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3 | 3 | | LCO No. 2153 1 of 13 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 311 |
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6 | 6 | | February Session, 2024 |
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7 | 7 | | LCO No. 2153 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on HUMAN SERVICES |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (HS) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING THE CONNECTICUT HOME -CARE PROGRAM |
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20 | 20 | | FOR THE ELDERLY. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Section 17b-342 of the general statutes is repealed and the 1 |
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25 | 25 | | following is substituted in lieu thereof (Effective July 1, 2024): 2 |
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26 | 26 | | (a) The Commissioner of Social Services shall administer the 3 |
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27 | 27 | | Connecticut home-care program for the elderly state-wide in order to 4 |
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28 | 28 | | prevent the institutionalization of elderly persons who (1) [who] are 5 |
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29 | 29 | | recipients of medical assistance, (2) [who] are eligible for such 6 |
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30 | 30 | | assistance, (3) [who] would be eligible for medical assistance if residing 7 |
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31 | 31 | | in a nursing facility, or (4) [who] meet the criteria for the state-funded 8 |
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32 | 32 | | portion of the program under subsection [(i)] (j) of this section. For 9 |
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33 | 33 | | purposes of this section, [a long-term care facility is] "long-term care 10 |
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34 | 34 | | facility" means a facility that has been federally certified as a skilled 11 |
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35 | 35 | | nursing facility or intermediate care facility. The commissioner shall 12 |
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36 | 36 | | make any revisions in the state Medicaid plan required by Title XIX of 13 |
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37 | 37 | | the Social Security Act prior to implementing the program. The program 14 |
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38 | 38 | | shall be structured so that the net cost to the state for long-term facility 15 Raised Bill No. 311 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 2153 2 of 13 |
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43 | 43 | | |
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44 | 44 | | care in combination with the services under the program shall not 16 |
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45 | 45 | | exceed the net cost the state would have incurred without the program. 17 |
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46 | 46 | | The commissioner shall investigate the possibility of receiving federal 18 |
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47 | 47 | | funds for the program and shall apply for any necessary federal 19 |
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48 | 48 | | waivers. A recipient of services under the program, and the estate and 20 |
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49 | 49 | | legally liable relatives of the recipient, shall be responsible for 21 |
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50 | 50 | | reimbursement to the state for such services to the same extent required 22 |
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51 | 51 | | of a recipient of assistance under the state supplement program, medical 23 |
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52 | 52 | | assistance program, temporary family assistance program or 24 |
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53 | 53 | | supplemental nutrition assistance program. Only a United States citizen 25 |
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54 | 54 | | or a noncitizen who meets the citizenship requirements for eligibility 26 |
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55 | 55 | | under the Medicaid program shall be eligible for home-care services 27 |
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56 | 56 | | under this section, except a qualified alien, as defined in Section 431 of 28 |
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57 | 57 | | Public Law 104-193, admitted into the United States on or after August 29 |
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58 | 58 | | 22, 1996, or other lawfully residing immigrant alien determined eligible 30 |
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59 | 59 | | for services under this section prior to July 1, 1997, shall remain eligible 31 |
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60 | 60 | | for such services. Qualified aliens or other lawfully residing immigrant 32 |
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61 | 61 | | aliens not determined eligible prior to July 1, 1997, shall be eligible for 33 |
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62 | 62 | | services under this section subsequent to six months from establishing 34 |
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63 | 63 | | residency. Notwithstanding the provisions of this subsection, any 35 |
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64 | 64 | | qualified alien or other lawfully residing immigrant alien or alien who 36 |
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65 | 65 | | formerly held the status of permanently residing under color of law who 37 |
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66 | 66 | | is a victim of domestic violence or who has intellectual disability shall 38 |
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67 | 67 | | be eligible for assistance pursuant to this section. Qualified aliens, as 39 |
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68 | 68 | | defined in Section 431 of Public Law 104-193, or other lawfully residing 40 |
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69 | 69 | | immigrant aliens or aliens who formerly held the status of permanently 41 |
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70 | 70 | | residing under color of law shall be eligible for services under this 42 |
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71 | 71 | | section provided other conditions of eligibility are met. 43 |
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72 | 72 | | (b) The commissioner shall solicit bids through a competitive process 44 |
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73 | 73 | | and shall contract with an access agency, approved by the Office of 45 |
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74 | 74 | | Policy and Management and the Department of Social Services as 46 |
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75 | 75 | | meeting the requirements for such agency as defined by regulations 47 |
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76 | 76 | | adopted pursuant to subsection [(e)] (n) of this section, that submits 48 |
