Connecticut 2025 Regular Session

Connecticut Senate Bill SB01359 Compare Versions

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5-General Assembly Substitute Bill No. 1359
5+General Assembly Raised Bill No. 1359
66 January Session, 2025
7+LCO No. 5106
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9+
10+Referred to Committee on HUMAN SERVICES
11+
12+
13+Introduced by:
14+(HS)
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1219 AN ACT CONCERNING VARIOUS REVISIONS TO STATUTES
1320 CONCERNING THE DEPARTMENT OF SOCIAL SERVICES.
1421 Be it enacted by the Senate and House of Representatives in General
1522 Assembly convened:
1623
1724 Section 1. Subsection (d) of section 52-362d of the general statutes is 1
1825 repealed and the following is substituted in lieu thereof (Effective from 2
1926 passage): 3
2027 (d) Whenever an order of the Superior Court or a family support 4
2128 magistrate of this state, or an order of another state that has been 5
2229 registered in this state, for support of a minor child or children is issued 6
2330 and such payments have been ordered through the IV-D agency, or 7
2431 when a request from another state for assistance enforcing an order that 8
2532 has not been registered in this state is received by the IV-D agency and 9
2633 such request meets the requirements of 42 USC 666(a)(14), and the 10
2734 obligor against whom such support order was issued owes overdue 11
2835 support under such order in the amount of five hundred dollars or 12
2936 more, the IV-D agency, as defined in subdivision (12) of subsection (b) 13
3037 of section 46b-231, or Support Enforcement Services of the Superior 14
3138 Court may notify (1) any state or local agency or officer with authority 15
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3245 (A) to hold assets or property for such obligor including, but not limited 16
3346 to, any property unclaimed or presumed abandoned under part III of 17
3447 chapter 32, or (B) to distribute benefits to such obligor including, but not 18
35-limited to, unemployment compensation and workers' compensation, 19 Substitute Bill No. 1359
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48+limited to, unemployment compensation and workers' compensation, 19
4049 (2) any person having or expecting to have custody or control of or 20
4150 authority to distribute any amounts due such obligor under any 21
4251 judgment or settlement, (3) any financial institution holding assets of 22
4352 such obligor, and (4) any public or private entity administering a public 23
4453 or private retirement fund in which such obligor has an interest that 24
4554 such obligor owes overdue support in a IV-D support case. Upon receipt 25
4655 of such notice, such agency, officer, person, institution or entity shall 26
4756 withhold delivery or distribution of any such property, benefits, 27
4857 amounts, assets or funds until receipt of further notice from the IV-D 28
4958 agency. 29
5059 Sec. 2. Subsections (a) to (c), inclusive, of section 46b-215e of the 30
5160 general statutes are repealed and the following is substituted in lieu 31
5261 thereof (Effective from passage): 32
5362 (a) Notwithstanding any provision of the general statutes, whenever 33
5463 a child support obligor is institutionalized or incarcerated, the Superior 34
5564 Court or a family support magistrate shall establish an initial order for 35
5665 current support, or modify an existing order for current support, upon 36
5766 proper motion, based upon the obligor's present income and substantial 37
5867 assets, if any, in accordance with the child support guidelines 38
5968 established pursuant to section 46b-215a. [Downward modification of 39
6069 an existing support order based solely on a loss of income due to 40
6170 incarceration or institutionalization shall not be granted in the case of a 41
6271 child support obligor who is incarcerated or institutionalized for an 42
6372 offense against the custodial party or the child subject to such support 43
6473 order.] 44
6574 (b) In IV-D support cases, as defined in section 46b-231, when the 45
6675 child support obligor is institutionalized or incarcerated for more than 46
6776 ninety days, any existing support order, as defined in section 46b-231, 47
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6883 shall be modified to zero dollars effective upon the date that a support 48
6984 enforcement officer files an affidavit in the Family Support Magistrate 49
7085 Division. The affidavit shall include: (1) The beginning and expected 50
7186 end dates of such obligor's institutionalization or incarceration; and (2) 51
72-a statement by such officer that (A) a diligent search failed to identify 52 Substitute Bill No. 1359
