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repealed and the following is substituted in lieu thereof (Effective from 2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 Section 20-14i of the general statutes is repealed and the 9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