LCO No. 4940 1 of 15 General Assembly Committee Bill No. 985 January Session, 2025 LCO No. 4940 Referred to Committee on HUMAN SERVICES Introduced by: (HS) AN ACT CONCERNING LEGISLATIVE APPROVAL FOR CHANGES TO THE HUSKY HEALTH PROGRAM REIMBURSEMENT AND CARE DELIVERY MODEL. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2025) (a) The Commissioner of 1 Social Services shall submit any proposal to change the fee-for-service 2 Medicaid payment model to a managed care payment model to the joint 3 standing committees of the General Assembly having cognizance of 4 matters relating to human services and appropriations and the budgets 5 of state agencies for approval, denial or modification before 6 implementing such change or seeking any necessary federal approval to 7 implement such change. Not later than sixty days after the date of their 8 receipt of such proposal, said joint standing committees shall hold a 9 public hearing on the proposal. Not later than thirty days before such 10 hearing, said joint standing committees shall inform the commissioner, 11 in writing, of the date and time of such hearing and invite the 12 commissioner to testify on the reasons for such proposal, including, but 13 not limited to, (1) any costs or benefits to the state, (2) the expected 14 impact on care provided to Medicaid recipients, and (3) the expected 15 impact on Medicaid reimbursements to providers of such care. At the 16 Committee Bill No. 985 LCO No. 4940 2 of 15 conclusion of such hearing, said joint standing committees shall advise 17 the commissioner of their approval, denial or modifications, if any, of 18 the commissioner's proposal. If said joint standing committees advise 19 the commissioner of their denial, the commissioner shall not implement 20 the proposal or seek any necessary federal approval to implement the 21 proposal. 22 (b) If said joint standing committees do not concur, the committee 23 chairpersons shall appoint a committee of conference, which shall be 24 composed of three members from each joint standing committee. At 25 least one member appointed from each joint standing committee shall 26 be a member of the minority party. The report of the committee of 27 conference shall be made to each joint standing committee, which shall 28 vote to accept or reject the report. The report of the committee of 29 conference may not be amended. If one joint standing committee rejects 30 the report of the committee of conference, the proposal shall be deemed 31 denied. If said joint standing committees accept the report, the 32 committee having cognizance of matters relating to appropriations and 33 the budgets of state agencies shall advise the commissioner of their 34 approval, denial or modifications, if any, of the commissioner's 35 proposal. If said joint standing committees do not so advise the 36 commissioner during the thirty-day period, the proposal shall be 37 deemed denied. 38 (c) Any application for a federal waiver, waiver renewal or proposed 39 Medicaid state plan amendment submitted to the federal government 40 by the commissioner to implement a proposal under subsection (a) of 41 this section shall be in accordance with the approval or modifications, if 42 any, of the joint standing committees of the General Assembly having 43 cognizance of matters relating to human services and appropriations 44 and the budgets of state agencies. 45 (d) Thirty days prior to submission of such proposal to said joint 46 standing committees pursuant to subsection (a) of this section, the 47 Commissioner of Social Services shall post a notice that the 48 Committee Bill No. 985 LCO No. 4940 3 of 15 commissioner intends to seek approval for such proposal on the 49 Department of Social Services' Internet web site, along with a summary 50 of the provisions of such proposal and the manner in which individuals 51 may submit comments. The commissioner shall allow thirty days for 52 written comments on such proposal and shall include all written 53 comments with the submission of such proposal to said joint standing 54 committees. 55 (e) The commissioner shall include with any application for federal 56 approval of such proposal: (1) Any written comments received pursuant 57 to subsection (d) of this section; and (2) any additional written 58 comments submitted to said joint standing committees at such 59 proceedings. Said joint standing committees shall transmit any such 60 materials to the commissioner for inclusion with any such application 61 for federal approval. 62 Sec. 2. Subsection (a) of section 17a-460c of the general statutes is 63 repealed and the following is substituted in lieu thereof (Effective July 1, 64 2025): 65 (a) The center, when authorized by the commissioner, may enter into 66 provider agreements and other contractual arrangements with the 67 Medicaid fee-for-service program and Medicare managed care plans, 68 governmental health plans, health maintenance organizations, health 69 insurance plans, employer and union health plans, preferred provider 70 organizations, physician-hospital organizations, managed care plans, 71 networks and other similar arrangements or plans offered by insurers, 72 third-party payers or other entities offering health care plans to their 73 members or employees and their dependents. 