| 3333 | + | substituted in lieu thereof (Effective from passage): 769 |
|---|
| 3334 | + | (c) The Chief Workforce Officer, in consultation with the Labor 770 |
|---|
| 3335 | + | Commissioner, shall develop a plan for the Human Services Career 771 |
|---|
| 3336 | + | Pipeline program that includes, but is not be limited to: (1) A strategy to 772 |
|---|
| 3337 | + | increase the number of state residents pursuing careers in human 773 |
|---|
| 3338 | + | services, (2) recommended salary and working conditions necessary to 774 |
|---|
| 3339 | + | retain an adequate number of human services providers to serve state 775 |
|---|
| 3340 | + | residents, and (3) estimated funding needed to support the Human 776 |
|---|
| 3341 | + | Services Career Pipeline program. Not later than July 1, 2024, the Chief 777 |
|---|
| 3342 | + | Workforce Officer shall submit a report on the plan, in accordance with 778 |
|---|
| 3343 | + | the provisions of section 11-4a, to the joint standing committees of the 779 |
|---|
| 3344 | + | General Assembly having cognizance of matters relating to 780 |
|---|
| 3345 | + | appropriations, aging, higher education and employment advancement, 781 |
|---|
| 3346 | + | human services, labor and public health. The report shall include the 782 |
|---|
| 3347 | + | Chief Workforce Officer's recommendations for establishing the career 783 |
|---|
| 3348 | + | pipeline and estimates of funding needed to implement the pipeline. 784 |
|---|
| 3349 | + | (d) The Chief Workforce Officer shall, within available 785 |
|---|
| 3350 | + | appropriations, establish such career pipeline [not later than July 1, 786 |
|---|
| 3351 | + | 2024,] and, if such pipeline is established, submit a report, in accordance 787 |
|---|
| 3352 | + | with the provisions of section 11-4a, not later than January 1, 2026, and 788 |
|---|
| 3353 | + | annually thereafter, regarding the development and implementation of 789 |
|---|
| 3354 | + | the pipeline to the joint standing committees of the General Assembly 790 |
|---|
| 3355 | + | having cognizance of matters relating to appropriations, [and the 791 |
|---|
| 3356 | + | budgets of state agencies,] aging, higher education and employment 792 |
|---|
| 3357 | + | advancement, human services, labor and public health. For purposes of 793 |
|---|
| 3358 | + | this section, "human services labor sector" means persons trained to 794 |
|---|
| 3359 | + | provide services to persons with an intellectual disability; other 795 |
|---|
| 3360 | + | developmental disabilities, including, but not limited to, autism 796 |
|---|
| 3361 | + | spectrum disorder; physical disabilities; cognitive impairment or mental 797 |
|---|
| 3362 | + | illness; and elderly persons. 798 |
|---|
| 3363 | + | Sec. 37. Sections 7-294qq and 28-25c of the 2024 supplement to the 799 |
|---|
| 3364 | + | Bill No. |
|---|
| 3365 | + | |
|---|
| 3366 | + | |
|---|
| 3367 | + | |
|---|
| 3368 | + | LCO No. 5697 66 of 350 |
|---|
| 3369 | + | |
|---|
| 3370 | + | general statutes are repealed. (Effective from passage) 800 |
|---|
| 3371 | + | Sec. 38. Subsection (a) of section 17b-261 of the 2024 supplement to 801 |
|---|
| 3372 | + | the general statutes is repealed and the following is substituted in lieu 802 |
|---|
| 3373 | + | thereof (Effective October 1, 2024): 803 |
|---|
| 3374 | + | (a) Medical assistance shall be provided for any otherwise eligible 804 |
|---|
| 3375 | + | person (1) whose income, including any available support from legally 805 |
|---|
| 3376 | + | liable relatives and the income of the person's spouse or dependent 806 |
|---|
| 3377 | + | child, is not more than [one hundred forty-three per cent, pending 807 |
|---|
| 3378 | + | approval of a federal waiver applied for pursuant to subsection (e) of 808 |
|---|
| 3379 | + | this section, of the benefit amount paid to a person with no income 809 |
|---|
| 3380 | + | under the temporary family assistance program] one hundred five per 810 |
|---|
| 3381 | + | cent of the federal poverty level, before any authorized income 811 |
|---|
| 3382 | + | disregards, and (2) if such person is an institutionalized individual as 812 |
|---|
| 3383 | + | defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 813 |
|---|
| 3384 | + | and has not made an assignment or transfer or other disposition of 814 |
|---|
| 3385 | + | property for less than fair market value for the purpose of establishing 815 |
|---|
| 3386 | + | eligibility for benefits or assistance under this section. Any such 816 |
|---|
| 3387 | + | disposition shall be treated in accordance with Section 1917(c) of the 817 |
|---|
| 3388 | + | Social Security Act, 42 USC 1396p(c). Any disposition of property made 818 |
|---|
| 3389 | + | on behalf of an applicant or recipient or the spouse of an applicant or 819 |
|---|
| 3390 | + | recipient by a guardian, conservator, person authorized to make such 820 |
|---|
| 3391 | + | disposition pursuant to a power of attorney or other person so 821 |
|---|
| 3392 | + | authorized by law shall be attributed to such applicant, recipient or 822 |
|---|
| 3393 | + | spouse. A disposition of property ordered by a court shall be evaluated 823 |
|---|
| 3394 | + | in accordance with the standards applied to any other such disposition 824 |
|---|
| 3395 | + | for the purpose of determining eligibility. The commissioner shall 825 |
|---|
| 3396 | + | establish the standards for eligibility for medical assistance at [one 826 |
|---|
| 3397 | + | hundred forty-three per cent of the benefit amount paid to a household 827 |
|---|
| 3398 | + | of equal size with no income under the temporary family assistance 828 |
|---|
| 3399 | + | program] one hundred five per cent of the federal poverty level, before 829 |
|---|
| 3400 | + | any authorized income disregards. In determining eligibility, the 830 |
|---|
| 3401 | + | commissioner shall not consider as income Aid and Attendance pension 831 |
|---|
| 3402 | + | benefits granted to a veteran, as defined in section 27-103, or the 832 |
|---|
| 3403 | + | Bill No. |
|---|
| 3404 | + | |
|---|
| 3405 | + | |
|---|
| 3406 | + | |
|---|
| 3407 | + | LCO No. 5697 67 of 350 |
|---|
| 3408 | + | |
|---|
| 3409 | + | surviving spouse of such veteran. Except as provided in section 17b-277 833 |
|---|
| 3410 | + | and section 17b-292, the medical assistance program shall provide 834 |
|---|
| 3411 | + | coverage to persons under the age of nineteen with household income 835 |
|---|
| 3412 | + | up to one hundred ninety-six per cent of the federal poverty level 836 |
|---|
| 3413 | + | without an asset limit and to persons under the age of nineteen, who 837 |
|---|
| 3414 | + | qualify for coverage under Section 1931 of the Social Security Act, with 838 |
|---|
| 3415 | + | household income not exceeding one hundred ninety-six per cent of the 839 |
|---|
| 3416 | + | federal poverty level without an asset limit, and their parents and needy 840 |
|---|
| 3417 | + | caretaker relatives, who qualify for coverage under Section 1931 of the 841 |
|---|
| 3418 | + | Social Security Act, with household income not exceeding one hundred 842 |
|---|
| 3419 | + | [fifty-five] thirty-three per cent of the federal poverty level without an 843 |
|---|
| 3420 | + | asset limit. Such levels shall be based on the regional differences in such 844 |
|---|
| 3421 | + | benefit amount, if applicable, unless such levels based on regional 845 |
|---|
| 3422 | + | differences are not in conformance with federal law. Any income in 846 |
|---|
| 3423 | + | excess of the applicable amounts shall be applied as may be required by 847 |
|---|
| 3424 | + | said federal law, and assistance shall be granted for the balance of the 848 |
|---|
| 3425 | + | cost of authorized medical assistance. The Commissioner of Social 849 |
|---|
| 3426 | + | Services shall provide applicants for assistance under this section, at the 850 |
|---|
| 3427 | + | time of application, with a written statement advising them of (A) the 851 |
|---|
| 3428 | + | effect of an assignment or transfer or other disposition of property on 852 |
|---|
| 3429 | + | eligibility for benefits or assistance, (B) the effect that having income that 853 |
|---|
| 3430 | + | exceeds the limits prescribed in this subsection will have with respect to 854 |
|---|
| 3431 | + | program eligibility, and (C) the availability of, and eligibility for, 855 |
|---|
| 3432 | + | services provided by the Connecticut Home Visiting System, 856 |
|---|
| 3433 | + | established pursuant to section 17b-751b. For coverage dates on or after 857 |
|---|
| 3434 | + | January 1, 2014, the department shall use the modified adjusted gross 858 |
|---|
| 3435 | + | income financial eligibility rules set forth in Section 1902(e)(14) of the 859 |
|---|
| 3436 | + | Social Security Act and the implementing regulations to determine 860 |
|---|
| 3437 | + | eligibility for HUSKY A, HUSKY B and HUSKY D applicants, as defined 861 |
|---|
| 3438 | + | in section 17b-290. Persons who are determined ineligible for assistance 862 |
|---|
| 3439 | + | pursuant to this section shall be provided a written statement notifying 863 |
|---|
| 3440 | + | such persons of their ineligibility and advising such persons of their 864 |
|---|
| 3441 | + | potential eligibility for one of the other insurance affordability programs 865 |
|---|
| 3442 | + | as defined in 42 CFR 435.4. 866 |
|---|
| 3443 | + | Bill No. |
|---|
| 3444 | + | |
|---|
| 3445 | + | |
|---|
| 3446 | + | |
|---|
| 3447 | + | LCO No. 5697 68 of 350 |
|---|
| 3448 | + | |
|---|
| 3449 | + | Sec. 39. Section 302 of public act 23-204 is repealed. (Effective from 867 |
|---|
| 3450 | + | passage) 868 |
|---|
| 3451 | + | Sec. 40. Section 23-15h of the general statutes is repealed and the 869 |
|---|
| 3452 | + | following is substituted in lieu thereof (Effective July 1, 2024): 870 |
|---|
| 3453 | + | (a) There is established an account to be known as the Passport to the 871 |
|---|
| 3454 | + | Parks account which shall be a separate, nonlapsing account within the 872 |
|---|
| 3455 | + | General Fund. Moneys in such account shall be used to provide 873 |
|---|
| 3456 | + | expenses of the Council on Environmental Quality, beginning with the 874 |
|---|
| 3457 | + | fiscal year ending June 30, 2019, and for the care, maintenance, operation 875 |
|---|
| 3458 | + | and improvement of state parks and campgrounds, the care, 876 |
|---|
| 3459 | + | maintenance and operation of Batterson Park, the Thames River 877 |
|---|
| 3460 | + | Heritage Park, the funding of soil and water conservation districts and 878 |
|---|
| 3461 | + | the funding of environmental review teams, in accordance with 879 |
|---|
| 3462 | + | subsection (b) of this section. All funds collected from the Passport to 880 |
|---|
| 3463 | + | the Parks Fee established pursuant to section 14-49b shall be deposited 881 |
|---|
| 3464 | + | into the Passport to the Parks account. Such account shall contain all 882 |
|---|
| 3465 | + | moneys required by law to be deposited in such account. Such account 883 |
|---|
| 3466 | + | may receive funds from private or public sources, including, but not 884 |
|---|
| 3467 | + | limited to, any municipal government or the federal government. Such 885 |
|---|
| 3468 | + | account shall contain subaccounts as required by section 23-15b. 886 |
|---|
| 3469 | + | (b) For the fiscal year beginning July 1, 2018, and each fiscal year 887 |
|---|
| 3470 | + | thereafter, the sum of one hundred thousand dollars shall be paid by the 888 |
|---|
| 3471 | + | Department of Energy and Environmental Protection from the Passport 889 |
|---|
| 3472 | + | to the Parks account to each of the following entities: (1) The Connecticut 890 |
|---|
| 3473 | + | River Coastal Conservation District, (2) the Eastern Conservation 891 |
|---|
| 3474 | + | District, (3) the North Central Conservation District, (4) the Northwest 892 |
|---|
| 3475 | + | Conservation District, (5) the Southwest Conservation District, (6) the 893 |
|---|
| 3476 | + | Connecticut Environmental Review Team, and (7) the Connecticut 894 |
|---|
| 3477 | + | Council on Water and Soil Conservation. 895 |
|---|
| 3478 | + | Sec. 41. (NEW) (Effective from passage) The Department of Energy and 896 |
|---|
| 3479 | + | Environmental Protection, the city of Hartford and Riverfront 897 |
|---|
| 3480 | + | Bill No. |
|---|
| 3481 | + | |
|---|
| 3482 | + | |
|---|
| 3483 | + | |
|---|
| 3484 | + | LCO No. 5697 69 of 350 |
|---|
| 3485 | + | |
|---|
| 3486 | + | Recapture shall enter into a memorandum of agreement for the care, 898 |
|---|
| 3487 | + | maintenance and operation of Batterson Park by Riverfront Recapture. 899 |
|---|
| 3488 | + | Such agreement may include, but shall not be limited to: (1) 900 |
|---|
| 3489 | + | Authorization for Riverfront Recapture, through its agents and 901 |
|---|
| 3490 | + | employees, to enter upon, maintain and operate all areas of Batterson 902 |
|---|
| 3491 | + | Park, including, but not limited to, any areas not under the care, custody 903 |
|---|
| 3492 | + | and control of the city of Hartford, and (2) the provision of a grant-in-904 |
|---|
| 3493 | + | aid from the Department of Energy and Environmental Protection to 905 |
|---|
| 3494 | + | Riverfront Recapture, each fiscal year, for the care, maintenance and 906 |
|---|
| 3495 | + | operation of Batterson Park through funding available to such state 907 |
|---|
| 3496 | + | agency in accordance with the provisions of section 23-15h of the 908 |
|---|
| 3497 | + | general statutes. 909 |
|---|
| 3498 | + | Sec. 42. (NEW) (Effective from passage) The Department of Energy and 910 |
|---|
| 3499 | + | Environmental Protection shall enter into a memorandum of agreement 911 |
|---|
| 3500 | + | with the Thames River Heritage Park Foundation for the funding of said 912 |
|---|
| 3501 | + | heritage park. 913 |
|---|
| 3502 | + | Sec. 43. Subsection (b) of section 14-49b of the general statutes is 914 |
|---|
| 3503 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 915 |
|---|
| 3504 | + | 2025): 916 |
|---|
| 3505 | + | (b) For each new registration or renewal of registration of any motor 917 |
|---|
| 3506 | + | vehicle with the Commissioner of Motor Vehicles pursuant to this 918 |
|---|
| 3507 | + | chapter, the person registering such vehicle shall pay to the 919 |
|---|
| 3508 | + | commissioner a fee of [fifteen] twenty-four dollars for registration for a 920 |
|---|
| 3509 | + | triennial period or [ten] sixteen dollars for registration for a biennial 921 |
|---|
| 3510 | + | period for the following registration types: Passenger, motorcycle, 922 |
|---|
| 3511 | + | motor home, combination or antique. Any person who is sixty-five years 923 |
|---|
| 3512 | + | or older and who obtains a one-year registration renewal under section 924 |
|---|
| 3513 | + | 14-49 for such registration type shall pay [five] eight dollars for the 925 |
|---|
| 3514 | + | annual registration period. The provisions of this subsection shall not 926 |
|---|
| 3515 | + | apply to any motor vehicle that is not self-propelled or that is exempted 927 |
|---|
| 3516 | + | from payment of a registration fee. This fee shall be identified as the 928 |
|---|
| 3517 | + | "Passport to the Parks Fee" on any registration form provided by the 929 |
|---|
| 3518 | + | Bill No. |
|---|
| 3519 | + | |
|---|
| 3520 | + | |
|---|
| 3521 | + | |
|---|
| 3522 | + | LCO No. 5697 70 of 350 |
|---|
| 3523 | + | |
|---|
| 3524 | + | commissioner. Payments collected pursuant to the provisions of this 930 |
|---|
| 3525 | + | subsection shall be deposited in the Passport to the Parks account 931 |
|---|
| 3526 | + | established pursuant to section 23-15h. The fee required by this 932 |
|---|
| 3527 | + | subsection is in addition to any other fees prescribed by any other 933 |
|---|
| 3528 | + | provision of this title for the registration of a motor vehicle. No part of 934 |
|---|
| 3529 | + | the "Passport to the Parks Fee" shall be subject to a refund under 935 |
|---|
| 3530 | + | subsection (z) of section 14-49. 936 |
|---|
| 3531 | + | Sec. 44. (NEW) (Effective July 1, 2024) For the fiscal year ending June 937 |
|---|
| 3532 | + | 30, 2024, and for each fiscal year thereafter, the Comptroller shall fund 938 |
|---|
| 3533 | + | the fringe benefit cost differential between the average rate for fringe 939 |
|---|
| 3534 | + | benefits for employees of private hospitals in the state and the fringe 940 |
|---|
| 3535 | + | benefit rate for employees of The University of Connecticut Health 941 |
|---|
| 3536 | + | Center from the resources appropriated for State Comptroller-Fringe 942 |
|---|
| 3537 | + | Benefits in an amount not to exceed $4,500,000. For purposes of this 943 |
|---|
| 3538 | + | section, the "fringe benefit cost differential" means the difference 944 |
|---|
| 3539 | + | between the state fringe benefit rate calculated on The University of 945 |
|---|
| 3540 | + | Connecticut Health Center payroll and the average member fringe 946 |
|---|
| 3541 | + | benefit rate of all Connecticut acute care hospitals as contained in the 947 |
|---|
| 3542 | + | annual reports submitted to the Health Systems Planning Unit of the 948 |
|---|
| 3543 | + | Office of Health Strategy pursuant to section 19a-644 of the general 949 |
|---|
| 3544 | + | statutes. 950 |
|---|
| 3545 | + | Sec. 45. Subsection (g) of section 19a-59i of the general statutes is 951 |
|---|
| 3546 | + | repealed and the following is substituted in lieu thereof (Effective from 952 |
|---|
| 3547 | + | passage): 953 |
|---|
| 3548 | + | (g) [Not later than January 1, 2023, the maternal mortality review 954 |
|---|
| 3549 | + | committee] The Department of Public Health shall develop educational 955 |
|---|
| 3550 | + | materials regarding: 956 |
|---|
| 3551 | + | (1) The health and safety of pregnant and postpartum persons with 957 |
|---|
| 3552 | + | mental health disorders, including, but not limited to, perinatal mood 958 |
|---|
| 3553 | + | and anxiety disorders, for distribution by the [Department of Public 959 |
|---|
| 3554 | + | Health] department to each birthing hospital in the state. As used in this 960 |
|---|
| 3555 | + | Bill No. |
|---|
| 3556 | + | |
|---|
| 3557 | + | |
|---|
| 3558 | + | |
|---|
| 3559 | + | LCO No. 5697 71 of 350 |
|---|
| 3560 | + | |
|---|
| 3561 | + | subdivision, "birthing hospital" means a health care facility, as defined 961 |
|---|
| 3562 | + | in section 19a-630, operated and maintained in whole or in part for the 962 |
|---|
| 3563 | + | purpose of caring for patients during the delivery of a child and for a 963 |
|---|
| 3564 | + | postpartum person and such person's newborn following birth; 964 |
|---|
| 3565 | + | (2) Evidence-based screening tools for screening patients for intimate 965 |
|---|
| 3566 | + | partner violence, peripartum mood disorders and substance use 966 |
|---|
| 3567 | + | disorder for distribution by the [Department of Public Health] 967 |
|---|
| 3568 | + | department to obstetricians and other health care providers who 968 |
|---|
| 3569 | + | practice obstetrics; [and] 969 |
|---|
| 3570 | + | (3) Indicators of intimate partner violence for distribution by the 970 |
|---|
| 3571 | + | [Department of Public Health] department to (A) hospitals for use by 971 |
|---|
| 3572 | + | health care providers in the emergency department and hospital social 972 |
|---|
| 3573 | + | workers, and (B) obstetricians and other health care providers who 973 |
|---|
| 3574 | + | practice obstetrics; and 974 |
|---|
| 3575 | + | (4) Not later than January 1, 2025, intimate partner violence toward 975 |
|---|
| 3576 | + | pregnant and postpartum persons for distribution by the department 976 |
|---|
| 3577 | + | (A) in print to each birthing hospital and birth center in the state, and 977 |
|---|
| 3578 | + | (B) electronically to obstetricians and other health care providers who 978 |
|---|
| 3579 | + | practice obstetrics for provision to pregnant and postpartum patients. 979 |
|---|
| 3580 | + | The department shall consult with organizations that advocate on behalf 980 |
|---|
| 3581 | + | of victims of domestic violence in the development of educational 981 |
|---|
| 3582 | + | materials pursuant to this subdivision. 982 |
|---|
| 3583 | + | Sec. 46. Section 19a-490ee of the general statutes is repealed and the 983 |
|---|
| 3584 | + | following is substituted in lieu thereof (Effective from passage): 984 |
|---|
| 3585 | + | (a) As used in this section, (1) "birthing hospital" means a health care 985 |
|---|
| 3586 | + | facility, as defined in section 19a-630, operated and maintained in whole 986 |
|---|
| 3587 | + | or in part for the purpose of caring for a person during the delivery of a 987 |
|---|
| 3588 | + | child and for a postpartum person and such person's newborn following 988 |
|---|
| 3589 | + | birth; and (2) "birth center" has the same meaning as provided in section 989 |
|---|
| 3590 | + | 19a-490. 990 |
|---|
| 3591 | + | Bill No. |
|---|
| 3592 | + | |
|---|
| 3593 | + | |
|---|
| 3594 | + | |
|---|
| 3595 | + | LCO No. 5697 72 of 350 |
|---|
| 3596 | + | |
|---|
| 3597 | + | (b) [On and after October 1, 2022, each] Each birthing hospital shall 991 |
|---|
| 3598 | + | provide to each patient who has undergone a caesarean section written 992 |
|---|
| 3599 | + | information regarding the importance of mobility following a caesarean 993 |
|---|
| 3600 | + | section and the risks associated with immobility following a caesarean 994 |
|---|
| 3601 | + | section. 995 |
|---|
| 3602 | + | (c) [Not later than January 1, 2023, each] Each birthing hospital shall 996 |
|---|
| 3603 | + | establish a patient portal through which a postpartum patient can 997 |
|---|
| 3604 | + | virtually access, through an Internet web site or application, any 998 |
|---|
| 3605 | + | educational materials and other information that the birthing hospital 999 |
|---|
| 3606 | + | provided to the patient during the patient's stay at the birthing hospital 1000 |
|---|
| 3607 | + | and at the time of the patient's discharge from the birthing hospital. 1001 |
|---|
| 3608 | + | (d) [On and after January 1, 2023, each] Each birthing hospital shall 1002 |
|---|
| 3609 | + | provide to each postpartum patient the educational materials regarding 1003 |
|---|
| 3610 | + | the health and safety of pregnant and postpartum persons with mental 1004 |
|---|
| 3611 | + | health disorders, including, but not limited to, perinatal mood and 1005 |
|---|
| 3612 | + | anxiety disorders, developed by the maternal mortality review 1006 |
|---|
| 3613 | + | committee pursuant to subdivision (1) of subsection (g) of section 19a-1007 |
|---|
| 3614 | + | 59i. 1008 |
|---|
| 3615 | + | (e) On and after January 1, 2025, each birthing hospital and birth 1009 |
|---|
| 3616 | + | center shall provide to each pregnant and postpartum patient the 1010 |
|---|
| 3617 | + | educational materials regarding intimate partner violence toward 1011 |
|---|
| 3618 | + | pregnant and postpartum persons, developed by the Department of 1012 |
|---|
| 3619 | + | Public Health pursuant to subdivision (4) of subsection (g) of section 1013 |
|---|
| 3620 | + | 19a-59i. 1014 |
|---|
| 3621 | + | Sec. 47. Section 32-616a of the 2024 supplement to the general statutes 1015 |
|---|
| 3622 | + | is repealed and the following is substituted in lieu thereof (Effective July 1016 |
|---|
| 3623 | + | 1, 2024): 1017 |
|---|
| 3624 | + | (a) For purposes of this section and section 32-616b: 1018 |
|---|
| 3625 | + | (1) "Authority" means the Capital Region Development Authority 1019 |
|---|
| 3626 | + | established pursuant to section 32-601. 1020 |
|---|
| 3627 | + | Bill No. |
|---|
| 3628 | + | |
|---|
| 3629 | + | |
|---|
| 3630 | + | |
|---|
| 3631 | + | LCO No. 5697 73 of 350 |
|---|
| 3632 | + | |
|---|
| 3633 | + | (2) "Contractor" means an entity, including any affiliate thereof, 1021 |
|---|
| 3634 | + | selected and approved by the board of directors of the authority to 1022 |
|---|
| 3635 | + | manage and operate the XL Center. 1023 |
|---|
| 3636 | + | (3) "XL Center" means the civic center and coliseum complex in the 1024 |
|---|
| 3637 | + | city of Hartford known as the XL Center and includes the adjoining 1025 |
|---|
| 3638 | + | parking garage owned by the authority that is located on Church Street 1026 |
|---|
| 3639 | + | in the city of Hartford. 1027 |
|---|
| 3640 | + | (b) Notwithstanding any provision of the general statutes, the 1028 |
|---|
| 3641 | + | authority may enter into an agreement with the contractor that is 1029 |
|---|
| 3642 | + | managing and operating the XL Center on July 1, 2023, to continue to 1030 |
|---|
| 3643 | + | manage and operate the XL Center. Any such agreement shall provide 1031 |
|---|
| 3644 | + | that the contractor will manage, operate and invest in the renovation of 1032 |
|---|
| 3645 | + | the XL Center and bear any losses and share in any profits from the 1033 |
|---|
| 3646 | + | operation of the XL Center. Any such agreement shall be entered into 1034 |
|---|
| 3647 | + | not later than December 31, 2025, except amendments thereto may be 1035 |
|---|
| 3648 | + | entered into after said date. Any such agreement or amendment to such 1036 |
|---|
| 3649 | + | agreement shall be subject to the approval of the Secretary of the Office 1037 |
|---|
| 3650 | + | of Policy and Management. 1038 |
|---|
| 3651 | + | (c) Any agreement entered into pursuant to this section shall include, 1039 |
|---|
| 3652 | + | but not be limited to, the following terms and conditions: 1040 |
|---|
| 3653 | + | (1) The term of the agreement, the expiration of which shall be limited 1041 |
|---|
| 3654 | + | to the earliest expiration of any agreement entered into in accordance 1042 |
|---|
| 3655 | + | with subsection (e) of this section; 1043 |
|---|
| 3656 | + | (2) The amounts that the authority and the contractor shall contribute 1044 |
|---|
| 3657 | + | toward the renovation and reconstruction of the XL Center pursuant to 1045 |
|---|
| 3658 | + | section 32-616b; 1046 |
|---|
| 3659 | + | (3) A complete description of the scope of the management and 1047 |
|---|
| 3660 | + | operations and functions to be performed under the agreement and the 1048 |
|---|
| 3661 | + | responsibilities of the authority and the contractor thereunder; 1049 |
|---|
| 3662 | + | Bill No. |
|---|
| 3663 | + | |
|---|
| 3664 | + | |
|---|
| 3665 | + | |
|---|
| 3666 | + | LCO No. 5697 74 of 350 |
|---|
| 3667 | + | |
|---|
| 3668 | + | (4) The minimum quality standards the contractor shall maintain in 1050 |
|---|
| 3669 | + | its management and operation of the XL Center; 1051 |
|---|
| 3670 | + | (5) The methodology to calculate the net profit or loss derived from 1052 |
|---|
| 3671 | + | the operations of the XL Center, provided (A) operating expenses shall 1053 |
|---|
| 3672 | + | not include depreciation on any assets paid for with the funds 1054 |
|---|
| 3673 | + | contributed by the contractor or the authority for the renovation and 1055 |
|---|
| 3674 | + | reconstruction of the XL Center in accordance with section 32-616b, and 1056 |
|---|
| 3675 | + | (B) operating expenses may include fees for certain services that are paid 1057 |
|---|
| 3676 | + | to the contractor or its affiliates for certain services rendered, including, 1058 |
|---|
| 3677 | + | but not limited to, venue management fees, food and beverage fees, and 1059 |
|---|
| 3678 | + | sponsorship and premium commissions; 1060 |
|---|
| 3679 | + | (6) The division of the net profit or loss between the contractor and 1061 |
|---|
| 3680 | + | the authority, provided that on an annual basis: (A) The contractor shall 1062 |
|---|
| 3681 | + | be responsible for any net loss from the operations of the XL Center, (B) 1063 |
|---|
| 3682 | + | the contractor shall retain the first four million dollars of any net profit 1064 |
|---|
| 3683 | + | from the operations of the XL Center, and (C) any net profit from the 1065 |
|---|
| 3684 | + | operations of the XL Center in excess of four million dollars shall be split 1066 |
|---|
| 3685 | + | equally between the contractor and the authority; 1067 |
|---|
| 3686 | + | (7) Any amounts that the contractor and the authority will contribute 1068 |
|---|
| 3687 | + | to a capital expense fund to pay for future capital improvements; 1069 |
|---|
| 3688 | + | (8) A requirement that the contractor furnish an annual independent 1070 |
|---|
| 3689 | + | audit report to the authority and to the Secretary of the Office of Policy 1071 |
|---|
| 3690 | + | and Management covering all aspects of the agreement; 1072 |
|---|
| 3691 | + | (9) Performance and payment bonds or other security deemed 1073 |
|---|
| 3692 | + | suitable by the authority; 1074 |
|---|
| 3693 | + | (10) One or more policies of public liability insurance in such 1075 |
|---|
| 3694 | + | amounts determined by the authority to ensure coverage of tort liability 1076 |
|---|
| 3695 | + | for the public and employees of the contractor and to provide for the 1077 |
|---|
| 3696 | + | continued operation of the XL Center; 1078 |
|---|
| 3697 | + | Bill No. |
|---|
| 3698 | + | |
|---|
| 3699 | + | |
|---|
| 3700 | + | |
|---|
| 3701 | + | LCO No. 5697 75 of 350 |
|---|
| 3702 | + | |
|---|
| 3703 | + | (11) The rights and remedies available to the authority for a material 1079 |
|---|
| 3704 | + | breach of the agreement by the contractor; and 1080 |
|---|
| 3705 | + | (12) Any other provision determined to be appropriate by the 1081 |
|---|
| 3706 | + | authority. 1082 |
|---|
| 3707 | + | (d) Any agreement entered into pursuant to this section shall be 1083 |
|---|
| 3708 | + | consistent with the provisions of subdivision (4) of subsection (d) of 1084 |
|---|
| 3709 | + | section 32-602. 1085 |
|---|
| 3710 | + | (e) Prior to entering into any agreement pursuant to subsection (b) of 1086 |
|---|
| 3711 | + | this section, the authority shall enter into one or more agreements with 1087 |
|---|
| 3712 | + | the city of Hartford to extend the lease of the XL Center. 1088 |
|---|
| 3713 | + | (f) For purposes of property taxation, while owned, leased or 1089 |
|---|
| 3714 | + | operated by the authority or the contractor, the XL Center and any 1090 |
|---|
| 3715 | + | personal property located thereon shall be deemed to be state-owned 1091 |
|---|
| 3716 | + | property under subdivision (2) of section 12-81, except the state shall not 1092 |
|---|
| 3717 | + | make any grant in lieu of taxes with respect to the XL Center. 1093 |
|---|
| 3718 | + | (g) Any purchase or lease necessary for the operations of the XL 1094 |
|---|
| 3719 | + | Center shall not be subject to the taxes imposed under chapter 219 while 1095 |
|---|
| 3720 | + | the XL Center is owned, leased or operated by the authority or the 1096 |
|---|
| 3721 | + | contractor. 1097 |
|---|
| 3722 | + | Sec. 48. Section 32-616b of the 2024 supplement to the general statutes 1098 |
|---|
| 3723 | + | is repealed and the following is substituted in lieu thereof (Effective July 1099 |
|---|
| 3724 | + | 1, 2024): 1100 |
|---|
| 3725 | + | (a) Notwithstanding any provision of the general statutes, the 1101 |
|---|
| 3726 | + | authority may enter into one or more agreements for a project to 1102 |
|---|
| 3727 | + | renovate and reconstruct the XL Center. Any such agreement shall be 1103 |
|---|
| 3728 | + | entered into not later than December 31, 2025, except amendments 1104 |
|---|
| 3729 | + | thereto may be entered into after said date. Any such agreement or 1105 |
|---|
| 3730 | + | amendment shall be subject to the approval of the Secretary of the Office 1106 |
|---|
| 3731 | + | of Policy and Management. 1107 |
|---|
| 3732 | + | Bill No. |
|---|
| 3733 | + | |
|---|
| 3734 | + | |
|---|
| 3735 | + | |
|---|
| 3736 | + | LCO No. 5697 76 of 350 |
|---|
| 3737 | + | |
|---|
| 3738 | + | (b) Any such agreement shall provide that the authority, the state, or 1108 |
|---|
| 3739 | + | a combination thereof, shall contribute not more than [eighty] one 1109 |
|---|
| 3740 | + | hundred twenty-five million dollars and the contractor shall contribute 1110 |
|---|
| 3741 | + | not less than twenty million dollars toward the costs of any renovation 1111 |
|---|
| 3742 | + | or reconstruction of the XL Center occurring after January 1, 2023. 1112 |
|---|
| 3743 | + | Sec. 49. (Effective July 1, 2024) (a) The Criminal Justice Policy and 1113 |
|---|
| 3744 | + | Planning Division within the Office of Policy and Management, in 1114 |
|---|
| 3745 | + | consultation with the Department of Correction, shall conduct a needs 1115 |
|---|
| 3746 | + | assessment of the facilities, materials and staffing required for the 1116 |
|---|
| 3747 | + | delivery of postsecondary education programs in correctional facilities. 1117 |
|---|
| 3748 | + | Such assessment shall include, but need not be limited to, (1) a 1118 |
|---|
| 3749 | + | solicitation of feedback from institutions of higher education that 1119 |
|---|
| 3750 | + | provide postsecondary education programs in correctional facilities to 1120 |
|---|
| 3751 | + | understand current needs, (2) an analysis of the policies of the 1121 |
|---|
| 3752 | + | Department of Correction concerning postsecondary education of 1122 |
|---|
| 3753 | + | incarcerated persons, (3) a determination of the level of unmet demand 1123 |
|---|
| 3754 | + | for postsecondary education among incarcerated persons, (4) an 1124 |
|---|
| 3755 | + | inventory of the (A) correctional facilities, including, but not limited to, 1125 |
|---|
| 3756 | + | classrooms, multipurpose rooms, libraries and study rooms, (B) staffing, 1126 |
|---|
| 3757 | + | and (C) materials, including, but not limited to, education technology 1127 |
|---|
| 3758 | + | and Internet access, currently available for the delivery of 1128 |
|---|
| 3759 | + | postsecondary education, (5) recommendations for and a cost analysis 1129 |
|---|
| 3760 | + | of the improvement of such facilities, staffing and materials to meet the 1130 |
|---|
| 3761 | + | unmet demand for postsecondary education, (6) a survey of (A) 1131 |
|---|
| 3762 | + | students of postsecondary education programs in correctional facilities, 1132 |
|---|
| 3763 | + | (B) former students of such programs, in consultation with regional 1133 |
|---|
| 3764 | + | reentry programs, and (C) any group or person the division deems 1134 |
|---|
| 3765 | + | necessary, and (7) a listing of any other specific barriers to the effective 1135 |
|---|
| 3766 | + | delivery of postsecondary education programs to incarcerated persons. 1136 |
|---|
| 3767 | + | (b) Not later than January 1, 2025, the Secretary of the Office of Policy 1137 |
|---|
| 3768 | + | and Management shall report, in accordance with the provisions of 1138 |
|---|
| 3769 | + | section 11-4a of the general statutes, to the joint standing committee of 1139 |
|---|
| 3770 | + | the General Assembly having cognizance of matters relating to higher 1140 |
|---|
| 3771 | + | Bill No. |
|---|
| 3772 | + | |
|---|
| 3773 | + | |
|---|
| 3774 | + | |
|---|
| 3775 | + | LCO No. 5697 77 of 350 |
|---|
| 3776 | + | |
|---|
| 3777 | + | education and employment advancement regarding the needs 1141 |
|---|
| 3778 | + | assessment conducted pursuant to subsection (a) of this section. 1142 |
|---|
| 3779 | + | Sec. 50. Subsection (b) of section 10a-173 of the 2024 supplement to 1143 |
|---|
| 3780 | + | the general statutes is repealed and the following is substituted in lieu 1144 |
|---|
| 3781 | + | thereof (Effective from passage): 1145 |
|---|
| 3782 | + | (b) The Office of Higher Education shall establish the Roberta B. 1146 |
|---|
| 3783 | + | Willis Scholarship program to annually make need-based financial aid 1147 |
|---|
| 3784 | + | available for eligible educational costs to eligible students enrolled at 1148 |
|---|
| 3785 | + | Connecticut's public and independent institutions of higher education. 1149 |
|---|
| 3786 | + | Within available funds, the Roberta B. Willis Scholarship program shall 1150 |
|---|
| 3787 | + | include a need and merit-based grant, a need-based grant and a Charter 1151 |
|---|
| 3788 | + | Oak grant. The need and merit-based grant shall be funded at not less 1152 |
|---|
| 3789 | + | than twenty per cent but not more than thirty per cent of available funds 1153 |
|---|
| 3790 | + | or ten million dollars, whichever is greater. The need-based grant shall 1154 |
|---|
| 3791 | + | be funded at up to eighty per cent of available funds. The Charter Oak 1155 |
|---|
| 3792 | + | grant shall be not less than one hundred thousand dollars of available 1156 |
|---|
| 3793 | + | funds. There shall be an administrative allowance based on one-quarter 1157 |
|---|
| 3794 | + | of one per cent of the available funds, but not less than one hundred 1158 |
|---|
| 3795 | + | thousand dollars annually. The Office of Higher Education shall [use] 1159 |
|---|
| 3796 | + | disburse the funds appropriated or allocated for the Roberta B. Willis 1160 |
|---|
| 3797 | + | Scholarship program for the fiscal [year] years ending June 30, 2024, and 1161 |
|---|
| 3798 | + | June 30, 2025, to make awards pursuant to subsection (c) of this section 1162 |
|---|
| 3799 | + | and allocate funds pursuant to subsections (d) and (f) of this section [for 1163 |
|---|
| 3800 | + | the academic years commencing July 1, 2023, and July 1, 2024] in 1164 |
|---|
| 3801 | + | accordance with a plan developed by the office, provided the office shall 1165 |
|---|
| 3802 | + | [use] (1) disburse all funds allocated for the Roberta B. Willis 1166 |
|---|
| 3803 | + | Scholarship program from the federal funds designated for the state 1167 |
|---|
| 3804 | + | pursuant to the provisions of Section 602 of Subtitle M of Title IX of the 1168 |
|---|
| 3805 | + | American Rescue Plan Act of 2021, P.L. 117-2, as amended from time to 1169 |
|---|
| 3806 | + | time, on or before December 31, 2024, and (2) in accordance with 1170 |
|---|
| 3807 | + | subsection (f) of section 4-89, reserve an amount of not more than fifteen 1171 |
|---|
| 3808 | + | million dollars from the amount appropriated for the Roberta B. Willis 1172 |
|---|
| 3809 | + | Scholarship program for the fiscal year ending June 30, 2025, for 1173 |
|---|
| 3810 | + | Bill No. |
|---|
| 3811 | + | |
|---|
| 3812 | + | |
|---|
| 3813 | + | |
|---|
| 3814 | + | LCO No. 5697 78 of 350 |
|---|
| 3815 | + | |
|---|
| 3816 | + | disbursement during the fiscal year ending June 30, 2026. 1174 |
|---|
| 3817 | + | Sec. 51. (NEW) (Effective from passage) Not later than January 1, 2025, 1175 |
|---|
| 3818 | + | and quarterly thereafter, the Connecticut Port Authority shall submit a 1176 |
|---|
| 3819 | + | report, in accordance with the provisions of section 11-4a of the general 1177 |
|---|
| 3820 | + | statutes, to the joint standing committees of the General Assembly 1178 |
|---|
| 3821 | + | having cognizance of matters relating to transportation and 1179 |
|---|
| 3822 | + | appropriations and the budgets of state agencies that shall include the 1180 |
|---|
| 3823 | + | following: (1) A description of the authority's work to support grants 1181 |
|---|
| 3824 | + | under the Small Harbor Improvement Projects Program; (2) a 1182 |
|---|
| 3825 | + | description of the authority's dredging activities and the needs 1183 |
|---|
| 3826 | + | concerning dredging in harbors in the state; (3) a description of the 1184 |
|---|
| 3827 | + | authority's marketing activities on behalf of maritime communities in 1185 |
|---|
| 3828 | + | the state; and (4) a staffing plan to handle the needs of the authority. 1186 |
|---|
| 3829 | + | Sec. 52. Section 2-137 of the 2024 supplement to the general statutes 1187 |
|---|
| 3830 | + | is repealed and the following is substituted in lieu thereof (Effective from 1188 |
|---|
| 3831 | + | passage): 1189 |
|---|
| 3832 | + | (a) There is established a Transforming Children's Behavioral Health 1190 |
|---|
| 3833 | + | Policy and Planning Committee. The committee shall evaluate the 1191 |
|---|
| 3834 | + | availability and efficacy of prevention, early intervention, and 1192 |
|---|
| 3835 | + | behavioral health treatment services and options for children from birth 1193 |
|---|
| 3836 | + | to age eighteen and make recommendations to the General Assembly 1194 |
|---|
| 3837 | + | and executive agencies regarding the governance and administration of 1195 |
|---|
| 3838 | + | the behavioral health care system for children. The committee shall be 1196 |
|---|
| 3839 | + | within the Legislative Department. For purposes of this section, 1197 |
|---|
| 3840 | + | "behavioral health" means mental health and substance use disorders, 1198 |
|---|
| 3841 | + | as well as overall psychological well-being. 1199 |
|---|
| 3842 | + | (b) The committee shall consist of the following members: 1200 |
|---|
| 3843 | + | (1) The chairpersons and ranking members of the joint standing 1201 |
|---|
| 3844 | + | committees of the General Assembly having cognizance of matters 1202 |
|---|
| 3845 | + | relating to public health, human services, children and appropriations 1203 |
|---|
| 3846 | + | and the budgets of state agencies, or their designees; 1204 |
|---|
| 3847 | + | Bill No. |
|---|
| 3848 | + | |
|---|
| 3849 | + | |
|---|
| 3850 | + | |
|---|
| 3851 | + | LCO No. 5697 79 of 350 |
|---|
| 3852 | + | |
|---|
| 3853 | + | (2) Three appointed by the speaker of the House of Representatives, 1205 |
|---|
| 3854 | + | one of whom shall be a member of the General Assembly and two of 1206 |
|---|
| 3855 | + | whom shall be providers of behavioral health services for children in the 1207 |
|---|
| 3856 | + | state; 1208 |
|---|
| 3857 | + | (3) Three appointed by the president pro tempore of the Senate, one 1209 |
|---|
| 3858 | + | of whom shall be a member of the General Assembly and two of whom 1210 |
|---|
| 3859 | + | shall be representatives of private advocacy groups that provide 1211 |
|---|
| 3860 | + | services for children and families in the state; 1212 |
|---|
| 3861 | + | (4) (A) Two appointed by the chairperson of the committee selected 1213 |
|---|
| 3862 | + | by the speaker of the House of Representatives pursuant to subsection 1214 |
|---|
| 3863 | + | (e) of this section, one of whom shall be a child or youth advocate; and 1215 |
|---|
| 3864 | + | (B) two appointed by the chairperson of the committee selected by the 1216 |
|---|
| 3865 | + | president pro tempore of the Senate pursuant to subsection (e) of this 1217 |
|---|
| 3866 | + | section, one of whom shall be a child or youth advocate; 1218 |
|---|
| 3867 | + | (5) Two appointed by the majority leader of the House of 1219 |
|---|
| 3868 | + | Representatives, who shall be representatives of children's hospitals; 1220 |
|---|
| 3869 | + | (6) One appointed by the majority leader of the Senate, who shall be 1221 |
|---|
| 3870 | + | a representative of public school superintendents in the state; 1222 |
|---|
| 3871 | + | (7) Two appointed by the minority leader of the House of 1223 |
|---|
| 3872 | + | Representatives, who shall be representatives of families with children 1224 |
|---|
| 3873 | + | who have been diagnosed with behavioral health disorders; 1225 |
|---|
| 3874 | + | (8) Two appointed by the minority leader of the Senate, who shall be 1226 |
|---|
| 3875 | + | providers of behavioral health services; 1227 |
|---|
| 3876 | + | (9) Two jointly appointed by the chairpersons of the joint standing 1228 |
|---|
| 3877 | + | committee of the General Assembly having cognizance of matters 1229 |
|---|
| 3878 | + | relating to appropriations and the budgets of state agencies, each of 1230 |
|---|
| 3879 | + | whom shall be a representative of one of the two federally recognized 1231 |
|---|
| 3880 | + | Indian tribes in the state; 1232 |
|---|
| 3881 | + | [(9)] (10) The Commissioners of Children and Families, Correction, 1233 |
|---|
| 3882 | + | Bill No. |
|---|
| 3883 | + | |
|---|
| 3884 | + | |
|---|
| 3885 | + | |
|---|
| 3886 | + | LCO No. 5697 80 of 350 |
|---|
| 3887 | + | |
|---|
| 3888 | + | Developmental Services, Early Childhood, Education, Insurance, 1234 |
|---|
| 3889 | + | Mental Health and Addiction Services, Public Health and Social 1235 |
|---|
| 3890 | + | Services, or their designees; 1236 |
|---|
| 3891 | + | [(10)] (11) The executive director of the Office of Health Strategy, or 1237 |
|---|
| 3892 | + | the executive director's designee; 1238 |
|---|
| 3893 | + | [(11)] (12) The Child Advocate, or the Child Advocate's designee; 1239 |
|---|
| 3894 | + | [(12)] (13) The Healthcare Advocate, or the Healthcare Advocate's 1240 |
|---|
| 3895 | + | designee; 1241 |
|---|
| 3896 | + | [(13)] (14) The executive director of the Court Support Services 1242 |
|---|
| 3897 | + | Division of the Judicial Branch, or the executive director's designee; 1243 |
|---|
| 3898 | + | [(14)] (15) The executive director of the Commission on Women, 1244 |
|---|
| 3899 | + | Children, Seniors, Equity and Opportunity, or the executive director's 1245 |
|---|
| 3900 | + | designee; 1246 |
|---|
| 3901 | + | [(15)] (16) The Secretary of the Office of Policy and Management, or 1247 |
|---|
| 3902 | + | the secretary's designee; and 1248 |
|---|
| 3903 | + | [(16)] (17) One representative from each administrative services 1249 |
|---|
| 3904 | + | organization under contract with the Department of Social Services to 1250 |
|---|
| 3905 | + | provide such services for recipients of assistance under the HUSKY 1251 |
|---|
| 3906 | + | Health program, who shall be ex-officio, nonvoting members. 1252 |
|---|
| 3907 | + | (c) Any member of the committee appointed under subdivisions (1) 1253 |
|---|
| 3908 | + | to (8), inclusive, of subsection (b) of this section may be a member of the 1254 |
|---|
| 3909 | + | General Assembly. 1255 |
|---|
| 3910 | + | (d) Any vacancy shall be filled by the appointing authority. 1256 |
|---|
| 3911 | + | (e) The chairpersons of the committee shall be (1) the Secretary of the 1257 |
|---|
| 3912 | + | Office of Policy and Management, or the secretary's designee, and (2) 1258 |
|---|
| 3913 | + | two members of the General Assembly, one each selected by the speaker 1259 |
|---|
| 3914 | + | of the House of Representatives and the president pro tempore of the 1260 |
|---|
| 3915 | + | Bill No. |
|---|
| 3916 | + | |
|---|
| 3917 | + | |
|---|
| 3918 | + | |
|---|
| 3919 | + | LCO No. 5697 81 of 350 |
|---|
| 3920 | + | |
|---|
| 3921 | + | Senate from among the members serving pursuant to subdivision (1), 1261 |
|---|
| 3922 | + | (2) or (3) of subsection (b) of this section. The three chairpersons shall 1262 |
|---|
| 3923 | + | schedule the first meeting of the committee, which shall be held not later 1263 |
|---|
| 3924 | + | than September 1, 2023. 1264 |
|---|
| 3925 | + | (f) Members of the committee shall serve without compensation, 1265 |
|---|
| 3926 | + | except for necessary expenses incurred in the performance of their 1266 |
|---|
| 3927 | + | duties. 1267 |
|---|
| 3928 | + | (g) Not later than December 1, [2023] 2025, the committee shall report, 1268 |
|---|
| 3929 | + | in accordance with section 11-4a, to the joint standing committees of the 1269 |
|---|
| 3930 | + | General Assembly having cognizance of matters relating to 1270 |
|---|
| 3931 | + | appropriations and the budgets of state agencies, public health, human 1271 |
|---|
| 3932 | + | services and children, and the Office of Policy and Management, 1272 |
|---|
| 3933 | + | regarding the following: 1273 |
|---|
| 3934 | + | (1) Any statutory and budgetary changes needed concerning the 1274 |
|---|
| 3935 | + | behavioral health system of prevention, development and treatment 1275 |
|---|
| 3936 | + | that the committee recommends to (A) improve developmental and 1276 |
|---|
| 3937 | + | behavioral health outcomes for children; (B) improve transparency and 1277 |
|---|
| 3938 | + | accountability with respect to state-funded services for children and 1278 |
|---|
| 3939 | + | youth with an emphasis on goals identified by the committee for 1279 |
|---|
| 3940 | + | community-based programs and facility-based interventions; and (C) 1280 |
|---|
| 3941 | + | promote the efficient sharing of information by state and state-funded 1281 |
|---|
| 3942 | + | agencies to ensure the regular collection and reporting of data regarding 1282 |
|---|
| 3943 | + | children and families' access to, utilization of and benefit from services 1283 |
|---|
| 3944 | + | necessary to promote public health and behavioral health outcomes for 1284 |
|---|
| 3945 | + | children and youth and their families; 1285 |
|---|
| 3946 | + | (2) The gaps in services identified by the committee with respect to 1286 |
|---|
| 3947 | + | children and families involved in the behavioral health system, and 1287 |
|---|
| 3948 | + | recommendations to address such gaps in services; 1288 |
|---|
| 3949 | + | (3) Strengths and barriers identified by the committee that support or 1289 |
|---|
| 3950 | + | impede the behavioral health needs of children and youth with specific 1290 |
|---|
| 3951 | + | recommendations for reforms; 1291 |
|---|
| 3952 | + | Bill No. |
|---|
| 3953 | + | |
|---|
| 3954 | + | |
|---|
| 3955 | + | |
|---|
| 3956 | + | LCO No. 5697 82 of 350 |
|---|
| 3957 | + | |
|---|
| 3958 | + | (4) An examination of the way state agencies can work collaboratively 1292 |
|---|
| 3959 | + | through school-based efforts and other processes to improve 1293 |
|---|
| 3960 | + | developmental and behavioral health outcomes for children; 1294 |
|---|
| 3961 | + | (5) An examination of disproportionate access and outcomes across 1295 |
|---|
| 3962 | + | the behavioral health care system for children of color; 1296 |
|---|
| 3963 | + | (6) An examination of disproportionate access and outcomes across 1297 |
|---|
| 3964 | + | the behavioral health care system for children with developmental 1298 |
|---|
| 3965 | + | disabilities; 1299 |
|---|
| 3966 | + | (7) A plan to ensure a quality assurance framework for facilities and 1300 |
|---|
| 3967 | + | programs that are part of the behavioral health care system and are 1301 |
|---|
| 3968 | + | operated privately or by the state that includes data regarding efficacy 1302 |
|---|
| 3969 | + | and outcomes; and 1303 |
|---|
| 3970 | + | (8) A governance structure for the children's behavioral health system 1304 |
|---|
| 3971 | + | that will best facilitate the public policy and healthcare goals of the state 1305 |
|---|
| 3972 | + | to ensure that all children and families, in urban, rural and all other 1306 |
|---|
| 3973 | + | areas of the state, can access high-quality behavioral health care. 1307 |
|---|
| 3974 | + | (h) The committee may complete its duties under this section after 1308 |
|---|
| 3975 | + | requesting consultation with one or more organizations that focus on 1309 |
|---|
| 3976 | + | children's behavioral health. The committee may accept administrative 1310 |
|---|
| 3977 | + | support and technical and research assistance from any organization. 1311 |
|---|
| 3978 | + | (i) The committee shall be given access to data collected by the state 1312 |
|---|
| 3979 | + | on matters related to children's behavioral health from the relevant state 1313 |
|---|
| 3980 | + | agencies or directly from contracted administrative service 1314 |
|---|
| 3981 | + | organizations, as applicable. 1315 |
|---|
| 3982 | + | (j) The committee may include two or more subcommittees chaired 1316 |
|---|
| 3983 | + | by a member of the committee to inform its recommendations. The 1317 |
|---|
| 3984 | + | subcommittees may focus on: Workforce-related issues, school-based 1318 |
|---|
| 3985 | + | health, prevention, and intermediate or acute care. Any subcommittees 1319 |
|---|
| 3986 | + | may examine gaps, reimbursement rates, parity in the outcomes of 1320 |
|---|
| 3987 | + | Bill No. |
|---|
| 3988 | + | |
|---|
| 3989 | + | |
|---|
| 3990 | + | |
|---|
| 3991 | + | LCO No. 5697 83 of 350 |
|---|
| 3992 | + | |
|---|
| 3993 | + | services or the efficacy of services. 1321 |
|---|
| 3994 | + | (k) The committee shall, annually, establish a work plan for 1322 |
|---|
| 3995 | + | reviewing and making follow-up reports on the status or progress of the 1323 |
|---|
| 3996 | + | committee's recommendations and activities. The work plan shall 1324 |
|---|
| 3997 | + | include specific recommendations to improve outcomes related to 1325 |
|---|
| 3998 | + | children's behavioral health and a timeline indicating dates by which 1326 |
|---|
| 3999 | + | specific tasks or outcomes should be achieved. 1327 |
|---|
| 4000 | + | (l) The committee shall develop a strategic plan that integrates the 1328 |
|---|
| 4001 | + | recommendations identified pursuant to subsection (g) of this section. 1329 |
|---|
| 4002 | + | In developing the plan, the committee may collaborate with any state 1330 |
|---|
| 4003 | + | agency with responsibilities relating to the behavioral health system. 1331 |
|---|
| 4004 | + | (m) Not later than December 1, [2024] 2026, the committee shall 1332 |
|---|
| 4005 | + | report, in accordance with section 11-4a, such plan, together with an 1333 |
|---|
| 4006 | + | account of progress made toward the full implementation of such plan, 1334 |
|---|
| 4007 | + | and any recommendations concerning the implementation of identified 1335 |
|---|
| 4008 | + | goals in the plan to the joint standing committees of the General 1336 |
|---|
| 4009 | + | Assembly having cognizance of matters relating to appropriations and 1337 |
|---|
| 4010 | + | the budgets of state agencies, public health, human services and 1338 |
|---|
| 4011 | + | children, and the Office of Policy and Management. 1339 |
|---|
| 4012 | + | Sec. 53. Subsections (c) to (e), inclusive, of section 10a-173 of the 2024 1340 |
|---|
| 4013 | + | supplement to the general statutes are repealed and the following is 1341 |
|---|
| 4014 | + | substituted in lieu thereof (Effective July 1, 2024): 1342 |
|---|
| 4015 | + | (c) The Roberta B. Willis Scholarship need and merit-based grant 1343 |
|---|
| 4016 | + | shall be available to any eligible student at any public or independent 1344 |
|---|
| 4017 | + | institution of higher education. The Office of Higher Education shall 1345 |
|---|
| 4018 | + | determine qualification for financial need based on family contribution 1346 |
|---|
| 4019 | + | prior to July 1, 2024, and, on and after July 1, 2024, based on student aid 1347 |
|---|
| 4020 | + | index and qualification for merit based on either previous high school 1348 |
|---|
| 4021 | + | academic achievement or performance on standardized academic 1349 |
|---|
| 4022 | + | aptitude tests. The Office of Higher Education shall make awards 1350 |
|---|
| 4023 | + | according to a sliding scale, annually determined by said office, up to a 1351 |
|---|
| 4024 | + | Bill No. |
|---|
| 4025 | + | |
|---|
| 4026 | + | |
|---|
| 4027 | + | |
|---|
| 4028 | + | LCO No. 5697 84 of 350 |
|---|
| 4029 | + | |
|---|
| 4030 | + | maximum family contribution or student aid index and based on 1352 |
|---|
| 4031 | + | available funds and the number of eligible students who qualify for an 1353 |
|---|
| 4032 | + | award. The Roberta B. Willis Scholarship need and merit-based grant 1354 |
|---|
| 4033 | + | shall be awarded in a higher amount than the need-based grant 1355 |
|---|
| 4034 | + | awarded pursuant to subsection (d) of this section, except for the 1356 |
|---|
| 4035 | + | academic year commencing July 1, 2024. Recipients of the need and 1357 |
|---|
| 4036 | + | merit-based grant shall not be eligible to receive an additional need-1358 |
|---|
| 4037 | + | based award. The order of institutions of higher education provided by 1359 |
|---|
| 4038 | + | an eligible student on such student's Free Application for Federal 1360 |
|---|
| 4039 | + | Student Aid shall not affect the student's qualification for an award 1361 |
|---|
| 4040 | + | under this subsection. The institution of higher education in which an 1362 |
|---|
| 4041 | + | eligible student enrolls shall disburse sums awarded under the need and 1363 |
|---|
| 4042 | + | merit-based grant for payment of such student's eligible educational 1364 |
|---|
| 4043 | + | costs. 1365 |
|---|
| 4044 | + | (d) The Roberta B. Willis Scholarship need-based grant shall be 1366 |
|---|
| 4045 | + | available to any eligible student at any public or independent institution 1367 |
|---|
| 4046 | + | of higher education. The amount of the annual funds to be allocated to 1368 |
|---|
| 4047 | + | each institution of higher education shall be determined by its actual 1369 |
|---|
| 4048 | + | full-time equivalent enrollment of eligible students with a family 1370 |
|---|
| 4049 | + | contribution or student aid index during the fall semester of the fiscal 1371 |
|---|
| 4050 | + | year two years prior to the grant year of an amount not greater than two 1372 |
|---|
| 4051 | + | hundred per cent of the maximum family contribution or student aid 1373 |
|---|
| 4052 | + | index eligible for a federal Pell grant award for the academic year one 1374 |
|---|
| 4053 | + | year prior to the grant year. Not later than July first, annually, each 1375 |
|---|
| 4054 | + | institution of higher education shall report such enrollment data to the 1376 |
|---|
| 4055 | + | Office of Higher Education. Not later than October first, annually, the 1377 |
|---|
| 4056 | + | Office of Higher Education shall (1) publish such enrollment data on its 1378 |
|---|
| 4057 | + | Internet web site, (2) notify each institution of higher education of the 1379 |
|---|
| 4058 | + | proportion of the annual funds that such institution of higher education 1380 |
|---|
| 4059 | + | will receive the following fiscal year, and (3) publish the proportions for 1381 |
|---|
| 4060 | + | each institution of higher education on its Internet web site. 1382 |
|---|
| 4061 | + | Participating institutions of higher education shall make awards (A) to 1383 |
|---|
| 4062 | + | eligible full-time students in an amount up to four thousand five 1384 |
|---|
| 4063 | + | Bill No. |
|---|
| 4064 | + | |
|---|
| 4065 | + | |
|---|
| 4066 | + | |
|---|
| 4067 | + | LCO No. 5697 85 of 350 |
|---|
| 4068 | + | |
|---|
| 4069 | + | hundred dollars, and (B) to eligible part-time students in an amount that 1385 |
|---|
| 4070 | + | is prorated according to the number of credits each student will earn for 1386 |
|---|
| 4071 | + | completing the course or courses in which such student is enrolled, such 1387 |
|---|
| 4072 | + | that a student enrolled in a course or courses earning (i) at least nine but 1388 |
|---|
| 4073 | + | less than twelve credits is eligible for up to seventy-five per cent of the 1389 |
|---|
| 4074 | + | maximum award, and (ii) at least six but less than nine credits is eligible 1390 |
|---|
| 4075 | + | for up to fifty per cent of the maximum award. Each participating 1391 |
|---|
| 4076 | + | institution of higher education shall expend all of the moneys received 1392 |
|---|
| 4077 | + | under the Roberta B. Willis Scholarship program as direct financial 1393 |
|---|
| 4078 | + | assistance only for eligible educational costs. 1394 |
|---|
| 4079 | + | (e) Participating institutions of higher education shall annually 1395 |
|---|
| 4080 | + | provide the Office of Higher Education with data and reports on all 1396 |
|---|
| 4081 | + | eligible students who applied for financial aid, including, but not 1397 |
|---|
| 4082 | + | limited to, students receiving a Roberta B. Willis Scholarship grant, in a 1398 |
|---|
| 4083 | + | form and at a time determined by said office. If an institution of higher 1399 |
|---|
| 4084 | + | education fails to submit information to the Office of Higher Education 1400 |
|---|
| 4085 | + | as directed, such institution shall be prohibited from participating in the 1401 |
|---|
| 4086 | + | scholarship program in the fiscal year following the fiscal year in which 1402 |
|---|
| 4087 | + | such institution failed to submit such information. Each participating 1403 |
|---|
| 4088 | + | institution of higher education shall maintain, for a period of not less 1404 |
|---|
| 4089 | + | than three years, records substantiating the reported number of eligible 1405 |
|---|
| 4090 | + | students and documentation utilized by the institution of higher 1406 |
|---|
| 4091 | + | education in determining qualification of the student grant recipients. 1407 |
|---|
| 4092 | + | Such records shall be subject to audit or review. For the academic year 1408 |
|---|
| 4093 | + | commencing July 1, 2024, the Office of Higher Education shall (1) not 1409 |
|---|
| 4094 | + | require participating institutions of higher education to reduce the 1410 |
|---|
| 4095 | + | amount of a need-based grant awarded to an eligible student based on 1411 |
|---|
| 4096 | + | the initial qualifications determined from such student's Free 1412 |
|---|
| 4097 | + | Application for Federal Student Aid, even if the United States 1413 |
|---|
| 4098 | + | Department of Education subsequently revises such qualifications, and 1414 |
|---|
| 4099 | + | (2) deem a participating institution of higher education to be in 1415 |
|---|
| 4100 | + | compliance with this section if such initial qualifications qualified an 1416 |
|---|
| 4101 | + | eligible student for the need-based grant that such student was 1417 |
|---|
| 4102 | + | Bill No. |
|---|
| 4103 | + | |
|---|
| 4104 | + | |
|---|
| 4105 | + | |
|---|
| 4106 | + | LCO No. 5697 86 of 350 |
|---|
| 4107 | + | |
|---|
| 4108 | + | awarded. Funds not obligated by an institution of higher education shall 1418 |
|---|
| 4109 | + | be returned by May first in the fiscal year the grant was made to the 1419 |
|---|
| 4110 | + | Office of Higher Education for reallocation. Financial aid provided to 1420 |
|---|
| 4111 | + | eligible students under this program shall be designated as a grant from 1421 |
|---|
| 4112 | + | the Roberta B. Willis Scholarship program. 1422 |
|---|
| 4113 | + | Sec. 54. Subsection (d) of section 22a-202 of the 2024 supplement to 1423 |
|---|
| 4114 | + | the general statutes is repealed and the following is substituted in lieu 1424 |
|---|
| 4115 | + | thereof (Effective from passage): 1425 |
|---|
| 4116 | + | (d) On and after July 1, 2022, the Commissioner of Energy and 1426 |
|---|
| 4117 | + | Environmental Protection shall establish and administer a program to 1427 |
|---|
| 4118 | + | provide rebates or vouchers to residents, municipalities, businesses, 1428 |
|---|
| 4119 | + | nonprofit organizations and tribal entities located in this state when 1429 |
|---|
| 4120 | + | such residents, municipalities, businesses, organizations or tribal 1430 |
|---|
| 4121 | + | entities purchase or lease a new or used battery electric vehicle, plug-in 1431 |
|---|
| 4122 | + | hybrid electric vehicle or fuel cell electric vehicle. The commissioner, in 1432 |
|---|
| 4123 | + | consultation with the advisory board, shall establish and revise, as 1433 |
|---|
| 4124 | + | necessary, appropriate rebate levels, voucher amounts and maximum 1434 |
|---|
| 4125 | + | income eligibility for such rebates or vouchers. The commissioner shall 1435 |
|---|
| 4126 | + | prioritize the granting of rebates or vouchers to residents of 1436 |
|---|
| 4127 | + | environmental justice communities, residents having household 1437 |
|---|
| 4128 | + | incomes at or below three hundred per cent of the federal poverty level 1438 |
|---|
| 4129 | + | and residents who participate in state and federal assistance programs, 1439 |
|---|
| 4130 | + | including, but not limited to, the state-administered federal 1440 |
|---|
| 4131 | + | Supplemental Nutrition Assistance Program, state-administered federal 1441 |
|---|
| 4132 | + | Low Income Home Energy Assistance Program, a Head Start program 1442 |
|---|
| 4133 | + | established pursuant to section 10-16n or assistance provided by 1443 |
|---|
| 4134 | + | Operation Fuel, Incorporated. Any such rebate or voucher awarded to a 1444 |
|---|
| 4135 | + | resident of an environmental justice community shall be in an amount 1445 |
|---|
| 4136 | + | [up to one] not less than two hundred per cent more than the standard 1446 |
|---|
| 4137 | + | rebate level or voucher amount. An eligible municipality, business, 1447 |
|---|
| 4138 | + | nonprofit organization or tribal entity may receive not more than ten 1448 |
|---|
| 4139 | + | rebates or vouchers a year, within available funds, and not more than a 1449 |
|---|
| 4140 | + | total of twenty rebates or vouchers, except the commissioner may issue 1450 |
|---|
| 4141 | + | Bill No. |
|---|
| 4142 | + | |
|---|
| 4143 | + | |
|---|
| 4144 | + | |
|---|
| 4145 | + | LCO No. 5697 87 of 350 |
|---|
| 4146 | + | |
|---|
| 4147 | + | additional rebates or vouchers to an eligible business or nonprofit 1451 |
|---|
| 4148 | + | organization that operates a fleet of motor vehicles exclusively in an 1452 |
|---|
| 4149 | + | environmental justice community. On and after July 1, 2022, and until 1453 |
|---|
| 4150 | + | June 30, 2027, inclusive, a battery electric vehicle, plug-in hybrid electric 1454 |
|---|
| 4151 | + | vehicle or fuel cell electric vehicle that is eligible for a rebate or voucher 1455 |
|---|
| 4152 | + | under the program shall have a base manufacturer's suggested retail 1456 |
|---|
| 4153 | + | price of not more than fifty thousand dollars. 1457 |
|---|
| 4154 | + | Sec. 55. Subsection (e) of section 22a-200c of the general statutes is 1458 |
|---|
| 4155 | + | repealed and the following is substituted in lieu thereof (Effective from 1459 |
|---|
| 4156 | + | passage): 1460 |
|---|
| 4157 | + | (e) Beginning with the first auction occurring on or after January 1, 1461 |
|---|
| 4158 | + | 2023, and notwithstanding the provisions of subsection (a) of this 1462 |
|---|
| 4159 | + | section and subdivision (6) of subsection (f) of section 22a-174-31 of the 1463 |
|---|
| 4160 | + | regulations of Connecticut state agencies, auction proceeds annually 1464 |
|---|
| 4161 | + | calculated and allocated in accordance with subdivision (6) of 1465 |
|---|
| 4162 | + | subsection (f) of section 22a-174-31 of the regulations of Connecticut 1466 |
|---|
| 4163 | + | state agencies to the Connecticut Green Bank may be utilized by the 1467 |
|---|
| 4164 | + | Connecticut Green Bank, in consultation with the Department of Energy 1468 |
|---|
| 4165 | + | and Environmental Protection, for clean energy resources that do not 1469 |
|---|
| 4166 | + | emit greenhouse gas emissions, provided that any proceeds calculated 1470 |
|---|
| 4167 | + | and allocated to the Connecticut Green Bank in excess of five million 1471 |
|---|
| 4168 | + | two hundred thousand dollars in any fiscal year shall be diverted for the 1472 |
|---|
| 4169 | + | fiscal year ending June 30, 2024, and each fiscal year thereafter, to the 1473 |
|---|
| 4170 | + | department to provide funding for the Connecticut [hydrogen and 1474 |
|---|
| 4171 | + | electric automobile purchase rebate program account] Hydrogen and 1475 |
|---|
| 4172 | + | Electric Automobile Purchase Rebate program established pursuant to 1476 |
|---|
| 4173 | + | [subsection (h) of] section 22a-202 and other programs established to 1477 |
|---|
| 4174 | + | support the department's engagement with environmental justice 1478 |
|---|
| 4175 | + | communities. For the purposes of this subsection, "clean energy" has the 1479 |
|---|
| 4176 | + | same meaning as provided in section 16-245n and "environmental 1480 |
|---|
| 4177 | + | justice community" has the same meaning as provided in section 22a-1481 |
|---|
| 4178 | + | 20a. 1482 |
|---|
| 4179 | + | Bill No. |
|---|
| 4180 | + | |
|---|
| 4181 | + | |
|---|
| 4182 | + | |
|---|
| 4183 | + | LCO No. 5697 88 of 350 |
|---|
| 4184 | + | |
|---|
| 4185 | + | Sec. 56. Subsection (b) of section 32-9p of the general statutes is 1483 |
|---|
| 4186 | + | repealed and the following is substituted in lieu thereof (Effective October 1484 |
|---|
| 4187 | + | 1, 2024): 1485 |
|---|
| 4188 | + | (b) "Distressed municipality" means, as of the date of the issuance of 1486 |
|---|
| 4189 | + | an eligibility certificate, any municipality in the state which, according 1487 |
|---|
| 4190 | + | to the United States Department of Housing and Urban Development 1488 |
|---|
| 4191 | + | meets the necessary number of quantitative physical and economic 1489 |
|---|
| 4192 | + | distress thresholds which are then applicable for eligibility for the urban 1490 |
|---|
| 4193 | + | development action grant program under the Housing and Community 1491 |
|---|
| 4194 | + | Development Act of 1977, as amended, or any town within which is 1492 |
|---|
| 4195 | + | located an unconsolidated city or borough which meets such distress 1493 |
|---|
| 4196 | + | thresholds. Any municipality which, at any time subsequent to July 1, 1494 |
|---|
| 4197 | + | 1978, has met such thresholds but which at any time thereafter fails to 1495 |
|---|
| 4198 | + | meet such thresholds, according to said department, shall be deemed to 1496 |
|---|
| 4199 | + | be a distressed municipality for a period of five years subsequent to the 1497 |
|---|
| 4200 | + | date of the determination that such municipality fails to meet such 1498 |
|---|
| 4201 | + | thresholds, [unless such] except that any municipality [elects] with a 1499 |
|---|
| 4202 | + | population that was more than one hundred thousand as of the most 1500 |
|---|
| 4203 | + | recent United States census at the time of such determination shall be 1501 |
|---|
| 4204 | + | deemed to be a distressed municipality for a period of ten years 1502 |
|---|
| 4205 | + | subsequent to the date of such determination. Any distressed 1503 |
|---|
| 4206 | + | municipality that fails to meet the distress thresholds may elect to 1504 |
|---|
| 4207 | + | terminate its designation as a distressed municipality, by vote of its 1505 |
|---|
| 4208 | + | legislative body, not later than September 1, 1985, or not later than three 1506 |
|---|
| 4209 | + | months after receiving notification from the commissioner that it no 1507 |
|---|
| 4210 | + | longer meets such thresholds, whichever is later. In the event a 1508 |
|---|
| 4211 | + | distressed municipality elects to terminate its designation, the 1509 |
|---|
| 4212 | + | municipality shall notify the commissioner and the Secretary of the 1510 |
|---|
| 4213 | + | Office of Policy and Management in writing within thirty days. In the 1511 |
|---|
| 4214 | + | event that the commissioner determines that amendatory federal 1512 |
|---|
| 4215 | + | legislation or administrative regulation has materially changed the 1513 |
|---|
| 4216 | + | distress thresholds thereby established, "distressed municipality" means 1514 |
|---|
| 4217 | + | any municipality in the state which meets comparable thresholds of 1515 |
|---|
| 4218 | + | Bill No. |
|---|
| 4219 | + | |
|---|
| 4220 | + | |
|---|
| 4221 | + | |
|---|
| 4222 | + | LCO No. 5697 89 of 350 |
|---|
| 4223 | + | |
|---|
| 4224 | + | distress which are then applicable in the areas of high unemployment 1516 |
|---|
| 4225 | + | and poverty, aging housing stock and low or declining rates of growth 1517 |
|---|
| 4226 | + | in job creation, population and per capita income as established by the 1518 |
|---|
| 4227 | + | commissioner, consistent with the purposes of subdivisions (59) and 1519 |
|---|
| 4228 | + | (60) of section 12-81 and sections 12-217e, 32-9p to 32-9s, inclusive, and 1520 |
|---|
| 4229 | + | 32-23p, in regulations adopted in accordance with chapter 54. For 1521 |
|---|
| 4230 | + | purposes of sections 32-9p to 32-9s, inclusive, "distressed municipality" 1522 |
|---|
| 4231 | + | also means any municipality adversely impacted by a major plant 1523 |
|---|
| 4232 | + | closing, relocation or layoff, provided the eligibility of a municipality 1524 |
|---|
| 4233 | + | shall not exceed two years from the date of such closing, relocation or 1525 |
|---|
| 4234 | + | layoff. The Commissioner of Economic and Community Development 1526 |
|---|
| 4235 | + | shall adopt regulations, in accordance with the provisions of chapter 54, 1527 |
|---|
| 4236 | + | which define what constitutes a "major plant closing, relocation or 1528 |
|---|
| 4237 | + | layoff" for purposes of sections 32-9p to 32-9s, inclusive. "Distressed 1529 |
|---|
| 4238 | + | municipality" also means the portion of any municipality which is 1530 |
|---|
| 4239 | + | eligible for designation as an enterprise zone pursuant to subdivision 1531 |
|---|
| 4240 | + | (2) of subsection (b) of section 32-70. 1532 |
|---|
| 4241 | + | Sec. 57. (NEW) (Effective October 1, 2024) A municipality may adopt 1533 |
|---|
| 4242 | + | an ordinance requiring that each person who files an application to 1534 |
|---|
| 4243 | + | renew a license pursuant to section 12-287 of the general statutes shall 1535 |
|---|
| 4244 | + | simultaneously give written notice of such renewal application to the 1536 |
|---|
| 4245 | + | chief law enforcement official, or such chief law enforcement official's 1537 |
|---|
| 4246 | + | designee, of the town in which any place of business to be operated 1538 |
|---|
| 4247 | + | under such license is located. Such chief law enforcement official, or 1539 |
|---|
| 4248 | + | such chief law enforcement official's designee, may respond in writing, 1540 |
|---|
| 4249 | + | not later than fifteen days after receipt of such notice, to the 1541 |
|---|
| 4250 | + | Commissioner of Revenue Services, with comments regarding the 1542 |
|---|
| 4251 | + | renewal application that is the subject of such notice. The commissioner 1543 |
|---|
| 4252 | + | shall consider any written comments offered by such chief law 1544 |
|---|
| 4253 | + | enforcement official, or such chief law enforcement official's designee, 1545 |
|---|
| 4254 | + | prior to approving such application. 1546 |
|---|
| 4255 | + | Sec. 58. (Effective October 1, 2024) Not later than January 1, 2026, the 1547 |
|---|
| 4256 | + | Commissioner of Revenue Services shall submit a report, in accordance 1548 |
|---|
| 4257 | + | Bill No. |
|---|
| 4258 | + | |
|---|
| 4259 | + | |
|---|
| 4260 | + | |
|---|
| 4261 | + | LCO No. 5697 90 of 350 |
|---|
| 4262 | + | |
|---|
| 4263 | + | with section 11-4a of the general statutes, to the joint standing 1549 |
|---|
| 4264 | + | committees of the General Assembly having cognizance of matters 1550 |
|---|
| 4265 | + | relating to planning and development, finance, revenue and bonding 1551 |
|---|
| 4266 | + | and public safety and security. Such report shall include, but not be 1552 |
|---|
| 4267 | + | limited to: (1) The number of written comments submitted by chief law 1553 |
|---|
| 4268 | + | enforcement officials, or such chief law enforcement officials' designees, 1554 |
|---|
| 4269 | + | under section 57 of this act, (2) copies of such written comments, if any, 1555 |
|---|
| 4270 | + | (3) a summary of the actions taken by the Department of Revenue 1556 |
|---|
| 4271 | + | Services regarding the granting or denial of a license renewal 1557 |
|---|
| 4272 | + | application pursuant to section 12-287 of the general statutes for which 1558 |
|---|
| 4273 | + | comments were received under section 57 of this act, and (4) the 1559 |
|---|
| 4274 | + | commissioner's conclusions and recommendations, after consultation 1560 |
|---|
| 4275 | + | with such chief law enforcement officials or such chief law enforcement 1561 |
|---|
| 4276 | + | officials' designees, regarding the notice requirement contained in 1562 |
|---|
| 4277 | + | section 57 of this act. 1563 |
|---|
| 4278 | + | Sec. 59. Section 12-287 of the general statutes is repealed and the 1564 |
|---|
| 4279 | + | following is substituted in lieu thereof (Effective October 1, 2024): 1565 |
|---|
| 4280 | + | (a) Each person engaging in, or intending to engage in, the business 1566 |
|---|
| 4281 | + | of selling cigarettes in this state as a dealer, and each person engaging 1567 |
|---|
| 4282 | + | in or intending to engage in, the business of selling taxed tobacco 1568 |
|---|
| 4283 | + | products at retail, shall secure a dealer's license from the Commissioner 1569 |
|---|
| 4284 | + | of Revenue Services before engaging in such business or continuing to 1570 |
|---|
| 4285 | + | engage therein. The department shall not issue an initial license to an 1571 |
|---|
| 4286 | + | applicant until such applicant has complied with the provisions of 1572 |
|---|
| 4287 | + | subsection (b) of this section. Subject to the provisions of section 12-286, 1573 |
|---|
| 4288 | + | such license shall be renewable annually, provided that prior to renewal 1574 |
|---|
| 4289 | + | the commissioner shall consider any comments received pursuant to 1575 |
|---|
| 4290 | + | section 57 of this act. 1576 |
|---|
| 4291 | + | (b) (1) Upon filing an application, an applicant shall, in a form and 1577 |
|---|
| 4292 | + | manner prescribed by the department, give notice of such application to 1578 |
|---|
| 4293 | + | the clerk of the municipality where the business is to be located. Such 1579 |
|---|
| 4294 | + | notice shall contain the name and residential address of the applicant 1580 |
|---|
| 4295 | + | Bill No. |
|---|
| 4296 | + | |
|---|
| 4297 | + | |
|---|
| 4298 | + | |
|---|
| 4299 | + | LCO No. 5697 91 of 350 |
|---|
| 4300 | + | |
|---|
| 4301 | + | and the location of the place of business for which such license is to be 1581 |
|---|
| 4302 | + | issued. Upon receipt of such notice, the clerk shall post and maintain 1582 |
|---|
| 4303 | + | such notice on the Internet web site of the municipality for at least two 1583 |
|---|
| 4304 | + | weeks. 1584 |
|---|
| 4305 | + | (2) Not later than the day following the date an applicant provides 1585 |
|---|
| 4306 | + | notice pursuant to subdivision (1) of this subsection, the applicant shall 1586 |
|---|
| 4307 | + | affix a copy of such notice, which shall be maintained in a legible 1587 |
|---|
| 4308 | + | condition, upon the outer door of the building wherein such place of 1588 |
|---|
| 4309 | + | business is to be located. If an application is filed for a license for a 1589 |
|---|
| 4310 | + | building that has not yet been constructed, the applicant shall, not later 1590 |
|---|
| 4311 | + | than the day following the date an applicant provides notice pursuant 1591 |
|---|
| 4312 | + | to subdivision (1) of this subsection, erect and maintain in a legible 1592 |
|---|
| 4313 | + | condition on the site where the business is to be located, a sign that (A) 1593 |
|---|
| 4314 | + | is not less than six feet by four feet, (B) contains the license applied for 1594 |
|---|
| 4315 | + | and the name of the proposed licensee, and (C) is clearly visible from 1595 |
|---|
| 4316 | + | the public highway. 1596 |
|---|
| 4317 | + | (3) An applicant shall make a return to the department, under oath, 1597 |
|---|
| 4318 | + | of compliance with the requirements of subdivisions (1) and (2) of this 1598 |
|---|
| 4319 | + | subsection, in such form as the department may require. The 1599 |
|---|
| 4320 | + | department may require additional proof of compliance. Upon receipt 1600 |
|---|
| 4321 | + | of sufficient evidence of such compliance, the department may hold a 1601 |
|---|
| 4322 | + | hearing as to the suitability of the proposed location. 1602 |
|---|
| 4323 | + | (c) (1) Any ten persons who are at least eighteen years of age and who 1603 |
|---|
| 4324 | + | are residents of the town in which the place of business is intended to 1604 |
|---|
| 4325 | + | be operated under the license or renewal applied for, may file with the 1605 |
|---|
| 4326 | + | department, not later than three weeks after the last date of the posting 1606 |
|---|
| 4327 | + | of notice pursuant to subdivision (1) of subsection (b) of this section for 1607 |
|---|
| 4328 | + | an initial license, and, in the case of renewal of an existing license, at 1608 |
|---|
| 4329 | + | least twenty-one days before the renewal date of such license, a 1609 |
|---|
| 4330 | + | remonstrance containing any objection to the suitability of such 1610 |
|---|
| 4331 | + | applicant or proposed place of business, provided any such issue is not 1611 |
|---|
| 4332 | + | controlled by local zoning. Upon the filing of such remonstrance, the 1612 |
|---|
| 4333 | + | Bill No. |
|---|
| 4334 | + | |
|---|
| 4335 | + | |
|---|
| 4336 | + | |
|---|
| 4337 | + | LCO No. 5697 92 of 350 |
|---|
| 4338 | + | |
|---|
| 4339 | + | department, upon written application, shall hold a hearing and provide 1613 |
|---|
| 4340 | + | such notice as it deems reasonable of the time and place at least five days 1614 |
|---|
| 4341 | + | before such hearing. The remonstrants shall designate one or more 1615 |
|---|
| 4342 | + | agents for service, who shall serve as the recipient or recipients of all 1616 |
|---|
| 4343 | + | notices issued by the department. At any time prior to the issuance of a 1617 |
|---|
| 4344 | + | decision by the department, a remonstrance may be withdrawn by the 1618 |
|---|
| 4345 | + | remonstrants or by such agent or agents acting on behalf of such 1619 |
|---|
| 4346 | + | remonstrants and the department may cancel the hearing or withdraw 1620 |
|---|
| 4347 | + | the case. The decision of the department on such application shall be 1621 |
|---|
| 4348 | + | final with respect to the remonstrance. 1622 |
|---|
| 4349 | + | (2) Any ten persons who have filed a remonstrance pursuant to the 1623 |
|---|
| 4350 | + | provisions of subdivision (1) of this subsection and who are aggrieved 1624 |
|---|
| 4351 | + | by the granting of a license by the department may appeal therefrom in 1625 |
|---|
| 4352 | + | accordance with section 4-183. 1626 |
|---|
| 4353 | + | (d) The annual fee for a dealer's license shall be two hundred dollars. 1627 |
|---|
| 4354 | + | Such license shall be valid for a period beginning with the date of license 1628 |
|---|
| 4355 | + | to the thirtieth day of September next succeeding the date of license 1629 |
|---|
| 4356 | + | unless sooner revoked as provided in section 12-295, or unless the 1630 |
|---|
| 4357 | + | person to whom it was issued discontinues business, in either of which 1631 |
|---|
| 4358 | + | cases the holder of the license shall immediately return it to the 1632 |
|---|
| 4359 | + | commissioner. In the event of mutilation or destruction of such license, 1633 |
|---|
| 4360 | + | a duplicate copy, marked as such, shall be issued by said commissioner 1634 |
|---|
| 4361 | + | upon an application accompanied by a fee of fifteen dollars. 1635 |
|---|
| 4362 | + | Sec. 60. (Effective from passage) On and after January 1, 2026, the 1636 |
|---|
| 4363 | + | detention center located on Union Avenue in New Haven shall be under 1637 |
|---|
| 4364 | + | the jurisdiction of a state agency as determined by the Secretary of the 1638 |
|---|
| 4365 | + | Office of Policy and Management. 1639 |
|---|
| 4366 | + | Sec. 61. (NEW) (Effective from passage) (a) As used in this section, "local 1640 |
|---|
| 4367 | + | educational agency" or "LEA" has the same meaning as provided in 20 1641 |
|---|
| 4368 | + | USC 1401, as amended from time to time. 1642 |
|---|
| 4369 | + | (b) To the extent permissible under federal law, and subject to federal 1643 |
|---|
| 4370 | + | Bill No. |
|---|
| 4371 | + | |
|---|
| 4372 | + | |
|---|
| 4373 | + | |
|---|
| 4374 | + | LCO No. 5697 93 of 350 |
|---|
| 4375 | + | |
|---|
| 4376 | + | approval and within available funding specifically appropriated for this 1644 |
|---|
| 4377 | + | purpose, the Commissioner of Social Services, in consultation with the 1645 |
|---|
| 4378 | + | Commissioner of Education, shall seek federal approval to amend the 1646 |
|---|
| 4379 | + | Medicaid state plan to expand Medicaid coverage for health services 1647 |
|---|
| 4380 | + | provided by or on behalf of a local educational agency to any student 1648 |
|---|
| 4381 | + | who is enrolled in Medicaid regardless of whether such student 1649 |
|---|
| 4382 | + | qualifies for services under Part B of the Individuals with Disabilities 1650 |
|---|
| 4383 | + | Education Act, 20 USC 1400 et seq., or section 504 of the Rehabilitation 1651 |
|---|
| 4384 | + | Act, as each is amended from time to time. The commissioner shall 1652 |
|---|
| 4385 | + | submit such Medicaid state plan amendment not later than October 1, 1653 |
|---|
| 4386 | + | 2025. 1654 |
|---|
| 4387 | + | (c) To the extent permissible under federal law, and subject to federal 1655 |
|---|
| 4388 | + | approval and within available appropriations, a local educational 1656 |
|---|
| 4389 | + | agency shall be authorized by the Commissioner of Social Services to 1657 |
|---|
| 4390 | + | submit Medicaid claims for each student who is eligible for Medicaid 1658 |
|---|
| 4391 | + | and is receiving Medicaid-covered school-based services unless such 1659 |
|---|
| 4392 | + | student's parent or legal guardian opts out of authorizing the local 1660 |
|---|
| 4393 | + | educational agency from billing Medicaid for services provided for the 1661 |
|---|
| 4394 | + | student. 1662 |
|---|
| 4395 | + | (d) The Commissioner of Social Services, in consultation with the 1663 |
|---|
| 4396 | + | Commissioner of Education, shall issue written guidance regarding 1664 |
|---|
| 4397 | + | health care services eligible for Medicaid reimbursement to be 1665 |
|---|
| 4398 | + | disseminated to each local or regional board of education. 1666 |
|---|
| 4399 | + | (e) Not later than January first annually, the Commissioner of Social 1667 |
|---|
| 4400 | + | Services, in consultation with the Commissioner of Education, shall file 1668 |
|---|
| 4401 | + | a report, in accordance with the provisions of section 11-4a of the general 1669 |
|---|
| 4402 | + | statutes, on Medicaid reimbursement for school-based health care 1670 |
|---|
| 4403 | + | services with the joint standing committees of the General Assembly 1671 |
|---|
| 4404 | + | having cognizance of matters relating to appropriations, children, 1672 |
|---|
| 4405 | + | education and human services. The report shall include 1673 |
|---|
| 4406 | + | recommendations on expanding Medicaid health care services provided 1674 |
|---|
| 4407 | + | in schools. 1675 |
|---|
| 4408 | + | Bill No. |
|---|
| 4409 | + | |
|---|
| 4410 | + | |
|---|
| 4411 | + | |
|---|
| 4412 | + | LCO No. 5697 94 of 350 |
|---|
| 4413 | + | |
|---|
| 4414 | + | Sec. 62. (NEW) (Effective July 1, 2024) To the extent permissible under 1676 |
|---|
| 4415 | + | federal law, and subject to federal approval and within available 1677 |
|---|
| 4416 | + | funding specifically appropriated for this purpose, the Commissioner of 1678 |
|---|
| 4417 | + | Social Services shall amend the Medicaid state plan to provide Medicaid 1679 |
|---|
| 4418 | + | coverage for health care services provided to an eligible student 1680 |
|---|
| 4419 | + | enrolled in Medicaid in the office of a school nurse. The amendment 1681 |
|---|
| 4420 | + | may be part of the Medicaid state plan amendment submitted pursuant 1682 |
|---|
| 4421 | + | to section 61 of this act. 1683 |
|---|
| 4422 | + | Sec. 63. (NEW) (Effective from passage) (a) There is established an 1684 |
|---|
| 4423 | + | interagency coalition to coordinate and make recommendations 1685 |
|---|
| 4424 | + | concerning maximizing federal funding for Medicaid-eligible health 1686 |
|---|
| 4425 | + | care services in public schools in the state. 1687 |
|---|
| 4426 | + | (b) The coalition shall convene not later than sixty days after the 1688 |
|---|
| 4427 | + | effective date of this section and shall meet at least quarterly. The 1689 |
|---|
| 4428 | + | coalition shall consist of: 1690 |
|---|
| 4429 | + | (1) The Commissioner of Education, or the commissioner's designee; 1691 |
|---|
| 4430 | + | (2) The Commissioner of Social Services, or the commissioner's 1692 |
|---|
| 4431 | + | designee; and 1693 |
|---|
| 4432 | + | (3) The Secretary of the Office of Policy and Management, or the 1694 |
|---|
| 4433 | + | secretary's designee. 1695 |
|---|
| 4434 | + | (c) Not later than January first annually, the coalition shall file a 1696 |
|---|
| 4435 | + | report, in accordance with the provisions of section 11-4a of the general 1697 |
|---|
| 4436 | + | statutes, with the joint standing committees of the General Assembly 1698 |
|---|
| 4437 | + | having cognizance of matters relating to appropriations, children, 1699 |
|---|
| 4438 | + | education and human services. The report shall include, but need not be 1700 |
|---|
| 4439 | + | limited to: (1) The number of school children receiving Medicaid-1701 |
|---|
| 4440 | + | covered health care services in the prior school year and any increase or 1702 |
|---|
| 4441 | + | decrease in the percentage of such students per total student enrollment; 1703 |
|---|
| 4442 | + | (2) steps taken to expand Medicaid coverage of student health care 1704 |
|---|
| 4443 | + | services, including, but not limited to, any Medicaid waivers or state 1705 |
|---|
| 4444 | + | Bill No. |
|---|
| 4445 | + | |
|---|
| 4446 | + | |
|---|
| 4447 | + | |
|---|
| 4448 | + | LCO No. 5697 95 of 350 |
|---|
| 4449 | + | |
|---|
| 4450 | + | plan amendments; and (3) a survey of efforts in other states to expand 1706 |
|---|
| 4451 | + | Medicaid-covered health care services for students. 1707 |
|---|
| 4452 | + | Sec. 64. Section 17b-597 of the general statutes is repealed and the 1708 |
|---|
| 4453 | + | following is substituted in lieu thereof (Effective April 1, 2025): 1709 |
|---|
| 4454 | + | (a) The Department of Social Services shall establish and implement 1710 |
|---|
| 4455 | + | a working persons with disabilities program to provide medical 1711 |
|---|
| 4456 | + | assistance as authorized under 42 USC 1396a(a)(10)(A)(ii), as amended 1712 |
|---|
| 4457 | + | from time to time, to persons who are disabled and regularly employed. 1713 |
|---|
| 4458 | + | (b) The Commissioner of Social Services shall amend the Medicaid 1714 |
|---|
| 4459 | + | state plan to allow persons specified in subsection (a) of this section to 1715 |
|---|
| 4460 | + | qualify for medical assistance. The amendment shall include the 1716 |
|---|
| 4461 | + | following requirements: (1) That the person be engaged in a substantial 1717 |
|---|
| 4462 | + | and reasonable work effort as determined by the commissioner and as 1718 |
|---|
| 4463 | + | permitted by federal law and have an annual adjusted gross income, as 1719 |
|---|
| 4464 | + | defined in Section 62 of the Internal Revenue Code of 1986, or any 1720 |
|---|
| 4465 | + | subsequent corresponding internal revenue code of the United States, 1721 |
|---|
| 4466 | + | as amended from time to time, of [no] not more than [seventy-five] 1722 |
|---|
| 4467 | + | eighty-five thousand dollars per year; (2) a disregard of all countable 1723 |
|---|
| 4468 | + | income up to two hundred per cent of the federal poverty level; (3) for 1724 |
|---|
| 4469 | + | an unmarried person, an asset limit of [ten] twenty thousand dollars, 1725 |
|---|
| 4470 | + | and for a married couple, an asset limit of [fifteen] thirty thousand 1726 |
|---|
| 4471 | + | dollars; (4) a disregard of any retirement and medical savings accounts 1727 |
|---|
| 4472 | + | established pursuant to 26 USC 220 and held by either the person or the 1728 |
|---|
| 4473 | + | person's spouse; (5) a disregard of any moneys in accounts designated 1729 |
|---|
| 4474 | + | by the person or the person's spouse for the purpose of purchasing 1730 |
|---|
| 4475 | + | goods or services that will increase the employability of such person, 1731 |
|---|
| 4476 | + | subject to approval by the commissioner; (6) a disregard of spousal 1732 |
|---|
| 4477 | + | income solely for purposes of determination of eligibility; and (7) a 1733 |
|---|
| 4478 | + | contribution of any countable income of the person or the person's 1734 |
|---|
| 4479 | + | spouse which exceeds two hundred per cent of the federal poverty level, 1735 |
|---|
| 4480 | + | as adjusted for the appropriate family size, equal to ten per cent of the 1736 |
|---|
| 4481 | + | excess minus any premiums paid from income for health insurance by 1737 |
|---|
| 4482 | + | Bill No. |
|---|
| 4483 | + | |
|---|
| 4484 | + | |
|---|
| 4485 | + | |
|---|
| 4486 | + | LCO No. 5697 96 of 350 |
|---|
| 4487 | + | |
|---|
| 4488 | + | any family member, but which does not exceed the maximum 1738 |
|---|
| 4489 | + | contribution allowable under Section 201(a)(3) of Public Law 106-170, as 1739 |
|---|
| 4490 | + | amended from time to time. 1740 |
|---|
| 4491 | + | (c) Notwithstanding the provisions of subsection (b) of this section, 1741 |
|---|
| 4492 | + | on and after July 1, 2026, the commissioner shall phase in the elimination 1742 |
|---|
| 4493 | + | of income and asset limits for a participant in the program over four 1743 |
|---|
| 4494 | + | fiscal years by annually increasing (1) the income limit prescribed in 1744 |
|---|
| 4495 | + | subdivision (1) of subsection (b) of this section by ten thousand dollars, 1745 |
|---|
| 4496 | + | and (2) the asset limit prescribed in subdivision (3) of subsection (b) of 1746 |
|---|
| 4497 | + | this section by ten thousand dollars for an unmarried person and fifteen 1747 |
|---|
| 4498 | + | thousand dollars for a married couple. On and after July 1, 2029, there 1748 |
|---|
| 4499 | + | shall be no income or asset limit for eligibility for the program. 1749 |
|---|
| 4500 | + | [(c)] (d) The Commissioner of Social Services shall implement the 1750 |
|---|
| 4501 | + | policies and procedures necessary to carry out the provisions of this 1751 |
|---|
| 4502 | + | section while in the process of adopting such policies and procedures in 1752 |
|---|
| 4503 | + | regulation form, provided notice of intent to adopt the regulations is 1753 |
|---|
| 4504 | + | [published in the Connecticut Law Journal within twenty days after 1754 |
|---|
| 4505 | + | implementation] posted on the eRegulations System in accordance with 1755 |
|---|
| 4506 | + | section 17b-10. The commissioner shall define "countable income" for 1756 |
|---|
| 4507 | + | purposes of subsection (b) of this section which shall take into account 1757 |
|---|
| 4508 | + | impairment-related work expenses as defined in the Social Security Act. 1758 |
|---|
| 4509 | + | Such policies and procedures shall be valid until the time final 1759 |
|---|
| 4510 | + | regulations are effective. 1760 |
|---|
| 4511 | + | Sec. 65. (NEW) (Effective July 1, 2024) (a) There is established a Bureau 1761 |
|---|
| 4512 | + | of Services for Persons Who Are Deaf, Deafblind or Hard of Hearing 1762 |
|---|
| 4513 | + | which shall be within the Department of Aging and Disability Services. 1763 |
|---|
| 4514 | + | (b) The Commissioner of Aging and Disability Services, in 1764 |
|---|
| 4515 | + | consultation with the Advisory Board for Persons who are Deaf, 1765 |
|---|
| 4516 | + | Deafblind or Hard of Hearing established pursuant to section 17a-836 of 1766 |
|---|
| 4517 | + | the general statutes shall, not later than October 1, 2024, hire a director 1767 |
|---|
| 4518 | + | of the bureau. The director shall (1) have professional experience in 1768 |
|---|
| 4519 | + | Bill No. |
|---|
| 4520 | + | |
|---|
| 4521 | + | |
|---|
| 4522 | + | |
|---|
| 4523 | + | LCO No. 5697 97 of 350 |
|---|
| 4524 | + | |
|---|
| 4525 | + | serving the needs of deaf, deafblind or hard of hearing persons, and (2) 1769 |
|---|
| 4526 | + | be (A) able to communicate in American Sign Language, and (B) familiar 1770 |
|---|
| 4527 | + | with effective interpretation methods to assist deafblind persons. The 1771 |
|---|
| 4528 | + | commissioner shall also hire an administrative assistant for the director. 1772 |
|---|
| 4529 | + | (c) The director shall report to the commissioner. The director's duties 1773 |
|---|
| 4530 | + | shall include, but need not be limited to: 1774 |
|---|
| 4531 | + | (1) Assisting in overseeing department employees who provide 1775 |
|---|
| 4532 | + | counseling, interpreting and other assistance to persons who are deaf, 1776 |
|---|
| 4533 | + | deafblind or hard of hearing, except for federally funded vocational 1777 |
|---|
| 4534 | + | rehabilitation employees; 1778 |
|---|
| 4535 | + | (2) Annually updating and publishing on the department's Internet 1779 |
|---|
| 4536 | + | web site and the Internet web page of the bureau established pursuant 1780 |
|---|
| 4537 | + | to subdivision (6) of this subsection a resource guide for persons who 1781 |
|---|
| 4538 | + | are deaf, deafblind or hard of hearing; 1782 |
|---|
| 4539 | + | (3) Assisting in the registration of state-registered interpreters, 1783 |
|---|
| 4540 | + | including maintaining and publishing on the Internet web page of the 1784 |
|---|
| 4541 | + | bureau and the department's Internet web site a list of such interpreters 1785 |
|---|
| 4542 | + | categorized by the settings in which they are qualified to interpret, in 1786 |
|---|
| 4543 | + | accordance with section 17a-838 of the general statutes; 1787 |
|---|
| 4544 | + | (4) Assisting each state agency, as defined in section 1-79 of the 1788 |
|---|
| 4545 | + | general statutes, in appointing an employee of each such agency to serve 1789 |
|---|
| 4546 | + | as a point of contact for concerns related to persons who are deaf, 1790 |
|---|
| 4547 | + | deafblind or hard of hearing, pursuant to section 68 of this act, and 1791 |
|---|
| 4548 | + | coordinating efforts to resolve such concerns with such employees 1792 |
|---|
| 4549 | + | serving as a point of contact; 1793 |
|---|
| 4550 | + | (5) Coordinating efforts of the Department of Aging and Disability 1794 |
|---|
| 4551 | + | Services to provide information and referral services to deaf, deafblind 1795 |
|---|
| 4552 | + | or hard of hearing persons on resources available to such persons; 1796 |
|---|
| 4553 | + | (6) Establishing a separate Internet web page on the department's 1797 |
|---|
| 4554 | + | Bill No. |
|---|
| 4555 | + | |
|---|
| 4556 | + | |
|---|
| 4557 | + | |
|---|
| 4558 | + | LCO No. 5697 98 of 350 |
|---|
| 4559 | + | |
|---|
| 4560 | + | Internet web site for the bureau and including on such web page (A) the 1798 |
|---|
| 4561 | + | meeting schedule, agendas, minutes and other resources of the 1799 |
|---|
| 4562 | + | Advisory Board for Persons Who are Deaf, Deafblind or Hard of 1800 |
|---|
| 4563 | + | Hearing established pursuant to section 17a-836 of the general statutes, 1801 |
|---|
| 4564 | + | (B) an instructional video with audio and captions on the home page on 1802 |
|---|
| 4565 | + | how persons who are deaf, deafblind or hard of hearing can navigate 1803 |
|---|
| 4566 | + | the web page, resources and tools, and (C) other material pursuant to 1804 |
|---|
| 4567 | + | this section; 1805 |
|---|
| 4568 | + | (7) Coordinating responses to consumer concerns, requests for 1806 |
|---|
| 4569 | + | assistance and referrals to resources, including from state agencies; 1807 |
|---|
| 4570 | + | (8) Coordinating education and training initiatives, including, but not 1808 |
|---|
| 4571 | + | limited to, working with (A) local and state public safety and public 1809 |
|---|
| 4572 | + | health officials and first responders on best practices for serving and 1810 |
|---|
| 4573 | + | communicating with deaf, deafblind or hard of hearing persons, and (B) 1811 |
|---|
| 4574 | + | sign language interpreters, oral interpreters and interpreters who are 1812 |
|---|
| 4575 | + | trained to interpret for deaf, deafblind or hard of hearing persons to 1813 |
|---|
| 4576 | + | maintain or enhance the skills of such interpreters in a variety of 1814 |
|---|
| 4577 | + | settings; 1815 |
|---|
| 4578 | + | (9) Collaborating with interpreting services providers and training 1816 |
|---|
| 4579 | + | organizations to increase opportunities for mentorships, internships, 1817 |
|---|
| 4580 | + | apprenticeships and specialized training in interpreting services for 1818 |
|---|
| 4581 | + | deaf, deafblind or hard of hearing persons; 1819 |
|---|
| 4582 | + | (10) Partnering with civic and community organizations serving deaf, 1820 |
|---|
| 4583 | + | deafblind or hard of hearing persons on workshops and information 1821 |
|---|
| 4584 | + | sessions regarding new laws, regulations or developments regarding 1822 |
|---|
| 4585 | + | services, programs or health care needs of such persons; 1823 |
|---|
| 4586 | + | (11) Raising public awareness of programs and services available to 1824 |
|---|
| 4587 | + | deaf, deafblind or hard of hearing persons; 1825 |
|---|
| 4588 | + | (12) Assisting the Public Utilities Regulatory Authority in 1826 |
|---|
| 4589 | + | implementing telecommunication relay service programs for deaf, 1827 |
|---|
| 4590 | + | Bill No. |
|---|
| 4591 | + | |
|---|
| 4592 | + | |
|---|
| 4593 | + | |
|---|
| 4594 | + | LCO No. 5697 99 of 350 |
|---|
| 4595 | + | |
|---|
| 4596 | + | deafblind or hard of hearing persons. In awarding any contract for such 1828 |
|---|
| 4597 | + | relay service programs, the authority shall consult with the 1829 |
|---|
| 4598 | + | Commissioner of Aging and Disability Services and the director of the 1830 |
|---|
| 4599 | + | bureau; 1831 |
|---|
| 4600 | + | (13) Working with the Governor and Connecticut television stations 1832 |
|---|
| 4601 | + | on ways to make television broadcasts more accessible to persons who 1833 |
|---|
| 4602 | + | are deaf, deafblind or hard of hearing; and 1834 |
|---|
| 4603 | + | (14) In consultation with the Advisory Board for Persons who are 1835 |
|---|
| 4604 | + | Deaf, Deafblind or Hard of Hearing established pursuant to section 17a-1836 |
|---|
| 4605 | + | 836 of the general statutes identifying the needs of deaf, deafblind or 1837 |
|---|
| 4606 | + | hard of hearing persons and addressing policy changes that may be 1838 |
|---|
| 4607 | + | necessary to better serve such persons. 1839 |
|---|
| 4608 | + | Sec. 66. Section 17a-836 of the general statutes is repealed and the 1840 |
|---|
| 4609 | + | following is substituted in lieu thereof (Effective October 1, 2024): 1841 |
|---|
| 4610 | + | The Advisory Board for Persons Who are Deaf, Deafblind or Hard of 1842 |
|---|
| 4611 | + | Hearing [or Deafblind] is hereby created to advocate, strengthen and 1843 |
|---|
| 4612 | + | advise the Governor and the General Assembly concerning state policies 1844 |
|---|
| 4613 | + | affecting persons who are deaf, deafblind or hard of hearing [or 1845 |
|---|
| 4614 | + | deafblind] and their relationship to the public, industry, health care and 1846 |
|---|
| 4615 | + | educational opportunity. The board shall: 1847 |
|---|
| 4616 | + | (1) Monitor services for persons who are deaf, deafblind or hard of 1848 |
|---|
| 4617 | + | hearing; [or deafblind;] 1849 |
|---|
| 4618 | + | (2) [Periodically meet with the] Establish an annual leadership 1850 |
|---|
| 4619 | + | roundtable meeting with the Board of Regents for Higher Education, the 1851 |
|---|
| 4620 | + | Commissioners of Aging and Disability Services, Public Health, Social 1852 |
|---|
| 4621 | + | Services, Mental Health and Addiction Services, Education, 1853 |
