Connecticut 2025 Regular Session

Connecticut House Bill HB07156 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 11
	3	+	LCO No. 5190 1 of 11
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7156
	5	+	General Assembly Raised Bill No. 7156
6	6		January Session, 2025
	7	+	LCO No. 5190
7	8
	9	+
	10	+	Referred to Committee on PUBLIC HEALTH
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PH)
8	15
9	16
10	17
11	18
12	19		AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL
13	20		SERVICES' RECOMMENDATIONS REGARDING VARIOUS REVISIONS
14	21		TO DEVELOPMENTAL SERVICES STATUTES.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. Subdivision (1) of section 20-14h of the general statutes is 1
19	26		repealed and the following is substituted in lieu thereof (Effective from 2
20	27		passage): 3
21	28		(1) "Administration" means the direct application of a medication by 4
22		-	means other than injection to the body of a person but does not ~~mean~~ 5
23		-	the ~~administration~~ of ~~epinephrine or insulin~~ by auto injector to a person 6
24		-	~~residing in a~~ facility licensed or certified by the Department of 7
25		-	~~Developmental~~ Services ~~to treat an acute allergic reaction or diabetes~~. 8
	29	+	means other than injection to the body of a person but does not include 5
	30	+	the application of medication by auto injector to a person residing in a 6
	31	+	facility licensed or certified by the Department of Developmental 7
	32	+	Services. 8
26	33		Sec. 2. Section 20-14i of the general statutes is repealed and the 9
27	34		following is substituted in lieu thereof (Effective from passage): 10
28	35		[Any provisions to the contrary notwithstanding,] Notwithstanding 11
29	36		any provisions of chapter 378, said chapter shall not prohibit the 12
30	37		administration of medication to persons (1) attending day programs, 13
	38	+	Raised Bill No. 7156
	39	+
	40	+
	41	+
	42	+	LCO No. 5190 2 of 11
	43	+
31	44		residing in residential facilities or receiving individual and family 14
32	45		support, under the jurisdiction of the Departments of Children and 15
33		-	Families, Correction, Developmental Services and Mental Health and 16 Substitute Bill No. 7156
34		-
35		-
36		-	LCO 2 of 11
37		-
	46	+	Families, Correction, Developmental Services and Mental Health and 16
38	47		Addiction Services, (2) being detained in juvenile residential centers or 17
39	48		residing in residential facilities dually licensed by the Department of 18
40	49		Children and Families and the Department of Public Health, [or] (3) 19
41	50		residing in substance abuse treatment facilities licensed by the 20
42	51		Department of Children and Families pursuant to section 17a-145 when 21
43	52		such medication is administered by trained persons, pursuant to the 22
44	53		written order of a physician licensed under this chapter, a dentist 23
45	54		licensed under chapter 379, an advanced practice registered nurse 24
46	55		licensed to prescribe in accordance with section 20-94a or a physician 25
47	56		assistant licensed to prescribe in accordance with section 20-12d, 26
48	57		authorized to prescribe such medication, or (4) residing in facilities 27
49	58		licensed or certified by the Department of Developmental Services, 28
50		-	provided (A) such administration of medication is performed using an 29
51		-	auto injector and limited to the administration of epinephrine or insulin 30
52		-	to treat an acute allergic reaction or diabetes, and (B) such 31
53		-	administration of medication is performed by a trained person who has 32
54		-	received specialized training in the administration of medication by 33
55		-	auto injector, as prescribed by the Commissioner of Developmental 34
56		-	Services. The provisions of this section shall not apply to institutions, 35
57		-	facilities or programs licensed pursuant to chapter 368v. 36
58		-	Sec. 3. Subsection (a) of section 45a-677a of the general statutes is 37
59		-	repealed and the following is substituted in lieu thereof (Effective from 38
60		-	passage): 39
61		-	(a) A plenary or limited guardian appointed under section 45a-676, a 40
62		-	protected person or a protected person's legal representative, or the 41
63		-	Commissioner of Developmental Services, or the commissioner's 42
64		-	designee, may petition for a guardian to be granted authority to manage 43
65		-	the finances of a protected person whose assets do not exceed ten 44
66		-	thousand dollars. The petition shall be filed in the Probate Court that 45
67		-	appointed the guardian. If a petition under this section is filed 46
68		-	simultaneously with a guardianship petition under section 45a-670, the 47
69		-	court may conduct one hearing on both petitions. 48
70		-	Sec. 4. Section 17a-247a of the general statutes is repealed and the 49 Substitute Bill No. 7156
	59	+	provided such administration of medication is performed using an auto 29
	60	+	injector by a trained person who has received specialized training in the 30
	61	+	administration of medication by auto injector, as prescribed by the 31
	62	+	Commissioner of Developmental Services. The provisions of this section 32
	63	+	shall not apply to institutions, facilities or programs licensed pursuant 33
	64	+	to chapter 368v. 34
	65	+	Sec. 3. Subsection (a) of section 45a-670 of the general statutes is 35
	66	+	repealed and the following is substituted in lieu thereof (Effective from 36
	67	+	passage): 37
	68	+	(a) A petition for guardianship may be filed by (1) any adult person, 38
	69	+	or (2) the Commissioner of Developmental Services, or the 39
	70	+	commissioner's designee, for the sole purpose of simultaneously filing 40
	71	+	a petition pursuant to the provisions of section 45a-677a. Any petition 41
	72	+	filed shall allege that a respondent, by reason of the severity of the 42
	73	+	respondent's intellectual disability, is unable to meet essential 43
	74	+	requirements for the respondent's physical health and safety and unable 44