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77 | 77 | | proposals [which] that meet or exceed the minimum bid requirements. 49 Raised Bill No. 311 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LCO No. 2153 3 of 13 |
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82 | 82 | | |
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83 | 83 | | In addition to such contracts, the commissioner may use department 50 |
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84 | 84 | | staff to provide screening, coordination, assessment and monitoring 51 |
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85 | 85 | | functions for the program. 52 |
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86 | 86 | | (c) The community-based services covered under the program shall 53 |
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87 | 87 | | include, but not be limited to, [the following services to the extent that 54 |
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88 | 88 | | they are not] services not otherwise available under the state Medicaid 55 |
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89 | 89 | | plan: [, occupational] (1) Occupational therapy, (2) homemaker services, 56 |
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90 | 90 | | (3) companion services, (4) meals on wheels, (5) adult day care, (6) 57 |
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91 | 91 | | transportation, (7) mental health counseling, (8) care management, 58 |
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92 | 92 | | [elderly foster care,] (9) adult family living, (10) minor home 59 |
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93 | 93 | | modifications, and (11) assisted living services provided in state-funded 60 |
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94 | 94 | | congregate housing and in other assisted living pilot or demonstration 61 |
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95 | 95 | | projects established under state law. Personal care assistance services 62 |
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96 | 96 | | shall be covered under the program to the extent that [(1)] (A) such 63 |
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97 | 97 | | services are not available under the Medicaid state plan and are more 64 |
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98 | 98 | | cost effective on an individual client basis than existing services covered 65 |
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99 | 99 | | under such plan, and [(2)] (B) the provision of such services is approved 66 |
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100 | 100 | | by the federal government. A family caregiver, including, but not 67 |
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101 | 101 | | limited to, a spouse, may be compensated for personal care assistance 68 |
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102 | 102 | | provided to an individual in the program to the extent such 69 |
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103 | 103 | | compensation is permissible under federal law, provided such caregiver 70 |
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104 | 104 | | meets training and documentation requirements prescribed by the 71 |
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105 | 105 | | Commissioner of Social Services. Recipients of state-funded services, 72 |
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106 | 106 | | pursuant to subsection (j) of this section, and persons who are 73 |
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107 | 107 | | determined to be functionally eligible for community-based services 74 |
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108 | 108 | | who have an application for medical assistance pending, or are 75 |
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109 | 109 | | determined to be presumptively eligible for Medicaid pursuant to 76 |
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110 | 110 | | subsection (e) of this section, shall have the cost of home health and 77 |
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111 | 111 | | community-based services covered by the program, provided they 78 |
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112 | 112 | | comply with all medical assistance application requirements. Access 79 |
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113 | 113 | | agencies shall not use department funds to purchase community-based 80 |
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114 | 114 | | services or home health services from themselves or any related parties. 81 |
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115 | 115 | | (d) Physicians, hospitals, long-term care facilities and other licensed 82 |
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116 | 116 | | health care facilities may disclose, and, as a condition of eligibility for 83 Raised Bill No. 311 |
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117 | 117 | | |
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118 | 118 | | |
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119 | 119 | | |
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120 | 120 | | LCO No. 2153 4 of 13 |
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121 | 121 | | |
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122 | 122 | | the program, elderly persons, their guardians, and relatives shall 84 |
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123 | 123 | | disclose, upon request from the Department of Social Services, such 85 |
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124 | 124 | | financial, social and medical information as may be necessary to enable 86 |
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125 | 125 | | the department or any agency administering the program on behalf of 87 |
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126 | 126 | | the department to provide services under the program. Long-term care 88 |
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127 | 127 | | facilities shall supply the Department of Social Services with the names 89 |
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128 | 128 | | and addresses of all applicants for admission. Any information 90 |
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129 | 129 | | provided pursuant to this subsection shall be confidential and shall not 91 |
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130 | 130 | | be disclosed by the department or administering agency. 92 |
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131 | 131 | | [(e) The commissioner shall adopt regulations, in accordance with the 93 |
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132 | 132 | | provisions of chapter 54, to define "access agency", to implement and 94 |
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133 | 133 | | administer the program, to establish uniform state-wide standards for 95 |
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134 | 134 | | the program and a uniform assessment tool for use in the screening 96 |
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135 | 135 | | process and to specify conditions of eligibility.] 97 |