|---|
| 4622 | + | Developmental Services, [and] Children and Families, Early Childhood, 1854 |
|---|
| 4623 | + | Economic and Community Development, Emergency Services and 1855 |
|---|
| 4624 | + | Public Protection, Correction, Housing and the Labor Commissioner 1856 |
|---|
| 4625 | + | and executive director of the Office of Higher Education, or [the 1857 |
|---|
| 4626 | + | Bill No. |
|---|
| 4627 | + | |
|---|
| 4628 | + | |
|---|
| 4629 | + | |
|---|
| 4630 | + | LCO No. 5697 100 of 350 |
|---|
| 4631 | + | |
|---|
| 4632 | + | commissioners'] their designees, to discuss best practices [and] to serve 1858 |
|---|
| 4633 | + | persons who are deaf, deafblind or hard of hearing, identify gaps in such 1859 |
|---|
| 4634 | + | services [for persons who are deaf, hard of hearing or deafblind] and 1860 |
|---|
| 4635 | + | make recommendations to rectify such gaps; 1861 |
|---|
| 4636 | + | (3) Refer persons with complaints concerning the qualification and 1862 |
|---|
| 4637 | + | registration of interpreters for persons who are deaf, deafblind or hard 1863 |
|---|
| 4638 | + | of hearing [or deafblind] to the entity designated pursuant to section 1864 |
|---|
| 4639 | + | 46a-10b; 1865 |
|---|
| 4640 | + | (4) Make recommendations for (A) technical assistance and resources 1866 |
|---|
| 4641 | + | for state agencies in order to serve persons who are deaf, deafblind or 1867 |
|---|
| 4642 | + | hard of hearing; [or deafblind;] (B) public policy and legislative changes 1868 |
|---|
| 4643 | + | needed to address gaps in services; and (C) the qualifications and 1869 |
|---|
| 4644 | + | registration of interpreters pursuant to section 17a-838. The advisory 1870 |
|---|
| 4645 | + | board shall submit [such recommendations] a report on such 1871 |
|---|
| 4646 | + | recommendations and the activities of the Bureau of Services for 1872 |
|---|
| 4647 | + | Persons Who Are Deaf, Deafblind or Hard of Hearing in the previous 1873 |
|---|
| 4648 | + | calendar year, in accordance with section 11-4a, not later than January 1874 |
|---|
| 4649 | + | 1, 2025, and annually thereafter, to the Governor and the joint standing 1875 |
|---|
| 4650 | + | [committee] committees of the General Assembly having cognizance of 1876 |
|---|
| 4651 | + | matters relating to appropriations, aging, commerce, education, higher 1877 |
|---|
| 4652 | + | education, housing, human services, the judiciary, labor, public health 1878 |
|---|
| 4653 | + | and public safety. 1879 |
|---|
| 4654 | + | Sec. 67. Section 17a-836a of the general statutes is repealed and the 1880 |
|---|
| 4655 | + | following is substituted in lieu thereof (Effective October 1, 2024): 1881 |
|---|
| 4656 | + | (a) The Advisory Board for Persons Who are Deaf, Deafblind or Hard 1882 |
|---|
| 4657 | + | of Hearing [or Deafblind] shall consist of the following members: (1) The 1883 |
|---|
| 4658 | + | consultant appointed by the State Board of Education in accordance 1884 |
|---|
| 4659 | + | with section 10-316a, or the consultant's designee; (2) the president of 1885 |
|---|
| 4660 | + | the Connecticut Council of Organizations Serving the Deaf, or the 1886 |
|---|
| 4661 | + | president's designee; (3) the president of the Connecticut Association of 1887 |
|---|
| 4662 | + | the Deaf, or the president's designee; (4) the president of the Connecticut 1888 |
|---|
| 4663 | + | Bill No. |
|---|
| 4664 | + | |
|---|
| 4665 | + | |
|---|
| 4666 | + | |
|---|
| 4667 | + | LCO No. 5697 101 of 350 |
|---|
| 4668 | + | |
|---|
| 4669 | + | Registry of Interpreters for the Deaf, or the president's designee; (5) the 1889 |
|---|
| 4670 | + | [Commissioner of Aging and Disability Services, or the commissioner's] 1890 |
|---|
| 4671 | + | president of Hear Here Hartford, the Connecticut chapter of the Hearing 1891 |
|---|
| 4672 | + | Loss Association of America, or the president's designee; (6) the 1892 |
|---|
| 4673 | + | executive director of the American School for the Deaf, or the executive 1893 |
|---|
| 4674 | + | director's designee; (7) [the director of the Connecticut Chapter of We 1894 |
|---|
| 4675 | + | the Deaf People; and (8)] a representative of an organization 1895 |
|---|
| 4676 | + | representing Connecticut hospitals, appointed by the speaker of the 1896 |
|---|
| 4677 | + | House of Representatives; and (8) eight members appointed by the 1897 |
|---|
| 4678 | + | Governor as follows: (A) A person who is deaf; (B) a person who is hard 1898 |
|---|
| 4679 | + | of hearing; (C) a person who is deafblind; (D) an interpreting 1899 |
|---|
| 4680 | + | professional who serves deaf, deafblind or hard of hearing [or 1900 |
|---|
| 4681 | + | deafblind] persons; (E) a healthcare professional who works with 1901 |
|---|
| 4682 | + | persons who are deaf, deafblind or hard of hearing; [or deafblind;] (F) a 1902 |
|---|
| 4683 | + | parent of a student in a predominantly oral education program; (G) an 1903 |
|---|
| 4684 | + | educator who works with children who are deaf, deafblind or hard of 1904 |
|---|
| 4685 | + | hearing; [or deafblind;] and (H) a parent of a student at the American 1905 |
|---|
| 4686 | + | School for the Deaf. The members of the advisory board shall elect two 1906 |
|---|
| 4687 | + | chairpersons of the advisory board from among the members of the 1907 |
|---|
| 4688 | + | advisory board. On and after October 1, 2024, the director of the Bureau 1908 |
|---|
| 4689 | + | of Services for Persons Who Are Deaf, Deafblind or Hard of Hearing 1909 |
|---|
| 4690 | + | shall serve as administrator of the advisory board. 1910 |
|---|
| 4691 | + | (b) The advisory board shall meet at least quarterly or more often at 1911 |
|---|
| 4692 | + | the call of the chairpersons or a majority of the members. A majority of 1912 |
|---|
| 4693 | + | members in office but not less than nine voting members shall constitute 1913 |
|---|
| 4694 | + | a quorum. 1914 |
|---|
| 4695 | + | (c) Any appointed member who fails to attend three consecutive 1915 |
|---|
| 4696 | + | meetings or who fails to attend fifty per cent of all meetings held during 1916 |
|---|
| 4697 | + | any calendar year shall be deemed to have resigned. Vacancies 1917 |
|---|
| 4698 | + | occurring otherwise than by expiration of term in the membership of the 1918 |
|---|
| 4699 | + | advisory board shall be filled by the Governor or the appointing 1919 |
|---|
| 4700 | + | authority, as the case may be. 1920 |
|---|
| 4701 | + | Bill No. |
|---|
| 4702 | + | |
|---|
| 4703 | + | |
|---|
| 4704 | + | |
|---|
| 4705 | + | LCO No. 5697 102 of 350 |
|---|
| 4706 | + | |
|---|
| 4707 | + | Sec. 68. (NEW) (Effective October 1, 2024) (a) As used in this section, 1921 |
|---|
| 4708 | + | "state agency" has the same meaning as provided in section 1-79 of the 1922 |
|---|
| 4709 | + | general statutes. 1923 |
|---|
| 4710 | + | (b) Each state agency shall appoint an employee to serve as a point of 1924 |
|---|
| 4711 | + | contact for concerns related to persons who are deaf, deafblind or hard 1925 |
|---|
| 4712 | + | of hearing and require such employee to collaborate with the director of 1926 |
|---|
| 4713 | + | the Bureau of Services for Persons Who Are Deaf, Deafblind or Hard of 1927 |
|---|
| 4714 | + | Hearing, hired pursuant to section 65 of this act, to resolve such 1928 |
|---|
| 4715 | + | concerns. Each state agency shall identify the name and contact 1929 |
|---|
| 4716 | + | information of such employee in a prominent place on such agency's 1930 |
|---|
| 4717 | + | Internet web site. 1931 |
|---|
| 4718 | + | Sec. 69. Subsection (a) of section 4-61aa of the general statutes is 1932 |
|---|
| 4719 | + | repealed and the following is substituted in lieu thereof (Effective October 1933 |
|---|
| 4720 | + | 1, 2024): 1934 |
|---|
| 4721 | + | (a) For purposes of this section, "state Americans with Disabilities Act 1935 |
|---|
| 4722 | + | coordinator" means the person appointed by the Governor to coordinate 1936 |
|---|
| 4723 | + | state compliance with the federal Americans with Disabilities Act of 1937 |
|---|
| 4724 | + | 1990. There is established a committee to advise the state Americans 1938 |
|---|
| 4725 | + | with Disabilities Act coordinator. The state Americans with Disabilities 1939 |
|---|
| 4726 | + | Act coordinator shall appoint the members of the committee, which 1940 |
|---|
| 4727 | + | shall be chaired by said coordinator, or his designee, and include at least 1941 |
|---|
| 4728 | + | one representative of each of the following: 1942 |
|---|
| 4729 | + | (1) The Board of Education and Services to the Blind; 1943 |
|---|
| 4730 | + | (2) The Advisory Board for Persons Who are Deaf, Deafblind or Hard 1944 |
|---|
| 4731 | + | of Hearing; [or Deafblind;] 1945 |
|---|
| 4732 | + | (3) The Department of Aging and Disability Services; 1946 |
|---|
| 4733 | + | (4) The Department of Mental Health and Addiction Services; 1947 |
|---|
| 4734 | + | (5) The Department of Developmental Services; 1948 |
|---|
| 4735 | + | Bill No. |
|---|
| 4736 | + | |
|---|
| 4737 | + | |
|---|
| 4738 | + | |
|---|
| 4739 | + | LCO No. 5697 103 of 350 |
|---|
| 4740 | + | |
|---|
| 4741 | + | (6) The Labor Department; 1949 |
|---|
| 4742 | + | (7) The Department of Administrative Services; and 1950 |
|---|
| 4743 | + | (8) The Commission on Human Rights and Opportunities. 1951 |
|---|
| 4744 | + | Sec. 70. Section 17a-780 of the general statutes is repealed and the 1952 |
|---|
| 4745 | + | following is substituted in lieu thereof (Effective October 1, 2024): 1953 |
|---|
| 4746 | + | (a) There is created a Department of Aging and Disability Services. 1954 |
|---|
| 4747 | + | The Department of Aging and Disability Services shall be responsible 1955 |
|---|
| 4748 | + | for providing the following: (1) Services to persons who are deaf, 1956 |
|---|
| 4749 | + | deafblind or hard of hearing; (2) services for persons who are blind or 1957 |
|---|
| 4750 | + | visually impaired; (3) rehabilitation services in accordance with the 1958 |
|---|
| 4751 | + | provisions of the general statutes concerning the Department of Aging 1959 |
|---|
| 4752 | + | and Disability Services; and (4) services for older persons and their 1960 |
|---|
| 4753 | + | families. The Department of Aging and Disability Services shall 1961 |
|---|
| 4754 | + | constitute a successor authority to the Department of Rehabilitation 1962 |
|---|
| 4755 | + | Services in accordance with the provisions of sections 4-38d, 4-38e and 1963 |
|---|
| 4756 | + | 4-39. 1964 |
|---|
| 4757 | + | (b) The department head shall be the Commissioner of Aging and 1965 |
|---|
| 4758 | + | Disability Services, who shall be appointed by the Governor in 1966 |
|---|
| 4759 | + | accordance with the provisions of sections 4-5 to 4-8, inclusive, and shall 1967 |
|---|
| 4760 | + | have the powers and duties described in said sections. The 1968 |
|---|
| 4761 | + | Commissioner of Aging and Disability Services shall appoint such 1969 |
|---|
| 4762 | + | persons as may be necessary to administer the provisions of public act 1970 |
|---|
| 4763 | + | 11-44 and the Commissioner of Administrative Services shall fix the 1971 |
|---|
| 4764 | + | compensation of such persons in accordance with the provisions of 1972 |
|---|
| 4765 | + | section 4-40. The Commissioner of Aging and Disability Services may 1973 |
|---|
| 4766 | + | create such sections within the Department of Aging and Disability 1974 |
|---|
| 4767 | + | Services as will facilitate such administration, including a disability 1975 |
|---|
| 4768 | + | determinations section for which one hundred per cent federal funds 1976 |
|---|
| 4769 | + | may be accepted for the operation of such section in conformity with 1977 |
|---|
| 4770 | + | applicable state and federal regulations. The Commissioner of Aging 1978 |
|---|
| 4771 | + | and Disability Services may adopt regulations, in accordance with the 1979 |
|---|
| 4772 | + | Bill No. |
|---|
| 4773 | + | |
|---|
| 4774 | + | |
|---|
| 4775 | + | |
|---|
| 4776 | + | LCO No. 5697 104 of 350 |
|---|
| 4777 | + | |
|---|
| 4778 | + | provisions of chapter 54, to implement the purposes of the department 1980 |
|---|
| 4779 | + | as established by statute. 1981 |
|---|
| 4780 | + | (c) The Commissioner of Aging and Disability Services shall, 1982 |
|---|
| 4781 | + | annually, in accordance with section 4-60, submit to the Governor a 1983 |
|---|
| 4782 | + | report in electronic format on the activities of the Department of Aging 1984 |
|---|
| 4783 | + | and Disability Services relating to services provided by the department 1985 |
|---|
| 4784 | + | to persons who (1) are blind or visually impaired, (2) are deaf, deafblind 1986 |
|---|
| 4785 | + | or hard of hearing, (3) receive vocational rehabilitation services, or (4) 1987 |
|---|
| 4786 | + | are older persons or their families. The report shall include the data the 1988 |
|---|
| 4787 | + | department provides to the federal government that relates to the 1989 |
|---|
| 4788 | + | evaluation standards and performance indicators for the vocational 1990 |
|---|
| 4789 | + | rehabilitation services program. The commissioner shall submit the 1991 |
|---|
| 4790 | + | report in electronic format, in accordance with the provisions of section 1992 |
|---|
| 4791 | + | 11-4a, to the joint standing committees of the General Assembly having 1993 |
|---|
| 4792 | + | cognizance of matters relating to human services and appropriations 1994 |
|---|
| 4793 | + | and the budgets of state agencies. 1995 |
|---|
| 4794 | + | (d) The functions, powers, duties and personnel of the former 1996 |
|---|
| 4795 | + | Department on Aging, or any subsequent division or portion of a 1997 |
|---|
| 4796 | + | division with similar functions, powers, duties and personnel, shall be 1998 |
|---|
| 4797 | + | transferred to the Department of Aging and Disability Services pursuant 1999 |
|---|
| 4798 | + | to the provisions of sections 4-38d, 4-38e and 4-39. 2000 |
|---|
| 4799 | + | (e) The Department of Aging and Disability Services shall constitute 2001 |
|---|
| 4800 | + | a successor department to the former Department on Aging, in 2002 |
|---|
| 4801 | + | accordance with the provisions of sections 4-38d, 4-38e and 4-39. 2003 |
|---|
| 4802 | + | Wherever the words "Commissioner on Aging" are used in the general 2004 |
|---|
| 4803 | + | statutes, the words "Commissioner of Aging and Disability Services" 2005 |
|---|
| 4804 | + | shall be substituted in lieu thereof. Wherever the words "Department on 2006 |
|---|
| 4805 | + | Aging" are used in the general statutes, the words "Department of Aging 2007 |
|---|
| 4806 | + | and Disability Services" shall be substituted in lieu thereof. Any order 2008 |
|---|
| 4807 | + | or regulation of the former Department on Aging that is in force on the 2009 |
|---|
| 4808 | + | effective date of this section shall continue in force and effect as an order 2010 |
|---|
| 4809 | + | or regulation of the Department of Aging and Disability Services until 2011 |
|---|
| 4810 | + | Bill No. |
|---|
| 4811 | + | |
|---|
| 4812 | + | |
|---|
| 4813 | + | |
|---|
| 4814 | + | LCO No. 5697 105 of 350 |
|---|
| 4815 | + | |
|---|
| 4816 | + | amended, repealed or superseded pursuant to law. 2012 |
|---|
| 4817 | + | (f) The Governor may, with the approval of the Finance Advisory 2013 |
|---|
| 4818 | + | Committee, transfer funds between the Department of Social Services 2014 |
|---|
| 4819 | + | and the Department of Aging and Disability Services pursuant to 2015 |
|---|
| 4820 | + | subsection (b) of section 4-87 during the fiscal year ending June 30, 2018. 2016 |
|---|
| 4821 | + | (g) The Department of Aging and Disability Services is designated as 2017 |
|---|
| 4822 | + | the State Unit on Aging to administer, manage, design and advocate for 2018 |
|---|
| 4823 | + | benefits, programs and services for older persons and their families 2019 |
|---|
| 4824 | + | pursuant to the Older Americans Act. The department shall study 2020 |
|---|
| 4825 | + | continuously the conditions and needs of older persons in this state in 2021 |
|---|
| 4826 | + | relation to nutrition, transportation, home care, housing, income, 2022 |
|---|
| 4827 | + | employment, health, recreation and other matters. The department shall 2023 |
|---|
| 4828 | + | be responsible, in cooperation with federal, state, local and area 2024 |
|---|
| 4829 | + | planning agencies on aging, for the overall planning, development and 2025 |
|---|
| 4830 | + | administration of a comprehensive and integrated social service 2026 |
|---|
| 4831 | + | delivery system for older persons. The Department of Aging and 2027 |
|---|
| 4832 | + | Disability Services is designated as the state agency for the 2028 |
|---|
| 4833 | + | administration of nutritional programs for elderly persons described in 2029 |
|---|
| 4834 | + | section 17a-852, the fall prevention program described in section 17a-2030 |
|---|
| 4835 | + | 859, the CHOICES program described in section 17a-857, the Aging and 2031 |
|---|
| 4836 | + | Disability Resource Center Program described in section 17a-858 and 2032 |
|---|
| 4837 | + | the Alzheimer's respite program described in section 17b-860. 2033 |
|---|
| 4838 | + | Sec. 71. Subsection (b) of section 17a-837 of the general statutes is 2034 |
|---|
| 4839 | + | repealed and the following is substituted in lieu thereof (Effective October 2035 |
|---|
| 4840 | + | 1, 2024): 2036 |
|---|
| 4841 | + | (b) The Commissioner of Education shall assign one vocational 2037 |
|---|
| 4842 | + | rehabilitation consultant to act as a liaison staff member of the Advisory 2038 |
|---|
| 4843 | + | Board for Persons Who are Deaf, Deafblind or Hard of Hearing. [or 2039 |
|---|
| 4844 | + | Deafblind.] 2040 |
|---|
| 4845 | + | Sec. 72. Section 17a-835 of the general statutes is repealed and the 2041 |
|---|
| 4846 | + | following is substituted in lieu thereof (Effective October 1, 2024): 2042 |
|---|
| 4847 | + | Bill No. |
|---|
| 4848 | + | |
|---|
| 4849 | + | |
|---|
| 4850 | + | |
|---|
| 4851 | + | LCO No. 5697 106 of 350 |
|---|
| 4852 | + | |
|---|
| 4853 | + | The Department of Aging and Disability Services may provide 2043 |
|---|
| 4854 | + | necessary services to persons who are deaf, deafblind or hard of hearing, 2044 |
|---|
| 4855 | + | including, but not limited to, nonreimbursable interpreter services and 2045 |
|---|
| 4856 | + | message relay services for persons using telecommunication devices for 2046 |
|---|
| 4857 | + | persons who are deaf, deafblind or hard of hearing. 2047 |
|---|
| 4858 | + | Sec. 73. Subsection (b) of section 17b-280c of the general statutes is 2048 |
|---|
| 4859 | + | repealed and the following is substituted in lieu thereof (Effective from 2049 |
|---|
| 4860 | + | passage): 2050 |
|---|
| 4861 | + | (b) The Commissioner of Social Services shall amend the Medicaid 2051 |
|---|
| 4862 | + | state plan to provide a minimum weekly reimbursement rate of eighty-2052 |
|---|
| 4863 | + | eight dollars and fifty-two cents to a chemical maintenance provider for 2053 |
|---|
| 4864 | + | methadone maintenance treatment of a Medicaid beneficiary, provided 2054 |
|---|
| 4865 | + | no such provider receiving a higher rate shall have such rate reduced to 2055 |
|---|
| 4866 | + | the minimum as a result of the implementation of a new minimum 2056 |
|---|
| 4867 | + | reimbursement rate. For the fiscal year beginning July 1, 2024, the 2057 |
|---|
| 4868 | + | commissioner shall amend the Medicaid state plan to increase rates, 2058 |
|---|
| 4869 | + | within available appropriations, for chemical maintenance providers 2059 |
|---|
| 4870 | + | who receive the lowest weekly reimbursement rate for such treatment, 2060 |
|---|
| 4871 | + | provided no provider receiving a higher rate for such treatment shall 2061 |
|---|
| 4872 | + | have such rate reduced as a result of such rate increase. 2062 |
|---|
| 4873 | + | Sec. 74. (Effective from passage) For the fiscal year beginning July 1, 2063 |
|---|
| 4874 | + | 2024, the Commissioner of Social Services, within available 2064 |
|---|
| 4875 | + | appropriations, shall increase (1) the Medicaid ambulance mileage rate 2065 |
|---|
| 4876 | + | for all emergency and nonemergency transports by one dollar and 2066 |
|---|
| 4877 | + | eighteen cents, and (2) all other emergency and nonemergency 2067 |
|---|
| 4878 | + | ambulance services rates. The commissioner, within available 2068 |
|---|
| 4879 | + | appropriations, shall provide mileage reimbursement for in-town trips 2069 |
|---|
| 4880 | + | for said fiscal year. The commissioner may, if necessary, seek federal 2070 |
|---|
| 4881 | + | approval of an amendment to the Medicaid state plan to carry out the 2071 |
|---|
| 4882 | + | provisions of this section. 2072 |
|---|
| 4883 | + | Sec. 75. Section 10a-174 of the 2024 supplement to the general statutes, 2073 |
|---|
| 4884 | + | Bill No. |
|---|
| 4885 | + | |
|---|
| 4886 | + | |
|---|
| 4887 | + | |
|---|
| 4888 | + | LCO No. 5697 107 of 350 |
|---|
| 4889 | + | |
|---|
| 4890 | + | as amended by section 134 of public act 23-204, is repealed and the 2074 |
|---|
| 4891 | + | following is substituted in lieu thereof (Effective July 1, 2024): 2075 |
|---|
| 4892 | + | (a) As used in this section: 2076 |
|---|
| 4893 | + | (1) "Award" means the greater of: (A) The unpaid portion, if any, of a 2077 |
|---|
| 4894 | + | qualifying student's eligible institutional costs after subtracting his or 2078 |
|---|
| 4895 | + | her financial aid, or (B) a minimum award of [two hundred fifty] five 2079 |
|---|
| 4896 | + | hundred dollars for a full-time student or [one hundred fifty] three 2080 |
|---|
| 4897 | + | hundred dollars for a part-time student; 2081 |
|---|
| 4898 | + | (2) "Eligible institutional costs" means the tuition and required fees 2082 |
|---|
| 4899 | + | incurred each semester by an individual student that are established by 2083 |
|---|
| 4900 | + | the Board of Regents for Higher Education for the regional community-2084 |
|---|
| 4901 | + | technical colleges; 2085 |
|---|
| 4902 | + | (3) "Financial aid" means the sum of all scholarships, grants and 2086 |
|---|
| 4903 | + | federal, state and institutional aid received by a qualifying student. 2087 |
|---|
| 4904 | + | "Financial aid" does not include any federal, state or private student 2088 |
|---|
| 4905 | + | loans received by a qualifying student; 2089 |
|---|
| 4906 | + | (4) "Qualifying student" means any person who (A) graduated from 2090 |
|---|
| 4907 | + | a public or nonpublic high school, [in the state,] (B) enrolls as a full-time 2091 |
|---|
| 4908 | + | or part-time student for the fall semester of 2020, or any semester 2092 |
|---|
| 4909 | + | thereafter, at a regional community-technical college in a program 2093 |
|---|
| 4910 | + | leading to a degree or certificate, (C) is classified as an in-state student 2094 |
|---|
| 4911 | + | pursuant to section 10a-29, (D) is making satisfactory academic progress 2095 |
|---|
| 4912 | + | while enrolled at a regional community-technical college, (E) has 2096 |
|---|
| 4913 | + | completed the Free Application for Federal Student Aid, and (F) has 2097 |
|---|
| 4914 | + | accepted all available financial aid or is a transition program student; 2098 |
|---|
| 4915 | + | (5) "Full-time student" means a student who is enrolled at a regional 2099 |
|---|
| 4916 | + | community-technical college and (A) is carrying twelve or more credit 2100 |
|---|
| 4917 | + | hours in a semester, or (B) has a learning disability documented with 2101 |
|---|
| 4918 | + | the regional community-technical college in which he or she is enrolled 2102 |
|---|
| 4919 | + | and is enrolled in the maximum number of credit hours that is feasible 2103 |
|---|
| 4920 | + | Bill No. |
|---|
| 4921 | + | |
|---|
| 4922 | + | |
|---|
| 4923 | + | |
|---|
| 4924 | + | LCO No. 5697 108 of 350 |
|---|
| 4925 | + | |
|---|
| 4926 | + | for such student to attempt in a semester, as determined by such 2104 |
|---|
| 4927 | + | student's academic advisor; 2105 |
|---|
| 4928 | + | (6) "Semester" means the fall or spring semester of an academic year. 2106 |
|---|
| 4929 | + | "Semester" does not include a summer semester or session; [and] 2107 |
|---|
| 4930 | + | (7) "Part-time student" means a student who is enrolled at a regional 2108 |
|---|
| 4931 | + | community-technical college and is carrying not less than six but fewer 2109 |
|---|
| 4932 | + | than twelve credit hours in a semester; and 2110 |
|---|
| 4933 | + | (8) "Transition program student" means any person who (A) is a 2111 |
|---|
| 4934 | + | resident of this state, (B) has not graduated from high school, (C) is 2112 |
|---|
| 4935 | + | enrolled in a transition program pursuant to such person's 2113 |
|---|
| 4936 | + | individualized education program, and (D) enrolls in one or more 2114 |
|---|
| 4937 | + | courses at a regional community-technical college. 2115 |
|---|
| 4938 | + | (b) The Board of Regents for Higher Education shall (1) establish a 2116 |
|---|
| 4939 | + | debt-free community college program to make awards to qualifying 2117 |
|---|
| 4940 | + | students each semester, (2) adopt rules, procedures and forms necessary 2118 |
|---|
| 4941 | + | to implement the debt-free community college program, and (3) submit 2119 |
|---|
| 4942 | + | a report outlining such rules, procedures and forms, in accordance with 2120 |
|---|
| 4943 | + | the provisions of section 11-4a, to the joint standing committee of the 2121 |
|---|
| 4944 | + | General Assembly having cognizance of matters relating to higher 2122 |
|---|
| 4945 | + | education. Awards made to qualifying students pursuant to the debt-2123 |
|---|
| 4946 | + | free community college program shall be designated as the "Mary Ann 2124 |
|---|
| 4947 | + | Handley Award". 2125 |
|---|
| 4948 | + | (c) For the fall semester of 2020, and each semester thereafter, the 2126 |
|---|
| 4949 | + | Board of Regents for Higher Education shall make awards to qualifying 2127 |
|---|
| 4950 | + | students within available appropriations. An award shall be available 2128 |
|---|
| 4951 | + | to a qualifying student for the first seventy-two credit hours earned by 2129 |
|---|
| 4952 | + | the qualifying student at a regional community-technical college, 2130 |
|---|
| 4953 | + | provided the qualifying student meets and continues to meet the 2131 |
|---|
| 4954 | + | requirements of this section. The board shall not use an award to 2132 |
|---|
| 4955 | + | supplant any financial aid, including, but not limited to, state or 2133 |
|---|
| 4956 | + | institutional aid, otherwise available to a qualifying student. 2134 |
|---|
| 4957 | + | Bill No. |
|---|
| 4958 | + | |
|---|
| 4959 | + | |
|---|
| 4960 | + | |
|---|
| 4961 | + | LCO No. 5697 109 of 350 |
|---|
| 4962 | + | |
|---|
| 4963 | + | (d) Not later than [March 1, 2021, and October 1, 2021] November 1, 2135 |
|---|
| 4964 | + | 2024, and March 1, 2025, and each semester thereafter, the Board of 2136 |
|---|
| 4965 | + | Regents for Higher Education shall report, in accordance with the 2137 |
|---|
| 4966 | + | provisions of section 11-4a, to the joint standing committees of the 2138 |
|---|
| 4967 | + | General Assembly having cognizance of matters relating to higher 2139 |
|---|
| 4968 | + | education and employment advancement and appropriations and the 2140 |
|---|
| 4969 | + | budgets of the state agencies regarding the debt-free community college 2141 |
|---|
| 4970 | + | program, including, but not limited to, (1) the number of qualifying 2142 |
|---|
| 4971 | + | students enrolled at the regional community-technical colleges during 2143 |
|---|
| 4972 | + | each semester, (2) the number of qualifying students receiving 2144 |
|---|
| 4973 | + | minimum awards and the number of qualifying students receiving 2145 |
|---|
| 4974 | + | awards for the unpaid portion of eligible institutional costs, (3) the 2146 |
|---|
| 4975 | + | average number of credit hours the qualifying students enrolled in each 2147 |
|---|
| 4976 | + | semester and the average number of credit hours the qualifying 2148 |
|---|
| 4977 | + | students completed each semester, (4) the average amount of the award 2149 |
|---|
| 4978 | + | made to qualifying students under this section for the unpaid portion of 2150 |
|---|
| 4979 | + | eligible institutional costs, and (5) the completion rates of qualifying 2151 |
|---|
| 4980 | + | students receiving awards under this section by degree or certificate 2152 |
|---|
| 4981 | + | program. 2153 |
|---|
| 4982 | + | Sec. 76. Section 23 of public act 23-170 is repealed and the following 2154 |
|---|
| 4983 | + | is substituted in lieu thereof (Effective from passage): 2155 |
|---|
| 4984 | + | Not later than July 1, [2024] 2025, the Secretary of the Office of Policy 2156 |
|---|
| 4985 | + | and Management, in consultation with the Commissioner of Energy and 2157 |
|---|
| 4986 | + | Environmental Protection, shall submit recommendations to the joint 2158 |
|---|
| 4987 | + | standing committees of the General Assembly having cognizance of 2159 |
|---|
| 4988 | + | matters relating to the environment and energy and technology, in 2160 |
|---|
| 4989 | + | accordance with section 11-4a of the general statutes, regarding the 2161 |
|---|
| 4990 | + | feasibility and advisability of creating a new quasi-public state agency, 2162 |
|---|
| 4991 | + | state waste authority or other entity for purposes that include, but are 2163 |
|---|
| 4992 | + | not limited to, the development of new solid waste infrastructure and 2164 |
|---|
| 4993 | + | the operation and maintenance of new or existing solid waste 2165 |
|---|
| 4994 | + | infrastructure. Such recommendations shall be made in consultation 2166 |
|---|
| 4995 | + | with any municipalities, municipal authorities, regional waste 2167 |
|---|
| 4996 | + | Bill No. |
|---|
| 4997 | + | |
|---|
| 4998 | + | |
|---|
| 4999 | + | |
|---|
| 5000 | + | LCO No. 5697 110 of 350 |
|---|
| 5001 | + | |
|---|
| 5002 | + | authorities or private sector operators of solid waste companies 2168 |
|---|
| 5003 | + | participating in a request for proposals pursuant to section [2 of this act] 2169 |
|---|
| 5004 | + | 22a-268h of the general statutes. 2170 |
|---|
| 5005 | + | Sec. 77. Subsection (b) of section 4-66g of the 2024 supplement to the 2171 |
|---|
| 5006 | + | general statutes is repealed and the following is substituted in lieu 2172 |
|---|
| 5007 | + | thereof (Effective July 1, 2024): 2173 |
|---|
| 5008 | + | (b) The proceeds of the sale of said bonds, to the extent of the amount 2174 |
|---|
| 5009 | + | stated in subsection (a) of this section, shall be used by the Office of 2175 |
|---|
| 5010 | + | Policy and Management for a small town economic assistance program 2176 |
|---|
| 5011 | + | the purpose of which shall be to provide grants-in-aid to any 2177 |
|---|
| 5012 | + | municipality or group of municipalities, provided the municipality and 2178 |
|---|
| 5013 | + | each municipality that is part of a group of municipalities is not 2179 |
|---|
| 5014 | + | economically distressed within the meaning of subsection (b) of section 2180 |
|---|
| 5015 | + | 32-9p, does not have an urban center in any plan adopted by the General 2181 |
|---|
| 5016 | + | Assembly pursuant to section 16a-30 and is not a public investment 2182 |
|---|
| 5017 | + | community within the meaning of subdivision (9) of subsection (a) of 2183 |
|---|
| 5018 | + | section 7-545. Such grants shall be used for purposes for which funds 2184 |
|---|
| 5019 | + | would be available under section 4-66c. No group of municipalities may 2185 |
|---|
| 5020 | + | receive an amount exceeding in the aggregate [five hundred thousand] 2186 |
|---|
| 5021 | + | one million dollars per municipality in such group in any one fiscal year 2187 |
|---|
| 5022 | + | under said program. No individual municipality may receive more than 2188 |
|---|
| 5023 | + | [five hundred thousand] one million dollars in any one fiscal year under 2189 |
|---|
| 5024 | + | said program, except that any municipality that receives a grant under 2190 |
|---|
| 5025 | + | said program as a member of a group of municipalities shall continue to 2191 |
|---|
| 5026 | + | be eligible to receive an amount equal to [five hundred thousand] one 2192 |
|---|
| 5027 | + | million dollars less the amount of such municipality's proportionate 2193 |
|---|
| 5028 | + | share of such grant. Notwithstanding the provisions of this subsection 2194 |
|---|
| 5029 | + | and section 4-66c, a municipality that is (1) a distressed municipality 2195 |
|---|
| 5030 | + | within the meaning of subsection (b) of section 32-9p or a public 2196 |
|---|
| 5031 | + | investment community within the meaning of subdivision (9) of 2197 |
|---|
| 5032 | + | subsection (a) of section 7-545, and (2) otherwise eligible under this 2198 |
|---|
| 5033 | + | subsection for the small town economic assistance program may elect to 2199 |
|---|
| 5034 | + | be eligible for said program individually or as part of a group of 2200 |
|---|
| 5035 | + | Bill No. |
|---|
| 5036 | + | |
|---|
| 5037 | + | |
|---|
| 5038 | + | |
|---|
| 5039 | + | LCO No. 5697 111 of 350 |
|---|
| 5040 | + | |
|---|
| 5041 | + | municipalities in lieu of being eligible for financial assistance under 2201 |
|---|
| 5042 | + | section 4-66c, by a vote of its legislative body or, in the case of a 2202 |
|---|
| 5043 | + | municipality in which the legislative body is a town meeting, its board 2203 |
|---|
| 5044 | + | of selectmen, and submitting a written notice of such vote to the 2204 |
|---|
| 5045 | + | Secretary of the Office of Policy and Management. Any such election 2205 |
|---|
| 5046 | + | shall be for the four-year period following submission of such notice to 2206 |
|---|
| 5047 | + | the secretary and may be extended for additional four-year periods in 2207 |
|---|
| 5048 | + | accordance with the same procedure for the initial election. 2208 |
|---|
| 5049 | + | Sec. 78. Section 5-250 of the general statutes is repealed and the 2209 |
|---|
| 5050 | + | following is substituted in lieu thereof (Effective January 1, 2025): 2210 |
|---|
| 5051 | + | (a) Each appointing authority shall grant to (1) each full-time 2211 |
|---|
| 5052 | + | employee in a permanent position in the state service, who has worked 2212 |
|---|
| 5053 | + | at least one full calendar year, and (2) each full-time employee in a 2213 |
|---|
| 5054 | + | permanent position in the state service during such employee's initial 2214 |
|---|
| 5055 | + | working test period an annual vacation with pay of twenty-one 2215 |
|---|
| 5056 | + | consecutive calendar days or its equivalent. Each such employee who 2216 |
|---|
| 5057 | + | has completed twenty years of service shall be entitled to one day for 2217 |
|---|
| 5058 | + | each additional year up to twenty-five years of service, and each such 2218 |
|---|
| 5059 | + | employee with twenty-five or more years of service shall be entitled to 2219 |
|---|
| 5060 | + | not more than twenty days' vacation, subject to regulations issued by 2220 |
|---|
| 5061 | + | the Commissioner of Administrative Services. The Commissioner of 2221 |
|---|
| 5062 | + | Administrative Services may adopt regulations, in accordance with the 2222 |
|---|
| 5063 | + | provisions of chapter 54, concerning the accrual, prorating and granting 2223 |
|---|
| 5064 | + | of vacation leave with pay as required. Computation of such vacation 2224 |
|---|
| 5065 | + | leave may be made on an hourly basis. Hourly computation of vacation 2225 |
|---|
| 5066 | + | leave shall not diminish benefit entitlement. 2226 |
|---|
| 5067 | + | (b) An appointing authority may permit a full-time permanent 2227 |
|---|
| 5068 | + | employee in the state service to accumulate vacation days with pay up 2228 |
|---|
| 5069 | + | to a maximum of one hundred twenty vacation days, subject to 2229 |
|---|
| 5070 | + | regulations issued by the Commissioner of Administrative Services. 2230 |
|---|
| 5071 | + | (c) In addition to annual vacation, each appointing authority shall 2231 |
|---|
| 5072 | + | Bill No. |
|---|
| 5073 | + | |
|---|
| 5074 | + | |
|---|
| 5075 | + | |
|---|
| 5076 | + | LCO No. 5697 112 of 350 |
|---|
| 5077 | + | |
|---|
| 5078 | + | grant to (1) each full-time permanent employee in the state service, and 2232 |
|---|
| 5079 | + | (2) each full-time permanent employee in the state service during such 2233 |
|---|
| 5080 | + | employee's initial working test period three days of personal leave of 2234 |
|---|
| 5081 | + | absence with pay in each calendar year. Personal leave of absence shall 2235 |
|---|
| 5082 | + | be for the purpose of conducting private affairs, including observance 2236 |
|---|
| 5083 | + | of religious holidays, and shall not be deducted from vacation or sick 2237 |
|---|
| 5084 | + | leave credits. Personal leave of absence days not taken in a calendar year 2238 |
|---|
| 5085 | + | shall not be accumulated. For full-time permanent employees within 2239 |
|---|
| 5086 | + | such employees' working test period that began employment on or after 2240 |
|---|
| 5087 | + | July first of a calendar year, the number of personal leave of absence 2241 |
|---|
| 5088 | + | days shall be prorated during such employee's first calendar year of 2242 |
|---|
| 5089 | + | employment. Such proration shall be based on the number of full 2243 |
|---|
| 5090 | + | calendar months remaining in the calendar year after such employee 2244 |
|---|
| 5091 | + | began employment divided by six. 2245 |
|---|
| 5092 | + | (d) Vacation accruals earned by employees in the unclassified service, 2246 |
|---|
| 5093 | + | in accordance with administrative practice or internal departmental 2247 |
|---|
| 5094 | + | policy, which accrual practice or policy was included, by the appointing 2248 |
|---|
| 5095 | + | authority, in the terms of employment on the basis of which such 2249 |
|---|
| 5096 | + | employees were employed prior to July 1, 1972, and which accruals have 2250 |
|---|
| 5097 | + | not been used and which can be verified by written attendance records, 2251 |
|---|
| 5098 | + | remain to the credit of such employees for use as vacation time or for 2252 |
|---|
| 5099 | + | payment as provided in section 5-252, as the case may be. 2253 |
|---|
| 5100 | + | (e) Notwithstanding the provisions of this section, a general worker 2254 |
|---|
| 5101 | + | employed in a position by the Department of Developmental Services 2255 |
|---|
| 5102 | + | as a self-advocate, not to exceed eleven such general workers, shall be 2256 |
|---|
| 5103 | + | eligible for prorated vacation and personal leave. 2257 |
|---|
| 5104 | + | (f) Not later than June 30, 2025, the Commissioner of Administrative 2258 |
|---|
| 5105 | + | Services shall adopt or amend regulations, as applicable, in accordance 2259 |
|---|
| 5106 | + | with chapter 54, to implement the provisions of subsections (a) and (c) 2260 |
|---|
| 5107 | + | of this section relating to the granting of vacation and personal leave to 2261 |
|---|
| 5108 | + | full-time permanent employees during such employees' initial working 2262 |
|---|
| 5109 | + | test periods. Notwithstanding the provisions of sections 4-168 to 4-172, 2263 |
|---|
| 5110 | + | Bill No. |
|---|
| 5111 | + | |
|---|
| 5112 | + | |
|---|
| 5113 | + | |
|---|
| 5114 | + | LCO No. 5697 113 of 350 |
|---|
| 5115 | + | |
|---|
| 5116 | + | inclusive, in order to effectuate the purposes of subsections (a) and (c) 2264 |
|---|
| 5117 | + | of this section, prior to adopting or amending such regulations and not 2265 |
|---|
| 5118 | + | later than January 1, 2025, the commissioner shall adopt policies and 2266 |
|---|
| 5119 | + | procedures to implement the provisions of subsections (a) and (c) of this 2267 |
|---|
| 5120 | + | section that shall have the force and effect of law. The commissioner 2268 |
|---|
| 5121 | + | shall post all policies and procedures on the department's Internet web 2269 |
|---|
| 5122 | + | site, and submit such policies and procedures to the Secretary of the 2270 |
|---|
| 5123 | + | State for posting on the eRegulations System, at least fifteen days prior 2271 |
|---|
| 5124 | + | to the effective date of any policy or procedure. Any such policy or 2272 |
|---|
| 5125 | + | procedure shall no longer be effective upon the adoption of such policies 2273 |
|---|
| 5126 | + | and procedures as a final regulation pursuant to section 4-172. 2274 |
|---|
| 5127 | + | Sec. 79. Section 4-8 of the general statutes is repealed and the 2275 |
|---|
| 5128 | + | following is substituted in lieu thereof (Effective July 1, 2024): 2276 |
|---|
| 5129 | + | (a) Each department head shall: [be] 2277 |
|---|
| 5130 | + | (1) Be qualified by training and experience for the duties of [his] the 2278 |
|---|
| 5131 | + | department head's office; [. Each department head shall act] 2279 |
|---|
| 5132 | + | (2) Act as the executive officer of the Governor for accomplishing the 2280 |
|---|
| 5133 | + | purposes of [his] the department head's department; [. He shall conduct] 2281 |
|---|
| 5134 | + | (3) Conduct comprehensive planning with respect to the functions of 2282 |
|---|
| 5135 | + | [his] such department and coordinate the activities and programs of the 2283 |
|---|
| 5136 | + | state agencies therein; [. He shall cause] 2284 |
|---|
| 5137 | + | (4) Cause the administrative organization of [said] such department 2285 |
|---|
| 5138 | + | to be examined with a view to promoting economy and efficiency; [. He 2286 |
|---|
| 5139 | + | shall organize the] and 2287 |
|---|
| 5140 | + | (5) Organize such department and any agency therein into such 2288 |
|---|
| 5141 | + | divisions, bureaus or other units as [he] the department head deems 2289 |
|---|
| 5142 | + | necessary for the efficient conduct of the business of the department. 2290 |
|---|
| 5143 | + | [and] 2291 |
|---|
| 5144 | + | (b) Each department head may [from time to time] abolish, transfer 2292 |
|---|
| 5145 | + | Bill No. |
|---|
| 5146 | + | |
|---|
| 5147 | + | |
|---|
| 5148 | + | |
|---|
| 5149 | + | LCO No. 5697 114 of 350 |
|---|
| 5150 | + | |
|---|
| 5151 | + | or consolidate within the department or any agency therein any 2293 |
|---|
| 5152 | + | division, bureau or other unit as may be necessary for the efficient 2294 |
|---|
| 5153 | + | conduct of the business of the department, provided such organization 2295 |
|---|
| 5154 | + | shall include any division, bureau or other unit which is specifically 2296 |
|---|
| 5155 | + | required by the general statutes. 2297 |
|---|
| 5156 | + | (c) Each department head may appoint such deputies as may be 2298 |
|---|
| 5157 | + | necessary for the efficient conduct of the business of the department. 2299 |
|---|
| 5158 | + | Each department head shall designate one deputy who shall in the 2300 |
|---|
| 5159 | + | absence or disqualification of the department head or [on his] upon the 2301 |
|---|
| 5160 | + | department head's death, exercise the powers and duties of the 2302 |
|---|
| 5161 | + | department head until [he] the department head resumes his or her 2303 |
|---|
| 5162 | + | duties or the vacancy is filled, as applicable. Such deputies shall serve at 2304 |
|---|
| 5163 | + | the pleasure of the department head. [Such appointees shall devote their 2305 |
|---|
| 5164 | + | full time to their duties with the department or agency and shall engage 2306 |
|---|
| 5165 | + | in no other gainful employment.] Subject to the provisions of chapter 67, 2307 |
|---|
| 5166 | + | each department head shall appoint such other employees as may be 2308 |
|---|
| 5167 | + | necessary for the discharge of [his] the department head's duties. 2309 |
|---|
| 5168 | + | (d) [He is empowered to make] Each department head may: 2310 |
|---|
| 5169 | + | (1) Adopt regulations, in accordance with the provisions of chapter 2311 |
|---|
| 5170 | + | 54, for the conduct of [his] the department head's department; [. Each 2312 |
|---|
| 5171 | + | department head may enter] 2313 |
|---|
| 5172 | + | (2) Enter into such contractual agreements, in accordance with 2314 |
|---|
| 5173 | + | established procedures, as may be necessary for the discharge of [his] 2315 |
|---|
| 5174 | + | the department head's duties; [. Subject] 2316 |
|---|
| 5175 | + | (3) Subject to the provisions of section 4-32, and unless otherwise 2317 |
|---|
| 5176 | + | provided by law, [each department head is authorized to] receive any 2318 |
|---|
| 5177 | + | money, revenue or services from the federal government, corporations, 2319 |
|---|
| 5178 | + | associations or individuals, including payments from the sale of printed 2320 |
|---|
| 5179 | + | matter or any other material or services; [. Each department head may 2321 |
|---|
| 5180 | + | create] and 2322 |
|---|
| 5181 | + | Bill No. |
|---|
| 5182 | + | |
|---|
| 5183 | + | |
|---|
| 5184 | + | |
|---|
| 5185 | + | LCO No. 5697 115 of 350 |
|---|
| 5186 | + | |
|---|
| 5187 | + | (4) Create such advisory boards as [he] the department head deems 2323 |
|---|
| 5188 | + | necessary. 2324 |
|---|
| 5189 | + | Sec. 80. Subsections (c) and (d) of section 51-49d of the general 2325 |
|---|
| 5190 | + | statutes are repealed and the following is substituted in lieu thereof 2326 |
|---|
| 5191 | + | (Effective from passage): 2327 |
|---|
| 5192 | + | (c) The Retirement Commission shall determine on an actuarial basis 2328 |
|---|
| 5193 | + | (1) a normal rate of contribution which the state shall be required to 2329 |
|---|
| 5194 | + | make into the retirement fund in order to meet the actuarial cost of 2330 |
|---|
| 5195 | + | current service, and (2) the unfunded past service liability. Effective July 2331 |
|---|
| 5196 | + | 1, 1991, the unfunded past service liability shall be funded as a level 2332 |
|---|
| 5197 | + | percentage of payroll. [The] On and after July 1, 2024, the state 2333 |
|---|
| 5198 | + | contribution shall be the sum of the normal cost and the amount 2334 |
|---|
| 5199 | + | required for a [forty-year] fifteen-year layered amortization of 2335 |
|---|
| 5200 | + | unfunded liabilities. The [forty-year] fifteen-year period for such 2336 |
|---|
| 5201 | + | amortization shall commence [July 1, 1991] with the valuation for the 2337 |
|---|
| 5202 | + | fiscal year ending June 30, 2023. 2338 |
|---|
| 5203 | + | (d) No act liberalizing the benefits of the retirement system shall be 2339 |
|---|
| 5204 | + | enacted by the General Assembly until the assembly has requested and 2340 |
|---|
| 5205 | + | received from the Retirement Commission a certification of the 2341 |
|---|
| 5206 | + | unfunded liability created by such change and the cost of such change 2342 |
|---|
| 5207 | + | under the actuarial funding basis adopted by this section using full 2343 |
|---|
| 5208 | + | normal cost plus [thirty-year] fifteen-year layered amortization. Any 2344 |
|---|
| 5209 | + | unfunded liability created by such change shall be amortized over a 2345 |
|---|
| 5210 | + | period of [thirty] fifteen years. 2346 |
|---|
| 5211 | + | Sec. 81. (Effective from passage) Notwithstanding the provisions of 2347 |
|---|
| 5212 | + | section 51-49d of the general statutes, not later than June 30, 2024, the 2348 |
|---|
| 5213 | + | State Employees Retirement Commission shall prepare and submit a 2349 |
|---|
| 5214 | + | revised actuarial valuation as of June 30, 2023, for the retirement system 2350 |
|---|
| 5215 | + | for judges, family support magistrates and administrative law judges 2351 |
|---|
| 5216 | + | that incorporates the change to fifteen-year layered amortization, as 2352 |
|---|
| 5217 | + | described in section 51-49d of the general statutes. 2353 |
|---|
| 5218 | + | Bill No. |
|---|
| 5219 | + | |
|---|
| 5220 | + | |
|---|
| 5221 | + | |
|---|
| 5222 | + | LCO No. 5697 116 of 350 |
|---|
| 5223 | + | |
|---|
| 5224 | + | Sec. 82. Section 8-169ll of the 2024 supplement to the general statutes 2354 |
|---|
| 5225 | + | is repealed and the following is substituted in lieu thereof (Effective 2355 |
|---|
| 5226 | + | October 1, 2024): 2356 |
|---|
| 5227 | + | (a) (1) Any municipality, except the city of Hartford or any 2357 |
|---|
| 5228 | + | municipality that is considered part of the capital region, as defined in 2358 |
|---|
| 5229 | + | section 32-600, may, by certified resolution of the legislative body of the 2359 |
|---|
| 5230 | + | municipality, opt to join the Connecticut Municipal Redevelopment 2360 |
|---|
| 5231 | + | Authority as a member municipality, provided such municipality holds 2361 |
|---|
| 5232 | + | a public hearing prior to any vote on such certified resolution. 2362 |
|---|
| 5233 | + | [(2) The legislative body of each member municipality shall appoint 2363 |
|---|
| 5234 | + | a local development board to serve as liaison to the authority. Such 2364 |
|---|
| 5235 | + | board (A) shall include three individuals representing the municipality 2365 |
|---|
| 5236 | + | and the chief executive officer of such municipality, who shall serve as 2366 |
|---|
| 5237 | + | chairperson of the board, and (B) may include, but need not be limited 2367 |
|---|
| 5238 | + | to, representatives from local health or human services organizations, 2368 |
|---|
| 5239 | + | local housing organizations, a local school district or education 2369 |
|---|
| 5240 | + | organization, and a local business organization. Such board shall also 2370 |
|---|
| 5241 | + | include one member of the board of directors of the authority, chosen 2371 |
|---|
| 5242 | + | by the chairperson of the board of directors of the authority. Each 2372 |
|---|
| 5243 | + | legislative body shall make a good faith effort to appoint representatives 2373 |
|---|
| 5244 | + | of minority-owned businesses, advocates for walkable communities and 2374 |
|---|
| 5245 | + | members who are geographically, racially, socioeconomically and 2375 |
|---|
| 5246 | + | gender diverse.] 2376 |
|---|
| 5247 | + | [(3)] (2) Any municipality that opts to join the authority as a member 2377 |
|---|
| 5248 | + | municipality or that is deemed a member municipality pursuant to this 2378 |
|---|
| 5249 | + | subsection [(a) of this section] shall enter into a memorandum of 2379 |
|---|
| 5250 | + | agreement with the authority for the establishment of one or more 2380 |
|---|
| 5251 | + | development districts. 2381 |
|---|
| 5252 | + | (b) (1) Any two or more municipalities may, by certified concurrent 2382 |
|---|
| 5253 | + | resolutions of the legislative bodies of each such municipality, together 2383 |
|---|
| 5254 | + | opt to join the Connecticut Municipal Redevelopment Authority as a 2384 |
|---|
| 5255 | + | Bill No. |
|---|
| 5256 | + | |
|---|
| 5257 | + | |
|---|
| 5258 | + | |
|---|
| 5259 | + | LCO No. 5697 117 of 350 |
|---|
| 5260 | + | |
|---|
| 5261 | + | joint member entity, provided (A) no such municipality is considered 2385 |
|---|
| 5262 | + | part of the capital region, as defined in section 32-600, and (B) each such 2386 |
|---|
| 5263 | + | municipality holds a public hearing prior to any vote on the certified 2387 |
|---|
| 5264 | + | resolution from such municipality. The concurrent resolutions shall set 2388 |
|---|
| 5265 | + | forth an agreement of such municipalities as to authority for decisions 2389 |
|---|
| 5266 | + | concerning projects in development districts within such municipalities. 2390 |
|---|
| 5267 | + | [(2) The legislative bodies of the municipalities constituting a joint 2391 |
|---|
| 5268 | + | member entity shall jointly appoint a local development board to serve 2392 |
|---|
| 5269 | + | as liaison to the authority. Such board shall (A) include two individuals 2393 |
|---|
| 5270 | + | representing each such municipality and the chief executive officer of 2394 |
|---|
| 5271 | + | each such municipality, who shall serve as cochairperson of the board 2395 |
|---|
| 5272 | + | with the other chief executive officers, and (B) may include, but need not 2396 |
|---|
| 5273 | + | be limited to, representatives from local health or human services 2397 |
|---|
| 5274 | + | organizations, local housing organizations, a local school district or 2398 |
|---|
| 5275 | + | education organization and a local business organization. Such board 2399 |
|---|
| 5276 | + | shall also include one member of the board of directors of the authority, 2400 |
|---|
| 5277 | + | chosen by the chairperson of the board of directors of the authority. The 2401 |
|---|
| 5278 | + | legislative bodies of the municipalities constituting a joint member 2402 |
|---|
| 5279 | + | entity shall make a good faith effort to appoint representatives of 2403 |
|---|
| 5280 | + | minority-owned businesses, advocates for walkable communities and 2404 |
|---|
| 5281 | + | members who are geographically, racially, socioeconomically and 2405 |
|---|
| 5282 | + | gender diverse.] 2406 |
|---|
| 5283 | + | [(3)] (2) Any two or more municipalities that together opt to join the 2407 |
|---|
| 5284 | + | authority as a joint member entity shall jointly enter into a 2408 |
|---|
| 5285 | + | memorandum of agreement with the authority for the establishment of 2409 |
|---|
| 5286 | + | one or more development districts. 2410 |
|---|
| 5287 | + | [(c) In consultation with the board of directors of the authority, a local 2411 |
|---|
| 5288 | + | development board appointed pursuant to subdivision (2) of subsection 2412 |
|---|
| 5289 | + | (a) or subdivision (2) of subsection (b) of this section shall have, with 2413 |
|---|
| 5290 | + | respect to authority development projects, all the powers enumerated in 2414 |
|---|
| 5291 | + | subdivision (8) of subsection (b) of section 8-169jj and in subdivisions (1) 2415 |
|---|
| 5292 | + | to (6), inclusive, of subsection (c) of said section.] 2416 |
|---|
| 5293 | + | Bill No. |
|---|
| 5294 | + | |
|---|
| 5295 | + | |
|---|
| 5296 | + | |
|---|
| 5297 | + | LCO No. 5697 118 of 350 |
|---|
| 5298 | + | |
|---|
| 5299 | + | Sec. 83. Section 8-169hh of the 2024 supplement to the general statutes 2417 |
|---|
| 5300 | + | is repealed and the following is substituted in lieu thereof (Effective 2418 |
|---|
| 5301 | + | October 1, 2024): 2419 |
|---|
| 5302 | + | For purposes of this section, [and] sections 8-169ii to 8-169tt, 2420 |
|---|
| 5303 | + | inclusive, and sections 84 and 85 of this act: 2421 |
|---|
| 5304 | + | (1) "As of right" has the same meaning as provided in section 8-1a; 2422 |
|---|
| 5305 | + | (2) "Authority" means the Connecticut Municipal Redevelopment 2423 |
|---|
| 5306 | + | Authority established in section 8-169ii; 2424 |
|---|
| 5307 | + | (3) "Authority development project" means a project occurring within 2425 |
|---|
| 5308 | + | the boundaries of a Connecticut Municipal Redevelopment Authority 2426 |
|---|
| 5309 | + | development district; 2427 |
|---|
| 5310 | + | (4) "Connecticut Municipal Redevelopment Authority development 2428 |
|---|
| 5311 | + | district" or "development district" means the area determined by a 2429 |
|---|
| 5312 | + | memorandum of agreement between the authority and the chief 2430 |
|---|
| 5313 | + | executive officer of the member municipality, or the chief executive 2431 |
|---|
| 5314 | + | officers of the municipalities constituting a joint member entity, as 2432 |
|---|
| 5315 | + | applicable, where such development district is located, provided such 2433 |
|---|
| 5316 | + | area shall be considered a downtown or does not exceed a one-half-mile 2434 |
|---|
| 5317 | + | radius of a transit station; 2435 |
|---|
| 5318 | + | (5) "Designated tier III municipality" has the same meaning as 2436 |
|---|
| 5319 | + | provided in section 7-560; 2437 |
|---|
| 5320 | + | (6) "Designated tier IV municipality" has the same meaning as 2438 |
|---|
| 5321 | + | provided in section 7-560; 2439 |
|---|
| 5322 | + | (7) "Downtown" means a central business district or other 2440 |
|---|
| 5323 | + | commercial neighborhood area of a community that serves as a center 2441 |
|---|
| 5324 | + | of socioeconomic interaction in the community, characterized by a 2442 |
|---|
| 5325 | + | cohesive core of commercial and mixed -use buildings, often 2443 |
|---|
| 5326 | + | interspersed with civic, religious and residential buildings and public 2444 |
|---|
| 5327 | + | spaces, that are typically arranged along a main street and intersecting 2445 |
|---|
| 5328 | + | Bill No. |
|---|
| 5329 | + | |
|---|
| 5330 | + | |
|---|
| 5331 | + | |
|---|
| 5332 | + | LCO No. 5697 119 of 350 |
|---|
| 5333 | + | |
|---|
| 5334 | + | side streets and served by public infrastructure; 2446 |
|---|
| 5335 | + | (8) "Member municipality" means any municipality that opts to join 2447 |
|---|
| 5336 | + | the Connecticut Municipal Redevelopment Authority in accordance 2448 |
|---|
| 5337 | + | with section 8-169ll. "Member municipality" does not include the city of 2449 |
|---|
| 5338 | + | Hartford or any municipality that is considered part of the capital 2450 |
|---|
| 5339 | + | region, as defined in section 32-600; 2451 |
|---|
| 5340 | + | (9) "Middle housing" has the same meaning as provided in section 8-2452 |
|---|
| 5341 | + | 1a; 2453 |
|---|
| 5342 | + | (10) "Joint member entity" means two or more municipalities that 2454 |
|---|
| 5343 | + | together opt to join the Connecticut Municipal Redevelopment 2455 |
|---|
| 5344 | + | Authority in accordance with section 8-169ll, provided no such 2456 |
|---|
| 5345 | + | municipality is considered part of the capital region, as defined in 2457 |
|---|
| 5346 | + | section 32-600; 2458 |
|---|
| 5347 | + | (11) "Project" means any or all of the following: (A) The design and 2459 |
|---|
| 5348 | + | construction of transit-oriented development, as defined in section 13b-2460 |
|---|
| 5349 | + | 79kk; (B) the creation of housing units through rehabilitation or new 2461 |
|---|
| 5350 | + | construction; (C) the demolition or redevelopment of vacant buildings; 2462 |
|---|
| 5351 | + | and (D) development and redevelopment; 2463 |
|---|
| 5352 | + | (12) "State-wide transportation investment program" means the 2464 |
|---|
| 5353 | + | planning document developed and updated at least every four years by 2465 |
|---|
| 5354 | + | the Department of Transportation in compliance with the requirements 2466 |
|---|
| 5355 | + | of 23 USC 135, listing all transportation projects in the state expected to 2467 |
|---|
| 5356 | + | receive federal funding during the four-year period covered by the 2468 |
|---|
| 5357 | + | program; and 2469 |
|---|
| 5358 | + | (13) "Transit station" means any passenger railroad station or bus 2470 |
|---|
| 5359 | + | rapid transit station that is operational, or for which the Department of 2471 |
|---|
| 5360 | + | Transportation has initiated planning or that is included in the state-2472 |
|---|
| 5361 | + | wide transportation investment program, that is or will be located 2473 |
|---|
| 5362 | + | within the boundaries of a member municipality or the municipalities 2474 |
|---|
| 5363 | + | constituting a joint member entity. 2475 |
|---|
| 5364 | + | Bill No. |
|---|
| 5365 | + | |
|---|
| 5366 | + | |
|---|
| 5367 | + | |
|---|
| 5368 | + | LCO No. 5697 120 of 350 |
|---|
| 5369 | + | |
|---|
| 5370 | + | Sec. 84. (NEW) (Effective October 1, 2024) The authority may establish 2476 |
|---|
| 5371 | + | criteria to evaluate any potential impact of an authority development 2477 |
|---|
| 5372 | + | project. Such criteria shall include, but not be limited to, the impact the 2478 |
|---|
| 5373 | + | proposed project may have on the tax base of a municipality, or the 2479 |
|---|
| 5374 | + | combined tax bases of two or more municipalities, as applicable to such 2480 |
|---|
| 5375 | + | project. 2481 |
|---|
| 5376 | + | Sec. 85. (NEW) (Effective October 1, 2024) The authority shall offer 2482 |
|---|
| 5377 | + | technical support to any member municipality or joint member entity in 2483 |
|---|
| 5378 | + | the development of project criteria and local regulations intended to 2484 |
|---|
| 5379 | + | substantially increase housing production if such technical support is 2485 |
|---|
| 5380 | + | requested by such municipality or entity. 2486 |
|---|
| 5381 | + | Sec. 86. Subdivision (5) of section 1-79 of the 2024 supplement to the 2487 |
|---|
| 5382 | + | general statutes is repealed and the following is substituted in lieu 2488 |
|---|
| 5383 | + | thereof (Effective July 1, 2024): 2489 |
|---|
| 5384 | + | (5) "Gift" means anything of value, which is directly and personally 2490 |
|---|
| 5385 | + | received, unless consideration of equal or greater value is given in 2491 |
|---|
| 5386 | + | return. "Gift" does not include: 2492 |
|---|
| 5387 | + | (A) A political contribution otherwise reported as required by law or 2493 |
|---|
| 5388 | + | a donation or payment as described in subdivision (9) or (10) of 2494 |
|---|
| 5389 | + | subsection (b) of section 9-601a; 2495 |
|---|
| 5390 | + | (B) Services provided by persons volunteering their time, if provided 2496 |
|---|
| 5391 | + | to aid or promote the success or defeat of any political party, any 2497 |
|---|
| 5392 | + | candidate or candidates for public office or the position of convention 2498 |
|---|
| 5393 | + | delegate or town committee member or any referendum question; 2499 |
|---|
| 5394 | + | (C) A commercially reasonable loan made on terms not more 2500 |
|---|
| 5395 | + | favorable than loans made in the ordinary course of business; 2501 |
|---|
| 5396 | + | (D) A gift received from (i) an individual's spouse, fiancé or fiancée, 2502 |
|---|
| 5397 | + | (ii) the parent, grandparent, brother or sister of such spouse or such 2503 |
|---|
| 5398 | + | individual, or (iii) the child of such individual or the spouse of such 2504 |
|---|
| 5399 | + | Bill No. |
|---|
| 5400 | + | |
|---|
| 5401 | + | |
|---|
| 5402 | + | |
|---|
| 5403 | + | LCO No. 5697 121 of 350 |
|---|
| 5404 | + | |
|---|
| 5405 | + | child; 2505 |
|---|
| 5406 | + | (E) Goods or services (i) that are provided to a state agency or quasi-2506 |
|---|
| 5407 | + | public agency (I) for use on state or quasi-public agency property, or (II) 2507 |
|---|
| 5408 | + | that support an event or the participation by a public official or state 2508 |
|---|
| 5409 | + | employee at an event, and (ii) that facilitate state or quasi-public agency 2509 |
|---|
| 5410 | + | action or functions. As used in this subparagraph, "state property" 2510 |
|---|
| 5411 | + | means property owned by the state or a quasi-public agency or property 2511 |
|---|
| 5412 | + | leased to a state agency or quasi-public agency; 2512 |
|---|
| 5413 | + | (F) A certificate, plaque or other ceremonial award costing less than 2513 |
|---|
| 5414 | + | one hundred dollars; 2514 |
|---|
| 5415 | + | (G) A rebate, discount or promotional item available to the general 2515 |
|---|
| 5416 | + | public; 2516 |
|---|
| 5417 | + | (H) Printed or recorded informational material germane to state 2517 |
|---|
| 5418 | + | action or functions; 2518 |
|---|
| 5419 | + | (I) Food or beverage or both, costing less than fifty dollars in the 2519 |
|---|
| 5420 | + | aggregate per recipient in a calendar year, and consumed on an occasion 2520 |
|---|
| 5421 | + | or occasions at which the person paying, directly or indirectly, for the 2521 |
|---|
| 5422 | + | food or beverage, or his representative, is in attendance; 2522 |
|---|
| 5423 | + | (J) Food or beverage or both, costing less than fifty dollars per person 2523 |
|---|
| 5424 | + | and consumed at a publicly noticed legislative reception to which all 2524 |
|---|
| 5425 | + | members of the General Assembly are invited and which is hosted not 2525 |
|---|
| 5426 | + | more than once in any calendar year by a lobbyist or business 2526 |
|---|
| 5427 | + | organization. For the purposes of such limit, (i) a reception hosted by a 2527 |
|---|
| 5428 | + | lobbyist who is an individual shall be deemed to have also been hosted 2528 |
|---|
| 5429 | + | by the business organization which such lobbyist owns or is employed 2529 |
|---|
| 5430 | + | by, and (ii) a reception hosted by a business organization shall be 2530 |
|---|
| 5431 | + | deemed to have also been hosted by all owners and employees of the 2531 |
|---|
| 5432 | + | business organization who are lobbyists. In making the calculation for 2532 |
|---|
| 5433 | + | the purposes of such fifty-dollar limit, the donor shall divide the amount 2533 |
|---|
| 5434 | + | spent on food and beverage by the number of persons whom the donor 2534 |
|---|
| 5435 | + | Bill No. |
|---|
| 5436 | + | |
|---|
| 5437 | + | |
|---|
| 5438 | + | |
|---|
| 5439 | + | LCO No. 5697 122 of 350 |
|---|
| 5440 | + | |
|---|
| 5441 | + | reasonably expects to attend the reception; 2535 |
|---|
| 5442 | + | (K) Food or beverage or both, costing less than fifty dollars per person 2536 |
|---|
| 5443 | + | and consumed at a publicly noticed reception to which all members of 2537 |
|---|
| 5444 | + | the General Assembly from a region of the state are invited and which 2538 |
|---|
| 5445 | + | is hosted not more than once in any calendar year by a lobbyist or 2539 |
|---|
| 5446 | + | business organization. For the purposes of such limit, (i) a reception 2540 |
|---|
| 5447 | + | hosted by a lobbyist who is an individual shall be deemed to have also 2541 |
|---|
| 5448 | + | been hosted by the business organization which such lobbyist owns or 2542 |
|---|
| 5449 | + | is employed by, and (ii) a reception hosted by a business organization 2543 |
|---|
| 5450 | + | shall be deemed to have also been hosted by all owners and employees 2544 |
|---|
| 5451 | + | of the business organization who are lobbyists. In making the 2545 |
|---|
| 5452 | + | calculation for the purposes of such fifty-dollar limit, the donor shall 2546 |
|---|
| 5453 | + | divide the amount spent on food and beverage by the number of 2547 |
|---|
| 5454 | + | persons whom the donor reasonably expects to attend the reception. As 2548 |
|---|
| 5455 | + | used in this subparagraph, "region of the state" means the established 2549 |
|---|
| 5456 | + | geographic service area of the organization hosting the reception; 2550 |
|---|
| 5457 | + | (L) A gift, including, but not limited to, food or beverage or both, 2551 |
|---|
| 5458 | + | provided by an individual for the celebration of a major life event, 2552 |
|---|
| 5459 | + | provided any such gift provided by an individual who is not a member 2553 |
|---|
| 5460 | + | of the family of the recipient does not exceed one thousand dollars in 2554 |
|---|
| 5461 | + | value; 2555 |
|---|
| 5462 | + | (M) Gifts costing less than one hundred dollars in the aggregate or 2556 |
|---|
| 5463 | + | food or beverage provided at a hospitality suite at a meeting or 2557 |
|---|
| 5464 | + | conference of an interstate legislative association, by a person who is not 2558 |
|---|
| 5465 | + | a registrant or is not doing business with the state of Connecticut; 2559 |
|---|
| 5466 | + | (N) Admission to a charitable or civic event, including food and 2560 |
|---|
| 5467 | + | beverage provided at such event, but excluding lodging or travel 2561 |
|---|
| 5468 | + | expenses, at which a public official or state employee participates in his 2562 |
|---|
| 5469 | + | or her official capacity, provided such admission is provided by the 2563 |
|---|
| 5470 | + | primary sponsoring entity; 2564 |
|---|
| 5471 | + | (O) Anything of value provided by an employer of (i) a public official, 2565 |
|---|
| 5472 | + | Bill No. |
|---|
| 5473 | + | |
|---|
| 5474 | + | |
|---|
| 5475 | + | |
|---|
| 5476 | + | LCO No. 5697 123 of 350 |
|---|
| 5477 | + | |
|---|
| 5478 | + | (ii) a state employee, or (iii) a spouse of a public official or state 2566 |
|---|
| 5479 | + | employee, to such official, employee or spouse, provided such benefits 2567 |
|---|
| 5480 | + | are customarily and ordinarily provided to others in similar 2568 |
|---|
| 5481 | + | circumstances; 2569 |
|---|
| 5482 | + | (P) Anything having a value of not more than ten dollars, provided 2570 |
|---|
| 5483 | + | the aggregate value of all things provided by a donor to a recipient 2571 |
|---|
| 5484 | + | under this subdivision in any calendar year does not exceed fifty dollars; 2572 |
|---|
| 5485 | + | (Q) Training that is provided by a vendor for a product purchased by 2573 |
|---|
| 5486 | + | a state or quasi-public agency that is offered to all customers of such 2574 |
|---|
| 5487 | + | vendor; 2575 |
|---|
| 5488 | + | (R) Travel expenses, lodging, food, beverage and other benefits 2576 |
|---|
| 5489 | + | customarily provided by a prospective employer, when provided to a 2577 |
|---|
| 5490 | + | student at a public institution of higher education whose employment 2578 |
|---|
| 5491 | + | is derived from such student's status as a student at such institution, in 2579 |
|---|
| 5492 | + | connection with bona fide employment discussions; [or] 2580 |
|---|
| 5493 | + | (S) Expenses of a public official, paid by the party committee of which 2581 |
|---|
| 5494 | + | party such official is a member, for the purpose of accomplishing the 2582 |
|---|
| 5495 | + | lawful purposes of the committee. As used in this subparagraph, "party 2583 |
|---|
| 5496 | + | committee" has the same meaning as provided in subdivision (2) of 2584 |
|---|
| 5497 | + | section 9-601 and "lawful purposes of the committee" has the same 2585 |
|---|
| 5498 | + | meaning as provided in subsection (g) of section 9-607; or 2586 |
|---|
| 5499 | + | (T) Travel expenses, lodging, food, beverage and other benefits 2587 |
|---|
| 5500 | + | customarily provided in the course of employment, when provided to a 2588 |
|---|
| 5501 | + | public member of the Investment Advisory Council established under 2589 |
|---|
| 5502 | + | section 3-13b. 2590 |
|---|
| 5503 | + | Sec. 87. Sections 10a-19e, 10a-19f, 10a-19i, 10a-162a, 10a-164b, 10a-167, 2591 |
|---|
| 5504 | + | 10a-169b and 19a-7d of the general statutes are repealed. (Effective July 2592 |
|---|
| 5505 | + | 1, 2024) 2593 |
|---|
| 5506 | + | Sec. 88. Section 10a-19j of the 2024 supplement to the general statutes 2594 |
|---|
| 5507 | + | Bill No. |
|---|
| 5508 | + | |
|---|
| 5509 | + | |
|---|
| 5510 | + | |
|---|
| 5511 | + | LCO No. 5697 124 of 350 |
|---|
| 5512 | + | |
|---|
| 5513 | + | is repealed. (Effective July 1, 2024) 2595 |
|---|
| 5514 | + | Sec. 89. Section 15-31k of the general statutes is repealed and the 2596 |
|---|
| 5515 | + | following is substituted in lieu thereof (Effective from passage): 2597 |
|---|
| 5516 | + | On or before October 1, 2021, and quarterly thereafter, the executive 2598 |
|---|
| 5517 | + | director of the Connecticut Port Authority shall submit a report 2599 |
|---|
| 5518 | + | regarding the status of pending and current contracts, small harbor 2600 |
|---|
| 5519 | + | projects and the construction project at the State Pier in the town of New 2601 |
|---|
| 5520 | + | London to the joint standing committee of the General Assembly having 2602 |
|---|
| 5521 | + | cognizance of matters relating to transportation, in accordance with the 2603 |
|---|
| 5522 | + | provisions of section 11-4a. [The Commissioner of Administrative 2604 |
|---|
| 5523 | + | Services and the Secretary of the Office of Policy and Management shall 2605 |
|---|
| 5524 | + | jointly review and comment on each such report before such report is 2606 |
|---|
| 5525 | + | submitted to the committee.] 2607 |
|---|
| 5526 | + | Sec. 90. (Effective from passage) Wherever the term "executive director 2608 |
|---|
| 5527 | + | of the Office of Higher Education" is used or referred to in any public or 2609 |
|---|
| 5528 | + | special act of 2024, the term "Commissioner of Higher Education" shall 2610 |
|---|
| 5529 | + | be substituted in lieu thereof. 2611 |
|---|
| 5530 | + | Sec. 91. (Effective from passage) Wherever the term "executive director 2612 |
|---|
| 5531 | + | of the Office of Health Strategy" is used or referred to in any public or 2613 |
|---|
| 5532 | + | special act of 2024, the term "Commissioner of Health Strategy" shall be 2614 |
|---|
| 5533 | + | substituted in lieu thereof. 2615 |
|---|
| 5534 | + | Sec. 92. Subsection (c) of section 4-28e of the general statutes is 2616 |
|---|
| 5535 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 2617 |
|---|
| 5536 | + | 2024): 2618 |
|---|
| 5537 | + | (c) Commencing with the fiscal year ending June 30, 2023, annual 2619 |
|---|
| 5538 | + | disbursements from the Tobacco Settlement Fund shall be made as 2620 |
|---|
| 5539 | + | follows: (1) To the Tobacco and Health Trust Fund in an amount equal 2621 |
|---|
| 5540 | + | to twelve million dollars; and (2) the remainder to the General Fund; 2622 |
|---|
| 5541 | + | except that for the fiscal year ending June 30, 2025, the annual 2623 |
|---|
| 5542 | + | disbursement from the Tobacco Settlement Fund shall be made to the 2624 |
|---|
| 5543 | + | Bill No. |
|---|
| 5544 | + | |
|---|
| 5545 | + | |
|---|
| 5546 | + | |
|---|
| 5547 | + | LCO No. 5697 125 of 350 |
|---|
| 5548 | + | |
|---|
| 5549 | + | General Fund. 2625 |
|---|
| 5550 | + | Sec. 93. Subsection (c) of section 17b-274 of the general statutes is 2626 |
|---|
| 5551 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 2627 |
|---|
| 5552 | + | 2024): 2628 |
|---|
| 5553 | + | (c) The Commissioner of Social Services shall implement a procedure 2629 |
|---|
| 5554 | + | by which a pharmacist shall obtain approval from an independent 2630 |
|---|
| 5555 | + | pharmacy consultant acting on behalf of the Department of Social 2631 |
|---|
| 5556 | + | Services, under an administrative services only contract, whenever the 2632 |
|---|
| 5557 | + | pharmacist dispenses a brand name drug product to a medical 2633 |
|---|
| 5558 | + | assistance recipient and a chemically equivalent generic drug product 2634 |
|---|
| 5559 | + | substitution is available. The length of authorization for brand name 2635 |
|---|
| 5560 | + | drugs shall be in accordance with section 17b-491a. In cases where the 2636 |
|---|
| 5561 | + | brand name drug is less costly than the chemically equivalent generic 2637 |
|---|
| 5562 | + | drug when factoring in manufacturers' rebates, the pharmacist shall 2638 |
|---|
| 5563 | + | dispense the brand name drug. If such approval is not granted or denied 2639 |
|---|
| 5564 | + | within [two] twenty-four hours of receipt by the commissioner of the 2640 |
|---|
| 5565 | + | request for approval, it shall be deemed granted. Notwithstanding any 2641 |
|---|
| 5566 | + | provision of this section, a pharmacist shall not dispense any initial 2642 |
|---|
| 5567 | + | maintenance drug prescription for which there is a chemically 2643 |
|---|
| 5568 | + | equivalent generic substitution that is for less than fifteen days without 2644 |
|---|
| 5569 | + | the department's granting of prior authorization, provided prior 2645 |
|---|
| 5570 | + | authorization shall not otherwise be required for atypical antipsychotic 2646 |
|---|
| 5571 | + | drugs if the individual is currently taking such drug at the time the 2647 |
|---|
| 5572 | + | pharmacist receives the prescription. The pharmacist may appeal a 2648 |
|---|
| 5573 | + | denial of reimbursement to the department based on the failure of such 2649 |
|---|
| 5574 | + | pharmacist to substitute a generic drug product in accordance with this 2650 |
|---|
| 5575 | + | section. 2651 |
|---|
| 5576 | + | Sec. 94. Subsection (b) of section 17b-491a of the general statutes is 2652 |
|---|
| 5577 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 2653 |
|---|
| 5578 | + | 2024): 2654 |
|---|
| 5579 | + | (b) When prior authorization is required for coverage of a 2655 |
|---|
| 5580 | + | Bill No. |
|---|
| 5581 | + | |
|---|
| 5582 | + | |
|---|
| 5583 | + | |
|---|
| 5584 | + | LCO No. 5697 126 of 350 |
|---|
| 5585 | + | |
|---|
| 5586 | + | prescription drug under a medical assistance program administered by 2656 |
|---|
| 5587 | + | the Department of Social Services and a pharmacist is unable to obtain 2657 |
|---|
| 5588 | + | the prescribing physician's authorization at the time the prescription is 2658 |
|---|
| 5589 | + | presented to be filled, the pharmacist shall dispense a one-time 2659 |
|---|
| 5590 | + | fourteen-day supply. The commissioner shall process a prior 2660 |
|---|
| 5591 | + | authorization request from a physician or pharmacist not later than 2661 |
|---|
| 5592 | + | [two] twenty-four hours after the commissioner's receipt of the request. 2662 |
|---|
| 5593 | + | If prior authorization is not granted or denied within [two] twenty-four 2663 |
|---|
| 5594 | + | hours of receipt by the commissioner of the request for prior 2664 |
|---|
| 5595 | + | authorization, it shall be deemed granted. 2665 |
|---|
| 5596 | + | Sec. 95. Subsection (b) of section 4-28e of the general statutes is 2666 |
|---|
| 5597 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 2667 |
|---|
| 5598 | + | 2025): 2668 |
|---|
| 5599 | + | (b) (1) The Treasurer is authorized to invest all or any part of the 2669 |
|---|
| 5600 | + | Tobacco Settlement Fund [,] and all or any part of the Tobacco and 2670 |
|---|
| 5601 | + | Health Trust Fund created [in] under section 4-28f. [and all or any part 2671 |
|---|
| 5602 | + | of the Biomedical Research Trust Fund created in section 19a-32c.] The 2672 |
|---|
| 5603 | + | interest derived from any such investment shall be credited to the 2673 |
|---|
| 5604 | + | resources of the fund from which the investment was made. 2674 |
|---|
| 5605 | + | (2) Notwithstanding sections 3-13 to 3-13h, inclusive, the Treasurer 2675 |
|---|
| 5606 | + | shall invest the amounts on deposit in the Tobacco Settlement Fund [,] 2676 |
|---|
| 5607 | + | and the Tobacco and Health Trust Fund [and the Biomedical Research 2677 |
|---|
| 5608 | + | Trust Fund] in a manner reasonable and appropriate to achieve the 2678 |
|---|
| 5609 | + | objectives of such funds, exercising the discretion and care of a prudent 2679 |
|---|
| 5610 | + | person in similar circumstances with similar objectives. The Treasurer 2680 |
|---|
| 5611 | + | shall give due consideration to rate of return, risk, term or maturity, 2681 |
|---|
| 5612 | + | diversification of the total portfolio within such funds, liquidity, the 2682 |
|---|
| 5613 | + | projected disbursements and expenditures, and the expected payments, 2683 |
|---|
| 5614 | + | deposits, contributions and gifts to be received. The Treasurer shall not 2684 |
|---|
| 5615 | + | be required to invest such funds directly in obligations of the state or 2685 |
|---|
| 5616 | + | any political subdivision of the state or in any investment or other fund 2686 |
|---|
| 5617 | + | administered by the Treasurer. The assets of such funds shall be 2687 |
|---|
| 5618 | + | Bill No. |
|---|
| 5619 | + | |
|---|
| 5620 | + | |
|---|
| 5621 | + | |
|---|
| 5622 | + | LCO No. 5697 127 of 350 |
|---|
| 5623 | + | |
|---|
| 5624 | + | continuously invested and reinvested in a manner consistent with the 2688 |
|---|
| 5625 | + | objectives of such funds until disbursed in accordance with this section 2689 |
|---|
| 5626 | + | [,] or section 4-28f. [or section 19a-32c.] 2690 |
|---|
| 5627 | + | Sec. 96. (Effective from passage) Not later than June 30, 2025, the 2691 |
|---|
| 5628 | + | Comptroller shall transfer the balance remaining in the Biomedical 2692 |
|---|
| 5629 | + | Research Trust Fund, created pursuant to section 19a-32c of the general 2693 |
|---|
| 5630 | + | statutes, to the General Fund. 2694 |
|---|
| 5631 | + | Sec. 97. Section 19a-32c of the general statutes is repealed. (Effective 2695 |
|---|
| 5632 | + | July 1, 2025) 2696 |
|---|
| 5633 | + | Sec. 98. Section 19a-186a of the general statutes is repealed and the 2697 |
|---|
| 5634 | + | following is substituted in lieu thereof (Effective from passage): 2698 |
|---|
| 5635 | + | (a) Any individual employed on June 30, 2010, as a regional 2699 |
|---|
| 5636 | + | emergency medical services coordinator or as an assistant regional 2700 |
|---|
| 5637 | + | emergency medical services coordinator shall be offered an unclassified 2701 |
|---|
| 5638 | + | durational position within the Department of Public Health for the 2702 |
|---|
| 5639 | + | period from July 1, 2010, to June 30, 2011, inclusive, provided no more 2703 |
|---|
| 5640 | + | than five unclassified durational positions shall be created. Within 2704 |
|---|
| 5641 | + | available appropriations, such unclassified durational positions may be 2705 |
|---|
| 5642 | + | extended beyond June 30, 2011. The Commissioner of Administrative 2706 |
|---|
| 5643 | + | Services shall establish job classifications and salaries for such positions 2707 |
|---|
| 5644 | + | in accordance with the provisions of section 4-40. Any such created 2708 |
|---|
| 5645 | + | positions shall be exempt from collective bargaining requirements and 2709 |
|---|
| 5646 | + | no individual appointed to such position shall have reemployment or 2710 |
|---|
| 5647 | + | any other rights that may have been extended to unclassified employees 2711 |
|---|
| 5648 | + | under a State Employees' Bargaining Agent Coalition agreement. 2712 |
|---|
| 5649 | + | Individuals employed in such unclassified durational positions shall be 2713 |
|---|
| 5650 | + | located at the offices of the Department of Public Health. In no event 2714 |
|---|
| 5651 | + | shall an individual employed in an unclassified durational position 2715 |
|---|
| 5652 | + | pursuant to this section receive credit for any purpose for services 2716 |
|---|
| 5653 | + | performed prior to July 1, 2010. 2717 |
|---|
| 5654 | + | (b) On and after June 30, 2024, the Commissioner of Administrative 2718 |
|---|
| 5655 | + | Bill No. |
|---|
| 5656 | + | |
|---|
| 5657 | + | |
|---|
| 5658 | + | |
|---|
| 5659 | + | LCO No. 5697 128 of 350 |
|---|
| 5660 | + | |
|---|
| 5661 | + | Services, in consultation with the Commissioner of Public Health, shall 2719 |
|---|
| 5662 | + | transition the regional emergency medical services coordinator and 2720 |
|---|
| 5663 | + | assistant regional emergency medical services coordinator positions 2721 |
|---|
| 5664 | + | and incumbents into the classified service. To the extent such employees 2722 |
|---|
| 5665 | + | are performing jobs which would normally be within a current 2723 |
|---|
| 5666 | + | executive branch bargaining unit, such jobs shall be added to the unit 2724 |
|---|
| 5667 | + | descriptions of such bargaining unit and employees in those jobs shall 2725 |
|---|
| 5668 | + | be deemed part of such unit. 2726 |
|---|
| 5669 | + | Sec. 99. (NEW) (Effective from passage) (a) For purposes of this section, 2727 |
|---|
| 5670 | + | "state agency" has the same meaning as provided in section 4-67n of the 2728 |
|---|
| 5671 | + | general statutes. Any person requesting data, records or files that have 2729 |
|---|
| 5672 | + | been shared by one state agency with another state agency pursuant to 2730 |
|---|
| 5673 | + | any statute, regulation, data sharing agreement, memorandum of 2731 |
|---|
| 5674 | + | agreement or understanding or court order, including, but not limited 2732 |
|---|
| 5675 | + | to, a request made pursuant to the Freedom of Information Act, as 2733 |
|---|
| 5676 | + | defined in section 1-200 of the general statutes, shall direct such request 2734 |
|---|
| 5677 | + | to the state agency from which such data, records or files originated. 2735 |
|---|
| 5678 | + | (b) Notwithstanding the provisions of chapter 14 of the general 2736 |
|---|
| 5679 | + | statutes, if a state agency that is not the originating state agency receives 2737 |
|---|
| 5680 | + | a request for data, records or files as described in subsection (a) of this 2738 |
|---|
| 5681 | + | section, such state agency shall (1) promptly refer such request to the 2739 |
|---|
| 5682 | + | state agency from which such data, records or files originated, and (2) 2740 |
|---|
| 5683 | + | notify, in writing, the person who submitted the request for such data, 2741 |
|---|
| 5684 | + | records or files that such request has been referred to the originating 2742 |
|---|
| 5685 | + | state agency. Such written notification shall include the name, address 2743 |
|---|
| 5686 | + | and telephone number of the originating state agency and the date on 2744 |
|---|
| 5687 | + | which the referral was made to the originating state agency. 2745 |
|---|
| 5688 | + | (c) Nothing in this section shall be construed to require the disclosure 2746 |
|---|
| 5689 | + | of any data, records or files if the disclosure of such data, records or files 2747 |
|---|
| 5690 | + | would not have been required had the request been made directly to the 2748 |
|---|
| 5691 | + | state agency from which such data, records or files originated. 2749 |
|---|
| 5692 | + | Bill No. |
|---|
| 5693 | + | |
|---|
| 5694 | + | |
|---|
| 5695 | + | |
|---|
| 5696 | + | LCO No. 5697 129 of 350 |
|---|
| 5697 | + | |
|---|
| 5698 | + | (d) The provisions of this section shall not apply to requests for any 2750 |
|---|
| 5699 | + | data that is subject to the provisions of subsection (b) of section 54-142r 2751 |
|---|
| 5700 | + | of the general statutes. 2752 |
|---|
| 5701 | + | Sec. 100. Subsection (c) of section 3-70a of the general statutes is 2753 |
|---|
| 5702 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 2754 |
|---|
| 5703 | + | 2024): 2755 |
|---|
| 5704 | + | (c) (1) (A) No agreement entered into prior to January 1, 2023, to 2756 |
|---|
| 5705 | + | locate property shall be valid if: (i) Such agreement is entered into (I) 2757 |
|---|
| 5706 | + | within two years after the date a report of unclaimed property is 2758 |
|---|
| 5707 | + | required to be filed under section 3-65a, or (II) between the date such a 2759 |
|---|
| 5708 | + | report is required to be filed under said section and the date it is filed 2760 |
|---|
| 5709 | + | under said section, whichever period is longer; (ii) such agreement is 2761 |
|---|
| 5710 | + | entered into within two years after the date of posting of the notice 2762 |
|---|
| 5711 | + | required by section 3-66a; or (iii) pursuant to such agreement, any 2763 |
|---|
| 5712 | + | person undertakes to locate property included in a report of unclaimed 2764 |
|---|
| 5713 | + | property that is required to be filed under section 3-65a for a fee or other 2765 |
|---|
| 5714 | + | compensation exceeding ten per cent of the value of the recoverable 2766 |
|---|
| 5715 | + | property. 2767 |
|---|
| 5716 | + | (B) No agreement entered into on or after January 1, 2023, to locate 2768 |
|---|
| 5717 | + | property shall be valid if: (i) Such agreement is entered into (I) within 2769 |
|---|
| 5718 | + | two years after the date a report of unclaimed property is required to be 2770 |
|---|
| 5719 | + | filed under section 3-65a, or (II) between the date such a report is 2771 |
|---|
| 5720 | + | required to be filed under said section and the date it is filed under said 2772 |
|---|
| 5721 | + | section, whichever period is longer; or (ii) pursuant to such agreement, 2773 |
|---|
| 5722 | + | any person undertakes to locate property included in a report of 2774 |
|---|
| 5723 | + | unclaimed property that is required to be filed under section 3-65a for a 2775 |
|---|
| 5724 | + | fee or other compensation exceeding ten per cent of the value of the 2776 |
|---|
| 5725 | + | recoverable property. 2777 |
|---|
| 5726 | + | (2) [An] (A) In addition to the requirements set forth in subparagraph 2778 |
|---|
| 5727 | + | (B) of subdivision (1) of this subsection, an agreement entered into prior 2779 |
|---|
| 5728 | + | to January 1, 2025, to locate property shall be valid only if it is in writing, 2780 |
|---|
| 5729 | + | Bill No. |
|---|
| 5730 | + | |
|---|
| 5731 | + | |
|---|
| 5732 | + | |
|---|
| 5733 | + | LCO No. 5697 130 of 350 |
|---|
| 5734 | + | |
|---|
| 5735 | + | is signed by the owner [,] and discloses the nature and value of the 2781 |
|---|
| 5736 | + | property, and the owner's share after the fee or compensation has been 2782 |
|---|
| 5737 | + | subtracted is clearly stipulated. [Nothing in this section shall be 2783 |
|---|
| 5738 | + | construed to prevent an owner from asserting, at any time, that any 2784 |
|---|
| 5739 | + | agreement to locate property is based upon excessive or unjust 2785 |
|---|
| 5740 | + | consideration.] 2786 |
|---|
| 5741 | + | (B) In addition to the requirements set forth in subparagraph (B) of 2787 |
|---|
| 5742 | + | subdivision (1) of this subsection, an agreement entered into on or after 2788 |
|---|
| 5743 | + | January 1, 2025, to locate property shall be valid only if such agreement 2789 |
|---|
| 5744 | + | is in writing, is signed by the owner and clearly and conspicuously 2790 |
|---|
| 5745 | + | discloses (i) the nature and value of the property, (ii) the owner's share 2791 |
|---|
| 5746 | + | after the fee or compensation has been subtracted from such value, and 2792 |
|---|
| 5747 | + | (iii) that the owner may file a claim directly with the Treasurer at no cost 2793 |
|---|
| 5748 | + | and the method through which such claim may be filed. 2794 |
|---|
| 5749 | + | (3) Any solicitation made to locate unclaimed property shall clearly 2795 |
|---|
| 5750 | + | and conspicuously disclose in a written statement that (A) any 2796 |
|---|
| 5751 | + | individual may search for and file a claim for such property directly 2797 |
|---|
| 5752 | + | with the Treasurer at no cost, and (B) the method through which such 2798 |
|---|
| 5753 | + | claim may be filed. 2799 |
|---|
| 5754 | + | (4) Any claim for unclaimed property filed with the Treasurer 2800 |
|---|
| 5755 | + | pursuant to an agreement or solicitation under this subsection, shall 2801 |
|---|
| 5756 | + | include an unredacted version of any such agreement or solicitation to 2802 |
|---|
| 5757 | + | permit the Treasurer to determine whether such agreement or 2803 |
|---|
| 5758 | + | solicitation complies with the requirements of this subsection. 2804 |
|---|
| 5759 | + | (5) The Treasurer may withhold payment of a claim for unclaimed 2805 |
|---|
| 5760 | + | property to anyone other than the owner (A) for failure to comply with 2806 |
|---|
| 5761 | + | the requirements of subdivision (4) of this subsection, or (B) if the 2807 |
|---|
| 5762 | + | Treasurer determines that the solicitation or agreement to locate 2808 |
|---|
| 5763 | + | unclaimed property does not comply with any other requirement of this 2809 |
|---|
| 5764 | + | section. 2810 |
|---|
| 5765 | + | (6) Nothing in this section shall be construed to prevent an owner 2811 |
|---|
| 5766 | + | Bill No. |
|---|
| 5767 | + | |
|---|
| 5768 | + | |
|---|
| 5769 | + | |
|---|
| 5770 | + | LCO No. 5697 131 of 350 |
|---|
| 5771 | + | |
|---|
| 5772 | + | from asserting, at any time, that an agreement to locate or to otherwise 2812 |
|---|
| 5773 | + | obtain an interest in unclaimed property is based upon excessive or 2813 |
|---|
| 5774 | + | unjust consideration. 2814 |
|---|
| 5775 | + | Sec. 101. Subsection (c) of section 38a-511 of the general statutes is 2815 |
|---|
| 5776 | + | repealed and the following is substituted in lieu thereof (Effective January 2816 |
|---|
| 5777 | + | 1, 2025): 2817 |
|---|
| 5778 | + | (c) The provisions of subsections (a) and (b) of this section shall not 2818 |
|---|
| 5779 | + | apply to a high deductible health plan as that term is used in subsection 2819 |
|---|
| 5780 | + | (f) of section 38a-493 and a copayment-only health plan. For purposes 2820 |
|---|
| 5781 | + | of this section, "copayment-only health plan" means a health plan that 2821 |
|---|
| 5782 | + | imposes a specific dollar amount to be paid by the insured for a health 2822 |
|---|
| 5783 | + | care service or prescription drug paid for or reimbursed by such health 2823 |
|---|
| 5784 | + | plan. "Copayment-only health plan" does not include deductibles or 2824 |
|---|
| 5785 | + | coinsurance. 2825 |
|---|
| 5786 | + | Sec. 102. Section 38a-511a of the general statutes is repealed and the 2826 |
|---|
| 5787 | + | following is substituted in lieu thereof (Effective January 1, 2025): 2827 |
|---|
| 5788 | + | No individual health insurance policy providing coverage of the type 2828 |
|---|
| 5789 | + | specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 2829 |
|---|
| 5790 | + | delivered, issued for delivery, renewed, amended or continued in this 2830 |
|---|
| 5791 | + | state shall impose copayments that exceed a maximum of thirty dollars 2831 |
|---|
| 5792 | + | per visit for in-network (1) physical therapy services rendered by a 2832 |
|---|
| 5793 | + | physical therapist licensed under section 20-73, or (2) occupational 2833 |
|---|
| 5794 | + | therapy services rendered by an occupational therapist licensed under 2834 |
|---|
| 5795 | + | section 20-74b or 20-74c. The provisions of this section shall not apply to 2835 |
|---|
| 5796 | + | a copayment-only health plan as that term is used in subsection (c) of 2836 |
|---|
| 5797 | + | section 38a-511. 2837 |
|---|
| 5798 | + | Sec. 103. Subsection (c) of section 38a-550 of the general statutes is 2838 |
|---|
| 5799 | + | repealed and the following is substituted in lieu thereof (Effective January 2839 |
|---|
| 5800 | + | 1, 2025): 2840 |
|---|
| 5801 | + | (c) The provisions of subsections (a) and (b) of this section shall not 2841 |
|---|
| 5802 | + | Bill No. |
|---|
| 5803 | + | |
|---|
| 5804 | + | |
|---|
| 5805 | + | |
|---|
| 5806 | + | LCO No. 5697 132 of 350 |
|---|
| 5807 | + | |
|---|
| 5808 | + | apply to a high deductible health plan as that term is used in subsection 2842 |
|---|
| 5809 | + | (f) of section 38a-520 and a copayment-only health plan as that term is 2843 |
|---|
| 5810 | + | used in subsection (c) of section 38a-511. 2844 |
|---|
| 5811 | + | Sec. 104. Section 38a-550a of the general statutes is repealed and the 2845 |
|---|
| 5812 | + | following is substituted in lieu thereof (Effective January 1, 2025): 2846 |
|---|
| 5813 | + | No group health insurance policy providing coverage of the type 2847 |
|---|
| 5814 | + | specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 2848 |
|---|
| 5815 | + | delivered, issued for delivery, renewed, amended or continued in this 2849 |
|---|
| 5816 | + | state shall impose copayments that exceed a maximum of thirty dollars 2850 |
|---|
| 5817 | + | per visit for in-network (1) physical therapy services rendered by a 2851 |
|---|
| 5818 | + | physical therapist licensed under section 20-73, or (2) occupational 2852 |
|---|
| 5819 | + | therapy services rendered by an occupational therapist licensed under 2853 |
|---|
| 5820 | + | section 20-74b or 20-74c. The provisions of this section shall not apply to 2854 |
|---|
| 5821 | + | a copayment-only health plan as that term is used in subsection (c) of 2855 |
|---|
| 5822 | + | section 38a-511. 2856 |
|---|
| 5823 | + | Sec. 105. Section 17b-342 of the general statutes, as amended by 2857 |
|---|
| 5824 | + | section 10 of substitute house bill 5001 of the current session, as 2858 |
|---|
| 5825 | + | amended by House Amendment Schedule "A", is repealed and the 2859 |
|---|
| 5826 | + | following is substituted in lieu thereof (Effective July 1, 2024): 2860 |
|---|
| 5827 | + | (a) The Commissioner of Social Services shall administer the 2861 |
|---|
| 5828 | + | Connecticut home-care program for the elderly state-wide in order to 2862 |
|---|
| 5829 | + | prevent the institutionalization of elderly persons who (1) are recipients 2863 |
|---|
| 5830 | + | of medical assistance, (2) are eligible for such assistance, (3) would be 2864 |
|---|
| 5831 | + | eligible for medical assistance if residing in a nursing facility, or (4) meet 2865 |
|---|
| 5832 | + | the criteria for the state-funded portion of the program under subsection 2866 |
|---|
| 5833 | + | (j) of this section. For purposes of this section, "long-term care facility" 2867 |
|---|
| 5834 | + | means a facility that has been federally certified as a skilled nursing 2868 |
|---|
| 5835 | + | facility or intermediate care facility. The commissioner shall make any 2869 |
|---|
| 5836 | + | revisions in the state Medicaid plan required by Title XIX of the Social 2870 |
|---|
| 5837 | + | Security Act prior to implementing the program. The program shall be 2871 |
|---|
| 5838 | + | structured so that the net cost to the state for long-term facility care in 2872 |
|---|
| 5839 | + | Bill No. |
|---|
| 5840 | + | |
|---|
| 5841 | + | |
|---|
| 5842 | + | |
|---|
| 5843 | + | LCO No. 5697 133 of 350 |
|---|
| 5844 | + | |
|---|
| 5845 | + | combination with the services under the program shall not exceed the 2873 |
|---|
| 5846 | + | net cost the state would have incurred without the program. The 2874 |
|---|
| 5847 | + | commissioner shall investigate the possibility of receiving federal funds 2875 |
|---|
| 5848 | + | for the program and shall apply for any necessary federal waivers. A 2876 |
|---|
| 5849 | + | recipient of services under the program, and the estate and legally liable 2877 |
|---|
| 5850 | + | relatives of the recipient, shall be responsible for reimbursement to the 2878 |
|---|
| 5851 | + | state for such services to the same extent required of a recipient of 2879 |
|---|
| 5852 | + | assistance under the state supplement program, medical assistance 2880 |
|---|
| 5853 | + | program, temporary family assistance program or supplemental 2881 |
|---|
| 5854 | + | nutrition assistance program. Only a United States citizen or a 2882 |
|---|
| 5855 | + | noncitizen who meets the citizenship requirements for eligibility under 2883 |
|---|
| 5856 | + | the Medicaid program shall be eligible for home-care services under this 2884 |
|---|
| 5857 | + | section, except a qualified alien, as defined in Section 431 of Public Law 2885 |
|---|
| 5858 | + | 104-193, admitted into the United States on or after August 22, 1996, or 2886 |
|---|
| 5859 | + | other lawfully residing immigrant alien determined eligible for services 2887 |
|---|
| 5860 | + | under this section prior to July 1, 1997, shall remain eligible for such 2888 |
|---|
| 5861 | + | services. Qualified aliens or other lawfully residing immigrant aliens 2889 |
|---|
| 5862 | + | not determined eligible prior to July 1, 1997, shall be eligible for services 2890 |
|---|
| 5863 | + | under this section subsequent to six months from establishing 2891 |
|---|
| 5864 | + | residency. Notwithstanding the provisions of this subsection, any 2892 |
|---|
| 5865 | + | qualified alien or other lawfully residing immigrant alien or alien who 2893 |
|---|
| 5866 | + | formerly held the status of permanently residing under color of law who 2894 |
|---|
| 5867 | + | is a victim of domestic violence or who has intellectual disability shall 2895 |
|---|
| 5868 | + | be eligible for assistance pursuant to this section. Qualified aliens, as 2896 |
|---|
| 5869 | + | defined in Section 431 of Public Law 104-193, or other lawfully residing 2897 |
|---|
| 5870 | + | immigrant aliens or aliens who formerly held the status of permanently 2898 |
|---|
| 5871 | + | residing under color of law shall be eligible for services under this 2899 |
|---|
| 5872 | + | section provided other conditions of eligibility are met. 2900 |
|---|
| 5873 | + | (b) The commissioner shall solicit bids through a competitive process 2901 |
|---|
| 5874 | + | and shall contract with an access agency, approved by the Office of 2902 |
|---|
| 5875 | + | Policy and Management and the Department of Social Services as 2903 |
|---|
| 5876 | + | meeting the requirements for such agency as defined by regulations 2904 |
|---|
| 5877 | + | adopted pursuant to subsection (m) of this section, that submits 2905 |
|---|
| 5878 | + | Bill No. |
|---|
| 5879 | + | |
|---|
| 5880 | + | |
|---|
| 5881 | + | |
|---|
| 5882 | + | LCO No. 5697 134 of 350 |
|---|
| 5883 | + | |
|---|
| 5884 | + | proposals that meet or exceed the minimum bid requirements. In 2906 |
|---|
| 5885 | + | addition to such contracts, the commissioner may use department staff 2907 |
|---|
| 5886 | + | to provide screening, coordination, assessment and monitoring 2908 |
|---|
| 5887 | + | functions for the program. 2909 |
|---|
| 5888 | + | (c) The community-based services covered under the program shall 2910 |
|---|
| 5889 | + | include, but not be limited to, services not otherwise available under the 2911 |
|---|
| 5890 | + | state Medicaid plan: (1) Occupational therapy, (2) homemaker services, 2912 |
|---|
| 5891 | + | (3) companion services, (4) meals on wheels, (5) adult day care, (6) 2913 |
|---|
| 5892 | + | transportation, (7) mental health counseling, (8) care management, (9) 2914 |
|---|
| 5893 | + | elderly foster care, (10) minor home modifications, and (11) assisted 2915 |
|---|
| 5894 | + | living services provided in state-funded congregate housing and in 2916 |
|---|
| 5895 | + | other assisted living pilot or demonstration projects established under 2917 |
|---|
| 5896 | + | state law. Personal care assistance services shall be covered under the 2918 |
|---|
| 5897 | + | program to the extent that (A) such services are not available under the 2919 |
|---|
| 5898 | + | Medicaid state plan and are more cost effective on an individual client 2920 |
|---|
| 5899 | + | basis than existing services covered under such plan, and (B) the 2921 |
|---|
| 5900 | + | provision of such services is approved by the federal government. 2922 |
|---|
| 5901 | + | Recipients of state-funded services, pursuant to subsection (i) of this 2923 |
|---|
| 5902 | + | section, and persons who are determined to be functionally eligible for 2924 |
|---|
| 5903 | + | community-based services who have an application for medical 2925 |
|---|
| 5904 | + | assistance pending, or are determined to be presumptively eligible for 2926 |
|---|
| 5905 | + | Medicaid pursuant to subsection (e) of this section, shall have the cost 2927 |
|---|
| 5906 | + | of home health and community-based services covered by the program, 2928 |
|---|
| 5907 | + | provided they comply with all medical assistance application 2929 |
|---|
| 5908 | + | requirements. Access agencies shall not use department funds to 2930 |
|---|
| 5909 | + | purchase community-based services or home health services from 2931 |
|---|
| 5910 | + | themselves or any related parties. 2932 |
|---|
| 5911 | + | (d) Physicians, hospitals, long-term care facilities and other licensed 2933 |
|---|
| 5912 | + | health care facilities may disclose, and, as a condition of eligibility for 2934 |
|---|
| 5913 | + | the program, elderly persons, their guardians, and relatives shall 2935 |
|---|
| 5914 | + | disclose, upon request from the Department of Social Services, such 2936 |
|---|
| 5915 | + | financial, social and medical information as may be necessary to enable 2937 |
|---|
| 5916 | + | the department or any agency administering the program on behalf of 2938 |
|---|
| 5917 | + | Bill No. |
|---|
| 5918 | + | |
|---|
| 5919 | + | |
|---|
| 5920 | + | |
|---|
| 5921 | + | LCO No. 5697 135 of 350 |
|---|
| 5922 | + | |
|---|
| 5923 | + | the department to provide services under the program. Long-term care 2939 |