74 Sec. 3. Section 17b-28 of the general statutes is repealed and the 75 following is substituted in lieu thereof (Effective July 1, 2025): 76 (a) There is established a Council on Medical Assistance Program 77 Oversight which shall advise the Commissioner of Social Services on the 78 planning and implementation of the health care delivery system for the 79 Committee Bill No. 985 LCO No. 4940 4 of 15 HUSKY Health program. The council shall monitor planning and 80 implementation of matters related to Medicaid care management 81 initiatives including, but not limited to, (1) eligibility standards, (2) 82 benefits, (3) access, (4) quality assurance, (5) outcome measures, and (6) 83 the issuance of any request for proposal by the Department of Social 84 Services for utilization of an administrative services organization in 85 connection with such initiatives. 86 [(b) On or before June 30, 2011, the council shall be composed of the 87 chairpersons and ranking members of the joint standing committees of 88 the General Assembly having cognizance of matters relating to human 89 services, public health and appropriations and the budgets of state 90 agencies, or their designees; two members of the General Assembly, one 91 to be appointed by the president pro tempore of the Senate and one to 92 be appointed by the speaker of the House of Representatives; the 93 director of the Commission on Aging, or a designee; the director of the 94 Commission on Children, or a designee; a representative of each 95 organization that has been selected by the state to provide managed care 96 and a representative of a primary care case management provider, to be 97 appointed by the president pro tempore of the Senate; two 98 representatives of the insurance industry, to be appointed by the 99 speaker of the House of Representatives; two advocates for persons 100 receiving Medicaid, one to be appointed by the majority leader of the 101 Senate and one to be appointed by the minority leader of the Senate; one 102 advocate for persons with substance use disorders, to be appointed by 103 the majority leader of the House of Representatives; one advocate for 104 persons with psychiatric disabilities, to be appointed by the minority 105 leader of the House of Representatives; two advocates for the 106 Department of Children and Families foster families, one to be 107 appointed by the president pro tempore of the Senate and one to be 108 appointed by the speaker of the House of Representatives; two members 109 of the public who are currently recipients of Medicaid, one to be 110 appointed by the majority leader of the House of Representatives and 111 one to be appointed by the minority leader of the House of 112 Representatives; two representatives of the Department of Social 113 Committee Bill No. 985 LCO No. 4940 5 of 15 Services, to be appointed by the Commissioner of Social Services; two 114 representatives of the Department of Public Health, to be appointed by 115 the Commissioner of Public Health; two representatives of the 116 Department of Mental Health and Addiction Services, to be appointed 117 by the Commissioner of Mental Health and Addiction Services; two 118 representatives of the Department of Children and Families, to be 119 appointed by the Commissioner of Children and Families; two 120 representatives of the Office of Policy and Management, to be appointed 121 by the Secretary of the Office of Policy and Management; and one 122 representative of the office of the State Comptroller, to be appointed by 123 the State Comptroller. 124 (c) On and after October 31, 2017, the] 125 (b) The council shall be composed of the following members: 126 (1) The chairpersons and ranking members of the joint standing 127 committees of the General Assembly having cognizance of matters 128 relating to aging, human services, public health and appropriations and 129 the budgets of state agencies, or their designees; 130 (2) Five appointed by the speaker of the House of Representatives, 131 one of whom shall be a member of the General Assembly, one of whom 132 shall be a community provider of adult Medicaid health services, one of 133 whom shall be a recipient of Medicaid benefits for the aged, blind and 134 disabled or an advocate for such a recipient, one of whom shall be a 135 representative of the state's federally qualified health clinics and one of 136 whom shall be a member of the Connecticut Hospital Association; 137 (3) Five appointed by the president pro tempore of the Senate, one of 138 whom shall be a member of the General Assembly, one of whom shall 139 be a representative of the home health care industry, one of whom shall 140 be a primary care medical home provider, one of whom shall be an 141 advocate for Department of Children and Families foster families and 142 one of whom shall be a representative of the business community with 143 experience in cost efficiency