Sec. 17a-238b. Medicaid waiver programs. Waiting list reduction. Required reporting.
Sec. 17a-247b. Establishment and maintenance of registry.
Sec. 17a-248b. State Interagency Birth-to-Three Coordinating Council.
Sec. 17a-210. (Formerly Sec. 19a-460). Department and Commissioner of Developmental Services. Duties. Patient programs and placement. (a) There shall be a Department of Developmental Services. The Department of Developmental Services, with the advice of a Council on Developmental Services, shall be responsible for the planning, development and administration of complete, comprehensive and integrated state-wide services for persons with intellectual disability and persons medically diagnosed as having Prader-Willi syndrome. The Department of Developmental Services shall be under the supervision of a Commissioner of Developmental Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive. The Council on Developmental Services may advise the Governor on the appointment. The commissioner shall be a person who has background, training, education or experience in administering programs for the care, training, education, treatment and custody of persons with intellectual disability. The commissioner shall be responsible, with the advice of the council, for: (1) Planning and developing complete, comprehensive and integrated state-wide services for persons with intellectual disability; (2) the implementation and when appropriate the funding of such services; and (3) the coordination of the efforts of the Department of Developmental Services with those of other state departments and agencies, municipal governments and private agencies concerned with and providing services for persons with intellectual disability. The commissioner shall be responsible for the administration and operation of the Southbury Training School, state developmental services regions and all state-operated community-based residential facilities established for the diagnosis, care and training of persons with intellectual disability. The commissioner shall be responsible for establishing standards, providing technical assistance and exercising the requisite supervision of all state-supported residential, day and program support services for persons with intellectual disability and work activity programs operated pursuant to section 17a-226. The commissioner shall stimulate research by public and private agencies, institutions of higher education and hospitals, in the interest of the elimination and amelioration of intellectual disability and care and training of persons with intellectual disability. The commissioner shall conduct or monitor investigations into allegations of abuse and neglect and file reports as requested by state agencies having statutory responsibility for the conduct and oversight of such investigations. The commissioner shall receive and investigate complaints from persons with intellectual disabilities and persons receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, legal representatives of such persons or any other interested person.
(b) In the event of the death of a person with intellectual disability for whom the department has direct or oversight responsibility for medical care, the commissioner shall ensure that a comprehensive and timely review of the events, overall care, quality of life issues and medical care preceding such death is conducted by the department and shall, as requested, provide information and assistance to the Independent Mortality Review Board established by Executive Order No. 57 of Governor Dannel P. Malloy. The commissioner shall report to the board and the board shall review any death: (1) Involving an allegation of abuse or neglect; (2) for which the Office of the Chief Medical Examiner or local medical examiner has accepted jurisdiction; (3) in which an autopsy was performed; (4) which was sudden and unexpected; or (5) in which the commissioner's review raises questions about the appropriateness of care. The department's mortality review process and the Independent Mortality Review Board shall operate in accordance with the peer review provisions established under section 19a-17b for medical review teams and confidentiality of records provisions established under section 19a-25 for the Department of Public Health. Each health care provider, as defined in section 19a-17b, shall, at the request of the commissioner, and to the extent permissible under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, and any other federal law, provide any information deemed necessary by the commissioner to complete a review pursuant to the provisions of this subsection, provided the commissioner, when making such a request, identifies any provision of said act that allows a health care provider to provide such information to the commissioner.
(c) The commissioner shall be responsible for the development of criteria as to the eligibility of any person with intellectual disability for residential care in any public or state-supported private residential facility and may assign such person to a public or state-supported private residential facility.
(d) Any person with intellectual disability, or the legal representative of such person, may request a hearing for any final determination by the department that denies such person eligibility for programs and services of the department. A request for a hearing shall be made in writing to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(e) Any person with intellectual disability, or the legal representative of such person, may request a hearing to contest the category assignment made by the department for persons seeking residential placement, residential services or residential support. A request for hearing shall be made, in writing, to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(f) Any person with intellectual disability, or the legal representative of such person, may object to (1) a proposed approval by the department of a program for such person that includes the use of behavior-modifying medications or aversive procedures, or (2) a proposed determination of the department that community placement is inappropriate for such person placed under the direction of the commissioner. The department shall provide written notice of any such proposed approval or determination to the person, or to the legal representative of such person, not less than ten days prior to making such approval or determination. In the event of an objection to such proposed approval or determination, the commissioner shall conduct a hearing in accordance with the provisions of chapter 54, provided no such hearing shall be required if the commissioner withdraws such proposed approval or determination.
(1959, P.A. 148, S. 22; 1963, P.A. 377, S. 3; P.A. 75-594; 75-638, S. 2, 23; P.A. 76-153, S. 1; P.A. 81-185; P.A. 83-64, S. 1, 4; P.A. 86-41, S. 9, 11; P.A. 87-109, S. 1, 2; P.A. 88-28, S. 2, 8; 88-317, S. 80, 107; P.A. 89-144, S. 7; 89-325, S. 21, 26; P.A. 90-164, S. 4; P.A. 91-193; 91-406, S. 22, 29; P.A. 94-124, S. 1; 94-222, S. 2; June 18 Sp. Sess. P.A. 97-8, S. 22, 88; P.A. 00-135, S. 1, 21; P.A. 01-140, S. 1; P.A. 03-146, S. 1; P.A. 05-256, S. 9; P.A. 07-73, S. 1, 2(a), (b); P.A. 08-7, S. 1; 08-42, S. 1; P.A. 09-11, S. 2; P.A. 11-16, S. 2; P.A. 17-61, S. 1; June Sp. Sess. P.A. 17-2, S. 86, 87; P.A. 18-32, S. 1; P.A. 24-122, S. 7; P.A. 25-79, S. 10; 25-97, S. 24.)
