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General Assembly Substitute Bill No. 1359
January Session, 2025
AN ACT CONCERNING VARIOUS REVISIONS TO STATUTES
CONCERNING THE DEPARTMENT OF SOCIAL SERVICES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (d) of section 52-362d of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(d) Whenever an order of the Superior Court or a family support 4
magistrate of this state, or an order of another state that has been 5
registered in this state, for support of a minor child or children is issued 6
and such payments have been ordered through the IV-D agency, or 7
when a request from another state for assistance enforcing an order that 8
has not been registered in this state is received by the IV-D agency and 9
such request meets the requirements of 42 USC 666(a)(14), and the 10
obligor against whom such support order was issued owes overdue 11
support under such order in the amount of five hundred dollars or 12
more, the IV-D agency, as defined in subdivision (12) of subsection (b) 13
of section 46b-231, or Support Enforcement Services of the Superior 14
Court may notify (1) any state or local agency or officer with authority 15
(A) to hold assets or property for such obligor including, but not limited 16
to, any property unclaimed or presumed abandoned under part III of 17
chapter 32, or (B) to distribute benefits to such obligor including, but not 18
limited to, unemployment compensation and workers' compensation, 19 Substitute Bill No. 1359
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(2) any person having or expecting to have custody or control of or 20
authority to distribute any amounts due such obligor under any 21
judgment or settlement, (3) any financial institution holding assets of 22
such obligor, and (4) any public or private entity administering a public 23
or private retirement fund in which such obligor has an interest that 24
such obligor owes overdue support in a IV-D support case. Upon receipt 25
of such notice, such agency, officer, person, institution or entity shall 26
withhold delivery or distribution of any such property, benefits, 27
amounts, assets or funds until receipt of further notice from the IV-D 28
agency. 29
Sec. 2. Subsections (a) to (c), inclusive, of section 46b-215e of the 30
general statutes are repealed and the following is substituted in lieu 31
thereof (Effective from passage): 32
(a) Notwithstanding any provision of the general statutes, whenever 33
a child support obligor is institutionalized or incarcerated, the Superior 34
Court or a family support magistrate shall establish an initial order for 35
current support, or modify an existing order for current support, upon 36
proper motion, based upon the obligor's present income and substantial 37
assets, if any, in accordance with the child support guidelines 38
established pursuant to section 46b-215a. [Downward modification of 39
an existing support order based solely on a loss of income due to 40
incarceration or institutionalization shall not be granted in the case of a 41
child support obligor who is incarcerated or institutionalized for an 42
offense against the custodial party or the child subject to such support 43
order.] 44
(b) In IV-D support cases, as defined in section 46b-231, when the 45
child support obligor is institutionalized or incarcerated for more than 46
ninety days, any existing support order, as defined in section 46b-231, 47
shall be modified to zero dollars effective upon the date that a support 48
enforcement officer files an affidavit in the Family Support Magistrate 49
Division. The affidavit shall include: (1) The beginning and expected 50
end dates of such obligor's institutionalization or incarceration; and (2) 51
a statement by such officer that (A) a diligent search failed to identify 52 Substitute Bill No. 1359
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any income or assets that could be used to satisfy the child support order 53
while the obligor is incarcerated or institutionalized, and (B) [the offense 54
for which the obligor is institutionalized or incarcerated was not an 55
offense against the custodial party or the child subject to such support 56
order, and (C)] a notice in accordance with subsection (c) of this section 57
was provided to the custodial party and an objection form was not 58
received from such party. 59
(c) Prior to filing an affidavit under subsection (b) of this section, the 60
support enforcement officer shall provide notice to the custodial party 61
in accordance with section 52-57 or by certified mail, return receipt 62
requested. The notice shall state in clear and simple language that: (1) 63
Such child support order shall be modified unless the custodial party 64
objects not later than fifteen calendar days after receipt of such notice on 65
the grounds that [(A)] the obligor has sufficient income or assets to 66