	75	+	to make informed decisions about matters relating to the respondent's 45
	76	+	care. Such petition shall be filed in Probate Court in the district in which 46
	77	+	Raised Bill No. 7156
71	78
72	79
73		-	LCO 3 of 11
74	80
75		-	following is substituted in lieu thereof (Effective October 1, 2025): 50
76		-	As used in this section and sections 17a-247b to 17a-247f, inclusive, as 51
77		-	amended by this act: 52
78		-	(1) "Abuse" means (A) the wilful infliction by an employee of physical 53
79		-	pain or injury, financial exploitation, psychological abuse or verbal 54
80		-	abuse; (B) the wilful deprivation of services necessary to the physical 55
81		-	and mental health and safety of an individual who receives services or 56
82		-	funding from the department; or (C) sexual abuse. 57
83		-	(2) "Authorized agency" means any agency authorized in accordance 58
84		-	with the general statutes to conduct abuse and neglect investigations 59
85		-	and responsible for issuing or carrying out protective services for 60
86		-	persons with intellectual disability. 61
87		-	(3) "Commissioner" means the Commissioner of Developmental 62
88		-	Services, or his or her designee. 63
89		-	(4) "Community companion home licensee" means a person who (A) 64
90		-	provides residential supports and services to not more than three 65
91		-	individuals within such person's private residence, and (B) is licensed 66
92		-	to operate a community companion home pursuant to section 17a-227, 67
93		-	as amended by this act. 68
94		-	(5) "Community companion home designee" means any person who, 69
95		-	at the direction of a community companion home licensee, provides 70
96		-	support or services at a community companion home, licensed pursuant 71
97		-	to section 17a-227, as amended by this act, when the community 72
98		-	companion home licensee is absent from such community companion 73
99		-	home. 74
100		-	[(4)] (6) "Department" means the Department of Developmental 75
101		-	Services. 76
102		-	[(5)] (7) "Employee" means any person employed (A) by the 77
103		-	department, or (B) by an agency, organization or person that is licensed 78
104		-	or funded by the department. 79 Substitute Bill No. 7156
	81	+	LCO No. 5190 3 of 11
	82	+
	83	+	the respondent resides, is domiciled or is located at the time of the filing 47
	84	+	of the petition. Such petition shall state: (1) Whether there is, in any 48
	85	+	jurisdiction, a guardian, limited guardian, or conservator for the 49
	86	+	respondent; (2) the extent of the respondent's inability to meet essential 50
	87	+	requirements for the respondent's physical health or safety, and the 51
	88	+	extent of the respondent's inability to make informed decisions about 52
	89	+	matters related to the respondent's care; (3) any other facts upon which 53
	90	+	guardianship is sought; and (4) in the case of a limited guardianship, the 54
	91	+	specific areas of protection and assistance required for the respondent. 55
	92	+	Sec. 4. Section 17a-247a of the general statutes is repealed and the 56
	93	+	following is substituted in lieu thereof (Effective October 1, 2025): 57
	94	+	As used in this section and sections 17a-247b to 17a-247f, inclusive, as 58
	95	+	amended by this act: 59
	96	+	(1) "Abuse" means (A) the wilful infliction by an employee of physical 60
	97	+	pain or injury, financial exploitation, psychological abuse or verbal 61
	98	+	abuse; (B) the wilful deprivation of services necessary to the physical 62
	99	+	and mental health and safety of an individual who receives services or 63
	100	+	funding from the department; or (C) sexual abuse. 64
	101	+	(2) "Authorized agency" means any agency authorized in accordance 65
	102	+	with the general statutes to conduct abuse and neglect investigations 66
	103	+	and responsible for issuing or carrying out protective services for 67
	104	+	persons with intellectual disability. 68
	105	+	(3) "Commissioner" means the Commissioner of Developmental 69
	106	+	Services, or his or her designee. 70
	107	+	(4) "Community companion home licensee" means a person who (A) 71
	108	+	provides residential supports and services to not more than three 72
	109	+	individuals within such person's private residence, and (B) is licensed 73
	110	+	to operate a community companion home pursuant to section 17a-227, 74
	111	+	as amended by this act. 75
	112	+	Raised Bill No. 7156
105	113
106	114
107		-	LCO 4 of 11
108	115
109		-	[(6)] (8) "Employer" means (A) the department, or (B) an agency, 80
110		-	organization or person that is licensed or funded by the department. 81
111		-	[(7)] (9) "Financial exploitation" means the theft, misappropriation or 82
112		-	unauthorized or improper use of property, money or other resource that 83
113		-	is intended to be used by or for an individual who receives services or 84
114		-	funding from the department. 85
115		-	[(8)] (10) "Neglect" means the failure by an employee, through action 86
116		-	or inaction, to provide an individual who receives services or funding 87
117		-	from the department with the services necessary to maintain such 88
118		-	individual's physical and mental health and safety. 89
119		-	[(9)] (11) "Protective services" has the same meaning as provided in 90
120		-	section 46a-11a. 91
121		-	[(10)] (12) "Psychological abuse" means an act intended to (A) 92
122		-	humiliate, intimidate, degrade or demean an individual who receives 93
123		-	services or funding from the department, (B) inflict emotional harm or 94
124		-	invoke fear in such individual, or (C) otherwise negatively impact the 95
125		-	mental health of such individual. 96
126		-	[(11)] (13) "Registry" means a centralized data base containing 97
127		-	information regarding substantiated abuse or neglect. 98
128		-	[(12)] (14) "Sexual abuse" means (A) any sexual contact between an 99
129		-	individual who receives services or funding from the department, 100