History: 1963 act eliminated deputy commissioner's responsibility for the Mansfield-Southbury social service; P.A. 75-594 added Subsec. (b) re requests for transfers; P.A. 75-638 replaced office of mental retardation in health department with independent department of mental retardation headed by commissioner appointed by the governor; P.A. 76-153 included responsibility for regional centers in commissioner's duties and again replaced office of mental retardation with independent department of mental retardation; Sec. 19-4c transferred to Sec. 19-570 in 1977; P.A. 81-185 added provisions re required notice of intended transfers of persons from one institution to another in Subsec. (a) and amended Subsec. (b) to include conservators or other legal representatives as persons authorized to request hearing; Sec. 19-570 transferred to Sec. 19a-460 in 1983; P.A. 83-64 amended Subsec. (a) to include vocational training and work activity programs under the commissioner's responsibility and supervision; P.A. 86-41 substituted references to mental retardation regions for references to regional centers and made other technical changes in Subsec. (a); P.A. 87-109 substituted “services” for “program” and “persons with mental retardation” for “mentally retarded”; P.A. 88-28 divided Subsec. (a) into two subsections, relettering Subsec. (b) as Subsec. (c) and substituted “residential, day and program support services” for “diagnostic facilities, day care centers, habilitation centers, sheltered workshops, boarding homes and other facilities”; P.A. 88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (b) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-144 amended Subsec. (b) by substituting the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 89-325 deleted the references to Secs. 19a-477 to 19a-479, inclusive, in Subsec. (a); P.A. 90-164 made technical changes in Subsec. (a) and deleted a provision requiring the council on mental retardation to recommend the appointment of the commissioner and added authority for the council to advise the governor on the appointment; Sec. 19a-460 transferred to Sec. 17a-210 in 1991; P.A. 91-193 added Subsec. (d) authorizing the parent, guardian, conservator or other legal representative of a person, or the person himself, to request a hearing by the department on certain final decisions of the department; P.A. 91-406 substituted “determination” for “decision” in the phrase “final decision” in Subsec. (d); P.A. 94-124 required that commissioner conduct investigations of allegations of abuse and neglect and made technical changes; P.A. 94-222 amended Subsec. (a) to provide for services to persons with Prader-Willi Syndrome; June 18 Sp. Sess. P.A. 97-8 made technical changes in Subsecs. (a) and (b) and in (c) added the evidentiary requirements for transfer hearings, effective July 1, 1997; P.A. 00-135 amended Subsec. (a) to add provision re power of commissioner to monitor investigations, effective May 26, 2000; P.A. 01-140 amended Subsec. (a) by making technical changes, amended Subsec. (b) by making technical changes and adding provisions re notice of right to object to transfer and withdrawal of proposed transfer, amended Subsec. (c) by making technical changes, deleting provision re request for hearing and adding provisions re objection to or request for transfer and withdrawal of proposed transfer, amended Subsec. (d) by making technical changes and deleting provisions re hearing for use of behavior-modifying medications or aversive procedures and determination of inappropriate community placement, and added new Subsec. (e) re objection to and hearing for proposed approval of use of behavior-modifying medications or aversive procedures and proposed determination of inappropriate community placement; P.A. 03-146 amended Subsec. (a) by adding provisions re duties in the event of death of a person for whom department has direct or oversight responsibility; P.A. 05-256 amended Subsec. (c) to permit person with mental retardation residing at institution or facility who is 18 years of age or older to object to transfer to another institution or facility, made technical changes in Subsec. (d), added new Subsec. (e) to permit person with mental retardation, or parent, guardian, conservator or other legal representative of person, to contest priority assignment made by department re residential placement, services or support, redesignated existing Subsec. (e) as Subsec. (f) and made technical changes therein; P.A. 07-73 amended Subsecs. (a) and (c) by renaming the Department and Commissioner of Mental Retardation as the Department and Commissioner of Developmental Services; P.A. 08-7 amended Subsec. (a) by renaming Council on Mental Retardation as Council on Developmental Services and changing reference from “retardation” to “mental retardation” and amended Subsecs. (a) and (b) by renaming state mental retardation regions as state developmental services regions, effective April 29, 2008; P.A. 08-42 amended Subsec. (a) by renaming Council on Mental Retardation as Council on Developmental Disabilities, renaming state mental retardation regions as state developmental services regions, adding provision re commissioner's responsibility for stimulating research and adding provision re operation of department's mortality review process and Independent Mortality Review Board; P.A. 09-11 made technical changes in Subsec. (a); P.A. 11-16 substituted “intellectual disability” for “mental retardation” and, in Subsec. (d), substituted “person with intellectual disability” for “person”, effective May 24, 2011; P.A. 17-61 amended Subsec. (e) by replacing “priority” with “category”, effective July 1, 2018; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by adding provision re commissioner to receive and investigate complaints from and re persons with intellectual disabilities and persons receiving autism services from department's Division of Autism Spectrum Disorder services and replacing reference to Executive Order No. 25 of Governor Rowland with reference to Executive Order No. 57 of Governor Malloy, amended Subsec. (b) by replacing reference to Office of Protection and Advocacy for Persons with Disabilities with nonprofit entity designated to serve as protection and advocacy system and deleting references to parent, conservator, guardian and institution, amended Subsec. (c) by deleting references to institution, and amended Subsecs. (d) to (f) by deleting references to parent, guardian and conservator, effective October 31, 2017, and amended Subsec. (e) by deleting reference to parent, guardian and conservator, effective July 1, 2018; P.A. 18-32 amended Subsec. (b) by replacing “persons” with “person” and “the recipient of his or her” with “such person and such person's legal representative of the person's”, effective July 1, 2018; P.A. 24-122 amended Subsec. (a) by replacing “state training school” with “Southbury Training School” and designating existing provisions re reviews following death of person for whom department has direct or oversight responsibility as new Subsec. (b), redesignated existing Subsec. (b) re development of eligibility criteria as Subsec. (c) and therein deleted provisions re patient transfers, deleted former Subsec. (c) re right to object to transfer, amended Subsec. (f) by replacing “at least ten days” with “not less than ten days” and made technical and conforming changes, effective July 1, 2024; P.A. 25-79 amended Subsec. (b) by adding provision re requirement for health care providers to provide any information deemed necessary by commissioner to complete a review, effective June 23, 2025; P.A. 25-97 amended Subsec. (f) by making a technical change.
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Sec. 17a-227. (Formerly Sec. 19a-467). Licensing and regulation of residential facilities for persons with intellectual disability, Prader-Willi syndrome or autism spectrum disorder. Disclosures re abuse or neglect. (a) No person, firm or corporation shall operate within this state a community living arrangement or community companion home that it owns, leases or rents for the lodging, care or treatment of persons with intellectual disability, Prader-Willi syndrome or autism spectrum disorder unless such person, firm or corporation, upon written application, has obtained a license issued by the Department of Developmental Services. An application for licensure under this section shall be verified by oath, but need not be notarized.
(b) The Commissioner of Developmental Services shall adopt regulations, in accordance with the provisions of chapter 54, to ensure the comfort, safety, adequate medical care and treatment of such persons at the residential facilities described in subsection (a) of this section. Such regulations shall include requirements that: (1) All residential facility staff be certified in cardiopulmonary resuscitation in a manner and time frame prescribed by the commissioner; (2) records of staffing schedules and actual staff hours worked, by residential facility, be available for inspection by the department upon advance notice; (3) each residential facility develop and implement emergency plans and staff training to address emergencies that may pose a threat to the health and safety of the residents of the facility; (4) department staff verify during quality service reviews and licensing inspections, that (A) staff is adequately trained to respond in an emergency, and (B) a summary of information on each resident is available to emergency medical personnel for use in an emergency; (5) all residential facilities serving persons with Down syndrome fifty years of age or older have at least one staff member trained in Alzheimer's disease and dementia symptoms and care; and (6) for community living arrangements, the commissioner shall determine a minimum number of licensure-related visits that are unannounced.
(c) After receiving an application and making such investigation as is deemed necessary and after finding the specified requirements to have been fulfilled, the department shall grant a license to such applicant to operate a facility of the character described in such application, which license shall specify the name of the person to have charge and the location of each facility operated under the license. Any person, firm or corporation aggrieved by any requirement of the regulations or by the refusal to grant any license may request an administrative hearing in accordance with the provisions of chapter 54. If the licensee of any such facility desires to place in charge thereof a person other than the one specified in the license, application shall be made to the Department of Developmental Services, in the same manner as provided for the original application, for permission to make such change. Such application shall be acted upon not later than ten calendar days after the date of the filing of the application. Each such license shall be renewed annually upon such terms as may be established by regulations and may be revoked by the department upon proof that the facility for which such license was issued is being improperly operated, or for the violation of any of the provisions of this section or of the regulations adopted pursuant to this section, provided the licensee shall first be given a reasonable opportunity to be heard in reference to such proposed revocation. Any person, firm or corporation aggrieved by such revocation may request an administrative hearing in accordance with the provisions of chapter 54. Each person, firm or corporation, upon filing an application under the provisions of this section for a license for a community living arrangement, shall pay to the State Treasurer the sum of fifty dollars unless such fee is waived by the commissioner.