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136 | 136 | | (e) Not later than October 1, 2024, the Commissioner of Social 98 |
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137 | 137 | | Services shall establish a presumptive Medicaid eligibility system under 99 |
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138 | 138 | | which the state shall fund services under the Connecticut home-care 100 |
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139 | 139 | | program for the elderly for a period of not longer than ninety days for 101 |
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140 | 140 | | applicants who require a skilled level of nursing care and who are 102 |
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141 | 141 | | determined to be presumptively eligible for Medicaid coverage. The 103 |
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142 | 142 | | system shall include, but need not be limited to: (1) The development of 104 |
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143 | 143 | | a preliminary screening tool by the Department of Social Services to be 105 |
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144 | 144 | | used by representatives of the access agency selected pursuant to 106 |
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145 | 145 | | subsection (b) of this section to determine whether an applicant is 107 |
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146 | 146 | | functionally able to live at home or in a community setting and is likely 108 |
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147 | 147 | | to be financially eligible for Medicaid; (2) a requirement that the 109 |
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148 | 148 | | applicant complete a Medicaid application on the date such applicant is 110 |
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149 | 149 | | preliminarily screened for functional eligibility or not later than ten days 111 |
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150 | 150 | | after such screening; (3) a determination of presumptive eligibility for 112 |
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151 | 151 | | an eligible applicant by the department and initiation of home-care 113 |
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152 | 152 | | services not later than ten days after an applicant is successfully 114 |
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153 | 153 | | screened for eligibility; and (4) a written agreement to be signed by the 115 |
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154 | 154 | | applicant attesting to the accuracy of financial and other information 116 |
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155 | 155 | | such applicant provides and acknowledging that the state shall solely 117 Raised Bill No. 311 |
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156 | 156 | | |
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157 | 157 | | |
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158 | 158 | | |
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159 | 159 | | LCO No. 2153 5 of 13 |
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160 | 160 | | |
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161 | 161 | | fund services not longer than ninety days after the date on which home-118 |
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162 | 162 | | care services begin. The department shall make a final determination as 119 |
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163 | 163 | | to Medicaid eligibility for an applicant determined to be presumptively 120 |
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164 | 164 | | eligible for Medicaid coverage not later than forty-five days after the 121 |
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165 | 165 | | date of receipt of a completed Medicaid application from such applicant, 122 |
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166 | 166 | | provided the department may make such determination not later than 123 |
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167 | 167 | | ninety days after receipt of the application if the applicant has 124 |
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168 | 168 | | disabilities. 125 |
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169 | 169 | | (f) The Commissioner of Social Services shall retroactively provide 126 |
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170 | 170 | | Medicaid reimbursement for eligible expenses for a period not to exceed 127 |
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171 | 171 | | ninety days prior to a Medicaid application in accordance with 42 CFR 128 |
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172 | 172 | | 435.915. 129 |
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173 | 173 | | [(f)] (g) The commissioner may require long-term care facilities to 130 |
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174 | 174 | | inform applicants for admission of the Connecticut home-care program 131 |
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175 | 175 | | for the elderly established under this section and to distribute such 132 |
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176 | 176 | | forms as the commissioner prescribes for the program. Such forms shall 133 |
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177 | 177 | | be supplied by and be returnable to the department. 134 |
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178 | 178 | | [(g)] (h) The commissioner shall report annually, by June first, in 135 |
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179 | 179 | | accordance with the provisions of section 11-4a, to the joint standing 136 |
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180 | 180 | | committee of the General Assembly having cognizance of matters 137 |
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181 | 181 | | relating to human services on the Connecticut home-care program for 138 |
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182 | 182 | | the elderly in such detail, depth and scope as said committee requires to 139 |
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183 | 183 | | evaluate the effect of the program on the state and program participants. 140 |
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184 | 184 | | Such report shall include information on (1) the number of persons 141 |
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185 | 185 | | diverted from placement in a long-term care facility as a result of the 142 |
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186 | 186 | | program, (2) the number of persons screened [, (3)] for the program, (3) 143 |
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187 | 187 | | the number of persons determined presumptively eligible for Medicaid, 144 |
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188 | 188 | | (4) savings for the state based on institutional care costs that were 145 |
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189 | 189 | | averted for persons determined to be presumptively eligible for 146 |
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190 | 190 | | Medicaid who later were determined to be eligible for Medicaid, (5) the 147 |
