Connecticut 2025 Regular Session

Connecticut House Bill HB07108 Compare Versions

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5-General Assembly Substitute Bill No. 7108
5+General Assembly Raised Bill No. 7108
66 January Session, 2025
7+LCO No. 5570
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10+Referred to Committee on HUMAN SERVICES
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13+Introduced by:
14+(HS)
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12-AN ACT CONCERNING AUTISM AND INTELLECTUAL DISABILITY
13-SERVICES AND ABUSE AND NEGLECT INVESTIGATIONS.
16+
17+AN ACT CONCERNING AUTISM AND INTELLECTUAL DISABILITY.
1418 Be it enacted by the Senate and House of Representatives in General
1519 Assembly convened:
1620
1721 Section 1. (NEW) (Effective from passage) (a) As used in this section, 1
1822 "general intellectual functioning or adaptive behavior" means the 2
1923 effectiveness or degree with which an individual meets the standards of 3
2024 personal independence and social responsibility expected for the 4
2125 individual's age and cultural group as measured by assessments that are 5
2226 individualized, standardized and clinically and culturally appropriate. 6
2327 (b) The Secretary of the Office of Policy and Management, in 7
2428 consultation with the Commissioners of Social Services, Developmental 8
2529 Services, Aging and Disability Services and Public Health, the Council 9
26-on Developmental Disabilities, the Autism Spectrum Disorder Advisory 10
27-Council and the Rare Disease Advisory Council, shall implement the 11
28-first two recommendations of a November 15, 2024, report 12
29-commissioned by the Office of Policy and Management entitled "The 13
30-Evaluation of Statutory Definitions and Regulations: Intellectual 14
31-Disability and Related Programs". 15
32-(c) In implementing the provisions of subsection (b) of this section, 16
33-the secretary shall (1) explore changes in eligibility to remove 17
34-intelligence quotient scores as a component of eligibility for state 18 Substitute Bill No. 7108
30+on Developmental Disabilities and the Autism Spectrum Disorder 10
31+Advisory Council, shall implement the first two recommendations of a 11
32+November 15, 2024, report commissioned by the Office of Policy and 12
33+Management entitled "The Evaluation of Statutory Definitions and 13
34+Regulations: Intellectual Disability and Related Programs". 14
35+(c) In implementing the provisions of subsection (b) of this section, 15
36+the secretary shall (1) explore changes in eligibility to remove 16
37+intelligence quotient scores as a component of eligibility for state 17
38+Raised Bill No. 7108
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39-services for persons with intellectual disability, (2) consider state 19
40-adoption of a broader definition of developmental disability that 20
41-includes intellectual disability, autism and any other condition that 21
42-results in impairment of general intellectual functioning or adaptive 22
43-behavior, (3) assess the level of need assessment tool used by the 23
44-Department of Developmental Services and the universal assessment 24
45-tool used by the Department of Social Services to determine eligibility 25
46-for services, and (4) analyze the impact of extending eligibility for the 26
47-home and community-based Medicaid waiver programs administered 27
48-by the Department of Developmental Services to individuals with an 28
49-intelligence quotient greater than sixty-nine and a level of need 29
50-assessment score of eight. 30
51-(d) Not later than January 1, 2026, the secretary shall file a report, in 31
52-accordance with the provisions of section 11-4a of the general statutes, 32
53-with the joint standing committees of the General Assembly having 33
54-cognizance of matters relating to human services and public health. The 34
55-report shall include recommendations concerning (1) the advisability of 35
56-changes in eligibility criteria to remove intelligence quotient scores, (2) 36
57-the utility of the level of need assessment tool used by the Department 37
58-of Developmental Services and the universal assessment tool used by 38
59-the Department of Social Services, (3) the impact of expanding eligibility 39
60-for the home and community-based Medicaid waiver programs 40
61-administered by the Department of Developmental Services, (4) the total 41
62-number of people waiting for autism services versus receiving autism 42
63-services and their associated levels of need, and (5) a plan for addressing 43
64-those with autism who have significant care needs. The secretary, in 44