comply with the support order, [or (B) the obligor is incarcerated or 67
institutionalized for an offense against the custodial party or the child 68
subject to such support order;] and (2) the custodial party may object to 69
the proposed modification by delivering a signed objection form, or 70
other written notice or motion, indicating the nature of the objection or 71
grounds of the motion, to the support enforcement officer not later than 72
fifteen calendar days after receipt of such notice. Upon receipt of any 73
objection or motion, the support enforcement officer shall promptly 74
arrange with the clerk of the Family Support Magistrate Division to 75
enter the appearance of the custodial party, set the matter for a hearing, 76
send a file-stamped copy of the objection or motion to the IV-D agency 77
of the state to whom the support order is payable, and notify all parties 78
of the hearing date set. The court or family support magistrate shall 79
promptly hear the objection or motion and determine whether the child 80
support order should be modified in accordance with subsection (b) of 81
this section. 82
Sec. 3. Subsection (b) of section 19a-697 of the general statutes is 83
repealed and the following is substituted in lieu thereof (Effective October 84
1, 2025): 85 Substitute Bill No. 1359
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(b) A managed residential community shall post in a prominent place 86
in the managed residential community the resident's bill of rights, 87
including those rights set forth in subsection (a) of this section. The 88
posting of the resident's bill of rights shall include contact information 89
for (1) the Department of Public Health and the Office of the State Long-90
Term Care Ombudsman, including the names, addresses and telephone 91
numbers of persons within such agencies who handle questions, 92
comments or complaints concerning managed residential community, 93
and (2) the Department of Social Services to report the suspected abuse, 94
neglect, exploitation or abandonment of an elderly person, or that an 95
elderly person may be in need of protective services. 96
Sec. 4. Subsection (d) of section 17b-105a of the general statutes is 97
repealed and the following is substituted in lieu thereof (Effective July 1, 98
2025): 99
(d) Not later than December 31, 2024, the Commissioner of Social 100
Services shall enter into a contract with an outside vendor to update the 101
system utilized by the Department of Social Services to administer the 102
supplemental nutrition assistance program for the purpose of enabling 103
the department to stagger the distribution of program benefits so that 104
benefits are distributed, in accordance with federal law, to cohorts of 105
program beneficiaries designated by the commissioner at multiple 106
intervals during each month. Not later than March 1, 2026, the 107
commissioner shall commence staggering the distribution of such 108
benefits to such cohorts of beneficiaries each month, in accordance with 109
federal law. Not later than April 1, 2026, [and annually thereafter,] the 110
commissioner shall report, in accordance with the provisions of section 111
11-4a, to the joint standing committee of the General Assembly having 112
cognizance of matters relating to human services regarding the 113
staggering of distribution benefits pursuant to this subsection. 114
Sec. 5. Subsections (a) and (b) of section 17b-244 of the general statutes 115
are repealed and the following is substituted in lieu thereof (Effective July 116
1, 2026): 117 Substitute Bill No. 1359
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(a) The room and board component of the rates to be paid by the state 118
to private facilities and facilities operated by regional education service 119
centers which are licensed to provide residential care pursuant to 120
section 17a-227, but not certified to participate in the Title XIX Medicaid 121
program as intermediate care facilities for individuals with intellectual 122
disabilities, shall be determined annually by the Commissioner of Social 123
Services, except that rates effective April 30, 1989, shall remain in effect 124
through October 31, 1989. Any facility with real property other than 125
land placed in service prior to July 1, 1991, shall, for the fiscal year 126
ending June 30, 1995, receive a rate of return on real property equal to 127
the average of the rates of return applied to real property other than land 128
placed in service for the five years preceding July 1, 1993. For the fiscal 129
year ending June 30, 1996, and any succeeding fiscal year, the rate of 130
return on real property for property items shall be revised every five 131
years. The commissioner shall, upon submission of a request by such 132
facility, allow actual debt service, comprised of principal and interest, 133