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191 | 191 | | number of persons determined presumptively eligible for Medicaid 148 |
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192 | 192 | | who later were determined not to be eligible for Medicaid and costs to 149 |
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193 | 193 | | the state to provide such persons with home-care services before the 150 Raised Bill No. 311 |
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194 | 194 | | |
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195 | 195 | | |
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196 | 196 | | |
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197 | 197 | | LCO No. 2153 6 of 13 |
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198 | 198 | | |
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199 | 199 | | final Medicaid eligibility determination, (6) the average cost per person 151 |
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200 | 200 | | in the program, [(4)] (7) the administration costs, [(5)] (8) the estimated 152 |
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201 | 201 | | savings to provide home care versus institutional care for all persons in 153 |
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202 | 202 | | the program, and [(6)] (9) a comparison between costs under the 154 |
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203 | 203 | | different contracts for program services. 155 |
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204 | 204 | | [(h)] (i) An individual who is otherwise eligible for services pursuant 156 |
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205 | 205 | | to this section shall, as a condition of participation in the program, apply 157 |
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206 | 206 | | for medical assistance benefits [pursuant to section 17b-260] when 158 |
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207 | 207 | | requested to do so by the department and shall accept such benefits if 159 |
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208 | 208 | | determined eligible. 160 |
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209 | 209 | | [(i)] (j) (1) The Commissioner of Social Services shall, within available 161 |
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210 | 210 | | appropriations, administer a state-funded portion of the Connecticut 162 |
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211 | 211 | | home-care program for the elderly for persons (A) who are sixty-five 163 |
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212 | 212 | | years of age and older and are not eligible for Medicaid; (B) who are 164 |
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213 | 213 | | inappropriately institutionalized or at risk of inappropriate 165 |
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214 | 214 | | institutionalization; (C) whose income is less than or equal to the 166 |
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215 | 215 | | amount allowed [under subdivision (3) of subsection (a) of this section] 167 |
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216 | 216 | | for a person who would be eligible for medical assistance if residing in 168 |
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217 | 217 | | a nursing facility; and (D) whose assets, if single, do not exceed [one 169 |
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218 | 218 | | hundred fifty per cent of the federal minimum community spouse 170 |
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219 | 219 | | protected amount pursuant to 42 USC 1396r-5(f)(2)] fifty-five thousand 171 |
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220 | 220 | | dollars or, if married, the couple's assets do not exceed [two hundred 172 |
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221 | 221 | | per cent of said community spouse protected amount] seventy thousand 173 |
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222 | 222 | | dollars. For program applications received by the Department of Social 174 |
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223 | 223 | | Services for the fiscal years ending June 30, 2016, and June 30, 2017, only 175 |
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224 | 224 | | persons who require the level of care provided in a nursing home shall 176 |
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225 | 225 | | be eligible for the state-funded portion of the program, except for 177 |
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226 | 226 | | persons residing in affordable housing under the assisted living 178 |
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227 | 227 | | demonstration project established pursuant to section 17b-347e who are 179 |
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228 | 228 | | otherwise eligible in accordance with this section. For program 180 |
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229 | 229 | | applications received by the department on and after July 1, 2024, the 181 |
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230 | 230 | | following categories shall also be eligible: (i) Persons at risk of 182 |
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231 | 231 | | hospitalization or nursing facility placement if preventive home-care 183 |
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232 | 232 | | services are not provided and who need assistance with not more than 184 Raised Bill No. 311 |
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233 | 233 | | |
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234 | 234 | | |
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235 | 235 | | |
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236 | 236 | | LCO No. 2153 7 of 13 |
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237 | 237 | | |
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238 | 238 | | two critical needs, and (ii) persons with three or more critical needs who 185 |
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239 | 239 | | would require nursing facility care but are either not actively 186 |
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240 | 240 | | considering it or have resources which would prohibit them from 187 |
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241 | 241 | | qualifying for Medicaid upon admission to a nursing facility. For 188 |
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242 | 242 | | purposes of this subdivision, "critical needs" means activities of daily 189 |
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243 | 243 | | living that are hands-on activities or tasks that are essential for a 190 |
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244 | 244 | | person's health and safety, including, but not limited to, bathing, 191 |
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245 | 245 | | dressing, transferring from a seated position to an upright position or 192 |
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246 | 246 | | from an upright position to a seated position, toileting, feeding, meal 193 |
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247 | 247 | | preparation, administration of medication or ambulation. 194 |
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248 | 248 | | (2) Except for persons residing in affordable housing under the 195 |