65-consultation with the Commissioner of Developmental Services, shall 45
66-report twice annually to said committees on the number of persons with 46
67-intellectual disability who are denied either day program care or 47
68-residential services because of their level of need. 48
69-Sec. 2. (NEW) (Effective from passage) (a) As used in this section, 49
70-"individual with profound autism" means an individual who (1) has an 50
71-intelligence quotient of less than fifty, (2) is nonverbal or minimally 51
72-verbal, (3) needs help with tasks of daily living, such as dressing, 52 Substitute Bill No. 7108
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44+services for persons with intellectual disability, (2) consider state 18
45+adoption of a broader definition of developmental disability that 19
46+includes intellectual disability, autism and any other condition that 20
47+results in impairment of general intellectual functioning or adaptive 21
48+behavior, (3) assess the level of need assessment tool used by the 22
49+Department of Developmental Services and the universal assessment 23
50+tool used by the Department of Social Services to determine eligibility 24
51+for services, and (4) analyze the impact of extending eligibility for the 25
52+home and community-based Medicaid waiver programs administered 26
53+by the Department of Developmental Services to individuals with an 27
54+intelligence quotient greater than sixty-nine and a level of need 28
55+assessment score of eight. 29
56+(d) Not later than January 1, 2026, the secretary shall file a report, in 30
57+accordance with the provisions of section 11-4a of the general statutes, 31
58+with the joint standing committees of the General Assembly having 32
59+cognizance of matters relating to human services and public health. The 33
60+report shall include recommendations concerning (1) the advisability of 34
61+changes in eligibility criteria to remove intelligence quotient scores, (2) 35
62+the utility of the level of need assessment tool used by the Department 36
63+of Developmental Services and the universal assessment tool used by 37
64+the Department of Social Services, (3) the impact of expanding eligibility 38
65+for the home and community-based Medicaid waiver programs 39
66+administered by the Department of Developmental Services, (4) the total 40
67+number of people waiting for autism services versus receiving autism 41
68+services and their associated levels of need, and (5) a plan for addressing 42
69+those with autism with high care needs. The secretary, in consultation 43
70+with the Commissioner of Developmental Services, shall report twice 44
71+annually to said committees on the number of persons with intellectual 45
72+disability who are denied either day program care or residential services 46
73+because of their level of need. 47
74+Sec. 2. Section 4-67bb of the general statutes is repealed and the 48
75+following is substituted in lieu thereof (Effective July 1, 2025): 49
76+Raised Bill No. 7108
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77-bathing and preparing meals, or (4) may have medical issues, including, 53
78-but not limited to, epilepsy and behaviors such as self-injury and 54
79-aggression that interfere with safety and well-being. 55
80-(b) The Commissioner of Developmental Services, in consultation 56
81-with the Commissioner of Social Services and the Secretary of the Office 57
82-of Policy and Management, shall evaluate services for persons with (1) 58
83-profound autism, and (2) autism spectrum disorder in addition to 59
84-intellectual disability. 60
85-(c) Not later than October 1, 2025, the commissioner shall file a report, 61
86-in accordance with the provisions of section 11-4a of the general statutes, 62
87-with the joint standing committees of the General Assembly having 63
88-cognizance of matters relating to appropriations and the budgets of state 64
89-agencies, human services and public health. The report shall include, 65
90-but need not be limited to: (1) The efficacy of services for (A) persons 66
91-with profound autism, and (B) persons with autism spectrum disorder 67
92-in addition to intellectual disability by the levels of need of such persons, 68
93-(2) numbers of such persons on emergency waiting lists for Medicaid 69
94-waiver programs or other programs, (3) numbers of such persons on 70
95-urgent waiting lists for such programs, (4) recommendations to expand 71
96-and improve services offered in such programs, and (5) state 72
97-appropriations needed to expand and improve such services. 73
98-Sec. 3. Section 4-67bb of the general statutes is repealed and the 74