management; 144 Committee Bill No. 985 LCO No. 4940 6 of 15 (4) Three appointed by the majority leader of the House of 145 Representatives, one of whom shall be an advocate for persons with 146 substance abuse disabilities, one of whom shall be a Medicaid dental 147 provider and one of whom shall be a representative of the for-profit 148 nursing home industry; 149 (5) Three appointed by the majority leader of the Senate, one of whom 150 shall be a representative of school-based health centers, one of whom 151 shall be a recipient of benefits under the HUSKY Health program and 152 one of whom shall be a physician who serves Medicaid clients; 153 (6) Three appointed by the minority leader of the House of 154 Representatives, one of whom shall be an advocate for persons with 155 disabilities, one of whom shall be a dually eligible Medicaid-Medicare 156 beneficiary or an advocate for such a beneficiary and one of whom shall 157 be a representative of the not-for-profit nursing home industry; 158 (7) Three appointed by the minority leader of the Senate, one of 159 whom shall be a low-income adult recipient of Medicaid benefits or an 160 advocate for such a recipient, one of whom shall be a representative of 161 hospitals and one of whom shall be a representative of the business 162 community with experience in cost efficiency management; 163 (8) The executive director of the Commission on Women, Children, 164 Seniors, Equity and Opportunity, or the executive director's designee; 165 (9) A member of the Commission on Women, Children, Seniors, 166 Equity and Opportunity, designated by the executive director of said 167 commission; 168 (10) A representative of the Long-Term Care Advisory Council; 169 (11) The Commissioners of Social Services, Children and Families, 170 Public Health, Developmental Services, Aging and Disability Services 171 and Mental Health and Addiction Services, or their designees, who shall 172 be ex-officio nonvoting members; 173 Committee Bill No. 985 LCO No. 4940 7 of 15 (12) The Comptroller, or the Comptroller's designee, who shall be an 174 ex-officio nonvoting member; 175 (13) The Secretary of the Office of Policy and Management, or the 176 secretary's designee, who shall be an ex-officio nonvoting member; and 177 (14) One representative of an administrative services organization 178 which contracts with the Department of Social Services in the 179 administration of the Medicaid program, who shall be a nonvoting 180 member. 181 [(d)] (c) The council shall choose a chairperson from among its 182 members. The Joint Committee on Legislative Management shall 183 provide administrative support to such chairperson. 184 [(e)] (d) The council shall monitor and make recommendations 185 concerning: (1) An enrollment process that ensures access for the 186 HUSKY Health program and effective outreach and client education for 187 said program; (2) available services comparable to those already in the 188 Medicaid state plan, including those guaranteed under the federal Early 189 and Periodic Screening, Diagnostic and Treatment Services Program 190 under 42 USC 1396d; (3) the sufficiency of accessible adult and child 191 primary care providers, specialty providers and hospitals in Medicaid 192 provider networks; (4) the sufficiency of provider rates to maintain the 193 Medicaid network of providers and service access; (5) funding and 194 agency personnel resources to guarantee timely access to services and 195 effective management of the Medicaid program; (6) participation in care 196 management programs including, but not limited to, medical home and 197 health home models by existing community Medicaid providers; (7) the 198 linguistic and cultural competency of providers and other program 199 facilitators and data on the provision of Medicaid linguistic translation 200 services; (8) program quality, including outcome measures and 201 continuous quality improvement initiatives that may include provider 202 quality performance incentives and performance targets for 203 administrative services organizations; (9) timely, accessible and 204 effective client grievance procedures; (10) coordination of the Medicaid 205 Committee Bill No. 985 LCO No. 4940 8 of 15 care management programs with state and federal health care reforms; 206 (11) eligibility levels for inclusion in the programs; (12) enrollee cost-207 sharing provisions; (13) a benefit package for the HUSKY Health 208 program; (14) coordination of coverage continuity among Medicaid 209 programs and integration of care, including, but not limited to, 210 behavioral health, dental and pharmacy care provided through 211 programs administered by the Department of Social Services; and (15) 212 the need for program quality studies within the areas identified in this 213 section and the department's application for available grant funds for 214 such studies. The chairperson of the council shall ensure that sufficient 215 members of the council participate in the review of any contract entered 216 into by the Department of Social Services and an administrative services 217 organization. 