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249 | 249 | | assisted living demonstration project established pursuant to section 196 |
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250 | 250 | | 17b-347e, as provided in subdivision (3) of this subsection, any person 197 |
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251 | 251 | | whose income is at or below two hundred per cent of the federal poverty 198 |
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252 | 252 | | level and who is ineligible for Medicaid shall contribute [three] two per 199 |
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253 | 253 | | cent of the cost of his or her care. Any person whose income exceeds two 200 |
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254 | 254 | | hundred per cent of the federal poverty level shall contribute [three] two 201 |
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255 | 255 | | per cent of the cost of his or her care in addition to the amount of applied 202 |
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256 | 256 | | income determined in accordance with the methodology established by 203 |
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257 | 257 | | the Department of Social Services for recipients of medical assistance. 204 |
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258 | 258 | | Any person who does not contribute to the cost of care in accordance 205 |
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259 | 259 | | with this subdivision shall be ineligible to receive services under this 206 |
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260 | 260 | | subsection. Notwithstanding any provision of sections 17b-60 and 17b-207 |
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261 | 261 | | 61, the department shall not be required to provide an administrative 208 |
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262 | 262 | | hearing to a person found ineligible for services under this subsection 209 |
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263 | 263 | | because of a failure to contribute to the cost of care. 210 |
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264 | 264 | | (3) Any person who resides in affordable housing under the assisted 211 |
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265 | 265 | | living demonstration project established pursuant to section 17b-347e 212 |
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266 | 266 | | and whose income is at or below two hundred per cent of the federal 213 |
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267 | 267 | | poverty level, shall not be required to contribute to the cost of care. Any 214 |
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268 | 268 | | person who resides in affordable housing under the assisted living 215 |
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269 | 269 | | demonstration project established pursuant to section 17b-347e and 216 |
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270 | 270 | | whose income exceeds two hundred per cent of the federal poverty 217 |
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271 | 271 | | level, shall contribute to the applied income amount determined in 218 Raised Bill No. 311 |
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272 | 272 | | |
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273 | 273 | | |
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274 | 274 | | |
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275 | 275 | | LCO No. 2153 8 of 13 |
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276 | 276 | | |
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277 | 277 | | accordance with the methodology established by the Department of 219 |
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278 | 278 | | Social Services for recipients of medical assistance. Any person whose 220 |
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279 | 279 | | income exceeds two hundred per cent of the federal poverty level and 221 |
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280 | 280 | | who does not contribute to the cost of care in accordance with this 222 |
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281 | 281 | | subdivision shall be ineligible to receive services under this subsection. 223 |
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282 | 282 | | Notwithstanding any provision of sections 17b-60 and 17b-61, the 224 |
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283 | 283 | | department shall not be required to provide an administrative hearing 225 |
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284 | 284 | | to a person found ineligible for services under this subsection because 226 |
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285 | 285 | | of a failure to contribute to the cost of care. 227 |
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286 | 286 | | (4) The annualized cost of services provided to an individual under 228 |
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287 | 287 | | the state-funded portion of the program shall not exceed fifty per cent 229 |
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288 | 288 | | of the weighted average cost of care in nursing homes in the state, except 230 |
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289 | 289 | | an individual who received services costing in excess of such amount 231 |
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290 | 290 | | under the Department of Social Services in the fiscal year ending June 232 |
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291 | 291 | | 30, 1992, may continue to receive such services, provided the annualized 233 |
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292 | 292 | | cost of such services does not exceed eighty per cent of the weighted 234 |
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293 | 293 | | average cost of such nursing home care. The commissioner may allow 235 |
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294 | 294 | | the cost of services provided to an individual to exceed the maximum 236 |
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295 | 295 | | cost established pursuant to this subdivision in a case of extreme 237 |
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296 | 296 | | hardship, as determined by the commissioner, provided in no case shall 238 |
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297 | 297 | | such cost exceed that of the weighted cost of such nursing home care. 239 |
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298 | 298 | | (5) A family caregiver, including, but not limited to, a spouse, may be 240 |
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299 | 299 | | compensated for personal care assistance provided to an individual in 241 |
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300 | 300 | | the program provided such caregiver meets training and 242 |
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301 | 301 | | documentation requirements prescribed by the Commissioner of Social 243 |
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302 | 302 | | Services. 244 |
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303 | 303 | | [(j)] (k) The Commissioner of Social Services shall collect data on 245 |