130		-	regardless of such individual's ability to consent, and an employee, or 101
131		-	(B) the encouragement by an employee of an individual who receives 102
132		-	services or funding from the department to engage in sexual activity. 103
133		-	[(13)] (15) "Substantiated abuse or neglect" means a determination by 104
134		-	an authorized agency, following an investigation conducted or 105
135		-	monitored by such agency, that (A) abuse or neglect of an individual 106
136		-	who receives services or funding from the department, or (B) there has 107
137		-	been a criminal conviction of a felony or misdemeanor involving abuse 108
138		-	or neglect. 109 Substitute Bill No. 7156
	116	+	LCO No. 5190 4 of 11
	117	+
	118	+	(5) "Community companion home designee" means any person who, 76
	119	+	at the direction of a community companion home licensee, provides 77
	120	+	support or services at a community companion home, licensed pursuant 78
	121	+	to section 17a-227, as amended by this act, when the community 79
	122	+	companion home licensee is absent from such community companion 80
	123	+	home. 81
	124	+	[(4)] (6) "Department" means the Department of Developmental 82
	125	+	Services. 83
	126	+	[(5)] (7) "Employee" means any person employed (A) by the 84
	127	+	department, or (B) by an agency, organization or person that is licensed 85
	128	+	or funded by the department. 86
	129	+	[(6)] (8) "Employer" means (A) the department, or (B) an agency, 87
	130	+	organization or person that is licensed or funded by the department. 88
	131	+	[(7)] (9) "Financial exploitation" means the theft, misappropriation or 89
	132	+	unauthorized or improper use of property, money or other resource that 90
	133	+	is intended to be used by or for an individual who receives services or 91
	134	+	funding from the department. 92
	135	+	[(8)] (10) "Neglect" means the failure by an employee, through action 93
	136	+	or inaction, to provide an individual who receives services or funding 94
	137	+	from the department with the services necessary to maintain such 95
	138	+	individual's physical and mental health and safety. 96
	139	+	[(9)] (11) "Protective services" has the same meaning as provided in 97
	140	+	section 46a-11a. 98
	141	+	[(10)] (12) "Psychological abuse" means an act intended to (A) 99
	142	+	humiliate, intimidate, degrade or demean an individual who receives 100
	143	+	services or funding from the department, (B) inflict emotional harm or 101
	144	+	invoke fear in such individual, or (C) otherwise negatively impact the 102
	145	+	mental health of such individual. 103
	146	+	[(11)] (13) "Registry" means a centralized data base containing 104
	147	+	Raised Bill No. 7156
139	148
140	149
141		-	LCO 5 of 11
142	150
143		-	[(14)] (16) "Verbal abuse" means the use of offensive or intimidating 110
144		-	language that is intended to provoke or cause the distress of an 111
145		-	individual who receives services or funding from the department. 112
146		-	Sec. 5. Section 17a-247b of the general statutes is repealed and the 113
147		-	following is substituted in lieu thereof (Effective October 1, 2025): 114
148		-	(a) The Department of Developmental Services shall establish and 115
149		-	maintain a registry of (1) former employees who have been terminated 116
150		-	or separated from employment as a result of substantiated abuse or 117
151		-	neglect, (2) community companion home licensees whose licenses have 118
152		-	been revoked or who have surrendered their licenses as a result of 119
153		-	substantiated abuse or neglect, and (3) community companion home 120
154		-	designees against whom an authorized agency has made a finding 121
155		-	substantiating abuse or neglect. The department shall, for the purposes 122
156		-	of maintaining the registry, be capable of responding to inquiries in 123
157		-	accordance with subsection (c) of this section as to whether a former 124
158		-	employee has been terminated or separated from employment as a 125
159		-	result of substantiated abuse or neglect, whether a community 126
160		-	companion home licensee has had his or her license revoked or has 127
161		-	surrendered his or her license as a result of substantiated abuse or 128
162		-	neglect, and whether an authorized agency has made a finding 129
163		-	substantiating abuse or neglect against a community companion home 130
164		-	designee. Such capability may include response by telephone voice mail 131
165		-	or other automated response for initial inquiries. 132
166		-	(b) The registry shall include, but not be limited to, the following: (1) 133
167		-	The names, addresses and Social Security numbers of [those] (A) former 134
168		-	employees terminated or separated from employment as a result of 135
169		-	substantiated abuse or neglect, (B) community companion home 136
170		-	licensees whose licenses have been revoked or who have surrendered 137
171		-	their licenses as a result of substantiated abuse or neglect, and (C) 138
172		-	community companion home designees against whom an authorized 139
173		-	agency has made a finding substantiating abuse or neglect; (2) the date 140
174		-	of (A) termination or separation, (B) license revocation or surrender, as 141
175		-	applicable, and (C) for community companion home designees, an 142 Substitute Bill No. 7156
	151	+	LCO No. 5190 5 of 11
	152	+
	153	+	information regarding substantiated abuse or neglect. 105
	154	+	[(12)] (14) "Sexual abuse" means (A) any sexual contact between an 106
	155	+	individual who receives services or funding from the department, 107
	156	+	regardless of such individual's ability to consent, and an employee, or 108
	157	+	(B) the encouragement by an employee of an individual who receives 109
	158	+	services or funding from the department to engage in sexual activity. 110
	159	+	[(13)] (15) "Substantiated abuse or neglect" means a determination by 111
	160	+	an authorized agency, following an investigation conducted or 112