|---|
| 5924 | + | facilities shall supply the Department of Social Services with the names 2940 |
|---|
| 5925 | + | and addresses of all applicants for admission. Any information 2941 |
|---|
| 5926 | + | provided pursuant to this subsection shall be confidential and shall not 2942 |
|---|
| 5927 | + | be disclosed by the department or administering agency. 2943 |
|---|
| 5928 | + | (e) (1) The Commissioner of Social Services shall, subject to the 2944 |
|---|
| 5929 | + | provisions of subdivisions (2) and (3) of this subsection, establish a 2945 |
|---|
| 5930 | + | presumptive Medicaid eligibility system under which the state shall 2946 |
|---|
| 5931 | + | fund services under the Connecticut home-care program for the elderly 2947 |
|---|
| 5932 | + | for a period of not longer than ninety days for applicants who require a 2948 |
|---|
| 5933 | + | skilled level of nursing care and who are determined to be 2949 |
|---|
| 5934 | + | presumptively eligible for Medicaid coverage. The system shall include, 2950 |
|---|
| 5935 | + | but need not be limited to: (A) The development of a preliminary 2951 |
|---|
| 5936 | + | screening tool by the Department of Social Services to be used by 2952 |
|---|
| 5937 | + | representatives of the access agency selected pursuant to subsection (b) 2953 |
|---|
| 5938 | + | of this section to determine whether an applicant is functionally able to 2954 |
|---|
| 5939 | + | live at home or in a community setting and is likely to be financially 2955 |
|---|
| 5940 | + | eligible for Medicaid; (B) a requirement that the applicant complete a 2956 |
|---|
| 5941 | + | Medicaid application on the date such applicant is preliminarily 2957 |
|---|
| 5942 | + | screened for functional eligibility or not later than ten days after such 2958 |
|---|
| 5943 | + | screening; (C) a determination of presumptive eligibility for eligible 2959 |
|---|
| 5944 | + | applicants by the department and [initiation of home care services] 2960 |
|---|
| 5945 | + | approval of a care plan authorizing home care services not later than ten 2961 |
|---|
| 5946 | + | days after an applicant is successfully screened for eligibility; and (D) a 2962 |
|---|
| 5947 | + | written agreement to be signed by the applicant (i) attesting to the 2963 |
|---|
| 5948 | + | accuracy of financial and other information such applicant provides, 2964 |
|---|
| 5949 | + | [and] (ii) acknowledging that the state shall solely fund services not 2965 |
|---|
| 5950 | + | longer than ninety days after the date on which home care services 2966 |
|---|
| 5951 | + | begin, and (iii) waiving any right to receive continued coverage while 2967 |
|---|
| 5952 | + | awaiting a hearing that is requested in response to the department's 2968 |
|---|
| 5953 | + | determination during or at the end of the presumptive period of 2969 |
|---|
| 5954 | + | eligibility that (I) the applicant is not eligible for Medicaid or (II) the 2970 |
|---|
| 5955 | + | applicant failed to provide information necessary to allow the 2971 |
|---|
| 5956 | + | Bill No. |
|---|
| 5957 | + | |
|---|
| 5958 | + | |
|---|
| 5959 | + | |
|---|
| 5960 | + | LCO No. 5697 136 of 350 |
|---|
| 5961 | + | |
|---|
| 5962 | + | department to make an eligibility determination. The department shall 2972 |
|---|
| 5963 | + | make a final determination as to Medicaid eligibility for applicants 2973 |
|---|
| 5964 | + | determined to be presumptively eligible for Medicaid coverage not later 2974 |
|---|
| 5965 | + | than [forty-five days after the date of receipt of a completed Medicaid 2975 |
|---|
| 5966 | + | application from such applicant, provided the department may make 2976 |
|---|
| 5967 | + | such determination not later than ninety days after receipt of the 2977 |
|---|
| 5968 | + | application if the applicant has disabilities] the end of the ninety-day 2978 |
|---|
| 5969 | + | period of presumptive eligibility. The department may make such 2979 |
|---|
| 5970 | + | determination prior to the end of such ninety-day period if it receives 2980 |
|---|
| 5971 | + | information indicating that the applicant is not eligible for Medicaid. 2981 |
|---|
| 5972 | + | (2) To the extent permitted by federal law, the commissioner shall 2982 |
|---|
| 5973 | + | seek any federal waiver or amend the Medicaid state plan as necessary 2983 |
|---|
| 5974 | + | to attempt to secure federal reimbursement for the costs of providing 2984 |
|---|
| 5975 | + | coverage to persons determined to be presumptively eligible for 2985 |
|---|
| 5976 | + | Medicaid coverage. The provisions of this subsection and any other 2986 |
|---|
| 5977 | + | provision of this section relating to the establishment of a presumptive 2987 |
|---|
| 5978 | + | Medicaid eligibility system, including, but not limited to, such 2988 |
|---|
| 5979 | + | provisions located in subsections (c), (g) and (m), shall not be effective 2989 |
|---|
| 5980 | + | until the commissioner secures such federal reimbursement through a 2990 |
|---|
| 5981 | + | federal waiver or Medicaid state plan amendment. 2991 |
|---|
| 5982 | + | (3) Not less than two years after the date of the establishment of a 2992 |
|---|
| 5983 | + | presumptive Medicaid eligibility system pursuant to the provisions of 2993 |
|---|
| 5984 | + | this subsection, the commissioner may, in the commissioner's 2994 |
|---|
| 5985 | + | discretion, discontinue the system if the commissioner determines that 2995 |
|---|
| 5986 | + | the system is not cost effective. 2996 |
|---|
| 5987 | + | (f) The commissioner may require long-term care facilities to inform 2997 |
|---|
| 5988 | + | applicants for admission of the Connecticut home-care program for the 2998 |
|---|
| 5989 | + | elderly established under this section and to distribute such forms as the 2999 |
|---|
| 5990 | + | commissioner prescribes for the program. Such forms shall be supplied 3000 |
|---|
| 5991 | + | by and be returnable to the department. 3001 |
|---|
| 5992 | + | (g) The commissioner shall report annually, by June first, in 3002 |
|---|
| 5993 | + | Bill No. |
|---|
| 5994 | + | |
|---|
| 5995 | + | |
|---|
| 5996 | + | |
|---|
| 5997 | + | LCO No. 5697 137 of 350 |
|---|
| 5998 | + | |
|---|
| 5999 | + | accordance with the provisions of section 11-4a, to the joint standing 3003 |
|---|
| 6000 | + | committee of the General Assembly having cognizance of matters 3004 |
|---|
| 6001 | + | relating to human services on the Connecticut home-care program for 3005 |
|---|
| 6002 | + | the elderly in such detail, depth and scope as said committee requires to 3006 |
|---|
| 6003 | + | evaluate the effect of the program on the state and program participants. 3007 |
|---|
| 6004 | + | Such report shall include information on (1) the number of persons 3008 |
|---|
| 6005 | + | diverted from placement in a long-term care facility as a result of the 3009 |
|---|
| 6006 | + | program, (2) the number of persons screened for the program, (3) the 3010 |
|---|
| 6007 | + | number of persons determined presumptively eligible for Medicaid, (4) 3011 |
|---|
| 6008 | + | savings for the state based on institutional care costs that were averted 3012 |
|---|
| 6009 | + | for persons determined to be presumptively eligible for Medicaid who 3013 |
|---|
| 6010 | + | later were determined to be eligible for Medicaid, (5) the number of 3014 |
|---|
| 6011 | + | persons determined presumptively eligible for Medicaid who later were 3015 |
|---|
| 6012 | + | determined not to be eligible for Medicaid and costs to the state to 3016 |
|---|
| 6013 | + | provide such persons with home care services before the final Medicaid 3017 |
|---|
| 6014 | + | eligibility determination, (6) the average cost per person in the program, 3018 |
|---|
| 6015 | + | (7) the administration costs, (8) the estimated savings to provide home 3019 |
|---|
| 6016 | + | care versus institutional care for all persons in the program, and (9) a 3020 |
|---|
| 6017 | + | comparison between costs under the different contracts for program 3021 |
|---|
| 6018 | + | services. 3022 |
|---|
| 6019 | + | (h) An individual who is otherwise eligible for services pursuant to 3023 |
|---|
| 6020 | + | this section shall, as a condition of participation in the program, apply 3024 |
|---|
| 6021 | + | for medical assistance benefits when requested to do so by the 3025 |
|---|
| 6022 | + | department and shall accept such benefits if determined eligible. 3026 |
|---|
| 6023 | + | (i) (1) The Commissioner of Social Services shall, within available 3027 |
|---|
| 6024 | + | appropriations, administer a state-funded portion of the Connecticut 3028 |
|---|
| 6025 | + | home-care program for the elderly for persons (A) who are sixty-five 3029 |
|---|
| 6026 | + | years of age and older and are not eligible for Medicaid; (B) who are 3030 |
|---|
| 6027 | + | inappropriately institutionalized or at risk of inappropriate 3031 |
|---|
| 6028 | + | institutionalization; (C) whose income is less than or equal to the 3032 |
|---|
| 6029 | + | amount allowed for a person who would be eligible for medical 3033 |
|---|
| 6030 | + | assistance if residing in a nursing facility; and (D) whose assets, if single, 3034 |
|---|
| 6031 | + | do not exceed one hundred fifty per cent of the federal minimum 3035 |
|---|
| 6032 | + | Bill No. |
|---|
| 6033 | + | |
|---|
| 6034 | + | |
|---|
| 6035 | + | |
|---|
| 6036 | + | LCO No. 5697 138 of 350 |
|---|
| 6037 | + | |
|---|
| 6038 | + | community spouse protected amount pursuant to 42 USC 1396r-5(f)(2) 3036 |
|---|
| 6039 | + | or, if married, the couple's assets do not exceed two hundred per cent of 3037 |
|---|
| 6040 | + | said community spouse protected amount. For program applications 3038 |
|---|
| 6041 | + | received by the Department of Social Services for the fiscal years ending 3039 |
|---|
| 6042 | + | June 30, 2016, and June 30, 2017, only persons who require the level of 3040 |
|---|
| 6043 | + | care provided in a nursing home shall be eligible for the state-funded 3041 |
|---|
| 6044 | + | portion of the program, except for persons residing in affordable 3042 |
|---|
| 6045 | + | housing under the assisted living demonstration project established 3043 |
|---|
| 6046 | + | pursuant to section 17b-347e who are otherwise eligible in accordance 3044 |
|---|
| 6047 | + | with this section. 3045 |
|---|
| 6048 | + | (2) Except for persons residing in affordable housing under the 3046 |
|---|
| 6049 | + | assisted living demonstration project established pursuant to section 3047 |
|---|
| 6050 | + | 17b-347e, as provided in subdivision (3) of this subsection, any person 3048 |
|---|
| 6051 | + | whose income is at or below two hundred per cent of the federal poverty 3049 |
|---|
| 6052 | + | level and who is ineligible for Medicaid shall contribute three per cent 3050 |
|---|
| 6053 | + | of the cost of his or her care. Any person whose income exceeds two 3051 |
|---|
| 6054 | + | hundred per cent of the federal poverty level shall contribute three per 3052 |
|---|
| 6055 | + | cent of the cost of his or her care in addition to the amount of applied 3053 |
|---|
| 6056 | + | income determined in accordance with the methodology established by 3054 |
|---|
| 6057 | + | the Department of Social Services for recipients of medical assistance. 3055 |
|---|
| 6058 | + | Any person who does not contribute to the cost of care in accordance 3056 |
|---|
| 6059 | + | with this subdivision shall be ineligible to receive services under this 3057 |
|---|
| 6060 | + | subsection. Notwithstanding any provision of sections 17b-60 and 17b-3058 |
|---|
| 6061 | + | 61, the department shall not be required to provide an administrative 3059 |
|---|
| 6062 | + | hearing to a person found ineligible for services under this subsection 3060 |
|---|
| 6063 | + | because of a failure to contribute to the cost of care. 3061 |
|---|
| 6064 | + | (3) Any person who resides in affordable housing under the assisted 3062 |
|---|
| 6065 | + | living demonstration project established pursuant to section 17b-347e 3063 |
|---|
| 6066 | + | and whose income is at or below two hundred per cent of the federal 3064 |
|---|
| 6067 | + | poverty level, shall not be required to contribute to the cost of care. Any 3065 |
|---|
| 6068 | + | person who resides in affordable housing under the assisted living 3066 |
|---|
| 6069 | + | demonstration project established pursuant to section 17b-347e and 3067 |
|---|
| 6070 | + | whose income exceeds two hundred per cent of the federal poverty 3068 |
|---|
| 6071 | + | Bill No. |
|---|
| 6072 | + | |
|---|
| 6073 | + | |
|---|
| 6074 | + | |
|---|
| 6075 | + | LCO No. 5697 139 of 350 |
|---|
| 6076 | + | |
|---|
| 6077 | + | level, shall contribute to the applied income amount determined in 3069 |
|---|
| 6078 | + | accordance with the methodology established by the Department of 3070 |
|---|
| 6079 | + | Social Services for recipients of medical assistance. Any person whose 3071 |
|---|
| 6080 | + | income exceeds two hundred per cent of the federal poverty level and 3072 |
|---|
| 6081 | + | who does not contribute to the cost of care in accordance with this 3073 |
|---|
| 6082 | + | subdivision shall be ineligible to receive services under this subsection. 3074 |
|---|
| 6083 | + | Notwithstanding any provision of sections 17b-60 and 17b-61, the 3075 |
|---|
| 6084 | + | department shall not be required to provide an administrative hearing 3076 |
|---|
| 6085 | + | to a person found ineligible for services under this subsection because 3077 |
|---|
| 6086 | + | of a failure to contribute to the cost of care. 3078 |
|---|
| 6087 | + | (4) The annualized cost of services provided to an individual under 3079 |
|---|
| 6088 | + | the state-funded portion of the program shall not exceed fifty per cent 3080 |
|---|
| 6089 | + | of the weighted average cost of care in nursing homes in the state, except 3081 |
|---|
| 6090 | + | an individual who received services costing in excess of such amount 3082 |
|---|
| 6091 | + | under the Department of Social Services in the fiscal year ending June 3083 |
|---|
| 6092 | + | 30, 1992, may continue to receive such services, provided the annualized 3084 |
|---|
| 6093 | + | cost of such services does not exceed eighty per cent of the weighted 3085 |
|---|
| 6094 | + | average cost of such nursing home care. The commissioner may allow 3086 |
|---|
| 6095 | + | the cost of services provided to an individual to exceed the maximum 3087 |
|---|
| 6096 | + | cost established pursuant to this subdivision in a case of extreme 3088 |
|---|
| 6097 | + | hardship, as determined by the commissioner, provided in no case shall 3089 |
|---|
| 6098 | + | such cost exceed that of the weighted cost of such nursing home care. 3090 |
|---|
| 6099 | + | (j) The Commissioner of Social Services shall collect data on services 3091 |
|---|
| 6100 | + | provided under the program, including, but not limited to, the: (1) 3092 |
|---|
| 6101 | + | Number of participants before and after any adjustments in 3093 |
|---|
| 6102 | + | copayments, (2) average hours of care provided under the program per 3094 |
|---|
| 6103 | + | participant, and (3) estimated cost savings to the state by providing 3095 |
|---|
| 6104 | + | home care to participants who may otherwise receive care in a nursing 3096 |
|---|
| 6105 | + | home facility. The commissioner shall, in accordance with the 3097 |
|---|
| 6106 | + | provisions of section 11-4a, report on the results of the data collection to 3098 |
|---|
| 6107 | + | the joint standing committees of the General Assembly having 3099 |
|---|
| 6108 | + | cognizance of matters relating to aging, appropriations and the budgets 3100 |
|---|
| 6109 | + | of state agencies and human services not later than July 1, 2022. The 3101 |
|---|
| 6110 | + | Bill No. |
|---|
| 6111 | + | |
|---|
| 6112 | + | |
|---|
| 6113 | + | |
|---|
| 6114 | + | LCO No. 5697 140 of 350 |
|---|
| 6115 | + | |
|---|
| 6116 | + | commissioner may implement revised criteria for the operation of the 3102 |
|---|
| 6117 | + | program while in the process of adopting such criteria in regulation 3103 |
|---|
| 6118 | + | form, provided the commissioner publishes notice of intention to adopt 3104 |
|---|
| 6119 | + | the regulations in accordance with section 17b-10. Such criteria shall be 3105 |
|---|
| 6120 | + | valid until the time final regulations are effective. 3106 |
|---|
| 6121 | + | (k) The commissioner shall notify any access agency or area agency 3107 |
|---|
| 6122 | + | on aging that administers the program when the department sends a 3108 |
|---|
| 6123 | + | redetermination of eligibility form to an individual who is a client of 3109 |
|---|
| 6124 | + | such agency. 3110 |
|---|
| 6125 | + | (l) In determining eligibility for the program described in this section, 3111 |
|---|
| 6126 | + | the commissioner shall not consider as income (1) Aid and Attendance 3112 |
|---|
| 6127 | + | pension benefits granted to a veteran, as defined in section 27-103, or the 3113 |
|---|
| 6128 | + | surviving spouse of such veteran, and (2) any tax refund or advance 3114 |
|---|
| 6129 | + | payment with respect to a refundable credit to the same extent such 3115 |
|---|
| 6130 | + | refund or advance payment would be disregarded under 26 USC 6409 3116 |
|---|
| 6131 | + | in any federal program or state or local program financed in whole or in 3117 |
|---|
| 6132 | + | part with federal funds. 3118 |
|---|
| 6133 | + | (m) The commissioner shall adopt regulations, in accordance with the 3119 |
|---|
| 6134 | + | provisions of chapter 54, to (1) define "access agency", (2) implement and 3120 |
|---|
| 6135 | + | administer the program, (3) implement and administer the presumptive 3121 |
|---|
| 6136 | + | Medicaid eligibility system described in subsection (e) of this section, (4) 3122 |
|---|
| 6137 | + | establish uniform state-wide standards for the program and uniform 3123 |
|---|
| 6138 | + | assessment tools for use in the screening process for the program and 3124 |
|---|
| 6139 | + | the prescreening for presumptive Medicaid eligibility, and (5) specify 3125 |
|---|
| 6140 | + | conditions of eligibility. 3126 |
|---|
| 6141 | + | Sec. 106. (NEW) (Effective July 1, 2024) (a) The Commissioner of Public 3127 |
|---|
| 6142 | + | Health shall develop a public awareness and educational campaign to 3128 |
|---|
| 6143 | + | promote community-based screening and education for common 3129 |
|---|
| 6144 | + | diseases affecting high-risk male populations, including, but not limited 3130 |
|---|
| 6145 | + | to, colorectal cancer, prostate cancer, hypertension, diabetes, high 3131 |
|---|
| 6146 | + | cholesterol, chronic obstructive pulmonary disease, asthma, infectious 3132 |
|---|
| 6147 | + | Bill No. |
|---|
| 6148 | + | |
|---|
| 6149 | + | |
|---|
| 6150 | + | |
|---|
| 6151 | + | LCO No. 5697 141 of 350 |
|---|
| 6152 | + | |
|---|
| 6153 | + | diseases, depression and anxiety. 3133 |
|---|
| 6154 | + | (b) Not later than January 1, 2025, and annually thereafter, the 3134 |
|---|
| 6155 | + | commissioner shall report to the joint standing committee of the General 3135 |
|---|
| 6156 | + | Assembly having cognizance of matters relating to public health 3136 |
|---|
| 6157 | + | regarding the public awareness and educational campaign. 3137 |
|---|
| 6158 | + | Sec. 107. (NEW) (Effective July 1, 2024) (a) There is established a 3138 |
|---|
| 6159 | + | Higher Education Financial Sustainability Advisory Board, which shall 3139 |
|---|
| 6160 | + | be part of the Legislative Department. 3140 |
|---|
| 6161 | + | (b) The board shall consist of the following members: 3141 |
|---|
| 6162 | + | (1) The chairpersons and ranking members of the joint standing 3142 |
|---|
| 6163 | + | committee of the General Assembly having cognizance of matters 3143 |
|---|
| 6164 | + | relating to appropriations and the budgets of state agencies; 3144 |
|---|
| 6165 | + | (2) The members of the higher education subcommittee of the joint 3145 |
|---|
| 6166 | + | standing committee of the General Assembly having cognizance of 3146 |
|---|
| 6167 | + | matters relating to appropriations and the budgets of state agencies; 3147 |
|---|
| 6168 | + | (3) The chairpersons and ranking members of the joint standing 3148 |
|---|
| 6169 | + | committee of the General Assembly having cognizance of matters 3149 |
|---|
| 6170 | + | relating to higher education and employment advancement; 3150 |
|---|
| 6171 | + | (4) The Secretary of the Office of Policy and Management; and 3151 |
|---|
| 6172 | + | (5) The Auditors of Public Accounts. 3152 |
|---|
| 6173 | + | (c) The chairpersons of the joint standing committee of the General 3153 |
|---|
| 6174 | + | Assembly having cognizance of matters relating to appropriations and 3154 |
|---|
| 6175 | + | the budgets of state agencies and the Secretary of the Office of Policy 3155 |
|---|
| 6176 | + | and Management shall jointly serve as chairpersons of the board. Such 3156 |
|---|
| 6177 | + | chairpersons of the board shall schedule the first meeting of the board, 3157 |
|---|
| 6178 | + | which shall be held not later than September 1, 2024. The board shall 3158 |
|---|
| 6179 | + | meet at least quarterly thereafter. A majority of the board shall 3159 |
|---|
| 6180 | + | constitute a quorum for the transaction of any business. 3160 |
|---|
| 6181 | + | Bill No. |
|---|
| 6182 | + | |
|---|
| 6183 | + | |
|---|
| 6184 | + | |
|---|
| 6185 | + | LCO No. 5697 142 of 350 |
|---|
| 6186 | + | |
|---|
| 6187 | + | (d) The administrative staff of the joint standing committee of the 3161 |
|---|
| 6188 | + | General Assembly having cognizance of matters relating to 3162 |
|---|
| 6189 | + | appropriations and the budgets of state agencies shall serve as 3163 |
|---|
| 6190 | + | administrative staff of the board. 3164 |
|---|
| 6191 | + | (e) The board shall have the following powers and duties: (1) Meet 3165 |
|---|
| 6192 | + | with the administrators of each public institution of higher education 3166 |
|---|
| 6193 | + | and The University of Connecticut Health Center to accept and review 3167 |
|---|
| 6194 | + | the information set forth in subsection (f) of this section and to discuss 3168 |
|---|
| 6195 | + | barriers to meeting state workforce needs, developing economic growth 3169 |
|---|
| 6196 | + | and achieving or maintaining affordable tuition; (2) obtain from any 3170 |
|---|
| 6197 | + | executive department, board, commission or other agency of the state 3171 |
|---|
| 6198 | + | such assistance and data as necessary and available to carry out the 3172 |
|---|
| 6199 | + | purposes of this section; and (3) perform such other acts as may be 3173 |
|---|
| 6200 | + | necessary and appropriate to carry out the duties described in this 3174 |
|---|
| 6201 | + | section. 3175 |
|---|
| 6202 | + | (f) Each public institution of higher education and The University of 3176 |
|---|
| 6203 | + | Connecticut Health Center shall each submit to the board, upon the 3177 |
|---|
| 6204 | + | request of the chairpersons of the board, the following information: 3178 |
|---|
| 6205 | + | (1) A detailed financial report for the current fiscal year, subsequent 3179 |
|---|
| 6206 | + | fiscal year and five preceding fiscal years that identifies each source of 3180 |
|---|
| 6207 | + | revenue, category of expense and any assumptions upon which such 3181 |
|---|
| 6208 | + | reports are based; 3182 |
|---|
| 6209 | + | (2) If the detailed financial report for the current fiscal year or 3183 |
|---|
| 6210 | + | subsequent fiscal year projects a deficiency, a detailed plan that 3184 |
|---|
| 6211 | + | eliminates such deficiency; 3185 |
|---|
| 6212 | + | (3) A summary and general ledger account code analysis of the 3186 |
|---|
| 6213 | + | unrestricted net position of such institution for the most recently 3187 |
|---|
| 6214 | + | completed fiscal year; 3188 |
|---|
| 6215 | + | (4) The number of full-time and part-time students enrolled 3189 |
|---|
| 6216 | + | disaggregated by in-state and out-of-state; 3190 |
|---|
| 6217 | + | Bill No. |
|---|
| 6218 | + | |
|---|
| 6219 | + | |
|---|
| 6220 | + | |
|---|
| 6221 | + | LCO No. 5697 143 of 350 |
|---|
| 6222 | + | |
|---|
| 6223 | + | (5) The number of vacant and filled employment positions 3191 |
|---|
| 6224 | + | disaggregated by bargaining unit and management confidential type 3192 |
|---|
| 6225 | + | with corresponding average salaries from the first payroll in October of 3193 |
|---|
| 6226 | + | such fiscal year; 3194 |
|---|
| 6227 | + | (6) A summary of cost drivers for such institution; 3195 |
|---|
| 6228 | + | (7) A summary of budget constraints affecting (A) workforce 3196 |
|---|
| 6229 | + | developments, economic development efforts and student quality of 3197 |
|---|
| 6230 | + | life, including, but not limited to, time required for degree completion, 3198 |
|---|
| 6231 | + | and (B) research productivity and faculty retention and recruitment; 3199 |
|---|
| 6232 | + | and 3200 |
|---|
| 6233 | + | (8) Any other financial, operational, performance or other outcome 3201 |
|---|
| 6234 | + | information, metrics or data requested by the board. 3202 |
|---|
| 6235 | + | (g) The board may require a public institution of higher education to 3203 |
|---|
| 6236 | + | submit the information set forth in subsection (f) of this section on a 3204 |
|---|
| 6237 | + | disaggregated basis. 3205 |
|---|
| 6238 | + | Sec. 108. Section 1 of substitute house bill 5437 of the current session, 3206 |
|---|
| 6239 | + | as amended by House Amendment schedule "A", is repealed and the 3207 |
|---|
| 6240 | + | following is substituted in lieu thereof (Effective July 1, 2024): 3208 |
|---|
| 6241 | + | (a) There is established the Education Mandate Review Advisory 3209 |
|---|
| 6242 | + | Council. The council shall advise and provide annual reports to the joint 3210 |
|---|
| 6243 | + | standing committee of the General Assembly having cognizance of 3211 |
|---|
| 6244 | + | matters relating to education on the cost and implementation of existing 3212 |
|---|
| 6245 | + | education mandates on local and regional boards of education, as well 3213 |
|---|
| 6246 | + | as the impact of any proposals relating to additions or revisions to such 3214 |
|---|
| 6247 | + | education mandates. Such annual reports may include, but need not be 3215 |
|---|
| 6248 | + | limited to, (1) a review of education mandates on local and regional 3216 |
|---|
| 6249 | + | boards of education in the general statutes and the regulations of 3217 |
|---|
| 6250 | + | Connecticut state agencies for the purpose of identifying those 3218 |
|---|
| 6251 | + | mandates that may be burdensome or have the effect of limiting or 3219 |
|---|
| 6252 | + | restricting the provision of instruction or services to students, including 3220 |
|---|
| 6253 | + | Bill No. |
|---|
| 6254 | + | |
|---|
| 6255 | + | |
|---|
| 6256 | + | |
|---|
| 6257 | + | LCO No. 5697 144 of 350 |
|---|
| 6258 | + | |
|---|
| 6259 | + | a detailed analysis of each such mandate so identified, the specific 3221 |
|---|
| 6260 | + | statutory or regulation citation for such mandate and how such mandate 3222 |
|---|
| 6261 | + | is imposed on a board of education, and (2) any recommendations 3223 |
|---|
| 6262 | + | regarding the repeal of or amendment to any such sections of the 3224 |
|---|
| 6263 | + | general statutes or regulations of Connecticut state agencies. 3225 |
|---|
| 6264 | + | (b) The council shall consist of the following members: 3226 |
|---|
| 6265 | + | (1) One appointed by the speaker of the House of Representatives, 3227 |
|---|
| 6266 | + | who shall be a representative of the Connecticut Association of Boards 3228 |
|---|
| 6267 | + | of Education; 3229 |
|---|
| 6268 | + | (2) One appointed by the president pro tempore of the Senate, who 3230 |
|---|
| 6269 | + | shall be a representative of the Connecticut Association of Public School 3231 |
|---|
| 6270 | + | Superintendents; 3232 |
|---|
| 6271 | + | (3) One appointed by the majority leader of the House of 3233 |
|---|
| 6272 | + | Representatives, who shall be a representative of the Connecticut 3234 |
|---|
| 6273 | + | Association of Schools; 3235 |
|---|
| 6274 | + | (4) One appointed by the majority leader of the Senate, who shall be 3236 |
|---|
| 6275 | + | a representative of the Connecticut Association of School Business 3237 |
|---|
| 6276 | + | Officials; 3238 |
|---|
| 6277 | + | (5) One appointed by the minority leader of the House of 3239 |
|---|
| 6278 | + | Representatives, who shall be a member of a local or regional board of 3240 |
|---|
| 6279 | + | education; 3241 |
|---|
| 6280 | + | (6) One appointed by the minority leader of the Senate, who shall be 3242 |
|---|
| 6281 | + | a representative of the Connecticut Federation of School 3243 |
|---|
| 6282 | + | Administrators; 3244 |
|---|
| 6283 | + | (7) One appointed by the House chairperson of the joint standing 3245 |
|---|
| 6284 | + | committee of the General Assembly having cognizance of matters 3246 |
|---|
| 6285 | + | relating to education, who shall be a paraeducator in a public school in 3247 |
|---|
| 6286 | + | this state; 3248 |
|---|
| 6287 | + | Bill No. |
|---|
| 6288 | + | |
|---|
| 6289 | + | |
|---|
| 6290 | + | |
|---|
| 6291 | + | LCO No. 5697 145 of 350 |
|---|
| 6292 | + | |
|---|
| 6293 | + | (8) One appointed by the Senate chairperson of the joint standing 3249 |
|---|
| 6294 | + | committee of the General Assembly having cognizance of matters 3250 |
|---|
| 6295 | + | relating to education, who shall be a [teacher in a public school in this 3251 |
|---|
| 6296 | + | state] representative of the Connecticut Education Association; 3252 |
|---|
| 6297 | + | (9) One appointed by the House ranking member of the joint standing 3253 |
|---|
| 6298 | + | committee of the General Assembly having cognizance of matters 3254 |
|---|
| 6299 | + | relating to education, who shall be a paraeducator in a public school in 3255 |
|---|
| 6300 | + | this state; and 3256 |
|---|
| 6301 | + | (10) One appointed by the Senate ranking member of the joint 3257 |
|---|
| 6302 | + | standing committee of the General Assembly having cognizance of 3258 |
|---|
| 6303 | + | matters relating to education, who shall be a [teacher in a public school 3259 |
|---|
| 6304 | + | in this state] representative of the American Federation of Teachers-3260 |
|---|
| 6305 | + | Connecticut. 3261 |
|---|
| 6306 | + | (c) All initial appointments to the council shall be made not later than 3262 |
|---|
| 6307 | + | August 1, 2024. The initial terms for the members appointed shall 3263 |
|---|
| 6308 | + | terminate on January 31, 2029. Terms following the initial terms shall be 3264 |
|---|
| 6309 | + | for five years. Any member of the council may serve more than one 3265 |
|---|
| 6310 | + | term. Any vacancy shall be filled by the appointing authority. 3266 |
|---|
| 6311 | + | (d) The speaker of the House of Representatives and the president 3267 |
|---|
| 6312 | + | pro tempore of the Senate shall select the chairpersons of the council 3268 |
|---|
| 6313 | + | from among the members of the council. Such chairpersons shall 3269 |
|---|
| 6314 | + | schedule the first meeting of the council, which shall be held not later 3270 |
|---|
| 6315 | + | than October 1, 2024. 3271 |
|---|
| 6316 | + | (e) The administrative staff of the joint standing committee of the 3272 |
|---|
| 6317 | + | General Assembly having cognizance of matters relating to education 3273 |
|---|
| 6318 | + | shall serve as administrative staff of the council. 3274 |
|---|
| 6319 | + | (f) Not later than January 1, 2025, and annually thereafter, the council 3275 |
|---|
| 6320 | + | shall develop and submit an annual report on its review of the 3276 |
|---|
| 6321 | + | implementation and cost of statutory and regulatory education 3277 |
|---|
| 6322 | + | mandates on local and regional boards of education. Such annual report 3278 |
|---|
| 6323 | + | Bill No. |
|---|
| 6324 | + | |
|---|
| 6325 | + | |
|---|
| 6326 | + | |
|---|
| 6327 | + | LCO No. 5697 146 of 350 |
|---|
| 6328 | + | |
|---|
| 6329 | + | shall include, but need not be limited to, (1) a review of all existing 3279 |
|---|
| 6330 | + | education mandates required by state law, (2) the costs incurred by local 3280 |
|---|
| 6331 | + | and regional boards of education resulting from the implementation of 3281 |
|---|
| 6332 | + | such education mandates, and (3) how such education mandates are 3282 |
|---|
| 6333 | + | being implemented by local and regional boards of education, 3283 |
|---|
| 6334 | + | including, but not limited to, the manner in which and how often such 3284 |
|---|
| 6335 | + | education mandate is being implemented. The council shall submit such 3285 |
|---|
| 6336 | + | report, and any recommendations for legislation, to the joint standing 3286 |
|---|
| 6337 | + | committee of the General Assembly having cognizance of matters 3287 |
|---|
| 6338 | + | relating to education and the Commissioner of Education, in accordance 3288 |
|---|
| 6339 | + | with the provisions of section 11-4a of the general statutes. 3289 |
|---|
| 6340 | + | Sec. 109. (Effective July 1, 2024) Notwithstanding any provision of the 3290 |
|---|
| 6341 | + | general statutes, for the fiscal year ending June 30, 2025, the Secretary of 3291 |
|---|
| 6342 | + | the Office of Policy and Management shall utilize the Commissioner of 3292 |
|---|
| 6343 | + | Public Health's 2021 population estimates certified pursuant to section 3293 |
|---|
| 6344 | + | 19a-2a of the general statutes for the purposes of calculating municipal 3294 |
|---|
| 6345 | + | grants of which the current population of a municipality is a component. 3295 |
|---|
| 6346 | + | Sec. 110. Subsection (a) of section 10a-1a of the general statutes is 3296 |
|---|
| 6347 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 3297 |
|---|
| 6348 | + | 2024): 3298 |
|---|
| 6349 | + | (a) There shall be a Board of Regents for Higher Education that shall 3299 |
|---|
| 6350 | + | serve as the governing body for the regional community-technical 3300 |
|---|
| 6351 | + | college system, the Connecticut State University System and Charter 3301 |
|---|
| 6352 | + | Oak State College. The board shall consist of [twenty-two] twenty-three 3302 |
|---|
| 6353 | + | members who shall be distinguished leaders of the community in 3303 |
|---|
| 6354 | + | Connecticut. The board shall reflect the state's geographic, racial and 3304 |
|---|
| 6355 | + | ethnic diversity. The voting members shall not be employed by or be a 3305 |
|---|
| 6356 | + | member of a board of trustees for any independent institution of higher 3306 |
|---|
| 6357 | + | education in this state or the Board of Trustees for The University of 3307 |
|---|
| 6358 | + | Connecticut nor shall they be public officials or state employees, as such 3308 |
|---|
| 6359 | + | terms are defined in section 1-79, during their term of membership on 3309 |
|---|
| 6360 | + | the Board of Regents for Higher Education. The Governor shall appoint 3310 |
|---|
| 6361 | + | Bill No. |
|---|
| 6362 | + | |
|---|
| 6363 | + | |
|---|
| 6364 | + | |
|---|
| 6365 | + | LCO No. 5697 147 of 350 |
|---|
| 6366 | + | |
|---|
| 6367 | + | nine members to the board as follows: Three members for a term of two 3311 |
|---|
| 6368 | + | years; three members for a term of four years; and three members for a 3312 |
|---|
| 6369 | + | term of six years. Thereafter, the Governor shall appoint members of the 3313 |
|---|
| 6370 | + | board to succeed such appointees whose terms expire and each member 3314 |
|---|
| 6371 | + | so appointed shall hold office for a period of six years from the first day 3315 |
|---|
| 6372 | + | of July in the year of his or her appointment. Four members of the board 3316 |
|---|
| 6373 | + | shall be appointed as follows: One appointment by the president pro 3317 |
|---|
| 6374 | + | tempore of the Senate, who shall be an alumnus of the regional 3318 |
|---|
| 6375 | + | community-technical college system, for a term of four years; one 3319 |
|---|
| 6376 | + | appointment by the minority leader of the Senate, who shall be a 3320 |
|---|
| 6377 | + | specialist in the education of children in grades kindergarten to twelve, 3321 |
|---|
| 6378 | + | inclusive, for a term of three years; one appointment by the speaker of 3322 |
|---|
| 6379 | + | the House of Representatives, who shall be an alumnus of the 3323 |
|---|
| 6380 | + | Connecticut State University System, for a term of four years; and one 3324 |
|---|
| 6381 | + | appointment by the minority leader of the House of Representatives, 3325 |
|---|
| 6382 | + | who shall be an alumnus of Charter Oak State College, for a term of 3326 |
|---|
| 6383 | + | three years. Thereafter, such members of the General Assembly shall 3327 |
|---|
| 6384 | + | appoint members of the board to succeed such appointees whose terms 3328 |
|---|
| 6385 | + | expire and each member so appointed shall hold office for a period of 3329 |
|---|
| 6386 | + | four years from the first day of July in the year of his or her appointment. 3330 |
|---|
| 6387 | + | The chairperson and vice-chairperson of the student advisory 3331 |
|---|
| 6388 | + | committee created under section 10a-3 shall serve as members of the 3332 |
|---|
| 6389 | + | board. The chairperson and vice-chairperson of the faculty advisory 3333 |
|---|
| 6390 | + | committee created under section 10a-3a shall serve as ex-officio, 3334 |
|---|
| 6391 | + | nonvoting members of the board for a term of two years and, in their 3335 |
|---|
| 6392 | + | respective roles as chairperson and vice-chairperson, may be invited to 3336 |
|---|
| 6393 | + | any executive session, as defined in section 1-200, of the board by the 3337 |
|---|
| 6394 | + | chairperson of the board. The Commissioners of Education, Economic 3338 |
|---|
| 6395 | + | and Community Development and Public Health, the Labor 3339 |
|---|
| 6396 | + | Commissioner, the Secretary of the Office of Policy and Management 3340 |
|---|
| 6397 | + | and the Chief Workforce Officer shall serve as ex-officio, nonvoting 3341 |
|---|
| 6398 | + | members of the board. 3342 |
|---|
| 6399 | + | Sec. 111. (Effective from passage) The Legislative Commissioners' Office 3343 |
|---|
| 6400 | + | Bill No. |
|---|
| 6401 | + | |
|---|
| 6402 | + | |
|---|
| 6403 | + | |
|---|
| 6404 | + | LCO No. 5697 148 of 350 |
|---|
| 6405 | + | |
|---|
| 6406 | + | shall, in codifying the provisions of this act, make such technical, 3344 |
|---|
| 6407 | + | grammatical and punctuation changes as are necessary to carry out the 3345 |
|---|
| 6408 | + | purposes of this act, including, but not limited to, correcting inaccurate 3346 |
|---|
| 6409 | + | internal references. 3347 |
|---|
| 6410 | + | Sec. 112. (NEW) (Effective July 1, 2024) (a) As used in this section, 3348 |
|---|
| 6411 | + | sections 10-65 of the general statutes, 10-264l of the general statutes and 3349 |
|---|
| 6412 | + | 10-266aa of the general statutes and section 113 of this act: 3350 |
|---|
| 6413 | + | (1) "Choice program" means (A) an interdistrict magnet school 3351 |
|---|
| 6414 | + | program, or (B) a regional agricultural science and technology center. 3352 |
|---|
| 6415 | + | (2) "Foundation" has the same meaning as provided in section 10-262f 3353 |
|---|
| 6416 | + | of the general statutes, except that for an interdistrict magnet school 3354 |
|---|
| 6417 | + | operator that is not a local or regional board of education, the 3355 |
|---|
| 6418 | + | foundation is for the fiscal year ending June 30, 2025, eleven thousand 3356 |
|---|
| 6419 | + | five hundred twenty-five dollars. 3357 |
|---|
| 6420 | + | (3) "Resident students" has the same meaning as provided in section 3358 |
|---|
| 6421 | + | 10-262f of the general statutes. 3359 |
|---|
| 6422 | + | (4) "Resident choice program students" means the number of part-3360 |
|---|
| 6423 | + | time and full-time students of a town enrolled or participating in a 3361 |
|---|
| 6424 | + | particular choice program. 3362 |
|---|
| 6425 | + | (5) "Total need students" has the same meaning as provided in section 3363 |
|---|
| 6426 | + | 10-262f of the general statutes. 3364 |
|---|
| 6427 | + | (6) "Total magnet school program need students" means the sum of 3365 |
|---|
| 6428 | + | (A) the number of part-time and full-time students enrolled in the 3366 |
|---|
| 6429 | + | interdistrict magnet school program of the interdistrict magnet school 3367 |
|---|
| 6430 | + | operator that is (i) not a local or regional board of education, (ii) the 3368 |
|---|
| 6431 | + | board of governors for an independent institution of higher education, 3369 |
|---|
| 6432 | + | as defined in subsection (a) of section 10a-173 of the general statutes, or 3370 |
|---|
| 6433 | + | the equivalent of such a board, on behalf of the independent institution 3371 |
|---|
| 6434 | + | of higher education, or (iii) any other third-party, not-for-profit 3372 |
|---|
| 6435 | + | Bill No. |
|---|
| 6436 | + | |
|---|
| 6437 | + | |
|---|
| 6438 | + | |
|---|
| 6439 | + | LCO No. 5697 149 of 350 |
|---|
| 6440 | + | |
|---|
| 6441 | + | corporation approved by the Commissioner of Education, for the school 3373 |
|---|
| 6442 | + | year, and (B) for the school year commencing July 1, 2024, (i) thirty per 3374 |
|---|
| 6443 | + | cent of the number of part-time and full-time students enrolled in such 3375 |
|---|
| 6444 | + | interdistrict magnet school program eligible for free or reduced price 3376 |
|---|
| 6445 | + | meals or free milk, (ii) fifteen per cent of the number of such part-time 3377 |
|---|
| 6446 | + | and full-time students eligible for free or reduced price meals or free 3378 |
|---|
| 6447 | + | milk in excess of the number of such part-time and full-time students 3379 |
|---|
| 6448 | + | eligible for free or reduced price meals or free milk that is equal to sixty 3380 |
|---|
| 6449 | + | per cent of the total number of students enrolled in such interdistrict 3381 |
|---|
| 6450 | + | magnet school program, (iii) twenty-five per cent of the number of part-3382 |
|---|
| 6451 | + | time and full-time students enrolled in such interdistrict magnet school 3383 |
|---|
| 6452 | + | program who are English language learners, and (iv) if such interdistrict 3384 |
|---|
| 6453 | + | magnet school program is assisting the state in meeting its obligations 3385 |
|---|
| 6454 | + | pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 3386 |
|---|
| 6455 | + | related stipulation or order in effect, as determined by the 3387 |
|---|
| 6456 | + | commissioner, for the fiscal year ending June 30, 2025, thirty per cent of 3388 |
|---|
| 6457 | + | the number of part-time and full-time students enrolled in such 3389 |
|---|
| 6458 | + | interdistrict magnet school program. 3390 |
|---|
| 6459 | + | (7) "Sending town" means the town that sends resident choice 3391 |
|---|
| 6460 | + | program students, which it would otherwise be legally responsible for 3392 |
|---|
| 6461 | + | educating, to a choice program. 3393 |
|---|
| 6462 | + | (8) "Receiving district" has the same meaning as provided in section 3394 |
|---|
| 6463 | + | 10-266aa of the general statutes. 3395 |
|---|
| 6464 | + | (9) "Weighted funding amount per pupil" means the quotient of (A) 3396 |
|---|
| 6465 | + | the product of the foundation and a town's total need students for the 3397 |
|---|
| 6466 | + | fiscal year prior to the year in which the grant is to be paid, and (B) the 3398 |
|---|
| 6467 | + | number of resident students of the town. 3399 |
|---|
| 6468 | + | (10) "In-district student" means a student enrolled or participating in 3400 |
|---|
| 6469 | + | a choice program operated or maintained by a local or regional board of 3401 |
|---|
| 6470 | + | education and for whom such local or regional board of education is 3402 |
|---|
| 6471 | + | legally responsible for educating. 3403 |
|---|
| 6472 | + | Bill No. |
|---|
| 6473 | + | |
|---|
| 6474 | + | |
|---|
| 6475 | + | |
|---|
| 6476 | + | LCO No. 5697 150 of 350 |
|---|
| 6477 | + | |
|---|
| 6478 | + | (11) "Out-of-district student" means a student enrolled or 3404 |
|---|
| 6479 | + | participating in a choice program operated or maintained by a local or 3405 |
|---|
| 6480 | + | regional board of education and who does not reside in the town or a 3406 |
|---|
| 6481 | + | member town of such local or regional board of education. 3407 |
|---|
| 6482 | + | (12) "Total revenue per pupil" means the sum of (A) the per student 3408 |
|---|
| 6483 | + | amount of the grant for a choice program student for the fiscal year 3409 |
|---|
| 6484 | + | ending June 30, 2024, (B) the per student amount of any general 3410 |
|---|
| 6485 | + | education tuition for a student in such choice program for the fiscal year 3411 |
|---|
| 6486 | + | ending June 30, 2024, and (C) the per child amount of any tuition 3412 |
|---|
| 6487 | + | charged for a child enrolled in a preschool program offered by a regional 3413 |
|---|
| 6488 | + | educational service center operating an interdistrict magnet school 3414 |
|---|
| 6489 | + | preschool program for the fiscal year ending June 30, 2024, pursuant to 3415 |
|---|
| 6490 | + | section 10-264l of the general statutes. 3416 |
|---|
| 6491 | + | (13) "Adjusted total revenue per pupil" means the sum of (A) the per 3417 |
|---|
| 6492 | + | student amount of the grant for a choice program student for the fiscal 3418 |
|---|
| 6493 | + | year ending June 30, 2025, (B) the per student amount of any general 3419 |
|---|
| 6494 | + | education tuition for a student in such choice program for the fiscal year 3420 |
|---|
| 6495 | + | ending June 30, 2025, and (C) the per child amount of any tuition 3421 |
|---|
| 6496 | + | charged for a child enrolled in a preschool program offered by a regional 3422 |
|---|
| 6497 | + | educational service center operating an interdistrict magnet school 3423 |
|---|
| 6498 | + | preschool program for the fiscal year ending June 30, 2025, pursuant to 3424 |
|---|
| 6499 | + | section 10-264l of the general statutes. 3425 |
|---|
| 6500 | + | (14) "Sending town adjustment factor" means the product of (A) the 3426 |
|---|
| 6501 | + | weighted funding amount per pupil or the total revenue per pupil, 3427 |
|---|
| 6502 | + | whichever is greater, for a sending town, and (B) the number of its 3428 |
|---|
| 6503 | + | resident choice program students. 3429 |
|---|
| 6504 | + | (b) (1) Except as otherwise provided in subdivision (2) of this 3430 |
|---|
| 6505 | + | subsection, for the fiscal year ending June 30, 2025, an interdistrict 3431 |
|---|
| 6506 | + | magnet school program operator that is not a local or regional board of 3432 |
|---|
| 6507 | + | education shall be entitled to a grant in an amount equal to the sum of 3433 |
|---|
| 6508 | + | (A) forty-two per cent of the difference between (i) the product of the 3434 |
|---|
| 6509 | + | Bill No. |
|---|
| 6510 | + | |
|---|
| 6511 | + | |
|---|
| 6512 | + | |
|---|
| 6513 | + | LCO No. 5697 151 of 350 |
|---|
| 6514 | + | |
|---|
| 6515 | + | foundation and its total magnet school program need students, and (ii) 3435 |
|---|
| 6516 | + | the per student amount such operator received under section 10-264l of 3436 |
|---|
| 6517 | + | the general statutes for the fiscal year ending June 30, 2024, multiplied 3437 |
|---|
| 6518 | + | by the number of students enrolled in such program for the fiscal year 3438 |
|---|
| 6519 | + | ending June 30, 2025, and (B) the amount described in subparagraph 3439 |
|---|
| 6520 | + | (A)(ii) of this subdivision. 3440 |
|---|
| 6521 | + | (2) For the fiscal year ending June 30, 2025, if (A) the quotient of the 3441 |
|---|
| 6522 | + | sum of the total revenue per pupil during the fiscal year ending June 30, 3442 |
|---|
| 6523 | + | 2024, and the total number of such students enrolled in such program of 3443 |
|---|
| 6524 | + | such operator during the fiscal year ending June 30, 2024, is greater than 3444 |
|---|
| 6525 | + | (B) the quotient of the sum of the adjusted total revenue per pupil and 3445 |
|---|
| 6526 | + | the number of such students enrolled in such program of such operator 3446 |
|---|
| 6527 | + | during the fiscal year ending June 30, 2025, then such operator shall be 3447 |
|---|
| 6528 | + | entitled to a grant in an amount equal to the sum of (i) the amount 3448 |
|---|
| 6529 | + | described in subdivision (1) of this subsection, and (ii) the product of the 3449 |
|---|
| 6530 | + | difference between the amount described in subparagraph (A) of this 3450 |
|---|
| 6531 | + | subdivision and the amount described in subparagraph (B) of this 3451 |
|---|
| 6532 | + | subdivision and the total number of students enrolled in such program 3452 |
|---|
| 6533 | + | of such operator during the fiscal year ending June 30, 2025. 3453 |
|---|
| 6534 | + | (c) For the fiscal year ending June 30, 2025, an interdistrict magnet 3454 |
|---|
| 6535 | + | school operator that is a local or regional board of education shall be 3455 |
|---|
| 6536 | + | entitled to a grant in an amount equal to the sum of (1) forty-two per 3456 |
|---|
| 6537 | + | cent of the difference between (A) the sum of (i) the sending town 3457 |
|---|
| 6538 | + | adjustment factors for each sending town, and (ii) the product of the 3458 |
|---|
| 6539 | + | number of in-district students enrolled in the interdistrict magnet school 3459 |
|---|
| 6540 | + | program of such board and the per student amount of the grant under 3460 |
|---|
| 6541 | + | section 10-264l of the general statutes for an in-district student enrolled 3461 |
|---|
| 6542 | + | in such interdistrict magnet school program for the fiscal year ending 3462 |
|---|
| 6543 | + | June 30, 2024, and (B) the appropriate per student amounts, for in-3463 |
|---|
| 6544 | + | district students and out-of-district students, such operator received 3464 |
|---|
| 6545 | + | under section 10-264l of the general statutes for the fiscal year ending 3465 |
|---|
| 6546 | + | June 30, 2024, multiplied by the appropriate numbers of in-district 3466 |
|---|
| 6547 | + | students and out-of-district students enrolled in such program for the 3467 |
|---|
| 6548 | + | Bill No. |
|---|
| 6549 | + | |
|---|
| 6550 | + | |
|---|
| 6551 | + | |
|---|
| 6552 | + | LCO No. 5697 152 of 350 |
|---|
| 6553 | + | |
|---|
| 6554 | + | fiscal year ending June 30, 2025, and (2) the amount described in 3468 |
|---|
| 6555 | + | subparagraph (B) of subdivision (1) of this subsection. 3469 |
|---|
| 6556 | + | (d) For the fiscal year ending June 30, 2025, a local or regional board 3470 |
|---|
| 6557 | + | of education that operates a regional agricultural science and 3471 |
|---|
| 6558 | + | technology center shall be entitled to a grant in an amount equal to the 3472 |
|---|
| 6559 | + | sum of (1) forty-two per cent of the difference between (A) the sum of 3473 |
|---|
| 6560 | + | (i) the sending town adjustment factors for each sending town, and (ii) 3474 |
|---|
| 6561 | + | the product of the number of in-district students enrolled in such center 3475 |
|---|
| 6562 | + | and five thousand two hundred, and (B) five thousand two hundred 3476 |
|---|
| 6563 | + | multiplied by the number of students enrolled in such center for the 3477 |
|---|
| 6564 | + | fiscal year ending June 30, 2025, and (2) the amount described in 3478 |
|---|
| 6565 | + | subparagraph (B) of subdivision (1) of this subsection. 3479 |
|---|
| 6566 | + | Sec. 113. (NEW) (Effective from passage) (a) Not later than June 30, 2024, 3480 |
|---|
| 6567 | + | the Department of Education shall calculate an estimated amount of 3481 |
|---|
| 6568 | + | each grant under section 112 of this act for the next fiscal year using data 3482 |
|---|
| 6569 | + | collected during the current fiscal year, and notify each local and 3483 |
|---|
| 6570 | + | regional board of education and interdistrict magnet school program 3484 |
|---|
| 6571 | + | operator that is not a local or regional board of education of such 3485 |
|---|
| 6572 | + | estimated amounts. 3486 |
|---|
| 6573 | + | (b) Not later than June 30, 2024, and then again on December 31, 2024, 3487 |
|---|
| 6574 | + | the Department of Education shall calculate an estimated amount that 3488 |
|---|
| 6575 | + | each town is entitled to receive under the provisions of section 10-262h 3489 |
|---|
| 6576 | + | of the general statutes, for the next fiscal year using data collected 3490 |
|---|
| 6577 | + | during the current fiscal year, and notify each such town of such 3491 |
|---|
| 6578 | + | estimated amount. 3492 |
|---|
| 6579 | + | (c) Not later than June 30, 2024, and then again on February 1, 2025, 3493 |
|---|
| 6580 | + | the Department of Education shall calculate an estimated amount of the 3494 |
|---|
| 6581 | + | grant under subsection (d) of section 10-66ee of the general statutes for 3495 |
|---|
| 6582 | + | each fiscal authority for a state charter school for the next fiscal year 3496 |
|---|
| 6583 | + | using data collected during the current fiscal year, and notify each such 3497 |
|---|
| 6584 | + | fiscal authority of such estimated amount. 3498 |
|---|
| 6585 | + | Bill No. |
|---|
| 6586 | + | |
|---|
| 6587 | + | |
|---|
| 6588 | + | |
|---|
| 6589 | + | LCO No. 5697 153 of 350 |
|---|
| 6590 | + | |
|---|
| 6591 | + | Sec. 114. Section 10-264l of the 2024 supplement to the general statutes 3499 |
|---|
| 6592 | + | is repealed and the following is substituted in lieu thereof (Effective July 3500 |
|---|
| 6593 | + | 1, 2024): 3501 |
|---|
| 6594 | + | (a) The Department of Education shall, within available 3502 |
|---|
| 6595 | + | appropriations, establish a grant program (1) to assist (A) local and 3503 |
|---|
| 6596 | + | regional boards of education, (B) regional educational service centers, 3504 |
|---|
| 6597 | + | (C) the Board of Trustees of the Community-Technical Colleges on 3505 |
|---|
| 6598 | + | behalf of Quinebaug Valley Community College and Three Rivers 3506 |
|---|
| 6599 | + | Community College, and (D) cooperative arrangements pursuant to 3507 |
|---|
| 6600 | + | section 10-158a, and (2) in assisting the state in meeting its obligations 3508 |
|---|
| 6601 | + | pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 3509 |
|---|
| 6602 | + | related stipulation or order in effect, as determined by the 3510 |
|---|
| 6603 | + | commissioner, to assist (A) the Board of Trustees of the Community-3511 |
|---|
| 6604 | + | Technical Colleges on behalf of a regional community-technical college, 3512 |
|---|
| 6605 | + | (B) the Board of Trustees of the Connecticut State University System on 3513 |
|---|
| 6606 | + | behalf of a state university, (C) the Board of Trustees of The University 3514 |
|---|
| 6607 | + | of Connecticut on behalf of the university, (D) the board of governors 3515 |
|---|
| 6608 | + | for an independent institution of higher education, as defined in 3516 |
|---|
| 6609 | + | subsection (a) of section 10a-173, or the equivalent of such a board, on 3517 |
|---|
| 6610 | + | behalf of the independent institution of higher education, and (E) any 3518 |
|---|
| 6611 | + | other third-party not-for-profit corporation approved by the 3519 |
|---|
| 6612 | + | commissioner with the operation of interdistrict magnet school 3520 |
|---|
| 6613 | + | programs. All interdistrict magnet schools shall be operated in 3521 |
|---|
| 6614 | + | conformance with the same laws and regulations applicable to public 3522 |
|---|
| 6615 | + | schools. For the purposes of this section "an interdistrict magnet school 3523 |
|---|
| 6616 | + | program" means a program which (i) supports racial, ethnic and 3524 |
|---|
| 6617 | + | economic diversity, (ii) offers a special and high quality curriculum, and 3525 |
|---|
| 6618 | + | (iii) requires students who are enrolled to attend at least half-time. An 3526 |
|---|
| 6619 | + | interdistrict magnet school program does not include a regional 3527 |
|---|
| 6620 | + | agricultural science and technology school, a technical education and 3528 |
|---|
| 6621 | + | career school or a regional special education center. For the school year 3529 |
|---|
| 6622 | + | commencing July 1, 2017, and each school year thereafter, the governing 3530 |
|---|
| 6623 | + | authority for each interdistrict magnet school program shall (I) restrict 3531 |
|---|
| 6624 | + | Bill No. |
|---|
| 6625 | + | |
|---|
| 6626 | + | |
|---|
| 6627 | + | |
|---|
| 6628 | + | LCO No. 5697 154 of 350 |
|---|
| 6629 | + | |
|---|
| 6630 | + | the number of students that may enroll in the school from a participating 3532 |
|---|
| 6631 | + | district to seventy-five per cent of the total school enrollment, and (II) 3533 |
|---|
| 6632 | + | maintain a total school enrollment that is in accordance with the 3534 |
|---|
| 6633 | + | reduced-isolation setting standards for interdistrict magnet school 3535 |
|---|
| 6634 | + | programs, developed by the Commissioner of Education pursuant to 3536 |
|---|
| 6635 | + | section 10-264r. 3537 |
|---|
| 6636 | + | (b) (1) Applications for interdistrict magnet school program 3538 |
|---|
| 6637 | + | operating grants awarded pursuant to this section shall be submitted 3539 |
|---|
| 6638 | + | annually to the Commissioner of Education at such time and in such 3540 |
|---|
| 6639 | + | manner as the commissioner prescribes, except that on and after July 1, 3541 |
|---|
| 6640 | + | 2009, applications for such operating grants for new interdistrict magnet 3542 |
|---|
| 6641 | + | schools, other than those that the commissioner determines will assist 3543 |
|---|
| 6642 | + | the state in meeting its obligations pursuant to the decision in Sheff v. 3544 |
|---|
| 6643 | + | O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, 3545 |
|---|
| 6644 | + | as determined by the commissioner, shall not be accepted until the 3546 |
|---|
| 6645 | + | commissioner develops a comprehensive state-wide interdistrict 3547 |
|---|
| 6646 | + | magnet school plan. The commissioner shall submit such 3548 |
|---|
| 6647 | + | comprehensive state-wide interdistrict magnet school plan on or before 3549 |
|---|
| 6648 | + | October 1, 2016, to the joint standing committees of the General 3550 |
|---|
| 6649 | + | Assembly having cognizance of matters relating to education and 3551 |
|---|
| 6650 | + | appropriations. 3552 |
|---|
| 6651 | + | (2) In determining whether an application shall be approved and 3553 |
|---|
| 6652 | + | funds awarded pursuant to this section, the commissioner shall 3554 |
|---|
| 6653 | + | consider, but such consideration shall not be limited to: (A) Whether the 3555 |
|---|
| 6654 | + | program offered by the school is likely to increase student achievement; 3556 |
|---|
| 6655 | + | (B) whether the program is likely to reduce racial, ethnic and economic 3557 |
|---|
| 6656 | + | isolation; (C) the percentage of the student enrollment in the program 3558 |
|---|
| 6657 | + | from each participating district; and (D) the proposed operating budget 3559 |
|---|
| 6658 | + | and the sources of funding for the interdistrict magnet school. For a 3560 |
|---|
| 6659 | + | magnet school not operated by a local or regional board of education, 3561 |
|---|
| 6660 | + | the commissioner shall only approve a proposed operating budget that, 3562 |
|---|
| 6661 | + | on a per pupil basis, does not exceed the maximum allowable threshold 3563 |
|---|
| 6662 | + | established in accordance with this subdivision. The maximum 3564 |
|---|
| 6663 | + | Bill No. |
|---|
| 6664 | + | |
|---|
| 6665 | + | |
|---|
| 6666 | + | |
|---|
| 6667 | + | LCO No. 5697 155 of 350 |
|---|
| 6668 | + | |
|---|
| 6669 | + | allowable threshold shall be an amount equal to one hundred twenty 3565 |
|---|
| 6670 | + | per cent of the state average of the quotient obtained by dividing net 3566 |
|---|
| 6671 | + | current expenditures, as defined in section 10-261, by average daily 3567 |
|---|
| 6672 | + | membership, as defined in said section, for the fiscal year two years 3568 |
|---|
| 6673 | + | prior to the fiscal year for which the operating grant is requested. The 3569 |
|---|
| 6674 | + | Department of Education shall establish the maximum allowable 3570 |
|---|
| 6675 | + | threshold no later than December fifteenth of the fiscal year prior to the 3571 |
|---|
| 6676 | + | fiscal year for which the operating grant is requested. If requested by an 3572 |
|---|
| 6677 | + | applicant that is not a local or regional board of education, the 3573 |
|---|
| 6678 | + | commissioner may approve a proposed operating budget that exceeds 3574 |
|---|
| 6679 | + | the maximum allowable threshold if the commissioner determines that 3575 |
|---|
| 6680 | + | there are extraordinary programmatic needs. For the fiscal years ending 3576 |
|---|
| 6681 | + | June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case 3577 |
|---|
| 6682 | + | of an interdistrict magnet school that will assist the state in meeting its 3578 |
|---|
| 6683 | + | obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 3579 |
|---|
| 6684 | + | (1996), or any related stipulation or order in effect, as determined by the 3580 |
|---|
| 6685 | + | commissioner, the commissioner shall also consider whether the school 3581 |
|---|
| 6686 | + | is meeting the reduced-isolation setting standards for interdistrict 3582 |
|---|
| 6687 | + | magnet school programs, developed by the commissioner pursuant to 3583 |
|---|
| 6688 | + | section 10-264r. If such school has not met such reduced-isolation setting 3584 |
|---|
| 6689 | + | standards, it shall not be entitled to receive a grant pursuant to this 3585 |
|---|
| 6690 | + | section unless the commissioner finds that it is appropriate to award a 3586 |
|---|
| 6691 | + | grant for an additional year or years and approves a plan to bring such 3587 |
|---|
| 6692 | + | school into compliance with such reduced-isolation setting standards. If 3588 |
|---|
| 6693 | + | requested by the commissioner, the applicant shall meet with the 3589 |
|---|
| 6694 | + | commissioner or the commissioner's designee to discuss the budget and 3590 |
|---|
| 6695 | + | sources of funding. 3591 |
|---|
| 6696 | + | (3) For the fiscal years ending June 30, 2018, to June 30, 2025, 3592 |
|---|
| 6697 | + | inclusive, the commissioner shall not award a grant to an interdistrict 3593 |
|---|
| 6698 | + | magnet school program that (A) has more than seventy-five per cent of 3594 |
|---|
| 6699 | + | the total school enrollment from one school district, or (B) does not 3595 |
|---|
| 6700 | + | maintain a total school enrollment that is in accordance with the 3596 |
|---|
| 6701 | + | reduced-isolation setting standards for interdistrict magnet school 3597 |
|---|
| 6702 | + | Bill No. |
|---|
| 6703 | + | |
|---|
| 6704 | + | |
|---|
| 6705 | + | |
|---|
| 6706 | + | LCO No. 5697 156 of 350 |
|---|
| 6707 | + | |
|---|
| 6708 | + | programs, developed by the Commissioner of Education pursuant to 3598 |
|---|
| 6709 | + | section 10-264r, except the commissioner may award a grant to such 3599 |
|---|
| 6710 | + | school for an additional year or years if the commissioner finds it is 3600 |
|---|
| 6711 | + | appropriate to do so and approves a plan to bring such school into 3601 |
|---|
| 6712 | + | compliance with such residency or reduced-isolation setting standards. 3602 |
|---|
| 6713 | + | (4) For the fiscal years ending June 30, 2018, to June 30, 2021, 3603 |
|---|
| 6714 | + | inclusive, if an interdistrict magnet school program does not maintain a 3604 |
|---|
| 6715 | + | total school enrollment that is in accordance with the reduced-isolation 3605 |
|---|
| 6716 | + | setting standards for interdistrict magnet school programs, developed 3606 |
|---|
| 6717 | + | by the commissioner pursuant to section 10-264r, for two or more 3607 |
|---|
| 6718 | + | consecutive years, the commissioner may impose a financial penalty on 3608 |
|---|
| 6719 | + | the operator of such interdistrict magnet school program, or take any 3609 |
|---|
| 6720 | + | other measure, in consultation with such operator, as may be 3610 |
|---|
| 6721 | + | appropriate to assist such operator in complying with such reduced-3611 |
|---|
| 6722 | + | isolation setting standards. 3612 |
|---|
| 6723 | + | (5) For the fiscal year ending June 30, 2025, for the purposes of 3613 |
|---|
| 6724 | + | equalization aid under section 10-262h, a student enrolled in an 3614 |
|---|
| 6725 | + | interdistrict magnet school program shall be counted as a resident 3615 |
|---|
| 6726 | + | student, as defined in section 10-262f, of the town in which such student 3616 |
|---|
| 6727 | + | resides. 3617 |
|---|
| 6728 | + | (c) (1) [The maximum amount each interdistrict magnet school 3618 |
|---|
| 6729 | + | program, except those described in subparagraphs (A) to (G), inclusive, 3619 |
|---|
| 6730 | + | of subdivision (3) of this subsection, shall be eligible to receive per 3620 |
|---|
| 6731 | + | enrolled student who is not a resident of the town operating the magnet 3621 |
|---|
| 6732 | + | school shall be (A) for the fiscal year ending June 30, 2024, seven 3622 |
|---|
| 6733 | + | thousand two hundred twenty-seven dollars, and (B) for the fiscal year 3623 |
|---|
| 6734 | + | ending June 30, 2025, and each fiscal year thereafter, at least seven 3624 |
|---|
| 6735 | + | thousand two hundred twenty-seven dollars. The per pupil grant for 3625 |
|---|
| 6736 | + | each enrolled student who is a resident of the town operating the 3626 |
|---|
| 6737 | + | magnet school program shall be (i) for the fiscal year ending June 30, 3627 |
|---|
| 6738 | + | 2024, three thousand sixty dollars, and (ii) for the fiscal year ending June 3628 |
|---|
| 6739 | + | 30, 2025, and each fiscal year thereafter, at least three thousand sixty 3629 |
|---|
| 6740 | + | Bill No. |
|---|
| 6741 | + | |
|---|
| 6742 | + | |
|---|
| 6743 | + | |
|---|
| 6744 | + | LCO No. 5697 157 of 350 |
|---|
| 6745 | + | |
|---|
| 6746 | + | dollars.] For the fiscal year ending June 30, 2025, each interdistrict 3630 |
|---|
| 6747 | + | magnet school operator shall be paid a grant equal to the amount the 3631 |
|---|
| 6748 | + | operator is entitled to receive under the provisions of section 112 of this 3632 |
|---|
| 6749 | + | act. 3633 |
|---|
| 6750 | + | (2) For the fiscal year ending June 30, 2003, and each fiscal year 3634 |
|---|
| 6751 | + | thereafter, the commissioner may, within available appropriations, 3635 |
|---|
| 6752 | + | provide supplemental grants for the purposes of enhancing educational 3636 |
|---|
| 6753 | + | programs in such interdistrict magnet schools, as the commissioner 3637 |
|---|
| 6754 | + | determines. Such grants shall be made after the commissioner has 3638 |
|---|
| 6755 | + | conducted a comprehensive financial review and approved the total 3639 |
|---|
| 6756 | + | operating budget for such schools, including all revenue and 3640 |
|---|
| 6757 | + | expenditure estimates. 3641 |
|---|
| 6758 | + | [(3) (A) Except as otherwise provided in subparagraphs (C) to (G), 3642 |
|---|
| 6759 | + | inclusive, of this subdivision, each interdistrict magnet school operated 3643 |
|---|
| 6760 | + | by a regional educational service center that enrolls less than fifty-five 3644 |
|---|
| 6761 | + | per cent of the school's students from a single town shall receive a per 3645 |
|---|
| 6762 | + | pupil grant in the amount of (i) for the fiscal year ending June 30, 2024, 3646 |
|---|
| 6763 | + | eight thousand fifty-eight dollars, and (ii) for the fiscal year ending June 3647 |
|---|
| 6764 | + | 30, 2025, and each fiscal year thereafter, at least eight thousand fifty-3648 |
|---|
| 6765 | + | eight dollars. 3649 |
|---|
| 6766 | + | (B) Except as otherwise provided in subparagraphs (C) to (G), 3650 |
|---|
| 6767 | + | inclusive, of this subdivision, each interdistrict magnet school operated 3651 |
|---|
| 6768 | + | by a regional educational service center that enrolls at least fifty-five per 3652 |
|---|
| 6769 | + | cent of the school's students from a single town shall receive a per pupil 3653 |
|---|
| 6770 | + | grant for each enrolled student who is not a resident of the district that 3654 |
|---|
| 6771 | + | enrolls at least fifty-five per cent of the school's students in the amount 3655 |
|---|
| 6772 | + | of (i) for the fiscal year ending June 30, 2024, seven thousand two 3656 |
|---|
| 6773 | + | hundred twenty-seven dollars, and (ii) for the fiscal year ending June 3657 |
|---|
| 6774 | + | 30, 2025, and each fiscal year thereafter, at least seven thousand two 3658 |
|---|
| 6775 | + | hundred twenty-seven dollars. The per pupil grant for each enrolled 3659 |
|---|
| 6776 | + | student who is a resident of the district that enrolls at least fifty-five per 3660 |
|---|
| 6777 | + | cent of the school's students shall be (I) for the fiscal year ending June 3661 |
|---|
| 6778 | + | Bill No. |
|---|
| 6779 | + | |
|---|
| 6780 | + | |
|---|
| 6781 | + | |
|---|
| 6782 | + | LCO No. 5697 158 of 350 |
|---|
| 6783 | + | |
|---|
| 6784 | + | 30, 2024, three thousand sixty dollars, and (II) for the fiscal year ending 3662 |
|---|
| 6785 | + | June 30, 2025, and each fiscal year thereafter, at least three thousand 3663 |
|---|
| 6786 | + | sixty dollars. 3664 |
|---|
| 6787 | + | (C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019, 3665 |
|---|
| 6788 | + | inclusive, each interdistrict magnet school operated by a regional 3666 |
|---|
| 6789 | + | educational service center that began operations for the school year 3667 |
|---|
| 6790 | + | commencing July 1, 2001, and that for the school year commencing July 3668 |
|---|
| 6791 | + | 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per 3669 |
|---|
| 6792 | + | cent of the school's students from a single town, shall receive a per pupil 3670 |
|---|
| 6793 | + | grant (I) for each enrolled student who is a resident of the district that 3671 |
|---|
| 6794 | + | enrolls at least fifty-five per cent, but no more than eighty per cent of the 3672 |
|---|
| 6795 | + | school's students, up to an amount equal to the total number of such 3673 |
|---|
| 6796 | + | enrolled students as of October 1, 2013, using the data of record, in the 3674 |
|---|
| 6797 | + | amount of eight thousand one hundred eighty dollars, (II) for each 3675 |
|---|
| 6798 | + | enrolled student who is a resident of the district that enrolls at least fifty-3676 |
|---|
| 6799 | + | five per cent, but not more than eighty per cent of the school's students, 3677 |
|---|
| 6800 | + | in an amount greater than the total number of such enrolled students as 3678 |
|---|
| 6801 | + | of October 1, 2013, using the data of record, in the amount of three 3679 |
|---|
| 6802 | + | thousand dollars, (III) for each enrolled student who is not a resident of 3680 |
|---|
| 6803 | + | the district that enrolls at least fifty-five per cent, but no more than 3681 |
|---|
| 6804 | + | eighty per cent of the school's students, up to an amount equal to the 3682 |
|---|
| 6805 | + | total number of such enrolled students as of October 1, 2013, using the 3683 |
|---|
| 6806 | + | data of record, in the amount of eight thousand one hundred eighty 3684 |
|---|
| 6807 | + | dollars, and (IV) for each enrolled student who is not a resident of the 3685 |
|---|
| 6808 | + | district that enrolls at least fifty-five per cent, but not more than eighty 3686 |
|---|
| 6809 | + | per cent of the school's students, in an amount greater than the total 3687 |
|---|
| 6810 | + | number of such enrolled students as of October 1, 2013, using the data 3688 |
|---|
| 6811 | + | of record, in the amount of seven thousand eighty-five dollars. 3689 |
|---|
| 6812 | + | (ii) For the fiscal years ending June 30, 2020, to June 30, 2022, 3690 |
|---|
| 6813 | + | inclusive, each interdistrict magnet school operated by a regional 3691 |
|---|
| 6814 | + | educational service center that began operations for the school year 3692 |
|---|
| 6815 | + | commencing July 1, 2001, and that for the school year commencing July 3693 |
|---|
| 6816 | + | 1, 2008, enrolled at least fifty-five per cent, but not more than eighty per 3694 |
|---|
| 6817 | + | Bill No. |
|---|
| 6818 | + | |
|---|
| 6819 | + | |
|---|
| 6820 | + | |
|---|
| 6821 | + | LCO No. 5697 159 of 350 |
|---|
| 6822 | + | |
|---|
| 6823 | + | cent of the school's students from a single town, shall receive a per pupil 3695 |
|---|
| 6824 | + | grant (I) for each enrolled student who is a resident of the district that 3696 |
|---|
| 6825 | + | enrolls at least fifty-five per cent, but not more than eighty per cent of 3697 |
|---|
| 6826 | + | the school's students, up to an amount equal to the total number of such 3698 |
|---|
| 6827 | + | enrolled students as of October 1, 2013, using the data of record, in the 3699 |
|---|
| 6828 | + | amount of eight thousand three hundred forty-four dollars, (II) for each 3700 |
|---|
| 6829 | + | enrolled student who is a resident of the district that enrolls at least fifty-3701 |
|---|
| 6830 | + | five per cent, but not more than eighty per cent of the school's students, 3702 |
|---|
| 6831 | + | in an amount greater than the total number of such enrolled students as 3703 |
|---|
| 6832 | + | of October 1, 2013, using the data of record, in the amount of three 3704 |
|---|
| 6833 | + | thousand sixty dollars, (III) for each enrolled student who is not a 3705 |
|---|
| 6834 | + | resident of the district that enrolls at least fifty-five per cent, but no more 3706 |
|---|
| 6835 | + | than eighty per cent of the school's students, up to an amount equal to 3707 |
|---|
| 6836 | + | the total number of such enrolled students as of October 1, 2013, using 3708 |
|---|
| 6837 | + | the data of record, in the amount of eight thousand three hundred forty-3709 |
|---|
| 6838 | + | four dollars, and (IV) for each enrolled student who is not a resident of 3710 |
|---|
| 6839 | + | the district that enrolls at least fifty-five per cent, but not more than 3711 |
|---|
| 6840 | + | eighty per cent of the school's students, in an amount greater than the 3712 |
|---|
| 6841 | + | total number of such enrolled students as of October 1, 2013, using the 3713 |
|---|
| 6842 | + | data of record, in the amount of seven thousand two hundred twenty-3714 |
|---|
| 6843 | + | seven dollars. 3715 |
|---|
| 6844 | + | (D) (i) Except as otherwise provided in subparagraph (D)(ii) of this 3716 |
|---|
| 6845 | + | subdivision, each interdistrict magnet school operated by (I) a regional 3717 |
|---|
| 6846 | + | educational service center, (II) the Board of Trustees of the Community-3718 |
|---|
| 6847 | + | Technical Colleges on behalf of a regional community-technical college, 3719 |
|---|
| 6848 | + | (III) the Board of Trustees of the Connecticut State University System on 3720 |
|---|
| 6849 | + | behalf of a state university, (IV) the Board of Trustees for The University 3721 |
|---|
| 6850 | + | of Connecticut on behalf of the university, (V) the board of governors 3722 |
|---|
| 6851 | + | for an independent institution of higher education, as defined in 3723 |
|---|
| 6852 | + | subsection (a) of section 10a-173, or the equivalent of such a board, on 3724 |
|---|
| 6853 | + | behalf of the independent institution of higher education, except as 3725 |
|---|
| 6854 | + | otherwise provided in subparagraph (E) of this subdivision, (VI) 3726 |
|---|
| 6855 | + | cooperative arrangements pursuant to section 10-158a, (VII) any other 3727 |
|---|
| 6856 | + | Bill No. |
|---|
| 6857 | + | |
|---|
| 6858 | + | |
|---|
| 6859 | + | |
|---|
| 6860 | + | LCO No. 5697 160 of 350 |
|---|
| 6861 | + | |
|---|
| 6862 | + | third-party not-for-profit corporation approved by the commissioner, 3728 |
|---|
| 6863 | + | and (VIII) the Hartford school district for the operation of Great Path 3729 |
|---|
| 6864 | + | Academy on behalf of Manchester Community College, that enrolls less 3730 |
|---|
| 6865 | + | than sixty per cent of its students from Hartford shall receive a per pupil 3731 |
|---|
| 6866 | + | grant in the amount of ten thousand six hundred fifty-two dollars for 3732 |
|---|
| 6867 | + | the fiscal year ending June 30, 2024, and at least ten thousand six 3733 |
|---|
| 6868 | + | hundred fifty-two dollars for the fiscal year ending June 30, 2025, and 3734 |
|---|
| 6869 | + | each fiscal year thereafter, except the commissioner may make grants 3735 |
|---|
| 6870 | + | under this subparagraph to an interdistrict magnet school operator 3736 |
|---|
| 6871 | + | described in this subparagraph that enrolls more than sixty per cent of 3737 |
|---|
| 6872 | + | its students from Hartford. 3738 |
|---|
| 6873 | + | (ii) Any interdistrict magnet school described in subparagraph (D)(i) 3739 |
|---|
| 6874 | + | of this subdivision that enrolls less than fifty per cent of its incoming 3740 |
|---|
| 6875 | + | students from Hartford shall receive a per pupil grant (I) for the fiscal 3741 |
|---|
| 6876 | + | year ending June 30, 2024, in the amount of eight thousand fifty-eight 3742 |
|---|
| 6877 | + | dollars for one-half of the total number of non-Hartford students 3743 |
|---|
| 6878 | + | enrolled in the school over fifty per cent of the total school enrollment 3744 |
|---|
| 6879 | + | and shall receive a per pupil grant in the amount of ten thousand six 3745 |
|---|
| 6880 | + | hundred fifty-two dollars for the remainder of the total school 3746 |
|---|
| 6881 | + | enrollment, and (II) for the fiscal year ending June 30, 2025, and each 3747 |
|---|
| 6882 | + | fiscal year thereafter, in the amount of at least eight thousand fifty-eight 3748 |
|---|
| 6883 | + | dollars for one-half of the total number of non-Hartford students 3749 |
|---|
| 6884 | + | enrolled in the school over fifty per cent of the total school enrollment 3750 |
|---|
| 6885 | + | and shall receive a per pupil grant in the amount of at least ten thousand 3751 |
|---|
| 6886 | + | six hundred fifty-two dollars for the remainder of the total school 3752 |
|---|
| 6887 | + | enrollment, except the commissioner may, upon the written request of 3753 |
|---|
| 6888 | + | an operator of such school, waive such fifty per cent enrollment 3754 |
|---|
| 6889 | + | minimum for good cause. 3755 |
|---|
| 6890 | + | (E) For the fiscal year ending June 30, 2015, and each fiscal year 3756 |
|---|
| 6891 | + | thereafter, each interdistrict magnet school operated by the board of 3757 |
|---|
| 6892 | + | governors for an independent institution of higher education, as defined 3758 |
|---|
| 6893 | + | in subsection (a) of section 10a-173, or the equivalent of such a board, on 3759 |
|---|
| 6894 | + | behalf of the independent institution of higher education, that (i) began 3760 |
|---|
| 6895 | + | Bill No. |
|---|
| 6896 | + | |
|---|
| 6897 | + | |
|---|
| 6898 | + | |
|---|
| 6899 | + | LCO No. 5697 161 of 350 |
|---|
| 6900 | + | |
|---|
| 6901 | + | operations for the school year commencing July 1, 2014, (ii) enrolls less 3761 |
|---|
| 6902 | + | than sixty per cent of its students from Hartford pursuant to the decision 3762 |
|---|
| 6903 | + | in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 3763 |
|---|
| 6904 | + | in effect, as determined by the commissioner, and (iii) enrolls students 3764 |
|---|
| 6905 | + | at least half-time, shall be eligible to receive a per pupil grant (I) equal 3765 |
|---|
| 6906 | + | to sixty-five per cent of the grant amount determined pursuant to 3766 |
|---|
| 6907 | + | subparagraph (D) of this subdivision for each student who is enrolled 3767 |
|---|
| 6908 | + | at such school for at least two semesters in each school year, and (II) 3768 |
|---|
| 6909 | + | equal to thirty-two and one-half per cent of the grant amount 3769 |
|---|
| 6910 | + | determined pursuant to subparagraph (D) of this subdivision for each 3770 |
|---|
| 6911 | + | student who is enrolled at such school for one semester in each school 3771 |
|---|
| 6912 | + | year. 3772 |
|---|
| 6913 | + | (F) Each interdistrict magnet school operated by a local or regional 3773 |
|---|
| 6914 | + | board of education, pursuant to the decision in Sheff v. O'Neill, 238 3774 |
|---|
| 6915 | + | Conn. 1 (1996), or any related stipulation or order in effect, shall receive 3775 |
|---|
| 6916 | + | a per pupil grant for each enrolled student who is not a resident of the 3776 |
|---|
| 6917 | + | district in the amount of (i) thirteen thousand three hundred fifteen 3777 |
|---|
| 6918 | + | dollars for the fiscal year ending June 30, 2024, and (ii) for the fiscal year 3778 |
|---|
| 6919 | + | ending June 30, 2025, and each fiscal year thereafter, at least thirteen 3779 |
|---|
| 6920 | + | thousand three hundred fifteen dollars. 3780 |
|---|
| 6921 | + | (G) In addition to the grants described in subparagraph (E) of this 3781 |
|---|
| 6922 | + | subdivision, for the fiscal year ending June 30, 2010, the commissioner 3782 |
|---|
| 6923 | + | may, subject to the approval of the Secretary of the Office of Policy and 3783 |
|---|
| 6924 | + | Management and the Finance Advisory Committee, established 3784 |
|---|
| 6925 | + | pursuant to section 4-93, provide supplemental grants to the Hartford 3785 |
|---|
| 6926 | + | school district of up to one thousand fifty-four dollars for each student 3786 |
|---|
| 6927 | + | enrolled at an interdistrict magnet school operated by the Hartford 3787 |
|---|
| 6928 | + | school district who is not a resident of such district. 3788 |
|---|
| 6929 | + | (H) For the fiscal year ending June 30, 2016, and each fiscal year 3789 |
|---|
| 6930 | + | thereafter, the half-day Greater Hartford Academy of the Arts 3790 |
|---|
| 6931 | + | interdistrict magnet school operated by the Capital Region Education 3791 |
|---|
| 6932 | + | Council shall be eligible to receive a per pupil grant equal to sixty-five 3792 |
|---|
| 6933 | + | Bill No. |
|---|
| 6934 | + | |
|---|
| 6935 | + | |
|---|
| 6936 | + | |
|---|
| 6937 | + | LCO No. 5697 162 of 350 |
|---|
| 6938 | + | |
|---|
| 6939 | + | per cent of the per pupil grant specified in subparagraph (A) of this 3793 |
|---|
| 6940 | + | subdivision. 3794 |
|---|
| 6941 | + | (I) For the fiscal years ending June 30, 2016, to June 30, 2018, inclusive, 3795 |
|---|
| 6942 | + | the half-day Greater Hartford Academy of Mathematics and Science 3796 |
|---|
| 6943 | + | interdistrict magnet school operated by the Capitol Region Education 3797 |
|---|
| 6944 | + | Council shall be eligible to receive a per pupil grant equal to six 3798 |
|---|
| 6945 | + | thousand seven hundred eighty-seven dollars for (i) students enrolled 3799 |
|---|
| 6946 | + | in grades ten to twelve, inclusive, for the fiscal year ending June 30, 2016, 3800 |
|---|
| 6947 | + | (ii) students enrolled in grades eleven and twelve for the fiscal year 3801 |
|---|
| 6948 | + | ending June 30, 2017, and (iii) students enrolled in grade twelve for the 3802 |
|---|
| 6949 | + | fiscal year ending June 30, 2018. For the fiscal year ending June 30, 2016, 3803 |
|---|
| 6950 | + | and each fiscal year thereafter, the half-day Greater Hartford Academy 3804 |
|---|
| 6951 | + | of Mathematics and Science interdistrict magnet school shall not be 3805 |
|---|
| 6952 | + | eligible for any additional grants pursuant to subsection (c) of this 3806 |
|---|
| 6953 | + | section. 3807 |
|---|
| 6954 | + | (4) For the fiscal years ending June 30, 2015, and June 30, 2016, the 3808 |
|---|
| 6955 | + | department may limit payment to an interdistrict magnet school 3809 |
|---|
| 6956 | + | operator to an amount equal to the grant that such magnet school 3810 |
|---|
| 6957 | + | operator was eligible to receive based on the enrollment level of the 3811 |
|---|
| 6958 | + | interdistrict magnet school program on October 1, 2013. Approval of 3812 |
|---|
| 6959 | + | funding for enrollment above such enrollment level shall be prioritized 3813 |
|---|
| 6960 | + | by the department as follows: (A) Increases in enrollment in an 3814 |
|---|
| 6961 | + | interdistrict magnet school program that is adding planned new grade 3815 |
|---|
| 6962 | + | levels for the school years commencing July 1, 2015, and July 1, 2016; (B) 3816 |
|---|
| 6963 | + | increases in enrollment in an interdistrict magnet school program that 3817 |
|---|
| 6964 | + | added planned new grade levels for the school year commencing July 1, 3818 |
|---|
| 6965 | + | 2014, and was funded during the fiscal year ending June 30, 2015; (C) 3819 |
|---|
| 6966 | + | increases in enrollment in an interdistrict magnet school program that 3820 |
|---|
| 6967 | + | is moving into a permanent facility for the school years commencing 3821 |
|---|
| 6968 | + | July 1, 2014, to July 1, 2016, inclusive; (D) increases in enrollment in an 3822 |
|---|
| 6969 | + | interdistrict magnet school program to ensure compliance with 3823 |
|---|
| 6970 | + | subsection (a) of this section; and (E) new enrollments for a new 3824 |
|---|
| 6971 | + | interdistrict magnet school program commencing operations on or after 3825 |
|---|
| 6972 | + | Bill No. |
|---|
| 6973 | + | |
|---|
| 6974 | + | |
|---|
| 6975 | + | |
|---|
| 6976 | + | LCO No. 5697 163 of 350 |
|---|
| 6977 | + | |
|---|
| 6978 | + | July 1, 2014, pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 3826 |
|---|
| 6979 | + | (1996), or any related stipulation or order in effect, as determined by the 3827 |
|---|
| 6980 | + | commissioner. Any interdistrict magnet school program operating less 3828 |
|---|
| 6981 | + | than full-time, but at least half-time, shall be eligible to receive a grant 3829 |
|---|
| 6982 | + | equal to sixty-five per cent of the grant amount determined pursuant to 3830 |
|---|
| 6983 | + | this subsection. 3831 |
|---|
| 6984 | + | (5) For the fiscal year ending June 30, 2017, the department may limit 3832 |
|---|
| 6985 | + | payment to an interdistrict magnet school operator to an amount equal 3833 |
|---|
| 6986 | + | to the grant that such magnet school operator was eligible to receive 3834 |
|---|
| 6987 | + | based on the enrollment level of the interdistrict magnet school program 3835 |
|---|
| 6988 | + | on October 1, 2013, or October 1, 2015, whichever is lower. Approval of 3836 |
|---|
| 6989 | + | funding for enrollment above such enrollment level shall be prioritized 3837 |
|---|
| 6990 | + | by the department as follows: (A) Increases in enrollment in an 3838 |
|---|
| 6991 | + | interdistrict magnet school program that is adding planned new grade 3839 |
|---|
| 6992 | + | levels for the school years commencing July 1, 2015, and July 1, 2016; (B) 3840 |
|---|
| 6993 | + | increases in enrollment in an interdistrict magnet school program that 3841 |
|---|
| 6994 | + | added planned new grade levels for the school year commencing July 1, 3842 |
|---|
| 6995 | + | 2014, and was funded during the fiscal year ending June 30, 2015; (C) 3843 |
|---|
| 6996 | + | increases in enrollment in an interdistrict magnet school program that 3844 |
|---|
| 6997 | + | added planned new grade levels for the school year commencing July 1, 3845 |
|---|
| 6998 | + | 2015, and was funded during the fiscal year ending June 30, 2016; and 3846 |
|---|
| 6999 | + | (D) increases in enrollment in an interdistrict magnet school program to 3847 |
|---|
| 7000 | + | ensure compliance with subsection (a) of this section. Any interdistrict 3848 |
|---|
| 7001 | + | magnet school program operating less than full-time, but at least half-3849 |
|---|
| 7002 | + | time, shall be eligible to receive a grant equal to sixty-five per cent of the 3850 |
|---|
| 7003 | + | grant amount determined pursuant to this subsection. 3851 |
|---|
| 7004 | + | (6) For the fiscal year ending June 30, 2018, and within available 3852 |
|---|
| 7005 | + | appropriations, the department may limit payment to an interdistrict 3853 |
|---|
| 7006 | + | magnet school operator to an amount equal to the grant that such 3854 |
|---|
| 7007 | + | magnet school operator was eligible to receive based on the enrollment 3855 |
|---|
| 7008 | + | level of the interdistrict magnet school program on October 1, 2013, 3856 |
|---|
| 7009 | + | October 1, 2015, or October 1, 2016, whichever is lower. Approval of 3857 |
|---|
| 7010 | + | funding for enrollment above such enrollment level shall be prioritized 3858 |
|---|
| 7011 | + | Bill No. |
|---|
| 7012 | + | |
|---|
| 7013 | + | |
|---|
| 7014 | + | |
|---|
| 7015 | + | LCO No. 5697 164 of 350 |
|---|
| 7016 | + | |
|---|
| 7017 | + | by the department and subject to the commissioner's approval, 3859 |
|---|
| 7018 | + | including increases in enrollment in an interdistrict magnet school 3860 |
|---|
| 7019 | + | program as a result of planned and approved new grade levels. Any 3861 |
|---|
| 7020 | + | interdistrict magnet school program operating less than full-time, but at 3862 |
|---|
| 7021 | + | least half-time, shall be eligible to receive a grant equal to sixty-five per 3863 |
|---|
| 7022 | + | cent of the grant amount determined pursuant to this subsection. 3864 |
|---|
| 7023 | + | (7) For the fiscal year ending June 30, 2019, and within available 3865 |
|---|
| 7024 | + | appropriations, the department may limit payment to an interdistrict 3866 |
|---|
| 7025 | + | magnet school operator to an amount equal to the grant that such 3867 |
|---|
| 7026 | + | magnet school operator was eligible to receive based on the enrollment 3868 |
|---|
| 7027 | + | level of the interdistrict magnet school program on October 1, 2013, 3869 |
|---|
| 7028 | + | October 1, 2015, October 1, 2016, or October 1, 2017, whichever is lower. 3870 |
|---|
| 7029 | + | Approval of funding for enrollment above such enrollment level shall 3871 |
|---|
| 7030 | + | be prioritized by the department and subject to the commissioner's 3872 |
|---|
| 7031 | + | approval, including increases in enrollment in an interdistrict magnet 3873 |
|---|
| 7032 | + | school program as a result of planned and approved new grade levels. 3874 |
|---|
| 7033 | + | Any interdistrict magnet school program operating less than full-time, 3875 |
|---|
| 7034 | + | but at least half-time, shall be eligible to receive a grant equal to sixty-3876 |
|---|
| 7035 | + | five per cent of the grant amount determined pursuant to this 3877 |
|---|
| 7036 | + | subsection. 3878 |
|---|
| 7037 | + | (8) For the fiscal year ending June 30, 2020, and within available 3879 |
|---|
| 7038 | + | appropriations, the department may limit payment to an interdistrict 3880 |
|---|
| 7039 | + | magnet school operator to an amount equal to the grant that such 3881 |
|---|
| 7040 | + | magnet school operator was eligible to receive based on the enrollment 3882 |
|---|
| 7041 | + | level of the interdistrict magnet school program on October 1, 2013, 3883 |
|---|
| 7042 | + | October 1, 2015, October 1, 2016, October 1, 2017, or October 1, 2018, 3884 |
|---|
| 7043 | + | whichever is lower. Approval of funding for enrollment above such 3885 |
|---|
| 7044 | + | enrollment level shall be prioritized by the department and subject to 3886 |
|---|
| 7045 | + | the commissioner's approval, including increases in enrollment in an 3887 |
|---|
| 7046 | + | interdistrict magnet school program as a result of planned and 3888 |
|---|
| 7047 | + | approved new grade levels. Any interdistrict magnet school program 3889 |
|---|
| 7048 | + | operating less than full-time, but at least half-time, shall be eligible to 3890 |
|---|
| 7049 | + | receive a grant equal to sixty-five per cent of the grant amount 3891 |
|---|
| 7050 | + | Bill No. |
|---|
| 7051 | + | |
|---|
| 7052 | + | |
|---|
| 7053 | + | |
|---|
| 7054 | + | LCO No. 5697 165 of 350 |
|---|
| 7055 | + | |
|---|
| 7056 | + | determined pursuant to this subsection. 3892 |
|---|
| 7057 | + | (9) For the fiscal year ending June 30, 2021, and within available 3893 |
|---|
| 7058 | + | appropriations, the department may limit payment to an interdistrict 3894 |
|---|
| 7059 | + | magnet school operator to an amount equal to the grant that such 3895 |
|---|
| 7060 | + | magnet school operator was eligible to receive based on the enrollment 3896 |
|---|
| 7061 | + | level of the interdistrict magnet school program on October 1, 2013, 3897 |
|---|
| 7062 | + | October 1, 2015, October 1, 2016, October 1, 2017, October 1, 2018, or 3898 |
|---|
| 7063 | + | October 1, 2019, whichever is lower. Approval of funding for enrollment 3899 |
|---|
| 7064 | + | above such enrollment level shall be prioritized by the department and 3900 |
|---|
| 7065 | + | subject to the commissioner's approval, including increases in 3901 |
|---|
| 7066 | + | enrollment in an interdistrict magnet school program as a result of 3902 |
|---|
| 7067 | + | planned and approved new grade levels. Any interdistrict magnet 3903 |
|---|
| 7068 | + | school program operating less than full-time, but at least half-time, shall 3904 |
|---|
| 7069 | + | be eligible to receive a grant equal to sixty-five per cent of the grant 3905 |
|---|
| 7070 | + | amount determined pursuant to this subsection.] 3906 |
|---|
| 7071 | + | [(10)] (3) Within available appropriations, the commissioner may 3907 |
|---|
| 7072 | + | make grants to the following entities that operate an interdistrict magnet 3908 |
|---|
| 7073 | + | school that assists the state in meeting its obligations pursuant to the 3909 |
|---|
| 7074 | + | decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation 3910 |
|---|
| 7075 | + | or order in effect, as determined by the commissioner and that provide 3911 |
|---|
| 7076 | + | academic support programs and summer school educational programs 3912 |
|---|
| 7077 | + | approved by the commissioner to students participating in such 3913 |
|---|
| 7078 | + | interdistrict magnet school program: (A) Regional educational service 3914 |
|---|
| 7079 | + | centers, (B) local and regional boards of education, (C) the Board of 3915 |
|---|
| 7080 | + | Trustees of the Community-Technical Colleges on behalf of a regional 3916 |
|---|
| 7081 | + | community-technical college, (D) the Board of Trustees of the 3917 |
|---|
| 7082 | + | Connecticut State University System on behalf of a state university, (E) 3918 |
|---|
| 7083 | + | the Board of Trustees for The University of Connecticut on behalf of the 3919 |
|---|
| 7084 | + | university, (F) the board of governors for an independent institution of 3920 |
|---|
| 7085 | + | higher education, as defined in subsection (a) of section 10a-173, or the 3921 |
|---|
| 7086 | + | equivalent of such a board, on behalf of the independent institution of 3922 |
|---|
| 7087 | + | higher education, (G) cooperative arrangements pursuant to section 10-3923 |
|---|
| 7088 | + | 158a, and (H) any other third-party not-for-profit corporation approved 3924 |
|---|
| 7089 | + | Bill No. |
|---|
| 7090 | + | |
|---|
| 7091 | + | |
|---|
| 7092 | + | |
|---|
| 7093 | + | LCO No. 5697 166 of 350 |
|---|
| 7094 | + | |
|---|
| 7095 | + | by the commissioner. 3925 |
|---|
| 7096 | + | [(11)] (4) Within available appropriations, the Commissioner of 3926 |
|---|
| 7097 | + | Education may make grants, in an amount not to exceed seventy-five 3927 |
|---|
| 7098 | + | thousand dollars, for start-up costs associated with the development of 3928 |
|---|
| 7099 | + | new interdistrict magnet school programs that assist the state in meeting 3929 |
|---|
| 7100 | + | its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 3930 |
|---|
| 7101 | + | (1996), or any related stipulation or order in effect, as determined by the 3931 |
|---|
| 7102 | + | commissioner, to the following entities that develop such a program: (A) 3932 |
|---|
| 7103 | + | Regional educational service centers, (B) local and regional boards of 3933 |
|---|
| 7104 | + | education, (C) the Board of Trustees of the Community-Technical 3934 |
|---|
| 7105 | + | Colleges on behalf of a regional community-technical college, (D) the 3935 |
|---|
| 7106 | + | Board of Trustees of the Connecticut State University System on behalf 3936 |
|---|
| 7107 | + | of a state university, (E) the Board of Trustees for The University of 3937 |
|---|
| 7108 | + | Connecticut on behalf of the university, (F) the board of governors for 3938 |
|---|
| 7109 | + | an independent institution of higher education, as defined in subsection 3939 |
|---|
| 7110 | + | (a) of section 10a-173, or the equivalent of such a board, on behalf of the 3940 |
|---|
| 7111 | + | independent institution of higher education, (G) cooperative 3941 |
|---|
| 7112 | + | arrangements pursuant to section 10-158a, and (H) any other third-party 3942 |
|---|
| 7113 | + | not-for-profit corporation approved by the commissioner. 3943 |
|---|
| 7114 | + | [(12) For the fiscal year ending June 30, 2023, and each fiscal year 3944 |
|---|
| 7115 | + | thereafter, the department shall make grants determined pursuant to 3945 |
|---|
| 7116 | + | this subsection within available appropriations, and in no case shall the 3946 |
|---|
| 7117 | + | total grant paid to an interdistrict magnet school operator pursuant to 3947 |
|---|
| 7118 | + | this section exceed the aggregate total of the reasonable operating 3948 |
|---|
| 7119 | + | budgets of the interdistrict magnet school programs of such operator, 3949 |
|---|
| 7120 | + | less revenues from other sources. 3950 |
|---|
| 7121 | + | (13) Any interdistrict magnet school program operating less than full-3951 |
|---|
| 7122 | + | time, but at least half-time, shall be eligible to receive a grant equal to 3952 |
|---|
| 7123 | + | sixty-five per cent of the grant amount determined pursuant to this 3953 |
|---|
| 7124 | + | subsection.] 3954 |
|---|
| 7125 | + | (d) [(1)] Grants made pursuant to this section [, except those made 3955 |
|---|
| 7126 | + | Bill No. |
|---|
| 7127 | + | |
|---|
| 7128 | + | |
|---|
| 7129 | + | |
|---|
| 7130 | + | LCO No. 5697 167 of 350 |
|---|
| 7131 | + | |
|---|
| 7132 | + | pursuant to subdivision (7) of subsection (c) of this section and 3956 |
|---|
| 7133 | + | subdivision (2) of this subsection,] and section 112 of this act shall be 3957 |
|---|
| 7134 | + | paid as follows: Seventy per cent not later than September first and the 3958 |
|---|
| 7135 | + | balance not later than May first of each fiscal year. The May first 3959 |
|---|
| 7136 | + | payment shall be adjusted to reflect actual interdistrict magnet school 3960 |
|---|
| 7137 | + | program enrollment as of the preceding October first using the data of 3961 |
|---|
| 7138 | + | record as of the intervening January thirty-first, if the actual level of 3962 |
|---|
| 7139 | + | enrollment is lower than the projected enrollment stated in the 3963 |
|---|
| 7140 | + | approved grant application. The May first payment shall be further 3964 |
|---|
| 7141 | + | adjusted for the difference between the total grant received by the 3965 |
|---|
| 7142 | + | magnet school operator in the prior fiscal year and the revised total 3966 |
|---|
| 7143 | + | grant amount calculated for the prior fiscal year in cases where the 3967 |
|---|
| 7144 | + | aggregate financial audit submitted by the interdistrict magnet school 3968 |
|---|
| 7145 | + | operator pursuant to subdivision (1) of subsection (n) of this section 3969 |
|---|
| 7146 | + | indicates an overpayment by the department. Notwithstanding the 3970 |
|---|
| 7147 | + | provisions of this section to the contrary, grants made pursuant to this 3971 |
|---|
| 7148 | + | section may be paid to each interdistrict magnet school operator as an 3972 |
|---|
| 7149 | + | aggregate total of the amount that the interdistrict magnet schools 3973 |
|---|
| 7150 | + | operated by each such operator are eligible to receive under this section. 3974 |
|---|
| 7151 | + | Each interdistrict magnet school operator may distribute such aggregate 3975 |
|---|
| 7152 | + | grant among the interdistrict magnet school programs that such 3976 |
|---|
| 7153 | + | operator is operating pursuant to a distribution plan approved by the 3977 |
|---|
| 7154 | + | Commissioner of Education. 3978 |
|---|
| 7155 | + | [(2) For the fiscal year ending June 30, 2016, and each fiscal year 3979 |
|---|
| 7156 | + | thereafter, grants made pursuant to subparagraph (E) of subdivision (3) 3980 |
|---|
| 7157 | + | of subsection (c) of this section shall be paid as follows: Fifty per cent of 3981 |
|---|
| 7158 | + | the amount not later than September first based on estimated student 3982 |
|---|
| 7159 | + | enrollment for the first semester on September first, and another fifty 3983 |
|---|
| 7160 | + | per cent not later than May first of each fiscal year based on actual 3984 |
|---|
| 7161 | + | student enrollment for the second semester on February first. The May 3985 |
|---|
| 7162 | + | first payment shall be adjusted to reflect actual interdistrict magnet 3986 |
|---|
| 7163 | + | school program enrollment for those students who have been enrolled 3987 |
|---|
| 7164 | + | at such school for at least two semesters of the school year, using the 3988 |
|---|
| 7165 | + | Bill No. |
|---|
| 7166 | + | |
|---|
| 7167 | + | |
|---|
| 7168 | + | |
|---|
| 7169 | + | LCO No. 5697 168 of 350 |
|---|
| 7170 | + | |
|---|
| 7171 | + | data of record, and actual student enrollment for those students who 3989 |
|---|
| 7172 | + | have been enrolled at such school for only one semester, using data of 3990 |
|---|
| 7173 | + | record. The May first payment shall be further adjusted for the 3991 |
|---|
| 7174 | + | difference between the total grant received by the magnet school 3992 |
|---|
| 7175 | + | operator in the prior fiscal year and the revised total grant amount 3993 |
|---|
| 7176 | + | calculated for the prior fiscal year where the financial audit submitted 3994 |
|---|
| 7177 | + | by the interdistrict magnet school operator pursuant to subdivision (1) 3995 |
|---|
| 7178 | + | of subsection (n) of this section indicates an overpayment by the 3996 |
|---|
| 7179 | + | department.] 3997 |
|---|
| 7180 | + | (e) The Department of Education may retain up to one-half of one per 3998 |
|---|
| 7181 | + | cent of the amount appropriated, in an amount not to exceed five 3999 |
|---|
| 7182 | + | hundred thousand dollars, for purposes of this section for program 4000 |
|---|
| 7183 | + | evaluation and administration. 4001 |
|---|
| 7184 | + | (f) Each local or regional school district in which an interdistrict 4002 |
|---|
| 7185 | + | magnet school is located shall provide the same kind of transportation 4003 |
|---|
| 7186 | + | to its children enrolled in such interdistrict magnet school as it provides 4004 |
|---|
| 7187 | + | to its children enrolled in other public schools in such local or regional 4005 |
|---|
| 7188 | + | school district. The parent or guardian of a child denied the 4006 |
|---|
| 7189 | + | transportation services required to be provided pursuant to this 4007 |
|---|
| 7190 | + | subsection may appeal such denial in the manner provided in sections 4008 |
|---|
| 7191 | + | 10-186 and 10-187. 4009 |
|---|
| 7192 | + | (g) On or before October fifteenth of each year, the Commissioner of 4010 |
|---|
| 7193 | + | Education shall determine if interdistrict magnet school enrollment is 4011 |
|---|