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304 | 304 | | services provided under the program, including, but not limited to, the: 246 |
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305 | 305 | | (1) Number of participants before and after copayments are reduced 247 |
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306 | 306 | | pursuant to subsection [(i)] (j) of this section, (2) average hours of care 248 |
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307 | 307 | | provided under the program per participant, and (3) estimated cost 249 |
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308 | 308 | | savings to the state by providing home care to participants who may 250 |
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309 | 309 | | otherwise receive care in a nursing home facility. The commissioner 251 Raised Bill No. 311 |
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310 | 310 | | |
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311 | 311 | | |
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312 | 312 | | |
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313 | 313 | | LCO No. 2153 9 of 13 |
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314 | 314 | | |
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315 | 315 | | shall, in accordance with the provisions of section 11-4a, report on the 252 |
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316 | 316 | | results of the data collection to the joint standing committees of the 253 |
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317 | 317 | | General Assembly having cognizance of matters relating to aging, 254 |
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318 | 318 | | appropriations and the budgets of state agencies and human services 255 |
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319 | 319 | | not later than July 1, 2022. The commissioner may implement revised 256 |
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320 | 320 | | criteria for the operation of the program while in the process of adopting 257 |
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321 | 321 | | such criteria in regulation form, provided the commissioner publishes 258 |
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322 | 322 | | notice of intention to adopt the regulations in accordance with section 259 |
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323 | 323 | | 17b-10. Such criteria shall be valid until the time final regulations are 260 |
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324 | 324 | | effective. 261 |
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325 | 325 | | [(k)] (l) The commissioner shall notify any access agency or area 262 |
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326 | 326 | | agency on aging that administers the program when the department 263 |
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327 | 327 | | sends a redetermination of eligibility form to an individual who is a 264 |
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328 | 328 | | client of such agency. 265 |
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329 | 329 | | [(l)] (m) In determining eligibility for the program described in this 266 |
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330 | 330 | | section, the commissioner shall not consider as income (1) Aid and 267 |
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331 | 331 | | Attendance pension benefits granted to a veteran, as defined in section 268 |
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332 | 332 | | 27-103, or the surviving spouse of such veteran, and (2) any tax refund 269 |
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333 | 333 | | or advance payment with respect to a refundable credit to the same 270 |
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334 | 334 | | extent such refund or advance payment would be disregarded under 26 271 |
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335 | 335 | | USC 6409 in any federal program or state or local program financed in 272 |
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336 | 336 | | whole or in part with federal funds. 273 |
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337 | 337 | | (n) The commissioner shall adopt regulations, in accordance with the 274 |
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338 | 338 | | provisions of chapter 54, to (1) define "access agency", (2) implement and 275 |
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339 | 339 | | administer the Connecticut home-care program for the elderly, (3) 276 |
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340 | 340 | | implement and administer the presumptive Medicaid eligibility system 277 |
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341 | 341 | | described in subsection (e) of this section, (4) establish uniform state-278 |
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342 | 342 | | wide standards for the program and uniform assessment tools for use 279 |
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343 | 343 | | in the screening process for the program and the prescreening for 280 |
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344 | 344 | | presumptive Medicaid eligibility, and (5) specify conditions of 281 |
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345 | 345 | | eligibility. 282 |
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346 | 346 | | Sec. 2. Subsection (a) of section 17b-253 of the general statutes is 283 Raised Bill No. 311 |
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347 | 347 | | |
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348 | 348 | | |
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349 | 349 | | |
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350 | 350 | | LCO No. 2153 10 of 13 |
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351 | 351 | | |
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352 | 352 | | repealed and the following is substituted in lieu thereof (Effective July 1, 284 |
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353 | 353 | | 2024): 285 |
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354 | 354 | | (a) The Department of Social Services shall seek appropriate 286 |
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355 | 355 | | amendments to its Medicaid regulations and state plan to allow 287 |
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356 | 356 | | protection of resources and income pursuant to section 17b-252. Such 288 |
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357 | 357 | | protection shall be provided, to the extent approved by the federal 289 |
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358 | 358 | | Centers for Medicare and Medicaid Services, for any purchaser of a 290 |
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359 | 359 | | precertified long-term care policy and shall last for the life of the 291 |
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360 | 360 | | purchaser. Such protection shall be provided under the Medicaid 292 |
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361 | 361 | | program or its successor program. Any purchaser of a precertified long-293 |