218 [(f)] (e) The Commissioner of Social Services may, in consultation 219 with an educational institution, apply for any available funding, 220 including federal funding, to support Medicaid care management 221 programs. 222 [(g)] (f) The Commissioner of Social Services shall provide monthly 223 reports to the council on the matters described in subsection [(e)] (d) of 224 this section, including, but not limited to, policy changes and proposed 225 regulations that affect Medicaid health services. The commissioner shall 226 also provide the council with quarterly financial reports for each 227 covered Medicaid population which reports shall include a breakdown 228 of sums expended for each covered population. 229 [(h)] (g) The council shall biannually report on its activities and 230 progress to the General Assembly. 231 [(i)] (h) There is established, within the Council on Medical 232 Assistance Program Oversight, a standing subcommittee to study and 233 make recommendations to the council on children and adults who have 234 complex health care needs. The subcommittee shall consist of council 235 members appointed by the chairpersons of the council and other 236 individuals who shall serve for terms prescribed by the cochairpersons 237 Committee Bill No. 985 LCO No. 4940 9 of 15 to advise the council on specific needs of children and adults with 238 complex health care needs. For the purposes of completing the reports 239 required pursuant to subparagraphs (A) and (B) of this subsection, such 240 individuals shall include, but need not be limited to: (1) The Child 241 Advocate, or the Child Advocate's designee; (2) a family or child 242 advocate; (3) the executive director of the Council on Developmental 243 Disabilities, or the executive director's designee; (4) the executive 244 director of the Connecticut Association of Public School 245 Superintendents, or the executive director's designee; (5) an expert in 246 the diagnosis, evaluation, education and treatment of children and 247 young adults with developmental disabilities; and (6) the Healthcare 248 Advocate, or the Healthcare Advocate's designee. The subcommittee 249 shall submit the following reports, in accordance with section 11-4a to 250 the council, the Governor and the joint standing committees of the 251 General Assembly having cognizance of matters relating to children, 252 human services and public health regarding the efficacy of support 253 systems for children and young adults, not older than twenty-one years 254 of age, with developmental disabilities and with or without co-255 occurring mental health conditions: 256 (A) Not later than July 1, 2017, recommendations including, but not 257 limited to: (i) Metrics for evaluating the quality of state-funded services 258 to such children and young adults that can be utilized by state agencies 259 that fund such services; (ii) statutory changes needed to promote 260 effective service delivery for such children and young adults and their 261 families; and (iii) any other changes needed to address gaps in services 262 identified by the subcommittee or council with respect to such children, 263 young adults and their families; and 264 (B) Not later than January 1, 2018, an assessment of: (i) Early 265 intervention services available to such children and young adults in this 266 state; (ii) the system of community-based services for such children and 267 young adults; (iii) the treatment provided by congregate care settings 268 that are operated privately or by the state and provide residential 269 supports and services to such children and young adults and how the 270 Committee Bill No. 985 LCO No. 4940 10 of 15 quality of care is measured; and (iv) how the state Department of 271 Education, local boards of education, the Department of Children and 272 Families, the Department of Developmental Services and other 273 appropriate agencies can work collaboratively to improve educational, 274 developmental, medical and behavioral health outcomes for such 275 children and young adults and reduce the number at risk of entering 276 institutional care. As used in this subsection, "developmental disability" 277 means a severe, chronic disability of an individual, as defined in 42 USC 278 15002, as amended from time to time. 279 Sec. 4. Section 17b-28h of the general statutes is repealed and the 280 following is substituted in lieu thereof (Effective July 1, 2025): 281 The Commissioner of Social Services may, to the extent permitted by 282 federal law, amend the Medicaid state plan to establish a pilot program 283 that serves not more than five hundred persons served by Oak Hill - The 284 Connecticut Institute for the Blind, Inc. who are eligible for Medicare 285 and who voluntarily agree to participate in the program. Such program 286 shall be designed to demonstrate the feasibility and cost effectiveness of 287 delivering comprehensive health insurance coverage [in a managed care 288 setting] to such persons. The commissioner may include medical 289 assistance services in the program not covered on October 5, 2009, in the 290 state medical assistance program or other modifications to the state 291 medical assistance program to encourage voluntary participation in the 292 pilot program. 