| 7194 | + | below the number of students for which funds were appropriated. If the 4012 |
|---|
| 7195 | + | commissioner determines that the enrollment is below such number, the 4013 |
|---|
| 7196 | + | additional funds shall not lapse but shall be used by the commissioner 4014 |
|---|
| 7197 | + | for grants for interdistrict cooperative programs pursuant to section 10-4015 |
|---|
| 7198 | + | 74d. 4016 |
|---|
| 7199 | + | (h) (1) In the case of a student identified as requiring special 4017 |
|---|
| 7200 | + | education, the school district in which the student resides shall: (A) 4018 |
|---|
| 7201 | + | Hold the planning and placement team meeting for such student and 4019 |
|---|
| 7202 | + | Bill No. |
|---|
| 7203 | + | |
|---|
| 7204 | + | |
|---|
| 7205 | + | |
|---|
| 7206 | + | LCO No. 5697 169 of 350 |
|---|
| 7207 | + | |
|---|
| 7208 | + | shall invite representatives from the interdistrict magnet school to 4020 |
|---|
| 7209 | + | participate in such meeting; and (B) pay the interdistrict magnet school 4021 |
|---|
| 7210 | + | an amount equal to the difference between the reasonable cost of 4022 |
|---|
| 7211 | + | educating such student and the sum of the amount received by the 4023 |
|---|
| 7212 | + | interdistrict magnet school for such student pursuant to subsection (c) 4024 |
|---|
| 7213 | + | of this section and amounts received from other state, federal, local or 4025 |
|---|
| 7214 | + | private sources calculated on a per pupil basis. Such school district shall 4026 |
|---|
| 7215 | + | be eligible for reimbursement pursuant to section 10-76g. If a student 4027 |
|---|
| 7216 | + | requiring special education attends an interdistrict magnet school on a 4028 |
|---|
| 7217 | + | full-time basis, such interdistrict magnet school shall be responsible for 4029 |
|---|
| 7218 | + | ensuring that such student receives the services mandated by the 4030 |
|---|
| 7219 | + | student's individualized education program whether such services are 4031 |
|---|
| 7220 | + | provided by the interdistrict magnet school or by the school district in 4032 |
|---|
| 7221 | + | which the student resides. 4033 |
|---|
| 7222 | + | (2) In the case of a student with a plan pursuant to Section 504 of the 4034 |
|---|
| 7223 | + | Rehabilitation Act of 1973, as amended from time to time, the school 4035 |
|---|
| 7224 | + | district in which the student resides shall pay the interdistrict magnet 4036 |
|---|
| 7225 | + | school an amount equal to the difference between the reasonable cost of 4037 |
|---|
| 7226 | + | educating such student and the sum of the amount received by the 4038 |
|---|
| 7227 | + | interdistrict magnet school for such student pursuant to subsection (c) 4039 |
|---|
| 7228 | + | of this section and amounts received from other state, federal, local or 4040 |
|---|
| 7229 | + | private sources calculated on a per pupil basis. If a student with a plan 4041 |
|---|
| 7230 | + | pursuant to Section 504 of the Rehabilitation Act of 1973, as amended 4042 |
|---|
| 7231 | + | from time to time, attends an interdistrict magnet school on a full-time 4043 |
|---|
| 7232 | + | basis, such interdistrict magnet school shall be responsible for ensuring 4044 |
|---|
| 7233 | + | that such student receives the services mandated by the student's plan, 4045 |
|---|
| 7234 | + | whether such services are provided by the interdistrict magnet school 4046 |
|---|
| 7235 | + | or by the school district in which the student resides. 4047 |
|---|
| 7236 | + | (i) Nothing in this section shall be construed to prohibit the 4048 |
|---|
| 7237 | + | enrollment of nonpublic school students in an interdistrict magnet 4049 |
|---|
| 7238 | + | school program that operates less than full-time, provided (1) such 4050 |
|---|
| 7239 | + | students constitute no more than five per cent of the full-time equivalent 4051 |
|---|
| 7240 | + | enrollment in such magnet school program, and (2) such students are 4052 |
|---|
| 7241 | + | Bill No. |
|---|
| 7242 | + | |
|---|
| 7243 | + | |
|---|
| 7244 | + | |
|---|
| 7245 | + | LCO No. 5697 170 of 350 |
|---|
| 7246 | + | |
|---|
| 7247 | + | not counted for purposes of determining the amount of grants pursuant 4053 |
|---|
| 7248 | + | to this section and section 10-264i. 4054 |
|---|
| 7249 | + | (j) After accommodating students from participating districts in 4055 |
|---|
| 7250 | + | accordance with an approved enrollment agreement, an interdistrict 4056 |
|---|
| 7251 | + | magnet school operator that has unused student capacity may enroll 4057 |
|---|
| 7252 | + | directly into its program any interested student. A student from a 4058 |
|---|
| 7253 | + | district that is not participating in an interdistrict magnet school or the 4059 |
|---|
| 7254 | + | interdistrict student attendance program pursuant to section 10-266aa 4060 |
|---|
| 7255 | + | to an extent determined by the Commissioner of Education shall be 4061 |
|---|
| 7256 | + | given preference. [The] For the fiscal year ending June 30, 2025, the local 4062 |
|---|
| 7257 | + | or regional board of education otherwise responsible for educating such 4063 |
|---|
| 7258 | + | student shall contribute funds to support the operation of the 4064 |
|---|
| 7259 | + | interdistrict magnet school in an amount equal to the per student 4065 |
|---|
| 7260 | + | tuition, if any, charged to participating districts, [except for the fiscal 4066 |
|---|
| 7261 | + | year ending June 30, 2025, and each fiscal year thereafter,] provided any 4067 |
|---|
| 7262 | + | such per student tuition charged to such participating districts shall not 4068 |
|---|
| 7263 | + | exceed fifty-eight per cent the per student tuition charged during the 4069 |
|---|
| 7264 | + | fiscal year ending June 30, 2024. 4070 |
|---|
| 7265 | + | (k) [(1)] For the fiscal year ending June 30, [2014, and each fiscal year 4071 |
|---|
| 7266 | + | thereafter] 2025, any tuition charged to a local or regional board of 4072 |
|---|
| 7267 | + | education by (1) a regional educational service center operating an 4073 |
|---|
| 7268 | + | interdistrict magnet school, [or any tuition charged by] (2) the Hartford 4074 |
|---|
| 7269 | + | school district operating the Great Path Academy on behalf of 4075 |
|---|
| 7270 | + | Manchester Community College, or (3) any interdistrict magnet school 4076 |
|---|
| 7271 | + | operator described in section 10-264s, for any student enrolled in 4077 |
|---|
| 7272 | + | kindergarten to grade twelve, inclusive, in such interdistrict magnet 4078 |
|---|
| 7273 | + | school shall be in an amount [equal to the difference between (A) the 4079 |
|---|
| 7274 | + | average per pupil expenditure of the magnet school for the prior fiscal 4080 |
|---|
| 7275 | + | year, and (B) the amount of any per pupil state subsidy calculated under 4081 |
|---|
| 7276 | + | subsection (c) of this section plus any revenue from other sources 4082 |
|---|
| 7277 | + | calculated on a per pupil basis, except for the fiscal year ending June 30, 4083 |
|---|
| 7278 | + | 2025, and each fiscal year thereafter, the per student tuition charged to 4084 |
|---|
| 7279 | + | a local or regional board of education shall] not to exceed fifty-eight per 4085 |
|---|
| 7280 | + | Bill No. |
|---|
| 7281 | + | |
|---|
| 7282 | + | |
|---|
| 7283 | + | |
|---|
| 7284 | + | LCO No. 5697 171 of 350 |
|---|
| 7285 | + | |
|---|
| 7286 | + | cent the per student tuition charged during the fiscal year ending June 4086 |
|---|
| 7287 | + | 30, 2024. If any such board of education fails to pay such tuition, the 4087 |
|---|
| 7288 | + | commissioner may withhold from such board's town or towns a sum 4088 |
|---|
| 7289 | + | payable under section 10-262i in an amount not to exceed the amount of 4089 |
|---|
| 7290 | + | the unpaid tuition to the magnet school and pay such money to the fiscal 4090 |
|---|
| 7291 | + | agent for the magnet school as a supplementary grant for the operation 4091 |
|---|
| 7292 | + | of the interdistrict magnet school program. In no case shall the sum of 4092 |
|---|
| 7293 | + | such tuitions exceed the difference between [(i)] (A) the total 4093 |
|---|
| 7294 | + | expenditures of the magnet school for the prior fiscal year, and [(ii)] (B) 4094 |
|---|
| 7295 | + | the total per pupil state subsidy calculated under subsection (c) of this 4095 |
|---|
| 7296 | + | section plus any revenue from other sources. The commissioner may 4096 |
|---|
| 7297 | + | conduct a comprehensive financial review of the operating budget of a 4097 |
|---|
| 7298 | + | magnet school to verify such tuition rate. 4098 |
|---|
| 7299 | + | [(2) (A) For the fiscal years ending June 30, 2013, and June 30, 2014, a 4099 |
|---|
| 7300 | + | regional educational service center operating an interdistrict magnet 4100 |
|---|
| 7301 | + | school offering a preschool program that is not located in the Sheff 4101 |
|---|
| 7302 | + | region may charge tuition to the Department of Education for a child 4102 |
|---|
| 7303 | + | enrolled in such preschool program in an amount not to exceed an 4103 |
|---|
| 7304 | + | amount equal to the difference between (i) the average per pupil 4104 |
|---|
| 7305 | + | expenditure of the preschool program offered at the magnet school for 4105 |
|---|
| 7306 | + | the prior fiscal year, and (ii) the amount of any per pupil state subsidy 4106 |
|---|
| 7307 | + | calculated under subsection (c) of this section plus any revenue from 4107 |
|---|
| 7308 | + | other sources calculated on a per pupil basis. The commissioner may 4108 |
|---|
| 7309 | + | conduct a comprehensive financial review of the operating budget of 4109 |
|---|
| 7310 | + | any such magnet school charging such tuition to verify such tuition rate. 4110 |
|---|
| 7311 | + | For purposes of this subdivision, "Sheff region" means the school 4111 |
|---|
| 7312 | + | districts for the towns of Avon, Bloomfield, Canton, East Granby, East 4112 |
|---|
| 7313 | + | Hartford, East Windsor, Ellington, Farmington, Glastonbury, Granby, 4113 |
|---|
| 7314 | + | Hartford, Manchester, Newington, Rocky Hill, Simsbury, South 4114 |
|---|
| 7315 | + | Windsor, Suffield, Vernon, West Hartford, Wethersfield, Windsor and 4115 |
|---|
| 7316 | + | Windsor Locks. 4116 |
|---|
| 7317 | + | (B) For the fiscal year ending June 30, 2015, a regional educational 4117 |
|---|
| 7318 | + | service center operating an interdistrict magnet school offering a 4118 |
|---|
| 7319 | + | Bill No. |
|---|
| 7320 | + | |
|---|
| 7321 | + | |
|---|
| 7322 | + | |
|---|
| 7323 | + | LCO No. 5697 172 of 350 |
|---|
| 7324 | + | |
|---|
| 7325 | + | preschool program that is not located in the Sheff region may charge 4119 |
|---|
| 7326 | + | tuition to the parent or guardian of a child enrolled in such preschool 4120 |
|---|
| 7327 | + | program in an amount that is in accordance with the sliding tuition scale 4121 |
|---|
| 7328 | + | adopted by the State Board of Education pursuant to section 10-264p. 4122 |
|---|
| 7329 | + | The Department of Education shall be financially responsible for any 4123 |
|---|
| 7330 | + | unpaid portion of the tuition not charged to such parent or guardian 4124 |
|---|
| 7331 | + | under such sliding tuition scale. Such tuition shall not exceed an amount 4125 |
|---|
| 7332 | + | equal to the difference between (i) the average per pupil expenditure of 4126 |
|---|
| 7333 | + | the preschool program offered at the magnet school for the prior fiscal 4127 |
|---|
| 7334 | + | year, and (ii) the amount of any per pupil state subsidy calculated under 4128 |
|---|
| 7335 | + | subsection (c) of this section plus any revenue from other sources 4129 |
|---|
| 7336 | + | calculated on a per pupil basis. The commissioner may conduct a 4130 |
|---|
| 7337 | + | comprehensive financial review of the operating budget of any such 4131 |
|---|
| 7338 | + | magnet school charging such tuition to verify such tuition rate.] 4132 |
|---|
| 7339 | + | [(C)] (2) For the fiscal year ending June 30, [2016, and each fiscal year 4133 |
|---|
| 7340 | + | thereafter] 2025, a regional educational service center operating an 4134 |
|---|
| 7341 | + | interdistrict magnet school offering a preschool program that is not 4135 |
|---|
| 7342 | + | located in the Sheff region shall [charge tuition to the parent or guardian 4136 |
|---|
| 7343 | + | of a child enrolled in such preschool program in an amount up to four 4137 |
|---|
| 7344 | + | thousand fifty-three dollars, except such regional educational service 4138 |
|---|
| 7345 | + | center shall (i)] (A) not charge tuition to such parent or guardian with a 4139 |
|---|
| 7346 | + | family income at or below seventy-five per cent of the state median 4140 |
|---|
| 7347 | + | income, and [(ii) for the fiscal year ending June 30, 2025, and each fiscal 4141 |
|---|
| 7348 | + | year thereafter,] (B) charge tuition to such parent or guardian in an 4142 |
|---|
| 7349 | + | amount not to exceed fifty-eight per cent of the tuition charged during 4143 |
|---|
| 7350 | + | the fiscal year ending June 30, 2024. The Department of Education shall, 4144 |
|---|
| 7351 | + | within available appropriations, be financially responsible for any 4145 |
|---|
| 7352 | + | unpaid tuition charged to such parent or guardian with a family income 4146 |
|---|
| 7353 | + | at or below seventy-five per cent of the state median income. The 4147 |
|---|
| 7354 | + | commissioner may conduct a comprehensive financial review of the 4148 |
|---|
| 7355 | + | operating budget of any such magnet school charging such tuition to 4149 |
|---|
| 7356 | + | verify such tuition rate. 4150 |
|---|
| 7357 | + | (l) A participating district shall provide opportunities for its students 4151 |
|---|
| 7358 | + | Bill No. |
|---|
| 7359 | + | |
|---|
| 7360 | + | |
|---|
| 7361 | + | |
|---|
| 7362 | + | LCO No. 5697 173 of 350 |
|---|
| 7363 | + | |
|---|
| 7364 | + | to attend an interdistrict magnet school in a number that is at least equal 4152 |
|---|
| 7365 | + | to the number specified in any written agreement with an interdistrict 4153 |
|---|
| 7366 | + | magnet school operator or in a number that is at least equal to the 4154 |
|---|
| 7367 | + | average number of students that the participating district enrolled in 4155 |
|---|
| 7368 | + | such magnet school during the previous three school years. 4156 |
|---|
| 7369 | + | (m) (1) On or before May 15, 2010, and annually thereafter, each 4157 |
|---|
| 7370 | + | interdistrict magnet school operator shall provide written notification to 4158 |
|---|
| 7371 | + | any school district that is otherwise responsible for educating a student 4159 |
|---|
| 7372 | + | who resides in such school district and will be enrolled in an interdistrict 4160 |
|---|
| 7373 | + | magnet school under the operator's control for the following school 4161 |
|---|
| 7374 | + | year. Such notification shall include (A) the number of any such 4162 |
|---|
| 7375 | + | students, by grade, who will be enrolled in an interdistrict magnet 4163 |
|---|
| 7376 | + | school under the control of such operator, (B) the name of the school in 4164 |
|---|
| 7377 | + | which such student has been placed, and (C) the amount of tuition to be 4165 |
|---|
| 7378 | + | charged to the local or regional board of education for such student. 4166 |
|---|
| 7379 | + | Such notification shall represent an estimate of the number of students 4167 |
|---|
| 7380 | + | expected to attend such interdistrict magnet schools in the following 4168 |
|---|
| 7381 | + | school year, but shall not be deemed to limit the number of students 4169 |
|---|
| 7382 | + | who may enroll in such interdistrict magnet schools for such year. 4170 |
|---|
| 7383 | + | (2) [For the school year commencing July 1, 2015, and each school 4171 |
|---|
| 7384 | + | year thereafter] For the fiscal year ending June 30, 2025, any interdistrict 4172 |
|---|
| 7385 | + | magnet school operator that is a local or regional board of education 4173 |
|---|
| 7386 | + | [and did not charge tuition to another local or regional board of 4174 |
|---|
| 7387 | + | education for the school year commencing July 1, 2014, may] shall not 4175 |
|---|
| 7388 | + | charge tuition to such board unless (A) such operator [receives] has 4176 |
|---|
| 7389 | + | previously received authorization from the Commissioner of Education 4177 |
|---|
| 7390 | + | to charge the proposed tuition, and (B) if such authorization is granted, 4178 |
|---|
| 7391 | + | such operator provides written notification on or before September first 4179 |
|---|
| 7392 | + | of the school year prior to the school year in which such tuition is to be 4180 |
|---|
| 7393 | + | charged to such board of the tuition to be charged to such board for each 4181 |
|---|
| 7394 | + | student that such board is otherwise responsible for educating and is 4182 |
|---|
| 7395 | + | enrolled at the interdistrict magnet school under such operator's control, 4183 |
|---|
| 7396 | + | except [for the fiscal year ending June 30, 2025, and each fiscal year 4184 |
|---|
| 7397 | + | Bill No. |
|---|
| 7398 | + | |
|---|
| 7399 | + | |
|---|
| 7400 | + | |
|---|
| 7401 | + | LCO No. 5697 174 of 350 |
|---|
| 7402 | + | |
|---|
| 7403 | + | thereafter,] the amount of such tuition charged to such other local or 4185 |
|---|
| 7404 | + | regional board of education shall not exceed fifty-eight per cent the per 4186 |
|---|
| 7405 | + | student tuition charged during the fiscal year ending June 30, 2024. In 4187 |
|---|
| 7406 | + | deciding whether to authorize an interdistrict magnet school operator 4188 |
|---|
| 7407 | + | to charge tuition under this subdivision, the commissioner shall 4189 |
|---|
| 7408 | + | consider (i) the average per pupil expenditure of such operator for each 4190 |
|---|
| 7409 | + | interdistrict magnet school under the control of such operator, and (ii) 4191 |
|---|
| 7410 | + | the amount of any per pupil state subsidy and any revenue from other 4192 |
|---|
| 7411 | + | sources received by such operator. The commissioner may conduct a 4193 |
|---|
| 7412 | + | comprehensive financial review of the operating budget of the magnet 4194 |
|---|
| 7413 | + | school of such operator to verify that the tuition is appropriate. The 4195 |
|---|
| 7414 | + | provisions of this subdivision shall not apply to any interdistrict magnet 4196 |
|---|
| 7415 | + | school operator that is a regional educational service center or assisting 4197 |
|---|
| 7416 | + | the state in meeting its obligations pursuant to the decision in Sheff v. 4198 |
|---|
| 7417 | + | O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, 4199 |
|---|
| 7418 | + | as determined by the Commissioner of Education. 4200 |
|---|
| 7419 | + | (3) Not later than two weeks following an enrollment lottery for an 4201 |
|---|
| 7420 | + | interdistrict magnet school conducted by a magnet school operator, the 4202 |
|---|
| 7421 | + | parent or guardian of a student (A) who will enroll in such interdistrict 4203 |
|---|
| 7422 | + | magnet school in the following school year, or (B) whose name has been 4204 |
|---|
| 7423 | + | placed on a waiting list for enrollment in such interdistrict magnet 4205 |
|---|
| 7424 | + | school for the following school year, shall provide written notification 4206 |
|---|
| 7425 | + | of such prospective enrollment or waiting list placement to the school 4207 |
|---|
| 7426 | + | district in which such student resides and is otherwise responsible for 4208 |
|---|
| 7427 | + | educating such student. 4209 |
|---|
| 7428 | + | (n) (1) Each interdistrict magnet school operator shall annually file 4210 |
|---|
| 7429 | + | with the Commissioner of Education, at such time and in such manner 4211 |
|---|
| 7430 | + | as the commissioner prescribes, (A) a financial audit for each 4212 |
|---|
| 7431 | + | interdistrict magnet school operated by such operator, and (B) an 4213 |
|---|
| 7432 | + | aggregate financial audit for all of the interdistrict magnet schools 4214 |
|---|
| 7433 | + | operated by such operator. 4215 |
|---|
| 7434 | + | (2) Annually, the commissioner shall randomly select one 4216 |
|---|
| 7435 | + | Bill No. |
|---|
| 7436 | + | |
|---|
| 7437 | + | |
|---|
| 7438 | + | |
|---|
| 7439 | + | LCO No. 5697 175 of 350 |
|---|
| 7440 | + | |
|---|
| 7441 | + | interdistrict magnet school operated by a regional educational service 4217 |
|---|
| 7442 | + | center to be subject to a comprehensive financial audit conducted by an 4218 |
|---|
| 7443 | + | auditor selected by the commissioner. The regional educational service 4219 |
|---|
| 7444 | + | center shall be responsible for all costs associated with the audit 4220 |
|---|
| 7445 | + | conducted pursuant to the provisions of this subdivision. 4221 |
|---|
| 7446 | + | (o) For the school year commencing July 1, 2023, any local or regional 4222 |
|---|
| 7447 | + | board of education operating an interdistrict magnet school pursuant to 4223 |
|---|
| 7448 | + | the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related 4224 |
|---|
| 7449 | + | stipulation or order in effect, shall not charge tuition for any student 4225 |
|---|
| 7450 | + | enrolled in a preschool program or in kindergarten to grade twelve, 4226 |
|---|
| 7451 | + | inclusive, in an interdistrict magnet school operated by such school 4227 |
|---|
| 7452 | + | district, except the Hartford school district may charge tuition for any 4228 |
|---|
| 7453 | + | student enrolled in the Great Path Academy. 4229 |
|---|
| 7454 | + | (p) (1) For the fiscal year ending June 30, 2023, and each fiscal year 4230 |
|---|
| 7455 | + | thereafter, if the East Hartford school district or the Manchester school 4231 |
|---|
| 7456 | + | district has greater than four per cent of its resident students, as defined 4232 |
|---|
| 7457 | + | in section 10-262f, enrolled in an interdistrict magnet school program, 4233 |
|---|
| 7458 | + | then the board of education for the town of East Hartford or the town of 4234 |
|---|
| 7459 | + | Manchester shall not be financially responsible for four thousand four 4235 |
|---|
| 7460 | + | hundred dollars of the portion of the per student tuition charged for 4236 |
|---|
| 7461 | + | each such student in excess of such four per cent. The Department of 4237 |
|---|
| 7462 | + | Education shall, within available appropriations, be financially 4238 |
|---|
| 7463 | + | responsible for such excess per student tuition. Notwithstanding the 4239 |
|---|
| 7464 | + | provisions of this subsection, for the fiscal year ending June 30, 2023, 4240 |
|---|
| 7465 | + | and each fiscal year thereafter, the amount of the grants payable to the 4241 |
|---|
| 7466 | + | boards of education for the towns of East Hartford and Manchester in 4242 |
|---|
| 7467 | + | accordance with this subsection shall be reduced proportionately if the 4243 |
|---|
| 7468 | + | total of such grants in such year exceeds the amount appropriated for 4244 |
|---|
| 7469 | + | purposes of this subsection. 4245 |
|---|
| 7470 | + | (2) For the fiscal year ending June 30, 2024, if the local or regional 4246 |
|---|
| 7471 | + | board of education for (A) the town of Windsor, (B) the town of New 4247 |
|---|
| 7472 | + | Britain, (C) the town of New London, and (D) the town of Bloomfield, 4248 |
|---|
| 7473 | + | Bill No. |
|---|
| 7474 | + | |
|---|
| 7475 | + | |
|---|
| 7476 | + | |
|---|
| 7477 | + | LCO No. 5697 176 of 350 |
|---|
| 7478 | + | |
|---|
| 7479 | + | has greater than four per cent of its resident students, as defined in 4249 |
|---|
| 7480 | + | section 10-262f, enrolled in an interdistrict magnet school program, then 4250 |
|---|
| 7481 | + | such board of education shall not be financially responsible for four 4251 |
|---|
| 7482 | + | thousand four hundred dollars of the portion of the per student tuition 4252 |
|---|
| 7483 | + | charged for each such student in excess of such four per cent. The 4253 |
|---|
| 7484 | + | Department of Education shall, within available appropriations, be 4254 |
|---|
| 7485 | + | financially responsible for such excess per student tuition. 4255 |
|---|
| 7486 | + | Notwithstanding the provisions of this subsection, for the fiscal year 4256 |
|---|
| 7487 | + | ending June 30, 2024, the amount of the grants payable to any such 4257 |
|---|
| 7488 | + | board of education in accordance with this subsection shall be reduced 4258 |
|---|
| 7489 | + | proportionately if the total of such grants in such year exceeds the 4259 |
|---|
| 7490 | + | amount appropriated for purposes of this subsection. 4260 |
|---|
| 7491 | + | Sec. 115. Section 10-264o of the 2024 supplement to the general 4261 |
|---|
| 7492 | + | statutes is repealed and the following is substituted in lieu thereof 4262 |
|---|
| 7493 | + | (Effective July 1, 2024): 4263 |
|---|
| 7494 | + | (a) Notwithstanding any provision of this chapter, interdistrict 4264 |
|---|
| 7495 | + | magnet schools that begin operations on or after July 1, 2008, pursuant 4265 |
|---|
| 7496 | + | to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related 4266 |
|---|
| 7497 | + | stipulation or order in effect, as determined by the Commissioner of 4267 |
|---|
| 7498 | + | Education, may operate without district participation agreements and 4268 |
|---|
| 7499 | + | enroll students from any district through a lottery designated by the 4269 |
|---|
| 7500 | + | commissioner. 4270 |
|---|
| 7501 | + | (b) For the fiscal year ending June 30, [2013, and each fiscal year 4271 |
|---|
| 7502 | + | thereafter] 2025, any tuition charged to a local or regional board of 4272 |
|---|
| 7503 | + | education by a regional educational service center operating an 4273 |
|---|
| 7504 | + | interdistrict magnet school assisting the state in meeting its obligations 4274 |
|---|
| 7505 | + | pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 4275 |
|---|
| 7506 | + | related stipulation or order in effect, as determined by the 4276 |
|---|
| 7507 | + | Commissioner of Education, for any student enrolled in kindergarten to 4277 |
|---|
| 7508 | + | grade twelve, inclusive, in such interdistrict magnet school shall be in 4278 |
|---|
| 7509 | + | an amount equal to the difference between (1) the average per pupil 4279 |
|---|
| 7510 | + | expenditure of the magnet school for the prior fiscal year, and (2) the 4280 |
|---|
| 7511 | + | Bill No. |
|---|
| 7512 | + | |
|---|
| 7513 | + | |
|---|
| 7514 | + | |
|---|
| 7515 | + | LCO No. 5697 177 of 350 |
|---|
| 7516 | + | |
|---|
| 7517 | + | amount of any per pupil state subsidy calculated under subsection (c) 4281 |
|---|
| 7518 | + | of section 10-264l, plus any revenue from other sources calculated on a 4282 |
|---|
| 7519 | + | per pupil basis, [except for the fiscal year ending June 30, 2025, and each 4283 |
|---|
| 7520 | + | fiscal year thereafter,] provided the per student tuition charged to a local 4284 |
|---|
| 7521 | + | or regional board of education shall not exceed fifty-eight per cent the 4285 |
|---|
| 7522 | + | per student tuition charged during the fiscal year ending June 30, 2024. 4286 |
|---|
| 7523 | + | If any such board of education fails to pay such tuition, the 4287 |
|---|
| 7524 | + | commissioner may withhold from such board's town or towns a sum 4288 |
|---|
| 7525 | + | payable under section 10-262i in an amount not to exceed the amount of 4289 |
|---|
| 7526 | + | the unpaid tuition to the magnet school and pay such money to the fiscal 4290 |
|---|
| 7527 | + | agent for the magnet school as a supplementary grant for the operation 4291 |
|---|
| 7528 | + | of the interdistrict magnet school program. In no case shall the sum of 4292 |
|---|
| 7529 | + | such tuitions exceed the difference between (A) the total expenditures 4293 |
|---|
| 7530 | + | of the magnet school for the prior fiscal year, and (B) the total per pupil 4294 |
|---|
| 7531 | + | state subsidy calculated under subsection (c) of section 10-264l, plus any 4295 |
|---|
| 7532 | + | revenue from other sources. The commissioner may conduct a 4296 |
|---|
| 7533 | + | comprehensive review of the operating budget of a magnet school to 4297 |
|---|
| 7534 | + | verify such tuition rate. 4298 |
|---|
| 7535 | + | [(c) (1) For the fiscal year ending June 30, 2013, a regional educational 4299 |
|---|
| 7536 | + | service center operating an interdistrict magnet school assisting the state 4300 |
|---|
| 7537 | + | in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 4301 |
|---|
| 7538 | + | 238 Conn. 1 (1996), or any related stipulation or order in effect, as 4302 |
|---|
| 7539 | + | determined by the Commissioner of Education, and offering a preschool 4303 |
|---|
| 7540 | + | program shall not charge tuition for a child enrolled in such preschool 4304 |
|---|
| 7541 | + | program. 4305 |
|---|
| 7542 | + | (2) For the fiscal year ending June 30, 2014, a regional educational 4306 |
|---|
| 7543 | + | service center operating an interdistrict magnet school assisting the state 4307 |
|---|
| 7544 | + | in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 4308 |
|---|
| 7545 | + | 238 Conn. 1 (1996), or any related stipulation or order in effect, as 4309 |
|---|
| 7546 | + | determined by the Commissioner of Education, and offering a preschool 4310 |
|---|
| 7547 | + | program may charge tuition to the Department of Education for a child 4311 |
|---|
| 7548 | + | enrolled in such preschool program in an amount not to exceed an 4312 |
|---|
| 7549 | + | amount equal to the difference between (A) the average per pupil 4313 |
|---|
| 7550 | + | Bill No. |
|---|
| 7551 | + | |
|---|
| 7552 | + | |
|---|
| 7553 | + | |
|---|
| 7554 | + | LCO No. 5697 178 of 350 |
|---|
| 7555 | + | |
|---|
| 7556 | + | expenditure of the preschool program offered at the magnet school for 4314 |
|---|
| 7557 | + | the prior fiscal year, and (B) the amount of any per pupil state subsidy 4315 |
|---|
| 7558 | + | calculated under subsection (c) of section 10-264l, plus any revenue from 4316 |
|---|
| 7559 | + | other sources calculated on a per pupil basis. The commissioner may 4317 |
|---|
| 7560 | + | conduct a comprehensive review of the operating budget of any such 4318 |
|---|
| 7561 | + | magnet school charging such tuition to verify such tuition rate. 4319 |
|---|
| 7562 | + | (3) For the fiscal year ending June 30, 2015, a regional educational 4320 |
|---|
| 7563 | + | service center operating an interdistrict magnet school assisting the state 4321 |
|---|
| 7564 | + | in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 4322 |
|---|
| 7565 | + | 238 Conn. 1 (1996), or any related stipulation or order in effect, as 4323 |
|---|
| 7566 | + | determined by the Commissioner of Education, and offering a preschool 4324 |
|---|
| 7567 | + | program may charge tuition to the parent or guardian of a child enrolled 4325 |
|---|
| 7568 | + | in such preschool program in an amount that is in accordance with the 4326 |
|---|
| 7569 | + | sliding tuition scale adopted by the State Board of Education pursuant 4327 |
|---|
| 7570 | + | to section 10-264p. The Department of Education shall be financially 4328 |
|---|
| 7571 | + | responsible for any unpaid portion of the tuition not charged to such 4329 |
|---|
| 7572 | + | parent or guardian under such sliding tuition scale. Such tuition shall 4330 |
|---|
| 7573 | + | not exceed an amount equal to the difference between (A) the average 4331 |
|---|
| 7574 | + | per pupil expenditure of the preschool program offered at the magnet 4332 |
|---|
| 7575 | + | school for the prior fiscal year, and (B) the amount of any per pupil state 4333 |
|---|
| 7576 | + | subsidy calculated under subsection (c) of section 10-264l, plus any 4334 |
|---|
| 7577 | + | revenue from other sources calculated on a per pupil basis. The 4335 |
|---|
| 7578 | + | commissioner may conduct a comprehensive review of the operating 4336 |
|---|
| 7579 | + | budget of any such magnet school charging such tuition to verify such 4337 |
|---|
| 7580 | + | tuition rate.] 4338 |
|---|
| 7581 | + | [(4)] (c) For the fiscal year ending June 30, [2016, and each fiscal year 4339 |
|---|
| 7582 | + | thereafter] 2025, a regional educational service center operating an 4340 |
|---|
| 7583 | + | interdistrict magnet school assisting the state in meeting its obligations 4341 |
|---|
| 7584 | + | pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 4342 |
|---|
| 7585 | + | related stipulation or order in effect, as determined by the 4343 |
|---|
| 7586 | + | Commissioner of Education, and offering a preschool program shall 4344 |
|---|
| 7587 | + | charge tuition to the parent or guardian of a child enrolled in such 4345 |
|---|
| 7588 | + | preschool program in an amount [up to four thousand fifty-three 4346 |
|---|
| 7589 | + | Bill No. |
|---|
| 7590 | + | |
|---|
| 7591 | + | |
|---|
| 7592 | + | |
|---|
| 7593 | + | LCO No. 5697 179 of 350 |
|---|
| 7594 | + | |
|---|
| 7595 | + | dollars] not to exceed fifty-eight per cent the per child tuition charged 4347 |
|---|
| 7596 | + | during the fiscal year ending June 30, 2024, except such regional 4348 |
|---|
| 7597 | + | educational service center shall not charge tuition to such parent or 4349 |
|---|
| 7598 | + | guardian with a family income at or below seventy-five per cent of the 4350 |
|---|
| 7599 | + | state median income. The Department of Education shall, within 4351 |
|---|
| 7600 | + | available appropriations, be financially responsible for any unpaid 4352 |
|---|
| 7601 | + | tuition charged to such parent or guardian with a family income at or 4353 |
|---|
| 7602 | + | below seventy-five per cent of the state median income. The 4354 |
|---|
| 7603 | + | commissioner may conduct a comprehensive financial review of the 4355 |
|---|
| 7604 | + | operating budget of any such magnet school charging such tuition to 4356 |
|---|
| 7605 | + | verify such tuition rate. 4357 |
|---|
| 7606 | + | (d) For the fiscal year ending June 30, 2025, any interdistrict magnet 4358 |
|---|
| 7607 | + | school operator described in section 10-264s that offers a preschool 4359 |
|---|
| 7608 | + | program shall charge tuition to the parent or guardian of a child 4360 |
|---|
| 7609 | + | enrolled in such preschool program in an amount not to exceed fifty-4361 |
|---|
| 7610 | + | eight per cent the per child tuition charged during the fiscal year ending 4362 |
|---|
| 7611 | + | June 30, 2024, except such interdistrict magnet school operator shall not 4363 |
|---|
| 7612 | + | charge tuition to such parent or guardian with a family income at or 4364 |
|---|
| 7613 | + | below seventy-five per cent of the state median income. The Department 4365 |
|---|
| 7614 | + | of Education shall, within available appropriations, be financially 4366 |
|---|
| 7615 | + | responsible for any unpaid tuition charged to such parent or guardian 4367 |
|---|
| 7616 | + | with a family income at or below seventy-five per cent of the state 4368 |
|---|
| 7617 | + | median income. The commissioner may conduct a comprehensive 4369 |
|---|
| 7618 | + | financial review of the operating budget of any such interdistrict magnet 4370 |
|---|
| 7619 | + | school operator charging such tuition to verify such tuition rate. 4371 |
|---|
| 7620 | + | Sec. 116. Subsection (d) of section 10-66ee of the 2024 supplement to 4372 |
|---|
| 7621 | + | the general statutes is repealed and the following is substituted in lieu 4373 |
|---|
| 7622 | + | thereof (Effective July 1, 2024): 4374 |
|---|
| 7623 | + | (d) (1) As used in this subsection: 4375 |
|---|
| 7624 | + | (A) "Total charter need students" means the sum of (i) the number of 4376 |
|---|
| 7625 | + | students enrolled in state charter schools under the control of the 4377 |
|---|
| 7626 | + | Bill No. |
|---|
| 7627 | + | |
|---|
| 7628 | + | |
|---|
| 7629 | + | |
|---|
| 7630 | + | LCO No. 5697 180 of 350 |
|---|
| 7631 | + | |
|---|
| 7632 | + | governing authority for such state charter schools for the school year, 4378 |
|---|
| 7633 | + | and (ii) for the school year commencing July 1, 2021, and each school 4379 |
|---|
| 7634 | + | year thereafter, (I) thirty per cent of the number of children enrolled in 4380 |
|---|
| 7635 | + | such state charter schools eligible for free or reduced price meals or free 4381 |
|---|
| 7636 | + | milk, (II) fifteen per cent of the number of such children eligible for free 4382 |
|---|
| 7637 | + | or reduced price meals or free milk in excess of the number of such 4383 |
|---|
| 7638 | + | children eligible for free or reduced price meals or free milk that is equal 4384 |
|---|
| 7639 | + | to sixty per cent of the total number of children enrolled in such state 4385 |
|---|
| 7640 | + | charter schools, and (III) twenty-five per cent of the number of students 4386 |
|---|
| 7641 | + | enrolled in such state charter schools who are multilingual learners, as 4387 |
|---|
| 7642 | + | defined in section 10-76kk. 4388 |
|---|
| 7643 | + | (B) "Foundation" [has the same meaning as provided in section 10-4389 |
|---|
| 7644 | + | 262f] means for the fiscal year ending June 30, 2025, eleven thousand 4390 |
|---|
| 7645 | + | five hundred twenty-five dollars. 4391 |
|---|
| 7646 | + | (C) "Charter full weighted funding per student" means the quotient 4392 |
|---|
| 7647 | + | of (i) the product of the total charter need students and the foundation, 4393 |
|---|
| 7648 | + | and (ii) the number of students enrolled in state charter schools under 4394 |
|---|
| 7649 | + | the control of the governing authority for such state charter schools for 4395 |
|---|
| 7650 | + | the school year. 4396 |
|---|
| 7651 | + | (D) "Charter grant adjustment" means the absolute value of the 4397 |
|---|
| 7652 | + | difference between the foundation and charter full weighted funding 4398 |
|---|
| 7653 | + | per student for state charter schools under the control of the governing 4399 |
|---|
| 7654 | + | authority for such state charter schools for the school year. 4400 |
|---|
| 7655 | + | (2) For the fiscal year ending July 1, 2022, the state shall pay in 4401 |
|---|
| 7656 | + | accordance with this subsection, to the fiscal authority for a state charter 4402 |
|---|
| 7657 | + | school for each student enrolled in such school, the foundation plus four 4403 |
|---|
| 7658 | + | and one-tenth per cent of its charter grant adjustment. 4404 |
|---|
| 7659 | + | (3) For the fiscal year ending June 30, 2023, the state shall pay in 4405 |
|---|
| 7660 | + | accordance with this subsection, to the fiscal authority for a state charter 4406 |
|---|
| 7661 | + | school for each student enrolled in such school, the foundation plus 4407 |
|---|
| 7662 | + | twenty-five and forty-two-one-hundredths per cent of its charter grant 4408 |
|---|
| 7663 | + | Bill No. |
|---|
| 7664 | + | |
|---|
| 7665 | + | |
|---|
| 7666 | + | |
|---|
| 7667 | + | LCO No. 5697 181 of 350 |
|---|
| 7668 | + | |
|---|
| 7669 | + | adjustment. 4409 |
|---|
| 7670 | + | (4) For the fiscal year ending June 30, 2024, the state shall pay in 4410 |
|---|
| 7671 | + | accordance with this subsection, to the fiscal authority for a state charter 4411 |
|---|
| 7672 | + | school for each student enrolled in such school, the foundation plus 4412 |
|---|
| 7673 | + | thirty-six and eight-one-hundredths per cent of its charter grant 4413 |
|---|
| 7674 | + | adjustment. 4414 |
|---|
| 7675 | + | (5) For the fiscal year ending June 30, 2025, [and each fiscal year 4415 |
|---|
| 7676 | + | thereafter,] the state shall pay in accordance with this subsection, to the 4416 |
|---|
| 7677 | + | fiscal authority for a state charter school for each student enrolled in 4417 |
|---|
| 7678 | + | such school, the foundation plus fifty-six and seven tenths per cent of its 4418 |
|---|
| 7679 | + | charter grant adjustment. 4419 |
|---|
| 7680 | + | (6) Payments under subdivisions (2) to (5), inclusive, of this 4420 |
|---|
| 7681 | + | subsection shall be paid as follows: Twenty-five per cent of the amount 4421 |
|---|
| 7682 | + | not later than July fifteenth and September first based on estimated 4422 |
|---|
| 7683 | + | student enrollment on May first, and twenty-five per cent of the amount 4423 |
|---|
| 7684 | + | not later than January first and the remaining amount not later than 4424 |
|---|
| 7685 | + | April first, each based on student enrollment on October first. 4425 |
|---|
| 7686 | + | (7) In the case of a student identified as requiring special education, 4426 |
|---|
| 7687 | + | the school district in which the student resides shall: (A) Hold the 4427 |
|---|
| 7688 | + | planning and placement team meeting for such student and shall invite 4428 |
|---|
| 7689 | + | representatives from the charter school to participate in such meeting; 4429 |
|---|
| 7690 | + | and (B) pay the state charter school, on a quarterly basis, an amount 4430 |
|---|
| 7691 | + | equal to the difference between the reasonable cost of educating such 4431 |
|---|
| 7692 | + | student and the sum of the amount received by the state charter school 4432 |
|---|
| 7693 | + | for such student pursuant to subdivision (1) of this subsection and 4433 |
|---|
| 7694 | + | amounts received from other state, federal, local or private sources 4434 |
|---|
| 7695 | + | calculated on a per pupil basis. Such school district shall be eligible for 4435 |
|---|
| 7696 | + | reimbursement pursuant to section 10-76g. The charter school a student 4436 |
|---|
| 7697 | + | requiring special education attends shall be responsible for ensuring 4437 |
|---|
| 7698 | + | that such student receives the services mandated by the student's 4438 |
|---|
| 7699 | + | individualized education program whether such services are provided 4439 |
|---|
| 7700 | + | Bill No. |
|---|
| 7701 | + | |
|---|
| 7702 | + | |
|---|
| 7703 | + | |
|---|
| 7704 | + | LCO No. 5697 182 of 350 |
|---|
| 7705 | + | |
|---|
| 7706 | + | by the charter school or by the school district in which the student 4440 |
|---|
| 7707 | + | resides. 4441 |
|---|
| 7708 | + | Sec. 117. Section 10-65 of the 2024 supplement to the general statutes 4442 |
|---|
| 7709 | + | is repealed and the following is substituted in lieu thereof (Effective July 4443 |
|---|
| 7710 | + | 1, 2024): 4444 |
|---|
| 7711 | + | (a) Each local or regional school district operating an agricultural 4445 |
|---|
| 7712 | + | science and technology education center approved by the State Board of 4446 |
|---|
| 7713 | + | Education for program, educational need, location and area to be served 4447 |
|---|
| 7714 | + | shall be eligible for the following grants: (1) In accordance with the 4448 |
|---|
| 7715 | + | provisions of chapter 173, through progress payments in accordance 4449 |
|---|
| 7716 | + | with the provisions of section 10-287i, (A) for projects for which an 4450 |
|---|
| 7717 | + | application was filed prior to July 1, 2011, ninety-five per cent, and (B) 4451 |
|---|
| 7718 | + | for projects for which an application was filed on or after July 1, 2011, 4452 |
|---|
| 7719 | + | eighty per cent of the net eligible costs of constructing, acquiring, 4453 |
|---|
| 7720 | + | renovating and equipping approved facilities to be used exclusively for 4454 |
|---|
| 7721 | + | such agricultural science and technology education center, for the 4455 |
|---|
| 7722 | + | expansion or improvement of existing facilities or for the replacement 4456 |
|---|
| 7723 | + | or improvement of equipment therein, and (2) subject to the provisions 4457 |
|---|
| 7724 | + | of section 10-65b, [and within available appropriations, (A) for the fiscal 4458 |
|---|
| 7725 | + | year ending June 30, 2024, in an amount equal to five thousand two 4459 |
|---|
| 7726 | + | hundred dollars per student for every secondary school student who 4460 |
|---|
| 7727 | + | was enrolled in such center on October first of the previous year, and 4461 |
|---|
| 7728 | + | (B) for the fiscal year ending June 30, 2025, and each fiscal year 4462 |
|---|
| 7729 | + | thereafter, in an amount equal to at least five thousand two hundred 4463 |
|---|
| 7730 | + | dollars per student for every secondary school student who was 4464 |
|---|
| 7731 | + | enrolled in such center on October first of the previous year] for the 4465 |
|---|
| 7732 | + | fiscal year ending June 30, 2025, a grant equal to the amount such board 4466 |
|---|
| 7733 | + | is entitled to receive under the provisions of section 112 of this act. 4467 |
|---|
| 7734 | + | (b) (1) Each local or regional board of education not maintaining an 4468 |
|---|
| 7735 | + | agricultural science and technology education center shall provide 4469 |
|---|
| 7736 | + | opportunities for its students to enroll in one or more such centers. [in a 4470 |
|---|
| 7737 | + | number that is at least equal to the number specified in any written 4471 |
|---|
| 7738 | + | Bill No. |
|---|
| 7739 | + | |
|---|
| 7740 | + | |
|---|
| 7741 | + | |
|---|
| 7742 | + | LCO No. 5697 183 of 350 |
|---|
| 7743 | + | |
|---|
| 7744 | + | agreement with each such center or centers, or in the absence of such an 4472 |
|---|
| 7745 | + | agreement, a number that is at least equal to the average number of its 4473 |
|---|
| 7746 | + | students that the board of education enrolled in each such center or 4474 |
|---|
| 7747 | + | centers during the previous three school years, provided, in addition to 4475 |
|---|
| 7748 | + | such number, each such board of education shall provide opportunities 4476 |
|---|
| 7749 | + | for its students to enroll in the ninth grade in a number that is at least 4477 |
|---|
| 7750 | + | equal to the number specified in any written agreement with each such 4478 |
|---|
| 7751 | + | center or centers, or in the absence of such an agreement, a number that 4479 |
|---|
| 7752 | + | is at least equal to the average number of students that the board of 4480 |
|---|
| 7753 | + | education enrolled in the ninth grade in each such center or centers 4481 |
|---|
| 7754 | + | during the previous three school years.] If a local or regional board of 4482 |
|---|
| 7755 | + | education provided opportunities for students to enroll in more than 4483 |
|---|
| 7756 | + | one center for the school year commencing July 1, 2007, such board of 4484 |
|---|
| 7757 | + | education shall continue to provide such opportunities to students in 4485 |
|---|
| 7758 | + | accordance with this subsection. [The] 4486 |
|---|
| 7759 | + | (2) For the fiscal year ending June 30, 2025, the board of education 4487 |
|---|
| 7760 | + | operating an agricultural science and technology education center may 4488 |
|---|
| 7761 | + | charge, subject to the provisions of section 10-65b, tuition for a school 4489 |
|---|
| 7762 | + | year in an amount not to exceed fifty-nine and two-tenths per cent of the 4490 |
|---|
| 7763 | + | foundation level pursuant to subdivision (9) of section 10-262f, per 4491 |
|---|
| 7764 | + | student for the fiscal year in which the tuition is paid, except that [(1)] 4492 |
|---|
| 7765 | + | (A) such board may charge tuition for [(A)] (i) students enrolled under 4493 |
|---|
| 7766 | + | shared-time arrangements on a pro rata basis, and [(B)] (ii) special 4494 |
|---|
| 7767 | + | education students which shall not exceed the actual costs of educating 4495 |
|---|
| 7768 | + | such students minus the amounts received pursuant to subdivision (2) 4496 |
|---|
| 7769 | + | of subsection (a) of this section and subsection (c) of this section, and [(2) 4497 |
|---|
| 7770 | + | for the fiscal year ending June 30, 2025, and each fiscal year thereafter,] 4498 |
|---|
| 7771 | + | (B) such board may charge such tuition in an amount not to exceed fifty-4499 |
|---|
| 7772 | + | eight per cent of the amount such board charged during the fiscal year 4500 |
|---|
| 7773 | + | ending June 30, 2024. Any tuition paid by such board for special 4501 |
|---|
| 7774 | + | education students in excess of the tuition paid for non-special-4502 |
|---|
| 7775 | + | education students shall be reimbursed pursuant to section 10-76g. 4503 |
|---|
| 7776 | + | [(c) In addition to the grants described in subsection (a) of this section, 4504 |
|---|
| 7777 | + | Bill No. |
|---|
| 7778 | + | |
|---|
| 7779 | + | |
|---|
| 7780 | + | |
|---|
| 7781 | + | LCO No. 5697 184 of 350 |
|---|
| 7782 | + | |
|---|
| 7783 | + | within available appropriations, (1) each local or regional board of 4505 |
|---|
| 7784 | + | education operating an agricultural science and technology education 4506 |
|---|
| 7785 | + | center in which more than one hundred fifty of the students in the prior 4507 |
|---|
| 7786 | + | school year were out-of-district students shall be eligible to receive a 4508 |
|---|
| 7787 | + | grant (A) for the fiscal year ending June 30, 2024, in an amount equal to 4509 |
|---|
| 7788 | + | five hundred dollars for every secondary school student enrolled in 4510 |
|---|
| 7789 | + | such center on October first of the previous year, and (B) for the fiscal 4511 |
|---|
| 7790 | + | year ending June 30, 2025, and each fiscal year thereafter, in an amount 4512 |
|---|
| 7791 | + | equal to at least five hundred dollars for every secondary school student 4513 |
|---|
| 7792 | + | enrolled in such center on October first of the previous year, (2) on and 4514 |
|---|
| 7793 | + | after July 1, 2000, if a local or regional board of education operating an 4515 |
|---|
| 7794 | + | agricultural science and technology education center that received a 4516 |
|---|
| 7795 | + | grant pursuant to subdivision (1) of this subsection no longer qualifies 4517 |
|---|
| 7796 | + | for such a grant, such local or regional board of education shall receive 4518 |
|---|
| 7797 | + | a grant in an amount determined as follows: (A) For the first fiscal year 4519 |
|---|
| 7798 | + | such board of education does not qualify for a grant under said 4520 |
|---|
| 7799 | + | subdivision (1), a grant in the amount equal to four hundred dollars for 4521 |
|---|
| 7800 | + | every secondary school student enrolled in its agricultural science and 4522 |
|---|
| 7801 | + | technology education center on October first of the previous year, (B) 4523 |
|---|
| 7802 | + | for the second successive fiscal year such board of education does not 4524 |
|---|
| 7803 | + | so qualify, a grant in an amount equal to three hundred dollars for every 4525 |
|---|
| 7804 | + | such secondary school student enrolled in such center on said date, (C) 4526 |
|---|
| 7805 | + | for the third successive fiscal year such board of education does not so 4527 |
|---|
| 7806 | + | qualify, a grant in an amount equal to two hundred dollars for every 4528 |
|---|
| 7807 | + | such secondary school student enrolled in such center on said date, and 4529 |
|---|
| 7808 | + | (D) for the fourth successive fiscal year such board of education does 4530 |
|---|
| 7809 | + | not so qualify, a grant in an amount equal to one hundred dollars for 4531 |
|---|
| 7810 | + | every such secondary school student enrolled in such center on said 4532 |
|---|
| 7811 | + | date, and (3) each local and regional board of education operating an 4533 |
|---|
| 7812 | + | agricultural science and technology education center that does not 4534 |
|---|
| 7813 | + | receive a grant pursuant to subdivision (1) or (2) of this subsection shall 4535 |
|---|
| 7814 | + | receive a grant in an amount equal to sixty dollars for every secondary 4536 |
|---|
| 7815 | + | school student enrolled in such center on said date. 4537 |
|---|
| 7816 | + | Bill No. |
|---|
| 7817 | + | |
|---|
| 7818 | + | |
|---|
| 7819 | + | |
|---|
| 7820 | + | LCO No. 5697 185 of 350 |
|---|
| 7821 | + | |
|---|
| 7822 | + | (d) (1) If there are any remaining funds after the amount of the grants 4538 |
|---|
| 7823 | + | described in subsections (a) and (c) of this section are calculated, within 4539 |
|---|
| 7824 | + | available appropriations, each local or regional board of education 4540 |
|---|
| 7825 | + | operating an agricultural science and technology education center shall 4541 |
|---|
| 7826 | + | be eligible to receive a grant in an amount equal to one hundred dollars 4542 |
|---|
| 7827 | + | for each student enrolled in such center on October first of the previous 4543 |
|---|
| 7828 | + | school year. (2) If there are any remaining funds after the amount of the 4544 |
|---|
| 7829 | + | grants described in subdivision (1) of this subsection are calculated, 4545 |
|---|
| 7830 | + | within available appropriations, each local or regional board of 4546 |
|---|
| 7831 | + | education operating an agricultural science and technology education 4547 |
|---|
| 7832 | + | center that had more than one hundred fifty out-of-district students 4548 |
|---|
| 7833 | + | enrolled in such center on October first of the previous school year shall 4549 |
|---|
| 7834 | + | be eligible to receive a grant based on the ratio of the number of out-of-4550 |
|---|
| 7835 | + | district students in excess of one hundred fifty out-of-district students 4551 |
|---|
| 7836 | + | enrolled in such center on said date to the total number of out-of-district 4552 |
|---|
| 7837 | + | students in excess of one hundred fifty out-of-district students enrolled 4553 |
|---|
| 7838 | + | in all agricultural science and technology education centers that had in 4554 |
|---|
| 7839 | + | excess of one hundred fifty out-of-district students enrolled on said 4555 |
|---|
| 7840 | + | date.] 4556 |
|---|
| 7841 | + | [(e)] (c) For the fiscal year ending June 30, 2013, and each fiscal year 4557 |
|---|
| 7842 | + | thereafter, if a local or regional board of education receives an increase 4558 |
|---|
| 7843 | + | in funds pursuant to this section over the amount it received for the 4559 |
|---|
| 7844 | + | prior fiscal year such increase shall not be used to supplant local funding 4560 |
|---|
| 7845 | + | for educational purposes. 4561 |
|---|
| 7846 | + | (d) For the fiscal year ending June 30, 2025, for the purposes of 4562 |
|---|
| 7847 | + | equalization aid under section 10-262h, a student enrolled in an 4563 |
|---|
| 7848 | + | agricultural science and technology education center shall be counted as 4564 |
|---|
| 7849 | + | a resident student, as defined in section 10-262f, of the town in which 4565 |
|---|
| 7850 | + | such student resides. 4566 |
|---|
| 7851 | + | Sec. 118. Subsection (d) of section 10-64 of the general statutes is 4567 |
|---|
| 7852 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 4568 |
|---|
| 7853 | + | 2024): 4569 |
|---|
| 7854 | + | Bill No. |
|---|
| 7855 | + | |
|---|
| 7856 | + | |
|---|
| 7857 | + | |
|---|
| 7858 | + | LCO No. 5697 186 of 350 |
|---|
| 7859 | + | |
|---|
| 7860 | + | (d) Any local or regional board of education which does not furnish 4570 |
|---|
| 7861 | + | agricultural science and technology education approved by the State 4571 |
|---|
| 7862 | + | Board of Education shall designate a school or schools having such a 4572 |
|---|
| 7863 | + | course approved by the State Board of Education as the school which 4573 |
|---|
| 7864 | + | any person may attend who has completed an elementary school course 4574 |
|---|
| 7865 | + | through the eighth grade. The board of education shall pay [the tuition 4575 |
|---|
| 7866 | + | and] any tuition charged under section 10-65 and the reasonable and 4576 |
|---|
| 7867 | + | necessary cost of transportation of any person under twenty-one years 4577 |
|---|
| 7868 | + | of age who is not a graduate of a high school or technical education and 4578 |
|---|
| 7869 | + | career school or an agricultural science and technology education center 4579 |
|---|
| 7870 | + | and who attends the designated school, provided transportation 4580 |
|---|
| 7871 | + | services may be suspended in accordance with the provisions of section 4581 |
|---|
| 7872 | + | 10-233c. Each such board's reimbursement percentage pursuant to 4582 |
|---|
| 7873 | + | section 10-266m for expenditures in excess of eight hundred dollars per 4583 |
|---|
| 7874 | + | pupil incurred in the fiscal year beginning July 1, 2004, and in each fiscal 4584 |
|---|
| 7875 | + | year thereafter, shall be increased by an additional twenty percentage 4585 |
|---|
| 7876 | + | points. 4586 |
|---|
| 7877 | + | Sec. 119. Subsection (b) of section 10-97 of the general statutes is 4587 |
|---|
| 7878 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 4588 |
|---|
| 7879 | + | 2024): 4589 |
|---|
| 7880 | + | (b) Any local or regional board of education which does not furnish 4590 |
|---|
| 7881 | + | agricultural science and technology education approved by the State 4591 |
|---|
| 7882 | + | Board of Education shall designate a school or schools having such a 4592 |
|---|
| 7883 | + | course approved by the State Board of Education as the school which 4593 |
|---|
| 7884 | + | any person may attend who has completed an elementary school course 4594 |
|---|
| 7885 | + | through the eighth grade. The board of education shall pay [the tuition 4595 |
|---|
| 7886 | + | and] any tuition charged under section 10-65 and the reasonable and 4596 |
|---|
| 7887 | + | necessary cost of transportation of any person under twenty-one years 4597 |
|---|
| 7888 | + | of age who is not a graduate of a high school or technical education and 4598 |
|---|
| 7889 | + | career school and who attends the designated school, provided 4599 |
|---|
| 7890 | + | transportation services may be suspended in accordance with the 4600 |
|---|
| 7891 | + | provisions of section 10-233c. Each such board's reimbursement 4601 |
|---|
| 7892 | + | percentage pursuant to section 10-266m for expenditures in excess of 4602 |
|---|
| 7893 | + | Bill No. |
|---|
| 7894 | + | |
|---|
| 7895 | + | |
|---|
| 7896 | + | |
|---|
| 7897 | + | LCO No. 5697 187 of 350 |
|---|
| 7898 | + | |
|---|
| 7899 | + | eight hundred dollars per pupil incurred in the fiscal year beginning 4603 |
|---|
| 7900 | + | July 1, 1987, and in each fiscal year thereafter, shall be increased by an 4604 |
|---|
| 7901 | + | additional twenty percentage points. 4605 |
|---|
| 7902 | + | Sec. 120. Subsection (a) of section 10-65 of the 2024 supplement to the 4606 |
|---|
| 7903 | + | general statutes is repealed and the following is substituted in lieu 4607 |
|---|
| 7904 | + | thereof (Effective from passage): 4608 |
|---|
| 7905 | + | (a) Each local or regional school district operating an agricultural 4609 |
|---|
| 7906 | + | science and technology education center approved by the State Board of 4610 |
|---|
| 7907 | + | Education for program, educational need, location and area to be served 4611 |
|---|
| 7908 | + | shall be eligible for the following grants: (1) In accordance with the 4612 |
|---|
| 7909 | + | provisions of chapter 173, through progress payments in accordance 4613 |
|---|
| 7910 | + | with the provisions of section 10-287i, (A) for projects for which an 4614 |
|---|
| 7911 | + | application was filed prior to July 1, 2011, ninety-five per cent, and (B) 4615 |
|---|
| 7912 | + | for projects for which an application was filed on or after July 1, 2011, 4616 |
|---|
| 7913 | + | eighty per cent of the net eligible costs of constructing, acquiring, 4617 |
|---|
| 7914 | + | renovating and equipping approved facilities to be used exclusively for 4618 |
|---|
| 7915 | + | such agricultural science and technology education center, for the 4619 |
|---|
| 7916 | + | expansion or improvement of existing facilities or for the replacement 4620 |
|---|
| 7917 | + | or improvement of equipment therein, and (2) subject to the provisions 4621 |
|---|
| 7918 | + | of section 10-65b, [and within available appropriations,] (A) for the fiscal 4622 |
|---|
| 7919 | + | year ending June 30, 2024, in an amount equal to five thousand two 4623 |
|---|
| 7920 | + | hundred dollars per student for every secondary school student who 4624 |
|---|
| 7921 | + | was enrolled in such center on October first of the previous year, and 4625 |
|---|
| 7922 | + | (B) for the fiscal year ending June 30, 2025, and each fiscal year 4626 |
|---|
| 7923 | + | thereafter, in an amount equal to at least five thousand two hundred 4627 |
|---|
| 7924 | + | dollars per student for every secondary school student who was 4628 |
|---|
| 7925 | + | enrolled in such center on October first of the previous year. 4629 |
|---|
| 7926 | + | Sec. 121. Section 346 of public act 23-204 is repealed and the following 4630 |
|---|
| 7927 | + | is inserted in lieu thereof (Effective July 1, 2024): 4631 |
|---|
| 7928 | + | (a) The sum of $150,000,000 that is appropriated in section 1 of [this 4632 |
|---|
| 7929 | + | act] public act 23-204 to the Department of Education, for Education 4633 |
|---|
| 7930 | + | Bill No. |
|---|
| 7931 | + | |
|---|
| 7932 | + | |
|---|
| 7933 | + | |
|---|
| 7934 | + | LCO No. 5697 188 of 350 |
|---|
| 7935 | + | |
|---|
| 7936 | + | Finance Reform, for the fiscal year ending June 30, 2025, shall be 4634 |
|---|
| 7937 | + | expended in the following manner: 4635 |
|---|
| 7938 | + | (1) [$68,499,497] $139,626,522 of such appropriated amount shall be 4636 |
|---|
| 7939 | + | used to (A) supplement the amount appropriated to the Education 4637 |
|---|
| 7940 | + | Equalization Grants account in the Department of Education and 4638 |
|---|
| 7941 | + | expended for the purpose of providing equalization aid grants in 4639 |
|---|
| 7942 | + | accordance with the provisions of subsection (g) of section 10-262h of 4640 |
|---|
| 7943 | + | the general statutes, (B) supplement the amount appropriated to the 4641 |
|---|
| 7944 | + | Charter Schools account in the Department of Education and expended 4642 |
|---|
| 7945 | + | for the purpose of providing grants to charter schools in accordance 4643 |
|---|
| 7946 | + | with the provisions of section 10-66ee of the general statutes, and (C) be 4644 |
|---|
| 7947 | + | expended to provide grants in accordance with the provisions of section 4645 |
|---|
| 7948 | + | 112 of this act; 4646 |
|---|
| 7949 | + | (2) [$9,378,313] $1,473,478 of such appropriated amount shall be used 4647 |
|---|
| 7950 | + | to supplement the amount appropriated to the Charter Schools account 4648 |
|---|
| 7951 | + | in the Department of Education and expended for the purpose of 4649 |
|---|
| 7952 | + | providing grants [to charter schools in accordance with the provisions 4650 |
|---|
| 7953 | + | of section 10-66ee of the general statutes] for (A) the expansion of (i) 4651 |
|---|
| 7954 | + | forty seats at Brass City Charter School, (ii) thirty-six seats at Odyssey 4652 |
|---|
| 7955 | + | Community School, (iii) fifty-two seats at Interdistrict School for the 4653 |
|---|
| 7956 | + | Arts and Communication, and (iv) twenty-two seats at Integrated Day 4654 |
|---|
| 7957 | + | Charter School, and (B) the reduction of forty seats at Booker T. 4655 |
|---|
| 7958 | + | Washington Academy; 4656 |
|---|
| 7959 | + | [(3) $40,188,429 of such appropriated amount shall be used to 4657 |
|---|
| 7960 | + | supplement the amount appropriated to the Magnet Schools account in 4658 |
|---|
| 7961 | + | the Department of Education and expended for the pu rpose of 4659 |
|---|
| 7962 | + | increasing per student grant amounts to operators of interdistrict 4660 |
|---|
| 7963 | + | magnet school programs that are not a local or regional board of 4661 |
|---|
| 7964 | + | education in accordance with the provisions of section 10-264l of the 4662 |
|---|
| 7965 | + | general statutes; 4663 |
|---|
| 7966 | + | (4) $13,254,358 of such appropriated amount shall be used to 4664 |
|---|
| 7967 | + | Bill No. |
|---|
| 7968 | + | |
|---|
| 7969 | + | |
|---|
| 7970 | + | |
|---|
| 7971 | + | LCO No. 5697 189 of 350 |
|---|
| 7972 | + | |
|---|
| 7973 | + | supplement the amount appropriated to the Magnet Schools account in 4665 |
|---|
| 7974 | + | the Department of Education and expended for the purpose of 4666 |
|---|
| 7975 | + | increasing per student grant amounts to local and regional boards of 4667 |
|---|
| 7976 | + | education that operate interdistrict magnet school programs in 4668 |
|---|
| 7977 | + | accordance with the provisions of section 10-264l of the general statutes; 4669 |
|---|
| 7978 | + | (5) $11,430,343 of such appropriated amount shall be used to 4670 |
|---|
| 7979 | + | supplement the amount appropriated to the Open Choice Program 4671 |
|---|
| 7980 | + | account in the Department of Education and expended for the purpose 4672 |
|---|
| 7981 | + | of increasing per student grant amounts to local and regional boards of 4673 |
|---|
| 7982 | + | education that are receiving districts under the interdistrict public 4674 |
|---|
| 7983 | + | school attendance program in accordance with the provisions of section 4675 |
|---|
| 7984 | + | 10-266aa of the general statutes; and 4676 |
|---|
| 7985 | + | (6) $7,249,060 of such appropriated amount shall be expended for the 4677 |
|---|
| 7986 | + | purpose of providing grants to local or regional boards of education that 4678 |
|---|
| 7987 | + | operate an agricultural science and technology education center 4679 |
|---|
| 7988 | + | approved by the State Board of Education in accordance with the 4680 |
|---|
| 7989 | + | provisions of section 10-65 of the general statutes.] 4681 |
|---|
| 7990 | + | (3) $50,000 of such appropriated amount shall be used by the 4682 |
|---|
| 7991 | + | Commissioner of Education for the purpose of developing the plan 4683 |
|---|
| 7992 | + | described in section 122 of this act; 4684 |
|---|
| 7993 | + | (4) $400,000 of such appropriated amount shall be used by the 4685 |
|---|
| 7994 | + | Department of Education to provide a grant-in-aid to the Connecticut 4686 |
|---|
| 7995 | + | Association of Boards of Education for the purpose of developing a new 4687 |
|---|
| 7996 | + | or expanding an existing database for the purpose of collecting and 4688 |
|---|
| 7997 | + | retaining educator professional development records; 4689 |
|---|
| 7998 | + | (5) $100,000 of such appropriated amount shall be used by the 4690 |
|---|
| 7999 | + | Department of Education to enter into a memorandum of 4691 |
|---|
| 8000 | + | understanding, in accordance with the provisions of section 4-97b of the 4692 |
|---|
| 8001 | + | general statutes, with The University of Connecticut for the purpose of 4693 |
|---|
| 8002 | + | providing such appropriated funds to The University of Connecticut so 4694 |
|---|
| 8003 | + | that The School of Public Policy at The University of Connecticut may 4695 |
|---|
| 8004 | + | Bill No. |
|---|
| 8005 | + | |
|---|
| 8006 | + | |
|---|
| 8007 | + | |
|---|
| 8008 | + | LCO No. 5697 190 of 350 |
|---|
| 8009 | + | |
|---|
| 8010 | + | conduct the study and comprehensive asset and capacity mapping for 4696 |
|---|
| 8011 | + | nonprofit organizations in the state in accordance with the provisions of 4697 |
|---|
| 8012 | + | section 123 of this act; 4698 |
|---|
| 8013 | + | (6) (A) $175,000 of such appropriated amount shall be used by the 4699 |
|---|
| 8014 | + | Department of Education to provide a grant-in-aid to the local board of 4700 |
|---|
| 8015 | + | education for the city of New Haven for the purpose of purchasing bus 4701 |
|---|
| 8016 | + | passes for state-owned or state-controlled bus public transportation 4702 |
|---|
| 8017 | + | service for students who are enrolled in grades nine to twelve, inclusive, 4703 |
|---|
| 8018 | + | of a public school under the jurisdiction of such board of education; 4704 |
|---|
| 8019 | + | (B) $175,000 of such appropriated amount shall be used by the 4705 |
|---|
| 8020 | + | Department of Education to provide a grant-in-aid to the local board of 4706 |
|---|
| 8021 | + | education for the city of Hartford for the purpose of purchasing bus 4707 |
|---|
| 8022 | + | passes for state-owned or state-controlled bus public transportation 4708 |
|---|
| 8023 | + | service for students who are enrolled in grades nine to twelve, inclusive, 4709 |
|---|
| 8024 | + | of a public school under the jurisdiction of such board of education; 4710 |
|---|
| 8025 | + | (7) $5,000,000 of such appropriated amount shall be used by the 4711 |
|---|
| 8026 | + | Department of Education to provide a grant-in-aid to the local board of 4712 |
|---|
| 8027 | + | education for the city of Hartford for interdistrict magnet school tuition 4713 |
|---|
| 8028 | + | assistance; 4714 |
|---|
| 8029 | + | (8) $1,200,000 of such appropriated amount shall be used by the 4715 |
|---|
| 8030 | + | Department of Education to provide a grant-in-aid to the Goodwin 4716 |
|---|
| 8031 | + | University Magnet Schools, Inc. for student enrollment expansion and 4717 |
|---|
| 8032 | + | compliance with the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or 4718 |
|---|
| 8033 | + | any related stipulation or order in effect, as determined by the 4719 |
|---|
| 8034 | + | Commissioner of Education; 4720 |
|---|
| 8035 | + | (9) $650,000 of such appropriated amount shall be used by the 4721 |
|---|
| 8036 | + | Department of Education to provide a grant-in-aid to InterCommunity 4722 |
|---|
| 8037 | + | Health Care for the provision of mental health services to students at the 4723 |
|---|
| 8038 | + | school-based health centers located in the East Hartford school district; 4724 |
|---|
| 8039 | + | (10) $200,000 of such appropriated amount shall be used by the 4725 |
|---|
| 8040 | + | Bill No. |
|---|
| 8041 | + | |
|---|
| 8042 | + | |
|---|
| 8043 | + | |
|---|
| 8044 | + | LCO No. 5697 191 of 350 |
|---|
| 8045 | + | |
|---|
| 8046 | + | Department of Education to provide a grant-in-aid to the Connecticut 4726 |
|---|
| 8047 | + | Association of Schools for operating and personnel expenses, including 4727 |
|---|
| 8048 | + | the hiring of an individual to be an assistant director of leadership and 4728 |
|---|
| 8049 | + | development; 4729 |
|---|
| 8050 | + | (11) $150,000 of such appropriated amount shall be used by the 4730 |
|---|
| 8051 | + | Department of Education to provide a grant-in-aid to the Artists 4731 |
|---|
| 8052 | + | Collective for arts enrichment for students in grades kindergarten to 4732 |
|---|
| 8053 | + | twelve, inclusive; and 4733 |
|---|
| 8054 | + | (12) $800,000 of such appropriated amount shall be used by the 4734 |
|---|
| 8055 | + | Department of Education to provide a grant-in-aid to the Brother Carl 4735 |
|---|
| 8056 | + | Institute for tutoring and mentoring services for students in grades four 4736 |
|---|
| 8057 | + | to twelve, inclusive, and the development of a summer college 4737 |
|---|
| 8058 | + | preparation program. 4738 |
|---|
| 8059 | + | (b) The Department of Education shall make all payments described 4739 |
|---|
| 8060 | + | in subdivisions (3) to (12), inclusive, of subsection (a) of this section on 4740 |
|---|
| 8061 | + | or before September 30, 2024. 4741 |
|---|
| 8062 | + | Sec. 122. (Effective from passage) The Commissioner of Education shall 4742 |
|---|
| 8063 | + | develop a plan to (1) convert the State Board of Education from being 4743 |
|---|
| 8064 | + | the department head, as defined in section 4-5 of the general statutes, of 4744 |
|---|
| 8065 | + | the Department of Education to an advisory board within the 4745 |
|---|
| 8066 | + | department, and (2) empower the Commissioner of Education to 4746 |
|---|
| 8067 | + | become the department head for the Department of Education. Not later 4747 |
|---|
| 8068 | + | than January 1, 2026, the commissioner shall submit such plan and any 4748 |
|---|
| 8069 | + | recommendations for legislation to the joint standing committee of the 4749 |
|---|
| 8070 | + | General Assembly having cognizance of matters relating to education in 4750 |
|---|
| 8071 | + | accordance with the provisions of section 11-4a of the general statutes. 4751 |
|---|
| 8072 | + | Sec. 123. (Effective July 1, 2024) (a) The School of Public Policy at The 4752 |
|---|
| 8073 | + | University of Connecticut shall conduct a study and comprehensive 4753 |
|---|
| 8074 | + | asset and capacity mapping for nonprofit organizations in this state to 4754 |
|---|
| 8075 | + | help support the sharing of information and collaboration between such 4755 |
|---|
| 8076 | + | nonprofit organizations and the communities they serve. The School of 4756 |
|---|
| 8077 | + | Bill No. |
|---|
| 8078 | + | |
|---|
| 8079 | + | |
|---|
| 8080 | + | |
|---|
| 8081 | + | LCO No. 5697 192 of 350 |
|---|
| 8082 | + | |
|---|
| 8083 | + | Public Policy at The University of Connecticut shall consult with state 4757 |
|---|
| 8084 | + | agencies, nonprofit organizations and philanthropy associations in the 4758 |
|---|
| 8085 | + | state while conducting such study and mapping. As used in this section, 4759 |
|---|
| 8086 | + | "state agency" has the same meaning as provided in section 1-79 of the 4760 |
|---|
| 8087 | + | general statutes. 4761 |
|---|
| 8088 | + | (b) Such study and mapping shall (1) assess the capacity of such 4762 |
|---|
| 8089 | + | nonprofit organizations to assist the state in addressing public needs 4763 |
|---|
| 8090 | + | and identifying the availability and strength of assets and gaps or 4764 |
|---|
| 8091 | + | weaknesses of service, (2) provide an effective tool for sharing data, 4765 |
|---|
| 8092 | + | documents and communication among and between such nonprofit 4766 |
|---|
| 8093 | + | organizations for the purpose of strengthening such nonprofit 4767 |
|---|
| 8094 | + | organizations' capacity to serve the residents of the state, (3) provide a 4768 |
|---|
| 8095 | + | resource for policy makers to determine gaps in services and capacity 4769 |
|---|
| 8096 | + | and enhance collaboration among different nonprofit organizations 4770 |
|---|
| 8097 | + | working in the same geographic areas and serving the same target 4771 |
|---|
| 8098 | + | population, (4) provide information to policy makers on ways in which 4772 |
|---|
| 8099 | + | to ensure that resources are being invested in areas and populations 4773 |
|---|
| 8100 | + | with the greatest need and the extent to which the lack of such resources 4774 |
|---|
| 8101 | + | impacts such areas and populations, and (5) present data by town, 4775 |
|---|
| 8102 | + | county and state-wide, as well as by each regional council of 4776 |
|---|
| 8103 | + | government, and include a summary of the available resources, 4777 |
|---|
| 8104 | + | including nonprofit organizations and state agencies, to create a 4778 |
|---|
| 8105 | + | database of the state's nonprofit organizations by target service 4779 |
|---|
| 8106 | + | population, mission and geography. 4780 |
|---|
| 8107 | + | (c) The Office of Policy and Management, Department of Consumer 4781 |
|---|
| 8108 | + | Protection, Secretary of the State and any other state agency which 4782 |
|---|
| 8109 | + | contracts with nonprofits to provide services on its behalf, shall, upon 4783 |
|---|
| 8110 | + | request of the School of Public Policy at The University of Connecticut, 4784 |
|---|
| 8111 | + | provide to said school any data necessary to conduct such study and 4785 |
|---|
| 8112 | + | mapping. 4786 |
|---|
| 8113 | + | (d) (1) Not later than October 1, 2024, the School of Public Policy at 4787 |
|---|
| 8114 | + | The University of Connecticut shall submit a preliminary report on such 4788 |
|---|
| 8115 | + | Bill No. |
|---|
| 8116 | + | |
|---|
| 8117 | + | |
|---|
| 8118 | + | |
|---|
| 8119 | + | LCO No. 5697 193 of 350 |
|---|
| 8120 | + | |
|---|
| 8121 | + | study and mapping to the joint standing committee of the General 4789 |
|---|
| 8122 | + | Assembly having cognizance of matters relating to education, in 4790 |
|---|
| 8123 | + | accordance with the provisions of section 11-4a of the general statutes. 4791 |
|---|
| 8124 | + | (2) Not later than June 30, 2025, the School of Public Policy at The 4792 |
|---|
| 8125 | + | University of Connecticut shall submit a final report on such study and 4793 |
|---|
| 8126 | + | mapping to the joint standing committee of the General Assembly 4794 |
|---|
| 8127 | + | having cognizance of matters relating to education, in accordance with 4795 |
|---|
| 8128 | + | the provisions of section 11-4a of the general statutes. Such final report 4796 |
|---|
| 8129 | + | shall include (A) the comprehensive asset and capacity mapping for 4797 |
|---|
| 8130 | + | nonprofit organizations in the state, (B) recommendations, including a 4798 |
|---|
| 8131 | + | model to enhance collaboration among nonprofit organizations to 4799 |
|---|
| 8132 | + | ensure that state investments are addressing gaps in services and not 4800 |
|---|
| 8133 | + | contributing to duplicative efforts or competition among nonprofit 4801 |
|---|
| 8134 | + | organizations, and the extent to which the lack of resources, including 4802 |
|---|
| 8135 | + | budget deficits or other fiscal shortfalls, or state agency policies or 4803 |
|---|
| 8136 | + | regulations impede collaboration and result in the duplication of efforts 4804 |
|---|
| 8137 | + | and services, and (C) guidance on how to use the comprehensive asset 4805 |
|---|
| 8138 | + | and capacity mapping to create a continuum of care document. 4806 |
|---|
| 8139 | + | (3) Not later than June 30, 2025, the School of Public Policy at The 4807 |
|---|
| 8140 | + | University of Connecticut shall make the final report and the 4808 |
|---|
| 8141 | + | comprehensive asset and capacity mapping available on its Internet web 4809 |
|---|
| 8142 | + | site. 4810 |
|---|
| 8143 | + | Sec. 124. Subdivision (19) of section 10-262f of the 2024 supplement to 4811 |
|---|
| 8144 | + | the general statutes is repealed and the following is substituted in lieu 4812 |
|---|
| 8145 | + | thereof (Effective July 1, 2024): 4813 |
|---|
| 8146 | + | (19) "Regional bonus" means, (A) for any town which is a member of 4814 |
|---|
| 8147 | + | a regional school district and has students who attend such regional 4815 |
|---|
| 8148 | + | school district, an amount equal to one hundred dollars for each such 4816 |
|---|
| 8149 | + | student enrolled in the regional school district on October first or the 4817 |
|---|
| 8150 | + | full school day immediately preceding such date for the school year 4818 |
|---|
| 8151 | + | prior to the fiscal year in which the grant is to be paid multiplied by the 4819 |
|---|
| 8152 | + | Bill No. |
|---|
| 8153 | + | |
|---|
| 8154 | + | |
|---|
| 8155 | + | |
|---|
| 8156 | + | LCO No. 5697 194 of 350 |
|---|
| 8157 | + | |
|---|
| 8158 | + | number of grades, kindergarten to grade twelve, inclusive, in the 4820 |
|---|
| 8159 | + | regional school district, [and] (B) for any town which pays tuition for its 4821 |
|---|
| 8160 | + | students to attend an incorporated or endowed high school or academy 4822 |
|---|
| 8161 | + | approved by the State Board of Education pursuant to section 10-34, an 4823 |
|---|
| 8162 | + | amount equal to one hundred dollars for each such student enrolled in 4824 |
|---|
| 8163 | + | an incorporated or endowed high school or academy on October first or 4825 |
|---|
| 8164 | + | the full school day immediately preceding such date for the school year 4826 |
|---|
| 8165 | + | prior to the fiscal year in which the grant is to be paid multiplied by the 4827 |
|---|
| 8166 | + | number of grades for which students attend an incorporated or 4828 |
|---|
| 8167 | + | endowed high school or academy, and (C) for any town with resident 4829 |
|---|
| 8168 | + | students who reside within the territorial boundaries of any of the 4830 |
|---|
| 8169 | + | reservations set aside for the Paucatuck Eastern Pequot tribe or the 4831 |
|---|
| 8170 | + | Schaghticoke tribe or the Golden Hill Paugussett tribe or the 4832 |
|---|
| 8171 | + | Mashantucket Pequot tribe or the Mohegan tribe, an amount equal to 4833 |
|---|
| 8172 | + | one hundred dollars for each such student multiplied by the number of 4834 |
|---|
| 8173 | + | grades, kindergarten to grade twelve, inclusive, in the school district for 4835 |
|---|
| 8174 | + | such town. 4836 |
|---|
| 8175 | + | Sec. 125. (Effective from passage) Not later than September 1, 2024, the 4837 |
|---|
| 8176 | + | Department of Education shall distribute the amount allocated to the 4838 |
|---|
| 8177 | + | department for paraeducator professional development for the fiscal 4839 |
|---|
| 8178 | + | year ending June 30, 2023, from the federal funds designated for the 4840 |
|---|
| 8179 | + | state pursuant to the provisions of Section 602 of Subtitle M of Title IX 4841 |
|---|
| 8180 | + | of the American Rescue Plan Act of 2021, P.L. 117-2, as amended from 4842 |
|---|
| 8181 | + | time to time, to each local or regional board of education, on a pro rata 4843 |
|---|
| 8182 | + | basis for the number of paraeducators employed by such board, to cover 4844 |
|---|
| 8183 | + | the cost of providing professional development and in-service training 4845 |
|---|
| 8184 | + | to paraeducators. 4846 |
|---|
| 8185 | + | Sec. 126. Section 203 of public act 23-204 is repealed and the following 4847 |
|---|
| 8186 | + | is substituted in lieu thereof (Effective July 1, 2024): 4848 |
|---|
| 8187 | + | (a) As used in this section: 4849 |
|---|
| 8188 | + | (1) "Health benefit plan" has the same meaning as provided in section 4850 |
|---|
| 8189 | + | Bill No. |
|---|
| 8190 | + | |
|---|
| 8191 | + | |
|---|
| 8192 | + | |
|---|
| 8193 | + | LCO No. 5697 195 of 350 |
|---|
| 8194 | + | |
|---|
| 8195 | + | 38a-1080 of the general statutes, and 4851 |
|---|
| 8196 | + | (2) "Partnership plan" has the same meaning as provided in section 3-4852 |
|---|
| 8197 | + | 123aaa of the general statutes. 4853 |
|---|
| 8198 | + | (b) For the fiscal [year] years ending June 30, 2024, and June 30, 2025, 4854 |
|---|
| 8199 | + | the Comptroller shall establish a program to provide a subsidy, within 4855 |
|---|
| 8200 | + | available appropriations, to each paraeducator who (1) opens a health 4856 |
|---|
| 8201 | + | savings account, pursuant to Section 223 of the Internal Revenue Code 4857 |
|---|
| 8202 | + | of 1986, or any subsequent corresponding internal revenue code of the 4858 |
|---|
| 8203 | + | United States, as amended from time to time, or is eligible for Medicare 4859 |
|---|
| 8204 | + | and enrolls in a high deductible health plan, and (2) is employed by a 4860 |
|---|
| 8205 | + | local or regional board of education. [, and (3) applies for such program 4861 |
|---|
| 8206 | + | in the form and manner prescribed by the Comptroller.] Such subsidy 4862 |
|---|
| 8207 | + | shall be in an amount up to a certain percentage, as specified by the 4863 |
|---|
| 8208 | + | Comptroller, of the [initial investment made by such paraeducator to 4864 |
|---|
| 8209 | + | open a health savings account,] deductible for the health plan in which 4865 |
|---|
| 8210 | + | such paraeducator is enrolled, minus the amount of any employer 4866 |
|---|
| 8211 | + | contributions to a health savings account or health reimbursement 4867 |
|---|
| 8212 | + | account, and not exceeding an amount specified by the Comptroller. No 4868 |
|---|
| 8213 | + | paraeducator may receive more than one subsidy pursuant to this 4869 |
|---|
| 8214 | + | section. The Comptroller may work with the local or regional board of 4870 |
|---|
| 8215 | + | education that employs such paraeducator to distribute such subsidy. 4871 |
|---|
| 8216 | + | (c) For the fiscal year ending June 30, 2025, the Comptroller shall 4872 |
|---|
| 8217 | + | establish a program to provide a subsidy, from any funds appropriated 4873 |
|---|
| 8218 | + | for such purpose, to each local or regional board of education that 4874 |
|---|
| 8219 | + | provides coverage to paraeducators and their dependents under a 4875 |
|---|
| 8220 | + | health benefit plan or a partnership plan for such fiscal year or any 4876 |
|---|
| 8221 | + | portion thereof. Such subsidy shall be (1) in an amount not more than 4877 |
|---|
| 8222 | + | ten per cent of the aggregate premium cost, inclusive of the employee 4878 |
|---|
| 8223 | + | and employer shares, paid by such board of education for coverage 4879 |
|---|
| 8224 | + | under such health benefit plan or partnership plan, divided by the 4880 |
|---|
| 8225 | + | number of paraeducators employed by such board of education and 4881 |
|---|
| 8226 | + | enrolled in health coverage, and (2) used to offset the employee's share 4882 |
|---|
| 8227 | + | Bill No. |
|---|
| 8228 | + | |
|---|
| 8229 | + | |
|---|
| 8230 | + | |
|---|
| 8231 | + | LCO No. 5697 196 of 350 |
|---|
| 8232 | + | |
|---|
| 8233 | + | of such premium that is deducted from the payroll check of each 4883 |
|---|
| 8234 | + | paraeducator employed by such board of education during any pay 4884 |
|---|
| 8235 | + | period during such fiscal year. The provisions of this subsection shall 4885 |
|---|
| 8236 | + | not apply to a local or regional board of education that provides 4886 |
|---|
| 8237 | + | coverage under a high deductible health plan, as that term is used in 4887 |
|---|
| 8238 | + | subsection (f) of section 38a-520 of the general statutes. 4888 |
|---|
| 8239 | + | (d) The Comptroller and the Commissioner of Education shall enter 4889 |
|---|
| 8240 | + | into a memorandum of understanding, in accordance with the 4890 |
|---|
| 8241 | + | provisions of section 4-97b of the general statutes, to allow the 4891 |
|---|
| 8242 | + | Comptroller to utilize the sum of $5,000,000 that is appropriated to the 4892 |
|---|
| 8243 | + | Department of Education for assistance to paraeducators pursuant to 4893 |
|---|
| 8244 | + | section 1 of public act 23-204 to implement the provisions of this section. 4894 |
|---|
| 8245 | + | Sec. 127. Section 10-357e of the general statutes is repealed and the 4895 |
|---|
| 8246 | + | following is substituted in lieu thereof (Effective July 1, 2024): 4896 |
|---|
| 8247 | + | The Commissioner of Education [may] shall allocate funds to allow 4897 |
|---|
| 8248 | + | the State Education Resource Center, established pursuant to section 10-4898 |
|---|
| 8249 | + | 357a, to provide professional development services, technical assistance 4899 |
|---|
| 8250 | + | and evaluation activities, policy analysis and other forms of assistance 4900 |
|---|
| 8251 | + | to local and regional boards of education, the Department of Education, 4901 |
|---|
| 8252 | + | state and local charter schools, as defined in section 10-66aa, the 4902 |
|---|
| 8253 | + | Technical Education and Career System, established pursuant to section 4903 |
|---|
| 8254 | + | 10-95, providers of school readiness programs, as defined in section 10-4904 |
|---|
| 8255 | + | 16p, and other educational entities and providers. The State Education 4905 |
|---|
| 8256 | + | Resource Center shall expend such funds in accordance with procedures 4906 |
|---|
| 8257 | + | and conditions prescribed by the commissioner. 4907 |
|---|
| 8258 | + | Sec. 128. Section 3-123l of the 2024 supplement to the general statutes 4908 |
|---|
| 8259 | + | is repealed. (Effective from passage) 4909 |
|---|
| 8260 | + | Sec. 129. Section 22a-32 of the general statutes is repealed and the 4910 |
|---|
| 8261 | + | following is substituted in lieu thereof (Effective July 1, 2024): 4911 |
|---|
| 8262 | + | (a) No regulated activity shall be conducted upon any wetland 4912 |
|---|
| 8263 | + | Bill No. |
|---|
| 8264 | + | |
|---|
| 8265 | + | |
|---|
| 8266 | + | |
|---|
| 8267 | + | LCO No. 5697 197 of 350 |
|---|
| 8268 | + | |
|---|
| 8269 | + | without a permit. Any person proposing to conduct or cause to be 4913 |
|---|
| 8270 | + | conducted a regulated activity upon any wetland shall file an 4914 |
|---|
| 8271 | + | application for a permit with the commissioner, in such form and with 4915 |
|---|
| 8272 | + | such information as the commissioner may prescribe. Such application 4916 |
|---|
| 8273 | + | shall include a detailed description of the proposed work and a map 4917 |
|---|
| 8274 | + | showing the area of wetland directly affected, with the location of the 4918 |
|---|
| 8275 | + | proposed work thereon, together with the names of the owners of record 4919 |
|---|
| 8276 | + | of adjacent land and known claimants of water rights in or adjacent to 4920 |
|---|
| 8277 | + | the wetland of whom the applicant has notice. The commissioner shall 4921 |
|---|
| 8278 | + | cause a copy of such application to be mailed or sent by electronic means 4922 |
|---|
| 8279 | + | to the chief administrative officer in the town or towns where the 4923 |
|---|
| 8280 | + | proposed work, or any part thereof, is located, and the [chairman] 4924 |
|---|
| 8281 | + | chairperson of the conservation commission and shellfish commission 4925 |
|---|
| 8282 | + | of the town or towns where the proposed work, or any part thereof, is 4926 |
|---|
| 8283 | + | located. The commissioner or the commissioner's duly designated 4927 |
|---|
| 8284 | + | hearing officer shall hold a public hearing on such application, 4928 |
|---|
| 8285 | + | provided, whenever the commissioner determines that the regulated 4929 |
|---|
| 8286 | + | activity for which a permit is sought is not likely to have a significant 4930 |
|---|
| 8287 | + | impact on the wetland, the commissioner may waive the requirement 4931 |
|---|
| 8288 | + | for public hearing after publishing notice, in a newspaper having 4932 |
|---|
| 8289 | + | general circulation in each town wherever the proposed work or any 4933 |
|---|
| 8290 | + | part thereof is located, of the commissioner's intent to waive said 4934 |
|---|
| 8291 | + | requirement and of the commissioner's tentative decision regarding the 4935 |
|---|
| 8292 | + | application, except that the commissioner shall hold a hearing on such 4936 |
|---|
| 8293 | + | application upon request of the applicant or upon receipt of a petition, 4937 |
|---|
| 8294 | + | signed by at least twenty-five persons, requesting such a hearing, unless 4938 |
|---|
| 8295 | + | the provisions of subdivision (1) of subsection (b) of this section apply. 4939 |
|---|
| 8296 | + | The following shall be notified of the hearing by mail or by electronic 4940 |
|---|
| 8297 | + | means not less than fifteen days prior to the date set for the hearing: All 4941 |
|---|
| 8298 | + | of those persons and agencies who are entitled to receive a copy of such 4942 |
|---|
| 8299 | + | application in accordance with the terms [hereof] of this subsection and 4943 |
|---|
| 8300 | + | all owners of record of adjacent land and known claimants to water 4944 |
|---|
| 8301 | + | rights in or adjacent to the wetland of whom the applicant has notice. 4945 |
|---|
| 8302 | + | The commissioner shall cause notice of the commissioner's tentative 4946 |
|---|
| 8303 | + | Bill No. |
|---|
| 8304 | + | |
|---|
| 8305 | + | |
|---|
| 8306 | + | |
|---|
| 8307 | + | LCO No. 5697 198 of 350 |
|---|
| 8308 | + | |
|---|
| 8309 | + | decision regarding the application and such hearing to be published at 4947 |
|---|
| 8310 | + | least once not more than thirty days and not fewer than ten days before 4948 |
|---|
| 8311 | + | the date set for the hearing in the newspaper having a general 4949 |
|---|
| 8312 | + | circulation in each town where the proposed work, or any part thereof, 4950 |
|---|
| 8313 | + | is located. All applications and maps and documents relating thereto 4951 |
|---|
| 8314 | + | shall be open for public inspection at the office of the commissioner. At 4952 |
|---|
| 8315 | + | such hearing, any person or persons may appear and be heard. 4953 |
|---|
| 8316 | + | (b) (1) The commissioner shall not be required to hold a public 4954 |
|---|
| 8317 | + | hearing on such application upon receipt of a petition, signed by at least 4955 |
|---|
| 8318 | + | twenty-five persons, if (A) the regulated activity is a transportation 4956 |
|---|
| 8319 | + | capital project, but not a project located at an airport, as defined in 4957 |
|---|
| 8320 | + | section 15-34, (B) the federal government requires public participation 4958 |
|---|
| 8321 | + | regarding such regulated activity, (C) the person proposing to conduct 4959 |
|---|
| 8322 | + | or cause to be conducted such regulated activity sought public input on 4960 |
|---|
| 8323 | + | such regulated activity by implementing a plan approved by an agency 4961 |
|---|
| 8324 | + | of the federal government, and (D) such person submits to the 4962 |
|---|
| 8325 | + | commissioner a copy of the approved plan for public participation, a 4963 |
|---|
| 8326 | + | written summary of the opportunities for public participation that were 4964 |
|---|
| 8327 | + | provided and a copy or record of any comments received regarding 4965 |
|---|
| 8328 | + | such regulated activity and how such comments were responded to or 4966 |
|---|
| 8329 | + | addressed, unless the provisions of subdivision (2) of this subsection 4967 |
|---|
| 8330 | + | apply. 4968 |
|---|
| 8331 | + | (2) The commissioner shall hold a hearing on such application upon 4969 |
|---|
| 8332 | + | receipt of a petition, signed by at least twenty-five persons, that sets 4970 |
|---|
| 8333 | + | forth specific facts that demonstrate that the legal rights, duties or 4971 |
|---|
| 8334 | + | privileges of at least one person who signed the petition will be, or may 4972 |
|---|
| 8335 | + | reasonably be expected to be, affected by such regulated activity, or that 4973 |
|---|
| 8336 | + | alleges that the regulated activity involves conduct which has, or which 4974 |
|---|
| 8337 | + | is reasonably likely to have, the effect of unreasonably polluting, 4975 |
|---|
| 8338 | + | impairing or destroying the public trust in the air, water or other natural 4976 |
|---|
| 8339 | + | resources of the state. Any such petition shall identify the relevant 4977 |
|---|
| 8340 | + | statutory or regulatory provision which the petitioners claim such 4978 |
|---|
| 8341 | + | proposed regulated activity does not satisfy. The commissioner shall 4979 |
|---|
| 8342 | + | Bill No. |
|---|
| 8343 | + | |
|---|
| 8344 | + | |
|---|
| 8345 | + | |
|---|
| 8346 | + | LCO No. 5697 199 of 350 |
|---|
| 8347 | + | |
|---|
| 8348 | + | provide a copy of any such petition received to the person proposing to 4980 |
|---|
| 8349 | + | conduct or cause to be conducted such regulated activity, who, not more 4981 |
|---|
| 8350 | + | than seven business days after receipt of such petition, may object to 4982 |
|---|
| 8351 | + | such petition on the basis that the petition does not contain the specific 4983 |
|---|
| 8352 | + | factual demonstration required by this subdivision. The commissioner 4984 |
|---|
| 8353 | + | shall determine whether the petition satisfies the requirements of this 4985 |
|---|
| 8354 | + | subdivision and shall send notice of such determination, in writing, to 4986 |
|---|
| 8355 | + | the person proposing to conduct or cause to be conducted such 4987 |
|---|
| 8356 | + | regulated activity and the person who submitted the petition. 4988 |
|---|
| 8357 | + | Sec. 130. Subsection (k) of section 22a-39 of the general statutes is 4989 |
|---|
| 8358 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 4990 |
|---|
| 8359 | + | 2024): 4991 |
|---|
| 8360 | + | (k) (1) Conduct a public hearing no sooner than thirty days and not 4992 |
|---|
| 8361 | + | later than sixty days following the receipt by said commissioner of any 4993 |
|---|
| 8362 | + | inland wetlands application, provided whenever the commissioner 4994 |
|---|
| 8363 | + | determines that the regulated activity for which a permit is sought is not 4995 |
|---|
| 8364 | + | likely to have a significant impact on the wetland or watercourse, [he] 4996 |
|---|
| 8365 | + | the commissioner may waive the requirement for public hearing after 4997 |
|---|
| 8366 | + | [(1)] (A) publishing notice, in a newspaper having general circulation in 4998 |
|---|
| 8367 | + | each town wherever the proposed work or any part thereof is located, 4999 |
|---|
| 8368 | + | of [his] the commissioner's intent to waive said requirement, and [(2)] 5000 |
|---|
| 8369 | + | (B) mailing or providing by electronic means notice of such intent to the 5001 |
|---|
| 8370 | + | chief administrative officer in the town or towns where the proposed 5002 |
|---|
| 8371 | + | work, or any part thereof, is located, and the [chairman] chairperson of 5003 |
|---|
| 8372 | + | the conservation commission and inland wetlands agency of each such 5004 |
|---|
| 8373 | + | town or towns, except that the commissioner shall hold a hearing on 5005 |
|---|
| 8374 | + | such application upon receipt, not later than thirty days after such notice 5006 |
|---|
| 8375 | + | has been published, sent or mailed, of a petition signed by at least 5007 |
|---|
| 8376 | + | twenty-five persons requesting such a hearing, unless the provisions of 5008 |
|---|
| 8377 | + | subdivision (2) of this subsection apply. The commissioner shall [(A)] (i) 5009 |
|---|
| 8378 | + | publish notice of such hearing at least once not more than thirty days 5010 |
|---|
| 8379 | + | and not fewer than ten days before the date set for the hearing in a 5011 |
|---|
| 8380 | + | newspaper having a general circulation in each town where the 5012 |
|---|
| 8381 | + | Bill No. |
|---|
| 8382 | + | |
|---|
| 8383 | + | |
|---|
| 8384 | + | |
|---|
| 8385 | + | LCO No. 5697 200 of 350 |
|---|
| 8386 | + | |
|---|
| 8387 | + | proposed work, or any part thereof, is located, and [(B)] (ii) mail or 5013 |
|---|
| 8388 | + | provide by electronic means notice of such hearing to the chief 5014 |
|---|
| 8389 | + | administrative officer in the town or towns where the proposed work, 5015 |
|---|
| 8390 | + | or any part thereof, is located, and the chairman of the conservation 5016 |
|---|
| 8391 | + | commission and inland wetlands agency of each such town or towns. 5017 |
|---|
| 8392 | + | All applications and maps and documents relating thereto shall be open 5018 |
|---|
| 8393 | + | for public inspection at the office of the commissioner. The 5019 |
|---|
| 8394 | + | commissioner shall state upon [his] the commissioner's records [his] the 5020 |
|---|
| 8395 | + | commissioner's findings and reasons for the action taken. 5021 |
|---|
| 8396 | + | (2) The commissioner shall not be required to hold a public hearing 5022 |
|---|
| 8397 | + | on such application upon receipt of a petition, signed by at least twenty-5023 |
|---|
| 8398 | + | five persons, if (A) the regulated activity is a transportation capital 5024 |
|---|
| 8399 | + | project, but not a project located at an airport, as defined in section 15-5025 |
|---|
| 8400 | + | 34, (B) the federal government requires public participation regarding 5026 |
|---|
| 8401 | + | such regulated activity, (C) the person proposing to conduct or cause to 5027 |
|---|
| 8402 | + | be conducted such regulated activity sought public input on such 5028 |
|---|
| 8403 | + | regulated activity by implementing a plan approved by an agency of the 5029 |
|---|
| 8404 | + | federal government, and (D) such person submits to the commissioner 5030 |
|---|
| 8405 | + | a copy of the approved plan for public participation, a written summary 5031 |
|---|
| 8406 | + | of the opportunities for public participation that were provided and a 5032 |
|---|
| 8407 | + | copy or record of any comments received regarding such regulated 5033 |
|---|
| 8408 | + | activity and how such comments were responded to or addressed, 5034 |
|---|
| 8409 | + | unless the provisions of subdivision (3) of this subsection apply. 5035 |
|---|
| 8410 | + | (3) The commissioner shall hold a hearing upon receipt of a petition, 5036 |
|---|
| 8411 | + | signed by at least twenty-five persons, that sets forth specific facts that 5037 |
|---|
| 8412 | + | demonstrate that the legal rights, duties or privileges of at least one 5038 |
|---|
| 8413 | + | person who signed the petition will be, or may reasonably be expected 5039 |
|---|
| 8414 | + | to be, affected by such regulated activity, or that alleges that the 5040 |
|---|
| 8415 | + | regulated activity involves conduct that has, or which is reasonably 5041 |
|---|
| 8416 | + | likely to have, the effect of unreasonably polluting, impairing or 5042 |
|---|
| 8417 | + | destroying the public trust in the air, water or other natural resources of 5043 |
|---|
| 8418 | + | the state. Any such petition shall identify the relevant statutory or 5044 |
|---|
| 8419 | + | regulatory provision which the petitioners claim such proposed 5045 |
|---|
| 8420 | + | Bill No. |
|---|
| 8421 | + | |
|---|
| 8422 | + | |
|---|
| 8423 | + | |
|---|
| 8424 | + | LCO No. 5697 201 of 350 |
|---|
| 8425 | + | |
|---|
| 8426 | + | regulated activity does not satisfy. The commissioner shall provide a 5046 |
|---|
| 8427 | + | copy of any such petition received to the person proposing to conduct 5047 |
|---|
| 8428 | + | or cause to be conducted such regulated activity, who, not more than 5048 |
|---|
| 8429 | + | seven business days after receipt of such petition, may object to such 5049 |
|---|
| 8430 | + | petition on the basis that the petition does not contain the specific factual 5050 |
|---|
| 8431 | + | demonstration required by this subdivision. The commissioner shall 5051 |
|---|
| 8432 | + | determine whether the petition satisfies the requirements of this 5052 |
|---|
| 8433 | + | subdivision and shall send notice of such determination, in writing, to 5053 |
|---|
| 8434 | + | the person proposing to conduct or cause to be conducted such 5054 |
|---|
| 8435 | + | regulated activity and the person who submitted the petition; 5055 |
|---|
| 8436 | + | Sec. 131. Subsection (b) of section 22a-361 of the general statutes is 5056 |
|---|
| 8437 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 5057 |
|---|
| 8438 | + | 2024): 5058 |
|---|
| 8439 | + | (b) (1) The commissioner, at least thirty days before approving or 5059 |
|---|
| 8440 | + | denying an application for a permit, shall provide or require the 5060 |
|---|
| 8441 | + | applicant to provide notice by certified mail, return receipt requested, 5061 |
|---|
| 8442 | + | or by electronic means to the applicant, to the Connecticut Port 5062 |
|---|
| 8443 | + | Authority, as appropriate, the Attorney General and the Commissioner 5063 |
|---|
| 8444 | + | of Agriculture and to the chief executive officer, the [chairmen] 5064 |
|---|
| 8445 | + | chairpersons of the planning, zoning, harbor management and shellfish 5065 |
|---|
| 8446 | + | commissions of each town in which such structure, fill, obstruction, 5066 |
|---|
| 8447 | + | encroachment or dredging is to be located or work to be performed, and 5067 |
|---|
| 8448 | + | to the owner of each franchised oyster ground and the lessee of each 5068 |
|---|
| 8449 | + | leased oyster ground within which such work is to be performed and 5069 |
|---|
| 8450 | + | shall publish such notice once in a newspaper having a substantial 5070 |
|---|
| 8451 | + | circulation in the area affected. Such notice shall contain [(1)] (A) the 5071 |
|---|
| 8452 | + | name of the applicant; [(2)] (B) the location and nature of the proposed 5072 |
|---|
| 8453 | + | activities; [(3)] (C) the tentative decision regarding the application; and 5073 |
|---|
| 8454 | + | [(4)] (D) any additional information the commissioner deems necessary. 5074 |
|---|
| 8455 | + | There shall be a comment period following the public notice during 5075 |