on the loan or loans in lieu of property costs allowed pursuant to section 134
17-313b-5 of the regulations of Connecticut state agencies, whether 135
actual debt service is higher or lower than such allowed property costs, 136
provided such debt service terms and amounts are reasonable in 137
relation to the useful life and the base value of the property. In the case 138
of facilities financed through the Connecticut Housing Finance 139
Authority, the commissioner shall allow actual debt service, comprised 140
of principal, interest and a reasonable repair and replacement reserve 141
on the loan or loans in lieu of property costs allowed pursuant to section 142
17-313b-5 of the regulations of Connecticut state agencies, whether 143
actual debt service is higher or lower than such allowed property costs, 144
provided such debt service terms and amounts are determined by the 145
commissioner at the time the loan is entered into to be reasonable in 146
relation to the useful life and base value of the property. The 147
commissioner may allow fees associated with mortgage refinancing 148
provided such refinancing will result in state reimbursement savings, 149
after comparing costs over the terms of the existing proposed loans. For 150
the fiscal year ending June 30, 1992, the inflation factor used to 151
determine rates shall be one-half of the gross national product 152 Substitute Bill No. 1359
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percentage increase for the period between the midpoint of the cost year 153
through the midpoint of the rate year. For fiscal year ending June 30, 154
1993, the inflation factor used to determine rates shall be two-thirds of 155
the gross national product percentage increase from the midpoint of the 156
cost year to the midpoint of the rate year. For the fiscal years ending 157
June 30, 1996, and June 30, 1997, no inflation factor shall be applied in 158
determining rates. The Commissioner of Social Services shall prescribe 159
uniform forms on which such facilities shall report their costs. Such rates 160
shall be determined on the basis of a reasonable payment for necessary 161
services. Any increase in grants, gifts, fund-raising or endowment 162
income used for the payment of operating costs by a private facility in 163
the fiscal year ending June 30, 1992, shall be excluded by the 164
commissioner from the income of the facility in determining the rates to 165
be paid to the facility for the fiscal year ending June 30, 1993, provided 166
any operating costs funded by such increase shall not obligate the state 167
to increase expenditures in subsequent fiscal years. Nothing contained 168
in this section shall authorize a payment by the state to any such facility 169
in excess of the charges made by the facility for comparable services to 170
the general public. The service component of the rates to be paid by the 171
state to private facilities and facilities operated by regional education 172
service centers which are licensed to provide residential care pursuant 173
to section 17a-227, but not certified to participate in the Title XIX 174
Medicaid programs as intermediate care facilities for individuals with 175
intellectual disabilities, shall be determined annually by the 176
Commissioner of Developmental Services in accordance with section 177
17b-244a. For the fiscal year ending June 30, 2008, no facility shall receive 178
a rate that is more than two per cent greater than the rate in effect for 179
the facility on June 30, 2007, except any facility that would have been 180
issued a lower rate effective July 1, 2007, due to interim rate status or 181
agreement with the department, shall be issued such lower rate effective 182
July 1, 2007. For the fiscal year ending June 30, 2009, no facility shall 183
receive a rate that is more than two per cent greater than the rate in effect 184
for the facility on June 30, 2008, except any facility that would have been 185
issued a lower rate effective July 1, 2008, due to interim rate status or 186
agreement with the department, shall be issued such lower rate effective 187 Substitute Bill No. 1359
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July 1, 2008. For the fiscal years ending June 30, 2010, and June 30, 2011, 188
rates in effect for the period ending June 30, 2009, shall remain in effect 189
until June 30, 2011, except that (1) the rate paid to a facility may be higher 190
than the rate paid to the facility for the period ending June 30, 2009, if a 191
capital improvement required by the Commissioner of Developmental 192
Services for the health or safety of the residents was made to the facility 193
during the fiscal years ending June 30, 2010, or June 30, 2011, and (2) any 194
facility that would have been issued a lower rate for the fiscal year 195