(d) The Department of Developmental Services may contract, within available appropriations, with any qualified provider for the operation of a community-based residential facility, provided the qualified provider is licensed by the department to operate such facilities. The department shall include in all contracts with such licensed qualified providers, provisions requiring the department to (1) conduct periodic reviews of contract performance, and (2) take progressive enforcement actions if the department finds poor performance or noncompliance with the contract, as follows: (A) The licensed qualified provider may be placed on a strict schedule of monitoring and oversight by the department; (B) the licensed qualified provider may be placed on a partial-year contract; and (C) payments due under the contract may be reduced by specific amounts on a monthly basis until the licensed qualified provider complies with the contract. If compliance cannot be achieved, the department shall terminate the contract.
(e) The department may contract with any person, firm or corporation to provide residential support services for persons with intellectual disability, Prader-Willi syndrome or autism spectrum disorder who reside in settings that are not licensed by the department. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to ensure the safety, adequate supervision and support of persons receiving such residential support services.
(f) Any person, firm or corporation who operates any facility contrary to the provisions of this section shall be fined not more than one thousand dollars or imprisoned not more than six months, or both. Any person, firm or corporation who operates any facility contrary to the regulations adopted pursuant to subsection (b) of this section shall be fined not more than one thousand dollars.
(g) If the commissioner determines, after investigation of a report received pursuant to the provisions of section 46a-11b, that a person, firm or corporation licensed to operate a community living arrangement or community companion home committed abuse or neglect against a person receiving support or services from the department during a licensure period, and such determination resulted in the revocation or surrender of such person, firm or corporation's license, the commissioner may disclose (1) the name of such person, firm or corporation, (2) the date of such revocation or surrender, and (3) the type of abuse or neglect committed to (A) authorized agencies, as defined in section 17a-247a, for the purpose of protective service determinations, (B) employers whose employees provide services to persons who receive support or services from the department, (C) the Departments of Children and Families, Mental Health and Addiction Services, Social Services and Administrative Services for the purpose of making a determination on an application for (i) employment with, or (ii) licensure or certification as a provider for the Departments of Children and Families, Mental Health and Addiction Services, Social Services and Developmental Services, and (D) the Office of the Probate Court Administrator for the purpose of making determinations on petitions for guardianship pursuant to part V of chapter 802h appears on the registry.
(1969, P.A. 740, S. 1; P.A. 75-638, S. 15, 23; P.A. 77-603, S. 59, 125; P.A. 78-280, S. 2, 127; P.A. 80-110; P.A. 81-118; P.A. 82-7; P.A. 87-112, S. 1, 2; P.A. 89-375, S. 2, 5; June Sp. Sess. P.A. 91-11, S. 10, 25; P.A. 03-146, S. 2; P.A. 07-73, S. 2(a); P.A. 11-16, S. 13; P.A. 14-194, S. 3; P.A. 18-32, S. 38; P.A. 24-122, S. 16; P.A. 25-79, S. 6; 25-97, S. 25.)
History: P.A. 75-638 replaced office of mental retardation in health department with independent department of mental retardation; Sec. 19-4g transferred to Sec. 19-574 in 1977; P.A. 77-603 replaced previous appeal provisions with statement that appeals be made in accordance with Sec. 4-183 and added reference to judicial districts; P.A. 78-280 deleted reference to counties; P.A. 80-110 inserted new Subsec. (c) re contracts with nonprofit organizations and redesignated former Subsec. (c) as (d); P.A. 81-118 amended Subsecs. (a) and (b) to extend the licensing authority of the department of mental retardation to residential facilities for autistic persons, to exempt from the licensing fee requirement residential facilities for less than five persons and to delete specific expiration date of December thirty-first, referring instead to annual renewal as provided by regulation; P.A. 82-7 amended Subsec. (c) to require that community-based residential facilities for the mentally retarded operated by nonprofit organizations be licensed by the department of mental retardation, where previously Subsec. required that “programs” be “supervised” by mental retardation department; Sec. 19-574 transferred to Sec. 19a-467 in 1983; P.A. 87-112 amended Subsec. (c) to remove restriction limiting contracting authority to contracts with nonprofit organizations only; P.A. 89-375 made technical changes and inserted new Subsec. (d) re contracts for provision of residential support services, relettered existing Subsec. (d) as (e) and amended (e) by adding language re the fine for violation of regulations; Sec. 19a-467 transferred to Sec. 17a-227 in 1991; June Sp. Sess. P.A. 91-11 amended Subsec. (c) to make department's ability to contract subject to available appropriations; P.A. 03-146 amended Subsec. (b) by adding Subdivs. (1) to (5) re requirements to be included in regulations, redesignated existing provisions of Subsec. (b) re license as new Subsec. (c), redesignated existing Subsecs. (c) to (e) as Subsecs. (d) to (f), and amended Subsec. (d) by making a technical change and adding requirements for enforcing contract provisions with providers, effective July 1, 2004; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsec. (a) by substituting “operate” for “conduct or maintain”, substituting “community living arrangement or community companion home” for “residential facility” and substituting “persons with intellectual disability, Prader-Willi syndrome or autism spectrum disorder” for “persons with mental retardation or autistic persons”, amended Subsec. (b) by adding provisions re quality service reviews and facility visits, amended Subsec. (c) by substituting provisions re aggrieved persons may request administrative hearing in accordance with chapter 54 for provisions re appeal in accordance with Sec. 4-183 and by substituting “community living arrangement” for “facility providing residential services for five or more persons”, amended Subsec. (d) by substituting “qualified provider” for “organization” and by eliminating “notwithstanding any regulation to the contrary, subject to the provisions of this subsection”, amended Subsec. (e) by substituting “persons with intellectual disability, Prader-Willi syndrome or autism spectrum disorder” for “persons with mental retardation”, amended Subsec. (f) by substituting “operates” for “conducts”, and made technical changes, effective May 24, 2011; P.A. 14-194 amended Subsec. (b) to add new Subdiv. (5) re Alzheimer's disease and dementia training requirement and redesignate existing Subdiv. (5) as Subdiv. (6); P.A. 18-32 amended Subsec. (a) by adding provision re notarization of application not needed, amended Subsec. (b) by making a technical change and replacing provision re quality service reviews, licensing inspections and facility visits with provision re commissioner to determine minimum number of licensure-related visits of community-living arrangements in Subdiv. (6), and amended Subsec. (c) by adding provision re waiver of application fee; P.A. 24-122 added Subsec. (g) re disclosures by commissioner in cases of abuse or neglect and made technical changes throughout, effective June 5, 2024; P.A. 25-79 amended Subsec. (g) by adding Subdiv. (3)(D) re Office of the Probate Court Administrator and making a conforming change; P.A. 25-97 amended Subsec. (f) by making a technical change.
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Sec. 17a-238a. Information available to individuals eligible for funding or services from Department of Developmental Services. Report. State-wide comprehensive residential waiting list. Assessment of need for future residential funding or services. Review. (a) For purposes of this section:
(1) “Category” means the department's assessment of the urgency of an individual's need for funding or services from the department.