99-following is substituted in lieu thereof (Effective July 1, 2025): 75
100-(a) Not later than October 1, 2023, the Secretary of the Office of Policy 76
101-and Management shall establish two new staff positions, (1) one of 77
102-whom shall serve as state-wide coordinator of programs and services 78
103-provided by state agencies for individuals with autism spectrum 79
104-disorder, and (2) one of whom shall (A) identify programs and services 80
105-provided by state agencies for individuals who have an intellectual or 81
106-developmental disability other than autism spectrum disorder; and (B) 82
107-help commissioners of such agencies to coordinate such programs and 83
108-services. On and after July 1, 2025, the state-wide autism services 84 Substitute Bill No. 7108
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82+(a) Not later than October 1, 2023, the Secretary of the Office of Policy 50
83+and Management shall establish two new staff positions, (1) one of 51
84+whom shall serve as state-wide coordinator of programs and services 52
85+provided by state agencies for individuals with autism spectrum 53
86+disorder, and (2) one of whom shall (A) identify programs and services 54
87+provided by state agencies for individuals who have an intellectual or 55
88+developmental disability other than autism spectrum disorder; and (B) 56
89+help commissioners of such agencies to coordinate such programs and 57
90+services. On and after July 1, 2025, the state-wide autism services 58
91+coordinator, in consultation with the staff member assisting agencies 59
92+that serve persons with an intellectual or developmental disability other 60
93+than autism spectrum disorder, shall serve as a liaison to hospitals in the 61
94+state caring for such persons. 62
95+(b) The secretary shall establish an interagency coalition, which shall 63
96+include, but need not be limited to, representatives from the Department 64
97+of Developmental Services, in its capacity as the lead agency for persons 65
98+with an intellectual or developmental disability pursuant to section 17a-66
99+210, and the Department of Social Services, in its capacity as the lead 67
100+agency for persons with autism spectrum disorder pursuant to section 68
101+17a-215c. The coalition shall meet not less than quarterly and work on 69
102+strategies to reduce silos in the provision of state agency services for 70
103+such persons. 71
104+(c) Not later than July 1, 2025, the secretary shall submit a report, in 72
105+accordance with the provisions of section 11-4a, on the progress of the 73
106+interagency coalition in reducing silos of services with the joint standing 74
107+committees of the General Assembly having cognizance of matters 75
108+relating to human services and public health. Not later than July 1, 2026, 76
109+the secretary shall file a report with said committees on the efforts of the 77
110+liaison to hospitals, pursuant to subsection (a) of this section, to provide 78
111+information and assistance to hospitals on state programs and services 79
112+that may provide an alternative to hospitalization for certain persons 80
113+with autism spectrum disorder, intellectual disability or a 81
114+developmental disability other than autism spectrum disorder. 82
115+Raised Bill No. 7108
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113-coordinator, in consultation with the staff member assisting agencies 85
114-that serve persons with an intellectual or developmental disability other 86
115-than autism spectrum disorder, shall serve as a liaison to hospitals in the 87
116-state caring for such persons. 88
117-(b) The secretary shall establish an interagency coalition, which shall 89
118-include, but need not be limited to, representatives from the Department 90
119-of Developmental Services, in its capacity as the lead agency for persons 91
120-with an intellectual or developmental disability pursuant to section 17a-92
121-210, and the Department of Social Services, in its capacity as the lead 93
122-agency for persons with autism spectrum disorder pursuant to section 94
123-17a-215c. The coalition shall meet not less than quarterly and work on 95
124-strategies to reduce silos in the provision of state agency services for 96
125-such persons. 97
126-(c) Not later than July 1, 2025, the secretary shall submit a report, in 98
127-accordance with the provisions of section 11-4a, on the progress of the 99
128-interagency coalition in reducing silos of services with the joint standing 100
129-committees of the General Assembly having cognizance of matters 101
130-relating to human services and public health. Not later than July 1, 2026, 102