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362 | 362 | | term care policy shall be guaranteed coverage under the Medicaid 294 |
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363 | 363 | | program or its successor program, to the extent the individual meets all 295 |
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364 | 364 | | applicable eligibility requirements for the Medicaid program or its 296 |
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365 | 365 | | successor program. Until such time as eligibility requirements are 297 |
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366 | 366 | | prescribed for Medicaid's successor program, for the purposes of this 298 |
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367 | 367 | | subsection, the applicable eligibility requirements shall be the Medicaid 299 |
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368 | 368 | | program's requirements as of the date its successor program was 300 |
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369 | 369 | | enacted. The Department of Social Services shall count insurance benefit 301 |
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370 | 370 | | payments toward resource exclusion to the extent such payments (1) are 302 |
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371 | 371 | | for services paid for by a precertified long-term care policy; (2) are for 303 |
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372 | 372 | | the lower of the actual charge and the amount paid by the insurance 304 |
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373 | 373 | | company; (3) are for nursing home care, or formal services delivered to 305 |
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374 | 374 | | insureds in the community as part of a care plan approved by an access 306 |
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375 | 375 | | agency approved by the Office of Policy and Management and the 307 |
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376 | 376 | | Department of Social Services as meeting the requirements for such 308 |
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377 | 377 | | agency as defined in regulations adopted pursuant to [subsection (e) of] 309 |
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378 | 378 | | section 17b-342, as amended by this act; and (4) are for services provided 310 |
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379 | 379 | | after the individual meets the coverage requirements for long-term care 311 |
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380 | 380 | | benefits established by the Department of Social Services for this 312 |
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381 | 381 | | program. The Commissioner of Social Services shall adopt regulations, 313 |
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382 | 382 | | in accordance with chapter 54, to implement the provisions of this 314 |
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383 | 383 | | subsection and sections 17b-252, 17b-254 and 38a-475, as amended by 315 |
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384 | 384 | | this act, relating to determining eligibility of applicants for Medicaid, or 316 |
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385 | 385 | | its successor program, and the coverage requirements for long-term care 317 Raised Bill No. 311 |
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386 | 386 | | |
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387 | 387 | | |
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388 | 388 | | |
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389 | 389 | | LCO No. 2153 11 of 13 |
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390 | 390 | | |
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391 | 391 | | benefits. 318 |
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392 | 392 | | Sec. 3. Subdivision (1) of subsection (e) of section 17b-354 of the 319 |
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393 | 393 | | general statutes is repealed and the following is substituted in lieu 320 |
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394 | 394 | | thereof (Effective July 1, 2024): 321 |
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395 | 395 | | (e) (1) A continuing care facility, as described in section 17b-520, (A) 322 |
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396 | 396 | | shall arrange for a medical assessment to be conducted by an 323 |
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397 | 397 | | independent physician or an access agency approved by the Office of 324 |
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398 | 398 | | Policy and Management and the Department of Social Services as 325 |
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399 | 399 | | meeting the requirements for such agency as defined by regulations 326 |
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400 | 400 | | adopted pursuant to [subsection (e) of] section 17b-342, as amended by 327 |
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401 | 401 | | this act, prior to the admission of any resident to the nursing facility and 328 |
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402 | 402 | | shall document such assessment in the resident's medical file and (B) 329 |
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403 | 403 | | may transfer or discharge a resident who has intentionally transferred 330 |
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404 | 404 | | assets in a sum which will render the resident unable to pay the cost of 331 |
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405 | 405 | | nursing facility care in accordance with the contract between the 332 |
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406 | 406 | | resident and the facility. 333 |
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407 | 407 | | Sec. 4. Subsection (a) of section 17b-617 of the general statutes is 334 |
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408 | 408 | | repealed and the following is substituted in lieu thereof (Effective July 1, 335 |
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409 | 409 | | 2024): 336 |
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410 | 410 | | (a) The Commissioner of Social Services shall, within available 337 |
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411 | 411 | | appropriations, establish and operate a state-funded pilot program to 338 |
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412 | 412 | | allow not more than one hundred persons with disabilities (1) who are 339 |
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413 | 413 | | age eighteen to sixty-four, inclusive, (2) who are inappropriately 340 |
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414 | 414 | | institutionalized or at risk of inappropriate institutionalization, (3) 341 |
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415 | 415 | | whose assets do not exceed the asset limits of the state-funded home 342 |
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416 | 416 | | care program for the elderly, established pursuant to subsection [(i)] (j) 343 |
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417 | 417 | | of section 17b-342, as amended by this act, and (4) who are not eligible 344 |