|---|
| 8456 | + | which interested persons may submit written comments. The 5076 |
|---|
| 8457 | + | commissioner may hold a public hearing prior to approving or denying 5077 |
|---|
| 8458 | + | an application if, in the commissioner's discretion, the public interest 5078 |
|---|
| 8459 | + | Bill No. |
|---|
| 8460 | + | |
|---|
| 8461 | + | |
|---|
| 8462 | + | |
|---|
| 8463 | + | LCO No. 5697 202 of 350 |
|---|
| 8464 | + | |
|---|
| 8465 | + | will best be served by holding such hearing. The commissioner shall 5079 |
|---|
| 8466 | + | hold a public hearing if the commissioner receives: [(A)] (i) A written 5080 |
|---|
| 8467 | + | request for such public hearing from the applicant, or [(B)] (ii) a petition, 5081 |
|---|
| 8468 | + | signed by twenty-five or more persons requesting such public hearing 5082 |
|---|
| 8469 | + | on an application, unless the provisions of subdivision (2) of this 5083 |
|---|
| 8470 | + | subsection apply. Following such notice and comment period and 5084 |
|---|
| 8471 | + | public hearing, if applicable, the commissioner may, in whole or in part, 5085 |
|---|
| 8472 | + | approve, modify and approve or deny the application. The 5086 |
|---|
| 8473 | + | commissioner shall provide to the applicant and the persons set forth 5087 |
|---|
| 8474 | + | above, by certified mail, return receipt requested, or by electronic 5088 |
|---|
| 8475 | + | means, notice of the commissioner's decision. If the commissioner 5089 |
|---|
| 8476 | + | requires the applicant to provide the notice specified in this [subsection] 5090 |
|---|
| 8477 | + | subdivision, the applicant shall certify to the commissioner, not later 5091 |
|---|
| 8478 | + | than twenty days after providing such notice, that such notice has been 5092 |
|---|
| 8479 | + | provided in accordance with this [subsection] subdivision. Any person 5093 |
|---|
| 8480 | + | who is aggrieved by the commissioner's final decision on such 5094 |
|---|
| 8481 | + | application may appeal such decision to the Superior Court in 5095 |
|---|
| 8482 | + | accordance with section 4-183. 5096 |
|---|
| 8483 | + | (2) The commissioner shall not be required to hold a public hearing 5097 |
|---|
| 8484 | + | on such application upon receipt of a petition, signed by at least twenty-5098 |
|---|
| 8485 | + | five persons, if (A) the proposed activity is a transportation capital 5099 |
|---|
| 8486 | + | project, but not a project located at an airport, as defined in section 15-5100 |
|---|
| 8487 | + | 34, (B) the federal government requires public participation regarding 5101 |
|---|
| 8488 | + | such activity, (C) the person proposing to conduct or cause to be 5102 |
|---|
| 8489 | + | conducted such activity sought public input on such activity by 5103 |
|---|
| 8490 | + | implementing a plan approved by an agency of the federal government, 5104 |
|---|
| 8491 | + | and (D) such person submits to the commissioner a copy of the 5105 |
|---|
| 8492 | + | approved plan for public participation, a written summary of the 5106 |
|---|
| 8493 | + | opportunities for public participation that were provided and a copy or 5107 |
|---|
| 8494 | + | record of any comments received regarding such activity and how such 5108 |
|---|
| 8495 | + | comments were responded to or addressed, unless the provisions of 5109 |
|---|
| 8496 | + | subdivision (3) of this subsection apply. 5110 |
|---|
| 8497 | + | (3) The commissioner shall hold a hearing upon receipt of a petition, 5111 |
|---|
| 8498 | + | Bill No. |
|---|
| 8499 | + | |
|---|
| 8500 | + | |
|---|
| 8501 | + | |
|---|
| 8502 | + | LCO No. 5697 203 of 350 |
|---|
| 8503 | + | |
|---|
| 8504 | + | signed by at least twenty-five persons, that sets forth specific facts that 5112 |
|---|
| 8505 | + | demonstrate that the legal rights, duties or privileges of at least one 5113 |
|---|
| 8506 | + | person who signed the petition will be, or may reasonably be expected 5114 |
|---|
| 8507 | + | to be, affected by such activity, or that alleges that the activity involves 5115 |
|---|
| 8508 | + | conduct which has, or which is reasonably likely to have, the effect of 5116 |
|---|
| 8509 | + | unreasonably polluting, impairing or destroying the public trust in the 5117 |
|---|
| 8510 | + | air, water or other natural resources of the state. Any such petition shall 5118 |
|---|
| 8511 | + | identify the relevant statutory or regulatory provision that the 5119 |
|---|
| 8512 | + | petitioners claim such activity does not satisfy. The commissioner shall 5120 |
|---|
| 8513 | + | provide a copy of any such petition received to the person proposing to 5121 |
|---|
| 8514 | + | conduct or cause to be conducted such activity, who, not more than 5122 |
|---|
| 8515 | + | seven business days after receipt of such petition, may object to such 5123 |
|---|
| 8516 | + | petition on the basis that the petition does not contain the specific factual 5124 |
|---|
| 8517 | + | demonstration required by this subdivision. The commissioner shall 5125 |
|---|
| 8518 | + | determine whether the petition satisfies the requirements of this 5126 |
|---|
| 8519 | + | subdivision and shall send notice of such determination, in writing, to 5127 |
|---|
| 8520 | + | the person proposing to conduct or cause to be conducted such activity 5128 |
|---|
| 8521 | + | and the person who submitted the petition. 5129 |
|---|
| 8522 | + | Sec. 132. Subsection (d) of section 25-68d of the general statutes is 5130 |
|---|
| 8523 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 5131 |
|---|
| 8524 | + | 2024): 5132 |
|---|
| 8525 | + | (d) (1) Any state agency proposing an activity or critical activity 5133 |
|---|
| 8526 | + | within or affecting the floodplain may apply to the commissioner for 5134 |
|---|
| 8527 | + | exemption from the provisions of subsection (b) of this section. Such 5135 |
|---|
| 8528 | + | application shall include a statement of the reasons why such agency is 5136 |
|---|
| 8529 | + | unable to comply with said subsection and any other information the 5137 |
|---|
| 8530 | + | commissioner deems necessary. The commissioner, at least thirty days 5138 |
|---|
| 8531 | + | before approving, approving with conditions or denying any such 5139 |
|---|
| 8532 | + | application, shall publish once in a newspaper having a substantial 5140 |
|---|
| 8533 | + | circulation in the affected area notice of: [(1)] (A) The name of the 5141 |
|---|
| 8534 | + | applicant; [(2)] (B) the location and nature of the requested exemption; 5142 |
|---|
| 8535 | + | [(3)] (C) the tentative decision on the application; and [(4)] (D) additional 5143 |
|---|
| 8536 | + | information the commissioner deems necessary to support the decision 5144 |
|---|
| 8537 | + | Bill No. |
|---|
| 8538 | + | |
|---|
| 8539 | + | |
|---|
| 8540 | + | |
|---|
| 8541 | + | LCO No. 5697 204 of 350 |
|---|
| 8542 | + | |
|---|
| 8543 | + | to approve, approve with conditions or deny the application. There shall 5145 |
|---|
| 8544 | + | be a comment period following the public notice during which period 5146 |
|---|
| 8545 | + | interested persons and municipalities may submit written comments. 5147 |
|---|
| 8546 | + | After the comment period, the commissioner shall make a final 5148 |
|---|
| 8547 | + | determination to either approve the application, approve the 5149 |
|---|
| 8548 | + | application with conditions or deny the application. 5150 |
|---|
| 8549 | + | (2) The commissioner may hold a public hearing prior to approving, 5151 |
|---|
| 8550 | + | approving with conditions or denying any application if in the 5152 |
|---|
| 8551 | + | discretion of the commissioner the public interest will be best served 5153 |
|---|
| 8552 | + | thereby, and the commissioner shall hold a public hearing upon receipt 5154 |
|---|
| 8553 | + | of a petition signed by at least twenty-five persons, unless the provisions 5155 |
|---|
| 8554 | + | in subdivision (3) of this subsection apply. Notice of such hearing shall 5156 |
|---|
| 8555 | + | be published at least thirty days before the hearing in a newspaper 5157 |
|---|
| 8556 | + | having a substantial circulation in the area affected. The commissioner 5158 |
|---|
| 8557 | + | may approve or approve with conditions such exemption if the 5159 |
|---|
| 8558 | + | commissioner determines that (A) the agency has shown that the 5160 |
|---|
| 8559 | + | activity or critical activity is in the public interest, will not injure persons 5161 |
|---|
| 8560 | + | or damage property in the area of such activity or critical activity, 5162 |
|---|
| 8561 | + | complies with the provisions of the National Flood Insurance Program, 5163 |
|---|
| 8562 | + | and, in the case of a loan or grant, the recipient of the loan or grant has 5164 |
|---|
| 8563 | + | been informed that increased flood insurance premiums may result 5165 |
|---|
| 8564 | + | from the activity or critical activity. An activity shall be considered to be 5166 |
|---|
| 8565 | + | in the public interest if it is a development subject to environmental 5167 |
|---|
| 8566 | + | remediation regulations adopted pursuant to section 22a-133k and is in 5168 |
|---|
| 8567 | + | or adjacent to an area identified as a regional center, neighborhood 5169 |
|---|
| 8568 | + | conservation area, growth area or rural community center in the state 5170 |
|---|
| 8569 | + | plan of conservation and development pursuant to chapter 297, or (B) in 5171 |
|---|
| 8570 | + | the case of a flood control project, such project meets the criteria of 5172 |
|---|
| 8571 | + | subparagraph (A) of this subdivision and is more cost-effective to the 5173 |
|---|
| 8572 | + | state and municipalities than a project constructed to or above the base 5174 |
|---|
| 8573 | + | flood or base flood for a critical activity. Following approval for 5175 |
|---|
| 8574 | + | exemption for a flood control project, the commissioner shall provide 5176 |
|---|
| 8575 | + | notice of the hazards of a flood greater than the capacity of the project 5177 |
|---|
| 8576 | + | Bill No. |
|---|
| 8577 | + | |
|---|
| 8578 | + | |
|---|
| 8579 | + | |
|---|
| 8580 | + | LCO No. 5697 205 of 350 |
|---|
| 8581 | + | |
|---|
| 8582 | + | design to each member of the legislature whose district will be affected 5178 |
|---|
| 8583 | + | by the project and to the following agencies and officials in the area to 5179 |
|---|
| 8584 | + | be protected by the project: The planning and zoning commission, the 5180 |
|---|
| 8585 | + | inland wetlands agency, the director of civil defense, the conservation 5181 |
|---|
| 8586 | + | commission, the fire department, the police department, the chief 5182 |
|---|
| 8587 | + | elected official and each member of the legislative body, and the 5183 |
|---|
| 8588 | + | regional council of governments. Notice shall be given to the general 5184 |
|---|
| 8589 | + | public by publication in a newspaper of general circulation in each 5185 |
|---|
| 8590 | + | municipality in the area in which the project is to be located. 5186 |
|---|
| 8591 | + | (3) The commissioner shall not be required to hold a public hearing 5187 |
|---|
| 8592 | + | on such application upon receipt of a petition, signed by at least twenty-5188 |
|---|
| 8593 | + | five persons, if (A) the activity or critical activity is a transportation 5189 |
|---|
| 8594 | + | capital project, but not a project located at an airport, as defined in 5190 |
|---|
| 8595 | + | section 15-34, (B) the federal government requires public participation 5191 |
|---|
| 8596 | + | regarding such activity or critical activity, (C) the state agency 5192 |
|---|
| 8597 | + | proposing to conduct or cause to be conducted such activity or critical 5193 |
|---|
| 8598 | + | activity sought public input on such activity or critical activity by 5194 |
|---|
| 8599 | + | implementing a plan approved by an agency of the federal government, 5195 |
|---|
| 8600 | + | and (D) such state agency submits to the commissioner a copy of the 5196 |
|---|
| 8601 | + | approved plan for public participation, a written summary of the 5197 |
|---|
| 8602 | + | opportunities for public participation that were provided and a copy or 5198 |
|---|
| 8603 | + | record of any comments received regarding such activity or critical 5199 |
|---|
| 8604 | + | activity and how such comments were responded to or addressed, 5200 |
|---|
| 8605 | + | unless the provisions of subdivision (4) of this subsection apply. 5201 |
|---|
| 8606 | + | (4) The commissioner shall hold a hearing upon receipt of a petition, 5202 |
|---|
| 8607 | + | signed by at least twenty-five persons, that sets forth specific facts that 5203 |
|---|
| 8608 | + | demonstrate that the legal rights, duties or privileges of at least one 5204 |
|---|
| 8609 | + | person who signed the petition will be, or may reasonably be expected 5205 |
|---|
| 8610 | + | to be, affected by such activity or critical activity, or that alleges that the 5206 |
|---|
| 8611 | + | activity or critical activity involves conduct which has, or which is 5207 |
|---|
| 8612 | + | reasonably likely to have, the effect of unreasonably polluting, 5208 |
|---|
| 8613 | + | impairing or destroying the public trust in the air, water or other natural 5209 |
|---|
| 8614 | + | resources of the state. Any such petition shall identify the relevant 5210 |
|---|
| 8615 | + | Bill No. |
|---|
| 8616 | + | |
|---|
| 8617 | + | |
|---|
| 8618 | + | |
|---|
| 8619 | + | LCO No. 5697 206 of 350 |
|---|
| 8620 | + | |
|---|
| 8621 | + | statutory or regulatory provision with which petitioners claim such 5211 |
|---|
| 8622 | + | activity or critical activity does not satisfy. The commissioner shall 5212 |
|---|
| 8623 | + | provide a copy of any such petition received to the state agency. Not 5213 |
|---|
| 8624 | + | more than seven business days after receipt of such petition, the state 5214 |
|---|
| 8625 | + | agency may object to such petition on the basis that the petition does not 5215 |
|---|
| 8626 | + | contain the specific factual demonstration required by this subdivision. 5216 |
|---|
| 8627 | + | The commissioner shall determine whether the petition satisfies the 5217 |
|---|
| 8628 | + | requirements of this subdivision and shall send notice of such 5218 |
|---|
| 8629 | + | determination, in writing, to the state agency and the person who 5219 |
|---|
| 8630 | + | submitted the petition. 5220 |
|---|
| 8631 | + | Sec. 133. Subsection (d) of section 10-357a of the general statutes is 5221 |
|---|
| 8632 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 5222 |
|---|
| 8633 | + | 2024): 5223 |
|---|
| 8634 | + | (d) (1) Members shall receive no compensation for their services but 5224 |
|---|
| 8635 | + | shall be entitled to reimbursement for such members' actual and 5225 |
|---|
| 8636 | + | necessary expenses incurred during the performance of such members' 5226 |
|---|
| 8637 | + | official duties. 5227 |
|---|
| 8638 | + | (2) A member of the board whose nomination to the board is 5228 |
|---|
| 8639 | + | confirmed by both houses of the General Assembly and who is not 5229 |
|---|
| 8640 | + | otherwise eligible to participate in the group hospitalization and 5230 |
|---|
| 8641 | + | medical and surgical insurance plan established pursuant to subsection 5231 |
|---|
| 8642 | + | (a) of section 5-259 may elect to participate in such plan. Each member 5232 |
|---|
| 8643 | + | who elects such coverage shall pay the same percentage of the premium 5233 |
|---|
| 8644 | + | as paid by a state employee for the form of coverage elected under such 5234 |
|---|
| 8645 | + | plan. The center shall reimburse the appropriate state agency for the 5235 |
|---|
| 8646 | + | remainder of the premium and any other costs incurred due to the 5236 |
|---|
| 8647 | + | member's participation. 5237 |
|---|
| 8648 | + | (3) Members may engage in private employment, or in a profession 5238 |
|---|
| 8649 | + | or business, subject to any applicable laws, rules and regulations of the 5239 |
|---|
| 8650 | + | state regarding official ethics or conflict of interest. It shall not constitute 5240 |
|---|
| 8651 | + | a conflict of interest for a trustee, director, partner or officer of any 5241 |
|---|
| 8652 | + | Bill No. |
|---|
| 8653 | + | |
|---|
| 8654 | + | |
|---|
| 8655 | + | |
|---|
| 8656 | + | LCO No. 5697 207 of 350 |
|---|
| 8657 | + | |
|---|
| 8658 | + | person, firm or corporation, or any individual having a financial interest 5242 |
|---|
| 8659 | + | in a person, firm or corporation, to serve as a member of the board of 5243 |
|---|
| 8660 | + | directors of the center, provided such trustee, director, partner, officer 5244 |
|---|
| 8661 | + | or individual shall comply with all applicable provisions of chapter 10. 5245 |
|---|
| 8662 | + | Sec. 134. Subsection (c) of section 12-802 of the general statutes is 5246 |
|---|
| 8663 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 5247 |
|---|
| 8664 | + | 2024): 5248 |
|---|
| 8665 | + | (c) The chairperson of the board shall be appointed by the Governor 5249 |
|---|
| 8666 | + | from among the members of the board. The directors shall annually elect 5250 |
|---|
| 8667 | + | one of their number as vice chairperson. The board may elect such other 5251 |
|---|
| 8668 | + | officers of the board as it deems proper. Directors shall receive no 5252 |
|---|
| 8669 | + | compensation for the performance of their duties under sections 12-563a 5253 |
|---|
| 8670 | + | and 12-800 to 12-818, inclusive, but shall be reimbursed for necessary 5254 |
|---|
| 8671 | + | expenses incurred in the performance of their duties. A director whose 5255 |
|---|
| 8672 | + | nomination to the board is confirmed by both houses of the General 5256 |
|---|
| 8673 | + | Assembly and is not otherwise eligible to participate in the group 5257 |
|---|
| 8674 | + | hospitalization and medical and surgical insurance plan established 5258 |
|---|
| 8675 | + | pursuant to subsection (a) of section 5-259 may elect to participate in 5259 |
|---|
| 8676 | + | such plan. Each director who elects such coverage shall pay the same 5260 |
|---|
| 8677 | + | percentage of the premium as paid by a state employee for the form of 5261 |
|---|
| 8678 | + | coverage elected under such plan. The corporation shall reimburse the 5262 |
|---|
| 8679 | + | appropriate state agency for the remainder of the premium and any 5263 |
|---|
| 8680 | + | other costs incurred due to the director's participation. 5264 |
|---|
| 8681 | + | Sec. 135. Subsection (e) of section 15-31a of the general statutes is 5265 |
|---|
| 8682 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 5266 |
|---|
| 8683 | + | 2024): 5267 |
|---|
| 8684 | + | (e) Each member of the board of directors shall serve without 5268 |
|---|
| 8685 | + | compensation, but shall be reimbursed for such member's actual and 5269 |
|---|
| 8686 | + | necessary expenses incurred during the performance of such member's 5270 |
|---|
| 8687 | + | official duties. A member who is not serving ex officio and is not 5271 |
|---|
| 8688 | + | otherwise eligible to participate in the group hospitalization and 5272 |
|---|
| 8689 | + | Bill No. |
|---|
| 8690 | + | |
|---|
| 8691 | + | |
|---|
| 8692 | + | |
|---|
| 8693 | + | LCO No. 5697 208 of 350 |
|---|
| 8694 | + | |
|---|
| 8695 | + | medical and surgical insurance plan established pursuant to subsection 5273 |
|---|
| 8696 | + | (a) of section 5-259 may elect to participate in such plan. Each member 5274 |
|---|
| 8697 | + | who elects such coverage shall pay the same percentage of the premium 5275 |
|---|
| 8698 | + | as paid by a state employee for the form of coverage elected under such 5276 |
|---|
| 8699 | + | plan. The authority shall reimburse the appropriate state agency for the 5277 |
|---|
| 8700 | + | remainder of the premium and any other costs incurred due to the 5278 |
|---|
| 8701 | + | member's participation. 5279 |
|---|
| 8702 | + | Sec. 136. Subsection (e) of section 15-120bb of the 2024 supplement to 5280 |
|---|
| 8703 | + | the general statutes is repealed and the following is substituted in lieu 5281 |
|---|
| 8704 | + | thereof (Effective July 1, 2024): 5282 |
|---|
| 8705 | + | (e) Each director shall be entitled to reimbursement for such director's 5283 |
|---|
| 8706 | + | actual and necessary expenses incurred during the performance of such 5284 |
|---|
| 8707 | + | director's official duties. A director who is not otherwise eligible to 5285 |
|---|
| 8708 | + | participate in the group hospitalization and medical and surgical 5286 |
|---|
| 8709 | + | insurance plan established pursuant to subsection (a) of section 5-259 5287 |
|---|
| 8710 | + | may elect to participate in such plan. Each director who elects such 5288 |
|---|
| 8711 | + | coverage shall pay the same percentage of the premium as paid by a 5289 |
|---|
| 8712 | + | state employee for the form of coverage elected under such plan. The 5290 |
|---|
| 8713 | + | authority shall reimburse the appropriate state agency for the remainder 5291 |
|---|
| 8714 | + | of the premium and any other costs incurred due to the director's 5292 |
|---|
| 8715 | + | participation. 5293 |
|---|
| 8716 | + | Sec. 137. Section 3-22e of the general statutes is repealed and the 5294 |
|---|
| 8717 | + | following is substituted in lieu thereof (Effective from passage): 5295 |
|---|
| 8718 | + | (a) There is established a Connecticut Higher Education Trust 5296 |
|---|
| 8719 | + | Advisory Committee which shall consist of the State Treasurer, the 5297 |
|---|
| 8720 | + | [executive director of the Office] Commissioner of Higher Education, 5298 |
|---|
| 8721 | + | the Secretary of the Office of Policy and Management and the 5299 |
|---|
| 8722 | + | cochairpersons and ranking members of the joint standing committees 5300 |
|---|
| 8723 | + | of the General Assembly having cognizance of matters relating to 5301 |
|---|
| 8724 | + | education and finance, revenue and bonding, or their designees, and 5302 |
|---|
| 8725 | + | one student financial aid officer and one finance officer at a public 5303 |
|---|
| 8726 | + | Bill No. |
|---|
| 8727 | + | |
|---|
| 8728 | + | |
|---|
| 8729 | + | |
|---|
| 8730 | + | LCO No. 5697 209 of 350 |
|---|
| 8731 | + | |
|---|
| 8732 | + | institution of higher education in the state, each appointed by the Board 5304 |
|---|
| 8733 | + | of Regents for Higher Education, and one student financial aid officer 5305 |
|---|
| 8734 | + | and one finance officer at an independent institution of higher education 5306 |
|---|
| 8735 | + | in the state, each appointed by the Connecticut Conference of 5307 |
|---|
| 8736 | + | Independent Colleges. The advisory committee shall meet at least 5308 |
|---|
| 8737 | + | annually. The State Treasurer shall convene the meetings of the 5309 |
|---|
| 8738 | + | committee. 5310 |
|---|
| 8739 | + | (b) Within six months from the date of the trust's annual report, the 5311 |
|---|
| 8740 | + | State Treasurer and the [executive director of the Office] Commissioner 5312 |
|---|
| 8741 | + | of Higher Education shall jointly report, in accordance with section 11-5313 |
|---|
| 8742 | + | 4a, to the joint standing committees of the General Assembly having 5314 |
|---|
| 8743 | + | cognizance of matters relating to education and finance, revenue and 5315 |
|---|
| 8744 | + | bonding on an evaluation of the Connecticut Higher Education Trust 5316 |
|---|
| 8745 | + | and recommendations, if any, for improvements in the program. 5317 |
|---|
| 8746 | + | Sec. 138. Section 4-5 of the 2024 supplement to the general statutes is 5318 |
|---|
| 8747 | + | repealed and the following is substituted in lieu thereof (Effective from 5319 |
|---|
| 8748 | + | passage): 5320 |
|---|
| 8749 | + | As used in sections 4-6, 4-7 and 4-8, the term "department head" 5321 |
|---|
| 8750 | + | means the Secretary of the Office of Policy and Management, 5322 |
|---|
| 8751 | + | Commissioner of Administrative Services, Commissioner of Revenue 5323 |
|---|
| 8752 | + | Services, Banking Commissioner, Commissioner of Children and 5324 |
|---|
| 8753 | + | Families, Commissioner of Consumer Protection, Commissioner of 5325 |
|---|
| 8754 | + | Correction, Commissioner of Economic and Community Development, 5326 |
|---|
| 8755 | + | State Board of Education, Commissioner of Emergency Services and 5327 |
|---|
| 8756 | + | Public Protection, Commissioner of Energy and Environmental 5328 |
|---|
| 8757 | + | Protection, Commissioner of Agriculture, Commissioner of Public 5329 |
|---|
| 8758 | + | Health, Insurance Commissioner, Labor Commissioner, Commissioner 5330 |
|---|
| 8759 | + | of Mental Health and Addiction Services, Commissioner of Social 5331 |
|---|
| 8760 | + | Services, Commissioner of Developmental Services, Commissioner of 5332 |
|---|
| 8761 | + | Motor Vehicles, Commissioner of Transportation, Commissioner of 5333 |
|---|
| 8762 | + | Veterans Affairs, Commissioner of Housing, Commissioner of Aging 5334 |
|---|
| 8763 | + | and Disability Services, Commissioner of Early Childhood, executive 5335 |
|---|
| 8764 | + | Bill No. |
|---|
| 8765 | + | |
|---|
| 8766 | + | |
|---|
| 8767 | + | |
|---|
| 8768 | + | LCO No. 5697 210 of 350 |
|---|
| 8769 | + | |
|---|
| 8770 | + | director of the Office of Health Strategy, executive director of the Office 5336 |
|---|
| 8771 | + | of Military Affairs, executive director of the Technical Education and 5337 |
|---|
| 8772 | + | Career System, Chief Workforce Officer and [executive director of the 5338 |
|---|
| 8773 | + | Office] Commissioner of Higher Education. As used in sections 4-6 and 5339 |
|---|
| 8774 | + | 4-7, "department head" also means the Commissioner of Education. 5340 |
|---|
| 8775 | + | Sec. 139. Subsection (a) of section 4-124xx of the 2024 supplement to 5341 |
|---|
| 8776 | + | the general statutes is repealed and the following is substituted in lieu 5342 |
|---|
| 8777 | + | thereof (Effective from passage): 5343 |
|---|
| 8778 | + | (a) The Chief Workforce Officer, appointed pursuant to section 4-5344 |
|---|
| 8779 | + | 124w, in consultation with the Labor Commissioner, the Commissioners 5345 |
|---|
| 8780 | + | of Social Services, Developmental Disabilities, Public Health, Higher 5346 |
|---|
| 8781 | + | Education and Aging and Disability Services, the Governor's Workforce 5347 |
|---|
| 8782 | + | Council, [the executive director of the Office of Higher Education,] the 5348 |
|---|
| 8783 | + | Council on Developmental Disabilities, the Autism Spectrum Disorder 5349 |
|---|
| 8784 | + | Advisory Council and regional workforce development boards, shall 5350 |
|---|
| 8785 | + | establish a Human Services Career Pipeline program to ensure a 5351 |
|---|
| 8786 | + | sufficient number of trained providers are available to serve the needs 5352 |
|---|
| 8787 | + | of persons in the state with an intellectual disability, other 5353 |
|---|
| 8788 | + | developmental disabilities, physical disabilities, cognitive impairment 5354 |
|---|
| 8789 | + | or mental illness and elderly persons. Such pipeline shall include 5355 |
|---|
| 8790 | + | training and certification for cardiopulmonary resuscitation, first aid, 5356 |
|---|
| 8791 | + | medication administration, job placement and incentives for retention 5357 |
|---|
| 8792 | + | in the human services labor sector upon successful completion of the 5358 |
|---|
| 8793 | + | program. 5359 |
|---|
| 8794 | + | Sec. 140. Subdivision (11) of subsection (c) of section 10-15j of the 2024 5360 |
|---|
| 8795 | + | supplement to the general statutes is repealed and the following is 5361 |
|---|
| 8796 | + | substituted in lieu thereof (Effective from passage): 5362 |
|---|
| 8797 | + | (11) The [executive director of the Office] Commissioner of Higher 5363 |
|---|
| 8798 | + | Education, or the [executive director's] commissioner's designee. 5364 |
|---|
| 8799 | + | Sec. 141. Subsection (b) of section 10a-1d of the general statutes is 5365 |
|---|
| 8800 | + | repealed and the following is substituted in lieu thereof (Effective from 5366 |
|---|
| 8801 | + | Bill No. |
|---|
| 8802 | + | |
|---|
| 8803 | + | |
|---|
| 8804 | + | |
|---|
| 8805 | + | LCO No. 5697 211 of 350 |
|---|
| 8806 | + | |
|---|
| 8807 | + | passage): 5367 |
|---|
| 8808 | + | (b) The Governor shall appoint [an executive director of the Office] a 5368 |
|---|
| 8809 | + | Commissioner of Higher Education in accordance with the provisions 5369 |
|---|
| 8810 | + | of sections 4-5 to 4-8, inclusive. The [executive director] commissioner 5370 |
|---|
| 8811 | + | shall have the responsibility for implementing the policies and 5371 |
|---|
| 8812 | + | directives of the office. 5372 |
|---|
| 8813 | + | Sec. 142. Subsection (a) of section 10a-11b of the 2024 supplement to 5373 |
|---|
| 8814 | + | the general statutes is repealed and the following is substituted in lieu 5374 |
|---|
| 8815 | + | thereof (Effective from passage): 5375 |
|---|
| 8816 | + | (a) There is established a Planning Commission for Higher Education 5376 |
|---|
| 8817 | + | to develop and ensure the implementation of a higher education 5377 |
|---|
| 8818 | + | strategic master plan in Connecticut. 5378 |
|---|
| 8819 | + | (1) The commission shall consist of the following voting members: 5379 |
|---|
| 8820 | + | (A) The president of the Connecticut State Colleges and Universities, the 5380 |
|---|
| 8821 | + | president of The University of Connecticut, or their designees from the 5381 |
|---|
| 8822 | + | Board of Regents and Board of Trustees; (B) the provost of the 5382 |
|---|
| 8823 | + | Connecticut State Colleges and Universities and the provost of The 5383 |
|---|
| 8824 | + | University of Connecticut; (C) the chair of the Board of Regents for the 5384 |
|---|
| 8825 | + | Connecticut State Colleges and Universities, and the Board of Trustees 5385 |
|---|
| 8826 | + | for The University of Connecticut, or the chairs' designees; (D) the 5386 |
|---|
| 8827 | + | president, provost or chair of the board of a large independent 5387 |
|---|
| 8828 | + | institution of higher education in the state, to be selected by the 5388 |
|---|
| 8829 | + | president pro tempore of the Senate; (E) the president, provost or chair 5389 |
|---|
| 8830 | + | of the board of a small independent institution of higher education in 5390 |
|---|
| 8831 | + | the state, to be selected by the speaker of the House of Representatives; 5391 |
|---|
| 8832 | + | (F) a representative from a private career school, to be selected by the 5392 |
|---|
| 8833 | + | [executive director of the Office] Commissioner of Higher Education; 5393 |
|---|
| 8834 | + | (G) a teaching faculty representative from the Connecticut State 5394 |
|---|
| 8835 | + | Universities, to be selected by the president of the Connecticut State 5395 |
|---|
| 8836 | + | Colleges and Universities; (H) a teaching faculty representative from the 5396 |
|---|
| 8837 | + | regional community-technical colleges, to be selected by the president 5397 |
|---|
| 8838 | + | Bill No. |
|---|
| 8839 | + | |
|---|
| 8840 | + | |
|---|
| 8841 | + | |
|---|
| 8842 | + | LCO No. 5697 212 of 350 |
|---|
| 8843 | + | |
|---|
| 8844 | + | of the Connecticut State Colleges and Universities; (I) a teaching faculty 5398 |
|---|
| 8845 | + | representative from The University of Connecticut, to be selected by the 5399 |
|---|
| 8846 | + | president of The University of Connecticut; (J) a teaching faculty 5400 |
|---|
| 8847 | + | representative from a private career school in the state, to be selected by 5401 |
|---|
| 8848 | + | the [executive director of the Office] Commissioner of Higher 5402 |
|---|
| 8849 | + | Education; (K) one member appointed by the president pro tempore of 5403 |
|---|
| 8850 | + | the Senate, who shall be a representative of a large manufacturing 5404 |
|---|
| 8851 | + | employer in the state; (L) one member appointed by the speaker of the 5405 |
|---|
| 8852 | + | House of Representatives, who shall be a representative of a large 5406 |
|---|
| 8853 | + | financial or insurance services employer in the state; (M) one member 5407 |
|---|
| 8854 | + | appointed by the majority leader of the Senate, who shall be a 5408 |
|---|
| 8855 | + | representative of an information technology or digital media employer 5409 |
|---|
| 8856 | + | in the state; (N) one member appointed by the minority leader of the 5410 |
|---|
| 8857 | + | Senate, who shall be a representative of a small business employer in 5411 |
|---|
| 8858 | + | the state; (O) one member appointed by the majority leader of the House 5412 |
|---|
| 8859 | + | of Representatives, who shall be a representative of a health care 5413 |
|---|
| 8860 | + | employer in the state; and (P) one member appointed by the minority 5414 |
|---|
| 8861 | + | leader of the House of Representatives, who shall be a representative of 5415 |
|---|
| 8862 | + | a small business employer in the state. The commission membership 5416 |
|---|
| 8863 | + | shall, where feasible, reflect the state's geographic, racial and ethnic 5417 |
|---|
| 8864 | + | diversity. 5418 |
|---|
| 8865 | + | (2) The following persons shall serve as ex-officio nonvoting 5419 |
|---|
| 8866 | + | members on the commission: (A) The Commissioner of Education, the 5420 |
|---|
| 8867 | + | Commissioner of Economic and Community Development and the 5421 |
|---|
| 8868 | + | Labor Commissioner, or their designees; (B) a representative of an 5422 |
|---|
| 8869 | + | association of the state's independent institutions of higher education, 5423 |
|---|
| 8870 | + | appointed by the Governor; (C) a member of the State Board of 5424 |
|---|
| 8871 | + | Education, as designated by the chairperson of the state board; (D) the 5425 |
|---|
| 8872 | + | superintendent of the technical high school system, or the 5426 |
|---|
| 8873 | + | superintendent's designee; (E) the chief executive officer of Connecticut 5427 |
|---|
| 8874 | + | Innovations, Incorporated, or the chief executive officer's designee; (F) 5428 |
|---|
| 8875 | + | the [executive director of the Office] Commissioner of Higher 5429 |
|---|
| 8876 | + | Education; (G) the chairpersons and ranking members of the joint 5430 |
|---|
| 8877 | + | Bill No. |
|---|
| 8878 | + | |
|---|
| 8879 | + | |
|---|
| 8880 | + | |
|---|
| 8881 | + | LCO No. 5697 213 of 350 |
|---|
| 8882 | + | |
|---|
| 8883 | + | standing committee of the General Assembly having cognizance of 5431 |
|---|
| 8884 | + | matters relating to higher education and employment advancement; (H) 5432 |
|---|
| 8885 | + | the Secretary of the Office of Policy and Management, or the secretary's 5433 |
|---|
| 8886 | + | designee; and (I) the Chief Workforce Officer. 5434 |
|---|
| 8887 | + | (3) The Governor shall appoint the chairperson from among the 5435 |
|---|
| 8888 | + | commission's voting members. The commission shall elect a vice-5436 |
|---|
| 8889 | + | chairperson at its first meeting. Any vacancies shall be filled by the 5437 |
|---|
| 8890 | + | appointing authority. The term of each appointed member of the 5438 |
|---|
| 8891 | + | commission shall be three years from the date of appointment. The 5439 |
|---|
| 8892 | + | commission members shall serve without compensation. The 5440 |
|---|
| 8893 | + | commission may seek the advice and participation of any person, 5441 |
|---|
| 8894 | + | organization or state or federal agency it deems necessary to carry out 5442 |
|---|
| 8895 | + | the provisions of this section. The commission may, within available 5443 |
|---|
| 8896 | + | appropriations, retain consultants to assist in carrying out its duties. The 5444 |
|---|
| 8897 | + | commission may receive funds from any public or private sources to 5445 |
|---|
| 8898 | + | carry out its activities. The commission shall be within the Office of 5446 |
|---|
| 8899 | + | Higher Education and shall be responsible for implementing any 5447 |
|---|
| 8900 | + | policies developed by the commission. 5448 |
|---|
| 8901 | + | Sec. 143. Subsection (c) of section 10a-19e of the general statutes is 5449 |
|---|
| 8902 | + | repealed and the following is substituted in lieu thereof (Effective from 5450 |
|---|
| 8903 | + | passage): 5451 |
|---|
| 8904 | + | (c) Persons who qualify under subsection (b) of this section shall be 5452 |
|---|
| 8905 | + | reimbursed on an annual basis for qualifying student loan payments in 5453 |
|---|
| 8906 | + | amounts as determined by the [executive director of the Office] 5454 |
|---|
| 8907 | + | Commissioner of Higher Education. A person qualifying under 5455 |
|---|
| 8908 | + | subsection (b) of this section shall only be reimbursed for loan payments 5456 |
|---|
| 8909 | + | made while such person is employed in the state as an engineer. The 5457 |
|---|
| 8910 | + | Office of Higher Education shall develop eligibility requirements for 5458 |
|---|
| 8911 | + | recipients of such reimbursements. Such requirements may include 5459 |
|---|
| 8912 | + | income guidelines. Persons may apply for grants to the Office of Higher 5460 |
|---|
| 8913 | + | Education at such time and in such manner as the [executive director of 5461 |
|---|
| 8914 | + | the Office] Commissioner of Higher Education prescribes. 5462 |
|---|
| 8915 | + | Bill No. |
|---|
| 8916 | + | |
|---|
| 8917 | + | |
|---|
| 8918 | + | |
|---|
| 8919 | + | LCO No. 5697 214 of 350 |
|---|
| 8920 | + | |
|---|
| 8921 | + | Sec. 144. Subsection (c) of section 10a-19f of the general statutes is 5463 |
|---|
| 8922 | + | repealed and the following is substituted in lieu thereof (Effective from 5464 |
|---|
| 8923 | + | passage): 5465 |
|---|
| 8924 | + | (c) Persons who qualify under subsection (b) of this section shall 5466 |
|---|
| 8925 | + | receive reimbursement grants on an annual basis for qualifying student 5467 |
|---|
| 8926 | + | loan payments in amounts as determined by the [executive director of 5468 |
|---|
| 8927 | + | the Office] Commissioner of Higher Education. A person qualifying 5469 |
|---|
| 8928 | + | under subsection (b) of this section shall only be reimbursed for loan 5470 |
|---|
| 8929 | + | payments made while such person is employed in Connecticut by a 5471 |
|---|
| 8930 | + | qualifying company or in research at an institution of higher education 5472 |
|---|
| 8931 | + | in an economically valuable field. The Office of Higher Education shall 5473 |
|---|
| 8932 | + | develop eligibility requirements for recipients of such reimbursement 5474 |
|---|
| 8933 | + | grants in consultation with the Department of Economic and 5475 |
|---|
| 8934 | + | Community Development. Such requirements may include income 5476 |
|---|
| 8935 | + | guidelines. Persons may apply for grants to the Office of Higher 5477 |
|---|
| 8936 | + | Education at such time and in such manner as the [executive director of 5478 |
|---|
| 8937 | + | the Office] Commissioner of Higher Education prescribes. 5479 |
|---|
| 8938 | + | Sec. 145. Section 10a-19m of the 2024 supplement to the general 5480 |
|---|
| 8939 | + | statutes is repealed and the following is substituted in lieu thereof 5481 |
|---|
| 8940 | + | (Effective from passage): 5482 |
|---|
| 8941 | + | (a) On or before January 1, 2025, the [executive director of the Office] 5483 |
|---|
| 8942 | + | Commissioner of Higher Education shall establish, within available 5484 |
|---|
| 8943 | + | appropriations, a program to reimburse certain persons for student loan 5485 |
|---|
| 8944 | + | payments. The Office of Higher Education may approve the 5486 |
|---|
| 8945 | + | participation of any person in the student loan reimbursement program 5487 |
|---|
| 8946 | + | who (1) (A) attended a state college or university and graduated with a 5488 |
|---|
| 8947 | + | bachelor's degree, (B) left such college or university in good academic 5489 |
|---|
| 8948 | + | standing before graduation, or (C) holds an occupational or professional 5490 |
|---|
| 8949 | + | license or certification issued pursuant to title 20; (2) is a resident of the 5491 |
|---|
| 8950 | + | state, as defined in section 12-701 and has been a resident of the state for 5492 |
|---|
| 8951 | + | not less than five years; (3) has (A) a Connecticut adjusted gross income 5493 |
|---|
| 8952 | + | of not more than one hundred twenty-five thousand dollars and files a 5494 |
|---|
| 8953 | + | Bill No. |
|---|
| 8954 | + | |
|---|
| 8955 | + | |
|---|
| 8956 | + | |
|---|
| 8957 | + | LCO No. 5697 215 of 350 |
|---|
| 8958 | + | |
|---|
| 8959 | + | return under the federal income tax as an unmarried individual or a 5495 |
|---|
| 8960 | + | married individual filing separately, or (B) a Connecticut adjusted gross 5496 |
|---|
| 8961 | + | income of not more than one hundred seventy-five thousand dollars 5497 |
|---|
| 8962 | + | and files a return under the federal income tax as a head of household, 5498 |
|---|
| 8963 | + | a married individual filing jointly or a surviving spouse, as defined in 5499 |
|---|
| 8964 | + | Section 2(a) of the Internal Revenue Code of 1986, or any subsequent 5500 |
|---|
| 8965 | + | corresponding internal revenue code of the United States, as amended 5501 |
|---|
| 8966 | + | from time to time; and (4) has a student loan. For the purposes of this 5502 |
|---|
| 8967 | + | section "state college or university" means any public or private college 5503 |
|---|
| 8968 | + | or university in the state. 5504 |
|---|
| 8969 | + | (b) Persons who qualify under subsection (a) of this section may 5505 |
|---|
| 8970 | + | apply to the Office of Higher Education to participate in the student loan 5506 |
|---|
| 8971 | + | reimbursement program at such time and in such manner as the 5507 |
|---|
| 8972 | + | [executive director] Commissioner of said office prescribes. 5508 |
|---|
| 8973 | + | (c) (1) The [executive director of the Office] Commissioner of Higher 5509 |
|---|
| 8974 | + | Education shall award grants to persons approved to participate in the 5510 |
|---|
| 8975 | + | student loan reimbursement program on a first-come, first-served basis, 5511 |
|---|
| 8976 | + | provided such person meets the requirements of this subsection. 5512 |
|---|
| 8977 | + | (2) Each participant in the program shall volunteer for a nonprofit 5513 |
|---|
| 8978 | + | organization in the state for not less than fifty unpaid hours for each 5514 |
|---|
| 8979 | + | year of participation in the student loan reimbursement program. For 5515 |
|---|
| 8980 | + | purposes of this section, "volunteer hours" shall include, but need not 5516 |
|---|
| 8981 | + | be limited to, service on the board of directors for a nonprofit 5517 |
|---|
| 8982 | + | organization and military service. 5518 |
|---|
| 8983 | + | (3) Each participant in the program shall annually submit receipts of 5519 |
|---|
| 8984 | + | payment on student loans and evidence of having completed such 5520 |
|---|
| 8985 | + | volunteer hours to the Office of Higher Education in the manner 5521 |
|---|
| 8986 | + | prescribed by the [executive director] commissioner. 5522 |
|---|
| 8987 | + | (4) The Office of Higher Education shall reimburse each program 5523 |
|---|
| 8988 | + | participant who meets the requirements of this section for student loan 5524 |
|---|
| 8989 | + | payments an amount of not more than five thousand dollars, annually, 5525 |
|---|
| 8990 | + | Bill No. |
|---|
| 8991 | + | |
|---|
| 8992 | + | |
|---|
| 8993 | + | |
|---|
| 8994 | + | LCO No. 5697 216 of 350 |
|---|
| 8995 | + | |
|---|
| 8996 | + | provided no person shall participate in the student loan reimbursement 5526 |
|---|
| 8997 | + | program for more than four years or receive more than twenty thousand 5527 |
|---|
| 8998 | + | dollars in aggregate reimbursement for student loan payments. 5528 |
|---|
| 8999 | + | (d) The Office of Higher Education may use up to two and one-half 5529 |
|---|
| 9000 | + | per cent of the funds appropriated for purposes of this section, annually, 5530 |
|---|
| 9001 | + | for program administration, promotion and recruitment activities. 5531 |
|---|
| 9002 | + | (e) Not later than July 1, 2026, and each January and July thereafter, 5532 |
|---|
| 9003 | + | the [executive director of the Office] Commissioner of Higher Education 5533 |
|---|
| 9004 | + | shall report, in accordance with the provisions of section 11-4a, to the 5534 |
|---|
| 9005 | + | joint standing committees of the General Assembly having cognizance 5535 |
|---|
| 9006 | + | of matters relating to higher education and employment advancement 5536 |
|---|
| 9007 | + | and appropriations and the budgets of state agencies on the operation 5537 |
|---|
| 9008 | + | and effectiveness of the program and any recommendations to expand 5538 |
|---|
| 9009 | + | the program. 5539 |
|---|
| 9010 | + | Sec. 146. Subdivisions (3) and (4) of section 10a-22a of the general 5540 |
|---|
| 9011 | + | statutes are repealed and the following is substituted in lieu thereof 5541 |
|---|
| 9012 | + | (Effective from passage): 5542 |
|---|
| 9013 | + | (3) "Branch" means a subdivision of a school (A) located at a different 5543 |
|---|
| 9014 | + | facility and geographical site from the school, except for a site that is an 5544 |
|---|
| 9015 | + | additional classroom site as determined by the [executive director] 5545 |
|---|
| 9016 | + | commissioner, or the [executive director's] commissioner's designee, 5546 |
|---|
| 9017 | + | and (B) that (i) offers one or more complete programs leading to a 5547 |
|---|
| 9018 | + | diploma or certificate; (ii) operates under the school's certificate of 5548 |
|---|
| 9019 | + | operation; (iii) meets the same conditions of authorization as the school; 5549 |
|---|
| 9020 | + | and (iv) exercises administrative control and is responsible for its own 5550 |
|---|
| 9021 | + | academic affairs; 5551 |
|---|
| 9022 | + | (4) ["Executive director"] "Commissioner" means the [executive 5552 |
|---|
| 9023 | + | director of the Office] Commissioner of Higher Education; and 5553 |
|---|
| 9024 | + | Sec. 147. Section 10a-22b of the general statutes is repealed and the 5554 |
|---|
| 9025 | + | following is substituted in lieu thereof (Effective from passage): 5555 |
|---|
| 9026 | + | Bill No. |
|---|
| 9027 | + | |
|---|
| 9028 | + | |
|---|
| 9029 | + | |
|---|
| 9030 | + | LCO No. 5697 217 of 350 |
|---|
| 9031 | + | |
|---|
| 9032 | + | (a) No person, board, association, partnership, corporation, limited 5556 |
|---|
| 9033 | + | liability company or other entity shall offer instruction in any form or 5557 |
|---|
| 9034 | + | manner in any trade or in any industrial, commercial, service, 5558 |
|---|
| 9035 | + | professional or other occupation unless such person, board, association, 5559 |
|---|
| 9036 | + | partnership, corporation, limited liability company or other entity first 5560 |
|---|
| 9037 | + | receives from the [executive director] commissioner a certificate 5561 |
|---|
| 9038 | + | authorizing the occupational instruction to be offered. 5562 |
|---|
| 9039 | + | (b) Except for initial authorizations, the [executive director] 5563 |
|---|
| 9040 | + | commissioner may accept institutional accreditation by an accrediting 5564 |
|---|
| 9041 | + | agency recognized by the United States Department of Education, in 5565 |
|---|
| 9042 | + | satisfaction of the requirements of this section and section 10a-22d, 5566 |
|---|
| 9043 | + | including the evaluation and attendance requirement. Except for initial 5567 |
|---|
| 9044 | + | authorizations, the [executive director] commissioner may accept 5568 |
|---|
| 9045 | + | programmatic accreditation in satisfaction of the requirements of this 5569 |
|---|
| 9046 | + | section and section 10a-22d with regard to instruction offered by a 5570 |
|---|
| 9047 | + | hospital unless the [executive director] commissioner finds reasonable 5571 |
|---|
| 9048 | + | cause not to rely upon such accreditation. 5572 |
|---|
| 9049 | + | (c) Each person, board, association, partnership, corporation, limited 5573 |
|---|
| 9050 | + | liability company or other entity which seeks to offer occupational 5574 |
|---|
| 9051 | + | instruction shall submit to the [executive director] commissioner, or the 5575 |
|---|
| 9052 | + | [executive director's] commissioner's designee, in such manner and on 5576 |
|---|
| 9053 | + | such forms as the [executive director] commissioner, or the [executive 5577 |
|---|
| 9054 | + | director's] commissioner's designee, prescribes, an application for a 5578 |
|---|
| 9055 | + | certificate of authorization. Each application for initial authorization 5579 |
|---|
| 9056 | + | shall be accompanied by a nonrefundable application fee made payable 5580 |
|---|
| 9057 | + | to the private career school student protection account. Such application 5581 |
|---|
| 9058 | + | fee shall be in the amount of two thousand dollars for the private career 5582 |
|---|
| 9059 | + | school and two hundred dollars for each branch of a private career 5583 |
|---|
| 9060 | + | school in this state, except that, each application for initial authorization 5584 |
|---|
| 9061 | + | submitted on and after the effective date of the regulations adopted 5585 |
|---|
| 9062 | + | pursuant to section 10a-22k, shall be accompanied by a nonrefundable 5586 |
|---|
| 9063 | + | application fee in the amount specified in such regulations. Any 5587 |
|---|
| 9064 | + | application for initial authorization that remains incomplete six months 5588 |
|---|
| 9065 | + | Bill No. |
|---|
| 9066 | + | |
|---|
| 9067 | + | |
|---|
| 9068 | + | |
|---|
| 9069 | + | LCO No. 5697 218 of 350 |
|---|
| 9070 | + | |
|---|
| 9071 | + | after the date such application was first submitted to the Office of 5589 |
|---|
| 9072 | + | Higher Education shall expire and the office shall not approve such 5590 |
|---|
| 9073 | + | expired application for authorization. 5591 |
|---|
| 9074 | + | (d) Each person, board, association, partnership, corporation, limited 5592 |
|---|
| 9075 | + | liability company or other entity seeking to offer occupational 5593 |
|---|
| 9076 | + | instruction shall have a net worth consisting of sufficient liquid assets 5594 |
|---|
| 9077 | + | or produce other evidence of fiscal soundness to demonstrate the ability 5595 |
|---|
| 9078 | + | of the proposed private career school to operate, achieve all of its 5596 |
|---|
| 9079 | + | objectives and meet all of its obligations, including those concerning 5597 |
|---|
| 9080 | + | staff and students, during the period of time for which the authorization 5598 |
|---|
| 9081 | + | is sought. 5599 |
|---|
| 9082 | + | (e) Upon receipt of a complete application pursuant to subsection (c) 5600 |
|---|
| 9083 | + | of this section, the [executive director] commissioner shall cause to be 5601 |
|---|
| 9084 | + | conducted an evaluation of the applicant school. Not later than sixty 5602 |
|---|
| 9085 | + | days (1) after receipt of a complete application for initial authorization, 5603 |
|---|
| 9086 | + | or (2) prior to expiration of the authorization of a private career school 5604 |
|---|
| 9087 | + | applying to renew its certificate of authorization pursuant to section 5605 |
|---|
| 9088 | + | 10a-22d, the [executive director] commissioner, or the [executive 5606 |
|---|
| 9089 | + | director's] commissioner's designee, shall appoint an evaluation team, 5607 |
|---|
| 9090 | + | pursuant to subsection (f) of this section, except that on and after the 5608 |
|---|
| 9091 | + | effective date of the regulations adopted pursuant to section 10a-22k, 5609 |
|---|
| 9092 | + | the evaluation team shall be appointed pursuant to such regulations, to 5610 |
|---|
| 9093 | + | conduct such evaluation of the applicant school. The evaluation team 5611 |
|---|
| 9094 | + | shall submit a written report to the [executive director] commissioner 5612 |
|---|
| 9095 | + | recommending authorization or nonauthorization after an on-site 5613 |
|---|
| 9096 | + | inspection. Not later than one hundred twenty days following the 5614 |
|---|
| 9097 | + | completed appointment of the evaluation team, the [executive director] 5615 |
|---|
| 9098 | + | commissioner shall notify the applicant school of authorization or 5616 |
|---|
| 9099 | + | nonauthorization. The [executive director] commissioner may consult 5617 |
|---|
| 9100 | + | with the Labor Department and may request the advice of any other 5618 |
|---|
| 9101 | + | state agency which may be of assistance in making a determination. In 5619 |
|---|
| 9102 | + | the event of nonauthorization, the [executive director] commissioner 5620 |
|---|
| 9103 | + | shall set forth the reasons therefor in writing and the applicant school 5621 |
|---|
| 9104 | + | Bill No. |
|---|
| 9105 | + | |
|---|
| 9106 | + | |
|---|
| 9107 | + | |
|---|
| 9108 | + | LCO No. 5697 219 of 350 |
|---|
| 9109 | + | |
|---|
| 9110 | + | may request in writing a hearing before the [executive director] 5622 |
|---|
| 9111 | + | commissioner. Such hearing shall be held in accordance with the 5623 |
|---|
| 9112 | + | provisions of chapter 54. 5624 |
|---|
| 9113 | + | (f) For purposes of an evaluation of an applicant school, the 5625 |
|---|
| 9114 | + | [executive director] commissioner, or the [executive director's] 5626 |
|---|
| 9115 | + | commissioner's designee, shall appoint an evaluation team which shall 5627 |
|---|
| 9116 | + | include (1) at least two members representing the Office of Higher 5628 |
|---|
| 9117 | + | Education, and (2) at least one member for each of the areas of 5629 |
|---|
| 9118 | + | occupational instruction for which authorization is sought who shall be 5630 |
|---|
| 9119 | + | experienced in such occupation. The applicant school shall have the 5631 |
|---|
| 9120 | + | right to challenge any proposed member of the evaluation team for good 5632 |
|---|
| 9121 | + | cause shown. A written challenge shall be filed with the [executive 5633 |
|---|
| 9122 | + | director] commissioner within ten business days following the 5634 |
|---|
| 9123 | + | appointment of such evaluation team. In the event of a challenge, a 5635 |
|---|
| 9124 | + | decision shall be made thereon by the [executive director] commissioner 5636 |
|---|
| 9125 | + | within ten business days from the date such challenge is filed, and if the 5637 |
|---|
| 9126 | + | challenge is upheld the [executive director] commissioner shall appoint 5638 |
|---|
| 9127 | + | a replacement. Employees of the state or any political subdivision of the 5639 |
|---|
| 9128 | + | state may be members of evaluation teams. The [executive director] 5640 |
|---|
| 9129 | + | commissioner, or the [executive director's] commissioner's designee, 5641 |
|---|
| 9130 | + | shall not appoint any person to an evaluation team unless the [executive 5642 |
|---|
| 9131 | + | director] commissioner, or such designee, has received from such 5643 |
|---|
| 9132 | + | person a statement that the person has no interest which is in conflict 5644 |
|---|
| 9133 | + | with the proper discharge of the duties of evaluation team members as 5645 |
|---|
| 9134 | + | described in this section. The statement shall be on a form prescribed by 5646 |
|---|
| 9135 | + | the [executive director] commissioner and shall be signed under penalty 5647 |
|---|
| 9136 | + | of false statement. Except for any member of the evaluation team who 5648 |
|---|
| 9137 | + | is a state employee, members may be compensated for their service at 5649 |
|---|
| 9138 | + | the discretion of the [executive director] commissioner and shall be 5650 |
|---|
| 9139 | + | reimbursed for actual expenses, which expenses shall be charged to and 5651 |
|---|
| 9140 | + | paid by the applicant school. 5652 |
|---|
| 9141 | + | (g) The evaluation team appointed pursuant to subsection (f) of this 5653 |
|---|
| 9142 | + | section shall: (1) Conduct an on-site inspection; (2) submit a written 5654 |
|---|
| 9143 | + | Bill No. |
|---|
| 9144 | + | |
|---|
| 9145 | + | |
|---|
| 9146 | + | |
|---|
| 9147 | + | LCO No. 5697 220 of 350 |
|---|
| 9148 | + | |
|---|
| 9149 | + | report outlining any evidence of noncompliance; (3) give the school 5655 |
|---|
| 9150 | + | thirty days from the date of the report to provide evidence of 5656 |
|---|
| 9151 | + | compliance; and (4) submit to the [executive director] commissioner a 5657 |
|---|
| 9152 | + | written report recommending authorization or nonauthorization not 5658 |
|---|
| 9153 | + | later than one hundred twenty days after the on-site inspection. The 5659 |
|---|
| 9154 | + | evaluation team shall determine whether (A) the quality and content of 5660 |
|---|
| 9155 | + | each course or program of instruction, including, but not limited to, 5661 |
|---|
| 9156 | + | residential, on-line, home study and correspondence, training or study 5662 |
|---|
| 9157 | + | shall reasonably and adequately achieve the stated objective for which 5663 |
|---|
| 9158 | + | such course or program is offered; (B) the school has adequate space, 5664 |
|---|
| 9159 | + | equipment, instructional materials and personnel for the instruction 5665 |
|---|
| 9160 | + | offered; (C) the qualifications of directors, administrators, supervisors 5666 |
|---|
| 9161 | + | and instructors shall reasonably and adequately assure that students 5667 |
|---|
| 9162 | + | receive education consistent with the stated objectives for which a 5668 |
|---|
| 9163 | + | course or program is offered; (D) students and other interested persons 5669 |
|---|
| 9164 | + | shall be provided with a catalog or similar publication describing the 5670 |
|---|
| 9165 | + | courses and programs offered, course and program objectives, length of 5671 |
|---|
| 9166 | + | courses and programs, schedule of tuition, fees and all other charges 5672 |
|---|
| 9167 | + | and expenses necessary for completion of the course or program, and 5673 |
|---|
| 9168 | + | termination, withdrawal and refund policies; (E) upon satisfactory 5674 |
|---|
| 9169 | + | completion of the course or program, each student shall be provided 5675 |
|---|
| 9170 | + | appropriate educational credentials by the school; (F) adequate records 5676 |
|---|
| 9171 | + | shall be maintained by the school to show attendance and grades, or 5677 |
|---|
| 9172 | + | other indicators of student progress, and standards shall be enforced 5678 |
|---|
| 9173 | + | relating to attendance and student performance; (G) the applicant 5679 |
|---|
| 9174 | + | school shall be financially sound and capable of fulfilling its 5680 |
|---|
| 9175 | + | commitments to students; (H) any student housing owned, leased, 5681 |
|---|
| 9176 | + | rented or otherwise maintained by the applicant school shall be safe and 5682 |
|---|
| 9177 | + | adequate; and (I) the school and any branch of the school in this state 5683 |
|---|
| 9178 | + | has a director located at the school or branch who is responsible for daily 5684 |
|---|
| 9179 | + | oversight of the school's or branch's operations. The evaluation team 5685 |
|---|
| 9180 | + | may also indicate in its report such recommendations as may improve 5686 |
|---|
| 9181 | + | the operation of the applicant school. 5687 |
|---|
| 9182 | + | Bill No. |
|---|
| 9183 | + | |
|---|
| 9184 | + | |
|---|
| 9185 | + | |
|---|
| 9186 | + | LCO No. 5697 221 of 350 |
|---|
| 9187 | + | |
|---|
| 9188 | + | Sec. 148. Section 10a-22c of the general statutes is repealed and the 5688 |
|---|
| 9189 | + | following is substituted in lieu thereof (Effective from passage): 5689 |
|---|
| 9190 | + | (a) No certificate to operate a private career school shall be authorized 5690 |
|---|
| 9191 | + | by the [executive director] commissioner, or the [executive director's] 5691 |
|---|
| 9192 | + | commissioner's designee, if (1) any principal, officer, member or 5692 |
|---|
| 9193 | + | director of the applicant school has acted in a similar capacity for a 5693 |
|---|
| 9194 | + | private career school which has had its authorization revoked pursuant 5694 |
|---|
| 9195 | + | to section 10a-22f; (2) the applicant school does not have a net worth 5695 |
|---|
| 9196 | + | consisting of sufficient liquid assets or other evidence of fiscal 5696 |
|---|
| 9197 | + | soundness to operate for the period of time for which authorization is 5697 |
|---|
| 9198 | + | sought; (3) the applicant school or any of its agents engages in 5698 |
|---|
| 9199 | + | advertising, sales, collection, credit or other practices which are false, 5699 |
|---|
| 9200 | + | deceptive, misleading or unfair; (4) the applicant school has any policy 5700 |
|---|
| 9201 | + | which discourages or prohibits the filing of inquiries or complaints 5701 |
|---|
| 9202 | + | regarding the school's operation with the [executive director] 5702 |
|---|
| 9203 | + | commissioner; (5) the applicant school fails to satisfactorily meet the 5703 |
|---|
| 9204 | + | criteria set forth in subsection (g) of section 10a-22b, or, on and after the 5704 |
|---|
| 9205 | + | effective date of regulations adopted pursuant to section 10a-22k, the 5705 |
|---|
| 9206 | + | criteria set forth in such regulations; (6) a private career school that has 5706 |
|---|
| 9207 | + | previously closed fails to follow the procedures for school closure under 5707 |
|---|
| 9208 | + | section 10a-22m; or (7) the applicant school does not have a director 5708 |
|---|
| 9209 | + | located at the school and at each of its branches in this state. 5709 |
|---|
| 9210 | + | (b) The [executive director] commissioner may deny a certificate of 5710 |
|---|
| 9211 | + | authorization if the person who owns or intends to operate a private 5711 |
|---|
| 9212 | + | career school has been convicted in this state, or any other state, of 5712 |
|---|
| 9213 | + | larceny in violation of section 53a-122 or 53a-123; identity theft in 5713 |
|---|
| 9214 | + | violation of section 53a-129b or 53a-129c; forgery in violation of section 5714 |
|---|
| 9215 | + | 53a-138 or 53a-139; or has a criminal record in this state, or any other 5715 |
|---|
| 9216 | + | state, that the [executive director] commissioner reasonably believes 5716 |
|---|
| 9217 | + | renders the person unsuitable to own and operate a private career 5717 |
|---|
| 9218 | + | school. A refusal of a certificate of authorization under this subsection 5718 |
|---|
| 9219 | + | shall be made in accordance with the provisions of sections 46a-79 to 5719 |
|---|
| 9220 | + | 46a-81, inclusive. 5720 |
|---|
| 9221 | + | Bill No. |
|---|
| 9222 | + | |
|---|
| 9223 | + | |
|---|
| 9224 | + | |
|---|
| 9225 | + | LCO No. 5697 222 of 350 |
|---|
| 9226 | + | |
|---|
| 9227 | + | (c) No certificate to operate a private career school shall be issued by 5721 |
|---|
| 9228 | + | the [executive director] commissioner pursuant to section 10a-22d until 5722 |
|---|
| 9229 | + | such private career school seeking authorization files with the 5723 |
|---|
| 9230 | + | [executive director] commissioner certificates indicating that the 5724 |
|---|
| 9231 | + | buildings and premises for such school meet all applicable state and 5725 |
|---|
| 9232 | + | local fire and zoning requirements. Such certificates shall be attested to 5726 |
|---|
| 9233 | + | by the fire marshal and zoning enforcement officer within the 5727 |
|---|
| 9234 | + | municipality in which such school is located. 5728 |
|---|
| 9235 | + | (d) No certificate to operate a new private career school shall be 5729 |
|---|
| 9236 | + | issued by the [executive director] commissioner pursuant to section 10a-5730 |
|---|
| 9237 | + | 22d until such private career school seeking authorization files with the 5731 |
|---|
| 9238 | + | [executive director] commissioner an irrevocable letter of credit issued 5732 |
|---|
| 9239 | + | by a bank with its main office or branch located within this state in the 5733 |
|---|
| 9240 | + | penal amount of forty thousand dollars guaranteeing the payments 5734 |
|---|
| 9241 | + | required of the school to the private career school student protection 5735 |
|---|
| 9242 | + | account in accordance with the provisions of section 10a-22u, except 5736 |
|---|
| 9243 | + | that, any letter of credit issued on and after the effective date of the 5737 |
|---|
| 9244 | + | regulations adopted pursuant to section 10a-22k, shall be in a penal 5738 |
|---|
| 9245 | + | amount specified in such regulations. The letter of credit shall be 5739 |
|---|
| 9246 | + | payable to the private career school student protection account in the 5740 |
|---|
| 9247 | + | event that such school fails to make payments to the account as 5741 |
|---|
| 9248 | + | provided in subsection (a) of section 10a-22u or in the event the state 5742 |
|---|
| 9249 | + | takes action to reimburse the account for a tuition refund paid to a 5743 |
|---|
| 9250 | + | student pursuant to the provisions of section 10a-22v, provided the 5744 |
|---|
| 9251 | + | amount of the letter of credit to be paid into the private career school 5745 |
|---|
| 9252 | + | student protection account shall not exceed the amounts owed to the 5746 |
|---|
| 9253 | + | account. In the event a private career school fails to close in accordance 5747 |
|---|
| 9254 | + | with the provisions of section 10a-22m, the [executive director] 5748 |
|---|
| 9255 | + | commissioner may seize the letter of credit, which shall be made 5749 |
|---|
| 9256 | + | payable to the private career school protection account. 5750 |
|---|
| 9257 | + | (e) The [executive director] commissioner shall notify the applicant 5751 |
|---|
| 9258 | + | private career school, by certified mail, return receipt requested of the 5752 |
|---|
| 9259 | + | decision to grant or deny a certificate of authorization not later than 5753 |
|---|
| 9260 | + | Bill No. |
|---|
| 9261 | + | |
|---|
| 9262 | + | |
|---|
| 9263 | + | |
|---|
| 9264 | + | LCO No. 5697 223 of 350 |
|---|
| 9265 | + | |
|---|
| 9266 | + | sixty days after receiving the written report of the evaluation team 5754 |
|---|
| 9267 | + | appointed pursuant to subsection (e) of section 10a-22b. 5755 |
|---|
| 9268 | + | Sec. 149. Section 10a-22d of the general statutes is repealed and the 5756 |
|---|
| 9269 | + | following is substituted in lieu thereof (Effective from passage): 5757 |
|---|
| 9270 | + | (a) After the initial year of approval and for the next three years of 5758 |
|---|
| 9271 | + | operation as a private career school, renewal of the certificate of 5759 |
|---|
| 9272 | + | authorization shall be required annually. 5760 |
|---|
| 9273 | + | (b) Following the fourth year of continuous authorization, a renewal 5761 |
|---|
| 9274 | + | of the certificate of authorization, if granted, shall be for a period not to 5762 |
|---|
| 9275 | + | exceed five years and may be subject to an evaluation pursuant to 5763 |
|---|
| 9276 | + | subsection (e) of section 10a-22b, provided no private career school shall 5764 |
|---|
| 9277 | + | operate for more than five additional years from the date of any renewal 5765 |
|---|
| 9278 | + | without the completion of an evaluation pursuant to subsection (e) of 5766 |
|---|
| 9279 | + | section 10a-22b. 5767 |
|---|
| 9280 | + | (c) Renewal of the certificate of authorization shall be granted only 5768 |
|---|
| 9281 | + | upon (1) payment of a nonrefundable renewal fee to the Office of Higher 5769 |
|---|
| 9282 | + | Education in the amount of two hundred dollars for the private career 5770 |
|---|
| 9283 | + | school and two hundred dollars for each branch of a private career 5771 |
|---|
| 9284 | + | school, except that, any renewal fees paid on and after the effective date 5772 |
|---|
| 9285 | + | of the regulations adopted pursuant to section 10a-22k, shall be in the 5773 |
|---|
| 9286 | + | amount specified in such regulations, (2) submission of any reports or 5774 |
|---|
| 9287 | + | audits, as prescribed by the [executive director] commissioner or the 5775 |
|---|
| 9288 | + | [executive director's] commissioner's designee, concerning the fiscal 5776 |
|---|
| 9289 | + | condition of the private career school or its continuing eligibility to 5777 |
|---|
| 9290 | + | participate in federal student financial aid programs, (3) the filing with 5778 |
|---|
| 9291 | + | the [executive director] commissioner of a complete application for a 5779 |
|---|
| 9292 | + | renewed certificate of authorization not less than one hundred twenty 5780 |
|---|
| 9293 | + | days prior to the termination date of the most recent certificate of 5781 |
|---|
| 9294 | + | authorization, and (4) a determination that the private career school 5782 |
|---|
| 9295 | + | meets all the conditions of its recent authorization, including, but not 5783 |
|---|
| 9296 | + | limited to, at the discretion of the [executive director] commissioner, 5784 |
|---|
| 9297 | + | Bill No. |
|---|
| 9298 | + | |
|---|
| 9299 | + | |
|---|
| 9300 | + | |
|---|
| 9301 | + | LCO No. 5697 224 of 350 |
|---|
| 9302 | + | |
|---|
| 9303 | + | evidence that such school is current on its financial obligations and has 5785 |
|---|
| 9304 | + | adequate financial resources to serve its current students, and the filing 5786 |
|---|
| 9305 | + | of documentation with the [executive director] commissioner that the 5787 |
|---|
| 9306 | + | private career school has a passing financial ratio score as required by 5788 |
|---|
| 9307 | + | 34 CFR 668, as amended from time to time. 5789 |
|---|
| 9308 | + | (d) If the [executive director] commissioner, or the [executive 5790 |
|---|
| 9309 | + | director's] commissioner's designee, determines, at any time during a 5791 |
|---|
| 9310 | + | school's authorization period, that such school is out of compliance with 5792 |
|---|
| 9311 | + | the conditions of authorization under sections 10a-22a to 10a-22o, 5793 |
|---|
| 9312 | + | inclusive, and any applicable regulations of Connecticut state agencies, 5794 |
|---|
| 9313 | + | the school may be placed on probation for a period not to exceed one 5795 |
|---|
| 9314 | + | year. If, after the period of one year of probationary status, the school 5796 |
|---|
| 9315 | + | remains out of compliance with the conditions of authorization, the 5797 |
|---|
| 9316 | + | [executive director] commissioner may revoke such school's certificate 5798 |
|---|
| 9317 | + | of authorization to operate as a private career school pursuant to section 5799 |
|---|
| 9318 | + | 10a-22f. During the school's period of probation, the school shall post its 5800 |
|---|
| 9319 | + | probationary certificate of authorization in public view. The Office of 5801 |
|---|
| 9320 | + | Higher Education may publish the school's probationary certificate of 5802 |
|---|
| 9321 | + | authorization status. 5803 |
|---|
| 9322 | + | (e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, 5804 |
|---|
| 9323 | + | inclusive, the [executive director] commissioner may authorize the 5805 |
|---|
| 9324 | + | extension of the most recent certificate of authorization for a period not 5806 |
|---|
| 9325 | + | to exceed sixty days for good cause shown, provided such extension 5807 |
|---|
| 9326 | + | shall not change the date of the original certificate's issuance or the date 5808 |
|---|
| 9327 | + | for each renewal. 5809 |
|---|
| 9328 | + | (f) After the first year of authorization, each private career school 5810 |
|---|
| 9329 | + | shall pay a nonrefundable annual fee to the private career school student 5811 |
|---|
| 9330 | + | protection account in the amount of two hundred dollars for the private 5812 |
|---|
| 9331 | + | career school and two hundred dollars for each branch of a private 5813 |
|---|
| 9332 | + | career school, except that, any annual fee paid on and after the effective 5814 |
|---|
| 9333 | + | date of the regulations adopted pursuant to section 10a-22k, shall be in 5815 |
|---|
| 9334 | + | the amount specified in such regulations. The annual fee shall be due 5816 |
|---|
| 9335 | + | Bill No. |
|---|
| 9336 | + | |
|---|
| 9337 | + | |
|---|
| 9338 | + | |
|---|
| 9339 | + | LCO No. 5697 225 of 350 |
|---|
| 9340 | + | |
|---|
| 9341 | + | and payable for each year after the first year of authorization that the 5817 |
|---|
| 9342 | + | private career school and any branch of a private career school is 5818 |
|---|
| 9343 | + | authorized by the [executive director] commissioner to offer career 5819 |
|---|
| 9344 | + | instruction. Such annual fee shall be in addition to any renewal fee 5820 |
|---|
| 9345 | + | assessed under this section. 5821 |
|---|
| 9346 | + | (g) Each private career school shall keep financial records in 5822 |
|---|
| 9347 | + | conformity with generally accepted accounting principles. An annual 5823 |
|---|
| 9348 | + | financial statement detailing the financial status of the school shall be 5824 |
|---|
| 9349 | + | prepared by school management and reviewed or audited, or, for a 5825 |
|---|
| 9350 | + | nonaccredited school annually receiving less than fifty thousand dollars 5826 |
|---|
| 9351 | + | in tuition revenue, compiled, by a licensed certified public accountant 5827 |
|---|
| 9352 | + | or licensed public accountant in accordance with standards established 5828 |
|---|
| 9353 | + | by the American Institute of Certified Public Accountants. A copy of 5829 |
|---|
| 9354 | + | such financial statement shall be filed with the [executive director] 5830 |
|---|
| 9355 | + | commissioner on or before the last day of the fourth month following 5831 |
|---|
| 9356 | + | the end of the school's fiscal year, except in the case of a nationally 5832 |
|---|
| 9357 | + | accredited school recognized by the United States Department of 5833 |
|---|
| 9358 | + | Education, in which case such financial statement shall be due on or 5834 |
|---|
| 9359 | + | before the last day of the sixth month following the end of the school's 5835 |
|---|
| 9360 | + | fiscal year. Only audited financial statements shall be accepted from a 5836 |
|---|
| 9361 | + | nationally accredited school. Upon a nonaccredited school's written 5837 |
|---|
| 9362 | + | request, the [executive director] commissioner may authorize, for good 5838 |
|---|
| 9363 | + | cause shown, a filing extension for a period not to exceed sixty days. No 5839 |
|---|
| 9364 | + | filing extensions shall be granted to a nationally accredited school. 5840 |
|---|
| 9365 | + | (h) The failure of any private career school to submit an application 5841 |
|---|
| 9366 | + | to the Office of Higher Education for the renewal of a certificate of 5842 |
|---|
| 9367 | + | authorization on or before the date on which it is due may result in the 5843 |
|---|
| 9368 | + | loss of authorization under section 10a-22f. The [executive director] 5844 |
|---|
| 9369 | + | commissioner of said office may deny the renewal of such certificate of 5845 |
|---|
| 9370 | + | authorization if there exists a failure to file such renewal application by 5846 |
|---|
| 9371 | + | the date on which it is due, or the end of any period of extension 5847 |
|---|
| 9372 | + | authorized pursuant to subsection (e) of this section. 5848 |
|---|
| 9373 | + | Bill No. |
|---|
| 9374 | + | |
|---|
| 9375 | + | |
|---|
| 9376 | + | |
|---|
| 9377 | + | LCO No. 5697 226 of 350 |
|---|
| 9378 | + | |
|---|
| 9379 | + | Sec. 150. Section 10a-22e of the general statutes is repealed and the 5849 |
|---|
| 9380 | + | following is substituted in lieu thereof (Effective from passage): 5850 |
|---|
| 9381 | + | (a) During any period of authorization by the [executive director] 5851 |
|---|
| 9382 | + | commissioner to operate as a private career school pursuant to sections 5852 |
|---|
| 9383 | + | 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, 5853 |
|---|
| 9384 | + | such private career school may request revision of the conditions of its 5854 |
|---|
| 9385 | + | authorization. Such school shall make such request to the [executive 5855 |
|---|
| 9386 | + | director] commissioner, in the manner and on such forms prescribed by 5856 |
|---|
| 9387 | + | the [executive director] commissioner sixty days prior to the proposed 5857 |
|---|
| 9388 | + | implementation date of any intended revision. Such revision shall 5858 |
|---|
| 9389 | + | include, but not be limited to, changes in (1) courses or programs; (2) 5859 |
|---|
| 9390 | + | ownership of the school; (3) name of the school; (4) location of the 5860 |
|---|
| 9391 | + | school's main campus; or (5) location of any of the school's additional 5861 |
|---|
| 9392 | + | classroom sites or branch campuses. A private career school requesting 5862 |
|---|
| 9393 | + | revision of the conditions of its authorization based on a change in 5863 |
|---|
| 9394 | + | ownership of the school shall submit an application and letter of credit 5864 |
|---|
| 9395 | + | pursuant to sections 10a-22b and 10a-22c, accompanied by a 5865 |
|---|
| 9396 | + | nonrefundable change of ownership fee made payable to the private 5866 |
|---|
| 9397 | + | career school student protection account under section 10a-22u in the 5867 |
|---|
| 9398 | + | amount of two thousand dollars for the private career school and two 5868 |
|---|
| 9399 | + | hundred dollars for each branch of a private career school in this state, 5869 |
|---|
| 9400 | + | except that, any ownership fee paid on and after the effective date of the 5870 |
|---|
| 9401 | + | regulations adopted pursuant to section 10a-22k, shall be in the amount 5871 |
|---|
| 9402 | + | specified in such regulations. 5872 |
|---|
| 9403 | + | (b) The [executive director] commissioner, or the [executive 5873 |
|---|
| 9404 | + | director's] commissioner's designee, may, not later than thirty days after 5874 |
|---|
| 9405 | + | receipt of a request to revise the conditions of authorization, issue an 5875 |
|---|
| 9406 | + | order prohibiting any such change if it would constitute a material or 5876 |
|---|
| 9407 | + | substantial deviation from the conditions of authorization. 5877 |
|---|
| 9408 | + | (c) If the [executive director] commissioner, or the [executive 5878 |
|---|
| 9409 | + | director's] commissioner's designee, fails to take action upon a request 5879 |
|---|
| 9410 | + | for revision by the thirtieth day following the proposed implementation 5880 |
|---|
| 9411 | + | Bill No. |
|---|
| 9412 | + | |
|---|
| 9413 | + | |
|---|
| 9414 | + | |
|---|
| 9415 | + | LCO No. 5697 227 of 350 |
|---|
| 9416 | + | |
|---|
| 9417 | + | date of the intended revision, such request shall be deemed approved, 5881 |
|---|
| 9418 | + | and the private career school's certificate of authorization shall be so 5882 |
|---|
| 9419 | + | revised for the same period as its current authorization. 5883 |
|---|
| 9420 | + | Sec. 151. Section 10a-22f of the general statutes is repealed and the 5884 |
|---|
| 9421 | + | following is substituted in lieu thereof (Effective from passage): 5885 |
|---|
| 9422 | + | (a) A certificate of authorization issued to a private career school 5886 |
|---|
| 9423 | + | pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u 5887 |
|---|
| 9424 | + | to 10a-22w, inclusive, may be revoked by the [executive director] 5888 |
|---|
| 9425 | + | commissioner if such school (1) ceases to meet the conditions of its 5889 |
|---|
| 9426 | + | authorization; (2) commits a material or substantial violation of sections 5890 |
|---|
| 9427 | + | 10a-22a to 10a-22o, inclusive, or sections 10a-22u to 10a-22w, inclusive, 5891 |
|---|
| 9428 | + | or the regulations prescribed thereunder; (3) makes a false statement 5892 |
|---|
| 9429 | + | about a material fact in application for authorization or renewal; (4) fails 5893 |
|---|
| 9430 | + | to make a required payment to the private career school student 5894 |
|---|
| 9431 | + | protection account pursuant to section 10a-22u; or (5) fails to submit a 5895 |
|---|
| 9432 | + | complete application for a renewal of a certificate of authorization 5896 |
|---|
| 9433 | + | pursuant to section 10a-22d. 5897 |
|---|
| 9434 | + | (b) The [executive director] commissioner, or the [executive 5898 |
|---|
| 9435 | + | director's] commissioner's designee, shall serve written notice, by 5899 |
|---|
| 9436 | + | certified mail, return receipt requested upon a private career school 5900 |
|---|
| 9437 | + | indicating that revocation of the school's authorization is under 5901 |
|---|
| 9438 | + | consideration and the [executive director] commissioner shall set forth 5902 |
|---|
| 9439 | + | the reasons such revocation is being considered. Not later than forty-5903 |
|---|
| 9440 | + | five days after mailing such written notice, the [executive director] 5904 |
|---|
| 9441 | + | commissioner, or the [executive director's] commissioner's designee, 5905 |
|---|
| 9442 | + | shall hold a compliance conference with the private career school. 5906 |
|---|
| 9443 | + | (c) If, after the compliance conference, the [executive director] 5907 |
|---|
| 9444 | + | commissioner determines that revocation of the certificate of 5908 |
|---|
| 9445 | + | authorization is appropriate, the [executive director] commissioner shall 5909 |
|---|
| 9446 | + | issue an order and serve written notice by certified mail, return receipt 5910 |
|---|
| 9447 | + | requested upon the private career school, which notice shall include, but 5911 |
|---|
| 9448 | + | Bill No. |
|---|
| 9449 | + | |
|---|
| 9450 | + | |
|---|
| 9451 | + | |
|---|
| 9452 | + | LCO No. 5697 228 of 350 |
|---|
| 9453 | + | |
|---|
| 9454 | + | not be limited to, the date of the revocation. 5912 |
|---|
| 9455 | + | (d) A private career school aggrieved by the order of the [executive 5913 |
|---|
| 9456 | + | director] commissioner revoking its certificate of authorization 5914 |
|---|
| 9457 | + | pursuant to subsection (c) of this section shall, not later than fifteen days 5915 |
|---|
| 9458 | + | after such order is mailed, request in writing a hearing before the 5916 |
|---|
| 9459 | + | [executive director] commissioner. Such hearing shall be held in 5917 |
|---|
| 9460 | + | accordance with the provisions of chapter 54. 5918 |
|---|
| 9461 | + | Sec. 152. Section 10a-22g of the general statutes is repealed and the 5919 |
|---|
| 9462 | + | following is substituted in lieu thereof (Effective from passage): 5920 |
|---|
| 9463 | + | (a) A private career school which is authorized by the [executive 5921 |
|---|
| 9464 | + | director] commissioner pursuant to sections 10a-22a to 10a-22o, 5922 |
|---|
| 9465 | + | inclusive, and sections 10a-22u to 10a-22w, inclusive, may request 5923 |
|---|
| 9466 | + | authorization to establish and operate additional classroom sites or 5924 |
|---|
| 9467 | + | branch schools, or to offer existing or new programs through a distance 5925 |
|---|
| 9468 | + | learning program, as defined in section 10a-22h, for the purpose of 5926 |
|---|
| 9469 | + | offering the occupational instruction authorized by the [executive 5927 |
|---|
| 9470 | + | director] commissioner, provided the additional classroom site or 5928 |
|---|
| 9471 | + | branch school complies with the provisions of subsection (b) of this 5929 |
|---|
| 9472 | + | section. Such school shall make such request for authorization to operate 5930 |
|---|
| 9473 | + | an additional classroom site or branch school or to offer existing or new 5931 |
|---|
| 9474 | + | programs through a distance learning program, in the manner and on 5932 |
|---|
| 9475 | + | such forms as prescribed by the [executive director] commissioner, at 5933 |
|---|
| 9476 | + | least sixty days prior to the proposed establishment of such additional 5934 |
|---|
| 9477 | + | classroom site or branch school or such distance learning program. 5935 |
|---|
| 9478 | + | (b) The buildings and premises for such additional classroom site or 5936 |
|---|
| 9479 | + | branch school shall meet all applicable state and local fire and zoning 5937 |
|---|
| 9480 | + | requirements, and certificates attesting the same signed by the local fire 5938 |
|---|
| 9481 | + | marshal and zoning enforcement officer shall be filed with the 5939 |
|---|
| 9482 | + | [executive director] commissioner prior to offering such occupational 5940 |
|---|
| 9483 | + | instruction. The additional classroom site or branch school shall be in 5941 |
|---|
| 9484 | + | compliance with the relevant requirements set forth in subsection (g) of 5942 |
|---|
| 9485 | + | Bill No. |
|---|
| 9486 | + | |
|---|
| 9487 | + | |
|---|
| 9488 | + | |
|---|
| 9489 | + | LCO No. 5697 229 of 350 |
|---|
| 9490 | + | |
|---|
| 9491 | + | section 10a-22b, or on and after the effective date of the regulations 5943 |
|---|
| 9492 | + | adopted pursuant to section 10a-22k, the requirements set forth in such 5944 |
|---|
| 9493 | + | regulations. 5945 |
|---|
| 9494 | + | (c) The [executive director] commissioner, or the [executive 5946 |
|---|
| 9495 | + | director's] commissioner's designee, not later than thirty days after the 5947 |
|---|
| 9496 | + | proposed date for establishment of a branch school, may issue an order 5948 |
|---|
| 9497 | + | prohibiting any such establishment of a branch school if it would 5949 |
|---|
| 9498 | + | constitute a material or substantial deviation from the conditions of 5950 |
|---|
| 9499 | + | authorization or if the private career school fails to meet the 5951 |
|---|
| 9500 | + | requirements set forth in subsection (b) of this section. 5952 |
|---|
| 9501 | + | (d) If the [executive director] commissioner, or the [executive 5953 |
|---|
| 9502 | + | director's] commissioner's designee, fails to take action upon the request 5954 |
|---|
| 9503 | + | for revision by the thirtieth day after the proposed date for 5955 |
|---|
| 9504 | + | establishment of such additional classroom site or branch school or such 5956 |
|---|
| 9505 | + | distance learning program, such request shall be deemed approved. 5957 |
|---|
| 9506 | + | Sec. 153. Section 10a-22i of the general statutes is repealed and the 5958 |
|---|
| 9507 | + | following is substituted in lieu thereof (Effective from passage): 5959 |
|---|
| 9508 | + | (a) The [executive director] commissioner may assess any person, 5960 |
|---|
| 9509 | + | board, partnership, association, corporation, limited liability company 5961 |
|---|
| 9510 | + | or other entity which violates any provision of sections 10a-22a to 10a-5962 |
|---|
| 9511 | + | 22p, inclusive , sections 10a-22u to 10a-22w, inclusive, or regulations 5963 |
|---|
| 9512 | + | adopted pursuant to section 10a-22k, an administrative penalty in an 5964 |
|---|
| 9513 | + | amount not to exceed five hundred dollars for each day of such 5965 |
|---|
| 9514 | + | violation, except that, any administrative penalty assessed on and after 5966 |
|---|
| 9515 | + | the effective date of the regulations adopted pursuant to section 10a-5967 |
|---|
| 9516 | + | 22k, shall be in the amount specified in such regulations. 5968 |
|---|
| 9517 | + | (b) The [executive director] commissioner shall serve written notice 5969 |
|---|
| 9518 | + | upon a private career school when the assessment of such an 5970 |
|---|
| 9519 | + | administrative penalty is under consideration. The notice shall set forth 5971 |
|---|
| 9520 | + | the reasons for the assessment of the penalty. Not later than forty-five 5972 |
|---|
| 9521 | + | days after mailing such notice to the private career school, the [executive 5973 |
|---|
| 9522 | + | Bill No. |
|---|
| 9523 | + | |
|---|
| 9524 | + | |
|---|
| 9525 | + | |
|---|
| 9526 | + | LCO No. 5697 230 of 350 |
|---|
| 9527 | + | |
|---|
| 9528 | + | director] commissioner, or the [executive director's] commissioner's 5974 |
|---|
| 9529 | + | designee, shall hold a compliance conference with the private career 5975 |
|---|
| 9530 | + | school. 5976 |
|---|
| 9531 | + | (c) If, after the compliance conference, the [executive director] 5977 |
|---|
| 9532 | + | commissioner determines that imposition of an administrative penalty 5978 |
|---|
| 9533 | + | is appropriate, the [executive director] commissioner shall issue an 5979 |
|---|
| 9534 | + | order and serve written notice by certified mail, return receipt requested 5980 |
|---|
| 9535 | + | upon the private career school. 5981 |
|---|
| 9536 | + | (d) A private career school aggrieved by the order of the [executive 5982 |
|---|
| 9537 | + | director] commissioner imposing an administrative penalty pursuant to 5983 |
|---|
| 9538 | + | subsection (c) of this section shall, not later than fifteen days after such 5984 |
|---|
| 9539 | + | order is mailed, request in writing a hearing before the [executive 5985 |
|---|
| 9540 | + | director] commissioner. Such hearing shall be held in accordance with 5986 |
|---|
| 9541 | + | the provisions of chapter 54. 5987 |
|---|
| 9542 | + | Sec. 154. Section 10a-22j of the general statutes is repealed and the 5988 |
|---|
| 9543 | + | following is substituted in lieu thereof (Effective from passage): 5989 |
|---|
| 9544 | + | The [executive director] commissioner, through the Attorney 5990 |
|---|
| 9545 | + | General, may seek an order from the Superior Court to prevent any 5991 |
|---|
| 9546 | + | violation of sections 10a-22a to 10a-22p, inclusive, or sections 10a-22u to 5992 |
|---|
| 9547 | + | 10a-22w, inclusive. 5993 |
|---|
| 9548 | + | Sec. 155. Subsection (b) of section 10a-22l of the general statutes is 5994 |
|---|
| 9549 | + | repealed and the following is substituted in lieu thereof (Effective from 5995 |
|---|
| 9550 | + | passage): 5996 |
|---|
| 9551 | + | (b) The [executive director] commissioner, or the [executive 5997 |
|---|
| 9552 | + | director's] commissioner's designee, may conduct an investigation and, 5998 |
|---|
| 9553 | + | through the Attorney General, maintain an action in the name of the 5999 |
|---|
| 9554 | + | state against any person to restrain or prevent the establishment or 6000 |
|---|
| 9555 | + | operation of an institution that does not have a certificate of 6001 |
|---|
| 9556 | + | authorization. 6002 |
|---|
| 9557 | + | Bill No. |
|---|
| 9558 | + | |
|---|
| 9559 | + | |
|---|
| 9560 | + | |
|---|
| 9561 | + | LCO No. 5697 231 of 350 |
|---|
| 9562 | + | |
|---|
| 9563 | + | Sec. 156. Section 10a-22m of the general statutes is repealed and the 6003 |
|---|
| 9564 | + | following is substituted in lieu thereof (Effective from passage): 6004 |
|---|
| 9565 | + | (a) A private career school shall notify the [executive director] 6005 |
|---|
| 9566 | + | commissioner, in writing, at least sixty days prior to closure of such 6006 |
|---|
| 9567 | + | school. The private career school shall provide evidence prior to closing 6007 |
|---|
| 9568 | + | that: (1) All course work is or will be completed by current students at 6008 |
|---|
| 9569 | + | the school; (2) there are no refunds due any students; (3) all student 6009 |
|---|
| 9570 | + | records will be maintained as prescribed in section 10a-22n; (4) final 6010 |
|---|
| 9571 | + | payment has been made to the private career school student protection 6011 |
|---|
| 9572 | + | account; (5) a designation of service form has been filed with the 6012 |
|---|
| 9573 | + | [executive director] commissioner; and (6) the certificate of 6013 |
|---|
| 9574 | + | authorization has been returned to the [executive director] 6014 |
|---|
| 9575 | + | commissioner. 6015 |
|---|
| 9576 | + | (b) Any private career school that fails to meet the requirements 6016 |
|---|
| 9577 | + | outlined in subsection (a) of this section shall be fined not more than five 6017 |
|---|
| 9578 | + | hundred dollars per day for each day of noncompliance, except that, any 6018 |
|---|
| 9579 | + | fine assessed on and after the effective date of the regulations adopted 6019 |
|---|
| 9580 | + | pursuant to section 10a-22k, shall be in the amount specified in such 6020 |
|---|
| 9581 | + | regulations, and pursuant to subdivision (6) of subsection (a) of section 6021 |
|---|
| 9582 | + | 10a-22c, shall be ineligible to be issued a certificate of authorization 6022 |
|---|
| 9583 | + | upon application to operate a private career school. Funds collected 6023 |
|---|
| 9584 | + | pursuant to this subsection shall be placed in the private career student 6024 |
|---|
| 9585 | + | protection account established pursuant to section 10a-22u. 6025 |
|---|
| 9586 | + | (c) If the [executive director] commissioner revokes a private career 6026 |
|---|
| 9587 | + | school's certificate of authorization, such school shall comply with the 6027 |
|---|
| 9588 | + | requirements of subsection (a) of this section. Failure to comply shall 6028 |
|---|
| 9589 | + | result in further penalties at the discretion of the [executive director] 6029 |
|---|
| 9590 | + | commissioner. 6030 |
|---|
| 9591 | + | (d) In the event a private career school fails to meet the requirements 6031 |
|---|
| 9592 | + | set forth in subsection (a) of this section and closes prior to graduating 6032 |
|---|
| 9593 | + | all current students, the [executive director] commissioner may seize the 6033 |
|---|
| 9594 | + | Bill No. |
|---|
| 9595 | + | |
|---|
| 9596 | + | |
|---|
| 9597 | + | |
|---|
| 9598 | + | LCO No. 5697 232 of 350 |
|---|
| 9599 | + | |
|---|
| 9600 | + | letter of credit filed by the private career school pursuant to subsection 6034 |
|---|
| 9601 | + | (d) of section 10a-22c, and such letter of credit shall be made payable to 6035 |
|---|
| 9602 | + | the private career school student protection account. The [executive 6036 |
|---|
| 9603 | + | director] commissioner may expend funds from the private career 6037 |
|---|
| 9604 | + | school student protection account up to the amount necessary to 6038 |
|---|
| 9605 | + | facilitate a teach-out of any remaining students up to and including the 6039 |
|---|
| 9606 | + | issuance of a certificate of completion pursuant to subsection (e) of this 6040 |
|---|
| 9607 | + | section. For purposes of this subsection and subsection (e) of this 6041 |
|---|
| 9608 | + | section, (1) "teach-out" means the completion of instruction of a course 6042 |
|---|
| 9609 | + | or program of study in which a student was enrolled, provided the 6043 |
|---|
| 9610 | + | teach-out includes instruction of the entire program of study when a 6044 |
|---|
| 9611 | + | course is a part of such program of study, and (2) "certificate of 6045 |
|---|
| 9612 | + | completion" means the credential, documented in writing, that is issued 6046 |
|---|
| 9613 | + | to a student who completes a course or program of study offered by a 6047 |
|---|
| 9614 | + | private career school. 6048 |
|---|
| 9615 | + | (e) In the event of a private career school closure that fails to meet the 6049 |
|---|
| 9616 | + | requirements set forth in subsection (a) of this section, the [executive 6050 |
|---|
| 9617 | + | director] commissioner may issue a certificate of completion to each 6051 |
|---|
| 9618 | + | student that, in the [executive director's] commissioner's determination, 6052 |
|---|
| 9619 | + | has successfully completed the student's course or program of study in 6053 |
|---|
| 9620 | + | which the student was enrolled at the private career school. 6054 |
|---|
| 9621 | + | Sec. 157. Section 10a-22n of the general statutes is repealed and the 6055 |
|---|
| 9622 | + | following is substituted in lieu thereof (Effective from passage): 6056 |
|---|
| 9623 | + | (a) A private career school shall maintain, preserve and protect, in a 6057 |
|---|
| 9624 | + | manner approved by the [executive director] commissioner, or the 6058 |
|---|
| 9625 | + | [executive director's] commissioner's designee, all school records 6059 |
|---|
| 9626 | + | including, but not limited to: (1) Student or academic transcripts, 6060 |
|---|
| 9627 | + | including, in a separate file, a duplicate copy of the academic transcript 6061 |
|---|
| 9628 | + | of each student who graduated from such school, and a duplicate copy 6062 |
|---|
| 9629 | + | of the academic transcript of each student enrolled at such school that 6063 |
|---|
| 9630 | + | contains the student's name, address, program of study, length of such 6064 |
|---|
| 9631 | + | program of study, grade point average and courses completed; (2) 6065 |
|---|
| 9632 | + | Bill No. |
|---|
| 9633 | + | |
|---|
| 9634 | + | |
|---|
| 9635 | + | |
|---|
| 9636 | + | LCO No. 5697 233 of 350 |
|---|
| 9637 | + | |
|---|
| 9638 | + | attendance records or other indicators of student progress; (3) copies of 6066 |
|---|
| 9639 | + | individual enrollment agreements or contracts; (4) evidence of tuition 6067 |
|---|
| 9640 | + | payments; and (5) any other documentation as prescribed by the 6068 |
|---|
| 9641 | + | [executive director] commissioner. 6069 |
|---|
| 9642 | + | (b) The [executive director] commissioner, or the [executive 6070 |
|---|
| 9643 | + | director's] commissioner's designee, may at any time during regular 6071 |
|---|
| 9644 | + | business or school hours, with or without notice, visit a private career 6072 |
|---|
| 9645 | + | school. During such visitation, the [executive director] commissioner, or 6073 |
|---|
| 9646 | + | the [executive director's] commissioner's designee, may request an 6074 |
|---|
| 9647 | + | officer or director of the school to produce, and shall be provided with 6075 |
|---|
| 9648 | + | immediate access to, such records or information as are required to 6076 |
|---|
| 9649 | + | verify that the school continues to meet the conditions of authorization. 6077 |
|---|
| 9650 | + | If the [executive director] commissioner determines that such private 6078 |
|---|
| 9651 | + | career school has not maintained, preserved or protected school records 6079 |
|---|
| 9652 | + | in accordance with this section, the [executive director] commissioner 6080 |
|---|
| 9653 | + | may assess an administrative penalty on such private career school 6081 |
|---|
| 9654 | + | pursuant to section 10a-22i. 6082 |
|---|
| 9655 | + | (c) If a school ceases to operate as a private career school, it shall (1) 6083 |
|---|
| 9656 | + | immediately transmit all student or academic transcripts, described in 6084 |
|---|
| 9657 | + | subdivision (1) of subsection (a) of this section, to the [executive 6085 |
|---|
| 9658 | + | director] commissioner, and (2) keep the [executive director] 6086 |
|---|
| 9659 | + | commissioner advised in writing as to the location and availability of all 6087 |
|---|
| 9660 | + | other student records or shall file all such other student records with the 6088 |
|---|
| 9661 | + | [executive director] commissioner. 6089 |
|---|
| 9662 | + | (d) The [executive director] commissioner shall maintain all records, 6090 |
|---|
| 9663 | + | files and other documents associated with private career schools in a 6091 |
|---|
| 9664 | + | manner consistent with the mission and responsibilities of the Office of 6092 |
|---|
| 9665 | + | Higher Education. 6093 |
|---|
| 9666 | + | Sec. 158. Section 10a-22o of the general statutes is repealed and the 6094 |
|---|
| 9667 | + | following is substituted in lieu thereof (Effective from passage): 6095 |
|---|
| 9668 | + | (a) The [executive director] commissioner, through the Attorney 6096 |
|---|
| 9669 | + | Bill No. |
|---|
| 9670 | + | |
|---|
| 9671 | + | |
|---|
| 9672 | + | |
|---|
| 9673 | + | LCO No. 5697 234 of 350 |
|---|
| 9674 | + | |
|---|
| 9675 | + | General, may petition the superior court for the judicial district of 6097 |
|---|
| 9676 | + | Hartford for the enforcement of any order issued by the [executive 6098 |
|---|
| 9677 | + | director] commissioner, and for other appropriate relief. The court may 6099 |
|---|
| 9678 | + | issue such orders as are appropriate to aid in enforcement. 6100 |
|---|
| 9679 | + | (b) The [executive director] commissioner, or the [executive 6101 |
|---|
| 9680 | + | director's] commissioner's designee, may conduct any necessary review, 6102 |
|---|
| 9681 | + | inspection or investigation regarding applications for certificates of 6103 |
|---|
| 9682 | + | authorization or possible violations of sections 10a-22a to 10a-22p, 6104 |
|---|
| 9683 | + | inclusive, or any applicable regulations of Connecticut state agencies. In 6105 |
|---|
| 9684 | + | connection with any investigation, the [executive director] 6106 |
|---|
| 9685 | + | commissioner or the [executive director's] commissioner's designee, 6107 |
|---|
| 9686 | + | may administer oaths, issue subpoenas, compel testimony and order the 6108 |
|---|
| 9687 | + | production of any record or document. If any person refuses to appear, 6109 |
|---|
| 9688 | + | testify or produce any record or document when so ordered, the 6110 |
|---|
| 9689 | + | [executive director] commissioner may seek relief pursuant to 6111 |
|---|
| 9690 | + | subsection (a) of this section. 6112 |
|---|
| 9691 | + | Sec. 159. Section 10a-22p of the general statutes is repealed and the 6113 |
|---|
| 9692 | + | following is substituted in lieu thereof (Effective from passage): 6114 |
|---|
| 9693 | + | (a) On and after January 1, 2020, any private career school, as defined 6115 |
|---|
| 9694 | + | in section 10a-22a, that requires any student, as a condition of 6116 |
|---|
| 9695 | + | enrollment, to enter into an agreement that (1) limits participation in a 6117 |
|---|
| 9696 | + | class action against such school, (2) limits any claim the student may 6118 |
|---|
| 9697 | + | have against such school or the damages for such claim, or (3) requires 6119 |
|---|
| 9698 | + | the student to assert any claim against such school in a forum that is less 6120 |
|---|
| 9699 | + | convenient, more costly or more dilatory for the resolution of a dispute 6121 |
|---|
| 9700 | + | than a judicial forum established in the state where the student may 6122 |
|---|
| 9701 | + | otherwise properly bring a claim, shall include in its application to the 6123 |
|---|
| 9702 | + | Office of Higher Education for initial or renewed certificate of 6124 |
|---|
| 9703 | + | authorization pursuant to sections 10a-22b and 10a-22d, a statement (A) 6125 |
|---|
| 9704 | + | disclosing the number of claims made against the school, including 6126 |
|---|
| 9705 | + | claims made against a parent organization or subsidiary of the school, 6127 |
|---|
| 9706 | + | by a student currently or formerly enrolled at the school, (B) describing 6128 |
|---|
| 9707 | + | Bill No. |
|---|
| 9708 | + | |
|---|
| 9709 | + | |
|---|
| 9710 | + | |
|---|
| 9711 | + | LCO No. 5697 235 of 350 |
|---|
| 9712 | + | |
|---|
| 9713 | + | the nature of the rights asserted, and (C) updating the status of such 6129 |
|---|
| 9714 | + | claims. The school shall submit additional details regarding such claims 6130 |
|---|
| 9715 | + | as the [executive director of the Office] Commissioner of Higher 6131 |
|---|
| 9716 | + | Education may require. 6132 |
|---|
| 9717 | + | (b) The [executive director of the Office] Commissioner of Higher 6133 |
|---|
| 9718 | + | Education may deny the application for initial or renewed certificate of 6134 |
|---|
| 9719 | + | authorization of a private career school or consider a private career 6135 |
|---|
| 9720 | + | school ineligible to receive any public funds, including, but not limited 6136 |
|---|
| 9721 | + | to, federal funds administered by the office pursuant to section 10a-45 if 6137 |
|---|
| 9722 | + | (1) such school fails to include the statement required under subsection 6138 |
|---|
| 9723 | + | (a) of this section in its application, or (2) upon review of such statement, 6139 |
|---|