131-the secretary shall file a report with said committees on the efforts of the 103
132-liaison to hospitals, pursuant to subsection (a) of this section, to provide 104
133-information and assistance to hospitals on state programs and services 105
134-that may provide an alternative to hospitalization for certain persons 106
135-with autism spectrum disorder, intellectual disability or a 107
136-developmental disability other than autism spectrum disorder. 108
137-Sec. 4. Section 17a-247b of the general statutes is amended by adding 109
138-subsection (h) as follows (Effective July 1, 2025): 110
139-(NEW) (h) Notwithstanding the provisions of subsection (c) of this 111
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121+Sec. 3. Section 17a-247b of the general statutes is amended by adding 83
122+subsection (h) as follows (Effective July 1, 2025): 84
123+(NEW) (h) Notwithstanding the provisions of subsection (c) of this 85
124+section, the Commissioner of Developmental Services shall file a report 86
125+not later than January 15, 2026, and annually thereafter, identifying (1) 87
126+the number of abuse and neglect complaints against former employees 88
127+received in the previous calendar year, (2) the disposition of such 89
128+complaints, and (3) any backlog of investigations relating to such 90
129+complaints. The commissioner shall post the report on the department's 91
130+Internet web site and file the report, in accordance with the provisions 92
131+of section 11-4a, with the joint standing committees of the General 93
132+Assembly having cognizance of matters relating to human services and 94
133+public health. 95
134+Sec. 4. Section 17a-247f of the general statutes is amended by adding 96
135+subsection (c) as follows (Effective July 1, 2025): 97
136+(NEW) (c) Notwithstanding the provisions of subsection (b) of this 98
137+section, the Commissioner of Developmental Services shall file a report 99
138+not later than January 15, 2026, and annually thereafter, identifying (1) 100
139+the number of abuse and neglect complaints received and investigated 101
140+pursuant to this section in the previous calendar year, (2) the disposition 102
141+of such complaints, and (3) any backlog of investigations relating to such 103
142+complaints. The commissioner shall post the report on the department's 104
143+Internet web site and file the report, in accordance with the provisions 105
144+of section 11-4a, with the joint standing committees of the General 106
145+Assembly having cognizance of matters relating to human services and 107
146+public health. 108
147+Sec. 5. Section 46a-11c of the general statutes is amended by adding 109
148+subsection (f) as follows (Effective July 1, 2025): 110
149+(NEW) (f) Notwithstanding the provisions of subsection (e) of this 111
140150 section, the Commissioner of Developmental Services shall file a report 112
141151 not later than January 15, 2026, and annually thereafter, identifying (1) 113
142-the number of abuse and neglect complaints against former employees 114
143-received in the previous calendar year, (2) the disposition of such 115
144-complaints, and (3) any backlog of investigations relating to such 116 Substitute Bill No. 7108
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149-complaints. The commissioner shall post the report on the department's 117
150-Internet web site and file the report, in accordance with the provisions 118
151-of section 11-4a, with the joint standing committees of the General 119
152-Assembly having cognizance of matters relating to human services and 120
153-public health. 121
154-Sec. 5. Section 17a-247f of the general statutes is amended by adding 122
155-subsection (c) as follows (Effective July 1, 2025): 123
156-(NEW) (c) Notwithstanding the provisions of subsection (b) of this 124
157-section, the Commissioner of Developmental Services shall file a report 125
158-not later than January 15, 2026, and annually thereafter, identifying (1) 126
159-the number of abuse and neglect complaints received and investigated 127
160-pursuant to this section in the previous calendar year, (2) the number of 128
161-complaints that were investigated by a contracted provider and the 129
162-number of complaints investigated by the Department of 130
163-Developmental Services and the dispositions of complaints investigated 131
164-by a contracted provider and the department in each category of 132
165-complaint investigations, (3) the median length of time for completion 133
166-of the investigations, (4) the number of programmatic neglect findings 134