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87+a statement by such officer that (A) a diligent search failed to identify 52
7788 any income or assets that could be used to satisfy the child support order 53
7889 while the obligor is incarcerated or institutionalized, and (B) [the offense 54
7990 for which the obligor is institutionalized or incarcerated was not an 55
8091 offense against the custodial party or the child subject to such support 56
8192 order, and (C)] a notice in accordance with subsection (c) of this section 57
8293 was provided to the custodial party and an objection form was not 58
8394 received from such party. 59
8495 (c) Prior to filing an affidavit under subsection (b) of this section, the 60
8596 support enforcement officer shall provide notice to the custodial party 61
8697 in accordance with section 52-57 or by certified mail, return receipt 62
8798 requested. The notice shall state in clear and simple language that: (1) 63
8899 Such child support order shall be modified unless the custodial party 64
89100 objects not later than fifteen calendar days after receipt of such notice on 65
90101 the grounds that [(A)] the obligor has sufficient income or assets to 66
91102 comply with the support order, [or (B) the obligor is incarcerated or 67
92103 institutionalized for an offense against the custodial party or the child 68
93104 subject to such support order;] and (2) the custodial party may object to 69
94105 the proposed modification by delivering a signed objection form, or 70
95106 other written notice or motion, indicating the nature of the objection or 71
96107 grounds of the motion, to the support enforcement officer not later than 72
97108 fifteen calendar days after receipt of such notice. Upon receipt of any 73
98109 objection or motion, the support enforcement officer shall promptly 74
99110 arrange with the clerk of the Family Support Magistrate Division to 75
100111 enter the appearance of the custodial party, set the matter for a hearing, 76
101112 send a file-stamped copy of the objection or motion to the IV-D agency 77
102113 of the state to whom the support order is payable, and notify all parties 78
103114 of the hearing date set. The court or family support magistrate shall 79
104115 promptly hear the objection or motion and determine whether the child 80
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105122 support order should be modified in accordance with subsection (b) of 81
106123 this section. 82
107124 Sec. 3. Subsection (b) of section 19a-697 of the general statutes is 83
108125 repealed and the following is substituted in lieu thereof (Effective October 84
109-1, 2025): 85 Substitute Bill No. 1359
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114127 (b) A managed residential community shall post in a prominent place 86
115128 in the managed residential community the resident's bill of rights, 87
116129 including those rights set forth in subsection (a) of this section. The 88
117130 posting of the resident's bill of rights shall include contact information 89
118131 for (1) the Department of Public Health and the Office of the State Long-90
119132 Term Care Ombudsman, including the names, addresses and telephone 91
120133 numbers of persons within such agencies who handle questions, 92
121134 comments or complaints concerning managed residential community, 93
122135 and (2) the Department of Social Services to report the suspected abuse, 94
123136 neglect, exploitation or abandonment of an elderly person, or that an 95
124137 elderly person may be in need of protective services. 96
125138 Sec. 4. Subsection (d) of section 17b-105a of the general statutes is 97
126139 repealed and the following is substituted in lieu thereof (Effective July 1, 98
127140 2025): 99
128141 (d) Not later than December 31, 2024, the Commissioner of Social 100
129142 Services shall enter into a contract with an outside vendor to update the 101
130143 system utilized by the Department of Social Services to administer the 102
131144 supplemental nutrition assistance program for the purpose of enabling 103
132145 the department to stagger the distribution of program benefits so that 104
133146 benefits are distributed, in accordance with federal law, to cohorts of 105
134147 program beneficiaries designated by the commissioner at multiple 106
135148 intervals during each month. Not later than March 1, 2026, the 107
136149 commissioner shall commence staggering the distribution of such 108
137150 benefits to such cohorts of beneficiaries each month, in accordance with 109
138151 federal law. Not later than April 1, 2026, [and annually thereafter,] the 110
139152 commissioner shall report, in accordance with the provisions of section 111