| 9724 | + | the [executive director] commissioner determines that the public policy 6140 |
|---|
| 9725 | + | of protecting the interests of students in the state requires such denial. 6141 |
|---|
| 9726 | + | (c) The [executive director of the Office] Commissioner of Higher 6142 |
|---|
| 9727 | + | Education shall have the authority granted under sections 10a-22i, 10a-6143 |
|---|
| 9728 | + | 22j and 10a-22o to investigate and enforce the provisions of subsections 6144 |
|---|
| 9729 | + | (a) and (b) of this section. 6145 |
|---|
| 9730 | + | Sec. 160. Section 10a-22r of the general statutes is repealed and the 6146 |
|---|
| 9731 | + | following is substituted in lieu thereof (Effective from passage): 6147 |
|---|
| 9732 | + | Upon the availability of funds to award financial aid grants from the 6148 |
|---|
| 9733 | + | private career school student benefit account, there shall be established 6149 |
|---|
| 9734 | + | an advisory committee to the [executive director] commissioner 6150 |
|---|
| 9735 | + | consisting of seven members appointed by the [executive director] 6151 |
|---|
| 9736 | + | commissioner, including a representative of the private career schools, 6152 |
|---|
| 9737 | + | a representative from the Office of Higher Education and five members 6153 |
|---|
| 9738 | + | chosen from business or industry, state legislators, private career school 6154 |
|---|
| 9739 | + | alumni and the general public. Three of the members first appointed to 6155 |
|---|
| 9740 | + | the committee shall be appointed for a term of three years and four of 6156 |
|---|
| 9741 | + | the members first appointed shall be appointed for a term of two years. 6157 |
|---|
| 9742 | + | Thereafter, all members shall be appointed for a term of two years. The 6158 |
|---|
| 9743 | + | [executive director] commissioner shall administer the private career 6159 |
|---|
| 9744 | + | Bill No. |
|---|
| 9745 | + | |
|---|
| 9746 | + | |
|---|
| 9747 | + | |
|---|
| 9748 | + | LCO No. 5697 236 of 350 |
|---|
| 9749 | + | |
|---|
| 9750 | + | school student benefit account, established pursuant to section 10a-22u, 6160 |
|---|
| 9751 | + | with the advice of the advisory committee in accordance with the 6161 |
|---|
| 9752 | + | provisions of this section and sections 10a-22s and 10a-22t and may 6162 |
|---|
| 9753 | + | assess the account for all direct expenses incurred in the implementation 6163 |
|---|
| 9754 | + | of this section. The account shall be used to award financial aid grants 6164 |
|---|
| 9755 | + | for the benefit of private career school students. The grants shall be paid 6165 |
|---|
| 9756 | + | to the private career school designated by the grant recipient to be 6166 |
|---|
| 9757 | + | applied against the tuition expenses of such recipient. If the balance of 6167 |
|---|
| 9758 | + | the student protection account is five per cent or less of the annual net 6168 |
|---|
| 9759 | + | tuition income of the schools which make payments to the account 6169 |
|---|
| 9760 | + | pursuant to section 10a-22u, any unallocated funds in the student 6170 |
|---|
| 9761 | + | benefit account shall be transferred to the private career school student 6171 |
|---|
| 9762 | + | protection account. 6172 |
|---|
| 9763 | + | Sec. 161. Section 10a-22s of the general statutes is repealed and the 6173 |
|---|
| 9764 | + | following is substituted in lieu thereof (Effective from passage): 6174 |
|---|
| 9765 | + | The [executive director] commissioner, with the advice of the 6175 |
|---|
| 9766 | + | advisory committee, shall establish the criteria for awarding financial 6176 |
|---|
| 9767 | + | aid grants. Applications for grants shall be submitted on such forms and 6177 |
|---|
| 9768 | + | in such manner as the [executive director] commissioner, with the 6178 |
|---|
| 9769 | + | advice of the advisory committee, shall prescribe. The [executive 6179 |
|---|
| 9770 | + | director] commissioner shall establish policies, with the advice of the 6180 |
|---|
| 9771 | + | advisory committee, for the return of any portion of a financial aid grant, 6181 |
|---|
| 9772 | + | representing tuition of a student, which would otherwise be refundable. 6182 |
|---|
| 9773 | + | Sec. 162. Section 10a-22u of the general statutes is repealed and the 6183 |
|---|
| 9774 | + | following is substituted in lieu thereof (Effective from passage): 6184 |
|---|
| 9775 | + | (a) There shall be an account to be known as the private career school 6185 |
|---|
| 9776 | + | student protection account within the General Fund. Each private career 6186 |
|---|
| 9777 | + | school authorized in accordance with the provisions of sections 10a-22a 6187 |
|---|
| 9778 | + | to 10a-22o, inclusive, shall pay to the State Treasurer an amount equal 6188 |
|---|
| 9779 | + | to four-tenths of one per cent of the tuition received by such school per 6189 |
|---|
| 9780 | + | calendar quarter exclusive of any refunds paid, except that distance 6190 |
|---|
| 9781 | + | Bill No. |
|---|
| 9782 | + | |
|---|
| 9783 | + | |
|---|
| 9784 | + | |
|---|
| 9785 | + | LCO No. 5697 237 of 350 |
|---|
| 9786 | + | |
|---|
| 9787 | + | learning and correspondence schools authorized in accordance with the 6191 |
|---|
| 9788 | + | provisions of section 10a-22h, shall contribute to said account only for 6192 |
|---|
| 9789 | + | Connecticut residents enrolled in such schools. Payments shall be made 6193 |
|---|
| 9790 | + | by January thirtieth, April thirtieth, July thirtieth and October thirtieth 6194 |
|---|
| 9791 | + | in each year for tuition received during the three months next preceding 6195 |
|---|
| 9792 | + | the month of payment. In addition to amounts received based on tuition, 6196 |
|---|
| 9793 | + | the account shall also contain any amount required to be deposited into 6197 |
|---|
| 9794 | + | the account pursuant to sections 10a-22a to 10a-22o, inclusive. Said 6198 |
|---|
| 9795 | + | account shall be used for the purposes of section 10a-22v. Any interest, 6199 |
|---|
| 9796 | + | income and dividends derived from the investment of the account shall 6200 |
|---|
| 9797 | + | be credited to the account. All direct expenses for the maintenance of 6201 |
|---|
| 9798 | + | the account may be charged to the account upon the order of the State 6202 |
|---|
| 9799 | + | Comptroller. The [executive director] commissioner may assess the 6203 |
|---|
| 9800 | + | account for all direct expenses incurred in the implementation of the 6204 |
|---|
| 9801 | + | purposes of this section which are in excess of the normal expenditures 6205 |
|---|
| 9802 | + | of the Office of Higher Education. 6206 |
|---|
| 9803 | + | (b) Payments required pursuant to subsection (a) of this section shall 6207 |
|---|
| 9804 | + | be a condition of doing business in the state and failure to make any 6208 |
|---|
| 9805 | + | such payment within thirty days following the date on which it is due 6209 |
|---|
| 9806 | + | shall result in the loss of authorization under section 10a-22f. Such 6210 |
|---|
| 9807 | + | authorization shall not be issued or renewed if there exists a failure to 6211 |
|---|
| 9808 | + | make any such payment in excess of thirty days following the date on 6212 |
|---|
| 9809 | + | which it is due. 6213 |
|---|
| 9810 | + | (c) If an audit conducted by the Office of Higher Education 6214 |
|---|
| 9811 | + | determines that a school has paid into the private career school student 6215 |
|---|
| 9812 | + | protection account an amount less than was required, the school shall 6216 |
|---|
| 9813 | + | pay such amount plus a penalty of ten per cent of the amount required 6217 |
|---|
| 9814 | + | to the State Treasurer within thirty days of receipt of notice from the 6218 |
|---|
| 9815 | + | [executive director] commissioner or the [executive director's] 6219 |
|---|
| 9816 | + | commissioner's designee of the amount of the underpayment and 6220 |
|---|
| 9817 | + | penalty. 6221 |
|---|
| 9818 | + | (d) If an audit conducted by the Office of Higher Education 6222 |
|---|
| 9819 | + | Bill No. |
|---|
| 9820 | + | |
|---|
| 9821 | + | |
|---|
| 9822 | + | |
|---|
| 9823 | + | LCO No. 5697 238 of 350 |
|---|
| 9824 | + | |
|---|
| 9825 | + | determines that a school has paid into the private career school student 6223 |
|---|
| 9826 | + | protection account an amount more than was required, subsequent 6224 |
|---|
| 9827 | + | payment or payments by the school shall be appropriately credited until 6225 |
|---|
| 9828 | + | such credited payment or payments equal the amount of the 6226 |
|---|
| 9829 | + | overpayment. 6227 |
|---|
| 9830 | + | Sec. 163. Section 10a-22v of the general statutes is repealed and the 6228 |
|---|
| 9831 | + | following is substituted in lieu thereof (Effective from passage): 6229 |
|---|
| 9832 | + | Any student enrolled in a private career school authorized in 6230 |
|---|
| 9833 | + | accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, 6231 |
|---|
| 9834 | + | who is unable to complete an approved course or unit of instruction at 6232 |
|---|
| 9835 | + | such school because of the insolvency or cessation of operation of the 6233 |
|---|
| 9836 | + | school and who has paid tuition for such course or unit of instruction, 6234 |
|---|
| 9837 | + | may, not later than two years after the date on which such school 6235 |
|---|
| 9838 | + | became insolvent or ceased operations, make application to the 6236 |
|---|
| 9839 | + | [executive director] commissioner for a refund of tuition from the 6237 |
|---|
| 9840 | + | account established pursuant to section 10a-22u to the extent that such 6238 |
|---|
| 9841 | + | account exists or has reached the level necessary to pay outstanding 6239 |
|---|
| 9842 | + | approved claims, except that in the case of distance learning and 6240 |
|---|
| 9843 | + | correspondence schools authorized in accordance with the provisions of 6241 |
|---|
| 9844 | + | section 10a-22h, only Connecticut residents enrolled in such schools 6242 |
|---|
| 9845 | + | may be eligible for such refund. Upon such application, the [executive 6243 |
|---|
| 9846 | + | director] commissioner shall determine whether the applicant is unable 6244 |
|---|
| 9847 | + | to complete a course or unit of instruction because of the insolvency or 6245 |
|---|
| 9848 | + | cessation of operation of the school to which tuition has been paid. The 6246 |
|---|
| 9849 | + | [executive director] commissioner may summon by subpoena any 6247 |
|---|
| 9850 | + | person, records or documents pertinent to the making of a 6248 |
|---|
| 9851 | + | determination regarding insolvency or cessation of operation. For the 6249 |
|---|
| 9852 | + | purpose of making any tuition refund pursuant to this section, a school 6250 |
|---|
| 9853 | + | shall be deemed to have ceased operation whenever it has failed to 6251 |
|---|
| 9854 | + | complete a course or unit of instruction for which the student has paid 6252 |
|---|
| 9855 | + | a tuition fee and, as a result, the school's authorization has been revoked 6253 |
|---|
| 9856 | + | pursuant to section 10a-22f. If the [executive director] commissioner 6254 |
|---|
| 9857 | + | finds that the applicant is entitled to a refund of tuition because of the 6255 |
|---|
| 9858 | + | Bill No. |
|---|
| 9859 | + | |
|---|
| 9860 | + | |
|---|
| 9861 | + | |
|---|
| 9862 | + | LCO No. 5697 239 of 350 |
|---|
| 9863 | + | |
|---|
| 9864 | + | insolvency or cessation of operation of the school, the [executive 6256 |
|---|
| 9865 | + | director] commissioner shall determine the amount of an appropriate 6257 |
|---|
| 9866 | + | refund which shall be equal to the tuition paid for the uncompleted 6258 |
|---|
| 9867 | + | course or unit of instruction. Thereafter the [executive director] 6259 |
|---|
| 9868 | + | commissioner shall direct the State Treasurer to pay, per order of the 6260 |
|---|
| 9869 | + | Comptroller, the refund to the applicant or persons, agencies or 6261 |
|---|
| 9870 | + | organizations indicated by the applicant who have paid tuition on the 6262 |
|---|
| 9871 | + | student's behalf. If the student is a minor, payment shall be made to the 6263 |
|---|
| 9872 | + | student's parent, parents or legal guardian. In no event shall a refund be 6264 |
|---|
| 9873 | + | made from the student protection account for any financial aid provided 6265 |
|---|
| 9874 | + | to or on behalf of any student in accordance with the provisions of Title 6266 |
|---|
| 9875 | + | IV, Part B of the Higher Education Act of 1965, as amended from time 6267 |
|---|
| 9876 | + | to time. Each recipient of a tuition refund made in accordance with the 6268 |
|---|
| 9877 | + | provisions of this section shall assign all rights to the state of any action 6269 |
|---|
| 9878 | + | against the school or its owner or owners for tuition amounts 6270 |
|---|
| 9879 | + | reimbursed pursuant to this section. Upon such assignment, the state 6271 |
|---|
| 9880 | + | may take appropriate action against the school or its owner or owners 6272 |
|---|
| 9881 | + | in order to reimburse the student protection account for any expenses 6273 |
|---|
| 9882 | + | or claims that are paid from the account and to reimburse the state for 6274 |
|---|
| 9883 | + | the reasonable and necessary expenses in undertaking such action. Any 6275 |
|---|
| 9884 | + | student who falsifies information on an application for tuition 6276 |
|---|
| 9885 | + | reimbursement shall lose his or her right to any refund from the account. 6277 |
|---|
| 9886 | + | Sec. 164. Subsections (e) and (f) of section 10a-34 of the 2024 6278 |
|---|
| 9887 | + | supplement to the general statutes are repealed and the following is 6279 |
|---|
| 9888 | + | substituted in lieu thereof (Effective from passage): 6280 |
|---|
| 9889 | + | (e) If the [executive director of the Office] Commissioner of Higher 6281 |
|---|
| 9890 | + | Education, or the [executive director's] commissioner's designee, 6282 |
|---|
| 9891 | + | determines that further review of an application is needed due at least 6283 |
|---|
| 9892 | + | in part to the applicant offering instruction in a new program of higher 6284 |
|---|
| 9893 | + | learning or new degree level or the financial condition of the institution 6285 |
|---|
| 9894 | + | of higher education is determined to be at risk of imminent closure as a 6286 |
|---|
| 9895 | + | result of a financial screening conducted pursuant to the provisions of 6287 |
|---|
| 9896 | + | section 10a-34h, then the [executive director] commissioner or the 6288 |
|---|
| 9897 | + | Bill No. |
|---|
| 9898 | + | |
|---|
| 9899 | + | |
|---|
| 9900 | + | |
|---|
| 9901 | + | LCO No. 5697 240 of 350 |
|---|
| 9902 | + | |
|---|
| 9903 | + | [executive director's] commissioner's designee shall conduct a focused 6289 |
|---|
| 9904 | + | or on-site review. Such applicant shall have an opportunity to state any 6290 |
|---|
| 9905 | + | objection regarding any individual selected to review an application on 6291 |
|---|
| 9906 | + | behalf of the [executive director] commissioner. For purposes of this 6292 |
|---|
| 9907 | + | subsection and subsection (f) of this section, "focused review" means a 6293 |
|---|
| 9908 | + | review by an out-of-state curriculum expert; and "on-site review" means 6294 |
|---|
| 9909 | + | a full team evaluation by the office at the institution of higher education. 6295 |
|---|
| 9910 | + | (f) The [executive director of the Office] Commissioner of Higher 6296 |
|---|
| 9911 | + | Education, or the [executive director's] commissioner's designee, may 6297 |
|---|
| 9912 | + | require (1) a focused or on-site review of any program application in a 6298 |
|---|
| 9913 | + | field requiring a license to practice in Connecticut, and (2) evidence that 6299 |
|---|
| 9914 | + | a program application in a field requiring a license to practice in 6300 |
|---|
| 9915 | + | Connecticut meets the state or federal licensing requirements for such 6301 |
|---|
| 9916 | + | license. 6302 |
|---|
| 9917 | + | Sec. 165. Section 10a-34a of the general statutes is repealed and the 6303 |
|---|
| 9918 | + | following is substituted in lieu thereof (Effective from passage): 6304 |
|---|
| 9919 | + | (a) The [executive director of the Office] Commissioner of Higher 6305 |
|---|
| 9920 | + | Education may assess any person, school, board, association or 6306 |
|---|
| 9921 | + | corporation which violates any provision of section 10a-34, 10a-34g 6307 |
|---|
| 9922 | + | or10a-35 an administrative penalty in an amount not to exceed five 6308 |
|---|
| 9923 | + | hundred dollars for each day of such violation. 6309 |
|---|
| 9924 | + | (b) (1) The [executive director of the Office] Commissioner of Higher 6310 |
|---|
| 9925 | + | Education shall serve written notice upon the person, school, board, 6311 |
|---|
| 9926 | + | association or corporation when the assessment of such an 6312 |
|---|
| 9927 | + | administrative penalty is under consideration. The notice shall set forth 6313 |
|---|
| 9928 | + | the reasons for the assessment of the penalty. 6314 |
|---|
| 9929 | + | (2) Not later than forty-five days after the [executive director] 6315 |
|---|
| 9930 | + | commissioner or the [executive director's] commissioner's designee 6316 |
|---|
| 9931 | + | mails notice pursuant to subdivision (1) of this subsection to such 6317 |
|---|
| 9932 | + | person, school, board, association or corporation, the [executive 6318 |
|---|
| 9933 | + | director] commissioner or the [executive director's] commissioner's 6319 |
|---|
| 9934 | + | Bill No. |
|---|
| 9935 | + | |
|---|
| 9936 | + | |
|---|
| 9937 | + | |
|---|
| 9938 | + | LCO No. 5697 241 of 350 |
|---|
| 9939 | + | |
|---|
| 9940 | + | designee shall hold a compliance conference with such person, school, 6320 |
|---|
| 9941 | + | board, association or corporation. 6321 |
|---|
| 9942 | + | (c) If, after the compliance conference pursuant to subsection (b) of 6322 |
|---|
| 9943 | + | this section, the [executive director] commissioner determines that 6323 |
|---|
| 9944 | + | imposition of the administrative penalty is appropriate, the [executive 6324 |
|---|
| 9945 | + | director] commissioner shall issue an order and serve written notice by 6325 |
|---|
| 9946 | + | certified mail, return receipt requested upon the person, school, board, 6326 |
|---|
| 9947 | + | association or corporation. 6327 |
|---|
| 9948 | + | (d) The person, school, board, association or corporation aggrieved 6328 |
|---|
| 9949 | + | by the order of the [executive director] commissioner imposing an 6329 |
|---|
| 9950 | + | administrative penalty pursuant to subsection (c) of this section shall, 6330 |
|---|
| 9951 | + | not later than fifteen days after such order is mailed, request, in writing, 6331 |
|---|
| 9952 | + | a hearing before the Office of Higher Education. Such hearing shall be 6332 |
|---|
| 9953 | + | held in accordance with the provisions of chapter 54. 6333 |
|---|
| 9954 | + | Sec. 166. Section 10a-34b of the general statutes is repealed and the 6334 |
|---|
| 9955 | + | following is substituted in lieu thereof (Effective from passage): 6335 |
|---|
| 9956 | + | The [executive director] Commissioner of Higher Education, through 6336 |
|---|
| 9957 | + | the Attorney General, may seek an order from the Superior Court to 6337 |
|---|
| 9958 | + | prevent any violation of sections 10a-34, 10a-34g and 10a-35 through the 6338 |
|---|
| 9959 | + | use of an injunction in accordance with the provisions of chapter 916. 6339 |
|---|
| 9960 | + | Sec. 167. Section 10a-34c of the general statutes is repealed and the 6340 |
|---|
| 9961 | + | following is substituted in lieu thereof (Effective from passage): 6341 |
|---|
| 9962 | + | The [executive director of the Office] Commissioner of Higher 6342 |
|---|
| 9963 | + | Education may conduct an investigation and, through the Attorney 6343 |
|---|
| 9964 | + | General, maintain an action in the name of the state against any person, 6344 |
|---|
| 9965 | + | school, board, association or corporation to restrain or prevent the 6345 |
|---|
| 9966 | + | establishment or operation of an institution that is not authorized to 6346 |
|---|
| 9967 | + | award degrees by the Office of Higher Education pursuant to the 6347 |
|---|
| 9968 | + | provisions of section 10a-34. 6348 |
|---|
| 9969 | + | Bill No. |
|---|
| 9970 | + | |
|---|
| 9971 | + | |
|---|
| 9972 | + | |
|---|
| 9973 | + | LCO No. 5697 242 of 350 |
|---|
| 9974 | + | |
|---|
| 9975 | + | Sec. 168. Section 10a-34d of the general statutes is repealed and the 6349 |
|---|
| 9976 | + | following is substituted in lieu thereof (Effective from passage): 6350 |
|---|
| 9977 | + | The Office of Higher Education, through the Attorney General, may 6351 |
|---|
| 9978 | + | petition the superior court for the judicial district of Hartford for the 6352 |
|---|
| 9979 | + | enforcement of any order issued by the office or the [executive director] 6353 |
|---|
| 9980 | + | Commissioner of Higher Education, and for other appropriate relief. 6354 |
|---|
| 9981 | + | The court may issue such orders as are appropriate to aid in 6355 |
|---|
| 9982 | + | enforcement. 6356 |
|---|
| 9983 | + | Sec. 169. Subsections (a) and (b) of section 10a-34e of the general 6357 |
|---|
| 9984 | + | statutes are repealed and the following is substituted in lieu thereof 6358 |
|---|
| 9985 | + | (Effective from passage): 6359 |
|---|
| 9986 | + | (a) The Office of Higher Education may conduct any necessary 6360 |
|---|
| 9987 | + | review, inspection or investigation regarding applications for 6361 |
|---|
| 9988 | + | authorization or possible violations of this section, sections 10a-34 to 6362 |
|---|
| 9989 | + | 10a-34d, inclusive, section 10a-34g or any applicable regulations of 6363 |
|---|
| 9990 | + | Connecticut state agencies. In connection with any investigation, the 6364 |
|---|
| 9991 | + | [executive director] Commissioner of Higher Education or the 6365 |
|---|
| 9992 | + | [executive director's] commissioner's designee, may administer oaths, 6366 |
|---|
| 9993 | + | issue subpoenas, compel testimony and order the production of any 6367 |
|---|
| 9994 | + | record or document. If any person refuses to appear, testify or produce 6368 |
|---|
| 9995 | + | any record or document when so ordered, the [executive director] 6369 |
|---|
| 9996 | + | commissioner may seek relief pursuant to section 10a-34d. 6370 |
|---|
| 9997 | + | (b) If the [executive director of the Office] Commissioner of Higher 6371 |
|---|
| 9998 | + | Education determines that an institution of higher education that is not 6372 |
|---|
| 9999 | + | regionally accredited is exhibiting financial and administrative 6373 |
|---|
| 10000 | + | indicators that such institution is in danger of closing, the [executive 6374 |
|---|
| 10001 | + | director] commissioner may require such institution to facilitate a teach-6375 |
|---|
| 10002 | + | out, as defined in section 10a-22m, provided the [executive director] 6376 |
|---|
| 10003 | + | commissioner and such institution previously discussed a teach-out that 6377 |
|---|
| 10004 | + | ensures that current students of such institution are able to complete 6378 |
|---|
| 10005 | + | their programs without significant impact. 6379 |
|---|
| 10006 | + | Bill No. |
|---|
| 10007 | + | |
|---|
| 10008 | + | |
|---|
| 10009 | + | |
|---|
| 10010 | + | LCO No. 5697 243 of 350 |
|---|
| 10011 | + | |
|---|
| 10012 | + | Sec. 170. Section 10a-34g of the general statutes is repealed and the 6380 |
|---|
| 10013 | + | following is substituted in lieu thereof (Effective from passage): 6381 |
|---|
| 10014 | + | (a) On and after January 1, 2020, any for-profit institution of higher 6382 |
|---|
| 10015 | + | education licensed to operate in the state that requires any student, as a 6383 |
|---|
| 10016 | + | condition of enrollment, to enter into an agreement that (1) limits 6384 |
|---|
| 10017 | + | participation in a class action against such institution, (2) limits any 6385 |
|---|
| 10018 | + | claim the student may have against such institution or the damages for 6386 |
|---|
| 10019 | + | such claim, or (3) requires the student to assert any claim against such 6387 |
|---|
| 10020 | + | institution in a forum that is less convenient, more costly or more 6388 |
|---|
| 10021 | + | dilatory for the resolution of a dispute than a judicial forum established 6389 |
|---|
| 10022 | + | in the state where the student may otherwise properly bring a claim, 6390 |
|---|
| 10023 | + | shall include in its application to the Office of Higher Education for 6391 |
|---|
| 10024 | + | authorization pursuant to section 10a-34, a statement (A) disclosing the 6392 |
|---|
| 10025 | + | number of claims made against the institution, including claims made 6393 |
|---|
| 10026 | + | against a parent organization or subsidiary of the institution, by a 6394 |
|---|
| 10027 | + | student currently or formerly enrolled at the institution, (B) a 6395 |
|---|
| 10028 | + | description of the nature of the rights asserted, and (C) the status of such 6396 |
|---|
| 10029 | + | claims. The institution shall submit additional details regarding such 6397 |
|---|
| 10030 | + | claims as the [executive director of the Office] Commissioner of Higher 6398 |
|---|
| 10031 | + | Education may require. 6399 |
|---|
| 10032 | + | (b) The [executive director of the Office] Commissioner of Higher 6400 |
|---|
| 10033 | + | Education may deny the application for initial or renewed license or 6401 |
|---|
| 10034 | + | accreditation of a for-profit institution of higher education or consider a 6402 |
|---|
| 10035 | + | for-profit institution of higher education ineligible to receive any public 6403 |
|---|
| 10036 | + | funds, including, but not limited to, federal funds administered by the 6404 |
|---|
| 10037 | + | office pursuant to section 10a-45 if (1) such institution fails to include 6405 |
|---|
| 10038 | + | the statement required under subsection (a) of this section in its 6406 |
|---|
| 10039 | + | application, or (2) upon review of such statement, the [executive 6407 |
|---|
| 10040 | + | director] commissioner determines that the public policy of protecting 6408 |
|---|
| 10041 | + | the interests of students in the state requires such denial. 6409 |
|---|
| 10042 | + | Notwithstanding the provisions of subsection (i) of section 10a-34, the 6410 |
|---|
| 10043 | + | [executive director] commissioner may deny the accreditation of an 6411 |
|---|
| 10044 | + | institution of higher education, for the purposes of this subsection, by 6412 |
|---|
| 10045 | + | Bill No. |
|---|
| 10046 | + | |
|---|
| 10047 | + | |
|---|
| 10048 | + | |
|---|
| 10049 | + | LCO No. 5697 244 of 350 |
|---|
| 10050 | + | |
|---|
| 10051 | + | refusing to accept or withdrawing any previous acceptance of regional 6413 |
|---|
| 10052 | + | accreditation made under subsection (i) of said section. 6414 |
|---|
| 10053 | + | (c) The [executive director of the Office] Commissioner of Higher 6415 |
|---|
| 10054 | + | Education shall have the authority granted under sections 10a-34a, 10a-6416 |
|---|
| 10055 | + | 34b and 10a-34e to investigate and enforce the provisions of subsections 6417 |
|---|
| 10056 | + | (a) and (b) of this section. 6418 |
|---|
| 10057 | + | Sec. 171. Subsections (b) to (d), inclusive, of section 10a-34h of the 6419 |
|---|
| 10058 | + | general statutes are repealed and the following is substituted in lieu 6420 |
|---|
| 10059 | + | thereof (Effective from passage): 6421 |
|---|
| 10060 | + | (b) The Office of Higher Education shall enter into a memorandum of 6422 |
|---|
| 10061 | + | understanding with one or more accrediting agencies to conduct an 6423 |
|---|
| 10062 | + | annual financial screening of each independent institution of higher 6424 |
|---|
| 10063 | + | education in the state. If an independent institution of higher education 6425 |
|---|
| 10064 | + | does not complete an annual financial screening with an accrediting 6426 |
|---|
| 10065 | + | agency, such financial screening shall be conducted by the office in the 6427 |
|---|
| 10066 | + | form and manner prescribed by the [executive director] commissioner 6428 |
|---|
| 10067 | + | of said office. The office may determine that an independent institution 6429 |
|---|
| 10068 | + | of higher education is at risk of imminent closure through (1) a financial 6430 |
|---|
| 10069 | + | screening conducted by the office, or (2) acceptance by the office of such 6431 |
|---|
| 10070 | + | determination made by an accrediting agency. Upon determining that 6432 |
|---|
| 10071 | + | an independent institution of higher education is at risk of imminent 6433 |
|---|
| 10072 | + | closure, the office shall submit a summary of the reasons for such 6434 |
|---|
| 10073 | + | determination to such institution. 6435 |
|---|
| 10074 | + | (c) Upon receiving a summary from the Office of Higher Education 6436 |
|---|
| 10075 | + | that an independent institution of higher education has been 6437 |
|---|
| 10076 | + | determined to be at risk of imminent closure, such institution shall 6438 |
|---|
| 10077 | + | submit to the office, in the form and manner prescribed by the [executive 6439 |
|---|
| 10078 | + | director] commissioner of said office, (1) notice of any known financial 6440 |
|---|
| 10079 | + | liability or risk, (2) any information necessary to accurately determine 6441 |
|---|
| 10080 | + | and monitor the institution's financial status and risk of imminent 6442 |
|---|
| 10081 | + | closure, and (3) an updated closure plan approved by the governing 6443 |
|---|
| 10082 | + | Bill No. |
|---|
| 10083 | + | |
|---|
| 10084 | + | |
|---|
| 10085 | + | |
|---|
| 10086 | + | LCO No. 5697 245 of 350 |
|---|
| 10087 | + | |
|---|
| 10088 | + | board of such institution pursuant to subsection (c) of section 10a-34e. 6444 |
|---|
| 10089 | + | (d) If any independent institution of higher education in the state fails 6445 |
|---|
| 10090 | + | to comply with the requirements of this section, the [executive director 6446 |
|---|
| 10091 | + | of the Office] Commissioner of Higher Education may request the 6447 |
|---|
| 10092 | + | suspension of any state funding designated for such institution, 6448 |
|---|
| 10093 | + | establish a date to suspend or revoke such institution's degree-granting 6449 |
|---|
| 10094 | + | authority or impose such other penalties the [executive director] 6450 |
|---|
| 10095 | + | commissioner deems appropriate. 6451 |
|---|
| 10096 | + | Sec. 172. Subsections (b) to (d), inclusive, of section 10a-35b of the 6452 |
|---|
| 10097 | + | general statutes are repealed and the following is substituted in lieu 6453 |
|---|
| 10098 | + | thereof (Effective from passage): 6454 |
|---|
| 10099 | + | (b) Not later than January 1, 2023, the [executive director of the Office] 6455 |
|---|
| 10100 | + | Commissioner of Higher Education, in consultation with the advisory 6456 |
|---|
| 10101 | + | council established pursuant to subsection (c) of this section, shall create 6457 |
|---|
| 10102 | + | a database of credentials offered in the state for the purpose of 6458 |
|---|
| 10103 | + | explaining the skills and competencies earned through a credential in 6459 |
|---|
| 10104 | + | uniform terms and plain language. In creating the database, the 6460 |
|---|
| 10105 | + | [executive director] commissioner shall utilize the minimum data policy 6461 |
|---|
| 10106 | + | of the New England Board of Higher Education's High Value 6462 |
|---|
| 10107 | + | Credentials for New England initiative, the uniform terms and 6463 |
|---|
| 10108 | + | descriptions of Credentials Engine's Credential Transparency 6464 |
|---|
| 10109 | + | Description Language and the uniform standards for comparing and 6465 |
|---|
| 10110 | + | linking credentials in Credential Engine's Credential Transparency 6466 |
|---|
| 10111 | + | Description Language-Achievement Standards Network. At a 6467 |
|---|
| 10112 | + | minimum, the database shall include the following information for each 6468 |
|---|
| 10113 | + | credential: (1) Credential status type, (2) the entity that owns or offers 6469 |
|---|
| 10114 | + | the credential, (3) the type of credential being offered, (4) a short 6470 |
|---|
| 10115 | + | description of the credential, (5) the name of the credential, (6) the 6471 |
|---|
| 10116 | + | Internet web site that provides information relating to the credential, (7) 6472 |
|---|
| 10117 | + | the language in which the credential is offered, (8) the estimated 6473 |
|---|
| 10118 | + | duration for completion, (9) the industry related to the credential which 6474 |
|---|
| 10119 | + | may include its code under the North American Industry Classification 6475 |
|---|
| 10120 | + | Bill No. |
|---|
| 10121 | + | |
|---|
| 10122 | + | |
|---|
| 10123 | + | |
|---|
| 10124 | + | LCO No. 5697 246 of 350 |
|---|
| 10125 | + | |
|---|
| 10126 | + | System, (10) the occupation related to the credential which may include 6476 |
|---|
| 10127 | + | its code under the standard occupational classification system of the 6477 |
|---|
| 10128 | + | Bureau of Labor Statistics of the United States Department of Labor or 6478 |
|---|
| 10129 | + | under The Occupational Information Network, (11) the estimated cost 6479 |
|---|
| 10130 | + | for earning the credential, and (12) a listing of online or physical 6480 |
|---|
| 10131 | + | locations where the credential is offered. 6481 |
|---|
| 10132 | + | (c) There is established an advisory council for the purpose of 6482 |
|---|
| 10133 | + | advising the [executive director of the Office] Commissioner of Higher 6483 |
|---|
| 10134 | + | Education on the implementation of the database created pursuant to 6484 |
|---|
| 10135 | + | subsection (b) of this section. The advisory council shall consist of (1) 6485 |
|---|
| 10136 | + | representatives from the Office of Workforce Strategy, Office of Higher 6486 |
|---|
| 10137 | + | Education, Office of Policy and Management, Labor Department, 6487 |
|---|
| 10138 | + | Department of Education, Connecticut State Colleges and Universities, 6488 |
|---|
| 10139 | + | The University of Connecticut and independent institutions of higher 6489 |
|---|
| 10140 | + | education, and (2) the Chief Data Officer, or such officer's designee. The 6490 |
|---|
| 10141 | + | Chief Workforce Officer, the Chief Data Officer and the [executive 6491 |
|---|
| 10142 | + | director of the Office] Commissioner of Higher Education, or their 6492 |
|---|
| 10143 | + | designees, shall be cochairpersons of the advisory council and shall 6493 |
|---|
| 10144 | + | schedule the meetings of the advisory council. 6494 |
|---|
| 10145 | + | (d) Not later than July 1, 2024, and annually thereafter, each regional 6495 |
|---|
| 10146 | + | workforce development board, community action agency, as defined in 6496 |
|---|
| 10147 | + | section 17b-885, institution of higher education, private career school, 6497 |
|---|
| 10148 | + | provider of an alternate route to certification program approved by the 6498 |
|---|
| 10149 | + | State Board of Education, and provider of a training program listed on 6499 |
|---|
| 10150 | + | the Labor Department's Eligible Training Provider List shall submit 6500 |
|---|
| 10151 | + | information, in the form and manner prescribed by the [executive 6501 |
|---|
| 10152 | + | director of the Office] Commissioner of Higher Education, about any 6502 |
|---|
| 10153 | + | credential offered by such institution, school or provider for inclusion 6503 |
|---|
| 10154 | + | in the database created pursuant to subsection (b) of this section. Such 6504 |
|---|
| 10155 | + | information shall include, but need not be limited to, the data described 6505 |
|---|
| 10156 | + | in subdivisions (1) to (12), inclusive, of subsection (b) of this section, 6506 |
|---|
| 10157 | + | except an institution of higher education may omit the data required 6507 |
|---|
| 10158 | + | pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section 6508 |
|---|
| 10159 | + | Bill No. |
|---|
| 10160 | + | |
|---|
| 10161 | + | |
|---|
| 10162 | + | |
|---|
| 10163 | + | LCO No. 5697 247 of 350 |
|---|
| 10164 | + | |
|---|
| 10165 | + | if such data is not applicable to a credential offered by such institution. 6509 |
|---|
| 10166 | + | Sec. 173. Subsection (a) of section 10a-35c of the general statutes is 6510 |
|---|
| 10167 | + | repealed and the following is substituted in lieu thereof (Effective from 6511 |
|---|
| 10168 | + | passage): 6512 |
|---|
| 10169 | + | (a) The Office of Workforce Strategy, established pursuant to section 6513 |
|---|
| 10170 | + | 4-124w, shall, in consultation with the Chief Data Officer, the Board of 6514 |
|---|
| 10171 | + | Trustees of The University of Connecticut, the Board of Regents for 6515 |
|---|
| 10172 | + | Higher Education, the Labor Commissioner, the Commissioner of 6516 |
|---|
| 10173 | + | Education, the [executive director of the Office] Commissioner of 6517 |
|---|
| 10174 | + | Higher Education or any other stakeholder as identified by the Chief 6518 |
|---|
| 10175 | + | Workforce Officer, establish standards for designating certain 6519 |
|---|
| 10176 | + | credentials, as defined in section 10a-34h, as credentials of value. Such 6520 |
|---|
| 10177 | + | standards may include, but need not be limited to, meeting the 6521 |
|---|
| 10178 | + | workforce needs of employers in the state, completion rates, net cost, 6522 |
|---|
| 10179 | + | whether the credential transfers to or stacks onto another credential of 6523 |
|---|
| 10180 | + | value, average time to completion, types of employment opportunities 6524 |
|---|
| 10181 | + | available upon completion and earnings upon completion. The Office of 6525 |
|---|
| 10182 | + | Workforce Strategy shall not require the submission of an application or 6526 |
|---|
| 10183 | + | any other information from a provider of a credential for such credential 6527 |
|---|
| 10184 | + | to be designated a credential of value. 6528 |
|---|
| 10185 | + | Sec. 174. Subsection (c) of section 10a-48 of the general statutes is 6529 |
|---|
| 10186 | + | repealed and the following is substituted in lieu thereof (Effective from 6530 |
|---|
| 10187 | + | passage): 6531 |
|---|
| 10188 | + | (c) There is established a Connecticut Campus Compact for Student 6532 |
|---|
| 10189 | + | Community Service to review opportunities and initiatives for, and 6533 |
|---|
| 10190 | + | develop plans to encourage and support, student community service 6534 |
|---|
| 10191 | + | programs at institutions of higher education in the state or which 6535 |
|---|
| 10192 | + | involve cooperation and coordination among such institutions. The 6536 |
|---|
| 10193 | + | compact shall be composed of the chief executive officer or president of 6537 |
|---|
| 10194 | + | each public and independent institution of higher education in the state 6538 |
|---|
| 10195 | + | and the [executive director of the Office] Commissioner of Higher 6539 |
|---|
| 10196 | + | Bill No. |
|---|
| 10197 | + | |
|---|
| 10198 | + | |
|---|
| 10199 | + | |
|---|
| 10200 | + | LCO No. 5697 248 of 350 |
|---|
| 10201 | + | |
|---|
| 10202 | + | Education, or their designees. On or before October 1, 1989, and at least 6540 |
|---|
| 10203 | + | annually thereafter, the [executive director of the Office] Commissioner 6541 |
|---|
| 10204 | + | of Higher Education shall convene the members of the compact. 6542 |
|---|
| 10205 | + | Sec. 175. Section 10a-48b of the general statutes is repealed and the 6543 |
|---|
| 10206 | + | following is substituted in lieu thereof (Effective from passage): 6544 |
|---|
| 10207 | + | The Office of Higher Education may, within the limits of available 6545 |
|---|
| 10208 | + | appropriations, provide grants on a competitive basis to public and 6546 |
|---|
| 10209 | + | nonprofit service entities seeking to participate in the federal National 6547 |
|---|
| 10210 | + | and Community Service Trust Program pursuant to 42 USC 12501 et 6548 |
|---|
| 10211 | + | seq., in order to assist such service entities in meeting federal matching 6549 |
|---|
| 10212 | + | fund requirements for service placements, provided no grant shall 6550 |
|---|
| 10213 | + | exceed one-half of the federally unreimbursed cost to the service entity 6551 |
|---|
| 10214 | + | for providing such placements. Applications for grants pursuant to this 6552 |
|---|
| 10215 | + | section shall be made at such time and in such manner as the [executive 6553 |
|---|
| 10216 | + | director of the Office] Commissioner of Higher Education prescribes. 6554 |
|---|
| 10217 | + | Sec. 176. Section 10a-55y of the general statutes is repealed and the 6555 |
|---|
| 10218 | + | following is substituted in lieu thereof (Effective from passage): 6556 |
|---|
| 10219 | + | The [executive director of the Office] Commissioner of Higher 6557 |
|---|
| 10220 | + | Education and the Commissioner of Mental Health and Addiction 6558 |
|---|
| 10221 | + | Services, in consultation with an epidemiologist or other specialist with 6559 |
|---|
| 10222 | + | expertise in mental health issues at institutions of higher education, may 6560 |
|---|
| 10223 | + | jointly offer training workshops for the campus mental health coalitions 6561 |
|---|
| 10224 | + | established pursuant to section 10a-55x regarding best practices for the 6562 |
|---|
| 10225 | + | assessment and provision of mental health services and programming 6563 |
|---|
| 10226 | + | at institutions of higher education. 6564 |
|---|
| 10227 | + | Sec. 177. Section 10a-57 of the general statutes is repealed and the 6565 |
|---|
| 10228 | + | following is substituted in lieu thereof (Effective from passage): 6566 |
|---|
| 10229 | + | The [executive director of the Office] Commissioner of Higher 6567 |
|---|
| 10230 | + | Education shall report on or before March 1, 2013, and annually 6568 |
|---|
| 10231 | + | thereafter, in accordance with the provisions of section 11-4a, to the joint 6569 |
|---|
| 10232 | + | Bill No. |
|---|
| 10233 | + | |
|---|
| 10234 | + | |
|---|
| 10235 | + | |
|---|
| 10236 | + | LCO No. 5697 249 of 350 |
|---|
| 10237 | + | |
|---|
| 10238 | + | standing committees of the General Assembly having cognizance of 6570 |
|---|
| 10239 | + | matters relating to higher education and appropriations and the 6571 |
|---|
| 10240 | + | budgets of state agencies on state, regional and national trends 6572 |
|---|
| 10241 | + | regarding Connecticut higher education, including, but not limited to, 6573 |
|---|
| 10242 | + | expenditures, funding, enrollment, faculty and staff positions, cost 6574 |
|---|
| 10243 | + | sharing and student financial aid. The Office of Higher Education shall 6575 |
|---|
| 10244 | + | collect such data and information as it deems necessary for the 6576 |
|---|
| 10245 | + | development of such annual report. 6577 |
|---|
| 10246 | + | Sec. 178. Subdivision (2) of subsection (a) of section 10a-77a of the 6578 |
|---|
| 10247 | + | general statutes is repealed and the following is substituted in lieu 6579 |
|---|
| 10248 | + | thereof (Effective from passage): 6580 |
|---|
| 10249 | + | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 6581 |
|---|
| 10250 | + | 2006, inclusive, as part of the state contract with donors of endowment 6582 |
|---|
| 10251 | + | fund eligible gifts, the Office of Higher Education, in accordance with 6583 |
|---|
| 10252 | + | section 10a-8b, shall deposit in the Endowment Fund for the 6584 |
|---|
| 10253 | + | Community-Technical College System a grant in an amount equal to 6585 |
|---|
| 10254 | + | half of the total amount of endowment fund eligible gifts received by or 6586 |
|---|
| 10255 | + | for the benefit of the community-technical college system as a whole and 6587 |
|---|
| 10256 | + | each regional community-technical college for the calendar year ending 6588 |
|---|
| 10257 | + | the December thirty-first preceding the commencement of such fiscal 6589 |
|---|
| 10258 | + | year, as certified by the chairperson of the board of trustees by February 6590 |
|---|
| 10259 | + | fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) 6591 |
|---|
| 10260 | + | the joint standing committee of the General Assembly having 6592 |
|---|
| 10261 | + | cognizance of matters relating to appropriations and the budgets of state 6593 |
|---|
| 10262 | + | agencies, and (iii) the [executive director of the Office] Commissioner of 6594 |
|---|
| 10263 | + | Higher Education, provided such sums do not exceed the endowment 6595 |
|---|
| 10264 | + | fund state grant maximum commitment for the fiscal year in which the 6596 |
|---|
| 10265 | + | grant is made. 6597 |
|---|
| 10266 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 6598 |
|---|
| 10267 | + | inclusive, as part of the state contract with donors of endowment fund 6599 |
|---|
| 10268 | + | eligible gifts, the Office of Higher Education, in accordance with section 6600 |
|---|
| 10269 | + | 10a-8b, shall deposit in the Endowment Fund for the Community-6601 |
|---|
| 10270 | + | Bill No. |
|---|
| 10271 | + | |
|---|
| 10272 | + | |
|---|
| 10273 | + | |
|---|
| 10274 | + | LCO No. 5697 250 of 350 |
|---|
| 10275 | + | |
|---|
| 10276 | + | Technical College System a grant in an amount equal to one-quarter of 6602 |
|---|
| 10277 | + | the total amount of endowment fund eligible gifts, except as provided 6603 |
|---|
| 10278 | + | in this subdivision, received by or for the benefit of the community-6604 |
|---|
| 10279 | + | technical college system as a whole and each regional community-6605 |
|---|
| 10280 | + | technical college for the calendar year ending the December thirty-first 6606 |
|---|
| 10281 | + | preceding the commencement of such fiscal year, as certified by the 6607 |
|---|
| 10282 | + | chairperson of the board of trustees by February fifteenth to (i) the 6608 |
|---|
| 10283 | + | Secretary of the Office of Policy and Management, (ii) the joint standing 6609 |
|---|
| 10284 | + | committee of the General Assembly having cognizance of matters 6610 |
|---|
| 10285 | + | relating to appropriations and the budgets of state agencies, and (iii) the 6611 |
|---|
| 10286 | + | [executive director of the Office] Commissioner of Higher Education, 6612 |
|---|
| 10287 | + | provided such sums do not exceed the endowment fund state grant 6613 |
|---|
| 10288 | + | maximum commitment for the fiscal year in which the grant is made. 6614 |
|---|
| 10289 | + | Endowment fund eligible gifts that meet the criteria set forth in this 6615 |
|---|
| 10290 | + | subdivision, made by donors during the period from January 1, 2005, to 6616 |
|---|
| 10291 | + | June 30, 2005, shall continue to be matched by the Office of Higher 6617 |
|---|
| 10292 | + | Education in an amount equal to one-half of the total amount of 6618 |
|---|
| 10293 | + | endowment fund eligible gifts received. Commitments by donors to 6619 |
|---|
| 10294 | + | make endowment fund eligible gifts for two or more years that meet the 6620 |
|---|
| 10295 | + | criteria set forth in this subdivision and that are made for the period 6621 |
|---|
| 10296 | + | prior to December 31, 2004, but ending before December 31, 2012, shall 6622 |
|---|
| 10297 | + | continue to be matched by the Office of Higher Education in an amount 6623 |
|---|
| 10298 | + | equal to one-half of the total amount of endowment fund eligible gifts 6624 |
|---|
| 10299 | + | received through the commitment. 6625 |
|---|
| 10300 | + | (C) In any such fiscal year in which the total of the eligible gifts 6626 |
|---|
| 10301 | + | received by the community-technical colleges exceeds the endowment 6627 |
|---|
| 10302 | + | fund state grant maximum commitment for such fiscal year the amount 6628 |
|---|
| 10303 | + | in excess of such endowment fund state grant maximum commitment 6629 |
|---|
| 10304 | + | shall be carried forward and be eligible for a matching state grant in any 6630 |
|---|
| 10305 | + | succeeding fiscal year from the fiscal year ending June 30, 2000, to the 6631 |
|---|
| 10306 | + | fiscal year ending June 30, 2014, inclusive, subject to the endowment 6632 |
|---|
| 10307 | + | fund state grant maximum commitment. Any endowment fund eligible 6633 |
|---|
| 10308 | + | gifts that are not included in the total amount of endowment fund 6634 |
|---|
| 10309 | + | Bill No. |
|---|
| 10310 | + | |
|---|
| 10311 | + | |
|---|
| 10312 | + | |
|---|
| 10313 | + | LCO No. 5697 251 of 350 |
|---|
| 10314 | + | |
|---|
| 10315 | + | eligible gifts certified by the chairperson of the board of trustees 6635 |
|---|
| 10316 | + | pursuant to this subdivision may be carried forward and be eligible for 6636 |
|---|
| 10317 | + | a matching state grant in any succeeding fiscal year from the fiscal year 6637 |
|---|
| 10318 | + | ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, 6638 |
|---|
| 10319 | + | subject to the endowment fund state matching grant commitment for 6639 |
|---|
| 10320 | + | such fiscal year. 6640 |
|---|
| 10321 | + | Sec. 179. Subdivision (2) of subsection (a) of section 10a-99a of the 6641 |
|---|
| 10322 | + | general statutes is repealed and the following is substituted in lieu 6642 |
|---|
| 10323 | + | thereof (Effective from passage): 6643 |
|---|
| 10324 | + | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 6644 |
|---|
| 10325 | + | 2006, inclusive, as part of the state contract with donors of endowment 6645 |
|---|
| 10326 | + | fund eligible gifts, the Office of Higher Education, in accordance with 6646 |
|---|
| 10327 | + | section 10a-8b, shall deposit in the Endowment Fund for the 6647 |
|---|
| 10328 | + | Connecticut State University System a grant in an amount equal to half 6648 |
|---|
| 10329 | + | of the total amount of endowment fund eligible gifts received by or for 6649 |
|---|
| 10330 | + | the benefit of the Connecticut State University System as a whole and 6650 |
|---|
| 10331 | + | each state university for the calendar year ending the December thirty-6651 |
|---|
| 10332 | + | first preceding the commencement of such fiscal year, as certified by the 6652 |
|---|
| 10333 | + | chairperson of the board of trustees by February fifteenth to (i) the 6653 |
|---|
| 10334 | + | Secretary of the Office of Policy and Management, (ii) the joint standing 6654 |
|---|
| 10335 | + | committee of the General Assembly having cognizance of matters 6655 |
|---|
| 10336 | + | relating to appropriations and the budgets of state agencies, and (iii) the 6656 |
|---|
| 10337 | + | [executive director of the Office] Commissioner of Higher Education, 6657 |
|---|
| 10338 | + | provided such sums do not exceed the endowment fund state grant 6658 |
|---|
| 10339 | + | maximum commitment for the fiscal year in which the grant is made. 6659 |
|---|
| 10340 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 6660 |
|---|
| 10341 | + | inclusive, as part of the state contract with donors of endowment fund 6661 |
|---|
| 10342 | + | eligible gifts, the Office of Higher Education, in accordance with section 6662 |
|---|
| 10343 | + | 10a-8b, shall deposit in the Endowment Fund for the Connecticut State 6663 |
|---|
| 10344 | + | University System a grant in an amount equal to one-quarter of the total 6664 |
|---|
| 10345 | + | amount of endowment fund eligible gifts, except as provided for in this 6665 |
|---|
| 10346 | + | subdivision, received by or for the benefit of the Connecticut State 6666 |
|---|
| 10347 | + | Bill No. |
|---|
| 10348 | + | |
|---|
| 10349 | + | |
|---|
| 10350 | + | |
|---|
| 10351 | + | LCO No. 5697 252 of 350 |
|---|
| 10352 | + | |
|---|
| 10353 | + | University System as a whole and each state university for the calendar 6667 |
|---|
| 10354 | + | year ending the December thirty-first preceding the commencement of 6668 |
|---|
| 10355 | + | such fiscal year, as certified by the chairperson of the board of trustees 6669 |
|---|
| 10356 | + | by February fifteenth to (i) the Secretary of the Office of Policy and 6670 |
|---|
| 10357 | + | Management, (ii) the joint standing committee of the General Assembly 6671 |
|---|
| 10358 | + | having cognizance of matters relating to appropriations and the budgets 6672 |
|---|
| 10359 | + | of state agencies, and (iii) the [executive director of the Office] 6673 |
|---|
| 10360 | + | Commissioner of Higher Education, provided such sums do not exceed 6674 |
|---|
| 10361 | + | the endowment fund state grant maximum commitment for the fiscal 6675 |
|---|
| 10362 | + | year in which the grant is made. Endowment fund eligible gifts that 6676 |
|---|
| 10363 | + | meet the criteria set forth in this subdivision, made by donors during 6677 |
|---|
| 10364 | + | the period from January 1, 2005, to June 30, 2005, shall continue to be 6678 |
|---|
| 10365 | + | matched by the Office of Higher Education in an amount equal to one-6679 |
|---|
| 10366 | + | half of the total amount of endowment fund eligible gifts received. 6680 |
|---|
| 10367 | + | Commitments by donors to make endowment fund eligible gifts for two 6681 |
|---|
| 10368 | + | or more years that meet the criteria set forth in this subdivision and that 6682 |
|---|
| 10369 | + | are made for the period prior to December 31, 2004, but ending before 6683 |
|---|
| 10370 | + | December 31, 2012, shall continue to be matched by the Office of Higher 6684 |
|---|
| 10371 | + | Education in an amount equal to one-half of the total amount of 6685 |
|---|
| 10372 | + | endowment fund eligible gifts received. 6686 |
|---|
| 10373 | + | (C) In any such fiscal year in which the total of the eligible gifts 6687 |
|---|
| 10374 | + | received by the Connecticut State University System as a whole and 6688 |
|---|
| 10375 | + | each state university exceed the endowment fund state grant maximum 6689 |
|---|
| 10376 | + | commitment for such fiscal year the amount in excess of such 6690 |
|---|
| 10377 | + | endowment fund state grant maximum commitment shall be carried 6691 |
|---|
| 10378 | + | forward and be eligible for a matching state grant in any succeeding 6692 |
|---|
| 10379 | + | fiscal year from the fiscal year ending June 30, 2000, to the fiscal year 6693 |
|---|
| 10380 | + | ending June 30, 2014, inclusive, subject to the endowment fund state 6694 |
|---|
| 10381 | + | grant maximum commitment. Any endowment fund eligible gifts that 6695 |
|---|
| 10382 | + | are not included in the total amount of endowment fund eligible gifts 6696 |
|---|
| 10383 | + | certified by the chairperson of the board of trustees pursuant to this 6697 |
|---|
| 10384 | + | subdivision may be carried forward and be eligible for a matching state 6698 |
|---|
| 10385 | + | grant in any succeeding fiscal year from the fiscal year ending June 30, 6699 |
|---|
| 10386 | + | Bill No. |
|---|
| 10387 | + | |
|---|
| 10388 | + | |
|---|
| 10389 | + | |
|---|
| 10390 | + | LCO No. 5697 253 of 350 |
|---|
| 10391 | + | |
|---|
| 10392 | + | 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the 6700 |
|---|
| 10393 | + | endowment fund state matching grant maximum commitment for such 6701 |
|---|
| 10394 | + | fiscal year. 6702 |
|---|
| 10395 | + | Sec. 180. Subsection (a) of section 10a-104 of the general statutes is 6703 |
|---|
| 10396 | + | repealed and the following is substituted in lieu thereof (Effective from 6704 |
|---|
| 10397 | + | passage): 6705 |
|---|
| 10398 | + | (a) The Board of Trustees of The University of Connecticut shall: (1) 6706 |
|---|
| 10399 | + | Make rules for the government of the university and shall determine the 6707 |
|---|
| 10400 | + | general policies of the university, including those concerning the 6708 |
|---|
| 10401 | + | admission of students and the establishment of schools, colleges, 6709 |
|---|
| 10402 | + | divisions and departments, which policies shall be consistent with the 6710 |
|---|
| 10403 | + | goals identified in section 10a-11c, and shall direct the expenditure of 6711 |
|---|
| 10404 | + | the university's funds within the amounts available; (2) develop the 6712 |
|---|
| 10405 | + | mission statement for The University of Connecticut, and all campuses 6713 |
|---|
| 10406 | + | thereof, that shall be consistent with such goals and include, but not be 6714 |
|---|
| 10407 | + | limited to, the following elements: (A) The educational needs of and 6715 |
|---|
| 10408 | + | constituencies served by said university and campuses; (B) the degrees 6716 |
|---|
| 10409 | + | offered by said university; and (C) the role and scope of each institution 6717 |
|---|
| 10410 | + | and campus within the university system, which shall include each 6718 |
|---|
| 10411 | + | institution's and campus' particular strengths and specialties; (3) 6719 |
|---|
| 10412 | + | establish policies for the university system and for the individual 6720 |
|---|
| 10413 | + | institutions and campuses under its jurisdiction; (4) review and approve 6721 |
|---|
| 10414 | + | recommendations for the establishment of new academic programs; (5) 6722 |
|---|
| 10415 | + | report all new programs and program changes to the Office of Higher 6723 |
|---|
| 10416 | + | Education; (6) make recommendations, when appropriate, regarding 6724 |
|---|
| 10417 | + | institutional or campus mergers or closures; (7) coordinate the programs 6725 |
|---|
| 10418 | + | and services of the institutions and campuses under its jurisdiction; (8) 6726 |
|---|
| 10419 | + | be authorized to enter into agreements, consistent with the provisions 6727 |
|---|
| 10420 | + | of section 5-141d, to save harmless and indemnify sponsors of research 6728 |
|---|
| 10421 | + | grants to The University of Connecticut, provided such an agreement is 6729 |
|---|
| 10422 | + | required to receive the grant and limits liability to damages or injury 6730 |
|---|
| 10423 | + | resulting from acts or omissions related to such research by employees 6731 |
|---|
| 10424 | + | of the university; (9) promote fund-raising to assist the university and 6732 |
|---|
| 10425 | + | Bill No. |
|---|
| 10426 | + | |
|---|
| 10427 | + | |
|---|
| 10428 | + | |
|---|
| 10429 | + | LCO No. 5697 254 of 350 |
|---|
| 10430 | + | |
|---|
| 10431 | + | report to the [executive director of the Office] Commissioner of Higher 6733 |
|---|
| 10432 | + | Education and the joint standing committee of the General Assembly 6734 |
|---|
| 10433 | + | having cognizance of matters relating to education by January 1, 1994, 6735 |
|---|
| 10434 | + | and biennially thereafter, on such fund-raising; (10) charge the direct 6736 |
|---|
| 10435 | + | costs for a building project under its jurisdiction to the bond fund 6737 |
|---|
| 10436 | + | account for such project, provided (A) such costs are charged in 6738 |
|---|
| 10437 | + | accordance with a procedure approved by the Treasurer and (B) nothing 6739 |
|---|
| 10438 | + | in this subdivision shall permit the charging of working capital costs, as 6740 |
|---|
| 10439 | + | defined in the applicable provisions of the Internal Revenue Code of 6741 |
|---|
| 10440 | + | 1986, or any subsequent corresponding internal revenue code of the 6742 |
|---|
| 10441 | + | United States, as from time to time amended, or costs originally paid 6743 |
|---|
| 10442 | + | from sources other than the bond fund account; (11) exercise the powers 6744 |
|---|
| 10443 | + | delegated to it pursuant to section 10a-109d; and (12) establish by 6745 |
|---|
| 10444 | + | October 1, 1997, policies governing the acceptance of gifts made by a 6746 |
|---|
| 10445 | + | foundation established pursuant to sections 4-37e and 4-37f to the 6747 |
|---|
| 10446 | + | university or its employees for reimbursement of expenditures or 6748 |
|---|
| 10447 | + | payment of expenditures on behalf of the university or its employees. 6749 |
|---|
| 10448 | + | Sec. 181. Subdivision (2) of subsection (b) of section 10a-109i of the 6750 |
|---|
| 10449 | + | general statutes is repealed and the following is substituted in lieu 6751 |
|---|
| 10450 | + | thereof (Effective from passage): 6752 |
|---|
| 10451 | + | (2) (A) For each of the fiscal years ending June 30, 1999, to June 30, 6753 |
|---|
| 10452 | + | 2006, inclusive, as part of the state contract with donors of endowment 6754 |
|---|
| 10453 | + | fund eligible gifts, the Office of Higher Education, in accordance with 6755 |
|---|
| 10454 | + | section 10a-8b, shall deposit in the endowment fund for the university a 6756 |
|---|
| 10455 | + | grant in an amount equal to half of the total amount of endowment fund 6757 |
|---|
| 10456 | + | eligible gifts, except as provided in this subparagraph, received by the 6758 |
|---|
| 10457 | + | university or for the benefit of the university for the calendar year 6759 |
|---|
| 10458 | + | ending the December thirty-first preceding the commencement of such 6760 |
|---|
| 10459 | + | fiscal year, as certified by the chairperson of the board of trustees by 6761 |
|---|
| 10460 | + | February fifteenth to (i) the Secretary of the Office of Policy and 6762 |
|---|
| 10461 | + | Management, (ii) the joint standing committee of the General Assembly 6763 |
|---|
| 10462 | + | having cognizance of matters relating to appropriations and the budgets 6764 |
|---|
| 10463 | + | of state agencies, and (iii) the [executive director of the Office] 6765 |
|---|
| 10464 | + | Bill No. |
|---|
| 10465 | + | |
|---|
| 10466 | + | |
|---|
| 10467 | + | |
|---|
| 10468 | + | LCO No. 5697 255 of 350 |
|---|
| 10469 | + | |
|---|
| 10470 | + | Commissioner of Higher Education, provided such sums do not exceed 6766 |
|---|
| 10471 | + | the endowment fund state grant maximum commitment for the fiscal 6767 |
|---|
| 10472 | + | year in which the grant is made. For the fiscal years ending June 30, 1999, 6768 |
|---|
| 10473 | + | and June 30, 2000, the Office of Higher Education shall deposit in the 6769 |
|---|
| 10474 | + | endowment fund for the university grants in total amounts which shall 6770 |
|---|
| 10475 | + | not exceed the endowment fund state grant, as defined in subdivision 6771 |
|---|
| 10476 | + | (7) of section 10a-109c of the general statutes, revision of 1958, revised 6772 |
|---|
| 10477 | + | to January 1, 1997, and which shall be equal to the amounts certified by 6773 |
|---|
| 10478 | + | the chairperson of the board of trustees for each such fiscal year of 6774 |
|---|
| 10479 | + | endowment fund eligible gifts received by the university or for the 6775 |
|---|
| 10480 | + | benefit of the university and for which written commitments were made 6776 |
|---|
| 10481 | + | prior to July 1, 1997. For the fiscal year ending June 30, 1999, the funds 6777 |
|---|
| 10482 | + | required to be deposited in the endowment fund pursuant to this 6778 |
|---|
| 10483 | + | subparagraph shall be appropriated to the university for such purpose 6779 |
|---|
| 10484 | + | and not appropriated to the fund established pursuant to section 10a-6780 |
|---|
| 10485 | + | 8b. 6781 |
|---|
| 10486 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 6782 |
|---|
| 10487 | + | inclusive, as part of the state contract with donors of endowment fund 6783 |
|---|
| 10488 | + | eligible gifts, the Office of Higher Education, in accordance with section 6784 |
|---|
| 10489 | + | 10a-8b, shall deposit in the endowment fund for the university a grant 6785 |
|---|
| 10490 | + | in an amount equal to one-quarter of the total amount of endowment 6786 |
|---|
| 10491 | + | fund eligible gifts, except as provided in this subdivision, received by 6787 |
|---|
| 10492 | + | the university or for the benefit of the university for the calendar year 6788 |
|---|
| 10493 | + | ending the December thirty-first preceding the commencement of such 6789 |
|---|
| 10494 | + | fiscal year, as certified by the chairperson of the board of trustees by 6790 |
|---|
| 10495 | + | February fifteenth to (i) the Secretary of the Office of Policy and 6791 |
|---|
| 10496 | + | Management, (ii) the joint standing committee of the General Assembly 6792 |
|---|
| 10497 | + | having cognizance of matters relating to appropriations and the budgets 6793 |
|---|
| 10498 | + | of state agencies, and (iii) the [executive director of the Office] 6794 |
|---|
| 10499 | + | Commissioner of Higher Education, provided such sums do not exceed 6795 |
|---|
| 10500 | + | the endowment fund state grant maximum commitment for the fiscal 6796 |
|---|
| 10501 | + | year in which the grant is made. Endowment fund eligible gifts that 6797 |
|---|
| 10502 | + | meet the criteria set forth in this subdivision, made by donors during 6798 |
|---|
| 10503 | + | Bill No. |
|---|
| 10504 | + | |
|---|
| 10505 | + | |
|---|
| 10506 | + | |
|---|
| 10507 | + | LCO No. 5697 256 of 350 |
|---|
| 10508 | + | |
|---|
| 10509 | + | the period from January 1, 2005, to June 30, 2005, shall continue to be 6799 |
|---|
| 10510 | + | matched by the Office of Higher Education in an amount equal to one-6800 |
|---|
| 10511 | + | half of the total amount of endowment fund eligible gifts received. 6801 |
|---|
| 10512 | + | Commitments by donors to make endowment fund eligible gifts for two 6802 |
|---|
| 10513 | + | or more years that meet the criteria set forth in this subdivision and that 6803 |
|---|
| 10514 | + | are made for the period prior to December 31, 2004, but ending before 6804 |
|---|
| 10515 | + | December 31, 2012, shall continue to be matched by the Office of Higher 6805 |
|---|
| 10516 | + | Education in an amount equal to one-half of the total amount of 6806 |
|---|
| 10517 | + | endowment fund eligible gifts received through the commitment. 6807 |
|---|
| 10518 | + | (C) In any such fiscal year in which the eligible gifts received by the 6808 |
|---|
| 10519 | + | university exceed the endowment fund state grant maximum 6809 |
|---|
| 10520 | + | commitment for such fiscal year, the amount in excess of such 6810 |
|---|
| 10521 | + | endowment fund state grant maximum commitment for such fiscal year 6811 |
|---|
| 10522 | + | shall be carried forward and be eligible for a matching state grant in any 6812 |
|---|
| 10523 | + | succeeding fiscal year, from the fiscal year ending June 30, 1999, to the 6813 |
|---|
| 10524 | + | fiscal year ending June 30, 2014, inclusive, subject to the endowment 6814 |
|---|
| 10525 | + | fund state grant maximum commitment for such fiscal year. Any 6815 |
|---|
| 10526 | + | endowment fund eligible gifts that are not included in the total amount 6816 |
|---|
| 10527 | + | of endowment fund eligible gifts certified by the chairperson of the 6817 |
|---|
| 10528 | + | board of trustees pursuant to this subparagraph may be carried forward 6818 |
|---|
| 10529 | + | and be eligible for a matching state grant in any succeeding fiscal year 6819 |
|---|
| 10530 | + | from the fiscal year ending June 30, 2000, to the fiscal year ending June 6820 |
|---|
| 10531 | + | 30, 2014, inclusive, subject to the endowment fund state matching grant 6821 |
|---|
| 10532 | + | maximum commitment for such fiscal year. 6822 |
|---|
| 10533 | + | Sec. 182. Subdivision (2) of subsection (a) of section 10a-143a of the 6823 |
|---|
| 10534 | + | general statutes is repealed and the following is substituted in lieu 6824 |
|---|
| 10535 | + | thereof (Effective from passage): 6825 |
|---|
| 10536 | + | (2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 6826 |
|---|
| 10537 | + | 2006, inclusive, as part of the state contract with donors of endowment 6827 |
|---|
| 10538 | + | fund eligible gifts, the Office of Higher Education, in accordance with 6828 |
|---|
| 10539 | + | section 10a-8b, shall deposit in the Endowment Fund for Charter Oak 6829 |
|---|
| 10540 | + | State College a grant in an amount equal to half of the total amount of 6830 |
|---|
| 10541 | + | Bill No. |
|---|
| 10542 | + | |
|---|
| 10543 | + | |
|---|
| 10544 | + | |
|---|
| 10545 | + | LCO No. 5697 257 of 350 |
|---|
| 10546 | + | |
|---|
| 10547 | + | endowment fund eligible gifts received by or for the benefit of Charter 6831 |
|---|
| 10548 | + | Oak State College for the calendar year ending the December thirty-first 6832 |
|---|
| 10549 | + | preceding the commencement of such fiscal year, as certified by the 6833 |
|---|
| 10550 | + | chairperson of the Board of Regents for Higher Education by February 6834 |
|---|
| 10551 | + | fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) 6835 |
|---|
| 10552 | + | the joint standing committee of the General Assembly having 6836 |
|---|
| 10553 | + | cognizance of matters relating to appropriations and the budgets of state 6837 |
|---|
| 10554 | + | agencies, and (iii) the [executive director of the Office] Commissioner of 6838 |
|---|
| 10555 | + | Higher Education, provided such sums do not exceed the endowment 6839 |
|---|
| 10556 | + | fund state grant maximum commitment for the fiscal year in which the 6840 |
|---|
| 10557 | + | grant is made. 6841 |
|---|
| 10558 | + | (B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, 6842 |
|---|
| 10559 | + | inclusive, as part of the state contract with donors of endowment fund 6843 |
|---|
| 10560 | + | eligible gifts, the Office of Higher Education, in accordance with section 6844 |
|---|
| 10561 | + | 10a-8b, shall deposit in the Endowment Fund for Charter Oak State 6845 |
|---|
| 10562 | + | College a grant in an amount equal to one-quarter of the total amount 6846 |
|---|
| 10563 | + | of endowment fund eligible gifts, except as provided in this subdivision, 6847 |
|---|
| 10564 | + | received by or for the benefit of Charter Oak State College for the 6848 |
|---|
| 10565 | + | calendar year ending the December thirty-first preceding the 6849 |
|---|
| 10566 | + | commencement of such fiscal year, as certified by the chairperson of the 6850 |
|---|
| 10567 | + | Board of Regents for Higher Education by February fifteenth to (i) the 6851 |
|---|
| 10568 | + | Secretary of the Office of Policy and Management, (ii) the joint standing 6852 |
|---|
| 10569 | + | committee of the General Assembly having cognizance of matters 6853 |
|---|
| 10570 | + | relating to appropriations and the budgets of state agencies, and (iii) the 6854 |
|---|
| 10571 | + | [executive director of the Office] Commissioner of Higher Education, 6855 |
|---|
| 10572 | + | provided such sums do not exceed the endowment fund state grant 6856 |
|---|
| 10573 | + | maximum commitment for the fiscal year in which the grant is made. 6857 |
|---|
| 10574 | + | Endowment fund eligible gifts that meet the criteria set forth in this 6858 |
|---|
| 10575 | + | subdivision, made by donors during the period from January 1, 2005, to 6859 |
|---|
| 10576 | + | June 30, 2005, shall continue to be matched by the Office of Higher 6860 |
|---|
| 10577 | + | Education in an amount equal to one-half of the total amount of 6861 |
|---|
| 10578 | + | endowment fund eligible gifts received. Commitments by donors to 6862 |
|---|
| 10579 | + | make endowment fund eligible gifts for two or more years that meet the 6863 |
|---|
| 10580 | + | Bill No. |
|---|
| 10581 | + | |
|---|
| 10582 | + | |
|---|
| 10583 | + | |
|---|
| 10584 | + | LCO No. 5697 258 of 350 |
|---|
| 10585 | + | |
|---|
| 10586 | + | criteria set forth in this subdivision and that are made for the period 6864 |
|---|
| 10587 | + | prior to December 31, 2004, but ending before December 31, 2012, shall 6865 |
|---|
| 10588 | + | continue to be matched by the Office of Higher Education in an amount 6866 |
|---|
| 10589 | + | equal to one-half of the total amount of endowment fund eligible gifts 6867 |
|---|
| 10590 | + | received through the commitment. 6868 |
|---|
| 10591 | + | (C) In any such fiscal year in which the total of the eligible gifts 6869 |
|---|
| 10592 | + | received by Charter Oak State College exceeds the endowment fund 6870 |
|---|
| 10593 | + | state grant maximum commitment for such fiscal year the amount in 6871 |
|---|
| 10594 | + | excess of such endowment fund state grant maximum commitment 6872 |
|---|
| 10595 | + | shall be carried forward and be eligible for a matching state grant in any 6873 |
|---|
| 10596 | + | succeeding fiscal year from the fiscal year ending June 30, 2000, to the 6874 |
|---|
| 10597 | + | fiscal year ending June 30, 2014, inclusive, subject to the endowment 6875 |
|---|
| 10598 | + | fund state grant maximum commitment. Any endowment fund eligible 6876 |
|---|
| 10599 | + | gifts that are not included in the total amount of endowment fund 6877 |
|---|
| 10600 | + | eligible gifts certified by the chairperson of the Board of Regents for 6878 |
|---|
| 10601 | + | Higher Education pursuant to this subdivision may be carried forward 6879 |
|---|
| 10602 | + | and be eligible for a matching state grant in any succeeding fiscal year 6880 |
|---|
| 10603 | + | from the fiscal year ending June 30, 2000, to the fiscal year ending June 6881 |
|---|
| 10604 | + | 30, 2014, inclusive, subject to the endowment fund state matching grant 6882 |
|---|
| 10605 | + | maximum commitment for such fiscal year. 6883 |
|---|
| 10606 | + | Sec. 183. Section 10a-154e of the 2024 supplement to the general 6884 |
|---|
| 10607 | + | statutes is repealed and the following is substituted in lieu thereof 6885 |
|---|
| 10608 | + | (Effective from passage): 6886 |
|---|
| 10609 | + | (a) On or before January 1, 2024, the Office of Higher Education shall 6887 |
|---|
| 10610 | + | establish and administer, within available appropriations, an adjunct 6888 |
|---|
| 10611 | + | professor incentive grant program. The program shall provide an 6889 |
|---|
| 10612 | + | incentive grant in an amount of twenty thousand dollars to each 6890 |
|---|
| 10613 | + | licensed health care provider who (1) accepts a position as an adjunct 6891 |
|---|
| 10614 | + | professor at a public institution of higher education that was offered to 6892 |
|---|
| 10615 | + | such provider after being considered as an applicant for such position 6893 |
|---|
| 10616 | + | pursuant to section 10a-154d, and (2) remains in such position for not 6894 |
|---|
| 10617 | + | less than one academic year. Each licensed health care provider who 6895 |
|---|
| 10618 | + | Bill No. |
|---|
| 10619 | + | |
|---|
| 10620 | + | |
|---|
| 10621 | + | |
|---|
| 10622 | + | LCO No. 5697 259 of 350 |
|---|
| 10623 | + | |
|---|
| 10624 | + | receives a grant under this subsection shall be eligible for an additional 6896 |
|---|
| 10625 | + | grant in an amount of twenty thousand dollars if the provider remains 6897 |
|---|
| 10626 | + | in such position for not less than two academic years. The [executive 6898 |
|---|
| 10627 | + | director of the Office] Commissioner of Higher Education shall establish 6899 |
|---|
| 10628 | + | the application process for the grant program. 6900 |
|---|
| 10629 | + | (b) Not later than January 1, 2025, and annually thereafter, the 6901 |
|---|
| 10630 | + | [executive director of the Office] Commissioner of Higher Education 6902 |
|---|
| 10631 | + | shall report, in accordance with the provisions of section 11-4a, to the 6903 |
|---|
| 10632 | + | joint standing committee of the General Assembly having cognizance of 6904 |
|---|
| 10633 | + | matters relating to public health regarding the number and 6905 |
|---|
| 10634 | + | demographics of the adjunct professors who applied for and received 6906 |
|---|
| 10635 | + | incentive grants from the adjunct professor grant program established 6907 |
|---|
| 10636 | + | under subsection (a) of this section, the number and types of classes 6908 |
|---|
| 10637 | + | taught by such adjunct professors, the institutions of higher education 6909 |
|---|
| 10638 | + | employing such adjunct professors and any other information deemed 6910 |
|---|
| 10639 | + | pertinent by the [executive director] commissioner. 6911 |
|---|
| 10640 | + | Sec. 184. Section 10a-164b of the general statutes is repealed and the 6912 |
|---|
| 10641 | + | following is substituted in lieu thereof (Effective from passage): 6913 |
|---|
| 10642 | + | (a) For the fiscal years ending June 30, 2023, to June 30, 2025, 6914 |
|---|
| 10643 | + | inclusive, the Office of Higher Education shall administer a grant 6915 |
|---|
| 10644 | + | program to provide grants to public and independent institutions of 6916 |
|---|
| 10645 | + | higher education, for the delivery of mental health services to students 6917 |
|---|
| 10646 | + | on campus. 6918 |
|---|
| 10647 | + | (b) On and after January 1, 2023, applications for grants pursuant to 6919 |
|---|
| 10648 | + | subsection (a) of this section shall be filed with the [executive director of 6920 |
|---|
| 10649 | + | the Office] Commissioner of Higher Education at such time, and in such 6921 |
|---|
| 10650 | + | manner, as the [executive director] commissioner prescribes. As part of 6922 |
|---|
| 10651 | + | the application, the applicant shall submit a plan for the expenditure of 6923 |
|---|
| 10652 | + | grant funds. 6924 |
|---|
| 10653 | + | (c) For the fiscal year ending June 30, 2023, the [executive director of 6925 |
|---|
| 10654 | + | the Office] Commissioner of Higher Education may award a grant to an 6926 |
|---|
| 10655 | + | Bill No. |
|---|
| 10656 | + | |
|---|
| 10657 | + | |
|---|
| 10658 | + | |
|---|
| 10659 | + | LCO No. 5697 260 of 350 |
|---|
| 10660 | + | |
|---|
| 10661 | + | applicant and shall determine the amount of the grant award based on 6927 |
|---|
| 10662 | + | the plan submitted by such applicant pursuant to subsection (b) of this 6928 |
|---|
| 10663 | + | section. The [executive director] commissioner shall pay a grant to each 6929 |
|---|
| 10664 | + | grant recipient in each of the fiscal years ending June 30, 2023, to June 6930 |
|---|
| 10665 | + | 30, 2025, inclusive, as follows: (1) For the fiscal year ending June 30, 2023, 6931 |
|---|
| 10666 | + | the amount of the grant shall be as determined by the commissioner 6932 |
|---|
| 10667 | + | under this subsection; (2) for the fiscal year ending June 30, 2024, the 6933 |
|---|
| 10668 | + | amount of the grant shall be the same amount as the grant awarded for 6934 |
|---|
| 10669 | + | the prior fiscal year; and (3) for the fiscal year ending June 30, 2025, the 6935 |
|---|
| 10670 | + | amount of the grant shall be seventy per cent of the amount of the grant 6936 |
|---|
| 10671 | + | awarded for the prior fiscal year. 6937 |
|---|
| 10672 | + | (d) Grant recipients shall file expenditure reports with the [executive 6938 |
|---|
| 10673 | + | director of the Office] Commissioner of Higher Education at such time 6939 |
|---|
| 10674 | + | and in such manner as the [executive director] commissioner prescribes. 6940 |
|---|
| 10675 | + | A grant recipient shall only expend grant funds received under this 6941 |
|---|
| 10676 | + | section in accordance with the plan submitted pursuant to subsection 6942 |
|---|
| 10677 | + | (b) of this section, and a grant recipient may not use such grant funds 6943 |
|---|
| 10678 | + | received under this section for the purpose of any operating expenses 6944 |
|---|
| 10679 | + | that existed prior to receipt of such grant. Grant recipients shall refund 6945 |
|---|
| 10680 | + | to the Office of Higher Education (1) any unexpended amounts at the 6946 |
|---|
| 10681 | + | close of the fiscal year in which the grant was awarded, and (2) any 6947 |
|---|
| 10682 | + | amounts not expended in accordance with the plan for which such grant 6948 |
|---|
| 10683 | + | application was approved. 6949 |
|---|
| 10684 | + | (e) Each grant recipient, in collaboration with the Office of Higher 6950 |
|---|
| 10685 | + | Education, shall develop metrics to annually track and calculate the 6951 |
|---|
| 10686 | + | utilization rate of the grant program for such grant recipient in order to 6952 |
|---|
| 10687 | + | measure the success of the program. Such grant recipient shall annually 6953 |
|---|
| 10688 | + | submit such metrics and utilization rate to the office. 6954 |
|---|
| 10689 | + | (f) For the purposes of carrying out the provisions of this section, the 6955 |
|---|
| 10690 | + | Office of Higher Education may accept funds from private sources or 6956 |
|---|
| 10691 | + | any other state agency, gifts, grants and donations, including, but not 6957 |
|---|
| 10692 | + | limited to, in-kind contributions. 6958 |
|---|
| 10693 | + | Bill No. |
|---|
| 10694 | + | |
|---|
| 10695 | + | |
|---|
| 10696 | + | |
|---|
| 10697 | + | LCO No. 5697 261 of 350 |
|---|
| 10698 | + | |
|---|
| 10699 | + | (g) (1) Not later than January 1, 2024, and each January first thereafter, 6959 |
|---|
| 10700 | + | until and including January 1, 2026, the [executive director of the Office] 6960 |
|---|
| 10701 | + | Commissioner of Higher Education shall submit a report, in accordance 6961 |
|---|
| 10702 | + | with the provisions of section 11-4a, on the utilization rate for each grant 6962 |
|---|
| 10703 | + | recipient calculated pursuant to subsection (e) of this section, to the joint 6963 |
|---|
| 10704 | + | standing committee of the General Assembly having cognizance of 6964 |
|---|
| 10705 | + | matters relating to higher education. 6965 |
|---|
| 10706 | + | (2) Not later than January 1, 2026, the [executive director] 6966 |
|---|
| 10707 | + | commissioner shall develop recommendations concerning (A) whether 6967 |
|---|
| 10708 | + | such grant program should be extended and funded for the fiscal year 6968 |
|---|
| 10709 | + | ending June 30, 2026, and each fiscal year thereafter, and (B) the amount 6969 |
|---|
| 10710 | + | of the grant award under the program. The [executive director] 6970 |
|---|
| 10711 | + | commissioner shall submit such recommendations, in accordance with 6971 |
|---|
| 10712 | + | the provisions of section 11-4a, to the joint standing committee of the 6972 |
|---|
| 10713 | + | General Assembly having cognizance of matters relating to higher 6973 |
|---|
| 10714 | + | education. 6974 |
|---|
| 10715 | + | Sec. 185. Subsection (d) of section 10a-168b of the general statutes is 6975 |
|---|
| 10716 | + | repealed and the following is substituted in lieu thereof (Effective from 6976 |
|---|
| 10717 | + | passage): 6977 |
|---|
| 10718 | + | (d) Persons may apply to the Office of Higher Education for grants 6978 |
|---|
| 10719 | + | under this section at such time and in such manner as the [executive 6979 |
|---|
| 10720 | + | director of the Office] Commissioner of Higher Education prescribes. 6980 |
|---|
| 10721 | + | Sec. 186. Subdivision (10) of subsection (b) of section 2-137 of the 2024 6981 |
|---|
| 10722 | + | supplement to the general statutes is repealed and the following is 6982 |
|---|
| 10723 | + | substituted in lieu thereof (Effective from passage): 6983 |
|---|
| 10724 | + | (10) The [executive director of the Office] Commissioner of Health 6984 |
|---|
| 10725 | + | Strategy, or the [executive director's] commissioner's designee; 6985 |
|---|
| 10726 | + | Sec. 187. Section 4-5 of the 2024 supplement to the general statutes is 6986 |
|---|
| 10727 | + | repealed and the following is substituted in lieu thereof (Effective from 6987 |
|---|
| 10728 | + | passage): 6988 |
|---|
| 10729 | + | Bill No. |
|---|
| 10730 | + | |
|---|
| 10731 | + | |
|---|
| 10732 | + | |
|---|
| 10733 | + | LCO No. 5697 262 of 350 |
|---|
| 10734 | + | |
|---|
| 10735 | + | As used in sections 4-6, 4-7 and 4-8, the term "department head" 6989 |
|---|
| 10736 | + | means the Secretary of the Office of Policy and Management, 6990 |
|---|
| 10737 | + | Commissioner of Administrative Services, Commissioner of Revenue 6991 |
|---|
| 10738 | + | Services, Banking Commissioner, Commissioner of Children and 6992 |
|---|
| 10739 | + | Families, Commissioner of Consumer Protection, Commissioner of 6993 |
|---|
| 10740 | + | Correction, Commissioner of Economic and Community Development, 6994 |
|---|
| 10741 | + | State Board of Education, Commissioner of Emergency Services and 6995 |
|---|
| 10742 | + | Public Protection, Commissioner of Energy and Environmental 6996 |
|---|
| 10743 | + | Protection, Commissioner of Agriculture, Commissioner of Public 6997 |
|---|
| 10744 | + | Health, Insurance Commissioner, Labor Commissioner, Commissioner 6998 |
|---|
| 10745 | + | of Mental Health and Addiction Services, Commissioner of Social 6999 |
|---|
| 10746 | + | Services, Commissioner of Developmental Services, Commissioner of 7000 |
|---|
| 10747 | + | Motor Vehicles, Commissioner of Transportation, Commissioner of 7001 |
|---|
| 10748 | + | Veterans Affairs, Commissioner of Housing, Commissioner of Aging 7002 |
|---|
| 10749 | + | and Disability Services, Commissioner of Early Childhood, [executive 7003 |
|---|
| 10750 | + | director of the Office] Commissioner of Health Strategy, executive 7004 |
|---|
| 10751 | + | director of the Office of Military Affairs, executive director of the 7005 |
|---|
| 10752 | + | Technical Education and Career System, Chief Workforce Officer and 7006 |
|---|
| 10753 | + | [executive director of the Office] Commissioner of Higher Education. As 7007 |
|---|
| 10754 | + | used in sections 4-6 and 4-7, "department head" also means the 7008 |
|---|
| 10755 | + | Commissioner of Education. 7009 |
|---|
| 10756 | + | Sec. 188. Section 10-532 of the 2024 supplement to the general statutes 7010 |
|---|
| 10757 | + | is repealed and the following is substituted in lieu thereof (Effective from 7011 |
|---|
| 10758 | + | passage): 7012 |
|---|
| 10759 | + | (a) As used in this section, "universal nurse home visiting" means an 7013 |
|---|
| 10760 | + | evidence-based nurse home visiting model in which a registered nurse, 7014 |
|---|
| 10761 | + | licensed pursuant to chapter 378, with specialized training provides 7015 |
|---|
| 10762 | + | services in the home to families with newborns in accordance with the 7016 |
|---|
| 10763 | + | provisions of this section. 7017 |
|---|
| 10764 | + | (b) The Commissioner of Early Childhood, in collaboration with the 7018 |
|---|
| 10765 | + | Commissioners of Social Services, [and] Public Health and [the 7019 |
|---|
| 10766 | + | Executive Director of the Office of] Health Strategy, shall, within 7020 |
|---|
| 10767 | + | Bill No. |
|---|
| 10768 | + | |
|---|
| 10769 | + | |
|---|
| 10770 | + | |
|---|
| 10771 | + | LCO No. 5697 263 of 350 |
|---|
| 10772 | + | |
|---|
| 10773 | + | available appropriations, develop a state-wide program to offer 7021 |
|---|
| 10774 | + | universal nurse home visiting services to all families with newborns 7022 |
|---|
| 10775 | + | residing in the state to support parental health, healthy child 7023 |
|---|
| 10776 | + | development and strengthen families. 7024 |
|---|
| 10777 | + | (c) When developing the program, said commissioners [and 7025 |
|---|
| 10778 | + | executive director,] shall (1) consult with insurers that offer health 7026 |
|---|
| 10779 | + | benefit plans in the state, hospitals, local public health authorities, 7027 |
|---|
| 10780 | + | existing early childhood home visiting programs, community-based 7028 |
|---|
| 10781 | + | organizations and social service providers; and (2) maximize the use of 7029 |
|---|
| 10782 | + | available federal funding. 7030 |
|---|
| 10783 | + | (d) The program shall provide universal nurse home visiting services 7031 |
|---|
| 10784 | + | that are (1) evidence-based, and (2) designed to improve outcomes in 7032 |
|---|
| 10785 | + | one or more of the following areas: (A) Child safety; (B) child health and 7033 |
|---|
| 10786 | + | development; (C) family economic self-sufficiency; (D) maternal and 7034 |
|---|
| 10787 | + | parental health; (E) positive parenting; (F) reducing child mistreatment; 7035 |
|---|
| 10788 | + | (G) reducing family violence; (H) parent-infant bonding; and (I) any 7036 |
|---|
| 10789 | + | other appropriate area established, in writing, by the Commissioners of 7037 |
|---|
| 10790 | + | Early Childhood, Social Services, [and] Public Health and [the executive 7038 |
|---|
| 10791 | + | director of the Office of] Health Strategy. 7039 |
|---|
| 10792 | + | (e) The universal nurse home visiting services provided pursuant to 7040 |
|---|
| 10793 | + | the program shall (1) be voluntary and carry no negative consequences 7041 |
|---|
| 10794 | + | for a family that declines to participate, (2) include an evidence-based 7042 |
|---|
| 10795 | + | assessment of the physical, social and emotional factors affecting a 7043 |
|---|
| 10796 | + | family receiving such services, (3) include at least one visit during a 7044 |
|---|
| 10797 | + | newborn's first three months of life or other time frame as deemed 7045 |
|---|
| 10798 | + | appropriate by said commissioners [and executive director] and that is 7046 |
|---|
| 10799 | + | consistent with an evidence-based model, (4) allow families to choose 7047 |
|---|
| 10800 | + | up to a certain number of additional visits consistent with such model, 7048 |
|---|
| 10801 | + | (5) include a follow-up visit no later than three months or other time 7049 |
|---|
| 10802 | + | frame established by such model after the last visit, and (6) provide 7050 |
|---|
| 10803 | + | information and referrals to address each family's identified needs. Such 7051 |
|---|
| 10804 | + | services may be offered in every community in the state and to all 7052 |
|---|
| 10805 | + | Bill No. |
|---|
| 10806 | + | |
|---|
| 10807 | + | |
|---|
| 10808 | + | |
|---|
| 10809 | + | LCO No. 5697 264 of 350 |
|---|
| 10810 | + | |
|---|
| 10811 | + | families with newborns based on the full extent of available provider 7053 |
|---|
| 10812 | + | capacity. 7054 |
|---|
| 10813 | + | (f) The Commissioner of Social Services may seek approval of an 7055 |
|---|
| 10814 | + | amendment to the state Medicaid plan or a waiver from federal law to 7056 |
|---|
| 10815 | + | provide coverage for universal nurse home visiting services provided 7057 |
|---|
| 10816 | + | pursuant to this section and in a time frame and manner to ensure that 7058 |
|---|
| 10817 | + | such coverage does not duplicate other applicable federal funding. 7059 |
|---|
| 10818 | + | (g) The Commissioner of Early Childhood, in collaboration with the 7060 |
|---|
| 10819 | + | Commissioners of Social Services, [and] Public Health and [the 7061 |
|---|
| 10820 | + | executive director of the Office of] Health Strategy, shall collect and 7062 |
|---|
| 10821 | + | analyze data generated by the program to assess the effectiveness of the 7063 |
|---|
| 10822 | + | program in meeting the goals described in subsection (d) of this section 7064 |
|---|
| 10823 | + | and collaborate with other state agencies to develop protocols for 7065 |
|---|
| 10824 | + | sharing such data, including the timely sharing of data with primary 7066 |
|---|
| 10825 | + | care providers that provide care to families with newborns receiving 7067 |
|---|
| 10826 | + | universal nurse home visiting services pursuant to the provisions of this 7068 |
|---|
| 10827 | + | section. 7069 |
|---|
| 10828 | + | Sec. 189. Subsections (b) to (f), inclusive, of section 17b-59a of the 7070 |
|---|
| 10829 | + | general statutes are repealed and the following is substituted in lieu 7071 |
|---|
| 10830 | + | thereof (Effective from passage): 7072 |
|---|
| 10831 | + | (b) The Commissioner of Social Services, in consultation with the 7073 |
|---|
| 10832 | + | [executive director of the Office] Commissioner of Health Strategy, 7074 |
|---|
| 10833 | + | [established under section 19a-754a,] shall (1) develop, throughout the 7075 |
|---|
| 10834 | + | Departments of Developmental Services, Public Health, Correction, 7076 |
|---|
| 10835 | + | Children and Families, Veterans Affairs and Mental Health and 7077 |
|---|
| 10836 | + | Addiction Services, uniform management information, uniform 7078 |
|---|
| 10837 | + | statistical information, uniform terminology for similar facilities, and 7079 |
|---|
| 10838 | + | uniform electronic health information technology standards, (2) plan for 7080 |
|---|
| 10839 | + | increased participation of the private sector in the delivery of human 7081 |
|---|
| 10840 | + | services, and (3) provide direction and coordination to federally funded 7082 |
|---|
| 10841 | + | programs in the human services agencies and recommend uniform 7083 |
|---|
| 10842 | + | Bill No. |
|---|
| 10843 | + | |
|---|
| 10844 | + | |
|---|
| 10845 | + | |
|---|
| 10846 | + | LCO No. 5697 265 of 350 |
|---|
| 10847 | + | |
|---|
| 10848 | + | system improvements and reallocation of physical resources and 7084 |
|---|
| 10849 | + | designation of a single responsibility across human services agencies 7085 |
|---|
| 10850 | + | lines to facilitate shared services and eliminate duplication. 7086 |
|---|
| 10851 | + | (c) The [executive director of the Office] Commissioner of Health 7087 |
|---|
| 10852 | + | Strategy shall, in consultation with the Commissioner of Social Services 7088 |
|---|
| 10853 | + | and the State Health Information Technology Advisory Council, 7089 |
|---|
| 10854 | + | established pursuant to section 17b-59f, implement and periodically 7090 |
|---|
| 10855 | + | revise the state-wide health information technology plan established 7091 |
|---|
| 10856 | + | pursuant to this section and shall establish electronic data standards to 7092 |
|---|
| 10857 | + | facilitate the development of integrated electronic health information 7093 |
|---|
| 10858 | + | systems for use by health care providers and institutions that receive 7094 |
|---|
| 10859 | + | state funding. Such electronic data standards shall: (1) Include 7095 |
|---|
| 10860 | + | provisions relating to security, privacy, data content, structures and 7096 |
|---|
| 10861 | + | format, vocabulary and transmission protocols; (2) limit the use and 7097 |
|---|
| 10862 | + | dissemination of an individual's Social Security number and require the 7098 |
|---|
| 10863 | + | encryption of any Social Security number provided by an individual; (3) 7099 |
|---|
| 10864 | + | require privacy standards no less stringent than the "Standards for 7100 |
|---|
| 10865 | + | Privacy of Individually Identifiable Health Information" established 7101 |
|---|
| 10866 | + | under the Health Insurance Portability and Accountability Act of 1996, 7102 |
|---|
| 10867 | + | P.L. 104-191, as amended from time to time, and contained in 45 CFR 7103 |
|---|
| 10868 | + | 160, 164; (4) require that individually identifiable health information be 7104 |
|---|
| 10869 | + | secure and that access to such information be traceable by an electronic 7105 |
|---|
| 10870 | + | audit trail; (5) be compatible with any national data standards in order 7106 |
|---|
| 10871 | + | to allow for interstate interoperability; (6) permit the collection of health 7107 |
|---|
| 10872 | + | information in a standard electronic format; and (7) be compatible with 7108 |
|---|
| 10873 | + | the requirements for an electronic health information system. 7109 |
|---|
| 10874 | + | (d) The [executive director of the Office] Commissioner of Health 7110 |
|---|
| 10875 | + | Strategy shall, within existing resources and in consultation with the 7111 |
|---|
| 10876 | + | State Health Information Technology Advisory Council: (1) Oversee the 7112 |
|---|
| 10877 | + | development and implementation of the State-wide Health Information 7113 |
|---|
| 10878 | + | Exchange in conformance with section 17b-59d; (2) coordinate the state's 7114 |
|---|
| 10879 | + | health information technology and health information exchange efforts 7115 |
|---|
| 10880 | + | to ensure consistent and collaborative cross-agency planning and 7116 |
|---|
| 10881 | + | Bill No. |
|---|
| 10882 | + | |
|---|
| 10883 | + | |
|---|
| 10884 | + | |
|---|
| 10885 | + | LCO No. 5697 266 of 350 |
|---|
| 10886 | + | |
|---|
| 10887 | + | implementation; and (3) serve as the state liaison to, and work 7117 |
|---|
| 10888 | + | collaboratively with, the State-wide Health Information Exchange 7118 |
|---|
| 10889 | + | established pursuant to section 17b-59d to ensure consistency between 7119 |
|---|
| 10890 | + | the state-wide health information technology plan and the State-wide 7120 |
|---|
| 10891 | + | Health Information Exchange and to support the state's health 7121 |
|---|
| 10892 | + | information technology and exchange goals. 7122 |
|---|
| 10893 | + | (e) The state-wide health information technology plan, implemented 7123 |
|---|
| 10894 | + | and periodically revised pursuant to subsection (c) of this section, shall 7124 |
|---|
| 10895 | + | enhance interoperability to support optimal health outcomes and 7125 |
|---|
| 10896 | + | include, but not be limited to (1) general standards and protocols for 7126 |
|---|
| 10897 | + | health information exchange, and (2) national data standards to support 7127 |
|---|
| 10898 | + | secure data exchange data standards to facilitate the development of a 7128 |
|---|
| 10899 | + | state-wide, integrated electronic health information system for use by 7129 |
|---|
| 10900 | + | health care providers and institutions that are licensed by the state. Such 7130 |
|---|
| 10901 | + | electronic data standards shall (A) include provisions relating to 7131 |
|---|
| 10902 | + | security, privacy, data content, structures and format, vocabulary and 7132 |
|---|
| 10903 | + | transmission protocols, (B) be compatible with any national data 7133 |
|---|
| 10904 | + | standards in order to allow for interstate interoperability, (C) permit the 7134 |
|---|
| 10905 | + | collection of health information in a standard electronic format, and (D) 7135 |
|---|
| 10906 | + | be compatible with the requirements for an electronic health 7136 |
|---|
| 10907 | + | information system. 7137 |
|---|
| 10908 | + | (f) Not later than February 1, 2017, and annually thereafter, the 7138 |
|---|
| 10909 | + | [executive director of the Office] Commissioner of Health Strategy, in 7139 |
|---|
| 10910 | + | consultation with the State Health Information Technology Advisory 7140 |
|---|
| 10911 | + | Council, shall report in accordance with the provisions of section 11-4a 7141 |
|---|
| 10912 | + | to the joint standing committees of the General Assembly having 7142 |
|---|
| 10913 | + | cognizance of matters relating to human services and public health 7143 |
|---|
| 10914 | + | concerning: (1) The development and implementation of the state-wide 7144 |
|---|
| 10915 | + | health information technology plan and data standards, established and 7145 |
|---|
| 10916 | + | implemented by the [executive director of the Office] Commissioner of 7146 |
|---|
| 10917 | + | Health Strategy pursuant to this section; (2) the establishment of the 7147 |
|---|
| 10918 | + | State-wide Health Information Exchange; and (3) recommendations for 7148 |
|---|
| 10919 | + | policy, regulatory and legislative changes and other initiatives to 7149 |
|---|
| 10920 | + | Bill No. |
|---|
| 10921 | + | |
|---|
| 10922 | + | |
|---|
| 10923 | + | |
|---|
| 10924 | + | LCO No. 5697 267 of 350 |
|---|
| 10925 | + | |
|---|
| 10926 | + | promote the state's health information technology and exchange goals. 7150 |
|---|
| 10927 | + | Sec. 190. Subsections (d) to (g), inclusive, of section 17b-59d of the 7151 |
|---|
| 10928 | + | general statutes are repealed and the following is substituted in lieu 7152 |
|---|
| 10929 | + | thereof (Effective from passage): 7153 |
|---|
| 10930 | + | (d) (1) The [executive director of the Office] Commissioner of Health 7154 |
|---|
| 10931 | + | Strategy, in consultation with the Secretary of the Office of Policy and 7155 |
|---|
| 10932 | + | Management and the State Health Information Technology Advisory 7156 |
|---|
| 10933 | + | Council, established pursuant to section 17b-59f, shall, upon the 7157 |
|---|
| 10934 | + | approval by the State Bond Commission of bond funds authorized by 7158 |
|---|
| 10935 | + | the General Assembly for the purposes of establishing a State-wide 7159 |
|---|
| 10936 | + | Health Information Exchange, develop and issue a request for proposals 7160 |
|---|
| 10937 | + | for the development, management and operation of the State-wide 7161 |
|---|
| 10938 | + | Health Information Exchange. Such request shall promote the reuse of 7162 |
|---|
| 10939 | + | any and all enterprise health information technology assets, such as the 7163 |
|---|
| 10940 | + | existing Provider Directory, Enterprise Master Person Index, Direct 7164 |
|---|
| 10941 | + | Secure Messaging Health Information Service provider infrastructure, 7165 |
|---|
| 10942 | + | analytic capabilities and tools that exist in the state or are in the process 7166 |
|---|
| 10943 | + | of being deployed. Any enterprise health information exchange 7167 |
|---|
| 10944 | + | technology assets purchased after June 2, 2016, and prior to the 7168 |
|---|
| 10945 | + | implementation of the State-wide Health Information Exchange shall be 7169 |
|---|
| 10946 | + | capable of interoperability with a State-wide Health Information 7170 |
|---|
| 10947 | + | Exchange. 7171 |
|---|
| 10948 | + | (2) Such request for proposals may require an eligible organization 7172 |
|---|
| 10949 | + | responding to the request to: (A) Have not less than three years of 7173 |
|---|
| 10950 | + | experience operating either a state-wide health information exchange in 7174 |
|---|
| 10951 | + | any state or a regional exchange serving a population of not less than 7175 |
|---|
| 10952 | + | one million that (i) enables the exchange of patient health information 7176 |
|---|
| 10953 | + | among health care providers, patients and other authorized users 7177 |
|---|
| 10954 | + | without regard to location, source of payment or technology, (ii) 7178 |
|---|
| 10955 | + | includes, with proper consent, behavioral health and substance abuse 7179 |
|---|
| 10956 | + | treatment information, (iii) supports transitions of care and care 7180 |
|---|
| 10957 | + | coordination through real-time health care provider alerts and access to 7181 |
|---|
| 10958 | + | Bill No. |
|---|
| 10959 | + | |
|---|
| 10960 | + | |
|---|
| 10961 | + | |
|---|
| 10962 | + | LCO No. 5697 268 of 350 |
|---|
| 10963 | + | |
|---|
| 10964 | + | clinical information, (iv) allows health information to follow each 7182 |
|---|
| 10965 | + | patient, (v) allows patients to access and manage their health data, and 7183 |
|---|
| 10966 | + | (vi) has demonstrated success in reducing costs associated with 7184 |
|---|
| 10967 | + | preventable readmissions, duplicative testing or medical errors; (B) be 7185 |
|---|
| 10968 | + | committed to, and demonstrate, a high level of transparency in its 7186 |
|---|
| 10969 | + | governance, decision-making and operations; (C) be capable of 7187 |
|---|
| 10970 | + | providing consulting to ensure effective governance; (D) be regulated or 7188 |
|---|
| 10971 | + | administratively overseen by a state government agency; and (E) have 7189 |
|---|
| 10972 | + | sufficient staff and appropriate expertise and experience to carry out the 7190 |
|---|
| 10973 | + | administrative, operational and financial responsibilities of the State-7191 |
|---|
| 10974 | + | wide Health Information Exchange. 7192 |
|---|
| 10975 | + | (e) Notwithstanding the provisions of subsection (d) of this section, 7193 |
|---|
| 10976 | + | if, on or before January 1, 2016, the Commissioner of Social Services, in 7194 |
|---|
| 10977 | + | consultation with the State Health Information Technology Advisory 7195 |