	161	+	monitored by such agency, that (A) abuse or neglect of an individual 113
	162	+	who receives services or funding from the department, or (B) there has 114
	163	+	been a criminal conviction of a felony or misdemeanor involving abuse 115
	164	+	or neglect. 116
	165	+	[(14)] (16) "Verbal abuse" means the use of offensive or intimidating 117
	166	+	language that is intended to provoke or cause the distress of an 118
	167	+	individual who receives services or funding from the department. 119
	168	+	Sec. 5. Section 17a-247b of the general statutes is repealed and the 120
	169	+	following is substituted in lieu thereof (Effective October 1, 2025): 121
	170	+	(a) The Department of Developmental Services shall establish and 122
	171	+	maintain a registry of (1) former employees who have been terminated 123
	172	+	or separated from employment as a result of substantiated abuse or 124
	173	+	neglect, (2) community companion home licensees whose licenses have 125
	174	+	been revoked or who have surrendered their licenses as a result of 126
	175	+	substantiated abuse or neglect, and (3) community companion home 127
	176	+	designees against whom an authorized agency has made a finding 128
	177	+	substantiating abuse or neglect. The department shall, for the purposes 129
	178	+	of maintaining the registry, be capable of responding to inquiries in 130
	179	+	accordance with subsection (c) of this section as to whether a former 131
	180	+	employee has been terminated or separated from employment as a 132
	181	+	result of substantiated abuse or neglect, whether a community 133
	182	+	companion home licensee has had his or her license revoked or has 134
	183	+	surrendered his or her license as a result of substantiated abuse or 135
	184	+	Raised Bill No. 7156
176	185
177	186
178		-	LCO 6 of 11
179	187
180		-	authorized agency's finding substantiating abuse or neglect; (3) the type 143
181		-	of abuse or neglect; and (4) the name of any employer or authorized 144
182		-	agency requesting information from the registry, the reason for the 145
183		-	request and the date of the request. 146
184		-	(c) The department shall make information in the registry available 147
185		-	only to: (1) Authorized agencies, for the purpose of protective service 148
186		-	determinations; (2) employers who employ employees to provide 149
187		-	services to an individual who receives services or funding from the 150
188		-	department; (3) the Departments of Children and Families, Mental 151
189		-	Health and Addiction Services, Social Services and Administrative 152
190		-	Services and the Office of Labor Relations, for the purpose of 153
191		-	determining whether an applicant for employment with the 154
192		-	Departments of Children and Families, Developmental Services, Mental 155
193		-	Health and Addiction Services and Social Services appears on the 156
194		-	registry; (4) the Office of the Probate Court Administrator, for the 157
195		-	purpose of determining whether a person proposed for appointment as 158
196		-	a guardian pursuant to part V of chapter 802h appears on the registry; 159
197		-	or [(4)] (5) charitable organizations that recruit volunteers to support 160
198		-	programs for persons with intellectual disability or autism spectrum 161
199		-	disorder, upon application to and approval by the commissioner, for 162
200		-	purposes of conducting background checks on such volunteers. 163
201		-	(d) The department shall limit responses to requests for identifying 164
202		-	information from the registry established under this section to (1) 165
203		-	identification of (A) the former employee terminated or separated from 166
204		-	employment for substantiated abuse or neglect, (B) the community 167
205		-	companion home licensee whose license has been revoked or 168
206		-	surrendered for substantiated abuse or neglect, or (C) the community 169
207		-	companion home designee against whom an authorized agency has 170
208		-	made a finding substantiating abuse or neglect, and (2) the type of abuse 171
209		-	or neglect so substantiated. 172
210		-	(e) Not later than five business days [following] after receipt of 173
211		-	written notification by an authorized agency of the substantiation of 174
212		-	abuse or neglect by (1) a former employee who has been terminated or 175 Substitute Bill No. 7156
	188	+	LCO No. 5190 6 of 11
	189	+
	190	+	neglect, and whether an authorized agency has made a finding 136
	191	+	substantiating abuse or neglect against a community companion home 137
	192	+	designee. Such capability may include response by telephone voice mail 138
	193	+	or other automated response for initial inquiries. 139
	194	+	(b) The registry shall include, but not be limited to, the following: (1) 140
	195	+	The names, addresses and Social Security numbers of [those] (A) former 141
	196	+	employees terminated or separated from employment as a result of 142
	197	+	substantiated abuse or neglect, (B) community companion home 143
	198	+	licensees whose licenses have been revoked or who have surrendered 144
	199	+	their licenses as a result of substantiated abuse or neglect, and (C) 145
	200	+	community companion home designees against whom an authorized 146
	201	+	agency has made a finding substantiating abuse or neglect; (2) the date 147
	202	+	of (A) termination or separation, (B) license revocation or surrender, as 148
	203	+	applicable, and (C) for community companion home designees, an 149
	204	+	authorized agency's finding substantiating abuse or neglect; (3) the type 150
	205	+	of abuse or neglect; and (4) the name of any employer or authorized 151
	206	+	agency requesting information from the registry, the reason for the 152
	207	+	request and the date of the request. 153
	208	+	(c) The department shall make information in the registry available 154
	209	+	only to: (1) Authorized agencies, for the purpose of protective service 155