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140159 11-4a, to the joint standing committee of the General Assembly having 112
141160 cognizance of matters relating to human services regarding the 113
142161 staggering of distribution benefits pursuant to this subsection. 114
143162 Sec. 5. Subsections (a) and (b) of section 17b-244 of the general statutes 115
144163 are repealed and the following is substituted in lieu thereof (Effective July 116
145-1, 2026): 117 Substitute Bill No. 1359
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150165 (a) The room and board component of the rates to be paid by the state 118
151166 to private facilities and facilities operated by regional education service 119
152167 centers which are licensed to provide residential care pursuant to 120
153168 section 17a-227, but not certified to participate in the Title XIX Medicaid 121
154169 program as intermediate care facilities for individuals with intellectual 122
155170 disabilities, shall be determined annually by the Commissioner of Social 123
156171 Services, except that rates effective April 30, 1989, shall remain in effect 124
157172 through October 31, 1989. Any facility with real property other than 125
158173 land placed in service prior to July 1, 1991, shall, for the fiscal year 126
159174 ending June 30, 1995, receive a rate of return on real property equal to 127
160175 the average of the rates of return applied to real property other than land 128
161176 placed in service for the five years preceding July 1, 1993. For the fiscal 129
162177 year ending June 30, 1996, and any succeeding fiscal year, the rate of 130
163178 return on real property for property items shall be revised every five 131
164179 years. The commissioner shall, upon submission of a request by such 132
165180 facility, allow actual debt service, comprised of principal and interest, 133
166181 on the loan or loans in lieu of property costs allowed pursuant to section 134
167182 17-313b-5 of the regulations of Connecticut state agencies, whether 135
168183 actual debt service is higher or lower than such allowed property costs, 136
169184 provided such debt service terms and amounts are reasonable in 137
170185 relation to the useful life and the base value of the property. In the case 138
171186 of facilities financed through the Connecticut Housing Finance 139
172187 Authority, the commissioner shall allow actual debt service, comprised 140
173188 of principal, interest and a reasonable repair and replacement reserve 141
174189 on the loan or loans in lieu of property costs allowed pursuant to section 142
175190 17-313b-5 of the regulations of Connecticut state agencies, whether 143
176191 actual debt service is higher or lower than such allowed property costs, 144
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177198 provided such debt service terms and amounts are determined by the 145
178199 commissioner at the time the loan is entered into to be reasonable in 146
179200 relation to the useful life and base value of the property. The 147
180201 commissioner may allow fees associated with mortgage refinancing 148
181202 provided such refinancing will result in state reimbursement savings, 149
182203 after comparing costs over the terms of the existing proposed loans. For 150
183204 the fiscal year ending June 30, 1992, the inflation factor used to 151
184-determine rates shall be one-half of the gross national product 152 Substitute Bill No. 1359
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205+determine rates shall be one-half of the gross national product 152
189206 percentage increase for the period between the midpoint of the cost year 153
190207 through the midpoint of the rate year. For fiscal year ending June 30, 154
191208 1993, the inflation factor used to determine rates shall be two-thirds of 155
192209 the gross national product percentage increase from the midpoint of the 156
193210 cost year to the midpoint of the rate year. For the fiscal years ending 157
194211 June 30, 1996, and June 30, 1997, no inflation factor shall be applied in 158
195212 determining rates. The Commissioner of Social Services shall prescribe 159
196213 uniform forms on which such facilities shall report their costs. Such rates 160
197214 shall be determined on the basis of a reasonable payment for necessary 161
198215 services. Any increase in grants, gifts, fund-raising or endowment 162
199216 income used for the payment of operating costs by a private facility in 163
200217 the fiscal year ending June 30, 1992, shall be excluded by the 164
201218 commissioner from the income of the facility in determining the rates to 165
202219 be paid to the facility for the fiscal year ending June 30, 1993, provided 166
203220 any operating costs funded by such increase shall not obligate the state 167