|---|
| 10978 | + | Council, established pursuant to section 17b-59f, submits a plan to the 7196 |
|---|
| 10979 | + | Secretary of the Office of Policy and Management for the establishment 7197 |
|---|
| 10980 | + | of a State-wide Health Information Exchange consistent with 7198 |
|---|
| 10981 | + | subsections (a), (b) and (c) of this section, and such plan is approved by 7199 |
|---|
| 10982 | + | the secretary, the commissioner may implement such plan and enter 7200 |
|---|
| 10983 | + | into any contracts or agreements to implement such plan. 7201 |
|---|
| 10984 | + | (f) The [executive director of the Office] Commissioner of Health 7202 |
|---|
| 10985 | + | Strategy shall have administrative authority over the State-wide Health 7203 |
|---|
| 10986 | + | Information Exchange. The [executive director] commissioner shall be 7204 |
|---|
| 10987 | + | responsible for designating, and posting on its Internet web site, the list 7205 |
|---|
| 10988 | + | of systems, technologies, entities and programs that shall constitute the 7206 |
|---|
| 10989 | + | State-wide Health Information Exchange. Systems, technologies, 7207 |
|---|
| 10990 | + | entities, and programs that have not been so designated shall not be 7208 |
|---|
| 10991 | + | considered part of said exchange. 7209 |
|---|
| 10992 | + | (g) The [executive director of the Office] Commissioner of Health 7210 |
|---|
| 10993 | + | Strategy shall adopt regulations in accordance with the provisions of 7211 |
|---|
| 10994 | + | chapter 54 that set forth requirements necessary to implement the 7212 |
|---|
| 10995 | + | provisions of this section. The [executive director] commissioner may 7213 |
|---|
| 10996 | + | Bill No. |
|---|
| 10997 | + | |
|---|
| 10998 | + | |
|---|
| 10999 | + | |
|---|
| 11000 | + | LCO No. 5697 269 of 350 |
|---|
| 11001 | + | |
|---|
| 11002 | + | implement policies and procedures necessary to administer the 7214 |
|---|
| 11003 | + | provisions of this section while in the process of adopting such policies 7215 |
|---|
| 11004 | + | and procedures in regulation form, provided the [executive director] 7216 |
|---|
| 11005 | + | commissioner holds a public hearing at least thirty days prior to 7217 |
|---|
| 11006 | + | implementing such policies and procedures and publishes notice of 7218 |
|---|
| 11007 | + | intention to adopt the regulations on the Office of Health Strategy's 7219 |
|---|
| 11008 | + | Internet web site and the eRegulations System not later than twenty 7220 |
|---|
| 11009 | + | days after implementing such policies and procedures. Policies and 7221 |
|---|
| 11010 | + | procedures implemented pursuant to this subsection shall be valid until 7222 |
|---|
| 11011 | + | the time such regulations are effective. 7223 |
|---|
| 11012 | + | Sec. 191. Subsection (d) of section 17b-59e of the general statutes is 7224 |
|---|
| 11013 | + | repealed and the following is substituted in lieu thereof (Effective from 7225 |
|---|
| 11014 | + | passage): 7226 |
|---|
| 11015 | + | (d) The [executive director of the Office] Commissioner of Health 7227 |
|---|
| 11016 | + | Strategy shall adopt regulations in accordance with the provisions of 7228 |
|---|
| 11017 | + | chapter 54 that set forth requirements necessary to implement the 7229 |
|---|
| 11018 | + | provisions of this section. The [executive director] commissioner may 7230 |
|---|
| 11019 | + | implement policies and procedures necessary to administer the 7231 |
|---|
| 11020 | + | provisions of this section while in the process of adopting such policies 7232 |
|---|
| 11021 | + | and procedures in regulation form, provided the [executive director] 7233 |
|---|
| 11022 | + | commissioner holds a public hearing at least thirty days prior to 7234 |
|---|
| 11023 | + | implementing such policies and procedures and publishes notice of 7235 |
|---|
| 11024 | + | intention to adopt the regulations on the Office of Health Strategy's 7236 |
|---|
| 11025 | + | Internet web site and the eRegulations System not later than twenty 7237 |
|---|
| 11026 | + | days after implementing such policies and procedures. Policies and 7238 |
|---|
| 11027 | + | procedures implemented pursuant to this subsection shall be valid until 7239 |
|---|
| 11028 | + | the time such regulations are effective. 7240 |
|---|
| 11029 | + | Sec. 192. Section 17b-59f of the general statutes is repealed and the 7241 |
|---|
| 11030 | + | following is substituted in lieu thereof (Effective from passage): 7242 |
|---|
| 11031 | + | (a) There shall be a State Health Information Technology Advisory 7243 |
|---|
| 11032 | + | Council to advise the [executive director of the Office] Commissioner of 7244 |
|---|
| 11033 | + | Bill No. |
|---|
| 11034 | + | |
|---|
| 11035 | + | |
|---|
| 11036 | + | |
|---|
| 11037 | + | LCO No. 5697 270 of 350 |
|---|
| 11038 | + | |
|---|
| 11039 | + | Health Strategy and the health information technology officer, 7245 |
|---|
| 11040 | + | designated in accordance with section 19a-754a, in developing priorities 7246 |
|---|
| 11041 | + | and policy recommendations for advancing the state's health 7247 |
|---|
| 11042 | + | information technology and health information exchange efforts and 7248 |
|---|
| 11043 | + | goals and to advise the [executive director] commissioner and officer in 7249 |
|---|
| 11044 | + | the development and implementation of the state-wide health 7250 |
|---|
| 11045 | + | information technology plan and standards and the State-wide Health 7251 |
|---|
| 11046 | + | Information Exchange, established pursuant to section 17b-59d. The 7252 |
|---|
| 11047 | + | advisory council shall also advise the [executive director] commissioner 7253 |
|---|
| 11048 | + | and officer regarding the development of appropriate governance, 7254 |
|---|
| 11049 | + | oversight and accountability measures to ensure success in achieving 7255 |
|---|
| 11050 | + | the state's health information technology and exchange goals. 7256 |
|---|
| 11051 | + | (b) The council shall consist of the following members: 7257 |
|---|
| 11052 | + | (1) One member appointed by the [executive director of the Office] 7258 |
|---|
| 11053 | + | Commissioner of Health Strategy, who shall be an expert in state health 7259 |
|---|
| 11054 | + | care reform initiatives; 7260 |
|---|
| 11055 | + | (2) The health information technology officer, designated in 7261 |
|---|
| 11056 | + | accordance with section 19a-754a, or the health information technology 7262 |
|---|
| 11057 | + | officer's designee; 7263 |
|---|
| 11058 | + | (3) The Commissioners of Social Services, Mental Health and 7264 |
|---|
| 11059 | + | Addiction Services, Children and Families, Correction, Public Health 7265 |
|---|
| 11060 | + | and Developmental Services, or the commissioners' designees; 7266 |
|---|
| 11061 | + | (4) The Chief Information Officer of the state, or the Chief Information 7267 |
|---|
| 11062 | + | Officer's designee; 7268 |
|---|
| 11063 | + | (5) The chief executive officer of the Connecticut Health Insurance 7269 |
|---|
| 11064 | + | Exchange, or the chief executive officer's designee; 7270 |
|---|
| 11065 | + | (6) The chief information officer of The University of Connecticut 7271 |
|---|
| 11066 | + | Health Center, or the chief information officer's designee; 7272 |
|---|
| 11067 | + | (7) The Healthcare Advocate, or the Healthcare Advocate's designee; 7273 |
|---|
| 11068 | + | Bill No. |
|---|
| 11069 | + | |
|---|
| 11070 | + | |
|---|
| 11071 | + | |
|---|
| 11072 | + | LCO No. 5697 271 of 350 |
|---|
| 11073 | + | |
|---|
| 11074 | + | (8) The Comptroller, or the Comptroller's designee; 7274 |
|---|
| 11075 | + | (9) Five members appointed by the Governor, one each who shall be 7275 |
|---|
| 11076 | + | (A) a representative of a health system that includes more than one 7276 |
|---|
| 11077 | + | hospital, (B) a representative of the health insurance industry, (C) an 7277 |
|---|
| 11078 | + | expert in health information technology, (D) a health care consumer or 7278 |
|---|
| 11079 | + | consumer advocate, and (E) a current or former employee or trustee of 7279 |
|---|
| 11080 | + | a plan established pursuant to subdivision (5) of subsection (c) of 29 USC 7280 |
|---|
| 11081 | + | 186; 7281 |
|---|
| 11082 | + | (10) Three members appointed by the president pro tempore of the 7282 |
|---|
| 11083 | + | Senate, one each who shall be (A) a representative of a federally 7283 |
|---|
| 11084 | + | qualified health center, (B) a provider of behavioral health services, and 7284 |
|---|
| 11085 | + | (C) a physician licensed under chapter 370; 7285 |
|---|
| 11086 | + | (11) Three members appointed by the speaker of the House of 7286 |
|---|
| 11087 | + | Representatives, one each who shall be (A) a technology expert who 7287 |
|---|
| 11088 | + | represents a hospital system, as defined in section 19a-486i, (B) a 7288 |
|---|
| 11089 | + | provider of home health care services, and (C) a health care consumer 7289 |
|---|
| 11090 | + | or a health care consumer advocate; 7290 |
|---|
| 11091 | + | (12) One member appointed by the majority leader of the Senate, who 7291 |
|---|
| 11092 | + | shall be a representative of an independent community hospital; 7292 |
|---|
| 11093 | + | (13) One member appointed by the majority leader of the House of 7293 |
|---|
| 11094 | + | Representatives, who shall be a physician who provides services in a 7294 |
|---|
| 11095 | + | multispecialty group and who is not employed by a hospital; 7295 |
|---|
| 11096 | + | (14) One member appointed by the minority leader of the Senate, who 7296 |
|---|
| 11097 | + | shall be a primary care physician who provides services in a small 7297 |
|---|
| 11098 | + | independent practice; 7298 |
|---|
| 11099 | + | (15) One member appointed by the minority leader of the House of 7299 |
|---|
| 11100 | + | Representatives, who shall be an expert in health care analytics and 7300 |
|---|
| 11101 | + | quality analysis; 7301 |
|---|
| 11102 | + | (16) The president pro tempore of the Senate, or the president's 7302 |
|---|
| 11103 | + | Bill No. |
|---|
| 11104 | + | |
|---|
| 11105 | + | |
|---|
| 11106 | + | |
|---|
| 11107 | + | LCO No. 5697 272 of 350 |
|---|
| 11108 | + | |
|---|
| 11109 | + | designee; 7303 |
|---|
| 11110 | + | (17) The speaker of the House of Representatives, or the speaker's 7304 |
|---|
| 11111 | + | designee; 7305 |
|---|
| 11112 | + | (18) The minority leader of the Senate, or the minority leader's 7306 |
|---|
| 11113 | + | designee; and 7307 |
|---|
| 11114 | + | (19) The minority leader of the House of Representatives, or the 7308 |
|---|
| 11115 | + | minority leader's designee. 7309 |
|---|
| 11116 | + | (c) Any member appointed or designated under subdivisions (10) to 7310 |
|---|
| 11117 | + | (19), inclusive, of subsection (b) of this section may be a member of the 7311 |
|---|
| 11118 | + | General Assembly. 7312 |
|---|
| 11119 | + | (d) (1) The health information technology officer, designated in 7313 |
|---|
| 11120 | + | accordance with section 19a-754a, shall serve as a chairperson of the 7314 |
|---|
| 11121 | + | council. The council shall elect a second chairperson from among its 7315 |
|---|
| 11122 | + | members, who shall not be a state official. The chairpersons of the 7316 |
|---|
| 11123 | + | council may establish subcommittees and working groups and may 7317 |
|---|
| 11124 | + | appoint individuals other than members of the council to serve as 7318 |
|---|
| 11125 | + | members of the subcommittees or working groups. The terms of the 7319 |
|---|
| 11126 | + | members shall be coterminous with the terms of the appointing 7320 |
|---|
| 11127 | + | authority for each member and subject to the provisions of section 4-1a. 7321 |
|---|
| 11128 | + | If any vacancy occurs on the council, the appointing authority having 7322 |
|---|
| 11129 | + | the power to make the appointment under the provisions of this section 7323 |
|---|
| 11130 | + | shall appoint a person in accordance with the provisions of this section. 7324 |
|---|
| 11131 | + | A majority of the members of the council shall constitute a quorum. 7325 |
|---|
| 11132 | + | Members of the council shall serve without compensation, but shall be 7326 |
|---|
| 11133 | + | reimbursed for all reasonable expenses incurred in the performance of 7327 |
|---|
| 11134 | + | their duties. 7328 |
|---|
| 11135 | + | (2) The chairpersons of the council may appoint up to four additional 7329 |
|---|
| 11136 | + | members to the council, who shall serve at the pleasure of the 7330 |
|---|
| 11137 | + | chairpersons. 7331 |
|---|
| 11138 | + | Bill No. |
|---|
| 11139 | + | |
|---|
| 11140 | + | |
|---|
| 11141 | + | |
|---|
| 11142 | + | LCO No. 5697 273 of 350 |
|---|
| 11143 | + | |
|---|
| 11144 | + | (e) (1) The council shall establish a working group to be known as the 7332 |
|---|
| 11145 | + | All-Payer Claims Database Advisory Group. Said group shall include, 7333 |
|---|
| 11146 | + | but need not be limited to, (A) the Secretary of the Office of Policy and 7334 |
|---|
| 11147 | + | Management, the Comptroller, the Commissioners of Public Health, 7335 |
|---|
| 11148 | + | Social Services and Mental Health and Addiction Services, the Insurance 7336 |
|---|
| 11149 | + | Commissioner, the Healthcare Advocate and the Chief Information 7337 |
|---|
| 11150 | + | Officer, or their designees; (B) a representative of the Connecticut State 7338 |
|---|
| 11151 | + | Medical Society; and (C) representatives of health insurance companies, 7339 |
|---|
| 11152 | + | health insurance purchasers, hospitals, consumer advocates and health 7340 |
|---|
| 11153 | + | care providers. The health information technology officer may appoint 7341 |
|---|
| 11154 | + | additional members to said group. 7342 |
|---|
| 11155 | + | (2) The All-Payer Claims Database Advisory Group shall develop a 7343 |
|---|
| 11156 | + | plan to implement a state-wide multipayer data initiative to enhance the 7344 |
|---|
| 11157 | + | state's use of heath care data from multiple sources to increase 7345 |
|---|
| 11158 | + | efficiency, enhance outcomes and improve the understanding of health 7346 |
|---|
| 11159 | + | care expenditures in the public and private sectors. 7347 |
|---|
| 11160 | + | (f) Prior to submitting any application, proposal, planning document 7348 |
|---|
| 11161 | + | or other request seeking federal grants, matching funds or other federal 7349 |
|---|
| 11162 | + | support for health information technology or health information 7350 |
|---|
| 11163 | + | exchange, the [executive director of the Office] Commissioner of Health 7351 |
|---|
| 11164 | + | Strategy or the Commissioner of Social Services shall present such 7352 |
|---|
| 11165 | + | application, proposal, document or other request to the council for 7353 |
|---|
| 11166 | + | review and comment. 7354 |
|---|
| 11167 | + | Sec. 193. Subsections (a) and (b) of section 17b-59g of the general 7355 |
|---|
| 11168 | + | statutes are repealed and the following is substituted in lieu thereof 7356 |
|---|
| 11169 | + | (Effective from passage): 7357 |
|---|
| 11170 | + | (a) The state, acting by and through the Secretary of the Office of 7358 |
|---|
| 11171 | + | Policy and Management, in collaboration with the [executive director of 7359 |
|---|
| 11172 | + | the Office] Commissioner of Health Strategy, shall establish a program 7360 |
|---|
| 11173 | + | to expedite the development of the State-wide Health Information 7361 |
|---|
| 11174 | + | Exchange, established under section 17b-59d, to assist the state, health 7362 |
|---|
| 11175 | + | Bill No. |
|---|
| 11176 | + | |
|---|
| 11177 | + | |
|---|
| 11178 | + | |
|---|
| 11179 | + | LCO No. 5697 274 of 350 |
|---|
| 11180 | + | |
|---|
| 11181 | + | care providers, insurance carriers, physicians and all stakeholders in 7363 |
|---|
| 11182 | + | empowering consumers to make effective health care decisions, 7364 |
|---|
| 11183 | + | promote patient-centered care, improve the quality, safety and value of 7365 |
|---|
| 11184 | + | health care, reduce waste and duplication of services, support clinical 7366 |
|---|
| 11185 | + | decision-making, keep confidential health information secure and make 7367 |
|---|
| 11186 | + | progress toward the state's public health goals. The purposes of the 7368 |
|---|
| 11187 | + | program shall be to (1) assist the State-wide Health Information 7369 |
|---|
| 11188 | + | Exchange in establishing and maintaining itself as a neutral and trusted 7370 |
|---|
| 11189 | + | entity that serves the public good for the benefit of all Connecticut 7371 |
|---|
| 11190 | + | residents, including, but not limited to, Connecticut health care 7372 |
|---|
| 11191 | + | consumers and Connecticut health care providers and carriers, (2) 7373 |
|---|
| 11192 | + | perform, on behalf of the state, the role of intermediary between public 7374 |
|---|
| 11193 | + | and private stakeholders and customers of the State-wide Health 7375 |
|---|
| 11194 | + | Information Exchange, and (3) fulfill the responsibilities of the Office of 7376 |
|---|
| 11195 | + | Health Strategy, as described in section 19a-754a. 7377 |
|---|
| 11196 | + | (b) The [executive director of the Office] Commissioner of Health 7378 |
|---|
| 11197 | + | Strategy, in consultation with the health information technology officer, 7379 |
|---|
| 11198 | + | designated in accordance with section 19a-754, shall design, and the 7380 |
|---|
| 11199 | + | Secretary of the Office of Policy and Management, in collaboration with 7381 |
|---|
| 11200 | + | said [executive director] commissioner, may establish or incorporate an 7382 |
|---|
| 11201 | + | entity to implement the program established under subsection (a) of this 7383 |
|---|
| 11202 | + | section. Such entity shall, without limitation, be owned and governed, 7384 |
|---|
| 11203 | + | in whole or in part, by a party or parties other than the state and may be 7385 |
|---|
| 11204 | + | organized as a nonprofit entity. 7386 |
|---|
| 11205 | + | Sec. 194. Subsection (c) of section 17b-337 of the general statutes is 7387 |
|---|
| 11206 | + | repealed and the following is substituted in lieu thereof (Effective from 7388 |
|---|
| 11207 | + | passage): 7389 |
|---|
| 11208 | + | (c) The Long-Term Care Planning Committee shall consist of: (1) The 7390 |
|---|
| 11209 | + | chairpersons and ranking members of the joint standing committees of 7391 |
|---|
| 11210 | + | the General Assembly having cognizance of matters relating to human 7392 |
|---|
| 11211 | + | services, public health, elderly services and long-term care; (2) the 7393 |
|---|
| 11212 | + | Commissioner of Social Services, or the commissioner's designee; (3) 7394 |
|---|
| 11213 | + | Bill No. |
|---|
| 11214 | + | |
|---|
| 11215 | + | |
|---|
| 11216 | + | |
|---|
| 11217 | + | LCO No. 5697 275 of 350 |
|---|
| 11218 | + | |
|---|
| 11219 | + | one member of the Office of Policy and Management appointed by the 7395 |
|---|
| 11220 | + | Secretary of the Office of Policy and Management; (4) one member from 7396 |
|---|
| 11221 | + | the Department of Public Health appointed by the Commissioner of 7397 |
|---|
| 11222 | + | Public Health; (5) one member from the Department of Housing 7398 |
|---|
| 11223 | + | appointed by the Commissioner of Housing; (6) one member from the 7399 |
|---|
| 11224 | + | Department of Developmental Services appointed by the Commissioner 7400 |
|---|
| 11225 | + | of Developmental Services; (7) one member from the Department of 7401 |
|---|
| 11226 | + | Mental Health and Addiction Services appointed by the Commissioner 7402 |
|---|
| 11227 | + | of Mental Health and Addiction Services; (8) one member from the 7403 |
|---|
| 11228 | + | Department of Transportation appointed by the Commissioner of 7404 |
|---|
| 11229 | + | Transportation; (9) one member from the Department of Children and 7405 |
|---|
| 11230 | + | Families appointed by the Commissioner of Children and Families; (10) 7406 |
|---|
| 11231 | + | one member from the Health Systems Planning Unit of the Office of 7407 |
|---|
| 11232 | + | Health Strategy appointed by the [executive director of the Office] 7408 |
|---|
| 11233 | + | Commissioner of Health Strategy; and (11) one member from the 7409 |
|---|
| 11234 | + | Department of Aging and Disability Services appointed by the 7410 |
|---|
| 11235 | + | Commissioner of Aging and Disability Services. The committee shall 7411 |
|---|
| 11236 | + | convene no later than ninety days after June 4, 1998. Any vacancy shall 7412 |
|---|
| 11237 | + | be filled by the appointing authority. The chairperson shall be elected 7413 |
|---|
| 11238 | + | from among the members of the committee. The committee shall seek 7414 |
|---|
| 11239 | + | the advice and participation of any person, organization or state or 7415 |
|---|
| 11240 | + | federal agency it deems necessary to carry out the provisions of this 7416 |
|---|
| 11241 | + | section. 7417 |
|---|
| 11242 | + | Sec. 195. Section 19a-6q of the general statutes is repealed and the 7418 |
|---|
| 11243 | + | following is substituted in lieu thereof (Effective from passage): 7419 |
|---|
| 11244 | + | The Commissioner of Public Health, in consultation with the 7420 |
|---|
| 11245 | + | [executive director of the Office] Commissioner of Health Strategy [, 7421 |
|---|
| 11246 | + | established under section 19a-754a,] and local and regional health 7422 |
|---|
| 11247 | + | departments, shall, within available resources, develop a plan that is 7423 |
|---|
| 11248 | + | consistent with the Department of Public Health's Healthy Connecticut 7424 |
|---|
| 11249 | + | 2020 health improvement plan and the state healthcare innovation plan 7425 |
|---|
| 11250 | + | developed pursuant to the State Innovation Model Initiative by the 7426 |
|---|
| 11251 | + | Centers for Medicare and Medicaid Services Innovation Center. The 7427 |
|---|
| 11252 | + | Bill No. |
|---|
| 11253 | + | |
|---|
| 11254 | + | |
|---|
| 11255 | + | |
|---|
| 11256 | + | LCO No. 5697 276 of 350 |
|---|
| 11257 | + | |
|---|
| 11258 | + | [commissioner] Commissioner of Public Health shall develop and 7428 |
|---|
| 11259 | + | implement such plan to: (1) Reduce the incidence of tobacco use, high 7429 |
|---|
| 11260 | + | blood pressure, health care associated infections, asthma, unintended 7430 |
|---|
| 11261 | + | pregnancy and diabetes; (2) improve chronic disease care coordination 7431 |
|---|
| 11262 | + | in the state; and (3) reduce the incidence and effects of chronic disease 7432 |
|---|
| 11263 | + | and improve outcomes for conditions associated with chronic disease in 7433 |
|---|
| 11264 | + | the state. The [commissioner] Commissioner of Public Health shall post 7434 |
|---|
| 11265 | + | such plan on the Department of Public Health's Internet web site. 7435 |
|---|
| 11266 | + | Sec. 196. Subsections (b) to (h), inclusive, of section 19a-127k of the 7436 |
|---|
| 11267 | + | general statutes are repealed and the following is substituted in lieu 7437 |
|---|
| 11268 | + | thereof (Effective from passage): 7438 |
|---|
| 11269 | + | (b) On and after January 1, 2023, each hospital shall submit 7439 |
|---|
| 11270 | + | community benefit program reporting to the Office of Health Strategy, 7440 |
|---|
| 11271 | + | or to a designee selected by the [executive director of the Office] 7441 |
|---|
| 11272 | + | Commissioner of Health Strategy, in the form and manner described in 7442 |
|---|
| 11273 | + | subsections (c) to (e), inclusive, of this section. 7443 |
|---|
| 11274 | + | (c) Each hospital shall submit its community health needs assessment 7444 |
|---|
| 11275 | + | to the Office of Health Strategy not later than thirty days after the date 7445 |
|---|
| 11276 | + | on which such assessment is made available to the public pursuant to 7446 |
|---|
| 11277 | + | 26 CFR 1.501(r)-(3)(b), provided the [executive director of the Office] 7447 |
|---|
| 11278 | + | Commissioner of Health Strategy, or the [executive director's] 7448 |
|---|
| 11279 | + | commissioner's designee, may grant an extension of time to a hospital 7449 |
|---|
| 11280 | + | for the filing of such assessment. Such submission shall contain the 7450 |
|---|
| 11281 | + | following: 7451 |
|---|
| 11282 | + | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)-7452 |
|---|
| 11283 | + | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the 7453 |
|---|
| 11284 | + | Internal Revenue Service: 7454 |
|---|
| 11285 | + | (A) A definition of the community served by the hospital and a 7455 |
|---|
| 11286 | + | description of how the community was determined; 7456 |
|---|
| 11287 | + | (B) A description of the process and methods used to conduct the 7457 |
|---|
| 11288 | + | Bill No. |
|---|
| 11289 | + | |
|---|
| 11290 | + | |
|---|
| 11291 | + | |
|---|
| 11292 | + | LCO No. 5697 277 of 350 |
|---|
| 11293 | + | |
|---|
| 11294 | + | community health needs assessment; 7458 |
|---|
| 11295 | + | (C) A description of how the hospital solicited and took into account 7459 |
|---|
| 11296 | + | input received from persons who represent the broad interests of the 7460 |
|---|
| 11297 | + | community it serves; 7461 |
|---|
| 11298 | + | (D) A prioritized description of the significant health needs of the 7462 |
|---|
| 11299 | + | community identified through the community health needs assessment, 7463 |
|---|
| 11300 | + | and a description of the process and criteria used in identifying certain 7464 |
|---|
| 11301 | + | health needs as significant and prioritizing those significant health 7465 |
|---|
| 11302 | + | needs; 7466 |
|---|
| 11303 | + | (E) A description of the resources potentially available to address the 7467 |
|---|
| 11304 | + | significant health needs identified through the community health needs 7468 |
|---|
| 11305 | + | assessment; 7469 |
|---|
| 11306 | + | (F) An evaluation of the impact of any actions that were taken, since 7470 |
|---|
| 11307 | + | the hospital finished conducting its immediately preceding community 7471 |
|---|
| 11308 | + | health needs assessment, to address the significant health needs 7472 |
|---|
| 11309 | + | identified in the hospital's prior community health needs assessment; 7473 |
|---|
| 11310 | + | and 7474 |
|---|
| 11311 | + | (2) Additional documentation of the following: 7475 |
|---|
| 11312 | + | (A) The names of the individuals responsible for developing the 7476 |
|---|
| 11313 | + | community health needs assessment; 7477 |
|---|
| 11314 | + | (B) The demographics of the population within the geographic 7478 |
|---|
| 11315 | + | service area of the hospital and, to the extent feasible, a detailed 7479 |
|---|
| 11316 | + | description of the health disparities, health risks, insurance status, 7480 |
|---|
| 11317 | + | service utilization patterns and health care costs within such geographic 7481 |
|---|
| 11318 | + | service area; 7482 |
|---|
| 11319 | + | (C) A description of the health status and health disparities affecting 7483 |
|---|
| 11320 | + | the population within the geographic service area of the hospital, 7484 |
|---|
| 11321 | + | including, but not limited to, the health status and health disparities 7485 |
|---|
| 11322 | + | affecting a representative spectrum of age, racial and ethnic groups, 7486 |
|---|
| 11323 | + | Bill No. |
|---|
| 11324 | + | |
|---|
| 11325 | + | |
|---|
| 11326 | + | |
|---|
| 11327 | + | LCO No. 5697 278 of 350 |
|---|
| 11328 | + | |
|---|
| 11329 | + | incomes and medically underserved populations; 7487 |
|---|
| 11330 | + | (D) A description of the meaningful participation afforded to 7488 |
|---|
| 11331 | + | community benefit partners and diverse community members in 7489 |
|---|
| 11332 | + | assessing community health needs, priorities and target populations; 7490 |
|---|
| 11333 | + | (E) A description of the barriers to achieving or maintaining health 7491 |
|---|
| 11334 | + | and to accessing health care, including, but not limited to, social, 7492 |
|---|
| 11335 | + | economic and environmental barriers, lack of access to or availability of 7493 |
|---|
| 11336 | + | sources of health care coverage and services and a lack of access to and 7494 |
|---|
| 11337 | + | availability of prevention and health promotion services and support; 7495 |
|---|
| 11338 | + | (F) Recommendations regarding the role that the state and other 7496 |
|---|
| 11339 | + | community benefit partners could play in removing the barriers 7497 |
|---|
| 11340 | + | described in subparagraph (E) of this subdivision and enabling effective 7498 |
|---|
| 11341 | + | solutions; and 7499 |
|---|
| 11342 | + | (G) Any additional information, data or disclosures that the hospital 7500 |
|---|
| 11343 | + | voluntarily chooses to include as may be relevant to its community 7501 |
|---|
| 11344 | + | benefit program. 7502 |
|---|
| 11345 | + | (d) Each hospital shall submit its implementation strategy to the 7503 |
|---|
| 11346 | + | Office of Health Strategy not later than thirty days after the date on 7504 |
|---|
| 11347 | + | which such implementation strategy is adopted pursuant to 26 CFR 7505 |
|---|
| 11348 | + | 1.501(r)-(3)(c), provided the [executive director of the Office] 7506 |
|---|
| 11349 | + | Commissioner of Health Strategy, or the [executive director's] 7507 |
|---|
| 11350 | + | commissioner's designee, may grant an extension to a hospital for the 7508 |
|---|
| 11351 | + | filing of such implementation strategy. Such submission shall contain 7509 |
|---|
| 11352 | + | the following: 7510 |
|---|
| 11353 | + | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)-7511 |
|---|
| 11354 | + | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the 7512 |
|---|
| 11355 | + | Internal Revenue Service: 7513 |
|---|
| 11356 | + | (A) With respect to each significant health need identified through 7514 |
|---|
| 11357 | + | the community health needs assessment, either (i) a description of how 7515 |
|---|
| 11358 | + | Bill No. |
|---|
| 11359 | + | |
|---|
| 11360 | + | |
|---|
| 11361 | + | |
|---|
| 11362 | + | LCO No. 5697 279 of 350 |
|---|
| 11363 | + | |
|---|
| 11364 | + | the hospital plans to address the health need, or (ii) identification of the 7516 |
|---|
| 11365 | + | health need as one which the hospital does not intend to address; 7517 |
|---|
| 11366 | + | (B) For significant health needs described in subparagraph (A)(i) of 7518 |
|---|
| 11367 | + | this subdivision, (i) a description of the actions that the hospital intends 7519 |
|---|
| 11368 | + | to take to address the health need and the anticipated impact of such 7520 |
|---|
| 11369 | + | actions, (ii) identification of the resources that the hospital plans to 7521 |
|---|
| 11370 | + | commit to address the health need, and (iii) a description of any planned 7522 |
|---|
| 11371 | + | collaboration between the hospital and other facilities or organizations 7523 |
|---|
| 11372 | + | to address the health need; 7524 |
|---|
| 11373 | + | (C) For significant health needs identified in subparagraph (A)(ii) of 7525 |
|---|
| 11374 | + | this subdivision, an explanation of why the hospital does not intend to 7526 |
|---|
| 11375 | + | address such health need; and 7527 |
|---|
| 11376 | + | (2) Additional documentation of the following: 7528 |
|---|
| 11377 | + | (A) The names of the individuals responsible for developing the 7529 |
|---|
| 11378 | + | implementation strategy; 7530 |
|---|
| 11379 | + | (B) A description of the meaningful participation afforded to 7531 |
|---|
| 11380 | + | community benefit partners and diverse community members; 7532 |
|---|
| 11381 | + | (C) A description of the community health needs and health 7533 |
|---|
| 11382 | + | disparities that were prioritized in developing the implementation 7534 |
|---|
| 11383 | + | strategy with consideration given to the most recent version of the state 7535 |
|---|
| 11384 | + | health plan prepared by the Department of Public Health pursuant to 7536 |
|---|
| 11385 | + | section 19a-7; 7537 |
|---|
| 11386 | + | (D) Reference-citing evidence, if available, that shows how the 7538 |
|---|
| 11387 | + | implementation strategy is intended to address the corresponding 7539 |
|---|
| 11388 | + | health need or reduction in health disparity; 7540 |
|---|
| 11389 | + | (E) A description of the planned methods for the ongoing evaluation 7541 |
|---|
| 11390 | + | of proposed actions and corresponding process or outcome measures 7542 |
|---|
| 11391 | + | intended for use in assessing progress or impact; 7543 |
|---|
| 11392 | + | Bill No. |
|---|
| 11393 | + | |
|---|
| 11394 | + | |
|---|
| 11395 | + | |
|---|
| 11396 | + | LCO No. 5697 280 of 350 |
|---|
| 11397 | + | |
|---|
| 11398 | + | (F) A description of how the hospital solicited commentary on the 7544 |
|---|
| 11399 | + | implementation strategy from the communities within such hospital's 7545 |
|---|
| 11400 | + | geographic service area and revisions to such strategy based on such 7546 |
|---|
| 11401 | + | commentary; and 7547 |
|---|
| 11402 | + | (G) Any other information that the hospital voluntarily chooses to 7548 |
|---|
| 11403 | + | include as may be relevant to its implementation strategy, including, but 7549 |
|---|
| 11404 | + | not limited to, data, disclosures, expected or planned resource outlay, 7550 |
|---|
| 11405 | + | investments or commitments, including, but not limited to, staff, 7551 |
|---|
| 11406 | + | financial or in-kind commitments. 7552 |
|---|
| 11407 | + | (e) On or before October 1, 2023, and annually thereafter, each 7553 |
|---|
| 11408 | + | hospital shall submit to the Office of Health Strategy a status report on 7554 |
|---|
| 11409 | + | such hospital's community benefit program, provided the [executive 7555 |
|---|
| 11410 | + | director of the Office] Commissioner of Health Strategy, or the 7556 |
|---|
| 11411 | + | [executive director's] commissioner's designee, may grant an extension 7557 |
|---|
| 11412 | + | to a hospital for the filing of such report. Such report shall include the 7558 |
|---|
| 11413 | + | following: 7559 |
|---|
| 11414 | + | (1) A description of major updates regarding community health 7560 |
|---|
| 11415 | + | needs, priorities and target populations, if any; 7561 |
|---|
| 11416 | + | (2) A description of progress made regarding the hospital's actions in 7562 |
|---|
| 11417 | + | support of its implementation strategy; 7563 |
|---|
| 11418 | + | (3) A description of any major changes to the proposed 7564 |
|---|
| 11419 | + | implementation strategy and associated hospital actions; and 7565 |
|---|
| 11420 | + | (4) A description of financial resources and other resources allocated 7566 |
|---|
| 11421 | + | or expended that supported the actions taken in support of the hospital's 7567 |
|---|
| 11422 | + | implementation strategy. 7568 |
|---|
| 11423 | + | (f) Notwithstanding the provisions of section 19a-755a, and to the full 7569 |
|---|
| 11424 | + | extent permitted by 45 CFR 164.514(e), the Office of Health Strategy 7570 |
|---|
| 11425 | + | shall make data in the all-payer claims database available to hospitals 7571 |
|---|
| 11426 | + | for use in their community benefit programs and activities solely for the 7572 |
|---|
| 11427 | + | Bill No. |
|---|
| 11428 | + | |
|---|
| 11429 | + | |
|---|
| 11430 | + | |
|---|
| 11431 | + | LCO No. 5697 281 of 350 |
|---|
| 11432 | + | |
|---|
| 11433 | + | purposes of (1) preparing the hospital's community health needs 7573 |
|---|
| 11434 | + | assessment, (2) preparing and executing the hospital's implementation 7574 |
|---|
| 11435 | + | strategy, and (3) fulfilling community benefit program reporting, as 7575 |
|---|
| 11436 | + | described in subsections (c) to (e), inclusive, of this section. Any 7576 |
|---|
| 11437 | + | disclosure made by said office pursuant to this subsection of 7577 |
|---|
| 11438 | + | information other than health information shall be made in a manner to 7578 |
|---|
| 11439 | + | protect the confidentiality of such information as may be required by 7579 |
|---|
| 11440 | + | state or federal law. 7580 |
|---|
| 11441 | + | (g) A hospital shall not be responsible for limitations in its ability to 7581 |
|---|
| 11442 | + | fulfill community benefit program reporting requirements, as described 7582 |
|---|
| 11443 | + | in subsections (c) to (e), inclusive, of this section, if the all-payer claims 7583 |
|---|
| 11444 | + | database data is not provided to such hospital, as required by subsection 7584 |
|---|
| 11445 | + | (f) of this section. 7585 |
|---|
| 11446 | + | (h) On or before April 1, 2024, and annually thereafter, the [executive 7586 |
|---|
| 11447 | + | director of the Office] Commissioner of Health Strategy shall develop a 7587 |
|---|
| 11448 | + | summary and analysis of the community benefit program reporting 7588 |
|---|
| 11449 | + | submitted by hospitals under this section during the previous calendar 7589 |
|---|
| 11450 | + | year and post such summary and analysis on its Internet web site and 7590 |
|---|
| 11451 | + | solicit stakeholder input through a public comment period. The Office 7591 |
|---|
| 11452 | + | of Health Strategy shall use such reporting and stakeholder input to: 7592 |
|---|
| 11453 | + | (1) Identify additional stakeholders that may be engaged to address 7593 |
|---|
| 11454 | + | identified community health needs including, but not limited to, federal, 7594 |
|---|
| 11455 | + | state and municipal entities, nonhospital private sector health care 7595 |
|---|
| 11456 | + | providers and private sector entities that are not health care providers, 7596 |
|---|
| 11457 | + | including community-based organizations, insurers and charitable 7597 |
|---|
| 11458 | + | organizations; 7598 |
|---|
| 11459 | + | (2) Determine how each identified stakeholder could assist in 7599 |
|---|
| 11460 | + | addressing identified community health needs or augmenting solutions 7600 |
|---|
| 11461 | + | or approaches reported in the implementation strategies; 7601 |
|---|
| 11462 | + | (3) Determine whether to make recommendations to the Department 7602 |
|---|
| 11463 | + | of Public Health in the development of its state health plan; and 7603 |
|---|
| 11464 | + | Bill No. |
|---|
| 11465 | + | |
|---|
| 11466 | + | |
|---|
| 11467 | + | |
|---|
| 11468 | + | LCO No. 5697 282 of 350 |
|---|
| 11469 | + | |
|---|
| 11470 | + | (4) Inform the state-wide health care facilities and services plan 7604 |
|---|
| 11471 | + | established pursuant to section 19a-634. 7605 |
|---|
| 11472 | + | Sec. 197. Subdivision (6) of section 19a-486 of the general statutes is 7606 |
|---|
| 11473 | + | repealed and the following is substituted in lieu thereof (Effective from 7607 |
|---|
| 11474 | + | passage): 7608 |
|---|
| 11475 | + | (6) ["Executive director"] "Commissioner" means the [executive 7609 |
|---|
| 11476 | + | director of the Office] Commissioner of Health Strategy, [established 7610 |
|---|
| 11477 | + | under section 19a-754a,] or the [executive director's] commissioner's 7611 |
|---|
| 11478 | + | designee. 7612 |
|---|
| 11479 | + | Sec. 198. Section 19a-486a of the general statutes is repealed and the 7613 |
|---|
| 11480 | + | following is substituted in lieu thereof (Effective from passage): 7614 |
|---|
| 11481 | + | (a) No nonprofit hospital shall enter into an agreement to transfer a 7615 |
|---|
| 11482 | + | material amount of its assets or operations or a change in control of 7616 |
|---|
| 11483 | + | operations to a person that is organized or operated for profit without 7617 |
|---|
| 11484 | + | first having received approval of the agreement by the [executive 7618 |
|---|
| 11485 | + | director] commissioner and the Attorney General pursuant to sections 7619 |
|---|
| 11486 | + | 19a-486 to 19a-486h, inclusive, and pursuant to the Attorney General's 7620 |
|---|
| 11487 | + | authority under section 3-125. Any such agreement without the 7621 |
|---|
| 11488 | + | approval required by sections 19a-486 to 19a-486h, inclusive, shall be 7622 |
|---|
| 11489 | + | void. 7623 |
|---|
| 11490 | + | (b) Prior to any transaction described in subsection (a) of this section, 7624 |
|---|
| 11491 | + | the nonprofit hospital and the purchaser shall concurrently submit a 7625 |
|---|
| 11492 | + | certificate of need determination letter as described in subsection (c) of 7626 |
|---|
| 11493 | + | section 19a-638 to the [executive director] commissioner and the 7627 |
|---|
| 11494 | + | Attorney General by serving it on them by certified mail, return receipt 7628 |
|---|
| 11495 | + | requested, or delivering it by hand to each office. The certificate of need 7629 |
|---|
| 11496 | + | determination letter shall contain: (1) The name and address of the 7630 |
|---|
| 11497 | + | nonprofit hospital; (2) the name and address of the purchaser; (3) a brief 7631 |
|---|
| 11498 | + | description of the terms of the proposed agreement; and (4) the 7632 |
|---|
| 11499 | + | estimated capital expenditure, cost or value associated with the 7633 |
|---|
| 11500 | + | proposed agreement. The certificate of need determination letter shall 7634 |
|---|
| 11501 | + | Bill No. |
|---|
| 11502 | + | |
|---|
| 11503 | + | |
|---|
| 11504 | + | |
|---|
| 11505 | + | LCO No. 5697 283 of 350 |
|---|
| 11506 | + | |
|---|
| 11507 | + | be subject to disclosure pursuant to section 1-210. 7635 |
|---|
| 11508 | + | (c) Not later than thirty days after receipt of the certificate of need 7636 |
|---|
| 11509 | + | determination letter by the [executive director] commissioner and the 7637 |
|---|
| 11510 | + | Attorney General, the purchaser and the nonprofit hospital shall hold a 7638 |
|---|
| 11511 | + | hearing on the contents of the certificate of need determination letter in 7639 |
|---|
| 11512 | + | the municipality in which the new hospital is proposed to be located. 7640 |
|---|
| 11513 | + | The nonprofit hospital shall provide not less than two weeks' advance 7641 |
|---|
| 11514 | + | notice of the hearing to the public by publication in a newspaper having 7642 |
|---|
| 11515 | + | a substantial circulation in the affected community for not less than 7643 |
|---|
| 11516 | + | three consecutive days. Such notice shall contain substantially the same 7644 |
|---|
| 11517 | + | information as in the certificate of need determination letter. The 7645 |
|---|
| 11518 | + | purchaser and the nonprofit hospital shall record and transcribe the 7646 |
|---|
| 11519 | + | hearing and make such recording or transcription available to the 7647 |
|---|
| 11520 | + | [executive director] commissioner, the Attorney General or members of 7648 |
|---|
| 11521 | + | the public upon request. A public hearing held in accordance with the 7649 |
|---|
| 11522 | + | provisions of section 19a-639a shall satisfy the requirements of this 7650 |
|---|
| 11523 | + | subsection. 7651 |
|---|
| 11524 | + | (d) The [executive director] commissioner and the Attorney General 7652 |
|---|
| 11525 | + | shall review the certificate of need determination letter. The Attorney 7653 |
|---|
| 11526 | + | General shall determine whether the agreement requires approval 7654 |
|---|
| 11527 | + | pursuant to this chapter. If such approval is required, the [executive 7655 |
|---|
| 11528 | + | director] commissioner and the Attorney General shall transmit to the 7656 |
|---|
| 11529 | + | purchaser and the nonprofit hospital an application form for approval 7657 |
|---|
| 11530 | + | pursuant to this chapter, unless the [executive director] commissioner 7658 |
|---|
| 11531 | + | refuses to accept a filed or submitted certificate of need determination 7659 |
|---|
| 11532 | + | letter. Such application form shall require the following information: (1) 7660 |
|---|
| 11533 | + | The name and address of the nonprofit hospital; (2) the name and 7661 |
|---|
| 11534 | + | address of the purchaser; (3) a description of the terms of the proposed 7662 |
|---|
| 11535 | + | agreement; (4) copies of all contracts, agreements and memoranda of 7663 |
|---|
| 11536 | + | understanding relating to the proposed agreement; (5) a fairness 7664 |
|---|
| 11537 | + | evaluation by an independent person who is an expert in such 7665 |
|---|
| 11538 | + | agreements, that includes an analysis of each of the criteria set forth in 7666 |
|---|
| 11539 | + | section 19a-486c; (6) documentation that the nonprofit hospital 7667 |
|---|
| 11540 | + | Bill No. |
|---|
| 11541 | + | |
|---|
| 11542 | + | |
|---|
| 11543 | + | |
|---|
| 11544 | + | LCO No. 5697 284 of 350 |
|---|
| 11545 | + | |
|---|
| 11546 | + | exercised the due diligence required by subdivision (2) of subsection (a) 7668 |
|---|
| 11547 | + | of section 19a-486c, including disclosure of the terms of any other offers 7669 |
|---|
| 11548 | + | to transfer assets or operations or change control of operations received 7670 |
|---|
| 11549 | + | by the nonprofit hospital and the reason for rejection of such offers; and 7671 |
|---|
| 11550 | + | (7) such other information as the [executive director] commissioner or 7672 |
|---|
| 11551 | + | the Attorney General deem necessary to their review pursuant to the 7673 |
|---|
| 11552 | + | provisions of sections 19a-486 to 19a-486f, inclusive, and chapter 368z. 7674 |
|---|
| 11553 | + | The application shall be subject to disclosure pursuant to section 1-210. 7675 |
|---|
| 11554 | + | (e) No later than sixty days after the date of mailing of the application 7676 |
|---|
| 11555 | + | form, the nonprofit hospital and the purchaser shall concurrently file an 7677 |
|---|
| 11556 | + | application with the [executive director] commissioner and the Attorney 7678 |
|---|
| 11557 | + | General containing all the required information. The [executive 7679 |
|---|
| 11558 | + | director] commissioner and the Attorney General shall review the 7680 |
|---|
| 11559 | + | application and determine whether the application is complete. The 7681 |
|---|
| 11560 | + | [executive director] commissioner and the Attorney General shall, no 7682 |
|---|
| 11561 | + | later than twenty days after the date of their receipt of the application, 7683 |
|---|
| 11562 | + | provide written notice to the nonprofit hospital and the purchaser of 7684 |
|---|
| 11563 | + | any deficiencies in the application. Such application shall not be deemed 7685 |
|---|
| 11564 | + | complete until such deficiencies are corrected. 7686 |
|---|
| 11565 | + | (f) No later than twenty-five days after the date of their receipt of the 7687 |
|---|
| 11566 | + | completed application under this section, the [executive director] 7688 |
|---|
| 11567 | + | commissioner and the Attorney General shall jointly publish a summary 7689 |
|---|
| 11568 | + | of such agreement in a newspaper of general circulation where the 7690 |
|---|
| 11569 | + | nonprofit hospital is located. 7691 |
|---|
| 11570 | + | (g) Any person may seek to intervene in the proceedings under 7692 |
|---|
| 11571 | + | section 19a-486e, in the same manner as provided in section 4-177a. 7693 |
|---|
| 11572 | + | Sec. 199. Section 19a-486b of the general statutes is repealed and the 7694 |
|---|
| 11573 | + | following is substituted in lieu thereof (Effective from passage): 7695 |
|---|
| 11574 | + | (a) Not later than one hundred twenty days after the date of receipt 7696 |
|---|
| 11575 | + | of the completed application pursuant to subsection (e) of section 19a-7697 |
|---|
| 11576 | + | 486a, the Attorney General and the [executive director] commissioner 7698 |
|---|
| 11577 | + | Bill No. |
|---|
| 11578 | + | |
|---|
| 11579 | + | |
|---|
| 11580 | + | |
|---|
| 11581 | + | LCO No. 5697 285 of 350 |
|---|
| 11582 | + | |
|---|
| 11583 | + | shall approve the application, with or without modification, or deny the 7699 |
|---|
| 11584 | + | application. The [executive director] commissioner shall also determine, 7700 |
|---|
| 11585 | + | in accordance with the provisions of chapter 368z, whether to approve, 7701 |
|---|
| 11586 | + | with or without modification, or deny the application for a certificate of 7702 |
|---|
| 11587 | + | need that is part of the completed application. Notwithstanding the 7703 |
|---|
| 11588 | + | provisions of section 19a-639a, the [executive director] commissioner 7704 |
|---|
| 11589 | + | shall complete the decision on the application for a certificate of need 7705 |
|---|
| 11590 | + | within the same time period as the completed application. Such one-7706 |
|---|
| 11591 | + | hundred-twenty-day period may be extended by (1) agreement of the 7707 |
|---|
| 11592 | + | Attorney General, the [executive director] commissioner, the nonprofit 7708 |
|---|
| 11593 | + | hospital and the purchaser, or (2) the [executive director] commissioner 7709 |
|---|
| 11594 | + | for an additional one hundred twenty days pending completion of a cost 7710 |
|---|
| 11595 | + | and market impact review conducted pursuant to section 19a-639f. If the 7711 |
|---|
| 11596 | + | Attorney General initiates a proceeding to enforce a subpoena pursuant 7712 |
|---|
| 11597 | + | to section 19a-486c or 19a-486d, the one-hundred-twenty-day period 7713 |
|---|
| 11598 | + | shall be tolled until the final court decision on the last pending 7714 |
|---|
| 11599 | + | enforcement proceeding, including any appeal or time for the filing of 7715 |
|---|
| 11600 | + | such appeal. Unless the one-hundred-twenty-day period is extended 7716 |
|---|
| 11601 | + | pursuant to this section, if the [executive director] commissioner and 7717 |
|---|
| 11602 | + | Attorney General fail to take action on an agreement prior to the one 7718 |
|---|
| 11603 | + | hundred twenty-first day after the date of the filing of the completed 7719 |
|---|
| 11604 | + | application, the application shall be deemed approved. 7720 |
|---|
| 11605 | + | (b) The [executive director] commissioner and the Attorney General 7721 |
|---|
| 11606 | + | may place any conditions on the approval of an application that relate 7722 |
|---|
| 11607 | + | to the purposes of sections 19a-486a to 19a-486h, inclusive. In placing 7723 |
|---|
| 11608 | + | any such conditions the [executive director] commissioner shall follow 7724 |
|---|
| 11609 | + | the guidelines and criteria described in subdivision (4) of subsection (d) 7725 |
|---|
| 11610 | + | of section 19a-639. Any such conditions may be in addition to any 7726 |
|---|
| 11611 | + | conditions placed by the [executive director] commissioner pursuant to 7727 |
|---|
| 11612 | + | subdivision (4) of subsection (d) of section 19a-639. 7728 |
|---|
| 11613 | + | Sec. 200. Section 19a-486d of the general statutes is repealed and the 7729 |
|---|
| 11614 | + | following is substituted in lieu thereof (Effective from passage): 7730 |
|---|
| 11615 | + | Bill No. |
|---|
| 11616 | + | |
|---|
| 11617 | + | |
|---|
| 11618 | + | |
|---|
| 11619 | + | LCO No. 5697 286 of 350 |
|---|
| 11620 | + | |
|---|
| 11621 | + | (a) The [executive director] commissioner shall deny an application 7731 |
|---|
| 11622 | + | filed pursuant to subsection (d) of section 19a-486a unless the [executive 7732 |
|---|
| 11623 | + | director] commissioner finds that: (1) In a situation where the asset or 7733 |
|---|
| 11624 | + | operation to be transferred provides or has provided health care services 7734 |
|---|
| 11625 | + | to the uninsured or underinsured, the purchaser has made a 7735 |
|---|
| 11626 | + | commitment to provide health care to the uninsured and the 7736 |
|---|
| 11627 | + | underinsured; (2) in a situation where health care providers or insurers 7737 |
|---|
| 11628 | + | will be offered the opportunity to invest or own an interest in the 7738 |
|---|
| 11629 | + | purchaser or an entity related to the purchaser safeguard procedures are 7739 |
|---|
| 11630 | + | in place to avoid a conflict of interest in patient referral; and (3) 7740 |
|---|
| 11631 | + | certificate of need authorization is justified in accordance with chapter 7741 |
|---|
| 11632 | + | 368z. The [executive director] commissioner may contract with any 7742 |
|---|
| 11633 | + | person, including, but not limited to, financial or actuarial experts or 7743 |
|---|
| 11634 | + | consultants, or legal experts with the approval of the Attorney General, 7744 |
|---|
| 11635 | + | to assist in reviewing the completed application. The [executive 7745 |
|---|
| 11636 | + | director] commissioner shall submit any bills for such contracts to the 7746 |
|---|
| 11637 | + | purchaser. Such bills shall not exceed one hundred fifty thousand 7747 |
|---|
| 11638 | + | dollars. The purchaser shall pay such bills no later than thirty days after 7748 |
|---|
| 11639 | + | the date of receipt of such bills. 7749 |
|---|
| 11640 | + | (b) The [executive director] commissioner may, during the course of 7750 |
|---|
| 11641 | + | a review required by this section: (1) Issue in writing and cause to be 7751 |
|---|
| 11642 | + | served upon any person, by subpoena, a demand that such person 7752 |
|---|
| 11643 | + | appear before the [executive director] commissioner and give testimony 7753 |
|---|
| 11644 | + | or produce documents as to any matters relevant to the scope of the 7754 |
|---|
| 11645 | + | review; and (2) issue written interrogatories, to be answered under oath, 7755 |
|---|
| 11646 | + | as to any matters relevant to the scope of the review and prescribing a 7756 |
|---|
| 11647 | + | return date that would allow a reasonable time to respond. If any person 7757 |
|---|
| 11648 | + | fails to comply with the provisions of this subsection, the [executive 7758 |
|---|
| 11649 | + | director] commissioner, through the Attorney General, may apply to the 7759 |
|---|
| 11650 | + | superior court for the judicial district of Hartford seeking enforcement 7760 |
|---|
| 11651 | + | of such subpoena. The superior court may, upon notice to such person, 7761 |
|---|
| 11652 | + | issue and cause to be served an order requiring compliance. Service of 7762 |
|---|
| 11653 | + | subpoenas ad testificandum, subpoenas duces tecum, notices of 7763 |
|---|
| 11654 | + | Bill No. |
|---|
| 11655 | + | |
|---|
| 11656 | + | |
|---|
| 11657 | + | |
|---|
| 11658 | + | LCO No. 5697 287 of 350 |
|---|
| 11659 | + | |
|---|
| 11660 | + | deposition and written interrogatories as provided in this subsection 7764 |
|---|
| 11661 | + | may be made by personal service at the usual place of abode or by 7765 |
|---|
| 11662 | + | certified mail, return receipt requested, addressed to the person to be 7766 |
|---|
| 11663 | + | served at such person's principal place of business within or without 7767 |
|---|
| 11664 | + | this state or such person's residence. 7768 |
|---|
| 11665 | + | Sec. 201. Section 19a-486e of the general statutes is repealed and the 7769 |
|---|
| 11666 | + | following is substituted in lieu thereof (Effective from passage): 7770 |
|---|
| 11667 | + | Prior to making any decision to approve, with or without 7771 |
|---|
| 11668 | + | modification, or deny any application filed pursuant to subsection (d) 7772 |
|---|
| 11669 | + | of section 19a-486a, the Attorney General and the [executive director] 7773 |
|---|
| 11670 | + | commissioner shall jointly conduct one or more public hearings, one of 7774 |
|---|
| 11671 | + | which shall be in the primary service area of the nonprofit hospital. At 7775 |
|---|
| 11672 | + | least fourteen days before conducting the public hearing, the Attorney 7776 |
|---|
| 11673 | + | General and the [executive director] commissioner shall provide notice 7777 |
|---|
| 11674 | + | of the time and place of the hearing through publication in one or more 7778 |
|---|
| 11675 | + | newspapers of general circulation in the affected community. 7779 |
|---|
| 11676 | + | Sec. 202. Section 19a-486f of the general statutes is repealed and the 7780 |
|---|
| 11677 | + | following is substituted in lieu thereof (Effective from passage): 7781 |
|---|
| 11678 | + | If the [executive director] commissioner or the Attorney General 7782 |
|---|
| 11679 | + | denies an application filed pursuant to subsection (d) of section 19a-7783 |
|---|
| 11680 | + | 486a, or approves it with modification, the nonprofit hospital or the 7784 |
|---|
| 11681 | + | purchaser may appeal such decision in the same manner as provided in 7785 |
|---|
| 11682 | + | section 4-183, provided that nothing in sections 19a-486 to 19a-486f, 7786 |
|---|
| 11683 | + | inclusive, shall be construed to apply the provisions of chapter 54 to the 7787 |
|---|
| 11684 | + | proceedings of the Attorney General. 7788 |
|---|
| 11685 | + | Sec. 203. Section 19a-486g of the general statutes is repealed and the 7789 |
|---|
| 11686 | + | following is substituted in lieu thereof (Effective from passage): 7790 |
|---|
| 11687 | + | The Commissioner of Public Health shall refuse to issue a license to, 7791 |
|---|
| 11688 | + | or if issued shall suspend or revoke the license of, a hospital if the 7792 |
|---|
| 11689 | + | commissioner finds, after a hearing and opportunity to be heard, that: 7793 |
|---|
| 11690 | + | Bill No. |
|---|
| 11691 | + | |
|---|
| 11692 | + | |
|---|
| 11693 | + | |
|---|
| 11694 | + | LCO No. 5697 288 of 350 |
|---|
| 11695 | + | |
|---|
| 11696 | + | (1) There was a transaction described in section 19a-486a that 7794 |
|---|
| 11697 | + | occurred without the approval of the [executive director] Commissioner 7795 |
|---|
| 11698 | + | of Health Strategy, if such approval was required by sections 19a-486 to 7796 |
|---|
| 11699 | + | 19a-486h, inclusive; 7797 |
|---|
| 11700 | + | (2) There was a transaction described in section 19a-486a without the 7798 |
|---|
| 11701 | + | approval of the Attorney General, if such approval was required by 7799 |
|---|
| 11702 | + | sections 19a-486 to 19a-486h, inclusive, and the Attorney General 7800 |
|---|
| 11703 | + | certifies to the [executive director] Commissioner of Health Strategy that 7801 |
|---|
| 11704 | + | such transaction involved a material amount of the nonprofit hospital's 7802 |
|---|
| 11705 | + | assets or operations or a change in control of operations; or 7803 |
|---|
| 11706 | + | (3) The hospital is not complying with the terms of an agreement 7804 |
|---|
| 11707 | + | approved by the Attorney General and [executive director] 7805 |
|---|
| 11708 | + | Commissioner of Health Strategy pursuant to sections 19a-486 to 19a-7806 |
|---|
| 11709 | + | 486h, inclusive. 7807 |
|---|
| 11710 | + | Sec. 204. Section 19a-486h of the general statutes is repealed and the 7808 |
|---|
| 11711 | + | following is substituted in lieu thereof (Effective from passage): 7809 |
|---|
| 11712 | + | Nothing in sections 19a-486 to 19a-486h, inclusive, shall be construed 7810 |
|---|
| 11713 | + | to limit: (1) The common law or statutory authority of the Attorney 7811 |
|---|
| 11714 | + | General; (2) the statutory authority of the Commissioner of Public 7812 |
|---|
| 11715 | + | Health including, but not limited to, licensing; (3) the statutory authority 7813 |
|---|
| 11716 | + | of the [executive director of the Office] Commissioner of Health 7814 |
|---|
| 11717 | + | Strategy, including, but not limited to, certificate of need authority; or 7815 |
|---|
| 11718 | + | (4) the application of the doctrine of cy pres or approximation. 7816 |
|---|
| 11719 | + | Sec. 205. Subsections (d) to (i), inclusive, of section 19a-486i of the 7817 |
|---|
| 11720 | + | general statutes are repealed and the following is substituted in lieu 7818 |
|---|
| 11721 | + | thereof (Effective from passage): 7819 |
|---|
| 11722 | + | (d) (1) The written notice required under subsection (c) of this section 7820 |
|---|
| 11723 | + | shall identify each party to the transaction and describe the material 7821 |
|---|
| 11724 | + | change as of the date of such notice to the business or corporate structure 7822 |
|---|
| 11725 | + | of the group practice, including: (A) A description of the nature of the 7823 |
|---|
| 11726 | + | Bill No. |
|---|
| 11727 | + | |
|---|
| 11728 | + | |
|---|
| 11729 | + | |
|---|
| 11730 | + | LCO No. 5697 289 of 350 |
|---|
| 11731 | + | |
|---|
| 11732 | + | proposed relationship among the parties to the proposed transaction; 7824 |
|---|
| 11733 | + | (B) the names and specialties of each physician that is a member of the 7825 |
|---|
| 11734 | + | group practice that is the subject of the proposed transaction and who 7826 |
|---|
| 11735 | + | will practice medicine with the resulting group practice, hospital, 7827 |
|---|
| 11736 | + | hospital system, captive professional entity, medical foundation or 7828 |
|---|
| 11737 | + | other entity organized by, controlled by, or otherwise affiliated with 7829 |
|---|
| 11738 | + | such hospital or hospital system following the effective date of the 7830 |
|---|
| 11739 | + | transaction; (C) the names of the business entities that are to provide 7831 |
|---|
| 11740 | + | services following the effective date of the transaction; (D) the address 7832 |
|---|
| 11741 | + | for each location where such services are to be provided; (E) a 7833 |
|---|
| 11742 | + | description of the services to be provided at each such location; and (F) 7834 |
|---|
| 11743 | + | the primary service area to be served by each such location. 7835 |
|---|
| 11744 | + | (2) Not later than thirty days after the effective date of any transaction 7836 |
|---|
| 11745 | + | described in subsection (c) of this section, the parties to the transaction 7837 |
|---|
| 11746 | + | shall submit written notice to the [executive director of the Office] 7838 |
|---|
| 11747 | + | Commissioner of Health Strategy. Such written notice shall include, but 7839 |
|---|
| 11748 | + | need not be limited to, the same information described in subdivision 7840 |
|---|
| 11749 | + | (1) of this subsection. The [executive director] commissioner shall post 7841 |
|---|
| 11750 | + | a link to such notice on the Office of Health Strategy's Internet web site. 7842 |
|---|
| 11751 | + | (e) Not less than thirty days prior to the effective date of any 7843 |
|---|
| 11752 | + | transaction that results in an affiliation between one hospital or hospital 7844 |
|---|
| 11753 | + | system and another hospital or hospital system, the parties to the 7845 |
|---|
| 11754 | + | affiliation shall submit written notice to the Attorney General of such 7846 |
|---|
| 11755 | + | affiliation. Such written notice shall identify each party to the affiliation 7847 |
|---|
| 11756 | + | and describe the affiliation as of the date of such notice, including: (1) A 7848 |
|---|
| 11757 | + | description of the nature of the proposed relationship among the parties 7849 |
|---|
| 11758 | + | to the affiliation; (2) the names of the business entities that are to provide 7850 |
|---|
| 11759 | + | services following the effective date of the affiliation; (3) the address for 7851 |
|---|
| 11760 | + | each location where such services are to be provided; (4) a description 7852 |
|---|
| 11761 | + | of the services to be provided at each such location; and (5) the primary 7853 |
|---|
| 11762 | + | service area to be served by each such location. 7854 |
|---|
| 11763 | + | (f) Written information submitted to the Attorney General pursuant 7855 |
|---|
| 11764 | + | Bill No. |
|---|
| 11765 | + | |
|---|
| 11766 | + | |
|---|
| 11767 | + | |
|---|
| 11768 | + | LCO No. 5697 290 of 350 |
|---|
| 11769 | + | |
|---|
| 11770 | + | to subsections (b) to (e), inclusive, of this section shall be maintained and 7856 |
|---|
| 11771 | + | used by the Attorney General in the same manner as provided in section 7857 |
|---|
| 11772 | + | 35-42. 7858 |
|---|
| 11773 | + | (g) Not later than January 15, 2018, and annually thereafter, each 7859 |
|---|
| 11774 | + | hospital and hospital system shall file with the Attorney General and 7860 |
|---|
| 11775 | + | the [executive director of the Office] Commissioner of Health Strategy a 7861 |
|---|
| 11776 | + | written report describing the activities of the group practices owned or 7862 |
|---|
| 11777 | + | affiliated with such hospital or hospital system. Such report shall 7863 |
|---|
| 11778 | + | include, for each such group practice: (1) A description of the nature of 7864 |
|---|
| 11779 | + | the relationship between the hospital or hospital system and the group 7865 |
|---|
| 11780 | + | practice; (2) the names and specialties of each physician practicing 7866 |
|---|
| 11781 | + | medicine with the group practice; (3) the names of the business entities 7867 |
|---|
| 11782 | + | that provide services as part of the group practice and the address for 7868 |
|---|
| 11783 | + | each location where such services are provided; (4) a description of the 7869 |
|---|
| 11784 | + | services provided at each such location; and (5) the primary service area 7870 |
|---|
| 11785 | + | served by each such location. 7871 |
|---|
| 11786 | + | (h) Not later than January 15, 2018, and annually thereafter, each 7872 |
|---|
| 11787 | + | group practice comprised of thirty or more physicians that is not the 7873 |
|---|
| 11788 | + | subject of a report filed under subsection (g) of this section shall file with 7874 |
|---|
| 11789 | + | the Attorney General and the [executive director of the Office] 7875 |
|---|
| 11790 | + | Commissioner of Health Strategy a written report concerning the group 7876 |
|---|
| 11791 | + | practice. Such report shall include, for each such group practice: (1) The 7877 |
|---|
| 11792 | + | names and specialties of each physician practicing medicine with the 7878 |
|---|
| 11793 | + | group practice; (2) the names of the business entities that provide 7879 |
|---|
| 11794 | + | services as part of the group practice and the address for each location 7880 |
|---|
| 11795 | + | where such services are provided; (3) a description of the services 7881 |
|---|
| 11796 | + | provided at each such location; and (4) the primary service area served 7882 |
|---|
| 11797 | + | by each such location. 7883 |
|---|
| 11798 | + | (i) Not later than January 15, 2018, and annually thereafter, each 7884 |
|---|
| 11799 | + | hospital and hospital system shall file with the Attorney General and 7885 |
|---|
| 11800 | + | the [executive director of the Office] Commissioner of Health Strategy a 7886 |
|---|
| 11801 | + | written report describing each affiliation with another hospital or 7887 |
|---|
| 11802 | + | Bill No. |
|---|
| 11803 | + | |
|---|
| 11804 | + | |
|---|
| 11805 | + | |
|---|
| 11806 | + | LCO No. 5697 291 of 350 |
|---|
| 11807 | + | |
|---|
| 11808 | + | hospital system. Such report shall include: (1) The name and address of 7888 |
|---|
| 11809 | + | each party to the affiliation; (2) a description of the nature of the 7889 |
|---|
| 11810 | + | relationship among the parties to the affiliation; (3) the names of the 7890 |
|---|
| 11811 | + | business entities that provide services as part of the affiliation and the 7891 |
|---|
| 11812 | + | address for each location where such services are provided; (4) a 7892 |
|---|
| 11813 | + | description of the services provided at each such location; and (5) the 7893 |
|---|
| 11814 | + | primary service area served by each such location. 7894 |
|---|
| 11815 | + | Sec. 206. Subsections (l) and (m) of section 19a-508c of the 2024 7895 |
|---|
| 11816 | + | supplement to the general statutes are repealed and the following is 7896 |
|---|
| 11817 | + | substituted in lieu thereof (Effective from passage): 7897 |
|---|
| 11818 | + | (l) (1) Notwithstanding the provisions of this section, no hospital, 7898 |
|---|
| 11819 | + | health system or hospital-based facility shall collect a facility fee for (A) 7899 |
|---|
| 11820 | + | outpatient health care services that use a current procedural 7900 |
|---|
| 11821 | + | terminology evaluation and management (CPT E/M) code or 7901 |
|---|
| 11822 | + | assessment and management (CPT A/M) code and are provided at a 7902 |
|---|
| 11823 | + | hospital-based facility located off-site from a hospital campus, or (B) 7903 |
|---|
| 11824 | + | outpatient health care services provided at a hospital-based facility 7904 |
|---|
| 11825 | + | located off-site from a hospital campus received by a patient who is 7905 |
|---|
| 11826 | + | uninsured of more than the Medicare rate. 7906 |
|---|
| 11827 | + | (2) Notwithstanding the provisions of this section, on and after July 7907 |
|---|
| 11828 | + | 1, 2024, no hospital or health system shall collect a facility fee for 7908 |
|---|
| 11829 | + | outpatient health care services that use a current procedural 7909 |
|---|
| 11830 | + | terminology evaluation and management (CPT E/M) cod e or 7910 |
|---|
| 11831 | + | assessment and management (CPT A/M) code and are provided on the 7911 |
|---|
| 11832 | + | hospital campus. The provisions of this subdivision shall not apply to 7912 |
|---|
| 11833 | + | (A) an emergency department located on a hospital campus, or (B) 7913 |
|---|
| 11834 | + | observation stays on a hospital campus and (CPT E/M) and (CPT A/M) 7914 |
|---|
| 11835 | + | codes when billed for the following services: (i) Wound care, (ii) 7915 |
|---|
| 11836 | + | orthopedics, (iii) anticoagulation, (iv) oncology, (v) obstetrics, and (vi) 7916 |
|---|
| 11837 | + | solid organ transplant. 7917 |
|---|
| 11838 | + | (3) Notwithstanding the provisions of subdivisions (1) and (2) of this 7918 |
|---|
| 11839 | + | Bill No. |
|---|
| 11840 | + | |
|---|
| 11841 | + | |
|---|
| 11842 | + | |
|---|
| 11843 | + | LCO No. 5697 292 of 350 |
|---|
| 11844 | + | |
|---|
| 11845 | + | subsection, in circumstances when an insurance contract that is in effect 7919 |
|---|
| 11846 | + | on July 1, 2016, provides reimbursement for facility fees prohibited 7920 |
|---|
| 11847 | + | under the provisions of subdivision (1) of this subsection, and in 7921 |
|---|
| 11848 | + | circumstances when an insurance contract that is in effect on July 1, 7922 |
|---|
| 11849 | + | 2024, provides reimbursement for facility fees prohibited under the 7923 |
|---|
| 11850 | + | provisions of subdivision (2) of this subsection, a hospital or health 7924 |
|---|
| 11851 | + | system may continue to collect reimbursement from the health insurer 7925 |
|---|
| 11852 | + | for such facility fees until the applicable date of expiration, renewal or 7926 |
|---|
| 11853 | + | amendment of such contract, whichever such date is the earliest. 7927 |
|---|
| 11854 | + | (4) The provisions of this subsection shall not apply to a freestanding 7928 |
|---|
| 11855 | + | emergency department. As used in this subdivision, "freestanding 7929 |
|---|
| 11856 | + | emergency department" means a freestanding facility that (A) is 7930 |
|---|
| 11857 | + | structurally separate and distinct from a hospital, (B) provides 7931 |
|---|
| 11858 | + | emergency care, (C) is a department of a hospital licensed under chapter 7932 |
|---|
| 11859 | + | 368v, and (D) has been issued a certificate of need to operate as a 7933 |
|---|
| 11860 | + | freestanding emergency department pursuant to chapter 368z. 7934 |
|---|
| 11861 | + | (5) (A) On and after July 1, 2024, if the [executive director of the 7935 |
|---|
| 11862 | + | Office] Commissioner of Health Strategy receives information and has 7936 |
|---|
| 11863 | + | a reasonable belief, after evaluating such information, that any hospital, 7937 |
|---|
| 11864 | + | health system or hospital-based facility charged facility fees, other than 7938 |
|---|
| 11865 | + | through isolated clerical or electronic billing errors, in violation of any 7939 |
|---|
| 11866 | + | provision of this section, or rule or regulation adopted thereunder, such 7940 |
|---|
| 11867 | + | hospital, health system or hospital-based facility shall be subject to a 7941 |
|---|
| 11868 | + | civil penalty of up to one thousand dollars. The [executive director] 7942 |
|---|
| 11869 | + | commissioner may issue a notice of violation and civil penalty by first 7943 |
|---|
| 11870 | + | class mail or personal service. Such notice shall include: (i) A reference 7944 |
|---|
| 11871 | + | to the section of the general statutes, rule or section of the regulations of 7945 |
|---|
| 11872 | + | Connecticut state agencies believed or alleged to have been violated; (ii) 7946 |
|---|
| 11873 | + | a short and plain language statement of the matters asserted or charged; 7947 |
|---|
| 11874 | + | (iii) a description of the activity to cease; (iv) a statement of the amount 7948 |
|---|
| 11875 | + | of the civil penalty or penalties that may be imposed; (v) a statement 7949 |
|---|
| 11876 | + | concerning the right to a hearing; and (vi) a statement that such hospital, 7950 |
|---|
| 11877 | + | health system or hospital-based facility may, not later than ten business 7951 |
|---|
| 11878 | + | Bill No. |
|---|
| 11879 | + | |
|---|
| 11880 | + | |
|---|
| 11881 | + | |
|---|
| 11882 | + | LCO No. 5697 293 of 350 |
|---|
| 11883 | + | |
|---|
| 11884 | + | days after receipt of such notice, make a request for a hearing on the 7952 |
|---|
| 11885 | + | matters asserted. 7953 |
|---|
| 11886 | + | (B) The hospital, health system or hospital-based facility to whom 7954 |
|---|
| 11887 | + | such notice is provided pursuant to subparagraph (A) of this 7955 |
|---|
| 11888 | + | subdivision may, not later than ten business days after receipt of such 7956 |
|---|
| 11889 | + | notice, make written application to the Office of Health Strategy to 7957 |
|---|
| 11890 | + | request a hearing to demonstrate that such violation did not occur. The 7958 |
|---|
| 11891 | + | failure to make a timely request for a hearing shall result in the issuance 7959 |
|---|
| 11892 | + | of a cease and desist order or civil penalty. All hearings held under this 7960 |
|---|
| 11893 | + | subsection shall be conducted in accordance with the provisions of 7961 |
|---|
| 11894 | + | chapter 54. 7962 |
|---|
| 11895 | + | (C) Following any hearing before the Office of Health Strategy 7963 |
|---|
| 11896 | + | pursuant to this subdivision, if said office finds, by a preponderance of 7964 |
|---|
| 11897 | + | the evidence, that such hospital, health system or hospital-based facility 7965 |
|---|
| 11898 | + | violated or is violating any provision of this subsection, any rule or 7966 |
|---|
| 11899 | + | regulation adopted thereunder or any order issued by said office, said 7967 |
|---|
| 11900 | + | office shall issue a final cease and desist order in addition to any civil 7968 |
|---|
| 11901 | + | penalty said office imposes. 7969 |
|---|
| 11902 | + | (m) (1) Each hospital and health system shall report not later than 7970 |
|---|
| 11903 | + | October 1, 2023, and thereafter not later than July 1, 2024, and annually 7971 |
|---|
| 11904 | + | thereafter, to the [executive director of the Office] Commissioner of 7972 |
|---|
| 11905 | + | Health Strategy, on a form prescribed by the [executive director] 7973 |
|---|
| 11906 | + | commissioner, concerning facility fees charged or billed during the 7974 |
|---|
| 11907 | + | preceding calendar year. Such report shall include, but need not be 7975 |
|---|
| 11908 | + | limited to, (A) the name and address of each facility owned or operated 7976 |
|---|
| 11909 | + | by the hospital or health system that provides services for which a 7977 |
|---|
| 11910 | + | facility fee is charged or billed, and an indication as to whether each 7978 |
|---|
| 11911 | + | facility is located on or outside of the hospital or health system campus, 7979 |
|---|
| 11912 | + | (B) the number of patient visits at each such facility for which a facility 7980 |
|---|
| 11913 | + | fee was charged or billed, (C) the number, total amount and range of 7981 |
|---|
| 11914 | + | allowable facility fees paid at each such facility disaggregated by payer 7982 |
|---|
| 11915 | + | mix, (D) for each facility, the total amount of facility fees charged and 7983 |
|---|
| 11916 | + | Bill No. |
|---|
| 11917 | + | |
|---|
| 11918 | + | |
|---|
| 11919 | + | |
|---|
| 11920 | + | LCO No. 5697 294 of 350 |
|---|
| 11921 | + | |
|---|
| 11922 | + | the total amount of revenue received by the hospital or health system 7984 |
|---|
| 11923 | + | derived from facility fees, (E) the total amount of facility fees charged 7985 |
|---|
| 11924 | + | and the total amount of revenue received by the hospital or health 7986 |
|---|
| 11925 | + | system from all facilities derived from facility fees, (F) a description of 7987 |
|---|
| 11926 | + | the ten procedures or services that generated the greatest amount of 7988 |
|---|
| 11927 | + | facility fee gross revenue, disaggregated by current procedural 7989 |
|---|
| 11928 | + | terminology category (CPT) code for each such procedure or service 7990 |
|---|
| 11929 | + | and, for each such procedure or service, patient volume and the total 7991 |
|---|
| 11930 | + | amount of gross and net revenue received by the hospital or health 7992 |
|---|
| 11931 | + | system derived from facility fees, disaggregated by on-campus and off-7993 |
|---|
| 11932 | + | campus, and (G) the top ten procedures or services for which facility 7994 |
|---|
| 11933 | + | fees are charged based on patient volume and the gross and net revenue 7995 |
|---|
| 11934 | + | received by the hospital or health system for each such procedure or 7996 |
|---|
| 11935 | + | service, disaggregated by on-campus and off-campus. For purposes of 7997 |
|---|
| 11936 | + | this subsection, "facility" means a hospital-based facility that is located 7998 |
|---|
| 11937 | + | on a hospital campus or outside a hospital campus. 7999 |
|---|
| 11938 | + | (2) The [executive director] commissioner shall publish the 8000 |
|---|
| 11939 | + | information reported pursuant to subdivision (1) of this subsection, or 8001 |
|---|
| 11940 | + | post a link to such information, on the Internet web site of the Office of 8002 |
|---|
| 11941 | + | Health Strategy. 8003 |
|---|
| 11942 | + | Sec. 207. Subsection (a) of section 19a-612 of the general statutes is 8004 |
|---|
| 11943 | + | repealed and the following is substituted in lieu thereof (Effective from 8005 |
|---|
| 11944 | + | passage): 8006 |
|---|
| 11945 | + | (a) There is established, within the Office of Health Strategy, 8007 |
|---|
| 11946 | + | established under section 19a-754a, a unit to be known as the Health 8008 |
|---|
| 11947 | + | Systems Planning Unit. The unit, under the direction of the [executive 8009 |
|---|
| 11948 | + | director of the Office] Commissioner of Health Strategy, shall constitute 8010 |
|---|
| 11949 | + | a successor to the former Office of Health Care Access, in accordance 8011 |
|---|
| 11950 | + | with the provisions of sections 4-38d and 4-39. 8012 |
|---|
| 11951 | + | Sec. 208. Section 19a-612d of the general statutes is repealed and the 8013 |
|---|
| 11952 | + | following is substituted in lieu thereof (Effective from passage): 8014 |
|---|
| 11953 | + | Bill No. |
|---|
| 11954 | + | |
|---|
| 11955 | + | |
|---|
| 11956 | + | |
|---|
| 11957 | + | LCO No. 5697 295 of 350 |
|---|
| 11958 | + | |
|---|
| 11959 | + | (a) The [executive director of the Office] Commissioner of Health 8015 |
|---|
| 11960 | + | Strategy shall oversee the Health Systems Planning Unit and shall 8016 |
|---|
| 11961 | + | exercise independent decision-making authority over all certificate of 8017 |
|---|
| 11962 | + | need decisions. 8018 |
|---|
| 11963 | + | (b) Notwithstanding the provisions of subsection (a) of this section, 8019 |
|---|
| 11964 | + | the Deputy Commissioner of Public Health shall retain independent 8020 |
|---|
| 11965 | + | decision-making authority over only the certificate of need applications 8021 |
|---|
| 11966 | + | that are pending before the Office of Health Care Access and have been 8022 |
|---|
| 11967 | + | deemed completed by said office on or before May 14, 2018. Following 8023 |
|---|
| 11968 | + | the issuance by the Deputy Commissioner of Public Health of a final 8024 |
|---|
| 11969 | + | decision on any such certificate of need application, the [executive 8025 |
|---|
| 11970 | + | director of the Office] Commissioner of Health Strategy shall exercise 8026 |
|---|
| 11971 | + | independent authority on any further action required on such certificate 8027 |
|---|
| 11972 | + | of need application or the certificate of need issued pursuant to such 8028 |
|---|
| 11973 | + | application. 8029 |
|---|
| 11974 | + | Sec. 209. Subsection (c) of section 19a-613 of the 2024 supplement to 8030 |
|---|
| 11975 | + | the general statutes is repealed and the following is substituted in lieu 8031 |
|---|
| 11976 | + | thereof (Effective from passage): 8032 |
|---|
| 11977 | + | (c) The [executive director of the Office] Commissioner of Health 8033 |
|---|
| 11978 | + | Strategy, or any person the [executive director] commissioner 8034 |
|---|
| 11979 | + | designates, may conduct a hearing and render a final decision in any 8035 |
|---|
| 11980 | + | case when a hearing is required or authorized under the provisions of 8036 |
|---|
| 11981 | + | any statute dealing with the Health Systems Planning Unit. 8037 |
|---|
| 11982 | + | Sec. 210. Section 19a-614 of the general statutes is repealed and the 8038 |
|---|
| 11983 | + | following is substituted in lieu thereof (Effective from passage): 8039 |
|---|
| 11984 | + | The [executive director of the Office] Commissioner of Health 8040 |
|---|
| 11985 | + | Strategy may employ and pay professional and support staff subject to 8041 |
|---|
| 11986 | + | the provisions of chapter 67 and contract with and engage consultants 8042 |
|---|
| 11987 | + | and other independent professionals as may be necessary or desirable 8043 |
|---|
| 11988 | + | to carry out the functions of the Health Systems Planning Unit. 8044 |
|---|
| 11989 | + | Bill No. |
|---|
| 11990 | + | |
|---|
| 11991 | + | |
|---|
| 11992 | + | |
|---|
| 11993 | + | LCO No. 5697 296 of 350 |
|---|
| 11994 | + | |
|---|
| 11995 | + | Sec. 211. Subdivision (7) of section 19a-630 of the general statutes is 8045 |
|---|
| 11996 | + | repealed and the following is substituted in lieu thereof (Effective from 8046 |
|---|
| 11997 | + | passage): 8047 |
|---|
| 11998 | + | (7) ["Executive director"] "Commissioner" means the [executive 8048 |
|---|
| 11999 | + | director of the Office] Commissioner of Health Strategy. 8049 |
|---|
| 12000 | + | Sec. 212. Subsection (b) of section 19a-631 of the general statutes is 8050 |
|---|
| 12001 | + | repealed and the following is substituted in lieu thereof (Effective from 8051 |
|---|
| 12002 | + | passage): 8052 |
|---|
| 12003 | + | (b) Each hospital shall annually pay to the [executive director of the 8053 |
|---|
| 12004 | + | Office] Commissioner of Health Strategy, for deposit in the General 8054 |
|---|
| 12005 | + | Fund, an amount equal to its share of the actual expenditures made by 8055 |
|---|
| 12006 | + | the unit during each fiscal year including the cost of fringe benefits for 8056 |
|---|
| 12007 | + | unit personnel as estimated by the Comptroller, the amount of expenses 8057 |
|---|
| 12008 | + | for central state services attributable to the unit for the fiscal year as 8058 |
|---|
| 12009 | + | estimated by the Comptroller, plus the expenditures made on behalf of 8059 |
|---|
| 12010 | + | the unit from the Capital Equipment Purchase Fund pursuant to section 8060 |
|---|
| 12011 | + | 4a-9 for such year. Payments shall be made by assessment of all 8061 |
|---|
| 12012 | + | hospitals of the costs calculated and collected in accordance with the 8062 |
|---|
| 12013 | + | provisions of this section and section 19a-632. If for any reason a hospital 8063 |
|---|
| 12014 | + | ceases operation, any unpaid assessment for the operations of the unit 8064 |
|---|
| 12015 | + | shall be reapportioned among the remaining hospitals to be paid in 8065 |
|---|
| 12016 | + | addition to any other assessment. 8066 |
|---|
| 12017 | + | Sec. 213. Subsections (d) and (e) of section 19a-632 of the general 8067 |
|---|
| 12018 | + | statutes are repealed and the following is substituted in lieu thereof 8068 |
|---|
| 12019 | + | (Effective from passage): 8069 |
|---|
| 12020 | + | (d) Immediately following the close of each state fiscal year the 8070 |
|---|
| 12021 | + | [executive director] commissioner shall recalculate the proposed 8071 |
|---|
| 12022 | + | assessment for each hospital based on the costs of the unit in accordance 8072 |
|---|
| 12023 | + | with subsection (b) of this section using the actual expenditures made 8073 |
|---|
| 12024 | + | by the unit during that fiscal year and the actual expenditures made on 8074 |
|---|
| 12025 | + | behalf of the unit from the Capital Equipment Purchase Fund pursuant 8075 |
|---|
| 12026 | + | Bill No. |
|---|
| 12027 | + | |
|---|
| 12028 | + | |
|---|
| 12029 | + | |
|---|
| 12030 | + | LCO No. 5697 297 of 350 |
|---|
| 12031 | + | |
|---|
| 12032 | + | to section 4a-9. On or before August thirty-first, annually, the unit shall 8076 |
|---|
| 12033 | + | render to each hospital a statement showing the difference between the 8077 |
|---|
| 12034 | + | respective recalculated assessment and the amount previously paid. On 8078 |
|---|
| 12035 | + | or before September thirtieth, the [executive director] commissioner, 8079 |
|---|
| 12036 | + | after receiving any objections to such statements, shall make such 8080 |
|---|
| 12037 | + | adjustments which in said [executive director's] commissioner's opinion 8081 |
|---|
| 12038 | + | may be indicated and shall render an adjusted assessment, if any, to the 8082 |
|---|
| 12039 | + | affected hospitals. Adjustments to reflect any credit or amount due 8083 |
|---|
| 12040 | + | under the recalculated assessment for the previous state fiscal year shall 8084 |
|---|
| 12041 | + | be made to the proposed assessment due on or before December thirty-8085 |
|---|
| 12042 | + | first of the following state fiscal year. 8086 |
|---|
| 12043 | + | (e) If any assessment is not paid when due, the [executive director] 8087 |
|---|
| 12044 | + | commissioner shall impose a fee equal to (1) two per cent of the 8088 |
|---|
| 12045 | + | assessment if such failure to pay is for not more than five days, (2) five 8089 |
|---|
| 12046 | + | per cent of the assessment if such failure to pay is for more than five 8090 |
|---|
| 12047 | + | days but not more than fifteen days, or (3) ten per cent of the assessment 8091 |
|---|
| 12048 | + | if such failure to pay is for more than fifteen days. If a hospital fails to 8092 |
|---|
| 12049 | + | pay any assessment for more than thirty days after the date when due, 8093 |
|---|
| 12050 | + | the [executive director] commissioner may, in addition to the fees 8094 |
|---|
| 12051 | + | imposed pursuant to this subsection, impose a civil penalty of up to one 8095 |
|---|
| 12052 | + | thousand dollars per day for each day past the initial thirty days that the 8096 |
|---|
| 12053 | + | assessment is not paid. Any civil penalty authorized by this subsection 8097 |
|---|
| 12054 | + | shall be imposed by the [executive director] commissioner in accordance 8098 |
|---|
| 12055 | + | with subsections (b) to (e), inclusive, of section 19a-653. 8099 |
|---|
| 12056 | + | Sec. 214. Subsections (a) and (b) of section 19a-633 of the 2024 8100 |
|---|
| 12057 | + | supplement to the general statutes are repealed and the following is 8101 |
|---|
| 12058 | + | substituted in lieu thereof (Effective from passage): 8102 |
|---|
| 12059 | + | (a) The [executive director] commissioner, or any agent authorized 8103 |
|---|
| 12060 | + | by [such executive director] the commissioner to conduct any inquiry, 8104 |
|---|
| 12061 | + | investigation or hearing under the provisions of this chapter, shall have 8105 |
|---|
| 12062 | + | power to administer oaths and take testimony under oath relative to the 8106 |
|---|
| 12063 | + | matter of inquiry or investigation. At any hearing ordered by the unit, 8107 |
|---|
| 12064 | + | Bill No. |
|---|
| 12065 | + | |
|---|
| 12066 | + | |
|---|
| 12067 | + | |
|---|
| 12068 | + | LCO No. 5697 298 of 350 |
|---|
| 12069 | + | |
|---|
| 12070 | + | the [executive director] commissioner or such agent having authority by 8108 |
|---|
| 12071 | + | law to issue such process may subpoena witnesses and require the 8109 |
|---|
| 12072 | + | production of records, papers and documents pertinent to such inquiry. 8110 |
|---|
| 12073 | + | If any person disobeys such process or, having appeared in obedience 8111 |
|---|
| 12074 | + | thereto, refuses to answer any pertinent question put to such person by 8112 |
|---|
| 12075 | + | the [executive director] commissioner or such [executive director's] 8113 |
|---|
| 12076 | + | commissioner's authorized agent or to produce any records and papers 8114 |
|---|
| 12077 | + | pursuant thereto, the [executive director] commissioner or such 8115 |
|---|
| 12078 | + | [executive director's] commissioner's agent may apply to the superior 8116 |
|---|
| 12079 | + | court for the judicial district of Hartford or for the judicial district 8117 |
|---|
| 12080 | + | wherein the person resides or wherein the business has been conducted, 8118 |
|---|
| 12081 | + | or to any judge of said court if the same is not in session, setting forth 8119 |
|---|
| 12082 | + | such disobedience to process or refusal to answer, and said court or such 8120 |
|---|
| 12083 | + | judge shall cite such person to appear before said court or such judge to 8121 |
|---|
| 12084 | + | answer such question or to produce such records and papers. 8122 |
|---|
| 12085 | + | (b) If the [executive director] commissioner or such agent has 8123 |
|---|
| 12086 | + | received information and has a reasonable belief that any person, health 8124 |
|---|
| 12087 | + | care facility or institution has violated or is violating any provision of 8125 |
|---|
| 12088 | + | this chapter, or any regulation or order of the unit, the [executive 8126 |
|---|
| 12089 | + | director] commissioner or such agent may issue a notice pursuant to this 8127 |
|---|
| 12090 | + | section. The unit shall notify the person, health care facility or institution 8128 |
|---|
| 12091 | + | against whom such order is issued by first class mail or personal service. 8129 |
|---|
| 12092 | + | The notice shall include: (1) A reference to the sections of the general 8130 |
|---|
| 12093 | + | statutes, regulations of Connecticut state agencies or orders alleged or 8131 |
|---|
| 12094 | + | believed to have been violated; (2) a short and plain language statement 8132 |
|---|
| 12095 | + | of the matters asserted or charged; (3) a description of the activity 8133 |
|---|
| 12096 | + | alleged to have violated a statute or regulation identified pursuant to 8134 |
|---|
| 12097 | + | subdivision (1) of this subsection; (4) a statement concerning the right to 8135 |
|---|
| 12098 | + | a hearing of such person, health care facility or institution; and (5) a 8136 |
|---|
| 12099 | + | statement that such person, health care facility or institution may, not 8137 |
|---|
| 12100 | + | later than ten business days after receipt of such notice, make a written 8138 |
|---|
| 12101 | + | request for a hearing on the matters asserted, to be sent to the [executive 8139 |
|---|
| 12102 | + | director] commissioner or such agent. 8140 |
|---|
| 12103 | + | Bill No. |
|---|
| 12104 | + | |
|---|
| 12105 | + | |
|---|
| 12106 | + | |
|---|
| 12107 | + | LCO No. 5697 299 of 350 |
|---|
| 12108 | + | |
|---|
| 12109 | + | Sec. 215. Subsections (a) and (b) of section 19a-634 of the general 8141 |
|---|
| 12110 | + | statutes are repealed and the following is substituted in lieu thereof 8142 |
|---|
| 12111 | + | (Effective from passage): 8143 |
|---|
| 12112 | + | (a) The Health Systems Planning Unit shall conduct, on a biennial 8144 |
|---|
| 12113 | + | basis, a state-wide health care facility utilization study. Such study may 8145 |
|---|
| 12114 | + | include an assessment of: (1) Current availability and utilization of acute 8146 |
|---|
| 12115 | + | hospital care, hospital emergency care, specialty hospital care, 8147 |
|---|
| 12116 | + | outpatient surgical care, primary care and clinic care; (2) geographic 8148 |
|---|
| 12117 | + | areas and subpopulations that may be underserved or have reduced 8149 |
|---|
| 12118 | + | access to specific types of health care services; and (3) other factors that 8150 |
|---|
| 12119 | + | the unit deems pertinent to health care facility utilization. Not later than 8151 |
|---|
| 12120 | + | June thirtieth of the year in which the biennial study is conducted, the 8152 |
|---|
| 12121 | + | [executive director of the Office] Commissioner of Health Strategy shall 8153 |
|---|
| 12122 | + | report, in accordance with section 11-4a, to the Governor and the joint 8154 |
|---|
| 12123 | + | standing committees of the General Assembly having cognizance of 8155 |
|---|
| 12124 | + | matters relating to public health and human services on the findings of 8156 |
|---|
| 12125 | + | the study. Such report may also include the unit's recommendations for 8157 |
|---|
| 12126 | + | addressing identified gaps in the provision of health care services and 8158 |
|---|
| 12127 | + | recommendations concerning a lack of access to health care services. 8159 |
|---|
| 12128 | + | (b) The unit, in consultation with such other state agencies as the 8160 |
|---|
| 12129 | + | [executive director] commissioner deems appropriate, shall establish 8161 |
|---|
| 12130 | + | and maintain a state-wide health care facilities and services plan. Such 8162 |
|---|
| 12131 | + | plan may include, but not be limited to: (1) An assessment of the 8163 |
|---|
| 12132 | + | availability of acute hospital care, hospital emergency care, specialty 8164 |
|---|
| 12133 | + | hospital care, outpatient surgical care, primary care and clinic care; (2) 8165 |
|---|
| 12134 | + | an evaluation of the unmet needs of persons at risk and vulnerable 8166 |
|---|
| 12135 | + | populations as determined by the [executive director] commissioner; (3) 8167 |
|---|
| 12136 | + | a projection of future demand for health care services and the impact 8168 |
|---|
| 12137 | + | that technology may have on the demand, capacity or need for such 8169 |
|---|
| 12138 | + | services; and (4) recommendations for the expansion, reduction or 8170 |
|---|
| 12139 | + | modification of health care facilities or services. In the development of 8171 |
|---|
| 12140 | + | the plan, the unit shall consider the recommendations of any advisory 8172 |
|---|
| 12141 | + | bodies which may be established by the [executive director] 8173 |
|---|
| 12142 | + | Bill No. |
|---|
| 12143 | + | |
|---|
| 12144 | + | |
|---|
| 12145 | + | |
|---|
| 12146 | + | LCO No. 5697 300 of 350 |
|---|
| 12147 | + | |
|---|
| 12148 | + | commissioner. The [executive director] commissioner may also 8174 |
|---|
| 12149 | + | incorporate the recommendations of authoritative organizations whose 8175 |
|---|
| 12150 | + | mission is to promote policies based on best practices or evidence-based 8176 |
|---|
| 12151 | + | research. The [executive director] commissioner, in consultation with 8177 |
|---|
| 12152 | + | hospital representatives, shall develop a process that encourages 8178 |
|---|
| 12153 | + | hospitals to incorporate the state-wide health care facilities and services 8179 |
|---|
| 12154 | + | plan into hospital long-range planning and shall facilitate 8180 |
|---|
| 12155 | + | communication between appropriate state agencies concerning 8181 |
|---|
| 12156 | + | innovations or changes that may affect future health planning. The unit 8182 |
|---|
| 12157 | + | shall update the state-wide health care facilities and services plan not 8183 |
|---|
| 12158 | + | less than once every two years. 8184 |
|---|
| 12159 | + | Sec. 216. Subsections (d) to (f), inclusive, of section 19a-638 of the 2024 8185 |
|---|
| 12160 | + | supplement to the general statutes are repealed and the following is 8186 |
|---|
| 12161 | + | substituted in lieu thereof (Effective from passage): 8187 |
|---|
| 12162 | + | (d) The [executive director of the Office] Commissioner of Health 8188 |
|---|
| 12163 | + | Strategy may implement policies and procedures necessary to 8189 |
|---|
| 12164 | + | administer the provisions of this section while in the process of adopting 8190 |
|---|
| 12165 | + | such policies and procedures as regulation, provided the [executive 8191 |
|---|
| 12166 | + | director] commissioner holds a public hearing prior to implementing 8192 |
|---|
| 12167 | + | the policies and procedures and posts notice of intent to adopt 8193 |
|---|
| 12168 | + | regulations on the office's Internet web site and the eRegulations System 8194 |
|---|
| 12169 | + | not later than twenty days after the date of implementation. Policies and 8195 |
|---|
| 12170 | + | procedures implemented pursuant to this section shall be valid until the 8196 |
|---|
| 12171 | + | time final regulations are adopted. 8197 |
|---|
| 12172 | + | (e) On or before June 30, 2026, a mental health facility seeking to 8198 |
|---|
| 12173 | + | increase licensed bed capacity without applying for a certificate of need, 8199 |
|---|
| 12174 | + | as permitted pursuant to subdivision (23) of subsection (b) of this 8200 |
|---|
| 12175 | + | section, shall notify the Office of Health Strategy, in a form and manner 8201 |
|---|
| 12176 | + | prescribed by the [executive director of said office] commissioner, 8202 |
|---|
| 12177 | + | regarding (1) such facility's intent to increase licensed bed capacity, (2) 8203 |
|---|
| 12178 | + | the address of such facility, and (3) a description of all services that are 8204 |
|---|
| 12179 | + | being or will be provided at such facility. 8205 |
|---|
| 12180 | + | Bill No. |
|---|
| 12181 | + | |
|---|
| 12182 | + | |
|---|
| 12183 | + | |
|---|
| 12184 | + | LCO No. 5697 301 of 350 |
|---|
| 12185 | + | |
|---|
| 12186 | + | (f) Not later than January 1, 2025, the [executive director of the Office 8206 |
|---|
| 12187 | + | of Health Strategy] commissioner shall report to the Governor and, in 8207 |
|---|
| 12188 | + | accordance with the provisions of section 11-4a, to the joint standing 8208 |
|---|
| 12189 | + | committee of the General Assembly having cognizance of matters 8209 |
|---|
| 12190 | + | relating to public health concerning the [executive director's] 8210 |
|---|
| 12191 | + | commissioner's recommendations, if any, regarding the establishment 8211 |
|---|
| 12192 | + | of an expedited certificate of need process for mental health facilities. 8212 |
|---|
| 12193 | + | Sec. 217. Subdivisions (3) and (4) of subsection (d) of section 19a-639 8213 |
|---|
| 12194 | + | of the general statutes are repealed and the following is substituted in 8214 |
|---|
| 12195 | + | lieu thereof (Effective from passage): 8215 |
|---|
| 12196 | + | (3) The unit shall deny any certificate of need application involving a 8216 |
|---|
| 12197 | + | transfer of ownership of a hospital unless the [executive director] 8217 |
|---|
| 12198 | + | commissioner finds that the affected community will be assured of 8218 |
|---|
| 12199 | + | continued access to high quality and affordable health care after 8219 |
|---|
| 12200 | + | accounting for any proposed change impacting hospital staffing. 8220 |
|---|
| 12201 | + | (4) The unit may deny any certificate of need application involving a 8221 |
|---|
| 12202 | + | transfer of ownership of a hospital subject to a cost and market impact 8222 |
|---|
| 12203 | + | review pursuant to section 19a-639f if the [executive director] 8223 |
|---|
| 12204 | + | commissioner finds that (A) the affected community will not be assured 8224 |
|---|
| 12205 | + | of continued access to high quality and affordable health care after 8225 |
|---|
| 12206 | + | accounting for any consolidation in the hospital and health care market 8226 |
|---|
| 12207 | + | that may lessen health care provider diversity, consumer choice and 8227 |
|---|
| 12208 | + | access to care, and (B) any likely increases in the prices for health care 8228 |
|---|
| 12209 | + | services or total health care spending in the state may negatively impact 8229 |
|---|
| 12210 | + | the affordability of care. 8230 |
|---|
| 12211 | + | Sec. 218. Subsection (h) of section 19a-639a of the 2024 supplement to 8231 |
|---|
| 12212 | + | the general statutes is repealed and the following is substituted in lieu 8232 |
|---|
| 12213 | + | thereof (Effective from passage): 8233 |
|---|
| 12214 | + | (h) The [executive director of the Office] Commissioner of Health 8234 |
|---|
| 12215 | + | Strategy may implement policies and procedures necessary to 8235 |
|---|
| 12216 | + | administer the provisions of this section while in the process of adopting 8236 |
|---|
| 12217 | + | Bill No. |
|---|
| 12218 | + | |
|---|
| 12219 | + | |
|---|
| 12220 | + | |
|---|
| 12221 | + | LCO No. 5697 302 of 350 |
|---|
| 12222 | + | |
|---|
| 12223 | + | such policies and procedures as regulation, provided the [executive 8237 |
|---|
| 12224 | + | director] commissioner holds a public hearing prior to implementing 8238 |
|---|
| 12225 | + | the policies and procedures and posts notice of intent to adopt 8239 |
|---|
| 12226 | + | regulations on the office's Internet web site and the eRegulations System 8240 |
|---|
| 12227 | + | not later than twenty days after the date of implementation. Policies and 8241 |
|---|
| 12228 | + | procedures implemented pursuant to this section shall be valid until the 8242 |
|---|
| 12229 | + | time final regulations are adopted. 8243 |
|---|
| 12230 | + | Sec. 219. Subsection (e) of section 19a-639b of the general statutes is 8244 |
|---|
| 12231 | + | repealed and the following is substituted in lieu thereof (Effective from 8245 |
|---|
| 12232 | + | passage): 8246 |
|---|
| 12233 | + | (e) The [executive director of the Office] Commissioner of Health 8247 |
|---|
| 12234 | + | Strategy may implement policies and procedures necessary to 8248 |
|---|
| 12235 | + | administer the provisions of this section while in the process of adopting 8249 |
|---|
| 12236 | + | such policies and procedures as regulation, provided the [executive 8250 |
|---|
| 12237 | + | director] commissioner holds a public hearing prior to implementing 8251 |
|---|
| 12238 | + | the policies and procedures and posts notice of intent to adopt 8252 |
|---|
| 12239 | + | regulations on the office's Internet web site and the eRegulations System 8253 |
|---|
| 12240 | + | not later than twenty days after the date of implementation. Policies and 8254 |
|---|
| 12241 | + | procedures implemented pursuant to this section shall be valid until the 8255 |
|---|
| 12242 | + | time final regulations are adopted. 8256 |
|---|
| 12243 | + | Sec. 220. Subsection (b) of section 19a-639c of the 2024 supplement to 8257 |
|---|
| 12244 | + | the general statutes is repealed and the following is substituted in lieu 8258 |
|---|
| 12245 | + | thereof (Effective from passage): 8259 |
|---|
| 12246 | + | (b) The [executive director of the Office] Commissioner of Health 8260 |
|---|
| 12247 | + | Strategy may implement policies and procedures necessary to 8261 |
|---|
| 12248 | + | administer the provisions of this section while in the process of adopting 8262 |
|---|