	210	+	determinations; (2) employers who employ employees to provide 156
	211	+	services to an individual who receives services or funding from the 157
	212	+	department; (3) the Departments of Children and Families, Mental 158
	213	+	Health and Addiction Services, Social Services and Administrative 159
	214	+	Services and the Office of Labor Relations, for the purpose of 160
	215	+	determining whether an applicant for employment with the 161
	216	+	Departments of Children and Families, Developmental Services, Mental 162
	217	+	Health and Addiction Services and Social Services appears on the 163
	218	+	registry; (4) the Office of the Probate Court Administrator, for the 164
	219	+	purpose of determining whether a person proposed for appointment as 165
	220	+	a guardian pursuant to part V of chapter 802h appears on the registry; 166
	221	+	or [(4)] (5) charitable organizations that recruit volunteers to support 167
	222	+	programs for persons with intellectual disability or autism spectrum 168
	223	+	Raised Bill No. 7156
213	224
214	225
215		-	LCO 7 of 11
216	226
217		-	separated from employment for such abuse or neglect, (2) a community 176
218		-	companion home licensee whose license has been revoked or 177
219		-	surrendered as a result of such abuse or neglect, or (3) a community 178
220		-	companion home designee, an employer or, in the case of a community 179
221		-	companion home designee, a community companion home, shall 180
222		-	submit to the department the name of such former employee or 181
223		-	community companion home designee and such other information as 182
224		-	the department may request. Upon receipt of any such notification, [of 183
225		-	such termination or separation,] the department shall conduct a hearing 184
226		-	in accordance with sections 4-177 to 4-181a, inclusive, governing 185
227		-	contested cases. The department shall not place a former [employee's] 186
228		-	employee, community companion home licensee or community 187
229		-	companion home designee's name on the registry until the department 188
230		-	has completed the hearing and the hearing has resulted in a decision to 189
231		-	place the former [employee's] employee, community companion home 190
232		-	licensee or community companion home designee's name on the 191
233		-	registry. 192
234		-	(f) Upon completion of an investigation in which the department 193
235		-	determines that a community companion home licensee committed 194
236		-	substantiated abuse and neglect, the department shall notify such 195
237		-	community companion home licensee that his or her license may be 196
238		-	revoked and his or her name is to be placed on the registry. Any such 197
239		-	community companion home licensee may request an administrative 198
240		-	hearing to contest such license revocation and registry placement. Such 199
241		-	hearing shall be conducted in conjunction with a revocation hearing 200
242		-	requested pursuant to section 17a-227, as amended by this act. If such 201
243		-	community companion home licensee submits such a revocation 202
244		-	hearing request, the department shall not place such community 203
245		-	companion home licensee's name on the registry until the department 204
246		-	has completed the hearing and the hearing has resulted in a decision to 205
247		-	place the community companion home licensee's name on the registry. 206
248		-	[(f)] (g) The department shall remove a former [employee's] 207
249		-	employee, community companion home licensee or community 208
250		-	companion home designee's name from the registry (1) if an arbitration 209 Substitute Bill No. 7156
	227	+	LCO No. 5190 7 of 11
	228	+
	229	+	disorder, upon application to and approval by the commissioner, for 169
	230	+	purposes of conducting background checks on such volunteers. 170
	231	+	(d) The department shall limit responses to requests for identifying 171
	232	+	information from the registry established under this section to (1) 172
	233	+	identification of (A) the former employee terminated or separated from 173
	234	+	employment for substantiated abuse or neglect, (B) the community 174
	235	+	companion home licensee whose license has been revoked or 175
	236	+	surrendered for substantiated abuse or neglect, or (C) the community 176
	237	+	companion home designee against whom an authorized agency has 177
	238	+	made a finding substantiating abuse or neglect, and (2) the type of abuse 178
	239	+	or neglect so substantiated. 179
	240	+	(e) Not later than five business days [following] after receipt of 180
	241	+	written notification by an authorized agency of the substantiation of 181
	242	+	abuse or neglect by (1) a former employee who has been terminated or 182
	243	+	separated from employment for such abuse or neglect, (2) a community 183
	244	+	companion home licensee whose license has been revoked or 184
	245	+	surrendered as a result of such abuse or neglect, or (3) a community 185
	246	+	companion home designee, an employer or, in the case of a community 186
	247	+	companion home designee, a community companion home, shall 187
	248	+	submit to the department the name of such former employee or 188
	249	+	community companion home designee and such other information as 189
	250	+	the department may request. Upon receipt of any such notification, [of 190
	251	+	such termination or separation,] the department shall conduct a hearing 191
	252	+	in accordance with sections 4-177 to 4-181a, inclusive, governing 192
	253	+	contested cases. The department shall not place a former [employee's] 193
	254	+	employee, community companion home licensee or community 194
	255	+	companion home designee's name on the registry until the department 195
	256	+	has completed the hearing and the hearing has resulted in a decision to 196
	257	+	place the former [employee's] employee, community companion home 197
	258	+	licensee or community companion home designee's name on the 198
	259	+	registry. 199