(2) “Department” means the Department of Developmental Services.
(3) “Level of need assessment” means the department's method of determining, through the use of a standardized screening tool, an individual's need for funding or services from the department.
(4) “Planning and resource allocation team” means the department's staff members who are responsible for (A) establishing an individual's category, (B) approving or denying an individual's request for funding or services, and (C) allocating resources to individuals receiving funding or services from the department.
(5) “Residential waiting list” means data maintained by the department that includes the number of individuals with intellectual disability who (A) have requested residential funding or services from the department, (B) have been determined by the department to be in need of such funding or services, and (C) are unable to receive such funding or services because of the department's inability to provide such funding or services within existing appropriations.
(b) An individual determined by the department to be eligible for funding or services from the department, or such individual's legal representative, may request and, if requested, shall obtain from the department a copy of (1) such individual's category for residential funding or services, if the individual has an unmet need for residential services, (2) such individual's request for funding or services submitted to the regional planning and resource allocation team, and (3) any decision on the individual's request for funding or services made by the regional planning and resource allocation team. Additionally, any such individual who receives annual funding or services from the department, or such individual's legal representative, may request and, if requested, shall obtain from the department a copy of such individual's (A) individual plan, and (B) level of need assessment.
(c) The Commissioner of Developmental Services shall report, in accordance with the provisions of section 11-4a, at least annually, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies concerning the number of individuals determined by the department to be eligible for funding or services from the department and who (1) have unmet residential care needs, (2) have unmet employment opportunity and day service needs, or (3) are eligible for the department's children's services program and are waiting for a funding allocation. The commissioner shall post such report on the department's Internet web site.
(d) The commissioner shall develop and maintain one state-wide comprehensive residential waiting list. Such waiting list shall (1) be organized by geographic region, (2) identify the type of residential funding or services each individual is requesting, and (3) include the estimated time period that the residential funding or services would be accepted by such individual. The commissioner shall update such list not less than quarterly.
(e) On or before August 1, 2018, and at least annually thereafter, the commissioner or his or her designee shall, in consultation with (1) each individual with intellectual disability who is eligible to receive residential funding or services from the department and who has an individual plan, and (2) the individual's legal representative, if applicable, assess the individual's need for future residential funding or services from the department. Such assessment shall include an indication of the time period when each support or service would be accepted by such individual based on information collected at the annual meeting.
(f) On or before December 1, 2018, and at least annually thereafter, the commissioner or his or her designee, shall review the residential waiting list with the advisory and planning councils, appointed pursuant to section 17a-273, and the Council on Developmental Services, established pursuant to section 17a-270.
(P.A. 16-60, S. 1; P.A. 17-61, S. 2; 17-188, S. 5; P.A. 18-32, S. 17; June Sp. Sess. P.A. 21-2, S. 67; P.A. 25-79, S. 8.)
History: P.A. 16-60 effective May 26, 2016; P.A. 17-61 amended Subsec. (a) by adding new Subdiv. (1) re definition of “category”, redesignating existing Subdivs. (1) and (2) as new Subdivs. (2) and (3), deleting former Subdiv. (3) re definition of “priority status”, replacing “priority status” with “category” in Subdiv. (4), and adding new Subdiv. (5) re definition of “residential waiting list”, amended Subsec. (b) by replacing “priority status” with “category” and making a technical change in Subdiv. (1), amended Subsec. (c) by replacing provision re commissioner to report to public health and appropriations committees with provision re commissioner to report annually on department's web site, added Subsec. (d) re state-wide comprehensive residential waiting list, added Subsec. (e) re assessment of need for future residential funding or services and added Subsec. (f) re annual review of residential waiting list with advisory planning councils, effective July 1, 2018; P.A. 17-188 amended Subsec. (c) by making a technical change; P.A. 18-32 amended Subsec. (b) by deleting references to guardian, effective July 1, 2018; June Sp. Sess. P.A. 21-2 amended Subsec. (c) by adding provision re commissioner to report to public health and appropriations committees and making a technical change, effective June 23, 2021; P.A. 25-79 amended Subsec. (c)(3) by replacing “behavioral services program” with “children's services program”.
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Sec. 17a-238b. Medicaid waiver programs. Waiting list reduction. Required reporting. (a) The Commissioner of Developmental Services, in consultation with the Commissioner of Social Services and the Secretary of the Office of Policy and Management, shall reduce waiting lists for services in Medicaid waiver programs established under Section 1915(c) of the Social Security Act and administered by the Department of Developmental Services. Not later than January 1, 2024, and annually thereafter, the Commissioner of Developmental Services, in consultation with the Office of Policy and Management staff person employed pursuant to section 4-67bb to help agencies coordinate programs and services for individuals who have an intellectual or developmental disability other than autism spectrum disorder, shall file a report, in accordance with the provisions of section 11-4a, with the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services and public health. The report shall include, but need not be limited to, data from the prior fiscal year regarding information on persons currently receiving services through the Medicaid waiver programs administered by the Department of Developmental Services. Such information shall include aggregated, deidentified data regarding the following:
(1) The number and age ranges of persons who are not receiving services through the department's Medicaid waiver programs and are included on the department's waiting list for residential services;
(2) The number and age ranges of persons who are currently receiving Medicaid waiver program services through the department, but are waiting for residential services and are included on the department's waiting list for residential support services, including the type of services being provided;
(3) Whether such waiting lists have increased or decreased over the previous fiscal year and, if so, by how many persons;
(4) The number of persons who have an intellectual or developmental disability other than autism spectrum disorder who are waiting for access to employment opportunities or day services;
(5) The number and age ranges of the primary caregiver for persons with an intellectual or developmental disability other than autism spectrum disorder who are living in their family home;
(6) Recommendations and initiatives the department is developing to reduce the waiting list over the next fiscal year;
(7) The number and age ranges of individuals currently being served through the Medicaid waiver programs;
(8) The number and age ranges of individuals currently receiving residential services through the Medicaid waiver programs; and
(9) The number and age ranges of persons added to and subtracted from waiting lists over the previous fiscal year.
(b) The commissioner shall post the report on the department's Internet web site.
(P.A. 23-137, S. 3; P.A. 24-35, S. 3; 24-134, S. 7; P.A. 25-39, S. 13.)
History: P.A. 23-137 effective July 1, 2023; P.A. 24-35 made a technical change, effective May 21, 2024; P.A. 24-134 inserted Subsec. (a) designator and changed duty to file report from Office of Policy and Management staff coordinator to Commissioner of Developmental Services in consultation with said coordinator, added provisions re report to include aggregated, deidentified data and be filed with committees of cognizance, amended Subdiv. (1) to require information on number and age ranges of persons on waiting list and delete required data re underserved persons, amended Subdiv. (2) to delete required data re persons added and subtracted from waiting list and add data requirement re persons waiting for residential support services, added Subdiv. (3) designator to provisions re waiting lists and changed “calendar year” to “fiscal year” and made technical changes, added Subdivs. (4) to (9), and added Subsec. (b) re additional reporting requirements, effective June 6, 2024; P.A. 25-39 made technical changes in Subsec. (a)(1) and (2).