167-arising from the abuse or neglect investigations, (5) the number of 135
168-investigations that led to a directive for corrective action, (6) the steps 136
169-the department took to address programmatic neglect findings and 137
170-ensure corrective actions were implemented, (7) the percentage of cases 138
171-in which a directive for corrective action was issued and the department 139
172-revisited the provider to review implementation of the corrective action 140
173-categorized by department response times of (A) not more than thirty 141
174-days, (B) not more than sixty days, and (C) in excess of sixty days from 142
175-the date the corrective action directive was issued, (8) the processes and 143
176-timelines by which guardians and parents of individuals with 144
177-disabilities were informed of the results of investigations and directives 145
178-for corrective action, and (9) any backlog of investigations relating to 146
179-such complaints. The commissioner shall post the report on the 147
180-department's Internet web site and file the report, in accordance with 148
181-the provisions of section 11-4a, with the joint standing committees of the 149
182-General Assembly having cognizance of matters relating to human 150 Substitute Bill No. 7108
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187-services and public health. 151
188-Sec. 6. Section 46a-11c of the general statutes is amended by adding 152
189-subsection (f) as follows (Effective July 1, 2025): 153
190-(NEW) (f) Notwithstanding the provisions of subsection (e) of this 154
191-section, the Commissioner of Developmental Services shall file a report 155
192-not later than January 15, 2026, and annually thereafter, identifying (1) 156
193-the number of abuse and neglect complaints received and investigated 157
194-pursuant to this section in the previous calendar year, including deaths 158
195-investigated pursuant to subsection (c) of this section, (2) the number of 159
196-complaints that were investigated by a contracted provider and the 160
197-number of complaints investigated by the Department of 161
198-Developmental Services and the dispositions of complaints investigated 162
199-by a contracted provider and the department in each category of 163
200-complaint investigations, (3) the median length of time for completion 164
201-of the investigations, (4) the number of programmatic neglect findings 165
202-arising from the abuse or neglect investigations, (5) the number of 166
203-investigations that led to a directive for corrective action, (6) the steps 167
204-the department took to address programmatic neglect findings and 168
205-ensure corrective actions were implemented, (7) the percentage of cases 169
206-in which a directive for corrective action was issued and the department 170
207-revisited the provider to review implementation of the corrective action 171
208-categorized by department response times of (A) not more than thirty 172
209-days, (B) not more than sixty days, and (C) in excess of sixty days from 173
210-the date the corrective action directive was issued, (8) the processes and 174
211-timelines by which guardians and parents of individuals with 175
212-disabilities were informed of the results of investigations and directives 176
213-for corrective action, and (9) any backlog of investigations relating to 177
214-such complaints. The commissioner shall post the report on the 178
215-department's Internet web site and file the report, in accordance with 179
216-the provisions of section 11-4a, with the joint standing committees of the 180
217-General Assembly having cognizance of matters relating to human 181
218-services and public health. 182
219-Sec. 7. (NEW) (Effective July 1, 2025) Not later than September 30, 2025, 183 Substitute Bill No. 7108
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224-and quarterly thereafter, the Commissioner of Developmental Services 184
225-shall file a report describing (1) progress in expending funds 185
226-appropriated for programs administered by the Department of 186
227-Developmental Services, (2) what services they were spent on, (3) 187
228-whether lapsed funds are anticipated at the end of the fiscal year ending 188
229-on June thirtieth, (4) if applicable, reasons appropriated funds were not 189
230-expended, and (5) waiting lists for services provided by the department. 190
231-The commissioner shall file the report, in accordance with the provisions 191
232-of section 11-4a of the general statutes, with the joint standing 192
233-committees of the General Assembly having cognizance of matters 193
234-relating to human services and public health and post the report on the 194
