Connecticut 2025 Regular Session

Connecticut Senate Bill SB01280 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 1 of 4
	3	+	LCO No. 4355 1 of 4
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5		-	General Assembly ~~Substitute~~ Bill No. 1280
	5	+	General Assembly Raised Bill No. 1280
6	6		January Session, 2025
	7	+	LCO No. 4355
7	8
	9	+
	10	+	Referred to Committee on AGING
	11	+
	12	+
	13	+	Introduced by:
	14	+	(AGE)
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10	17		AN ACT CONCERNING THE RESPONSIBILITIES OF THE
11	18		COMMUNITY OMBUDSMAN PROGRAM.
12	19		Be it enacted by the Senate and House of Representatives in General
13	20		Assembly convened:
14	21
15	22		Section 1. Section 17a-886 of the general statutes is repealed and the 1
16	23		following is substituted in lieu thereof (Effective July 1, 2025): 2
17	24		(a) As used in this section, (1) "authorized representative" means a 3
18	25		person designated by a home care client, in writing, to act on such 4
19	26		client's behalf, including, but not limited to, a health care representative 5
20	27		appointed pursuant to section 19a-575a or 19a-577; (2) "home care" 6
21	28		means long-term services and supports provided to adults in a home or 7
22	29		community-based program administered by the Department of Social 8
23	30		Services; (3) "home care provider" means a person or organization, 9
24	31		including, but not limited to, (A) a home health agency or hospice 10
25	32		agency, as defined in section 19a-490, [or] (B) a homemaker-companion 11
26	33		agency, as defined in section 20-670, or (C) any individual offering long-12
27	34		term services and supports directly, whether formally or informally; 13
28	35		and (4) ["long-term services and supports" means (A) health, health-14
29	36		related, personal care and social services provided to persons with 15
30	37		physical, cognitive or mental health conditions or disabilities to facilitate 16
31	38		optimal functioning and quality of life, or (B) hospice care provided to 17
	39	+	Raised Bill No. 1280
	40	+
	41	+
	42	+
	43	+	LCO No. 4355 2 of 4
	44	+
32	45		persons who may be nearing the end of their lives] "home and 18
33	46		community-based long-term services and supports" means a 19
34		-	comprehensive array of health, personal care and supportive services, 20 Substitute Bill No. 1280
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36		-
37		-	LCO 2 of 4
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39		-	including, but not limited to, services and supports offered through (A) 21
40		-	community-based programs administered by the Department of Social 22
41		-	Services, and (B) a home care provider to a person with physical, 23
42		-	cognitive or mental health conditions to (i) enhance such person's 24
43		-	quality of life, (ii) facilitate optimal functioning, and (iii) support 25
44		-	independent living in the setting of such person's choice. 26
	47	+	comprehensive array of health, personal care and supportive services, 20
	48	+	including, but not limited to, such services offered through community-21
	49	+	based programs administered by the Department of Social Services and 22
	50	+	services relating to end-of-life care, provided by a home care provider 23
	51	+	to a person with physical, cognitive or mental health conditions to 24
	52	+	enhance such person's quality of life, facilitate optimal functioning and 25
	53	+	support independent living in the setting of such person's choice. 26
45	54		(b) There is established a Community Ombudsman program within 27
46	55		the independent Office of the Long-Term Care Ombudsman, 28
47	56		established pursuant to section 17a-405. Not later than October 1, 2022, 29
48	57		the State Ombudsman appointed pursuant to said section shall, within 30
49	58		available appropriations, appoint a Community Ombudsman who shall 31
50	59		have access to data pertaining to home and community-based long-term 32
51	60		services and supports [provided by a home care provider] to a client, 33
52	61		including, but not limited to, medical, social and other data relating to 34
53	62		such client, provided (1) such client or such client's authorized 35
54	63		representative provides written consent to such access, (2) if such client 36
55	64		is incapable of providing such consent due to a physical, cognitive or 37
56	65		mental health condition or disability, the client communicates consent 38
57	66		orally, visually or through the use of auxiliary aids and services, or (3) 39
58	67		if such client is incapable of providing such consent as described in 40
59	68		subdivision (2) of this subsection, and has no authorized representative, 41
60	69		the Community Ombudsman determines the data is necessary to 42
61	70		investigate a complaint concerning such client's care. 43
62	71		(c) The Community Ombudsman program may: 44
63	72		(1) Identify, investigate, refer and resolve complaints about home 45
64	73		[care services] and community-based long-term services and supports; 46
65	74		(2) Raise public awareness about home [care and the program] and 47
66	75		community-based long-term services and supports; 48
	76	+	Raised Bill No. 1280
	77	+
	78	+
	79	+
	80	+	LCO No. 4355 3 of 4
	81	+
67	82		(3) Promote access to home [care services] and community-based 49
