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 Section 17a-886 of the general statutes is repealed and the 1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