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418 | 418 | | for medical assistance under section 17b-261 or a Medicaid waiver 345 |
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419 | 419 | | pursuant to 42 USC 1396n, to be eligible to receive the same services that 346 |
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420 | 420 | | are provided under the state-funded home care program for the elderly. 347 |
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421 | 421 | | At the discretion of the Commissioner of Social Services, such persons 348 |
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422 | 422 | | may also be eligible to receive services that are necessary to meet needs 349 Raised Bill No. 311 |
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423 | 423 | | |
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424 | 424 | | |
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425 | 425 | | |
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426 | 426 | | LCO No. 2153 12 of 13 |
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427 | 427 | | |
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428 | 428 | | attributable to disabilities in order to allow such persons to avoid 350 |
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429 | 429 | | institutionalization. 351 |
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430 | 430 | | Sec. 5. Section 38a-475 of the general statutes is repealed and the 352 |
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431 | 431 | | following is substituted in lieu thereof (Effective July 1, 2024): 353 |
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432 | 432 | | The Insurance Department shall only precertify long-term care 354 |
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433 | 433 | | insurance policies that (1) alert the purchaser to the availability of 355 |
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434 | 434 | | consumer information and public education provided by the 356 |
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435 | 435 | | Department of Aging and Disability Services pursuant to section 17a-357 |
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436 | 436 | | 861; (2) offer the option of home and community-based services in 358 |
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437 | 437 | | addition to nursing home care; (3) in all home care plans, include case 359 |
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438 | 438 | | management services delivered by an access agency approved by the 360 |
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439 | 439 | | Office of Policy and Management and the Department of Social Services 361 |
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440 | 440 | | as meeting the requirements for such agency as defined in regulations 362 |
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441 | 441 | | adopted pursuant to [subsection (e) of] section 17b-342, as amended by 363 |
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442 | 442 | | this act, which services shall include, but need not be limited to, the 364 |
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443 | 443 | | development of a comprehensive individualized assessment and care 365 |
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444 | 444 | | plan and, as needed, the coordination of appropriate services and the 366 |
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445 | 445 | | monitoring of the delivery of such services; (4) provide inflation 367 |
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446 | 446 | | protection; (5) provide for the keeping of records and an explanation of 368 |
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447 | 447 | | benefit reports on insurance payments which count toward Medicaid 369 |
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448 | 448 | | resource exclusion; and (6) provide the management information and 370 |
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449 | 449 | | reports necessary to document the extent of Medicaid resource 371 |
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450 | 450 | | protection offered and to evaluate the Connecticut Partnership for 372 |
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451 | 451 | | Long-Term Care. No policy shall be precertified if it requires prior 373 |
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452 | 452 | | hospitalization or a prior stay in a nursing home as a condition of 374 |
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453 | 453 | | providing benefits. The commissioner may adopt regulations, in 375 |
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454 | 454 | | accordance with chapter 54, to carry out the precertification provisions 376 |
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455 | 455 | | of this section. 377 |
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456 | 456 | | This act shall take effect as follows and shall amend the following |
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457 | 457 | | sections: |
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458 | 458 | | |
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459 | 459 | | Section 1 July 1, 2024 17b-342 |
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460 | 460 | | Sec. 2 July 1, 2024 17b-253(a) |
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461 | 461 | | Sec. 3 July 1, 2024 17b-354(e)(1) Raised Bill No. 311 |
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462 | 462 | | |
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463 | 463 | | |
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464 | 464 | | |
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465 | 465 | | LCO No. 2153 13 of 13 |
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466 | 466 | | |
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467 | 467 | | Sec. 4 July 1, 2024 17b-617(a) |
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468 | 468 | | Sec. 5 July 1, 2024 38a-475 |
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469 | 469 | | |
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470 | 470 | | Statement of Purpose: |
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471 | 471 | | To expand access to the Connecticut home-care program for the elderly |
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472 | 472 | | by establishing presumptive eligibility for Medicaid-funded services, |
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473 | 473 | | reducing copayments, increasing asset limits, and expanding categories |
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474 | 474 | | of persons who may be covered under the state-funded program and to |
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475 | 475 | | authorize compensation for family caregivers. |
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476 | 476 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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477 | 477 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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478 | 478 | | underlined.] |
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479 | 479 | | |
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