	260	+	(f) Upon completion of an investigation in which the department 200
	261	+	Raised Bill No. 7156
251	262
252	263
253		-	LCO 8 of 11
254	264
255		-	or a legal proceeding results in a finding that the former employee was 210
256		-	unfairly terminated from employment, or (2) upon the submittal to the 211
257		-	department of such employee, community companion home licensee or 212
258		-	community companion home designee's death certificate. 213
259		-	[(g)] (h) No employer shall be liable in any civil action for damages 214
260		-	brought by an employee, former employee or an applicant for 215
261		-	employment whose name appears on the registry established by this 216
262		-	section arising out of the conduct of the employer in (1) making any 217
263		-	report in good faith pursuant to subsection (e) of this section, (2) 218
264		-	testifying under oath in any administrative or judicial proceeding 219
265		-	arising from such report, (3) refusing to hire or to retain any person 220
266		-	whose name appears on the registry established under this section, or 221
267		-	(4) taking any other action to conform to the requirements of this section. 222
268		-	The immunity provided in this subsection shall not apply to gross 223
269		-	negligence or to wilful or wanton misconduct. 224
270		-	Sec. 6. Subsection (g) of section 17a-227 of the general statutes is 225
271		-	repealed and the following is substituted in lieu thereof (Effective October 226
272		-	1, 2025): 227
273		-	(g) If the commissioner determines, after investigation of a report 228
274		-	received pursuant to the provisions of section 46a-11b, that a person, 229
275		-	firm or corporation licensed to operate a community living arrangement 230
276		-	or community companion home committed abuse or neglect against a 231
277		-	person receiving support or services from the department during a 232
278		-	licensure period, and such determination resulted in the revocation or 233
279		-	surrender of such person, firm or corporation's license, the 234
280		-	commissioner may disclose (1) the name of such person, firm or 235
281		-	corporation, (2) the date of such revocation or surrender, and (3) the 236
282		-	type of abuse or neglect committed to (A) authorized agencies, as 237
283		-	defined in section 17a-247a, as amended by this act, for the purpose of 238
284		-	protective service determinations, (B) employers whose employees 239
285		-	provide services to persons who receive support or services from the 240
286		-	department, [and] (C) the Departments of Children and Families, 241
287		-	Mental Health and Addiction Services, Social Services and 242 Substitute Bill No. 7156
	265	+	LCO No. 5190 8 of 11
	266	+
	267	+	determines that a community companion home licensee committed 201
	268	+	substantiated abuse and neglect, the department shall notify such 202
	269	+	community companion home licensee that his or her license may be 203
	270	+	revoked and his or her name is to be placed on the registry. Any such 204
	271	+	community companion home licensee may request an administrative 205
	272	+	hearing to contest such license revocation and registry placement. Such 206
	273	+	hearing shall be conducted in conjunction with a revocation hearing 207
	274	+	requested pursuant to section 17a-227, as amended by this act. If such 208
	275	+	community companion home licensee submits such a revocation 209
	276	+	hearing request, the department shall not place such community 210
	277	+	companion home licensee's name on the registry until the department 211
	278	+	has completed the hearing and the hearing has resulted in a decision to 212
	279	+	place the community companion home licensee's name on the registry. 213
	280	+	[(f)] (g) The department shall remove a former [employee's] 214
	281	+	employee, community companion home licensee or community 215
	282	+	companion home designee's name from the registry (1) if an arbitration 216
	283	+	or a legal proceeding results in a finding that the former employee was 217
	284	+	unfairly terminated from employment, or (2) upon the submittal to the 218
	285	+	department of such employee, community companion home licensee or 219
	286	+	community companion home designee's death certificate. 220
	287	+	[(g)] (h) No employer shall be liable in any civil action for damages 221
	288	+	brought by an employee, former employee or an applicant for 222
	289	+	employment whose name appears on the registry established by this 223
	290	+	section arising out of the conduct of the employer in (1) making any 224
	291	+	report in good faith pursuant to subsection (e) of this section, (2) 225
	292	+	testifying under oath in any administrative or judicial proceeding 226
	293	+	arising from such report, (3) refusing to hire or to retain any person 227
	294	+	whose name appears on the registry established under this section, or 228
	295	+	(4) taking any other action to conform to the requirements of this section. 229
	296	+	The immunity provided in this subsection shall not apply to gross 230
	297	+	negligence or to wilful or wanton misconduct. 231
	298	+	Sec. 6. Subsection (g) of section 17a-227 of the general statutes is 232
	299	+	Raised Bill No. 7156
288	300
289	301
290		-	LCO 9 of 11
291	302
292		-	Administrative Services for the purpose of making a determination on 243
293		-	an application for (i) employment with, or (ii) licensure or certification 244
294		-	as a provider for the Departments of Children and Families, Mental 245
295		-	Health and Addiction Services, Social Services and Developmental 246
296		-	Services, and (D) the Office of the Probate Court Administrator for the 247
297		-	purpose of making determinations on petitions for guardianship 248
298		-	pursuant to part V of chapter 802h appears on the registry. 249
299		-	Sec. 7. Subdivision (13) of subsection (g) of section 17a-28 of the 250
300		-	general statutes is repealed and the following is substituted in lieu 251