204221 to increase expenditures in subsequent fiscal years. Nothing contained 168
205222 in this section shall authorize a payment by the state to any such facility 169
206223 in excess of the charges made by the facility for comparable services to 170
207224 the general public. The service component of the rates to be paid by the 171
208225 state to private facilities and facilities operated by regional education 172
209226 service centers which are licensed to provide residential care pursuant 173
210227 to section 17a-227, but not certified to participate in the Title XIX 174
211228 Medicaid programs as intermediate care facilities for individuals with 175
212229 intellectual disabilities, shall be determined annually by the 176
213230 Commissioner of Developmental Services in accordance with section 177
214231 17b-244a. For the fiscal year ending June 30, 2008, no facility shall receive 178
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215238 a rate that is more than two per cent greater than the rate in effect for 179
216239 the facility on June 30, 2007, except any facility that would have been 180
217240 issued a lower rate effective July 1, 2007, due to interim rate status or 181
218241 agreement with the department, shall be issued such lower rate effective 182
219242 July 1, 2007. For the fiscal year ending June 30, 2009, no facility shall 183
220243 receive a rate that is more than two per cent greater than the rate in effect 184
221244 for the facility on June 30, 2008, except any facility that would have been 185
222245 issued a lower rate effective July 1, 2008, due to interim rate status or 186
223-agreement with the department, shall be issued such lower rate effective 187 Substitute Bill No. 1359
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246+agreement with the department, shall be issued such lower rate effective 187
228247 July 1, 2008. For the fiscal years ending June 30, 2010, and June 30, 2011, 188
229248 rates in effect for the period ending June 30, 2009, shall remain in effect 189
230249 until June 30, 2011, except that (1) the rate paid to a facility may be higher 190
231250 than the rate paid to the facility for the period ending June 30, 2009, if a 191
232251 capital improvement required by the Commissioner of Developmental 192
233252 Services for the health or safety of the residents was made to the facility 193
234253 during the fiscal years ending June 30, 2010, or June 30, 2011, and (2) any 194
235254 facility that would have been issued a lower rate for the fiscal year 195
236255 ending June 30, 2010, or June 30, 2011, due to interim rate status or 196
237256 agreement with the department, shall be issued such lower rate. For the 197
238257 fiscal year ending June 30, 2012, rates in effect for the period ending June 198
239258 30, 2011, shall remain in effect until June 30, 2012, except that (A) the 199
240259 rate paid to a facility may be higher than the rate paid to the facility for 200
241260 the period ending June 30, 2011, if a capital improvement required by 201
242261 the Commissioner of Developmental Services for the health or safety of 202
243262 the residents was made to the facility during the fiscal year ending June 203
244263 30, 2012, and (B) any facility that would have been issued a lower rate 204
245264 for the fiscal year ending June 30, 2012, due to interim rate status or 205
246265 agreement with the department, shall be issued such lower rate. Any 206
247266 facility that has a significant decrease in land and building costs shall 207
248267 receive a reduced rate to reflect such decrease in land and building costs. 208
249268 The rate paid to a facility may be increased if a capital improvement 209
250269 approved by the Department of Developmental Services, in consultation 210
251270 with the Department of Social Services, for the health or safety of the 211
252271 residents was made to the facility during the fiscal year ending June 30, 212
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253278 2014, or June 30, 2015, only to the extent such increases are within 213
254279 available appropriations. For the fiscal years ending June 30, 2016, and 214
255280 June 30, 2017, rates shall not exceed those in effect for the period ending 215
256281 June 30, 2015, except the rate paid to a facility may be higher than the 216
257282 rate paid to the facility for the period ending June 30, 2015, if a capital 217
258283 improvement approved by the Department of Developmental Services, 218
259284 in consultation with the Department of Social Services, for the health or 219
260285 safety of the residents was made to the facility during the fiscal year 220
261286 ending June 30, 2016, or June 30, 2017, to the extent such rate increases 221