293 Sec. 5. Subsection (b) of section 17b-90 of the general statutes is 294 repealed and the following is substituted in lieu thereof (Effective July 1, 295 2025): 296 (b) No person shall, except for purposes directly connected with the 297 administration of programs of the Department of Social Services and in 298 accordance with the regulations of the commissioner, solicit, disclose, 299 receive or make use of, or authorize, knowingly permit, participate in or 300 acquiesce in the use of, any list of the names of, or any information 301 concerning, persons applying for or receiving assistance from the 302 Committee Bill No. 985 LCO No. 4940 11 of 15 Department of Social Services or persons participating in a program 303 administered by said department, directly or indirectly derived from 304 the records, papers, files or communications of the state or its 305 subdivisions or agencies, or acquired in the course of the performance 306 of official duties. The Commissioner of Social Services shall disclose (1) 307 to any authorized representative of the Labor Commissioner such 308 information directly related to unemployment compensation, 309 administered pursuant to chapter 567 or information necessary for 310 implementation of sections 17b-112l, 17b-688b, 17b-688c and 17b-688h 311 and section 122 of public act 97-2 of the June 18 special session, (2) to 312 any authorized representative of the Commissioner of Mental Health 313 and Addiction Services any information necessary for the 314 implementation and operation of the basic needs supplement program, 315 (3) to any authorized representative of the Commissioner of 316 Administrative Services or the Commissioner of Emergency Services 317 and Public Protection such information as the Commissioner of Social 318 Services determines is directly related to and necessary for the 319 Department of Administrative Services or the Department of 320 Emergency Services and Public Protection for purposes of performing 321 their functions of collecting social services recoveries and overpayments 322 or amounts due as support in social services cases, investigating social 323 services fraud or locating absent parents of public assistance recipients, 324 (4) to any authorized representative of the Commissioner of Children 325 and Families necessary information concerning a child or the immediate 326 family of a child receiving services from the Department of Social 327 Services, including safety net services, if (A) the Commissioner of 328 Children and Families or the Commissioner of Social Services has 329 determined that imminent danger to such child's health, safety or 330 welfare exists to target the services of the family services programs 331 administered by the Department of Children and Families, or (B) the 332 Commissioner of Children and Families requires access to the federal 333 Parent Locator Service established pursuant to 42 USC 653 in order to 334 identify a parent or putative parent of a child, (5) to a town official or 335 other contractor or authorized representative of the Labor 336 Committee Bill No. 985 LCO No. 4940 12 of 15 Commissioner such information concerning an applicant for or a 337 recipient of assistance under state-administered general assistance 338 deemed necessary by the Commissioner of Social Services and the Labor 339 Commissioner to carry out their respective responsibilities to serve such 340 persons under the programs administered by the Labor Department 341 that are designed to serve applicants for or recipients of state-342 administered general assistance, (6) to any authorized representative of 343 the Commissioner of Mental Health and Addiction Services for the 344 purposes of the behavioral health [managed care] program established 345 by section 17a-453, (7) to any authorized representative of the 346 Commissioner of Early Childhood to carry out his or her respective 347 responsibilities under the two-generational academic achievement and 348 workforce readiness initiative established pursuant to section 17b-112l 349 and programs that regulate child care services or youth camps, (8) to a 350 health insurance provider, in IV-D support cases, as defined in 351 subdivision (13) of subsection (b) of section 46b-231, information 352 concerning a child and the custodial parent of such child that is 353 necessary to enroll such child in a health insurance plan available 354 through such provider when the noncustodial parent of such child is 355 under court order to provide health insurance coverage but is unable to 356 provide such information, provided the Commissioner of Social 357 Services determines, after providing prior notice of the disclosure to 358 such custodial parent and an opportunity for such parent to object, that 359 such disclosure is in the best interests of the child, (9) to any authorized 360 representative of the Department of Correction, in IV-D support cases, 361 