301		-	thereof (Effective October 1, 2025): 252
302		-	(13) The Department of Developmental Services, to allow said 253
303		-	department to determine eligibility, facilitate enrollment and plan for 254
304		-	the provision of services to a child who is a client of said department 255
305		-	and who is applying to enroll in or is enrolled in said department's 256
306		-	behavioral services program. At the time that a parent or guardian 257
307		-	completes an application for enrollment of a child in the Department of 258
308		-	Developmental Services' [behavioral] children's services program, or at 259
309		-	the time that said department updates a child's annual individualized 260
310		-	plan of care, said department shall notify such parent or guardian that 261
311		-	the Department of Children and Families may provide records to the 262
312		-	Department of Developmental Services for the purposes specified in this 263
313		-	subdivision without the consent of such parent or guardian; 264
314		-	Sec. 8. Subsection (c) of section 17a-238a of the general statutes is 265
315		-	repealed and the following is substituted in lieu thereof (Effective October 266
316		-	1, 2025): 267
317		-	(c) The Commissioner of Developmental Services shall report, in 268
318		-	accordance with the provisions of section 11-4a, at least annually, to the 269
319		-	joint standing committees of the General Assembly having cognizance 270
320		-	of matters relating to public health and appropriations and the budgets 271
321		-	of state agencies concerning the number of individuals determined by 272
322		-	the department to be eligible for funding or services from the 273
323		-	department and who (1) have unmet residential care needs, (2) have 274 Substitute Bill No. 7156
	303	+	LCO No. 5190 9 of 11
	304	+
	305	+	repealed and the following is substituted in lieu thereof (Effective October 233
	306	+	1, 2025): 234
	307	+	(g) If the commissioner determines, after investigation of a report 235
	308	+	received pursuant to the provisions of section 46a-11b, that a person, 236
	309	+	firm or corporation licensed to operate a community living arrangement 237
	310	+	or community companion home committed abuse or neglect against a 238
	311	+	person receiving support or services from the department during a 239
	312	+	licensure period, and such determination resulted in the revocation or 240
	313	+	surrender of such person, firm or corporation's license, the 241
	314	+	commissioner may disclose (1) the name of such person, firm or 242
	315	+	corporation, (2) the date of such revocation or surrender, and (3) the 243
	316	+	type of abuse or neglect committed to (A) authorized agencies, as 244
	317	+	defined in section 17a-247a, as amended by this act, for the purpose of 245
	318	+	protective service determinations, (B) employers whose employees 246
	319	+	provide services to persons who receive support or services from the 247
	320	+	department, [and] (C) the Departments of Children and Families, 248
	321	+	Mental Health and Addiction Services, Social Services and 249
	322	+	Administrative Services for the purpose of making a determination on 250
	323	+	an application for (i) employment with, or (ii) licensure or certification 251
	324	+	as a provider for the Departments of Children and Families, Mental 252
	325	+	Health and Addiction Services, Social Services and Developmental 253
	326	+	Services, and (D) the Office of the Probate Court Administrator for the 254
	327	+	purpose of making determinations on petitions for guardianship 255
	328	+	pursuant to part V of chapter 802h appears on the registry. 256
	329	+	Sec. 7. Subdivision (13) of subsection (g) of section 17a-28 of the 257
	330	+	general statutes is repealed and the following is substituted in lieu 258
	331	+	thereof (Effective October 1, 2025): 259
	332	+	(13) The Department of Developmental Services, to allow said 260
	333	+	department to determine eligibility, facilitate enrollment and plan for 261
	334	+	the provision of services to a child who is a client of said department 262
	335	+	and who is applying to enroll in or is enrolled in said department's 263
	336	+	behavioral services program. At the time that a parent or guardian 264
	337	+	Raised Bill No. 7156
324	338
325	339
326		-	LCO 10 of 11
327	340
328		-	unmet employment opportunity and day service needs, or (3) are 275
329		-	eligible for the department's [behavioral] children's services program 276
330		-	and are waiting for a funding allocation. The commissioner shall post 277
331		-	such report on the department's Internet web site. 278
332		-	Sec. 9. Subsection (i) of section 17b-261 of the general statutes is 279
333		-	repealed and the following is substituted in lieu thereof (Effective October 280
334		-	1, 2025): 281
335		-	(i) Medical assistance shall be provided, in accordance with the 282
336		-	provisions of subsection (e) of section 17a-6, to any child under the 283
337		-	supervision of the Commissioner of Children and Families who is not 284
338		-	receiving Medicaid benefits, has not yet qualified for Medicaid benefits 285
339		-	or is otherwise ineligible for such benefits. Medical assistance shall also 286
340		-	be provided to any child in the [behavioral] children's services program 287
341		-	operated by the Department of Developmental Services who is not 288
342		-	receiving Medicaid benefits, has not yet qualified for Medicaid benefits 289
343		-	or is otherwise ineligible for benefits. To the extent practicable, the 290
344		-	Commissioner of Children and Families and the Commissioner of 291
345		-	Developmental Services shall apply for, or assist such child in qualifying 292
346		-	for, the Medicaid program. 293
347		-	Sec. 10. Subsection (b) of section 17a-210 of the general statutes is 294
348		-	repealed and the following is substituted in lieu thereof (Effective from 295
349		-	passage): 296