68	83		long-term services and supports; 50
69		-	(4) Advocate for long-term care options; 51 Substitute Bill No. 1280
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72		-	LCO 3 of 4
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	84	+	(4) Advocate for long-term care options; 51
74	85		(5) Coach individuals in self advocacy; and 52
75	86		(6) Provide referrals to [home care] clients receiving home and 53
76	87		community-based long-term services and supports for legal, housing 54
77	88		and social services. 55
78	89		(d) The Office of the Long-Term Care Ombudsman shall oversee the 56
79	90		Community Ombudsman program and provide administrative and 57
80	91		organizational support by: 58
81	92		(1) Developing and implementing a public awareness strategy about 59
82	93		the Community Ombudsman program; 60
83	94		(2) Applying for, or working in collaboration with other state 61
84	95		agencies to apply for, available federal funding for Community 62
85	96		Ombudsman services; 63
86	97		(3) Collaborating with persons administering other state programs 64
87	98		and services to design and implement an agenda to promote the rights 65
88	99		of elderly persons and persons with disabilities; 66
89	100		(4) Providing information to public and private agencies, elected and 67
90	101		appointed officials, the media and other persons regarding the problems 68
91	102		and concerns of older adults and people with disabilities receiving home 69
92	103		care; 70
93	104		(5) Advocating for improvements in the home and community-based 71
94	105		long-term services and supports system; and 72
95	106		(6) Recommending changes in federal, state and local laws, 73
96	107		regulations, policies and actions pertaining to the health, safety, welfare 74
97	108		and rights of people receiving home care. 75
	109	+	Raised Bill No. 1280
	110	+
	111	+
	112	+
	113	+	LCO No. 4355 4 of 4
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98	115		(e) Not later than December 1, 2023, and annually thereafter, the State 76
99	116		Ombudsman shall submit a report, in accordance with the provisions of 77
100	117		section 11-4a, to the joint standing committees of the General Assembly 78
101	118		having cognizance of matters relating to aging, human services and 79
102		-	public health on (1) implementation of the public awareness strategy 80 Substitute Bill No. 1280
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105		-	LCO 4 of 4
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	119	+	public health on (1) implementation of the public awareness strategy 80
107	120		relating to the Community Ombudsman program, (2) the number of 81
108	121		persons served in the program, (3) the number of complaints regarding 82
109		-	home [care] and community-based long-term services and supports 83
110		-	filed with the program, (4) the disposition of such complaints, and (5) 84
111		-	any gaps in services and resources needed to address such gaps. 85
112		-	(f) The State Ombudsman and the Community Ombudsman shall 86
113		-	ensure that any health data obtained pursuant to subsection (b) of this 87
114		-	section relating to a [home care] client receiving home and community-88
115		-	based long-term services and supports is protected in accordance with 89
116		-	the Health Insurance Portability and Accountability Act of 1996, P.L. 90
117		-	104-191, as amended from time to time. 91
118		-	(g) The State Ombudsman may assign a regional community 92
119		-	ombudsman the duties and responsibilities of a regional ombudsman 93
120		-	for the Office of the Long-Term Care Ombudsman, as deemed necessary 94
121		-	by the State Ombudsman. 95
	122	+	home care filed with the program, (4) the disposition of such complaints, 83
	123	+	and (5) any gaps in services and resources needed to address such gaps. 84
	124	+	(f) The State Ombudsman and the Community Ombudsman shall 85
	125	+	ensure that any health data obtained pursuant to subsection (b) of this 86
	126	+	section relating to a [home care] client receiving home and community-87
	127	+	based long-term services and supports is protected in accordance with 88
	128	+	the Health Insurance Portability and Accountability Act of 1996, P.L. 89
	129	+	104-191, as amended from time to time. 90
	130	+	(g) The State Ombudsman may assign a regional community 91
	131	+	ombudsman the duties and responsibilities of a regional ombudsman 92
	132	+	for the Office of the Long-Term Care Ombudsman, as deemed necessary 93
	133	+	by the State Ombudsman. 94
122	134		This act shall take effect as follows and shall amend the following
123	135		sections:
124	136
125	137		Section 1 July 1, 2025 17a-886
126	138
127		-	Statement of Legislative Commissioners:
128		-	Subsec. (a)(4) was redrafted for clarity, and in Subsec. (e)(3), "home care"
129		-	was changed to "home [care] and community-based long-term services
130		-	and supports" for internal consistency.
	139	+	Statement of Purpose:
	140	+	To allow the Community Ombudsman program to oversee home and
	141	+	community-based long-term services and supports.
131	142
132		-	AGE Joint Favorable Subst. -LCO
	143	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	144	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	145	+	underlined.]
133	146