262-are within available appropriations. For the fiscal years ending June 30, 222 Substitute Bill No. 1359
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287+are within available appropriations. For the fiscal years ending June 30, 222
267288 2016, and June 30, 2017, and each succeeding fiscal year, any facility that 223
268289 would have been issued a lower rate, due to interim rate status, a change 224
269290 in allowable fair rent or agreement with the department, shall be issued 225
270291 such lower rate. For the fiscal years ending June 30, 2018, and June 30, 226
271292 2019, rates shall not exceed those in effect for the period ending June 30, 227
272293 2017, except the rate paid to a facility may be higher than the rate paid 228
273294 to the facility for the period ending June 30, 2017, if a capital 229
274295 improvement approved by the Department of Developmental Services, 230
275296 in consultation with the Department of Social Services, for the health or 231
276297 safety of the residents was made to the facility during the fiscal year 232
277298 ending June 30, 2018, or June 30, 2019, to the extent such rate increases 233
278299 are within available appropriations. For the fiscal years ending June 30, 234
279300 2020, and June 30, 2021, rates shall not exceed those in effect for the fiscal 235
280301 year ending June 30, 2019, except the rate paid to a facility may be higher 236
281302 than the rate paid to the facility for the fiscal year ending June 30, 2019, 237
282303 if a capital improvement approved by the Department of 238
283304 Developmental Services, in consultation with the Department of Social 239
284305 Services, for the health or safety of the residents was made to the facility 240
285306 during the fiscal year ending June 30, 2020, or June 30, 2021, to the extent 241
286307 such rate increases are within available appropriations. For the fiscal 242
287308 years ending June 30, 2022, and June 30, 2023, rates shall be based upon 243
288309 rates in effect for the fiscal year ending June 30, 2021, inflated by the 244
289310 gross domestic product deflator applicable to each rate year, except the 245
290311 commissioner may, in the commissioner's discretion and within 246
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291318 available appropriations, provide pro rata fair rent increases to facilities 247
292319 which have documented fair rent additions placed in service in the cost 248
293320 report years ending September 30, 2020, and September 30, 2021, that 249
294321 are not otherwise included in rates issued, or if a rate adjustment for a 250
295322 capital improvement approved by the Department of Developmental 251
296323 Services, in consultation with the Department of Social Services, for the 252
297324 health or safety of the residents was made to the facility during the fiscal 253
298325 year ending June 30, 2022, or June 30, 2023. For the fiscal year ending 254
299326 June 30, 2024, rates shall not exceed those in effect for the fiscal year 255
300327 ending June 30, 2023, except the rate paid to a facility may be higher 256
301-than the rate paid to the facility for the fiscal year ending June 30, 2023, 257 Substitute Bill No. 1359
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328+than the rate paid to the facility for the fiscal year ending June 30, 2023, 257
306329 if a capital improvement approved by the Department of 258
307330 Developmental Services, in consultation with the Department of Social 259
308331 Services, for the health or safety of the residents was made to the facility 260
309332 during the fiscal year ending June 30, 2024, to the extent such rate 261
310333 increases are within available appropriations. Notwithstanding any 262
311334 provision of this chapter or of any regulation adopted pursuant to title 263
312335 17 or 17b, any subsequent increase to allowable operating costs, 264
313336 excluding fair rent, shall be inflated by the gross domestic product 265
314337 deflator when funding is specifically appropriated for such purposes in 266
315338 the enacted budget. The rate of inflation shall be computed by 267
316339 comparing the most recent rate year to the average of the gross domestic 268
317340 product deflator for the previous four fiscal quarters ending March 269
318341 thirty-first. Any increase to rates based on inflation shall be applied 270
319342 prior to the application of any other budget adjustment factors that may 271
320343 impact such rates. 272
321344 (b) Notwithstanding the provisions of subsection (a) of this section, 273
322345 state rates of payment for the fiscal years ending June 30, 2018, June 30, 274
323346 2019, June 30, 2020, and June 30, 2021, for residential care homes and 275
324347 community living arrangements that receive the flat rate for residential 276