350		-	(b) In the event of the death of a person with intellectual disability for 297
351		-	whom the department has direct or oversight responsibility for medical 298
352		-	care, the commissioner shall ensure that a comprehensive and timely 299
353		-	review of the events, overall care, quality of life issues and medical care 300
354		-	preceding such death is conducted by the department and shall, as 301
355		-	requested, provide information and assistance to the Independent 302
356		-	Mortality Review Board established by Executive Order No. 57 of 303
357		-	Governor Dannel P. Malloy. The commissioner shall report to the board 304
358		-	and the board shall review any death: (1) Involving an allegation of 305
359		-	abuse or neglect; (2) for which the Office of the Chief Medical Examiner 306 Substitute Bill No. 7156
	341	+	LCO No. 5190 10 of 11
	342	+
	343	+	completes an application for enrollment of a child in the Department of 265
	344	+	Developmental Services' [behavioral] children's services program, or at 266
	345	+	the time that said department updates a child's annual individualized 267
	346	+	plan of care, said department shall notify such parent or guardian that 268
	347	+	the Department of Children and Families may provide records to the 269
	348	+	Department of Developmental Services for the purposes specified in this 270
	349	+	subdivision without the consent of such parent or guardian; 271
	350	+	Sec. 8. Subsection (c) of section 17a-238a of the general statutes is 272
	351	+	repealed and the following is substituted in lieu thereof (Effective October 273
	352	+	1, 2025): 274
	353	+	(c) The Commissioner of Developmental Services shall report, in 275
	354	+	accordance with the provisions of section 11-4a, at least annually, to the 276
	355	+	joint standing committees of the General Assembly having cognizance 277
	356	+	of matters relating to public health and appropriations and the budgets 278
	357	+	of state agencies concerning the number of individuals determined by 279
	358	+	the department to be eligible for funding or services from the 280
	359	+	department and who (1) have unmet residential care needs, (2) have 281
	360	+	unmet employment opportunity and day service needs, or (3) are 282
	361	+	eligible for the department's [behavioral] children's services program 283
	362	+	and are waiting for a funding allocation. The commissioner shall post 284
	363	+	such report on the department's Internet web site. 285
	364	+	Sec. 9. Subsection (i) of section 17b-261 of the general statutes is 286
	365	+	repealed and the following is substituted in lieu thereof (Effective October 287
	366	+	1, 2025): 288
	367	+	(i) Medical assistance shall be provided, in accordance with the 289
	368	+	provisions of subsection (e) of section 17a-6, to any child under the 290
	369	+	supervision of the Commissioner of Children and Families who is not 291
	370	+	receiving Medicaid benefits, has not yet qualified for Medicaid benefits 292
	371	+	or is otherwise ineligible for such benefits. Medical assistance shall also 293
	372	+	be provided to any child in the [behavioral] children's services program 294
	373	+	operated by the Department of Developmental Services who is not 295
	374	+	Raised Bill No. 7156
360	375
361	376
362		-	LCO 11 of 11
363	377
364		-	or local medical examiner has accepted jurisdiction; (3) in which an 307
365		-	autopsy was performed; (4) which was sudden and unexpected; or (5) 308
366		-	in which the commissioner's review raises questions about the 309
367		-	appropriateness of care. The department's mortality review process and 310
368		-	the Independent Mortality Review Board shall operate in accordance 311
369		-	with the peer review provisions established under section 19a-17b for 312
370		-	medical review teams and confidentiality of records provisions 313
371		-	established under section 19a-25 for the Department of Public Health. 314
372		-	Each health care provider, as defined in section 19a-17b, shall, at the 315
373		-	request of the commissioner, and to the extent permissible under the 316
374		-	Health Insurance Portability and Accountability Act of 1996, P.L. 104-317
375		-	191, as amended from time to time, and any other federal law, provide 318
376		-	any information deemed necessary by the commissioner to complete a 319
377		-	review pursuant to the provisions of this subsection, provided the 320
378		-	commissioner, when making such a request, identifies any provision of 321
379		-	said act that allows a health care provider to provide such information 322
380		-	to the commissioner. 323
	378	+	LCO No. 5190 11 of 11
	379	+
	380	+	receiving Medicaid benefits, has not yet qualified for Medicaid benefits 296
	381	+	or is otherwise ineligible for benefits. To the extent practicable, the 297
	382	+	Commissioner of Children and Families and the Commissioner of 298
	383	+	Developmental Services shall apply for, or assist such child in qualifying 299
	384	+	for, the Medicaid program. 300
381	385		This act shall take effect as follows and shall amend the following
382	386		sections:
383	387
384	388		Section 1 from passage 20-14h(1)
385	389		Sec. 2 from passage 20-14i
386		-	Sec. 3 from passage 45a-~~677a~~(a)
	390	+	Sec. 3 from passage 45a-670(a)
387	391		Sec. 4 October 1, 2025 17a-247a
388	392		Sec. 5 October 1, 2025 17a-247b
389	393		Sec. 6 October 1, 2025 17a-227(g)
390	394		Sec. 7 October 1, 2025 17a-28(g)(13)
391	395		Sec. 8 October 1, 2025 17a-238a(c)
392	396		Sec. 9 October 1, 2025 17b-261(i)
393		-	Sec. 10 from passage 17a-210(b)
394	397
395		-	Statement of Legislative Commissioners:
396		-	In Section 1, "but does not include" was changed to "but does not mean"
397		-	for clarity.
	398	+	Statement of Purpose:
	399	+	To implement various revisions to developmental services statutes.
398	400
399		-	PH Joint Favorable Subst.
	401	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	402	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	403	+	underlined.]
400	404