| 12249 | + | such policies and procedures as regulation, provided the [executive 8263 |
|---|
| 12250 | + | director] commissioner holds a public hearing prior to implementing 8264 |
|---|
| 12251 | + | the policies and procedures and posts notice of intent to adopt 8265 |
|---|
| 12252 | + | regulations on the office's Internet web site and the eRegulations System 8266 |
|---|
| 12253 | + | not later than twenty days after the date of implementation. Policies and 8267 |
|---|
| 12254 | + | Bill No. |
|---|
| 12255 | + | |
|---|
| 12256 | + | |
|---|
| 12257 | + | |
|---|
| 12258 | + | LCO No. 5697 303 of 350 |
|---|
| 12259 | + | |
|---|
| 12260 | + | procedures implemented pursuant to this section shall be valid until the 8268 |
|---|
| 12261 | + | time final regulations are adopted. 8269 |
|---|
| 12262 | + | Sec. 221. Subsection (d) of section 19a-639e of the general statutes is 8270 |
|---|
| 12263 | + | repealed and the following is substituted in lieu thereof (Effective from 8271 |
|---|
| 12264 | + | passage): 8272 |
|---|
| 12265 | + | (d) The [executive director of the Office] Commissioner of Health 8273 |
|---|
| 12266 | + | Strategy may implement policies and procedures necessary to 8274 |
|---|
| 12267 | + | administer the provisions of this section while in the process of adopting 8275 |
|---|
| 12268 | + | such policies and procedures as regulation, provided the [executive 8276 |
|---|
| 12269 | + | director] commissioner holds a public hearing prior to implementing 8277 |
|---|
| 12270 | + | the policies and procedures and posts notice of intent to adopt 8278 |
|---|
| 12271 | + | regulations on the office's Internet web site and the eRegulations System 8279 |
|---|
| 12272 | + | not later than twenty days after the date of implementation. Policies and 8280 |
|---|
| 12273 | + | procedures implemented pursuant to this section shall be valid until the 8281 |
|---|
| 12274 | + | time final regulations are adopted. 8282 |
|---|
| 12275 | + | Sec. 222. Subsection (l) of section 19a-639f of the general statutes is 8283 |
|---|
| 12276 | + | repealed and the following is substituted in lieu thereof (Effective from 8284 |
|---|
| 12277 | + | passage): 8285 |
|---|
| 12278 | + | (l) The [executive director of the Office] Commissioner of Health 8286 |
|---|
| 12279 | + | Strategy shall adopt regulations, in accordance with the provisions of 8287 |
|---|
| 12280 | + | chapter 54, concerning cost and market impact reviews and to 8288 |
|---|
| 12281 | + | administer the provisions of this section. Such regulations shall include 8289 |
|---|
| 12282 | + | definitions of the following terms: "Dispersed service area", "health 8290 |
|---|
| 12283 | + | status adjusted total medical expense", "major service category", 8291 |
|---|
| 12284 | + | "relative prices", "total health care spending" and "health care services". 8292 |
|---|
| 12285 | + | The [executive director] commissioner may implement policies and 8293 |
|---|
| 12286 | + | procedures necessary to administer the provisions of this section while 8294 |
|---|
| 12287 | + | in the process of adopting such policies and procedures in regulation 8295 |
|---|
| 12288 | + | form, provided the [executive director] commissioner publishes notice 8296 |
|---|
| 12289 | + | of intention to adopt the regulations on the office's Internet web site and 8297 |
|---|
| 12290 | + | the eRegulations System not later than twenty days after implementing 8298 |
|---|
| 12291 | + | Bill No. |
|---|
| 12292 | + | |
|---|
| 12293 | + | |
|---|
| 12294 | + | |
|---|
| 12295 | + | LCO No. 5697 304 of 350 |
|---|
| 12296 | + | |
|---|
| 12297 | + | such policies and procedures. Policies and procedures implemented 8299 |
|---|
| 12298 | + | pursuant to this subsection shall be valid until the time such regulations 8300 |
|---|
| 12299 | + | are effective. 8301 |
|---|
| 12300 | + | Sec. 223. Subsections (c) to (f), inclusive, of section 19a-654 of the 8302 |
|---|
| 12301 | + | general statutes are repealed and the following is substituted in lieu 8303 |
|---|
| 12302 | + | thereof (Effective from passage): 8304 |
|---|
| 12303 | + | (c) An outpatient surgical facility, as defined in section 19a-493b, a 8305 |
|---|
| 12304 | + | short-term acute care general or children's hospital, or a facility that 8306 |
|---|
| 12305 | + | provides outpatient surgical services as part of the outpatient surgery 8307 |
|---|
| 12306 | + | department of a short-term acute care hospital shall submit to the unit 8308 |
|---|
| 12307 | + | the data identified in subsection (c) of section 19a-634. The unit shall 8309 |
|---|
| 12308 | + | convene a working group consisting of representatives of outpatient 8310 |
|---|
| 12309 | + | surgical facilities, hospitals and other individuals necessary to develop 8311 |
|---|
| 12310 | + | recommendations that address current obstacles to, and proposed 8312 |
|---|
| 12311 | + | requirements for, patient-identifiable data reporting in the outpatient 8313 |
|---|
| 12312 | + | setting. On or before February 1, 2012, the working group shall report, 8314 |
|---|
| 12313 | + | in accordance with the provisions of section 11-4a, on its findings and 8315 |
|---|
| 12314 | + | recommendations to the joint standing committees of the General 8316 |
|---|
| 12315 | + | Assembly having cognizance of matters relating to public health and 8317 |
|---|
| 12316 | + | insurance and real estate. Additional reporting of outpatient data as the 8318 |
|---|
| 12317 | + | unit deems necessary shall begin not later than July 1, 2015. On or before 8319 |
|---|
| 12318 | + | July 1, 2018, and annually thereafter, the Connecticut Association of 8320 |
|---|
| 12319 | + | Ambulatory Surgery Centers shall provide a progress report to the 8321 |
|---|
| 12320 | + | Office of Health Strategy, until such time as all ambulatory surgery 8322 |
|---|
| 12321 | + | centers are in full compliance with the implementation of systems that 8323 |
|---|
| 12322 | + | allow for the reporting of outpatient data as required by the [executive 8324 |
|---|
| 12323 | + | director] commissioner. Until such additional reporting requirements 8325 |
|---|
| 12324 | + | take effect on July 1, 2015, the department may work with the 8326 |
|---|
| 12325 | + | Connecticut Association of Ambulatory Surgery Centers and the 8327 |
|---|
| 12326 | + | Connecticut Hospital Association on specific data reporting initiatives 8328 |
|---|
| 12327 | + | provided that no penalties shall be assessed under this chapter or any 8329 |
|---|
| 12328 | + | other provision of law with respect to the failure to submit such data. 8330 |
|---|
| 12329 | + | Bill No. |
|---|
| 12330 | + | |
|---|
| 12331 | + | |
|---|
| 12332 | + | |
|---|
| 12333 | + | LCO No. 5697 305 of 350 |
|---|
| 12334 | + | |
|---|
| 12335 | + | (d) Except as provided in this subsection, patient-identifiable data 8331 |
|---|
| 12336 | + | received by the unit shall be kept confidential and shall not be 8332 |
|---|
| 12337 | + | considered public records or files subject to disclosure under the 8333 |
|---|
| 12338 | + | Freedom of Information Act, as defined in section 1-200. The unit may 8334 |
|---|
| 12339 | + | release de-identified patient data or aggregate patient data to the public 8335 |
|---|
| 12340 | + | in a manner consistent with the provisions of 45 CFR 164.514. Any de-8336 |
|---|
| 12341 | + | identified patient data released by the unit shall exclude provider, 8337 |
|---|
| 12342 | + | physician and payer organization names or codes and shall be kept 8338 |
|---|
| 12343 | + | confidential by the recipient. The unit may release patient-identifiable 8339 |
|---|
| 12344 | + | data (1) for medical and scientific research as provided for in section 8340 |
|---|
| 12345 | + | 19a-25-3 of the regulations of Connecticut state agencies, and (2) to (A) 8341 |
|---|
| 12346 | + | a state agency for the purpose of improving health care service delivery, 8342 |
|---|
| 12347 | + | (B) a federal agency or the office of the Attorney General for the purpose 8343 |
|---|
| 12348 | + | of investigating hospital mergers and acquisitions, (C) another state's 8344 |
|---|
| 12349 | + | health data collection agency with which the unit has entered into a 8345 |
|---|
| 12350 | + | reciprocal data-sharing agreement for the purpose of certificate of need 8346 |
|---|
| 12351 | + | review or evaluation of health care services, upon receipt of a request 8347 |
|---|
| 12352 | + | from such agency, provided, prior to the release of such patient-8348 |
|---|
| 12353 | + | identifiable data, such agency enters into a written agreement with the 8349 |
|---|
| 12354 | + | unit pursuant to which such agency agrees to protect the confidentiality 8350 |
|---|
| 12355 | + | of such patient-identifiable data and not to use such patient-identifiable 8351 |
|---|
| 12356 | + | data as a basis for any decision concerning a patient, or (D) a consultant 8352 |
|---|
| 12357 | + | or independent professional contracted by the Office of Health Strategy 8353 |
|---|
| 12358 | + | pursuant to section 19a-614 to carry out the functions of the unit, 8354 |
|---|
| 12359 | + | including collecting, managing or organizing such patient-identifiable 8355 |
|---|
| 12360 | + | data. No individual or entity receiving patient-identifiable data may 8356 |
|---|
| 12361 | + | release such data in any manner that may result in an individual patient, 8357 |
|---|
| 12362 | + | physician, provider or payer being identified. The unit shall impose a 8358 |
|---|
| 12363 | + | reasonable, cost-based fee for any patient data provided to a 8359 |
|---|
| 12364 | + | nongovernmental entity. 8360 |
|---|
| 12365 | + | (e) Not later than October 1, 2018, the Health Systems Planning Unit 8361 |
|---|
| 12366 | + | shall enter into a memorandum of understanding with the Comptroller 8362 |
|---|
| 12367 | + | that shall permit the Comptroller to access the data set forth in 8363 |
|---|
| 12368 | + | Bill No. |
|---|
| 12369 | + | |
|---|
| 12370 | + | |
|---|
| 12371 | + | |
|---|
| 12372 | + | LCO No. 5697 306 of 350 |
|---|
| 12373 | + | |
|---|
| 12374 | + | subsections (b) and (c) of this section, provided the Comptroller agrees, 8364 |
|---|
| 12375 | + | in writing, to keep individual patient and provider data identified by 8365 |
|---|
| 12376 | + | proper name or personal identification code and submitted pursuant to 8366 |
|---|
| 12377 | + | this section confidential. 8367 |
|---|
| 12378 | + | (f) The [executive director of the Office] Commissioner of Health 8368 |
|---|
| 12379 | + | Strategy shall adopt regulations, in accordance with the provisions of 8369 |
|---|
| 12380 | + | chapter 54, to carry out the provisions of this section. 8370 |
|---|
| 12381 | + | Sec. 224. Section 19a-673a of the general statutes is repealed and the 8371 |
|---|
| 12382 | + | following is substituted in lieu thereof (Effective from passage): 8372 |
|---|
| 12383 | + | The [executive director of the Office] Commissioner of Health 8373 |
|---|
| 12384 | + | Strategy shall adopt regulations, in accordance with chapter 54, to 8374 |
|---|
| 12385 | + | establish uniform debt collection standards for hospitals. 8375 |
|---|
| 12386 | + | Sec. 225. Section 19a-676 of the general statutes is repealed and the 8376 |
|---|
| 12387 | + | following is substituted in lieu thereof (Effective from passage): 8377 |
|---|
| 12388 | + | On or before March thirty-first of each year, for the preceding fiscal 8378 |
|---|
| 12389 | + | year, each hospital shall submit to the unit, in the form and manner 8379 |
|---|
| 12390 | + | prescribed by the unit, the data specified in regulations adopted by the 8380 |
|---|
| 12391 | + | [executive director] commissioner in accordance with chapter 54, the 8381 |
|---|
| 12392 | + | hospital's verification of net revenue required under section 19a-649 and 8382 |
|---|
| 12393 | + | any other data required by the unit, including hospital budget system 8383 |
|---|
| 12394 | + | data for the hospital's twelve months' actual filing requirements. 8384 |
|---|
| 12395 | + | Sec. 226. Subsection (b) of section 19a-725 of the general statutes is 8385 |
|---|
| 12396 | + | repealed and the following is substituted in lieu thereof (Effective from 8386 |
|---|
| 12397 | + | passage): 8387 |
|---|
| 12398 | + | (b) (1) The Health Care Cabinet shall consist of the following 8388 |
|---|
| 12399 | + | members who shall be appointed on or before August 1, 2011: (A) Five 8389 |
|---|
| 12400 | + | appointed by the Governor, two of whom may represent the health care 8390 |
|---|
| 12401 | + | industry and shall serve for terms of four years, one of whom shall 8391 |
|---|
| 12402 | + | represent community health centers and shall serve for a term of three 8392 |
|---|
| 12403 | + | Bill No. |
|---|
| 12404 | + | |
|---|
| 12405 | + | |
|---|
| 12406 | + | |
|---|
| 12407 | + | LCO No. 5697 307 of 350 |
|---|
| 12408 | + | |
|---|
| 12409 | + | years, one of whom shall represent insurance producers and shall serve 8393 |
|---|
| 12410 | + | for a term of three years and one of whom shall be an at-large 8394 |
|---|
| 12411 | + | appointment and shall serve for a term of three years; (B) one appointed 8395 |
|---|
| 12412 | + | by the president pro tempore of the Senate, who shall be an oral health 8396 |
|---|
| 12413 | + | specialist engaged in active practice and shall serve for a term of four 8397 |
|---|
| 12414 | + | years; (C) one appointed by the majority leader of the Senate, who shall 8398 |
|---|
| 12415 | + | represent labor and shall serve for a term of three years; (D) one 8399 |
|---|
| 12416 | + | appointed by the minority leader of the Senate, who shall be an 8400 |
|---|
| 12417 | + | advanced practice registered nurse engaged in active practice and shall 8401 |
|---|
| 12418 | + | serve for a term of two years; (E) one appointed by the speaker of the 8402 |
|---|
| 12419 | + | House of Representatives, who shall be a consumer advocate and shall 8403 |
|---|
| 12420 | + | serve for a term of four years; (F) one appointed by the majority leader 8404 |
|---|
| 12421 | + | of the House of Representatives, who shall be a primary care physician 8405 |
|---|
| 12422 | + | engaged in active practice and shall serve for a term of four years; (G) 8406 |
|---|
| 12423 | + | one appointed by the minority leader of the House of Representatives, 8407 |
|---|
| 12424 | + | who shall represent the health information technology industry and 8408 |
|---|
| 12425 | + | shall serve for a term of three years; (H) five appointed jointly by the 8409 |
|---|
| 12426 | + | chairpersons of the SustiNet Health Partnership board of directors, one 8410 |
|---|
| 12427 | + | of whom shall represent faith communities, one of whom shall represent 8411 |
|---|
| 12428 | + | small businesses, one of whom shall represent the home health care 8412 |
|---|
| 12429 | + | industry, one of whom shall represent hospitals, and one of whom shall 8413 |
|---|
| 12430 | + | be an at-large appointment, all of whom shall serve for terms of five 8414 |
|---|
| 12431 | + | years; (I) the [executive director of the Office] Commissioner of Health 8415 |
|---|
| 12432 | + | Strategy, or the [executive director's] commissioner's designee; (J) the 8416 |
|---|
| 12433 | + | Secretary of the Office of Policy and Management, or the secretary's 8417 |
|---|
| 12434 | + | designee; the Comptroller, or the Comptroller's designee; the chief 8418 |
|---|
| 12435 | + | executive officer of the Connecticut Health Insurance Exchange, or said 8419 |
|---|
| 12436 | + | officer's designee; the Commissioners of Social Services and Public 8420 |
|---|
| 12437 | + | Health, or their designees; and the Healthcare Advocate, or the 8421 |
|---|
| 12438 | + | Healthcare Advocate's designee, all of whom shall serve as ex-officio 8422 |
|---|
| 12439 | + | voting members; and (K) the Commissioners of Children and Families, 8423 |
|---|
| 12440 | + | Developmental Services and Mental Health and Addiction Services, and 8424 |
|---|
| 12441 | + | the Insurance Commissioner, or their designees, and the nonprofit 8425 |
|---|
| 12442 | + | liaison to the Governor, or the nonprofit liaison's designee, all of whom 8426 |
|---|
| 12443 | + | Bill No. |
|---|
| 12444 | + | |
|---|
| 12445 | + | |
|---|
| 12446 | + | |
|---|
| 12447 | + | LCO No. 5697 308 of 350 |
|---|
| 12448 | + | |
|---|
| 12449 | + | shall serve as ex-officio nonvoting members. 8427 |
|---|
| 12450 | + | (2) Following the expiration of initial cabinet member terms, 8428 |
|---|
| 12451 | + | subsequent cabinet terms shall be for four years, commencing on 8429 |
|---|
| 12452 | + | August first of the year of the appointment. If an appointing authority 8430 |
|---|
| 12453 | + | fails to make an initial appointment to the cabinet or an appointment to 8431 |
|---|
| 12454 | + | fill a cabinet vacancy within ninety days of the date of such vacancy, the 8432 |
|---|
| 12455 | + | appointed cabinet members shall, by majority vote, make such 8433 |
|---|
| 12456 | + | appointment to the cabinet. 8434 |
|---|
| 12457 | + | (3) Upon the expiration of the initial terms of the five cabinet 8435 |
|---|
| 12458 | + | members appointed by SustiNet Health Partnership board of directors, 8436 |
|---|
| 12459 | + | five successor cabinet members shall be appointed as follows: (A) One 8437 |
|---|
| 12460 | + | appointed by the Governor; (B) one appointed by the president pro 8438 |
|---|
| 12461 | + | tempore of the Senate; (C) one appointed by the speaker of the House of 8439 |
|---|
| 12462 | + | Representatives; and (D) two appointed by majority vote of the 8440 |
|---|
| 12463 | + | appointed board members. Successor board members appointed 8441 |
|---|
| 12464 | + | pursuant to this subdivision shall be at-large appointments. 8442 |
|---|
| 12465 | + | (4) The [executive director of the Office] Commissioner of Health 8443 |
|---|
| 12466 | + | Strategy, or the [executive director's] commissioner's designee, shall 8444 |
|---|
| 12467 | + | serve as the chairperson of the Health Care Cabinet. 8445 |
|---|
| 12468 | + | Sec. 227. Subsection (a) of section 19a-754a of the 2024 supplement to 8446 |
|---|
| 12469 | + | the general statutes is repealed and the following is substituted in lieu 8447 |
|---|
| 12470 | + | thereof (Effective from passage): 8448 |
|---|
| 12471 | + | (a) There is established an Office of Health Strategy, which shall be 8449 |
|---|
| 12472 | + | within the Department of Public Health for administrative purposes 8450 |
|---|
| 12473 | + | only. The department head of said office shall be the [executive director 8451 |
|---|
| 12474 | + | of the Office] Commissioner of Health Strategy, who shall be appointed 8452 |
|---|
| 12475 | + | by the Governor in accordance with the provisions of sections 4-5 to 4-8453 |
|---|
| 12476 | + | 8, inclusive, with the powers and duties therein prescribed. 8454 |
|---|
| 12477 | + | Sec. 228. Subsections (c) and (d) of section 19a-754b of the 2024 8455 |
|---|
| 12478 | + | supplement to the general statutes are repealed and the following is 8456 |
|---|
| 12479 | + | Bill No. |
|---|
| 12480 | + | |
|---|
| 12481 | + | |
|---|
| 12482 | + | |
|---|
| 12483 | + | LCO No. 5697 309 of 350 |
|---|
| 12484 | + | |
|---|
| 12485 | + | substituted in lieu thereof (Effective from passage): 8457 |
|---|
| 12486 | + | (c) (1) Beginning on January 1, 2020, the [executive director of the 8458 |
|---|
| 12487 | + | Office] Commissioner of Health Strategy may conduct a study, with the 8459 |
|---|
| 12488 | + | assistance of the Comptroller and not more frequently than once 8460 |
|---|
| 12489 | + | annually, of each pharmaceutical manufacturer of a pipeline drug that, 8461 |
|---|
| 12490 | + | in the opinion of the [executive director] commissioner in consultation 8462 |
|---|
| 12491 | + | with the Comptroller and the Commissioner of Social Services, may 8463 |
|---|
| 12492 | + | have a significant impact on state expenditures for outpatient 8464 |
|---|
| 12493 | + | prescription drugs. The office may work with the Comptroller to utilize 8465 |
|---|
| 12494 | + | existing state resources and contracts, or contract with a third party, 8466 |
|---|
| 12495 | + | including, but not limited to, an accounting firm, to conduct such study. 8467 |
|---|
| 12496 | + | (2) Each pharmaceutical manufacturer that is the subject of a study 8468 |
|---|
| 12497 | + | conducted pursuant to subdivision (1) of this subsection shall submit to 8469 |
|---|
| 12498 | + | the office, or any contractor engaged by the office or the Comptroller to 8470 |
|---|
| 12499 | + | perform such study, the following information for the pipeline drug that 8471 |
|---|
| 12500 | + | is the subject of such study: 8472 |
|---|
| 12501 | + | (A) The primary disease, condition or therapeutic area studied in 8473 |
|---|
| 12502 | + | connection with such drug, and whether such drug is therapeutically 8474 |
|---|
| 12503 | + | indicated for such disease, condition or therapeutic area; 8475 |
|---|
| 12504 | + | (B) Each route of administration studied for such drug; 8476 |
|---|
| 12505 | + | (C) Clinical trial comparators, if applicable, for such drug; 8477 |
|---|
| 12506 | + | (D) The estimated year of market entry for such drug; 8478 |
|---|
| 12507 | + | (E) Whether the federal Food and Drug Administration has 8479 |
|---|
| 12508 | + | designated such drug as an orphan drug, a fast track product or a 8480 |
|---|
| 12509 | + | breakthrough therapy; and 8481 |
|---|
| 12510 | + | (F) Whether the federal Food and Drug Administration has 8482 |
|---|
| 12511 | + | designated such drug for accelerated approval and, if such drug 8483 |
|---|
| 12512 | + | contains a new molecular entity, for priority review. 8484 |
|---|
| 12513 | + | Bill No. |
|---|
| 12514 | + | |
|---|
| 12515 | + | |
|---|
| 12516 | + | |
|---|
| 12517 | + | LCO No. 5697 310 of 350 |
|---|
| 12518 | + | |
|---|
| 12519 | + | (d) (1) On or before March 1, 2020, and annually thereafter, the 8485 |
|---|
| 12520 | + | [executive director of the Office] Commissioner of Health Strategy, in 8486 |
|---|
| 12521 | + | consultation with the Comptroller, Commissioner of Social Services and 8487 |
|---|
| 12522 | + | Commissioner of Public Health, shall prepare a list of not more than ten 8488 |
|---|
| 12523 | + | outpatient prescription drugs that the [executive director] 8489 |
|---|
| 12524 | + | Commissioner of Health Strategy, in the [executive director's] 8490 |
|---|
| 12525 | + | commissioner's discretion, determines are (A) provided at substantial 8491 |
|---|
| 12526 | + | cost to the state, considering the net cost of such drugs, or (B) critical to 8492 |
|---|
| 12527 | + | public health. The list shall include outpatient prescription drugs from 8493 |
|---|
| 12528 | + | different therapeutic classes of outpatient prescription drugs and not 8494 |
|---|
| 12529 | + | less than one generic outpatient prescription drug. 8495 |
|---|
| 12530 | + | (2) Prior to publishing the annual list pursuant to subdivision (1) of 8496 |
|---|
| 12531 | + | this subsection, the [executive director] commissioner shall prepare a 8497 |
|---|
| 12532 | + | preliminary list that includes outpatient prescription drugs that the 8498 |
|---|
| 12533 | + | [executive director] commissioner plans to include on such annual list. 8499 |
|---|
| 12534 | + | The [executive director] commissioner shall make such preliminary list 8500 |
|---|
| 12535 | + | available for public comment for not less than thirty days. During the 8501 |
|---|
| 12536 | + | public comment period, any manufacturer of an outpatient prescription 8502 |
|---|
| 12537 | + | drug included on the preliminary list may produce documentation, as 8503 |
|---|
| 12538 | + | permitted by federal law, to the [executive director] commissioner to 8504 |
|---|
| 12539 | + | establish that the wholesale acquisition cost of such drug, less all rebates 8505 |
|---|
| 12540 | + | paid to the state for such outpatient prescription drug during the 8506 |
|---|
| 12541 | + | immediately preceding calendar year, does not exceed the limits 8507 |
|---|
| 12542 | + | established in subdivision (3) of this subsection. If such documentation 8508 |
|---|
| 12543 | + | establishes, to the satisfaction of the [executive director] commissioner, 8509 |
|---|
| 12544 | + | that the wholesale acquisition cost of the drug, less all rebates paid to 8510 |
|---|
| 12545 | + | the state for such drug during the immediately preceding calendar year, 8511 |
|---|
| 12546 | + | does not exceed the limits established in subdivision (3) of this 8512 |
|---|
| 12547 | + | subsection, the [executive director] commissioner shall, not later than 8513 |
|---|
| 12548 | + | fifteen days after the closing of the public comment period, remove such 8514 |
|---|
| 12549 | + | drug from the preliminary list before publishing the annual list 8515 |
|---|
| 12550 | + | pursuant to subdivision (1) of this subsection. 8516 |
|---|
| 12551 | + | (3) The [executive director] commissioner shall not list any outpatient 8517 |
|---|
| 12552 | + | Bill No. |
|---|
| 12553 | + | |
|---|
| 12554 | + | |
|---|
| 12555 | + | |
|---|
| 12556 | + | LCO No. 5697 311 of 350 |
|---|
| 12557 | + | |
|---|
| 12558 | + | prescription drugs under subdivision (1) or (2) of this subsection unless 8518 |
|---|
| 12559 | + | the wholesale acquisition cost of such outpatient prescription drug (A) 8519 |
|---|
| 12560 | + | increased by not less than sixteen per cent cumulatively during the 8520 |
|---|
| 12561 | + | immediately preceding two calendar years, and (B) was not less than 8521 |
|---|
| 12562 | + | forty dollars for a course of treatment. 8522 |
|---|
| 12563 | + | (4) (A) The pharmaceutical manufacturer of an outpatient 8523 |
|---|
| 12564 | + | prescription drug included on a list prepared by the [executive director] 8524 |
|---|
| 12565 | + | commissioner pursuant to subdivision (1) of this subsection shall 8525 |
|---|
| 12566 | + | provide to the office, in a form and manner specified by the [executive 8526 |
|---|
| 12567 | + | director] commissioner, (i) a written, narrative description, suitable for 8527 |
|---|
| 12568 | + | public release, of all factors that caused the increase in the wholesale 8528 |
|---|
| 12569 | + | acquisition cost of the listed outpatient prescription drug, and (ii) 8529 |
|---|
| 12570 | + | aggregate, company-level research and development costs and such 8530 |
|---|
| 12571 | + | other capital expenditures that the [executive director] commissioner, in 8531 |
|---|
| 12572 | + | the [executive director's] commissioner's discretion, deems relevant for 8532 |
|---|
| 12573 | + | the most recent year for which final audited data are available. 8533 |
|---|
| 12574 | + | (B) The quality and types of information and data that a 8534 |
|---|
| 12575 | + | pharmaceutical manufacturer submits to the office under this 8535 |
|---|
| 12576 | + | subdivision shall be consistent with the quality and types of information 8536 |
|---|
| 12577 | + | and data that the pharmaceutical manufacturer includes in (i) such 8537 |
|---|
| 12578 | + | pharmaceutical manufacturer's annual consolidated report on Securities 8538 |
|---|
| 12579 | + | and Exchange Commission Form 10 -K, or (ii) any other public 8539 |
|---|
| 12580 | + | disclosure. 8540 |
|---|
| 12581 | + | (5) The office shall establish a standardized form for reporting 8541 |
|---|
| 12582 | + | information and data pursuant to this subsection after consulting with 8542 |
|---|
| 12583 | + | pharmaceutical manufacturers. The form shall be designed to minimize 8543 |
|---|
| 12584 | + | the administrative burden and cost of reporting on the office and 8544 |
|---|
| 12585 | + | pharmaceutical manufacturers. 8545 |
|---|
| 12586 | + | Sec. 229. Section 19a-754e of the general statutes is repealed and the 8546 |
|---|
| 12587 | + | following is substituted in lieu thereof (Effective from passage): 8547 |
|---|
| 12588 | + | (a) The [Executive Director of the Office] Commissioner of Health 8548 |
|---|
| 12589 | + | Bill No. |
|---|
| 12590 | + | |
|---|
| 12591 | + | |
|---|
| 12592 | + | |
|---|
| 12593 | + | LCO No. 5697 312 of 350 |
|---|
| 12594 | + | |
|---|
| 12595 | + | Strategy, in consultation with the Office of Policy and Management, the 8549 |
|---|
| 12596 | + | Department of Social Services, the Connecticut Insurance Department 8550 |
|---|
| 12597 | + | and the Connecticut Health Insurance Exchange established pursuant to 8551 |
|---|
| 12598 | + | section 38a-1081, shall study the feasibility of offering health care 8552 |
|---|
| 12599 | + | coverage for (1) income-eligible children ages nine to eighteen, 8553 |
|---|
| 12600 | + | inclusive, regardless of immigration status, who are not otherwise 8554 |
|---|
| 12601 | + | eligible for Medicaid, the Children's Health Insurance Program, or an 8555 |
|---|
| 12602 | + | offer of affordable employer sponsored insurance as defined in the 8556 |
|---|
| 12603 | + | Affordable Care Act, as an employee or a dependent of an employee, 8557 |
|---|
| 12604 | + | and (2) adults with household income not exceeding two hundred per 8558 |
|---|
| 12605 | + | cent of the federal poverty level who do not otherwise qualify for 8559 |
|---|
| 12606 | + | medical assistance, an offer of affordable, employer-sponsored 8560 |
|---|
| 12607 | + | insurance as defined in the Affordable Care Act, as an employee or a 8561 |
|---|
| 12608 | + | dependent of an employee, or health care coverage through the 8562 |
|---|
| 12609 | + | Connecticut Health Insurance Exchange due to household income. 8563 |
|---|
| 12610 | + | (b) The study on the feasibility of providing health care coverage to 8564 |
|---|
| 12611 | + | income-eligible children ages nine to eighteen, inclusive, shall include, 8565 |
|---|
| 12612 | + | but not be limited to: (1) The age groups that would be provided medical 8566 |
|---|
| 12613 | + | assistance in each year, and appropriations necessary to provide such 8567 |
|---|
| 12614 | + | assistance, (2) income eligibility criteria and health care coverage 8568 |
|---|
| 12615 | + | consistent with the medical assistance programs established pursuant to 8569 |
|---|
| 12616 | + | sections 17b-261 and 17b-292, and (3) recommendations for identifying 8570 |
|---|
| 12617 | + | and enrolling such children in such coverage. 8571 |
|---|
| 12618 | + | (c) The study on the feasibility of providing health care coverage for 8572 |
|---|
| 12619 | + | adults with household income not exceeding two hundred per cent of 8573 |
|---|
| 12620 | + | the federal poverty level shall include, but not be limited to: (1) 8574 |
|---|
| 12621 | + | Household income caps for adults who would be provided health care 8575 |
|---|
| 12622 | + | coverage in each year, and appropriations necessary to provide such 8576 |
|---|
| 12623 | + | coverage, (2) health care coverage consistent with the medical assistance 8577 |
|---|
| 12624 | + | programs established pursuant to section 17b-261 and the HUSKY D 8578 |
|---|
| 12625 | + | program as defined in section 17b-290, and (3) recommendations for 8579 |
|---|
| 12626 | + | identifying and enrolling such adults in such coverage. 8580 |
|---|
| 12627 | + | Bill No. |
|---|
| 12628 | + | |
|---|
| 12629 | + | |
|---|
| 12630 | + | |
|---|
| 12631 | + | LCO No. 5697 313 of 350 |
|---|
| 12632 | + | |
|---|
| 12633 | + | (d) Not later than July 1, 2022, the [executive director] commissioner 8581 |
|---|
| 12634 | + | shall report, in accordance with the provisions of section 11-4a, on 8582 |
|---|
| 12635 | + | provisions of the feasibility study to the joint standing committees of the 8583 |
|---|
| 12636 | + | General Assembly having cognizance of matters relating to 8584 |
|---|
| 12637 | + | appropriations and the budgets of state agencies, human services and 8585 |
|---|
| 12638 | + | insurance and real estate. 8586 |
|---|
| 12639 | + | Sec. 230. Subdivisions (1) to (9), inclusive, of section 19a-754f of the 8587 |
|---|
| 12640 | + | general statutes are repealed and the following is substituted in lieu 8588 |
|---|
| 12641 | + | thereof (Effective from passage): 8589 |
|---|
| 12642 | + | (1) "Drug manufacturer" means the manufacturer of a drug that is: 8590 |
|---|
| 12643 | + | (A) Included in the information and data submitted by a health carrier 8591 |
|---|
| 12644 | + | pursuant to section 38a-479qqq, (B) studied or listed pursuant to 8592 |
|---|
| 12645 | + | subsection (c) or (d) of section 19a-754b, or (C) in a therapeutic class of 8593 |
|---|
| 12646 | + | drugs that the [executive director] Commissioner of Health Strategy 8594 |
|---|
| 12647 | + | determines, through public or private reports, has had a substantial 8595 |
|---|
| 12648 | + | impact on prescription drug expenditures, net of rebates, as a 8596 |
|---|
| 12649 | + | percentage of total health care expenditures; 8597 |
|---|
| 12650 | + | (2) ["Executive director"] "Commissioner" means the [executive 8598 |
|---|
| 12651 | + | director of the Office] Commissioner of Health Strategy; 8599 |
|---|
| 12652 | + | (3) "Health care cost growth benchmark" means the annual 8600 |
|---|
| 12653 | + | benchmark established pursuant to section 19a-754g; 8601 |
|---|
| 12654 | + | (4) "Health care quality benchmark" means an annual benchmark 8602 |
|---|
| 12655 | + | established pursuant to section 19a-754g; 8603 |
|---|
| 12656 | + | (5) "Health care provider" has the same meaning as provided in 8604 |
|---|
| 12657 | + | subdivision (1) of subsection (a) of section 19a-17b; 8605 |
|---|
| 12658 | + | (6) "Net cost of private health insurance" means the difference 8606 |
|---|
| 12659 | + | between premiums earned and benefits incurred, and includes insurers' 8607 |
|---|
| 12660 | + | costs of paying bills, advertising, sales commissions, and other 8608 |
|---|
| 12661 | + | administrative costs, net additions or subtractions from reserves, rate 8609 |
|---|
| 12662 | + | Bill No. |
|---|
| 12663 | + | |
|---|
| 12664 | + | |
|---|
| 12665 | + | |
|---|
| 12666 | + | LCO No. 5697 314 of 350 |
|---|
| 12667 | + | |
|---|
| 12668 | + | credits and dividends, premium taxes and profits or losses; 8610 |
|---|
| 12669 | + | (7) "Office" means the Office of Health Strategy established under 8611 |
|---|
| 12670 | + | section 19a-754a; 8612 |
|---|
| 12671 | + | (8) "Other entity" means a drug manufacturer, pharmacy benefits 8613 |
|---|
| 12672 | + | manager or other health care provider that is not considered a provider 8614 |
|---|
| 12673 | + | entity; 8615 |
|---|
| 12674 | + | (9) "Payer" means a payer, including Medicaid, Medicare and 8616 |
|---|
| 12675 | + | governmental and nongovernment health plans, and includes any 8617 |
|---|
| 12676 | + | organization acting as payer that is a subsidiary, affiliate or business 8618 |
|---|
| 12677 | + | owned or controlled by a payer that, during a given calendar year, pays 8619 |
|---|
| 12678 | + | health care providers for health care services or pharmacies or provider 8620 |
|---|
| 12679 | + | entities for prescription drugs designated by the [executive director] 8621 |
|---|
| 12680 | + | Commissioner of Health Strategy; 8622 |
|---|
| 12681 | + | Sec. 231. Section 19a-754g of the general statutes is repealed and the 8623 |
|---|
| 12682 | + | following is substituted in lieu thereof (Effective from passage): 8624 |
|---|
| 12683 | + | (a) Not later than July 1, 2022, the [executive director] commissioner 8625 |
|---|
| 12684 | + | shall publish (1) the health care cost growth benchmarks and annual 8626 |
|---|
| 12685 | + | primary care spending targets as a percentage of total medical expenses 8627 |
|---|
| 12686 | + | for the calendar years 2021 to 2025, inclusive, and (2) the annual health 8628 |
|---|
| 12687 | + | care quality benchmarks for the calendar years 2022 to 2025, inclusive, 8629 |
|---|
| 12688 | + | on the office's Internet web site. 8630 |
|---|
| 12689 | + | (b) (1) (A) Not later than July 1, 2025, and every five years thereafter, 8631 |
|---|
| 12690 | + | the [executive director] commissioner shall develop and adopt annual 8632 |
|---|
| 12691 | + | health care cost growth benchmarks and annual primary care spending 8633 |
|---|
| 12692 | + | targets for the succeeding five calendar years for provider entities and 8634 |
|---|
| 12693 | + | payers. 8635 |
|---|
| 12694 | + | (B) In developing the health care cost growth benchmarks and 8636 |
|---|
| 12695 | + | primary care spending targets pursuant to this subdivision, the 8637 |
|---|
| 12696 | + | [executive director] commissioner shall consider (i) any historical and 8638 |
|---|
| 12697 | + | Bill No. |
|---|
| 12698 | + | |
|---|
| 12699 | + | |
|---|
| 12700 | + | |
|---|
| 12701 | + | LCO No. 5697 315 of 350 |
|---|
| 12702 | + | |
|---|
| 12703 | + | forecasted changes in median income for individuals in the state and the 8639 |
|---|
| 12704 | + | growth rate of potential gross state product, (ii) the rate of inflation, and 8640 |
|---|
| 12705 | + | (iii) the most recent report prepared by the [executive director] 8641 |
|---|
| 12706 | + | commissioner pursuant to subsection (b) of section 19a-754h. 8642 |
|---|
| 12707 | + | (C) (i) The [executive director] commissioner shall hold at least one 8643 |
|---|
| 12708 | + | informational public hearing prior to adopting the health care cost 8644 |
|---|
| 12709 | + | growth benchmarks and primary care spending targets for each 8645 |
|---|
| 12710 | + | succeeding five-year period described in this subdivision. The 8646 |
|---|
| 12711 | + | [executive director] commissioner may hold informational public 8647 |
|---|
| 12712 | + | hearings concerning any annual health care cost growth benchmark and 8648 |
|---|
| 12713 | + | primary care spending target set pursuant to subsection (a) or 8649 |
|---|
| 12714 | + | subdivision (1) of subsection (b) of this section. Such informational 8650 |
|---|
| 12715 | + | public hearings shall be held at a time and place designated by the 8651 |
|---|
| 12716 | + | [executive director] commissioner in a notice prominently posted by the 8652 |
|---|
| 12717 | + | [executive director] commissioner on the office's Internet web site and 8653 |
|---|
| 12718 | + | in a form and manner prescribed by the [executive director] 8654 |
|---|
| 12719 | + | commissioner. The [executive director] commissioner shall make 8655 |
|---|
| 12720 | + | available on the office's Internet web site a summary of any such 8656 |
|---|
| 12721 | + | informational public hearing and include the [executive director's] 8657 |
|---|
| 12722 | + | commissioner's recommendations, if any, to modify or not to modify 8658 |
|---|
| 12723 | + | any such annual benchmark or target. 8659 |
|---|
| 12724 | + | (ii) If the [executive director] commissioner determines, after any 8660 |
|---|
| 12725 | + | informational public hearing held pursuant to this subparagraph, that a 8661 |
|---|
| 12726 | + | modification to any health care cost growth benchmark or annual 8662 |
|---|
| 12727 | + | primary care spending target is, in the [executive director's] 8663 |
|---|
| 12728 | + | commissioner's discretion, reasonably warranted, the [executive 8664 |
|---|
| 12729 | + | director] commissioner may modify such benchmark or target. 8665 |
|---|
| 12730 | + | (iii) The [executive director] commissioner shall annually (I) review 8666 |
|---|
| 12731 | + | the current and projected rate of inflation, and (II) include on the office's 8667 |
|---|
| 12732 | + | Internet web site the [executive director's] commissioner's findings of 8668 |
|---|
| 12733 | + | such review, including the reasons for making or not making a 8669 |
|---|
| 12734 | + | modification to any applicable health care cost growth benchmark. If the 8670 |
|---|
| 12735 | + | Bill No. |
|---|
| 12736 | + | |
|---|
| 12737 | + | |
|---|
| 12738 | + | |
|---|
| 12739 | + | LCO No. 5697 316 of 350 |
|---|
| 12740 | + | |
|---|
| 12741 | + | [executive director] commissioner determines that the rate of inflation 8671 |
|---|
| 12742 | + | requires modification of any health care cost growth benchmark 8672 |
|---|
| 12743 | + | adopted under this section, the [executive director] commissioner may 8673 |
|---|
| 12744 | + | modify such benchmark. In such event, the [executive director] 8674 |
|---|
| 12745 | + | commissioner shall not be required to hold an informational public 8675 |
|---|
| 12746 | + | hearing concerning such modified health care cost growth benchmark. 8676 |
|---|
| 12747 | + | (D) The [executive director] commissioner shall post each adopted 8677 |
|---|
| 12748 | + | health care cost growth benchmark and annual primary care spending 8678 |
|---|
| 12749 | + | target on the office's Internet web site. 8679 |
|---|
| 12750 | + | (E) Notwithstanding the provisions of subparagraphs (A) to (D), 8680 |
|---|
| 12751 | + | inclusive, of this subdivision, if the average annual health care cost 8681 |
|---|
| 12752 | + | growth benchmark for a succeeding five-year period described in this 8682 |
|---|
| 12753 | + | subdivision differs from the average annual health care cost growth 8683 |
|---|
| 12754 | + | benchmark for the five-year period preceding such succeeding five-year 8684 |
|---|
| 12755 | + | period by more than one-half of one per cent, the [executive director] 8685 |
|---|
| 12756 | + | commissioner shall submit the annual health care cost growth 8686 |
|---|
| 12757 | + | benchmarks developed for such succeeding five-year period to the joint 8687 |
|---|
| 12758 | + | standing committee of the General Assembly having cognizance of 8688 |
|---|
| 12759 | + | matters relating to insurance for the committee's review and approval. 8689 |
|---|
| 12760 | + | The committee shall be deemed to have approved such annual health 8690 |
|---|
| 12761 | + | care cost growth benchmarks for such succeeding five-year period, 8691 |
|---|
| 12762 | + | except upon a vote to reject such benchmarks by the majority of 8692 |
|---|
| 12763 | + | committee members at a meeting of such committee called for the 8693 |
|---|
| 12764 | + | purpose of reviewing such benchmarks and held not later than thirty 8694 |
|---|
| 12765 | + | days after the [executive director] commissioner submitted such 8695 |
|---|
| 12766 | + | benchmarks to such committee. If the committee votes to reject such 8696 |
|---|
| 12767 | + | benchmarks, the [executive director] commissioner may submit to the 8697 |
|---|
| 12768 | + | committee modified annual health care cost growth benchmarks for 8698 |
|---|
| 12769 | + | such succeeding five-year period for the committee's review and 8699 |
|---|
| 12770 | + | approval in accordance with the provisions of this subparagraph. The 8700 |
|---|
| 12771 | + | [executive director] commissioner shall not be required to hold an 8701 |
|---|
| 12772 | + | informational public hearing concerning such modified benchmarks. 8702 |
|---|
| 12773 | + | Until the joint standing committee of the General Assembly having 8703 |
|---|
| 12774 | + | Bill No. |
|---|
| 12775 | + | |
|---|
| 12776 | + | |
|---|
| 12777 | + | |
|---|
| 12778 | + | LCO No. 5697 317 of 350 |
|---|
| 12779 | + | |
|---|
| 12780 | + | cognizance of matters relating to insurance approves annual health care 8704 |
|---|
| 12781 | + | cost growth benchmarks for the succeeding five-year period, such 8705 |
|---|
| 12782 | + | benchmarks shall be deemed to be equal to the average annual health 8706 |
|---|
| 12783 | + | care cost growth benchmark for the preceding five-year period. 8707 |
|---|
| 12784 | + | (2) (A) Not later than July 1, 2025, and every five years thereafter, the 8708 |
|---|
| 12785 | + | [executive director] commissioner shall develop and adopt annual 8709 |
|---|
| 12786 | + | health care quality benchmarks for the succeeding five calendar years 8710 |
|---|
| 12787 | + | for provider entities and payers. 8711 |
|---|
| 12788 | + | (B) In developing annual health care quality benchmarks pursuant to 8712 |
|---|
| 12789 | + | this subdivision, the [executive director] commissioner shall consider (i) 8713 |
|---|
| 12790 | + | quality measures endorsed by nationally recognized organizations, 8714 |
|---|
| 12791 | + | including, but not limited to, the National Quality Forum, the National 8715 |
|---|
| 12792 | + | Committee for Quality Assurance, the Centers for Medicare and 8716 |
|---|
| 12793 | + | Medicaid Services, the Centers for Disease Control, the Joint 8717 |
|---|
| 12794 | + | Commission and expert organizations that develop health equity 8718 |
|---|
| 12795 | + | measures, and (ii) measures that: (I) Concern health outcomes, 8719 |
|---|
| 12796 | + | overutilization, underutilization and patient safety, (II) meet standards 8720 |
|---|
| 12797 | + | of patient-centeredness and ensure consideration of differences in 8721 |
|---|
| 12798 | + | preferences and clinical characteristics within patient subpopulations, 8722 |
|---|
| 12799 | + | and (III) concern community health or population health. 8723 |
|---|
| 12800 | + | (C) (i) The [executive director] commissioner shall hold at least one 8724 |
|---|
| 12801 | + | informational public hearing prior to adopting the health care quality 8725 |
|---|
| 12802 | + | benchmarks for each succeeding five-year period described in this 8726 |
|---|
| 12803 | + | subdivision. The [executive director] commissioner may hold 8727 |
|---|
| 12804 | + | informational public hearings concerning the quality measures the 8728 |
|---|
| 12805 | + | [executive director] commissioner proposes to adopt as health care 8729 |
|---|
| 12806 | + | quality benchmarks. Such informational public hearings shall be held at 8730 |
|---|
| 12807 | + | a time and place designated by the [executive director] commissioner in 8731 |
|---|
| 12808 | + | a notice prominently posted by the [executive director] commissioner 8732 |
|---|
| 12809 | + | on the office's Internet web site and in a form and manner prescribed by 8733 |
|---|
| 12810 | + | the [executive director] commissioner. The [executive director] 8734 |
|---|
| 12811 | + | commissioner shall make available on the office's Internet web site a 8735 |
|---|
| 12812 | + | Bill No. |
|---|
| 12813 | + | |
|---|
| 12814 | + | |
|---|
| 12815 | + | |
|---|
| 12816 | + | LCO No. 5697 318 of 350 |
|---|
| 12817 | + | |
|---|
| 12818 | + | summary of any such informational public hearing and include the 8736 |
|---|
| 12819 | + | [executive director's] recommendations, if any, to modify or not modify 8737 |
|---|
| 12820 | + | any such health care quality benchmark. 8738 |
|---|
| 12821 | + | (ii) If the [executive director] commissioner determines, after any 8739 |
|---|
| 12822 | + | informational public hearing held pursuant to this subparagraph, that 8740 |
|---|
| 12823 | + | modifications to any health care quality benchmarks are, in the 8741 |
|---|
| 12824 | + | [executive director's] commissioner's discretion, reasonably warranted, 8742 |
|---|
| 12825 | + | the [executive director] commissioner may modify such quality 8743 |
|---|
| 12826 | + | benchmarks. The [executive director] commissioner shall not be 8744 |
|---|
| 12827 | + | required to hold an additional informational public hearing concerning 8745 |
|---|
| 12828 | + | such modified quality benchmarks. 8746 |
|---|
| 12829 | + | (D) The [executive director] commissioner shall post each adopted 8747 |
|---|
| 12830 | + | health care quality benchmark on the office's Internet web site. 8748 |
|---|
| 12831 | + | (c) The [executive director] commissioner may enter into such 8749 |
|---|
| 12832 | + | contractual agreements as may be necessary to carry out the purposes 8750 |
|---|
| 12833 | + | of this section, including, but not limited to, contractual agreements 8751 |
|---|
| 12834 | + | with actuarial, economic and other experts and consultants. 8752 |
|---|
| 12835 | + | Sec. 232. Section 19a-754h of the general statutes is repealed and the 8753 |
|---|
| 12836 | + | following is substituted in lieu thereof (Effective from passage): 8754 |
|---|
| 12837 | + | (a) Not later than August 15, 2022, and annually thereafter, each 8755 |
|---|
| 12838 | + | payer shall report to the [executive director] commissioner, in a form 8756 |
|---|
| 12839 | + | and manner prescribed by the [executive director] commissioner, for the 8757 |
|---|
| 12840 | + | preceding or prior years, if the [executive director] commissioner so 8758 |
|---|
| 12841 | + | requests based on material changes to data previously submitted, 8759 |
|---|
| 12842 | + | aggregated data, including aggregated self-funded data as applicable, 8760 |
|---|
| 12843 | + | necessary for the [executive director] commissioner to calculate total 8761 |
|---|
| 12844 | + | health care expenditures, primary care spending as a percentage of total 8762 |
|---|
| 12845 | + | medical expenses and net cost of private health insurance. Each payer 8763 |
|---|
| 12846 | + | shall also disclose, as requested by the [executive director] 8764 |
|---|
| 12847 | + | commissioner, payer data required for adjusting total medical expense 8765 |
|---|
| 12848 | + | calculations to reflect changes in the patient population. 8766 |
|---|
| 12849 | + | Bill No. |
|---|
| 12850 | + | |
|---|
| 12851 | + | |
|---|
| 12852 | + | |
|---|
| 12853 | + | LCO No. 5697 319 of 350 |
|---|
| 12854 | + | |
|---|
| 12855 | + | (b) Not later than March 31, 2023, and annually thereafter, the 8767 |
|---|
| 12856 | + | [executive director] commissioner shall prepare and post on the office's 8768 |
|---|
| 12857 | + | Internet web site, a report concerning the total health care expenditures 8769 |
|---|
| 12858 | + | utilizing the total aggregate medical expenses reported by payers 8770 |
|---|
| 12859 | + | pursuant to subsection (a) of this section, including, but not limited to, 8771 |
|---|
| 12860 | + | a breakdown of such population-adjusted total medical expenses by 8772 |
|---|
| 12861 | + | payer and provider entities. The report may include, but shall not be 8773 |
|---|
| 12862 | + | limited to, information regarding the following: 8774 |
|---|
| 12863 | + | (1) Trends in major service category spending; 8775 |
|---|
| 12864 | + | (2) Primary care spending as a percentage of total medical expenses; 8776 |
|---|
| 12865 | + | (3) The net cost of private health insurance by payer by market 8777 |
|---|
| 12866 | + | segment, including individual, small group, large group, self-insured, 8778 |
|---|
| 12867 | + | student and Medicare Advantage markets; and 8779 |
|---|
| 12868 | + | (4) Any other factors the [executive director] commissioner deems 8780 |
|---|
| 12869 | + | relevant to providing context on such data, which shall include, but not 8781 |
|---|
| 12870 | + | be limited to, the following factors: (A) The impact of the rate of inflation 8782 |
|---|
| 12871 | + | and rate of medical inflation; (B) impacts, if any, on access to care; and 8783 |
|---|
| 12872 | + | (C) responses to public health crises or similar emergencies. 8784 |
|---|
| 12873 | + | (c) The [executive director] commissioner shall annually submit a 8785 |
|---|
| 12874 | + | request to the federal Centers for Medicare and Medicaid Services for 8786 |
|---|
| 12875 | + | the unadjusted total medical expenses of Connecticut residents. 8787 |
|---|
| 12876 | + | (d) Not later than August 15, 2023, and annually thereafter, each 8788 |
|---|
| 12877 | + | payer or provider entity shall report to the [executive director] 8789 |
|---|
| 12878 | + | commissioner in a form and manner prescribed by the [executive 8790 |
|---|
| 12879 | + | director] commissioner, for the preceding year, and for prior years if the 8791 |
|---|
| 12880 | + | [executive director] commissioner so requests based on material 8792 |
|---|
| 12881 | + | changes to data previously submitted, on the health care quality 8793 |
|---|
| 12882 | + | benchmarks adopted pursuant to section 19a-754g. 8794 |
|---|
| 12883 | + | (e) Not later than March 31, 2024, and annually thereafter, the 8795 |
|---|
| 12884 | + | Bill No. |
|---|
| 12885 | + | |
|---|
| 12886 | + | |
|---|
| 12887 | + | |
|---|
| 12888 | + | LCO No. 5697 320 of 350 |
|---|
| 12889 | + | |
|---|
| 12890 | + | [executive director] commissioner shall prepare and post on the office's 8796 |
|---|
| 12891 | + | Internet web site, a report concerning health care quality benchmarks 8797 |
|---|
| 12892 | + | reported by payers and provider entities pursuant to subsection (d) of 8798 |
|---|
| 12893 | + | this section. 8799 |
|---|
| 12894 | + | (f) The [executive director] commissioner may enter into such 8800 |
|---|
| 12895 | + | contractual agreements as may be necessary to carry out the purposes 8801 |
|---|
| 12896 | + | of this section, including, but not limited to, contractual agreements 8802 |
|---|
| 12897 | + | with actuarial, economic and other experts and consultants. 8803 |
|---|
| 12898 | + | Sec. 233. Section 19a-754i of the general statutes is repealed and the 8804 |
|---|
| 12899 | + | following is substituted in lieu thereof (Effective from passage): 8805 |
|---|
| 12900 | + | (a) (1) For each calendar year, beginning on January 1, 2023, the 8806 |
|---|
| 12901 | + | [executive director] commissioner shall, if the payer or provider entity 8807 |
|---|
| 12902 | + | subject to the cost growth benchmark or primary care spending target 8808 |
|---|
| 12903 | + | so requests, meet with such payer or provider entity to review and 8809 |
|---|
| 12904 | + | validate the total medical expenses data collected pursuant to section 8810 |
|---|
| 12905 | + | 19a-754h for such payer or provider entity. The [executive director] 8811 |
|---|
| 12906 | + | commissioner shall review information provided by the payer or 8812 |
|---|
| 12907 | + | provider entity and, if deemed necessary, amend findings for such 8813 |
|---|
| 12908 | + | payer or provider prior to the identification of payer or provider entities 8814 |
|---|
| 12909 | + | that exceeded the health care cost growth benchmark or failed to meet 8815 |
|---|
| 12910 | + | the primary care spending target for the performance year as set forth 8816 |
|---|
| 12911 | + | in section 19a-754h. The [executive director] commissioner shall 8817 |
|---|
| 12912 | + | identify, not later than May first of such calendar year, each payer or 8818 |
|---|
| 12913 | + | provider entity that exceeded the health care cost growth benchmark or 8819 |
|---|
| 12914 | + | failed to meet the primary care spending target for the performance 8820 |
|---|
| 12915 | + | year. 8821 |
|---|
| 12916 | + | (2) For each calendar year beginning on or after January 1, 2024, the 8822 |
|---|
| 12917 | + | [executive director] commissioner shall, if the payer or provider entity 8823 |
|---|
| 12918 | + | subject to the health care quality benchmarks for the performance year 8824 |
|---|
| 12919 | + | so requests, meet with such payer or provider entity to review and 8825 |
|---|
| 12920 | + | validate the quality data collected pursuant to section 19a-754h for such 8826 |
|---|
| 12921 | + | Bill No. |
|---|
| 12922 | + | |
|---|
| 12923 | + | |
|---|
| 12924 | + | |
|---|
| 12925 | + | LCO No. 5697 321 of 350 |
|---|
| 12926 | + | |
|---|
| 12927 | + | payer or provider entity. The [executive director] commissioner shall 8827 |
|---|
| 12928 | + | review information provided by the payer or provider entity and, if 8828 |
|---|
| 12929 | + | deemed necessary, amend findings for such payer or provider prior to 8829 |
|---|
| 12930 | + | the identification of payer or provider entities that exceeded the health 8830 |
|---|
| 12931 | + | care quality benchmark as set forth in section 19a-754h. The [executive 8831 |
|---|
| 12932 | + | director] commissioner shall identify, not later than May first of such 8832 |
|---|
| 12933 | + | calendar year, each payer or provider entity that exceeded the health 8833 |
|---|
| 12934 | + | care quality benchmark for the performance year. 8834 |
|---|
| 12935 | + | (3) Not later than thirty days after the [executive director] 8835 |
|---|
| 12936 | + | commissioner identifies each payer or provider entity pursuant to 8836 |
|---|
| 12937 | + | subdivisions (1) and (2) of this subsection, the [executive director] 8837 |
|---|
| 12938 | + | commissioner shall send a notice to each such payer or provider entity. 8838 |
|---|
| 12939 | + | Such notice shall be in a form and manner prescribed by the [executive 8839 |
|---|
| 12940 | + | director] commissioner, and shall disclose to each such payer or 8840 |
|---|
| 12941 | + | provider entity: 8841 |
|---|
| 12942 | + | (A) That the [executive director] commissioner has identified such 8842 |
|---|
| 12943 | + | payer or provider entity pursuant to subdivision (1) or (2) of this 8843 |
|---|
| 12944 | + | subsection; and 8844 |
|---|
| 12945 | + | (B) The factual basis for the [executive director's] commissioner's 8845 |
|---|
| 12946 | + | identification of such payer or provider entity pursuant to subdivision 8846 |
|---|
| 12947 | + | (1) or (2) of this subsection. 8847 |
|---|
| 12948 | + | (b) (1) For each calendar year beginning on and after January 1, 2023, 8848 |
|---|
| 12949 | + | if the [executive director] commissioner determines that the annual 8849 |
|---|
| 12950 | + | percentage change in total health care expenditures for the performance 8850 |
|---|
| 12951 | + | year exceeded the health care cost growth benchmark for such year, the 8851 |
|---|
| 12952 | + | [executive director] commissioner shall identify, not later than May first 8852 |
|---|
| 12953 | + | of such calendar year, any other entity that significantly contributed to 8853 |
|---|
| 12954 | + | exceeding such benchmark. Each identification shall be based on: 8854 |
|---|
| 12955 | + | (A) The report prepared by the [executive director] commissioner 8855 |
|---|
| 12956 | + | pursuant to subsection (b) of section 19a-754h for such calendar year; 8856 |
|---|
| 12957 | + | Bill No. |
|---|
| 12958 | + | |
|---|
| 12959 | + | |
|---|
| 12960 | + | |
|---|
| 12961 | + | LCO No. 5697 322 of 350 |
|---|
| 12962 | + | |
|---|
| 12963 | + | (B) The report filed pursuant to section 38a-479ppp for such calendar 8857 |
|---|
| 12964 | + | year; 8858 |
|---|
| 12965 | + | (C) The information and data reported to the office pursuant to 8859 |
|---|
| 12966 | + | subsection (d) of section 19a-754b for such calendar year; 8860 |
|---|
| 12967 | + | (D) Information obtained from the all-payer claims database 8861 |
|---|
| 12968 | + | established under section 19a-755a; and 8862 |
|---|
| 12969 | + | (E) Any other information that the [executive director] commissioner, 8863 |
|---|
| 12970 | + | in the [executive director's] commissioner's discretion, deems relevant 8864 |
|---|
| 12971 | + | for the purposes of this section. 8865 |
|---|
| 12972 | + | (2) The [executive director] commissioner shall account for costs, net 8866 |
|---|
| 12973 | + | of rebates and discounts, when identifying other entities pursuant to 8867 |
|---|
| 12974 | + | this section. 8868 |
|---|
| 12975 | + | Sec. 234. Section 19a-754j of the general statutes is repealed and the 8869 |
|---|
| 12976 | + | following is substituted in lieu thereof (Effective from passage): 8870 |
|---|
| 12977 | + | (a) (1) Not later than June 30, 2023, and annually thereafter, the 8871 |
|---|
| 12978 | + | [executive director] commissioner shall hold an informational public 8872 |
|---|
| 12979 | + | hearing to compare the growth in total health care expenditures in the 8873 |
|---|
| 12980 | + | performance year to the health care cost growth benchmark established 8874 |
|---|
| 12981 | + | pursuant to section 19a-754g for such year. Such hearing shall involve 8875 |
|---|
| 12982 | + | an examination of: 8876 |
|---|
| 12983 | + | (A) The report most recently prepared by the [executive director] 8877 |
|---|
| 12984 | + | commissioner pursuant to subsection (b) of section 19a-754h; 8878 |
|---|
| 12985 | + | (B) The expenditures of provider entities and payers, including, but 8879 |
|---|
| 12986 | + | not limited to, health care cost trends, primary care spending as a 8880 |
|---|
| 12987 | + | percentage of total medical expenses and the factors contributing to 8881 |
|---|
| 12988 | + | such costs and expenditures; and 8882 |
|---|
| 12989 | + | (C) Any other matters that the [executive director] commissioner, in 8883 |
|---|
| 12990 | + | the [executive director's] commissioner's discretion, deems relevant for 8884 |
|---|
| 12991 | + | Bill No. |
|---|
| 12992 | + | |
|---|
| 12993 | + | |
|---|
| 12994 | + | |
|---|
| 12995 | + | LCO No. 5697 323 of 350 |
|---|
| 12996 | + | |
|---|
| 12997 | + | the purposes of this section. 8885 |
|---|
| 12998 | + | (2) The [executive director] commissioner may require any payer or 8886 |
|---|
| 12999 | + | provider entity that, for the performance year, is found to be a 8887 |
|---|
| 13000 | + | significant contributor to health care cost growth in the state or has 8888 |
|---|
| 13001 | + | failed to meet the primary care spending target, to participate in such 8889 |
|---|
| 13002 | + | hearing. Each such payer or provider entity that is required to 8890 |
|---|
| 13003 | + | participate in such hearing shall provide testimony on issues identified 8891 |
|---|
| 13004 | + | by the [executive director] commissioner and provide additional 8892 |
|---|
| 13005 | + | information on actions taken to reduce such payer's or entity's 8893 |
|---|
| 13006 | + | contribution to future state-wide health care costs and expenditures or 8894 |
|---|
| 13007 | + | to increase such payer's or provider entity's primary care spending as a 8895 |
|---|
| 13008 | + | percentage of total medical expenses. 8896 |
|---|
| 13009 | + | (3) The [executive director] commissioner may require that any other 8897 |
|---|
| 13010 | + | entity that is found to be a significant contributor to health care cost 8898 |
|---|
| 13011 | + | growth in this state during the performance year participate in such 8899 |
|---|
| 13012 | + | hearing. Any other entity that is required to participate in such hearing 8900 |
|---|
| 13013 | + | shall provide testimony on issues identified by the [executive director] 8901 |
|---|
| 13014 | + | commissioner and provide additional information on actions taken to 8902 |
|---|
| 13015 | + | reduce such other entity's contribution to future state-wide health care 8903 |
|---|
| 13016 | + | costs. If such other entity is a drug manufacturer, and the [executive 8904 |
|---|
| 13017 | + | director] commissioner requires that such drug manufacturer 8905 |
|---|
| 13018 | + | participate in such hearing with respect to a specific drug or class of 8906 |
|---|
| 13019 | + | drugs, such hearing may, to the extent possible, include representatives 8907 |
|---|
| 13020 | + | from at least one brand-name manufacturer, one generic manufacturer 8908 |
|---|
| 13021 | + | and one innovator company that is less than ten years old. 8909 |
|---|
| 13022 | + | (4) Not later than October 15, 2023, and annually thereafter, the 8910 |
|---|
| 13023 | + | [executive director] commissioner shall prepare and submit a report, in 8911 |
|---|
| 13024 | + | accordance with section 11-4a, to the joint standing committees of the 8912 |
|---|
| 13025 | + | General Assembly having cognizance of matters relating to insurance 8913 |
|---|
| 13026 | + | and public health. Such report shall be based on the [executive 8914 |
|---|
| 13027 | + | director's] commissioner's analysis of the information submitted during 8915 |
|---|
| 13028 | + | the most recent informational public hearing conducted pursuant to this 8916 |
|---|
| 13029 | + | Bill No. |
|---|
| 13030 | + | |
|---|
| 13031 | + | |
|---|
| 13032 | + | |
|---|
| 13033 | + | LCO No. 5697 324 of 350 |
|---|
| 13034 | + | |
|---|
| 13035 | + | subsection and any other information that the [executive director] 8917 |
|---|
| 13036 | + | commissioner, in the [executive director's] commissioner's discretion, 8918 |
|---|
| 13037 | + | deems relevant for the purposes of this section, and shall: 8919 |
|---|
| 13038 | + | (A) Describe health care spending trends in this state, including, but 8920 |
|---|
| 13039 | + | not limited to, trends in primary care spending as a percentage of total 8921 |
|---|
| 13040 | + | medical expense, and the factors underlying such trends; 8922 |
|---|
| 13041 | + | (B) Include the findings from the report prepared pursuant to 8923 |
|---|
| 13042 | + | subsection (b) of section 19a-754h; 8924 |
|---|
| 13043 | + | (C) Describe a plan for monitoring any unintended adverse 8925 |
|---|
| 13044 | + | consequences resulting from the adoption of cost growth benchmarks 8926 |
|---|
| 13045 | + | and primary care spending targets and the results of any findings from 8927 |
|---|
| 13046 | + | the implementation of such plan; and 8928 |
|---|
| 13047 | + | (D) Disclose the [executive director's] commissioner's 8929 |
|---|
| 13048 | + | recommendations, if any, concerning strategies to increase the efficiency 8930 |
|---|
| 13049 | + | of the state's health care system, including, but not limited to, any 8931 |
|---|
| 13050 | + | recommended legislation concerning the state's health care system. 8932 |
|---|
| 13051 | + | (b) (1) Not later than June 30, 2024, and annually thereafter, the 8933 |
|---|
| 13052 | + | [executive director] commissioner shall hold an informational public 8934 |
|---|
| 13053 | + | hearing to compare the performance of payers and provider entities in 8935 |
|---|
| 13054 | + | the performance year to the quality benchmarks established for such 8936 |
|---|
| 13055 | + | year pursuant to section 19a-754g. Such hearing shall include an 8937 |
|---|
| 13056 | + | examination of: 8938 |
|---|
| 13057 | + | (A) The report most recently prepared by the [executive director] 8939 |
|---|
| 13058 | + | commissioner pursuant to subsection (e) of section 19a-754h; and 8940 |
|---|
| 13059 | + | (B) Any other matters that the [executive director] commissioner, in 8941 |
|---|
| 13060 | + | the [executive director's] commissioner's discretion, deems relevant for 8942 |
|---|
| 13061 | + | the purposes of this section. 8943 |
|---|
| 13062 | + | (2) The [executive director] commissioner may require any payer or 8944 |
|---|
| 13063 | + | provider entity that failed to meet any health care quality benchmarks 8945 |
|---|
| 13064 | + | Bill No. |
|---|
| 13065 | + | |
|---|
| 13066 | + | |
|---|
| 13067 | + | |
|---|
| 13068 | + | LCO No. 5697 325 of 350 |
|---|
| 13069 | + | |
|---|
| 13070 | + | in this state during the performance year to participate in such hearing. 8946 |
|---|
| 13071 | + | Each such payer or provider entity that is required to participate in such 8947 |
|---|
| 13072 | + | hearing shall provide testimony on issues identified by the [executive 8948 |
|---|
| 13073 | + | director] commissioner and provide additional information on actions 8949 |
|---|
| 13074 | + | taken to improve such payer's or provider entity's quality benchmark 8950 |
|---|
| 13075 | + | performance. 8951 |
|---|
| 13076 | + | (3) Not later than October 15, 2024, and annually thereafter, the 8952 |
|---|
| 13077 | + | [executive director] commissioner shall prepare and submit a report, in 8953 |
|---|
| 13078 | + | accordance with section 11-4a, to the joint standing committees of the 8954 |
|---|
| 13079 | + | General Assembly having cognizance of matters relating to insurance 8955 |
|---|
| 13080 | + | and public health. Such report shall be based on the [executive 8956 |
|---|
| 13081 | + | director's] commissioner's analysis of the information submitted during 8957 |
|---|
| 13082 | + | the most recent informational public hearing conducted pursuant to this 8958 |
|---|
| 13083 | + | subsection and any other information that the [executive director] 8959 |
|---|
| 13084 | + | commissioner, in the [executive director's] commissioner's discretion, 8960 |
|---|
| 13085 | + | deems relevant for the purposes of this section, and shall: 8961 |
|---|
| 13086 | + | (A) Describe health care quality trends in this state and the factors 8962 |
|---|
| 13087 | + | underlying such trends; 8963 |
|---|
| 13088 | + | (B) Include the findings from the report prepared pursuant to 8964 |
|---|
| 13089 | + | subsection (e) of section 19a-754h; and 8965 |
|---|
| 13090 | + | (C) Disclose the [executive director's] commissioner's 8966 |
|---|
| 13091 | + | recommendations, if any, concerning strategies to improve the quality 8967 |
|---|
| 13092 | + | of the state's health care system, including, but not limited to, any 8968 |
|---|
| 13093 | + | recommended legislation concerning the state's health care system. 8969 |
|---|
| 13094 | + | Sec. 235. Section 19a-754k of the general statutes is repealed and the 8970 |
|---|
| 13095 | + | following is substituted in lieu thereof (Effective from passage): 8971 |
|---|
| 13096 | + | The [executive director] Commissioner of Health Strategy may adopt 8972 |
|---|
| 13097 | + | regulations, in accordance with chapter 54, to implement the provisions 8973 |
|---|
| 13098 | + | of section 19a-754a and sections 19a-754f to 19a-754j, inclusive. 8974 |
|---|
| 13099 | + | Bill No. |
|---|
| 13100 | + | |
|---|
| 13101 | + | |
|---|
| 13102 | + | |
|---|
| 13103 | + | LCO No. 5697 326 of 350 |
|---|
| 13104 | + | |
|---|
| 13105 | + | Sec. 236. Subsections (b) and (c) of section 19a-755a of the general 8975 |
|---|
| 13106 | + | statutes are repealed and the following is substituted in lieu thereof 8976 |
|---|
| 13107 | + | (Effective from passage): 8977 |
|---|
| 13108 | + | (b) (1) There is established an all-payer claims database program. The 8978 |
|---|
| 13109 | + | Office of Health Strategy shall: (A) Oversee the planning, 8979 |
|---|
| 13110 | + | implementation and administration of the all-payer claims database 8980 |
|---|
| 13111 | + | program for the purpose of collecting, assessing and reporting health 8981 |
|---|
| 13112 | + | care information relating to safety, quality, cost-effectiveness, access and 8982 |
|---|
| 13113 | + | efficiency for all levels of health care; (B) ensure that data received is 8983 |
|---|
| 13114 | + | securely collected, compiled and stored in accordance with state and 8984 |
|---|
| 13115 | + | federal law; (C) conduct audits of data submitted by reporting entities 8985 |
|---|
| 13116 | + | in order to verify its accuracy; and (D) in consultation with the Health 8986 |
|---|
| 13117 | + | Information Technology Advisory Council established under section 8987 |
|---|
| 13118 | + | 17b-59f, maintain written procedures for the administration of such all-8988 |
|---|
| 13119 | + | payer claims database. Any such written procedures shall include (i) 8989 |
|---|
| 13120 | + | reporting requirements for reporting entities, and (ii) requirements for 8990 |
|---|
| 13121 | + | providing notice to a reporting entity regarding any alleged failure on 8991 |
|---|
| 13122 | + | the part of such reporting entity to comply with such reporting 8992 |
|---|
| 13123 | + | requirements. 8993 |
|---|
| 13124 | + | (2) The [executive director of the Office] Commissioner of Health 8994 |
|---|
| 13125 | + | Strategy shall seek funding from the federal government, other public 8995 |
|---|
| 13126 | + | sources and other private sources to cover costs associated with the 8996 |
|---|
| 13127 | + | planning, implementation and administration of the all-payer claims 8997 |
|---|
| 13128 | + | database program. 8998 |
|---|
| 13129 | + | (3) (A) Upon the adoption of reporting requirements as set forth in 8999 |
|---|
| 13130 | + | subdivision (1) of this subsection, a reporting entity shall report health 9000 |
|---|
| 13131 | + | care information for inclusion in the all-payer claims database in a form 9001 |
|---|
| 13132 | + | and manner prescribed by the [executive director of the Office] 9002 |
|---|
| 13133 | + | Commissioner of Health Strategy. The [executive director] 9003 |
|---|
| 13134 | + | commissioner may, after notice and hearing, impose a civil penalty on 9004 |
|---|
| 13135 | + | any reporting entity that fails to report health care information as 9005 |
|---|
| 13136 | + | prescribed. Such civil penalty shall not exceed one thousand dollars per 9006 |
|---|
| 13137 | + | Bill No. |
|---|
| 13138 | + | |
|---|
| 13139 | + | |
|---|
| 13140 | + | |
|---|
| 13141 | + | LCO No. 5697 327 of 350 |
|---|
| 13142 | + | |
|---|
| 13143 | + | day for each day of violation and shall not be imposed as a cost for the 9007 |
|---|
| 13144 | + | purpose of rate determination or reimbursement by a third-party payer. 9008 |
|---|
| 13145 | + | (B) The [executive director of the Office] Commissioner of Health 9009 |
|---|
| 13146 | + | Strategy may provide the name of any reporting entity on which such 9010 |
|---|
| 13147 | + | penalty has been imposed to the Insurance Commissioner. After 9011 |
|---|
| 13148 | + | consultation with [said executive director] the Commissioner of Health 9012 |
|---|
| 13149 | + | Strategy, the [commissioner] Insurance Commissioner may request the 9013 |
|---|
| 13150 | + | Attorney General to bring an action in the superior court for the judicial 9014 |
|---|
| 13151 | + | district of Hartford to recover any penalty imposed pursuant to 9015 |
|---|
| 13152 | + | subparagraph (A) of this subdivision. 9016 |
|---|
| 13153 | + | (4) The Commissioner of Social Services shall submit Medicaid and 9017 |
|---|
| 13154 | + | CHIP data to the [executive director of the Office] Commissioner of 9018 |
|---|
| 13155 | + | Health Strategy for inclusion in the all-payer claims database only for 9019 |
|---|
| 13156 | + | purposes related to administration of the State Medicaid and CHIP 9020 |
|---|
| 13157 | + | Plans, in accordance with 42 CFR 431.301 to 42 CFR 431.306, inclusive. 9021 |
|---|
| 13158 | + | (5) The [executive director of the Office] Commissioner of Health 9022 |
|---|
| 13159 | + | Strategy shall: (A) Utilize data in the all-payer claims database to 9023 |
|---|
| 13160 | + | provide health care consumers in the state with information concerning 9024 |
|---|
| 13161 | + | the cost and quality of health care services for the purpose of allowing 9025 |
|---|
| 13162 | + | such consumers to make economically sound and medically 9026 |
|---|
| 13163 | + | appropriate health care decisions; and (B) make data in the all-payer 9027 |
|---|
| 13164 | + | claims database available to any state agency, insurer, employer, health 9028 |
|---|
| 13165 | + | care provider, consumer of health care services or researcher for the 9029 |
|---|
| 13166 | + | purpose of allowing such person or entity to review such data as it 9030 |
|---|
| 13167 | + | relates to health care utilization, costs or quality of health care services. 9031 |
|---|
| 13168 | + | If health information, as defined in 45 CFR 160.103, as amended from 9032 |
|---|
| 13169 | + | time to time, is permitted to be disclosed under the Health Insurance 9033 |
|---|
| 13170 | + | Portability and Accountability Act of 1996, P.L. 104-191, as amended 9034 |
|---|
| 13171 | + | from time to time, or regulations adopted thereunder, any disclosure 9035 |
|---|
| 13172 | + | thereof made pursuant to this subdivision shall have identifiers 9036 |
|---|
| 13173 | + | removed, as set forth in 45 CFR 164.514, as amended from time to time. 9037 |
|---|
| 13174 | + | Any disclosure made pursuant to this subdivision of information other 9038 |
|---|
| 13175 | + | Bill No. |
|---|
| 13176 | + | |
|---|
| 13177 | + | |
|---|
| 13178 | + | |
|---|
| 13179 | + | LCO No. 5697 328 of 350 |
|---|
| 13180 | + | |
|---|
| 13181 | + | than health information shall be made in a manner to protect the 9039 |
|---|
| 13182 | + | confidentiality of such other information as required by state and 9040 |
|---|
| 13183 | + | federal law. The [executive director of the Office] Commissioner of 9041 |
|---|
| 13184 | + | Health Strategy may set a fee to be charged to each person or entity 9042 |
|---|
| 13185 | + | requesting access to data stored in the all-payer claims database. 9043 |
|---|
| 13186 | + | (6) The [executive director of the Office] Commissioner of Health 9044 |
|---|
| 13187 | + | Strategy may (A) in consultation with the All-Payer Claims Database 9045 |
|---|
| 13188 | + | Advisory Group set forth in section 17b-59f, enter into a contract with a 9046 |
|---|
| 13189 | + | person or entity to plan, implement or administer the all-payer claims 9047 |
|---|
| 13190 | + | database program, (B) enter into a contract or take any action that is 9048 |
|---|
| 13191 | + | necessary to obtain data that is the same data required to be submitted 9049 |
|---|
| 13192 | + | by reporting entities under Medicare Part A or Part B, (C) enter into a 9050 |
|---|
| 13193 | + | contract for the collection, management or analysis of data received 9051 |
|---|
| 13194 | + | from reporting entities, and (D) in accordance with subdivision (4) of 9052 |
|---|
| 13195 | + | this subsection, enter into a contract or take any action that is necessary 9053 |
|---|
| 13196 | + | to obtain Medicaid and CHIP data. Any such contract for the collection, 9054 |
|---|
| 13197 | + | management or analysis of such data shall expressly prohibit the 9055 |
|---|
| 13198 | + | disclosure of such data for purposes other than the purposes described 9056 |
|---|
| 13199 | + | in this subsection. 9057 |
|---|
| 13200 | + | (c) Unless otherwise specified, nothing in this section and no action 9058 |
|---|
| 13201 | + | taken by the [executive director of the Office] Commissioner of Health 9059 |
|---|
| 13202 | + | Strategy pursuant to this section or section 19a-755b shall be construed 9060 |
|---|
| 13203 | + | to preempt, supersede or affect the authority of the Insurance 9061 |
|---|
| 13204 | + | Commissioner to regulate the business of insurance in the state. 9062 |
|---|
| 13205 | + | Sec. 237. Section 19a-755b of the general statutes is repealed and the 9063 |
|---|
| 13206 | + | following is substituted in lieu thereof (Effective from passage): 9064 |
|---|
| 13207 | + | (a) For purposes of this section and sections 19a-904a, 19a-904b and 9065 |
|---|
| 13208 | + | 38a-477d to 38a-477f, inclusive: 9066 |
|---|
| 13209 | + | (1) "Allowed amount" means the maximum reimbursement dollar 9067 |
|---|
| 13210 | + | amount that an insured's health insurance policy allows for a specific 9068 |
|---|
| 13211 | + | procedure or service; 9069 |
|---|
| 13212 | + | Bill No. |
|---|
| 13213 | + | |
|---|
| 13214 | + | |
|---|
| 13215 | + | |
|---|
| 13216 | + | LCO No. 5697 329 of 350 |
|---|
| 13217 | + | |
|---|
| 13218 | + | (2) "Consumer health information Internet web site" means an 9070 |
|---|
| 13219 | + | Internet web site developed and operated by the Office of Health 9071 |
|---|
| 13220 | + | Strategy to assist consumers in making informed decisions concerning 9072 |
|---|
| 13221 | + | their health care and informed choices among health care providers; 9073 |
|---|
| 13222 | + | (3) "Episode of care" means all health care services related to the 9074 |
|---|
| 13223 | + | treatment of a condition or a service category for such treatment and, 9075 |
|---|
| 13224 | + | for acute conditions, includes health care services and treatment 9076 |
|---|
| 13225 | + | provided from the onset of the condition to its resolution or a service 9077 |
|---|
| 13226 | + | category for such treatment and, for chronic conditions, includes health 9078 |
|---|
| 13227 | + | care services and treatment provided over a given period of time or a 9079 |
|---|
| 13228 | + | service category for such treatment; 9080 |
|---|
| 13229 | + | (4) ["Executive director"] "Commissioner" means the [executive 9081 |
|---|
| 13230 | + | director of the Office] Commissioner of Health Strategy; 9082 |
|---|
| 13231 | + | (5) "Health care provider" means any individual, corporation, facility 9083 |
|---|
| 13232 | + | or institution licensed by this state to provide health care services; 9084 |
|---|
| 13233 | + | (6) "Health carrier" means any insurer, health care center, hospital 9085 |
|---|
| 13234 | + | service corporation, medical service corporation, fraternal benefit 9086 |
|---|
| 13235 | + | society or other entity delivering, issuing for delivery, renewing, 9087 |
|---|
| 13236 | + | amending or continuing any individual or group health insurance 9088 |
|---|
| 13237 | + | policy in this state providing coverage of the type specified in 9089 |
|---|
| 13238 | + | subdivisions (1), (2), (4), (11) and (12) of section 38a-469; 9090 |
|---|
| 13239 | + | (7) "Hospital" has the same meaning as provided in section 19a-490; 9091 |
|---|
| 13240 | + | (8) "Out-of-pocket costs" means costs that are not reimbursed by a 9092 |
|---|
| 13241 | + | health insurance policy and includes deductibles, coinsurance and 9093 |
|---|
| 13242 | + | copayments for covered services and other costs to the consumer 9094 |
|---|
| 13243 | + | associated with a procedure or service; 9095 |
|---|
| 13244 | + | (9) "Outpatient surgical facility" has the same meaning as provided 9096 |
|---|
| 13245 | + | in section 19a-493b; and 9097 |
|---|
| 13246 | + | (10) "Public or private third party" means the state, the federal 9098 |
|---|
| 13247 | + | Bill No. |
|---|
| 13248 | + | |
|---|
| 13249 | + | |
|---|
| 13250 | + | |
|---|
| 13251 | + | LCO No. 5697 330 of 350 |
|---|
| 13252 | + | |
|---|
| 13253 | + | government, employers, a health carrier, third-party administrator, as 9099 |
|---|
| 13254 | + | defined in section 38a-720, or managed care organization. 9100 |
|---|
| 13255 | + | (b) (1) Within available resources, the consumer health information 9101 |
|---|
| 13256 | + | Internet web site shall: (A) Contain information comparing the quality, 9102 |
|---|
| 13257 | + | price and cost of health care services, including, to the extent practicable, 9103 |
|---|
| 13258 | + | (i) comparative price and cost information for the health care services 9104 |
|---|
| 13259 | + | and procedures reported pursuant to subsection (c) of this section 9105 |
|---|
| 13260 | + | categorized by payer or listed by health care provider, (ii) links to 9106 |
|---|
| 13261 | + | Internet web sites and consumer tools where consumers may obtain 9107 |
|---|
| 13262 | + | comparative cost and quality information, including The Joint 9108 |
|---|
| 13263 | + | Commission and Medicare hospital compare tool, (iii) definitions of 9109 |
|---|
| 13264 | + | common health insurance and medical terms so consumers may 9110 |
|---|
| 13265 | + | compare health coverage and understand the terms of their coverage, 9111 |
|---|
| 13266 | + | and (iv) factors consumers should consider when choosing an insurance 9112 |
|---|
| 13267 | + | product or provider group, including provider network, premium, cost 9113 |
|---|
| 13268 | + | sharing, covered services and tier information; (B) be designed to assist 9114 |
|---|
| 13269 | + | consumers and institutional purchasers in making informed decisions 9115 |
|---|
| 13270 | + | regarding their health care and informed choices among health care 9116 |
|---|
| 13271 | + | providers and, to the extent practicable, provide reference pricing for 9117 |
|---|
| 13272 | + | services paid by various health carriers to health care providers; (C) 9118 |
|---|
| 13273 | + | present information in language and a format that is understandable to 9119 |
|---|
| 13274 | + | the average consumer; and (D) be publicized to the general public. All 9120 |
|---|
| 13275 | + | information outlined in this section shall be posted on an Internet web 9121 |
|---|
| 13276 | + | site established, or to be established, by the [executive director of the 9122 |
|---|
| 13277 | + | Office] Commissioner of Health Strategy in a manner and time frame as 9123 |
|---|
| 13278 | + | may be organizationally and financially reasonable in his or her sole 9124 |
|---|
| 13279 | + | discretion. 9125 |
|---|
| 13280 | + | (2) Information collected, stored and published by the Office of 9126 |
|---|
| 13281 | + | Health Strategy pursuant to this section is subject to the federal Health 9127 |
|---|
| 13282 | + | Insurance Portability and Accountability Act of 1996, P.L. 104-191, as 9128 |
|---|
| 13283 | + | amended from time to time. 9129 |
|---|
| 13284 | + | (3) The [executive director of the Office] Commissioner of Health 9130 |
|---|
| 13285 | + | Bill No. |
|---|
| 13286 | + | |
|---|
| 13287 | + | |
|---|
| 13288 | + | |
|---|
| 13289 | + | LCO No. 5697 331 of 350 |
|---|
| 13290 | + | |
|---|
| 13291 | + | Strategy may consider adding quality measures to the consumer health 9131 |
|---|
| 13292 | + | information Internet web site. 9132 |
|---|
| 13293 | + | (c) Not later than January 1, 2018, and annually thereafter, the 9133 |
|---|
| 13294 | + | [executive director of the Office] Commissioner of Health Strategy shall, 9134 |
|---|
| 13295 | + | to the extent the information is available, make available to the public 9135 |
|---|
| 13296 | + | on the consumer health information Internet web site a list of: (1) The 9136 |
|---|
| 13297 | + | fifty most frequently occurring inpatient services or procedures in the 9137 |
|---|
| 13298 | + | state; (2) the fifty most frequently provided outpatient services or 9138 |
|---|
| 13299 | + | procedures in the state; (3) the twenty-five most frequent surgical 9139 |
|---|
| 13300 | + | services or procedures in the state; (4) the twenty-five most frequent 9140 |
|---|
| 13301 | + | imaging services or procedures in the state; and (5) the twenty-five most 9141 |
|---|
| 13302 | + | frequently used pharmaceutical products and medical devices in the 9142 |
|---|
| 13303 | + | state. Such lists may (A) be expanded to include additional admissions 9143 |
|---|
| 13304 | + | and procedures, (B) be based upon those services and procedures that 9144 |
|---|
| 13305 | + | are most commonly performed by volume or that represent the greatest 9145 |
|---|
| 13306 | + | percentage of related health care expenditures, or (C) be designed to 9146 |
|---|
| 13307 | + | include those services and procedures most likely to result in out-of-9147 |
|---|
| 13308 | + | pocket costs to consumers or include bundled episodes of care. 9148 |
|---|
| 13309 | + | (d) Not later than January 1, 2018, and annually thereafter, to the 9149 |
|---|
| 13310 | + | extent practicable, the [executive director of the Office] Commissioner 9150 |
|---|
| 13311 | + | of Health Strategy shall issue a report, in a form and manner [to be 9151 |
|---|
| 13312 | + | decided] prescribed by the [executive director] commissioner, that 9152 |
|---|
| 13313 | + | includes the (1) billed and allowed amounts paid to health care 9153 |
|---|
| 13314 | + | providers in each health carrier's network for each service and 9154 |
|---|
| 13315 | + | procedure included pursuant to subsection (c) of this section, and (2) 9155 |
|---|
| 13316 | + | out-of-pocket costs for each such service and procedure. 9156 |
|---|
| 13317 | + | (e) (1) On and after January 1, 2018, each hospital shall, at the time of 9157 |
|---|
| 13318 | + | scheduling a service or procedure for nonemergency care that is 9158 |
|---|
| 13319 | + | included in the report prepared by the [executive director of the Office] 9159 |
|---|
| 13320 | + | Commissioner of Health Strategy pursuant to subsection (d) of this 9160 |
|---|
| 13321 | + | section, regardless of the location or setting where such services are 9161 |
|---|
| 13322 | + | delivered, notify the patient of the patient's right to make a request for 9162 |
|---|
| 13323 | + | Bill No. |
|---|
| 13324 | + | |
|---|
| 13325 | + | |
|---|
| 13326 | + | |
|---|
| 13327 | + | LCO No. 5697 332 of 350 |
|---|
| 13328 | + | |
|---|
| 13329 | + | cost and quality information. Upon the request of a patient for a 9163 |
|---|
| 13330 | + | diagnosis or procedure included in such report, the hospital shall, not 9164 |
|---|
| 13331 | + | later than three business days after scheduling such service or 9165 |
|---|
| 13332 | + | procedure, provide written notice, electronically or by mail, to the 9166 |
|---|
| 13333 | + | patient who is the subject of the service or procedure concerning: (A) If 9167 |
|---|
| 13334 | + | the patient is uninsured, the amount to be charged for the service or 9168 |
|---|
| 13335 | + | procedure if all charges are paid in full without a public or private third 9169 |
|---|
| 13336 | + | party paying any portion of the charges, including the amount of any 9170 |
|---|
| 13337 | + | facility fee, or, if the hospital is not able to provide a specific amount due 9171 |
|---|
| 13338 | + | to an inability to predict the specific treatment or diagnostic code, the 9172 |
|---|
| 13339 | + | estimated maximum allowed amount or charge for the service or 9173 |
|---|
| 13340 | + | procedure, including the amount of any facility fee; (B) the 9174 |
|---|
| 13341 | + | corresponding Medicare reimbursement amount or, if there is no 9175 |
|---|
| 13342 | + | corresponding Medicare reimbursement amount for such diagnosis or 9176 |
|---|
| 13343 | + | procedure, (i) the approximate amount Medicare would have paid the 9177 |
|---|
| 13344 | + | hospital for the services on the billing statement, or (ii) the percentage 9178 |
|---|
| 13345 | + | of the hospital's charges that Medicare would have paid the hospital for 9179 |
|---|
| 13346 | + | the services; (C) if the patient is insured, the allowed amount, the toll-9180 |
|---|
| 13347 | + | free telephone number and the Internet web site address of the patient's 9181 |
|---|
| 13348 | + | health carrier where the patient can obtain information concerning 9182 |
|---|
| 13349 | + | charges and out-of-pocket costs; (D) The Joint Commission's composite 9183 |
|---|
| 13350 | + | accountability rating and the Medicare hospital compare star rating for 9184 |
|---|
| 13351 | + | the hospital, as applicable; and (E) the Internet web site addresses for 9185 |
|---|
| 13352 | + | The Joint Commission and the Medicare hospital compare tool where 9186 |
|---|
| 13353 | + | the patient may obtain information concerning the hospital. 9187 |
|---|
| 13354 | + | (2) If the patient is insured and the hospital is out-of-network under 9188 |
|---|
| 13355 | + | the patient's health insurance policy, such written notice shall include a 9189 |
|---|
| 13356 | + | statement that the service or procedure will likely be deemed out-of-9190 |
|---|
| 13357 | + | network and that any out-of-network applicable rates under such policy 9191 |
|---|
| 13358 | + | may apply. 9192 |
|---|
| 13359 | + | Sec. 238. Subsection (b) of section 19a-911 of the general statutes is 9193 |
|---|
| 13360 | + | repealed and the following is substituted in lieu thereof (Effective from 9194 |
|---|
| 13361 | + | passage): 9195 |
|---|
| 13362 | + | Bill No. |
|---|
| 13363 | + | |
|---|
| 13364 | + | |
|---|
| 13365 | + | |
|---|
| 13366 | + | LCO No. 5697 333 of 350 |
|---|
| 13367 | + | |
|---|
| 13368 | + | (b) The Council on Protecting Women's Health shall be comprised of 9196 |
|---|
| 13369 | + | (1) the following ex-officio voting members: (A) The Commissioner of 9197 |
|---|
| 13370 | + | Public Health, or the commissioner's designee; (B) the Commissioner of 9198 |
|---|
| 13371 | + | Mental Health and Addiction Services, or the commissioner's designee; 9199 |
|---|
| 13372 | + | (C) the Insurance Commissioner, or the commissioner's designee; (D) 9200 |
|---|
| 13373 | + | the [executive director of Office] Commissioner of Health Strategy, or 9201 |
|---|
| 13374 | + | the [executive director's] commissioner's designee; (E) the Healthcare 9202 |
|---|
| 13375 | + | Advocate, or the Healthcare Advocate's designee; and (F) the Secretary 9203 |
|---|
| 13376 | + | of the Office of Policy and Management, or the secretary's designee; and 9204 |
|---|
| 13377 | + | (2) fourteen public members, three of whom shall be appointed by the 9205 |
|---|
| 13378 | + | president pro tempore of the Senate, three of whom shall be appointed 9206 |
|---|
| 13379 | + | by the speaker of the House of Representatives, two of whom shall be 9207 |
|---|
| 13380 | + | appointed by the majority leader of the Senate, two of whom shall be 9208 |
|---|
| 13381 | + | appointed by the majority leader of the House of Representatives, two 9209 |
|---|
| 13382 | + | of whom shall be appointed by the minority leader of the Senate and 9210 |
|---|
| 13383 | + | two of whom shall be appointed by the minority leader of the House of 9211 |
|---|
| 13384 | + | Representatives, and all of whom shall be knowledgeable on issues 9212 |
|---|
| 13385 | + | relative to women's health care in the state. The membership of the 9213 |
|---|
| 13386 | + | council shall fairly and adequately represent women who have had 9214 |
|---|
| 13387 | + | issues accessing quality health care in the state. 9215 |
|---|
| 13388 | + | Sec. 239. Subsections (b) and (c) of section 20-195sss of the general 9216 |
|---|
| 13389 | + | statutes are repealed and the following is substituted in lieu thereof 9217 |
|---|
| 13390 | + | (Effective from passage): 9218 |
|---|
| 13391 | + | (b) The [executive director of the Office] Commissioner of Health 9219 |
|---|
| 13392 | + | Strategy [, established under section 19a-754a,] shall, within available 9220 |
|---|
| 13393 | + | resources and in consultation with the Community Health Worker 9221 |
|---|
| 13394 | + | Advisory Committee established by said office and the Commissioner 9222 |
|---|
| 13395 | + | of Public Health, study the feasibility of creating a certification program 9223 |
|---|
| 13396 | + | for community health workers. Such study shall examine the fiscal 9224 |
|---|
| 13397 | + | impact of implementing such a certification program and include 9225 |
|---|
| 13398 | + | recommendations for (1) requirements for certification and renewal of 9226 |
|---|
| 13399 | + | certification of community health workers, including any training, 9227 |
|---|
| 13400 | + | experience or continuing education requirements, (2) methods for 9228 |
|---|
| 13401 | + | Bill No. |
|---|
| 13402 | + | |
|---|
| 13403 | + | |
|---|
| 13404 | + | |
|---|
| 13405 | + | LCO No. 5697 334 of 350 |
|---|
| 13406 | + | |
|---|
| 13407 | + | administering a certification program, including a certification 9229 |
|---|
| 13408 | + | application, a standardized assessment of experience, knowledge and 9230 |
|---|
| 13409 | + | skills, and an electronic registry, and (3) requirements for recognizing 9231 |
|---|
| 13410 | + | training program curricula that are sufficient to satisfy the requirements 9232 |
|---|
| 13411 | + | of certification. 9233 |
|---|
| 13412 | + | (c) Not later than October 1, 2018, the [executive director of the Office] 9234 |
|---|
| 13413 | + | Commissioner of Health Strategy shall report, in accordance with the 9235 |
|---|
| 13414 | + | provisions of section 11-4a, on the results of such study and 9236 |
|---|
| 13415 | + | recommendations to the joint standing committees of the General 9237 |
|---|
| 13416 | + | Assembly having cognizance of matters relating to public health and 9238 |
|---|
| 13417 | + | human services. 9239 |
|---|
| 13418 | + | Sec. 240. Subsection (c) of section 20-195ttt of the general statutes is 9240 |
|---|
| 13419 | + | repealed and the following is substituted in lieu thereof (Effective from 9241 |
|---|
| 13420 | + | passage): 9242 |
|---|
| 13421 | + | (c) The [executive director of the Office] Commissioner of Health 9243 |
|---|
| 13422 | + | Strategy, or the [executive director's] commissioner's designee, shall act 9244 |
|---|
| 13423 | + | as the chair of the Community Health Worker Advisory Body and shall 9245 |
|---|
| 13424 | + | appoint the following members to said body: 9246 |
|---|
| 13425 | + | (1) Six members who are actively practicing as community health 9247 |
|---|
| 13426 | + | workers in the state; 9248 |
|---|
| 13427 | + | (2) A member of the Community Health Workers Association of 9249 |
|---|
| 13428 | + | Connecticut; 9250 |
|---|
| 13429 | + | (3) A representative of a community-based community health worker 9251 |
|---|
| 13430 | + | training organization; 9252 |
|---|
| 13431 | + | (4) A representative of a regional community-technical college; 9253 |
|---|
| 13432 | + | (5) An employer of community health workers; 9254 |
|---|
| 13433 | + | (6) A representative of a health care organization that employs 9255 |
|---|
| 13434 | + | community health workers; 9256 |
|---|
| 13435 | + | Bill No. |
|---|
| 13436 | + | |
|---|
| 13437 | + | |
|---|
| 13438 | + | |
|---|
| 13439 | + | LCO No. 5697 335 of 350 |
|---|
| 13440 | + | |
|---|
| 13441 | + | (7) A health care provider who works directly with community health 9257 |
|---|
| 13442 | + | workers; and 9258 |
|---|
| 13443 | + | (8) The Commissioner of Public Health, or the commissioner's 9259 |
|---|
| 13444 | + | designee. 9260 |
|---|
| 13445 | + | Sec. 241. Subsection (a) of section 38a-477e of the general statutes is 9261 |
|---|
| 13446 | + | repealed and the following is substituted in lieu thereof (Effective from 9262 |
|---|
| 13447 | + | passage): 9263 |
|---|
| 13448 | + | (a) On and after January 1, 2017, each health carrier, as defined in 9264 |
|---|
| 13449 | + | section 19a-755b, shall maintain an Internet web site and toll-free 9265 |
|---|
| 13450 | + | telephone number that enables consumers to request and obtain: (1) 9266 |
|---|
| 13451 | + | Information on in-network costs for inpatient admissions, health care 9267 |
|---|
| 13452 | + | procedures and services, including (A) the allowed amount for, at a 9268 |
|---|
| 13453 | + | minimum, admissions and procedures reported to the [executive 9269 |
|---|
| 13454 | + | director of the Office] Commissioner of Health Strategy pursuant to 9270 |
|---|
| 13455 | + | section 19a-755b for each health care provider in the state; (B) the 9271 |
|---|
| 13456 | + | estimated out-of-pocket costs that a consumer would be responsible for 9272 |
|---|
| 13457 | + | paying for any such admission or procedure that is medically necessary, 9273 |
|---|
| 13458 | + | including any facility fee, coinsurance, copayment, deductible or other 9274 |
|---|
| 13459 | + | out-of-pocket expense; and (C) data or other information concerning (i) 9275 |
|---|
| 13460 | + | quality measures for the health care provider, (ii) patient satisfaction, to 9276 |
|---|
| 13461 | + | the extent such information is available, (iii) a directory of participating 9277 |
|---|
| 13462 | + | providers, as defined in section 38a-472f, in accordance with the 9278 |
|---|
| 13463 | + | provisions of section 38a-477h; and (2) information on out-of-network 9279 |
|---|
| 13464 | + | costs for inpatient admissions, health care procedures and services. 9280 |
|---|
| 13465 | + | Sec. 242. Subparagraph (B) of subdivision (1) of subsection (c) of 9281 |
|---|
| 13466 | + | section 38a-477ee of the general statutes is repealed and the following is 9282 |
|---|
| 13467 | + | substituted in lieu thereof (Effective from passage): 9283 |
|---|
| 13468 | + | (B) The Attorney General, Healthcare Advocate and [executive 9284 |
|---|
| 13469 | + | director of the Office] Commissioner of Health Strategy. 9285 |
|---|
| 13470 | + | Sec. 243. (Effective from passage) The following sums are appropriated 9286 |
|---|
| 13471 | + | Bill No. |
|---|
| 13472 | + | |
|---|
| 13473 | + | |
|---|
| 13474 | + | |
|---|
| 13475 | + | LCO No. 5697 336 of 350 |
|---|
| 13476 | + | |
|---|
| 13477 | + | from the GENERAL FUND for the purposes herein specified for the 9287 |
|---|
| 13478 | + | fiscal year ending June 30, 2024: 9288 |
|---|
| 13479 | + | |
|---|
| 13480 | + | T924 GENERAL FUND 2023-2024 |
|---|
| 13481 | + | T925 |
|---|
| 13482 | + | |
|---|
| 13483 | + | T926 DEPARTMENT OF ADMINISTRATIVE SERVICES |
|---|
| 13484 | + | |
|---|
| 13485 | + | T927 Personal Services 3,300,000 |
|---|
| 13486 | + | T928 State Insurance and Risk Mgmt Operations 4,100,000 |
|---|
| 13487 | + | T929 |
|---|
| 13488 | + | |
|---|
| 13489 | + | T930 DEPARTMENT OF LABOR |
|---|
| 13490 | + | |
|---|
| 13491 | + | T931 Other Expenses 800,000 |
|---|
| 13492 | + | T932 |
|---|
| 13493 | + | |
|---|
| 13494 | + | T933 DEPARTMENT OF HOUSING |
|---|
| 13495 | + | |
|---|
| 13496 | + | T934 Housing/Homeless Services 3,000,000 |
|---|
| 13497 | + | T935 |
|---|
| 13498 | + | |
|---|
| 13499 | + | T936 DEPARTMENT OF DEVELOPMENTAL SERVICES |
|---|
| 13500 | + | |
|---|
| 13501 | + | T937 Other Expenses 1,200,000 |
|---|
| 13502 | + | T938 |
|---|
| 13503 | + | |
|---|
| 13504 | + | T939 DEPARTMENT OF MENTAL HEALTH AND |
|---|
| 13505 | + | ADDICTION SERVICES |
|---|
| 13506 | + | |
|---|
| 13507 | + | T940 Professional Services 5,200,000 |
|---|
| 13508 | + | T941 Behavioral Health Medications 500,000 |
|---|
| 13509 | + | T942 |
|---|
| 13510 | + | |
|---|
| 13511 | + | T943 DEPARTMENT OF SOCIAL SERVICES |
|---|
| 13512 | + | |
|---|
| 13513 | + | T944 Medicaid 165,000,000 |
|---|
| 13514 | + | T945 Old Age Assistance 500,000 |
|---|
| 13515 | + | T946 Aid To The Blind 19,000 |
|---|
| 13516 | + | T947 Aid To The Disabled 4,400,000 |
|---|
| 13517 | + | T948 State Administered General Assistance 3,300,000 |
|---|
| 13518 | + | T949 |
|---|
| 13519 | + | |
|---|
| 13520 | + | T950 TECHNICAL EDUCATION AND CAREER SYSTEM |
|---|
| 13521 | + | |
|---|
| 13522 | + | T951 Personal Services 2,410,000 |
|---|
| 13523 | + | T952 Other Expenses 1,510,000 |
|---|
| 13524 | + | T953 |
|---|
| 13525 | + | |
|---|
| 13526 | + | T954 OFFICE OF EARLY CHILDHOOD |
|---|
| 13527 | + | |
|---|
| 13528 | + | T955 Birth to Three 607,000 |
|---|
| 13529 | + | T956 |
|---|
| 13530 | + | |
|---|
| 13531 | + | Bill No. |
|---|
| 13532 | + | |
|---|
| 13533 | + | |
|---|
| 13534 | + | |
|---|
| 13535 | + | LCO No. 5697 337 of 350 |
|---|
| 13536 | + | |
|---|
| 13537 | + | T957 OFFICE OF HIGHER EDUCATION |
|---|
| 13538 | + | |
|---|
| 13539 | + | T958 National Service Act 185,253 |
|---|
| 13540 | + | T959 |
|---|
| 13541 | + | |
|---|
| 13542 | + | T960 TEACHERS' RETIREMENT BOARD |
|---|
| 13543 | + | |
|---|
| 13544 | + | T961 Retirees Health Service Cost 550,000 |
|---|
| 13545 | + | T962 |
|---|
| 13546 | + | |
|---|
| 13547 | + | T963 DEPARTMENT OF CORRECTION |
|---|
| 13548 | + | |
|---|
| 13549 | + | T964 Personal Services 33,500,000 |
|---|
| 13550 | + | T965 |
|---|
| 13551 | + | |
|---|
| 13552 | + | T966 DEPARTMENT OF CHILDREN AND FAMILIES |
|---|
| 13553 | + | |
|---|
| 13554 | + | T967 Other Expenses 990,000 |
|---|
| 13555 | + | T968 |
|---|
| 13556 | + | |
|---|
| 13557 | + | T969 JUDICIAL DEPARTMENT |
|---|
| 13558 | + | |
|---|
| 13559 | + | T970 Personal Services 350,000 |
|---|
| 13560 | + | T971 Other Expenses 2,700,000 |
|---|
| 13561 | + | T972 |
|---|
| 13562 | + | |
|---|
| 13563 | + | T973 PUBLIC DEFENDER SERVICES COMMISSION |
|---|
| 13564 | + | |
|---|
| 13565 | + | T974 Personal Services 1,030,000 |
|---|
| 13566 | + | T975 |
|---|
| 13567 | + | |
|---|
| 13568 | + | T976 STATE COMPTROLLER - FRINGE BENEFITS |
|---|
| 13569 | + | |
|---|
| 13570 | + | T977 Higher Education Alternative Retirement System 70,000,000 |
|---|
| 13571 | + | T978 Pensions and Retirements - Other Statutory 105,536 |
|---|
| 13572 | + | T979 Employers Social Security Tax 3,000,000 |
|---|
| 13573 | + | T980 Other Post Employment Benefits 19,000,000 |
|---|
| 13574 | + | T981 |
|---|
| 13575 | + | |
|---|
| 13576 | + | T982 WORKERS' COMPENSATION CLAIMS - |
|---|