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Sec. 17a-238c. Quarterly reports on expenditures of state funds, funding lapse forecasts, waiting lists. Not later than September 30, 2025, and quarterly thereafter, the Commissioner of Developmental Services shall file a report describing (1) progress in expending funds appropriated for programs administered by the Department of Developmental Services, (2) what services such funds were spent on, (3) whether lapsed funds are anticipated at the end of the fiscal year ending on June thirtieth, (4) if applicable, reasons appropriated funds were not expended, and (5) waiting lists for services provided by the department. The commissioner shall file the report, in accordance with the provisions of section 11-4a, with the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, human services and public health and post the report on the Internet web site of the Department of Developmental Services.
(P.A. 25-89, S. 2.)
History: P.A. 25-89 effective July 1, 2025.
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Sec. 17a-247a. Definitions. As used in this section and sections 17a-247b to 17a-247f, inclusive:
(1) “Abuse” means (A) the wilful infliction by an employee of physical pain or injury, financial exploitation, psychological abuse or verbal abuse; (B) the wilful deprivation of services necessary to the physical and mental health and safety of an individual who receives services or funding from the department; or (C) sexual abuse.
(2) “Authorized agency” means any agency authorized in accordance with the general statutes to conduct abuse and neglect investigations and responsible for issuing or carrying out protective services for persons with intellectual disability.
(3) “Commissioner” means the Commissioner of Developmental Services, or his or her designee.
(4) “Community companion home licensee” means a person who (A) provides residential supports and services to not more than three individuals within such person's private residence, and (B) is licensed to operate a community companion home pursuant to section 17a-227.
(5) “Community companion home designee” means any person who, at the direction of a community companion home licensee, provides support or services at a community companion home, licensed pursuant to section 17a-227, when the community companion home licensee is absent from such community companion home.
(6) “Department” means the Department of Developmental Services.
(7) “Employee” means any person employed (A) by the department, or (B) by an agency, organization or person that is licensed or funded by the department.
(8) “Employer” means (A) the department, or (B) an agency, organization or person that is licensed or funded by the department.
(9) “Financial exploitation” means the theft, misappropriation or unauthorized or improper use of property, money or other resource that is intended to be used by or for an individual who receives services or funding from the department.
(10) “Neglect” means the failure by an employee, through action or inaction, to provide an individual who receives services or funding from the department with the services necessary to maintain such individual's physical and mental health and safety.
(11) “Protective services” has the same meaning as provided in section 46a-11a.
(12) “Psychological abuse” means an act intended to (A) humiliate, intimidate, degrade or demean an individual who receives services or funding from the department, (B) inflict emotional harm or invoke fear in such individual, or (C) otherwise negatively impact the mental health of such individual.
(13) “Registry” means a centralized data base containing information regarding substantiated abuse or neglect.
(14) “Sexual abuse” means (A) any sexual contact between an individual who receives services or funding from the department, regardless of such individual's ability to consent, and an employee, or (B) the encouragement by an employee of an individual who receives services or funding from the department to engage in sexual activity.
(15) “Substantiated abuse or neglect” means a determination by an authorized agency, following an investigation conducted or monitored by such agency, that (A) abuse or neglect of an individual who receives services or funding from the department, or (B) there has been a criminal conviction of a felony or misdemeanor involving abuse or neglect.
(16) “Verbal abuse” means the use of offensive or intimidating language that is intended to provoke or cause the distress of an individual who receives services or funding from the department.
(June 18 Sp. Sess. P.A. 97-2, S. 156, 165; P.A. 98-133, S. 1; P.A. 00-37, S. 1, 5; P.A. 07-73, S. 2(a), (b); June Sp. Sess. P.A. 10-1, S. 65; P.A. 11-16, S. 21; P.A. 14-165, S. 1; May Sp. Sess. P.A. 16-3, S. 50; P.A. 17-96, S. 11; P.A. 25-79, S. 4.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended Subdiv. (5) by replacing person “with mental retardation” with person who is eligible for and receives services, amended Subdiv. (5) and Subdiv. (6) by deleting reference to those who provide or hire others to provide services to the department and amended Subdiv. (11) by replacing “final decision” with determination by an authorized agency following an investigation; P.A. 00-37 made technical changes in Subdivs. (8) and (9), effective May 1, 2000; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; June Sp. Sess. P.A. 10-1 deleted reference to Sec. 2c-2b(a)(31); P.A. 11-16 amended Subdiv. (2) by substituting “persons with intellectual disability” for “persons with mental retardation”, effective May 24, 2011; P.A. 14-165 added reference to Sec. 17a-247f in introductory language, amended Subdiv. (1) by redefining “abuse”, amended Subdiv. (2) by adding reference to individuals receiving services or funding from department's Division of Autism Spectrum Disorder Services, deleted former Subdiv. (5) re definition of “department client”, redesignated existing Subdivs. (6) and (7) as Subdivs. (5) and (6), added new Subdiv. (7) defining “financial exploitation”, amended Subdiv. (8) by replacing “a department client” with “an individual who receives services or funding from the department”, added new Subdiv. (10) defining “psychological abuse”, redesignated existing Subdiv. (10) as Subdiv. (11), added new Subdiv. (12) defining “sexual abuse”, redesignated existing Subdiv. (11) as Subdiv. (13) and amended same by replacing “a department client” with “an individual who receives services or funding from the department”, added Subdiv. (14) defining “verbal abuse”, replaced “individual” with “person” throughout and made technical and conforming changes; May Sp. Sess. P.A. 16-3 amended Subdiv. (2) to replace “department's” with “Department of Social Services'” and amended Subdiv. (13) to add reference to Department of Social Services' Division of Autism Spectrum Disorder Services, effective July 1, 2016; P.A. 17-96 amended Subdivs. (2) and (13)(A) to delete references to individuals receiving services or funding from Department of Social Services' Division of Autism Spectrum Disorder Services, and amended Subdiv. (3) to add “or his or her designee”, effective June 30, 2017; P.A. 25-79 added new Subdiv (4) defining “community companion home licensee” and new Subdiv. (5) defining “community companion home designee” and redesignated existing Subdivs. (4) to (14) as Subdivs. (6) to (16).
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Sec. 17a-247b. Establishment and maintenance of registry. (a) The Department of Developmental Services shall establish and maintain a registry of (1) former employees who have been terminated or separated from employment as a result of substantiated abuse or neglect, (2) community companion home licensees whose licenses have been revoked or who have surrendered their licenses as a result of substantiated abuse or neglect, and (3) community companion home designees against whom an authorized agency has made a finding substantiating abuse or neglect. The department shall, for the purposes of maintaining the registry, be capable of responding to inquiries in accordance with subsection (c) of this section as to whether a former employee has been terminated or separated from employment as a result of substantiated abuse or neglect, whether a community companion home licensee has had his or her license revoked or has surrendered his or her license as a result of substantiated abuse or neglect, and whether an authorized agency has made a finding substantiating abuse or neglect against a community companion home designee. Such capability may include response by telephone voice mail or other automated response for initial inquiries.
(b) The registry shall include, but not be limited to, the following: (1) The names, addresses and Social Security numbers of (A) former employees terminated or separated from employment as a result of substantiated abuse or neglect, (B) community companion home licensees whose licenses have been revoked or who have surrendered their licenses as a result of substantiated abuse or neglect, and (C) community companion home designees against whom an authorized agency has made a finding substantiating abuse or neglect; (2) the date of (A) termination or separation, (B) license revocation or surrender, as applicable, and (C) for community companion home designees, an authorized agency's finding substantiating abuse or neglect; (3) the type of abuse or neglect; and (4) the name of any employer or authorized agency requesting information from the registry, the reason for the request and the date of the request.