ending June 30, 2010, or June 30, 2011, due to interim rate status or 196
agreement with the department, shall be issued such lower rate. For the 197
fiscal year ending June 30, 2012, rates in effect for the period ending June 198
30, 2011, shall remain in effect until June 30, 2012, except that (A) the 199
rate paid to a facility may be higher than the rate paid to the facility for 200
the period ending June 30, 2011, if a capital improvement required by 201
the Commissioner of Developmental Services for the health or safety of 202
the residents was made to the facility during the fiscal year ending June 203
30, 2012, and (B) any facility that would have been issued a lower rate 204
for the fiscal year ending June 30, 2012, due to interim rate status or 205
agreement with the department, shall be issued such lower rate. Any 206
facility that has a significant decrease in land and building costs shall 207
receive a reduced rate to reflect such decrease in land and building costs. 208
The rate paid to a facility may be increased if a capital improvement 209
approved by the Department of Developmental Services, in consultation 210
with the Department of Social Services, for the health or safety of the 211
residents was made to the facility during the fiscal year ending June 30, 212
2014, or June 30, 2015, only to the extent such increases are within 213
available appropriations. For the fiscal years ending June 30, 2016, and 214
June 30, 2017, rates shall not exceed those in effect for the period ending 215
June 30, 2015, except the rate paid to a facility may be higher than the 216
rate paid to the facility for the period ending June 30, 2015, if a capital 217
improvement approved by the Department of Developmental Services, 218
in consultation with the Department of Social Services, for the health or 219
safety of the residents was made to the facility during the fiscal year 220
ending June 30, 2016, or June 30, 2017, to the extent such rate increases 221
are within available appropriations. For the fiscal years ending June 30, 222 Substitute Bill No. 1359
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2016, and June 30, 2017, and each succeeding fiscal year, any facility that 223
would have been issued a lower rate, due to interim rate status, a change 224
in allowable fair rent or agreement with the department, shall be issued 225
such lower rate. For the fiscal years ending June 30, 2018, and June 30, 226
2019, rates shall not exceed those in effect for the period ending June 30, 227
2017, except the rate paid to a facility may be higher than the rate paid 228
to the facility for the period ending June 30, 2017, if a capital 229
improvement approved by the Department of Developmental Services, 230
in consultation with the Department of Social Services, for the health or 231
safety of the residents was made to the facility during the fiscal year 232
ending June 30, 2018, or June 30, 2019, to the extent such rate increases 233
are within available appropriations. For the fiscal years ending June 30, 234
2020, and June 30, 2021, rates shall not exceed those in effect for the fiscal 235
year ending June 30, 2019, except the rate paid to a facility may be higher 236
than the rate paid to the facility for the fiscal year ending June 30, 2019, 237
if a capital improvement approved by the Department of 238
Developmental Services, in consultation with the Department of Social 239
Services, for the health or safety of the residents was made to the facility 240
during the fiscal year ending June 30, 2020, or June 30, 2021, to the extent 241
such rate increases are within available appropriations. For the fiscal 242
years ending June 30, 2022, and June 30, 2023, rates shall be based upon 243
rates in effect for the fiscal year ending June 30, 2021, inflated by the 244
gross domestic product deflator applicable to each rate year, except the 245
commissioner may, in the commissioner's discretion and within 246
available appropriations, provide pro rata fair rent increases to facilities 247
which have documented fair rent additions placed in service in the cost 248
report years ending September 30, 2020, and September 30, 2021, that 249
are not otherwise included in rates issued, or if a rate adjustment for a 250
capital improvement approved by the Department of Developmental 251
Services, in consultation with the Department of Social Services, for the 252
health or safety of the residents was made to the facility during the fiscal 253
year ending June 30, 2022, or June 30, 2023. For the fiscal year ending 254
June 30, 2024, rates shall not exceed those in effect for the fiscal year 255
ending June 30, 2023, except the rate paid to a facility may be higher 256
than the rate paid to the facility for the fiscal year ending June 30, 2023, 257 Substitute Bill No. 1359
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if a capital improvement approved by the Department of 258