235-Internet web site of the Department of Developmental Services. 195
236-Sec. 8. (NEW) (Effective July 1, 2025) The joint standing committees of 196
237-the General Assembly having cognizance of matters relating to public 197
238-health, human services and appropriations and the budgets of state 198
239-agencies shall annually hold a joint informational hearing to review the 199
240-status of efforts by the Department of Developmental Services and the 200
241-Department of Social Services to ensure the safety and quality of care 201
242-for individuals with disabilities receiving services funded by federal 202
243-Medicaid waiver programs. The hearings shall address matters 203
244-including, but not limited to, how the agencies are addressing audit 204
245-findings and recommendations made by the Office of the Inspector 205
246-General for the United States Department of Health and Human 206
247-Services and the state Auditors of Public Accounts concerning 207
248-prevention, timely reporting and corrective action related to complaints 208
249-of abuse and neglect of such individuals. 209
158+the number of abuse and neglect complaints received and investigated 114
159+pursuant to this section in the previous calendar year, including deaths 115
160+investigated pursuant to subsection (c) of this section, (2) the disposition 116
161+of such complaints, and (3) any backlog of investigations relating to such 117
162+complaints. The commissioner shall post the report on the department's 118
163+Internet web site and file the report, in accordance with the provisions 119
164+of section 11-4a, with the joint standing committees of the General 120
165+Assembly having cognizance of matters relating to human services and 121
166+public health. 122
167+Sec. 6. (NEW) (Effective July 1, 2025) Not later than September 30, 2025, 123
168+and quarterly thereafter, the Commissioner of Developmental Services 124
169+shall file a report describing (1) progress in expending funds 125
170+appropriated for programs administered by the Department of 126
171+Developmental Services, (2) what services they were spent on, (3) 127
172+whether lapsed funds are anticipated at the end of the fiscal year ending 128
173+on June thirtieth, (4) if applicable, reasons appropriated funds were not 129
174+expended, and (5) waiting lists for services provided by the department. 130
175+The commissioner shall file the report, in accordance with the provisions 131
176+of section 11-4a of the general statutes, with the joint standing 132
177+committees of the General Assembly having cognizance of matters 133
178+relating to human services and public health and post the report on the 134
179+Internet web site of the Department of Developmental Services. 135
250180 This act shall take effect as follows and shall amend the following
251181 sections:
252182
253183 Section 1 from passage New section
254-Sec. 2 from passage New section
255-Sec. 3 July 1, 2025 4-67bb
256-Sec. 4 July 1, 2025 17a-247b(h)
257-Sec. 5 July 1, 2025 17a-247f(c)
258-Sec. 6 July 1, 2025 46a-11c(f) Substitute Bill No. 7108
184+Sec. 2 July 1, 2025 4-67bb
185+Sec. 3 July 1, 2025 17a-247b(h)
186+Sec. 4 July 1, 2025 17a-247f(c)
187+Sec. 5 July 1, 2025 46a-11c(f)
188+Sec. 6 July 1, 2025 New section
189+
190+Raised Bill No. 7108
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263-Sec. 7 July 1, 2025 New section
264-Sec. 8 July 1, 2025 New section
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266-Statement of Legislative Commissioners:
267-The title was changed; in Section 1(d)(5), "with high" was changed to
268-"who have significant" for clarity; in Section 2(c), subdivisions (1)(B) and
269-(2) were redrafted and "need" was inserted before "not be limited" for
270-clarity; the second reference to "Sec. 4" was changed to "Sec. 5" for
271-accuracy; in newly designated Section 5(c)(2) and Section 6(f)(2),
272-"investigated by a contracted provider and the department" was
273-inserted before "in each category" for clarity; in Section 5(c)(7) and
274-Section 6(f)(7), "department" was inserted before "response times" for
275-clarity; and in Sections (5)(a)(7)(B) and 6(f)(7)(B), "sixty days" was
276-changed to "not more than sixty days" for internal consistency.
196+Statement of Purpose:
197+To consider expanded eligibility criteria and require greater
198+transparency regarding abuse, neglect and death investigations and use
199+of state appropriations.
277200
278-HS Joint Favorable Subst.
201+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
202+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
203+underlined.]
279204