(c) The department shall make information in the registry available only to: (1) Authorized agencies, for the purpose of protective service determinations; (2) employers who employ employees to provide services to an individual who receives services or funding from the department; (3) the Departments of Children and Families, Mental Health and Addiction Services, Social Services and Administrative Services and the Office of Labor Relations, for the purpose of determining whether an applicant for employment with the Departments of Children and Families, Developmental Services, Mental Health and Addiction Services and Social Services appears on the registry; (4) the Office of the Probate Court Administrator, for the purpose of determining whether a person proposed for appointment as a guardian pursuant to part V of chapter 802h appears on the registry; or (5) charitable organizations that recruit volunteers to support programs for persons with intellectual disability or autism spectrum disorder, upon application to and approval by the commissioner, for purposes of conducting background checks on such volunteers.
(d) The department shall limit responses to requests for identifying information from the registry established under this section to (1) identification of (A) the former employee terminated or separated from employment for substantiated abuse or neglect, (B) the community companion home licensee whose license has been revoked or surrendered for substantiated abuse or neglect, or (C) the community companion home designee against whom an authorized agency has made a finding substantiating abuse or neglect, and (2) the type of abuse or neglect so substantiated.
(e) Not later than five business days after receipt of written notification by an authorized agency of the substantiation of abuse or neglect by (1) a former employee who has been terminated or separated from employment for such abuse or neglect, (2) a community companion home licensee whose license has been revoked or surrendered as a result of such abuse or neglect, or (3) a community companion home designee, an employer or, in the case of a community companion home designee, a community companion home, shall submit to the department the name of such former employee or community companion home designee and such other information as the department may request. Upon receipt of any such notification, the department shall conduct a hearing in accordance with sections 4-177 to 4-181a, inclusive, governing contested cases. The department shall not place a former employee, community companion home licensee or community companion home designee's name on the registry until the department has completed the hearing and the hearing has resulted in a decision to place the former employee, community companion home licensee or community companion home designee's name on the registry.
(f) Upon completion of an investigation in which the department determines that a community companion home licensee committed substantiated abuse and neglect, the department shall notify such community companion home licensee that his or her license may be revoked and his or her name is to be placed on the registry. Any such community companion home licensee may request an administrative hearing to contest such license revocation and registry placement. Such hearing shall be conducted in conjunction with a revocation hearing requested pursuant to section 17a-227. If such community companion home licensee submits such a revocation hearing request, the department shall not place such community companion home licensee's name on the registry until the department has completed the hearing and the hearing has resulted in a decision to place the community companion home licensee's name on the registry.
(g) The department shall remove a former employee, community companion home licensee or community companion home designee's name from the registry (1) if an arbitration or a legal proceeding results in a finding that the former employee was unfairly terminated from employment, or (2) upon the submittal to the department of such employee, community companion home licensee or community companion home designee's death certificate.
(h) No employer shall be liable in any civil action for damages brought by an employee, former employee or an applicant for employment whose name appears on the registry established by this section arising out of the conduct of the employer in (1) making any report in good faith pursuant to subsection (e) of this section, (2) testifying under oath in any administrative or judicial proceeding arising from such report, (3) refusing to hire or to retain any person whose name appears on the registry established under this section, or (4) taking any other action to conform to the requirements of this section. The immunity provided in this subsection shall not apply to gross negligence or to wilful or wanton misconduct.
(June 18 Sp. Sess. P.A. 97-2, S. 157, 165; P.A. 98-133, S. 2; P.A. 00-37, S. 2, 5; P.A. 07-73, S. 2(a); 07-238, S. 4; P.A. 11-26, S. 1; P.A. 14-165, S. 3; P.A. 17-96, S. 12; P.A. 21-135, S. 1; P.A. 24-122, S. 12; P.A. 25-79, S. 5.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended Subsec. (c) by changing employers “seeking to employ a person” to employers “who employ individuals”, amended Subsec. (e) requiring employers to submit names five business days following “receipt of written notification by an authorized agency of the substantiation of abuse or neglect by an employee who has been terminated or separated from employment for such abuse or neglect” rather than following “an employee's termination or separation from employment for abuse or neglect”, deleted requirement that the department make a determination of substantiated abuse or neglect before placing a name on the registry and replaced it with a requirement of a hearing in accordance with sections 4-177 to 4-181a and a decision before placing a name on the registry, added new Subsec. (f) re removal of name from registry and relettered remaining section accordingly; P.A. 00-37 amended Subsec. (a) by adding provision re responding to inquiries in accordance with Subsec. (c), by providing that response capability may include response by telephone voice mail or other automated response, and by deleting mandatory automated response requirement, and amended Subsec. (c) by deleting provision re limited information available through an automated response to an initial inquiry, effective May 1, 2000; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 07-238 added Subsec. (c)(3) to make registry information available to Departments of Children and Families and Mental Health and Addiction Services for the purpose of determining whether applicant for employment appears on the registry; P.A. 11-26 added Subsec. (c)(4) making registry information available to charitable organizations which recruit volunteers to support programs for persons with intellectual disability, for purposes of conducting background checks on such volunteers, effective June 3, 2011; P.A. 14-165 amended Subsec. (c) by replacing “a department client” with “an individual who receives services or funding from the department” in Subdiv. (2) and by adding reference to autism spectrum disorder in Subdiv. (4), replaced references to individual and employee with references to former employee throughout and made technical changes; P.A. 17-96 amended Subsec. (c)(3) to add reference to Department of Social Services, effective June 30, 2017; P.A. 21-135 amended Subsec. (c)(3) by making registry information available to Department of Administrative Services and adding provision specifying agencies re applicant for employment, effective July 7, 2021; P.A. 24-122 amended Subsec. (c) by adding “and the Office of Labor Relations”, effective June 5, 2024; P.A. 25-79 substantially revised section by adding community companion home licensees and designees as persons eligible for inclusion on registry including adding references to such licensees and designees throughout, amending Subsec. (c) by adding new Subdiv. (4) re Office of the Probate Court Administrator and redesignating existing Subdiv. (4) as Subdiv (5), adding new Subsec. (f) re procedures to be followed after department investigation determining a community companion home licensee committed substantiated abuse and neglect, redesignating existing Subsecs. (f) and (g) as Subsecs. (g) and (h), and making technical and conforming changes.
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Sec. 17a-247i. Annual abuse, neglect reports. Five-year policy and procedure review regarding abuse and neglect reporting, investigations. (a) Not later than January 15, 2026, and annually thereafter, the Commissioner of Developmental Services shall file a report regarding abuse and neglect reports filed and investigations conducted pursuant to sections 17a-247b, 17a-247f and 46a-11c. Such report shall include: (1) The number of abuse and neglect complaints received by the Department of Developmental Services in the previous calendar year, including deaths of persons reported; (2) the number and type of complaints that were investigated by the department and the percentage of such complaints investigated directly by the department or by private providers; (3) the number and percentage of cases that were substantiated; and (4) what, if any, administrative action was taken by the department regarding such substantiated complaints, including distribution of outcomes and recommendations. The commissioner shall post the report on the department's Internet web site and file the report, in accordance with the provisions of section 11-4a, with the joint standing committees of the General Assembly having cognizance of matters relating to human services and public health.