as defined in subdivision (13) of subsection (b) of section 46b-231, 362 information concerning noncustodial parents that is necessary to 363 identify inmates or parolees with IV-D support cases who may benefit 364 from Department of Correction educational, training, skill building, 365 work or rehabilitation programming that will significantly increase an 366 inmate's or parolee's ability to fulfill such inmate's support obligation, 367 (10) to any authorized representative of the Judicial Branch, in IV-D 368 support cases, as defined in subdivision (13) of subsection (b) of section 369 46b-231, information concerning noncustodial parents that is necessary 370 Committee Bill No. 985 LCO No. 4940 13 of 15 to: (A) Identify noncustodial parents with IV-D support cases who may 371 benefit from educational, training, skill building, work or rehabilitation 372 programming that will significantly increase such parent's ability to 373 fulfill such parent's support obligation, (B) assist in the administration 374 of the Title IV-D child support program, or (C) assist in the identification 375 of cases involving family violence, (11) to any authorized representative 376 of the State Treasurer, in IV-D support cases, as defined in subdivision 377 (13) of subsection (b) of section 46b-231, information that is necessary to 378 identify child support obligors who owe overdue child support prior to 379 the Treasurer's payment of such obligors' claim for any property 380 unclaimed or presumed abandoned under part III of chapter 32, (12) to 381 any authorized representative of the Secretary of the Office of Policy and 382 Management any information necessary for the implementation and 383 operation of the renters rebate program established by section 12-170d, 384 or (13) to any authorized representative of the Department of Aging and 385 Disability Services, or to an area agency on aging contracting with said 386 department to provide services under the elderly nutrition program, 387 information on persons enrolled in the supplemental nutrition 388 assistance program who have requested or been recommended to 389 receive elderly nutrition program services. No such representative shall 390 disclose any information obtained pursuant to this section, except as 391 specified in this section. Any applicant for assistance provided through 392 the Department of Social Services shall be notified that, if and when such 393 applicant receives benefits, the department will be providing law 394 enforcement officials with the address of such applicant upon the 395 request of any such official pursuant to section 17b-16a. 396 Sec. 6. Section 17b-265c of the general statutes is repealed and the 397 following is substituted in lieu thereof (Effective July 1, 2025): 398 The Commissioner of Social Services, to the extent permitted by 399 federal law, shall amend the Medicaid state plan to establish a pilot 400 program serving not more than five hundred elderly or disabled state 401 medical assistance recipients who are also eligible for Medicare and who 402 voluntarily opt to participate in the program. Such program shall 403 Committee Bill No. 985 LCO No. 4940 14 of 15 demonstrate the feasibility and cost effectiveness of delivering 404 comprehensive health insurance coverage [in a managed care setting] to 405 such recipients. The commissioner may include medical assistance 406 services in the pilot program not presently covered in the state medical 407 assistance program or other modifications to the state medical assistance 408 program to encourage voluntary participation in the pilot program. 409 Sec. 7. Section 17b-10a of the general statutes is repealed and the 410 following is substituted in lieu thereof (Effective July 1, 2025): 411 The Commissioner of Social Services, pursuant to section 17b-10, may 412 implement policies and procedures necessary to administer [section 413 17b-197, subsection (d) of section 17b-266, section] sections 17b-197, 17b-414 280a and subsection (a) of section 17b-295, while in the process of 415 adopting such policies and procedures as regulation, provided the 416 commissioner prints notice of intent to adopt regulations on the 417 department's Internet web site and the eRegulations System not later 418 than twenty days after the date of implementation. Policies and 419 procedures implemented pursuant to this section shall be valid until the 420 time final regulations are adopted. 421 Sec. 8. Sections 17b-28b and 17b-266 of the general statutes are 422 repealed. (Effective July 1, 2025) 423 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2025 New section Sec. 2 July 1, 2025 17a-460c(a) Sec. 3 July 1, 2025 17b-28 Sec. 4 July 1, 2025 17b-28h Sec. 5 July 1, 2025 17b-90(b) Sec. 6 July 1, 2025 17b-265c Sec. 7 July 1, 2025 17b-10a Sec. 8 July 1, 2025 Repealer section Committee Bill No. 985 LCO No. 4940 15 of 15 Statement of Purpose: To require legislative approval for changes to the HUSKY Health program reimbursement and care delivery model. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors: SEN. LOONEY, 11th Dist. S.B. 985