Developmental Services, in consultation with the Department of Social 259
Services, for the health or safety of the residents was made to the facility 260
during the fiscal year ending June 30, 2024, to the extent such rate 261
increases are within available appropriations. Notwithstanding any 262
provision of this chapter or of any regulation adopted pursuant to title 263
17 or 17b, any subsequent increase to allowable operating costs, 264
excluding fair rent, shall be inflated by the gross domestic product 265
deflator when funding is specifically appropriated for such purposes in 266
the enacted budget. The rate of inflation shall be computed by 267
comparing the most recent rate year to the average of the gross domestic 268
product deflator for the previous four fiscal quarters ending March 269
thirty-first. Any increase to rates based on inflation shall be applied 270
prior to the application of any other budget adjustment factors that may 271
impact such rates. 272
(b) Notwithstanding the provisions of subsection (a) of this section, 273
state rates of payment for the fiscal years ending June 30, 2018, June 30, 274
2019, June 30, 2020, and June 30, 2021, for residential care homes and 275
community living arrangements that receive the flat rate for residential 276
services under section 17-311-54 of the regulations of Connecticut state 277
agencies shall be set in accordance with section 298 of public act 19-117. 278
For the fiscal years ending June 30, 2022, and June 30, 2023, rates shall 279
be based upon rates in effect for the fiscal year ending June 30, 2021, 280
inflated by the gross domestic product deflator applicable to each rate 281
year. Notwithstanding any provision of this chapter, any subsequent 282
increase to allowable operating costs, excluding fair rent, shall be 283
inflated by the gross domestic product deflator when funding is 284
specifically appropriated for such purposes in the enacted budget. The 285
rate of inflation shall be computed by comparing the most recent rate 286
year to the average of the gross domestic product deflator for the 287
previous four fiscal quarters ending March thirty-first. Any increase to 288
rates based on inflation shall be applied prior to the application of any 289
other budget adjustment factors that may impact such rates. 290
Sec. 6. Subsection (c) of section 17a-247b of the general statutes is 291 Substitute Bill No. 1359
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repealed and the following is substituted in lieu thereof (Effective from 292
passage): 293
(c) The department shall make information in the registry available 294
only to: (1) Authorized agencies, for the purpose of protective service 295
determinations; (2) employers who employ employees to provide 296
services to an individual who receives services or funding from the 297
department or the Medicaid waiver program for autism spectrum 298
disorder administered by the Department of Social Services, as 299
described in section 17a-215c; (3) the Departments of Children and 300
Families, Mental Health and Addiction Services, Social Services and 301
Administrative Services and the Office of Labor Relations, for the 302
purpose of determining whether an applicant for employment with the 303
Departments of Children and Families, Developmental Services, Mental 304
Health and Addiction Services and Social Services appears on the 305
registry; or (4) charitable organizations that recruit volunteers to 306
support programs for persons with intellectual disability or autism 307
spectrum disorder, upon application to and approval by the 308
commissioner, for purposes of conducting background checks on such 309
volunteers. 310
Sec. 7. (NEW) (Effective from passage) As used in this section, "custom-311
made, noninvasive breast prosthesis" means an exterior, custom-made 312
form to fit the individual physical profile of a mastectomy patient to 313
restore such patient's symmetrical appearance after surgery. The 314
Commissioner of Social Services shall (1) develop and distribute to 315
Medicaid-enrolled providers a bulletin concerning Medicaid coverage 316
for a custom-made, noninvasive breast prosthesis, (2) include 317
information on such coverage in newsletters to persons enrolled in the 318
Medicaid program, and (3) in collaboration with the Commissioner of 319
Public Health, develop an outreach program for breast cancer survivors 320
concerning such available coverage. 321
This act shall take effect as follows and shall amend the following
sections:
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Section 1 from passage 52-362d(d)
Sec. 2 from passage 46b-215e(a) to (c)
Sec. 3 October 1, 2025 19a-697(b)
Sec. 4 July 1, 2025 17b-105a(d)
Sec. 5 July 1, 2026 17b-244(a) and (b)
Sec. 6 from passage 17a-247b(c)
Sec. 7 from passage New section
HS Joint Favorable Subst.