(b) Not later than February 1, 2026, and every five years thereafter, the commissioner shall review the policies and procedures of the department as they relate to reports and investigations of abuse and neglect and post any updates to the policies and procedures on the department's Internet web site. Such review shall include: (1) Ensuring the policies and procedures reflect the current process in place for investigating reports of abuse and neglect; (2) reviewing the department's method for sharing information regarding substantiated abuse and neglect complaints with the person reported to be the victim of such abuse or neglect or such person's legal representative while continuing to maintain confidentiality of the records as prescribed in section 17a-247d; and (3) obtaining feedback on the policies and procedures from qualified providers as determined by the commissioner.
(P.A. 25-89, S. 1.)
History: P.A. 25-89 effective June 23, 2025.
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Sec. 17a-248b. State Interagency Birth-to-Three Coordinating Council. (a) The lead agency shall establish a State Interagency Birth-to-Three Coordinating Council and shall provide staff assistance and other resources to the council. The council shall consist of the following members, appointed by the Governor: (1) Parents, including parents of children with disabilities twelve years of age or younger representing culturally diverse communities, with knowledge of, or experience with, programs for children with disabilities from birth to thirty-six months of age, the total number of whom shall equal not less than twenty per cent of the total membership of the council, and at least one of whom shall be a parent of a child six years of age or younger, with a disability; (2) two members of the General Assembly at the time of their appointment, one of whom shall be designated by the speaker of the House of Representatives and one of whom shall be designated by the president pro tempore of the Senate; (3) one person involved in the training of personnel who provide early intervention services; (4) one person who is a member of the American Academy of Pediatrics; (5) the state coordinator of education for homeless children and youth, the state coordinator for early childhood special education and one person from each of the participating agencies, except the Department of Education, who shall be designated by the commissioner or executive director of the participating agency and who have authority to engage in policy planning and implementation on behalf of the participating agency; (6) public or private providers of early intervention services, the total number of whom shall equal not less than twenty per cent of the total membership of the council; and (7) a representative of a Head Start program or agency. The Governor shall designate the chairperson of the council who shall not be the designee of the lead agency.
(b) The Governor shall appoint all members of the council for terms of three years. Members appointed to the council pursuant to subdivisions (1) to (4), inclusive, and (6) and (7) of subsection (a) of this section may serve not more than two consecutive terms, except a member may continue to serve until a successor is appointed.
(c) The council shall meet at least quarterly and shall provide public notice of its meetings, which shall be open and accessible to the general public. Special meetings may be called by the chairperson and shall be called at the request of the commissioner.
(d) Council members who are parents of children with disabilities shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties under this section.
(e) The council shall: (1) Assist the lead agency in the effective performance of the lead agency's responsibilities under section 17a-248, this section and sections 17a-248c to 17a-248g, inclusive, 38a-490a and 38a-516a, including identifying the sources of fiscal support for early intervention services and programs, assignment of financial responsibility to the appropriate agency, promotion of interagency agreements and preparing applications and amendments required pursuant to federal law; (2) advise and assist the commissioner and other participating agencies in the development of standards and procedures pursuant to said sections; (3) advise and assist the commissioner and the Commissioner of Education regarding the transition of children with disabilities to services provided under sections 10-76a to 10-76h, inclusive; (4) advise and assist the commissioner in identifying barriers that impede timely and effective service delivery, including advice and assistance with regard to interagency disputes; and (5) prepare and submit an annual report in accordance with section 11-4a to the Governor and the General Assembly on the status of the birth-to-three system. At least thirty days prior to the commissioner's final approval of rules and regulations pursuant to section 17a-248, this section, sections 17a-248c to 17a-248g, inclusive, 38a-490a and 38a-516a, other than emergency rules and regulations, the commissioner shall submit proposed rules and regulations to the council for its review. The council shall review all proposed rules and regulations and report its recommendations thereon to the commissioner within thirty days. The commissioner shall not act in a manner inconsistent with the recommendations of the council without first providing the reasons for such action. The council, upon a majority vote of its members, may require that an alternative approach to the proposed rules and regulations be published with a notice of the proposed rules and regulations pursuant to chapter 54. When an alternative approach is published pursuant to this section, the commissioner shall state the reasons for not selecting such alternative approach.
(P.A. 96-185, S. 8, 16; P.A. 98-250, S. 5, 39; June Sp. Sess. P.A. 99-2, S. 28; P.A. 00-27, S. 2, 24; P.A. 05-256, S. 7; P.A. 06-196, S. 206; P.A. 13-20, S. 5; P.A. 25-143, S. 4.)
History: P.A. 96-185 effective July 1, 1996 (Revisor's note: In Subsec. (a) a reference to the “chair” of the council was replaced editorially by the Revisors with “chairperson” for conformity with Subsec. (c) and customary statutory usage); P.A. 98-250 increased number of parents from five to six and added a representative of a Head Start program or agency, effective July 1, 1998; June Sp. Sess. P.A. 99-2 amended Subsec. (b) by replacing staggered appointments with appointed for three years; P.A. 00-27 made technical changes, effective May 1, 2000; P.A. 05-256 amended Subsec. (a)(1) to require that the total number of parents on council equal not less than 20% of total membership and Subsec. (a)(6) to require that the total number of public or private providers on council equal not less than 20% of total membership, effective June 30, 2005; P.A. 06-196 made a technical change in Subsec. (a)(1), effective June 7, 2006; P.A. 13-20 amended Subsec. (a)(5) by adding state coordinator of education for homeless children and youth and state coordinator for early childhood special education and adding exception to requirement of one person from each participating agency for Department of Education, and amended Subsec. (b) by adding provision re number of terms council member may serve; P.A. 25-143 deleted “minority” and added “representing culturally diverse communities” in Subsec. (a) and replaced the prohibition on members serving 2 consecutive terms with an allowance for certain members to serve not more than 2 consecutive terms, effective July 1, 2025.
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Sec. 17a-248g. *(See end of section for amended version and effective date.) Birth-to-three funding. Fees for services prohibited. Insurance coverage. General administrative payments. (a) Subject to the provisions of this section, funds appropriated to the lead agency for purposes of section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall not be used to satisfy a financial commitment for services that would have been paid from another public or private source but for the enactment of said sections, except for federal funds available pursuant to Part C of the Individuals with Disabilities Education Act, 20 USC 1431 et seq., except that whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the eligible child or family in a timely fashion, funds provided under said sections may be used to pay the service provider pending reimbursement from the public or private source that has ultimate responsibility for the payment.
(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall be construed to permit the Department of Social Services or any other state agency to reduce medical assistance pursuant to this chapter or other assistance or services available to eligible children. Notwithstanding any provision of the general statutes, costs incurred for early intervention services that otherwise qualify as medical assistance that are furnished to an eligible child who is also eligible for benefits pursuant to this chapter shall be considered medical assistance for purposes of payments to providers and state reimbursement to the extent that federal financial participation is available for such services.