325348 services under section 17-311-54 of the regulations of Connecticut state 277
326349 agencies shall be set in accordance with section 298 of public act 19-117. 278
327350 For the fiscal years ending June 30, 2022, and June 30, 2023, rates shall 279
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328357 be based upon rates in effect for the fiscal year ending June 30, 2021, 280
329358 inflated by the gross domestic product deflator applicable to each rate 281
330359 year. Notwithstanding any provision of this chapter, any subsequent 282
331360 increase to allowable operating costs, excluding fair rent, shall be 283
332361 inflated by the gross domestic product deflator when funding is 284
333362 specifically appropriated for such purposes in the enacted budget. The 285
334363 rate of inflation shall be computed by comparing the most recent rate 286
335364 year to the average of the gross domestic product deflator for the 287
336365 previous four fiscal quarters ending March thirty-first. Any increase to 288
337366 rates based on inflation shall be applied prior to the application of any 289
338367 other budget adjustment factors that may impact such rates. 290
339-Sec. 6. Subsection (c) of section 17a-247b of the general statutes is 291 Substitute Bill No. 1359
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368+Sec. 6. Subsection (c) of section 17a-247b of the general statutes is 291
344369 repealed and the following is substituted in lieu thereof (Effective from 292
345370 passage): 293
346371 (c) The department shall make information in the registry available 294
347372 only to: (1) Authorized agencies, for the purpose of protective service 295
348373 determinations; (2) employers who employ employees to provide 296
349374 services to an individual who receives services or funding from the 297
350375 department or the Medicaid waiver program for autism spectrum 298
351376 disorder administered by the Department of Social Services, as 299
352377 described in section 17a- 215c; (3) the Departments of Children and 300
353378 Families, Mental Health and Addiction Services, Social Services and 301
354379 Administrative Services and the Office of Labor Relations, for the 302
355380 purpose of determining whether an applicant for employment with the 303
356381 Departments of Children and Families, Developmental Services, Mental 304
357382 Health and Addiction Services and Social Services appears on the 305
358383 registry; or (4) charitable organizations that recruit volunteers to 306
359384 support programs for persons with intellectual disability or autism 307
360385 spectrum disorder, upon application to and approval by the 308
361386 commissioner, for purposes of conducting background checks on such 309
362387 volunteers. 310
363-Sec. 7. (NEW) (Effective from passage) As used in this section, "custom-311
364-made, noninvasive breast prosthesis" means an exterior, custom-made 312
365-form to fit the individual physical profile of a mastectomy patient to 313
366-restore such patient's symmetrical appearance after surgery. The 314
367-Commissioner of Social Services shall (1) develop and distribute to 315
368-Medicaid-enrolled providers a bulletin concerning Medicaid coverage 316
369-for a custom-made, noninvasive breast prosthesis, (2) include 317
370-information on such coverage in newsletters to persons enrolled in the 318
371-Medicaid program, and (3) in collaboration with the Commissioner of 319
372-Public Health, develop an outreach program for breast cancer survivors 320
373-concerning such available coverage. 321
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374394 This act shall take effect as follows and shall amend the following
375395 sections:
376- Substitute Bill No. 1359
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380396
381397 Section 1 from passage 52-362d(d)
382398 Sec. 2 from passage 46b-215e(a) to (c)
383399 Sec. 3 October 1, 2025 19a-697(b)
384400 Sec. 4 July 1, 2025 17b-105a(d)
385401 Sec. 5 July 1, 2026 17b-244(a) and (b)
386402 Sec. 6 from passage 17a-247b(c)
387-Sec. 7 from passage New section
388403
389-HS Joint Favorable Subst.
404+Statement of Purpose:
405+To make various revisions to statutes concerning child support, rates for
406+certain residential living arrangements, reporting regarding the
407+supplemental nutrition assistance program, information required at
408+managed residential communities to report abuse, neglect or
409+exploitation and information dissemination from a registry of
410+employees terminated for substantiated abuse.
411+
412+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
413+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
414+underlined.]
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