(c) Providers of early intervention services shall, in the first instance and where applicable, seek payment from all third-party payers prior to claiming payment from the birth-to-three system for services rendered to eligible children, provided, for the purpose of seeking payment from the Medicaid program or from other third-party payers as agreed upon by the provider, the obligation to seek payment shall not apply to a payment from a third-party payer who is not prohibited from applying such payment, and who will apply such payment, to an annual or lifetime limit specified in the third-party payer's policy or contract.
(d) The commissioner, in consultation with the Office of Policy and Management and the Insurance Commissioner, shall adopt regulations, pursuant to chapter 54, providing public reimbursement for deductibles and copayments imposed under an insurance policy or health benefit plan to the extent that such deductibles and copayments are applicable to early intervention services.
(e) The commissioner shall not charge a fee for early intervention services to the parents or legal guardians of eligible children.
(f) With respect to early intervention services rendered prior to June 16, 2021, the commissioner shall develop and implement procedures to hold a recipient harmless for the impact of pursuit of payment for such services against lifetime insurance limits.
(g) Notwithstanding any provision of title 38a relating to the permissible exclusion of payments for services under governmental programs, no such exclusion shall apply with respect to payments made pursuant to section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a. Except as provided in this subsection, nothing in this section shall increase or enhance coverages provided for within an insurance contract subject to the provisions of section 10-94f, subsection (a) of section 10-94g, sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and sections 38a-490a and 38a-516a.
(h) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, the commissioner shall make a general administrative payment to providers in the amount of two hundred dollars for each child with an individualized family service plan on the first day of the billing month and whose plan accounts for less than nine hours of service during such billing month, provided at least one service is provided by such provider during such billing month.
(P.A. 96-185, S. 5, 16; P.A. 00-27, S. 5, 24; P.A. 02-89, S. 26; June 30 Sp. Sess. P.A. 03-3, S. 9; P.A. 04-54, S. 2; P.A. 07-73, S. 2(a); Sept. Sp. Sess. P.A. 09-3, S. 44; P.A. 10-93, S. 6; June Sp. Sess. P.A. 15-5, S. 260; P.A. 19-121, S. 12; P.A. 21-46, S. 24; P.A. 22-81, S. 12; 22-140, S. 5; P.A. 23-101, S. 3.)
*Note: On and after July 1, 2026, this section, as amended by section 310 of public act 25-168, is to read as follows:
“Sec. 17a-248g. Birth-to-three funding. Fees for services prohibited. Insurance coverage. (a) Subject to the provisions of this section, funds appropriated to the lead agency for purposes of section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall not be used to satisfy a financial commitment for services that would have been paid from another public or private source but for the enactment of said sections, except for federal funds available pursuant to Part C of the Individuals with Disabilities Education Act, 20 USC 1431 et seq., except that whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the eligible child or family in a timely fashion, funds provided under said sections may be used to pay the service provider pending reimbursement from the public or private source that has ultimate responsibility for the payment.
(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall be construed to permit the Department of Social Services or any other state agency to reduce medical assistance pursuant to this chapter or other assistance or services available to eligible children. Notwithstanding any provision of the general statutes, costs incurred for early intervention services that otherwise qualify as medical assistance that are furnished to an eligible child who is also eligible for benefits pursuant to this chapter shall be considered medical assistance for purposes of payments to providers and state reimbursement to the extent that federal financial participation is available for such services.
(c) Providers of early intervention services shall, in the first instance and where applicable, seek payment from all third-party payers prior to claiming payment from the birth-to-three system for services rendered to eligible children, provided, for the purpose of seeking payment from the Medicaid program or from other third-party payers as agreed upon by the provider, the obligation to seek payment shall not apply to a payment from a third-party payer who is not prohibited from applying such payment, and who will apply such payment, to an annual or lifetime limit specified in the third-party payer's policy or contract.
(d) The commissioner, in consultation with the Office of Policy and Management and the Insurance Commissioner, shall adopt regulations, pursuant to chapter 54, providing public reimbursement for deductibles and copayments imposed under an insurance policy or health benefit plan to the extent that such deductibles and copayments are applicable to early intervention services.
(e) The commissioner shall not charge a fee for early intervention services to the parents or legal guardians of eligible children.
(f) With respect to early intervention services rendered prior to June 16, 2021, the commissioner shall develop and implement procedures to hold a recipient harmless for the impact of pursuit of payment for such services against lifetime insurance limits.
(g) Notwithstanding any provision of title 38a relating to the permissible exclusion of payments for services under governmental programs, no such exclusion shall apply with respect to payments made pursuant to section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a. Except as provided in this subsection, nothing in this section shall increase or enhance coverages provided for within an insurance contract subject to the provisions of section 10-94f, subsection (a) of section 10-94g, sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and sections 38a-490a and 38a-516a.”
(P.A. 96-185, S. 5, 16; P.A. 00-27, S. 5, 24; P.A. 02-89, S. 26; June 30 Sp. Sess. P.A. 03-3, S. 9; P.A. 04-54, S. 2; P.A. 07-73, S. 2(a); Sept. Sp. Sess. P.A. 09-3, S. 44; P.A. 10-93, S. 6; June Sp. Sess. P.A. 15-5, S. 260; P.A. 19-121, S. 12; P.A. 21-46, S. 24; P.A. 22-81, S. 12; 22-140, S. 5; P.A. 23-101, S. 3; P.A. 25-168, S. 310.)
History: P.A. 96-185 effective July 1, 1996; P.A. 00-27 made technical changes, effective May 1, 2000; P.A. 02-89 amended Subsec. (g) to delete reference to Sec. 19a-1c, reflecting the repeal of said section by the same public act; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (e) by requiring fees to be charged to parents or guardians earning $45,000 or more and by making technical changes, effective August 20, 2003; P.A. 04-54 added Subsec. (h) re signature of advanced practice registered nurse deemed sufficient to order services included in individualized family service plan, effective May 4, 2004; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; Sept. Sp. Sess. P.A. 09-3 amended Subsec. (e) by authorizing commissioner to periodically revise fee schedule, giving consideration to financial resources of the state and the parents and legal guardians of eligible children, and by providing that on and after October 6, 2009, such fees shall be 60% greater than the fees charged on date prior to October 6, 2009, and fees shall be charged for all services including those provided in the first 2 months that a child is enrolled in the program, effective October 6, 2009; P.A. 10-93 amended Subsec. (a) by substituting “Part C” for “Part H” and substituting “20 USC 1431” for “20 USC 1471” and amended Subsec. (e) by defining “parent”; June Sp. Sess. P.A. 15-5 amended Subsec. (e) by replacing “Department of Developmental Services” with “lead agency”, “prints” with “posts” and “in the Connecticut Law Journal” with “on the eRegulations System, established pursuant to section 4-173b”, effective July 1, 2015; P.A. 19-121 deleted Subsec. (h) re signature of advanced practice registered nurse deemed sufficient to order services included in individualized family service plan, effective July 1, 2019; P.A. 21-46 amended Subsec. (e) by replacing provisions requiring commissioner to establish and charge fees to parents and guardians for early intervention services with provision prohibiting commissioner from charging such fees, and amended Subsec. (f) by specifying that procedures developed and implemented by commissioner to hold recipients of early intervention services harmless from pursuit of payment for such services shall apply to such services rendered prior to June 16, 2021, effective June 16, 2021; P.A. 22-81 added Subsec. (h) re general administrative payments, effective July 1, 2022; P.A. 22-140 amended Subsec. (g) by deleting references to Secs. 17a-219b(a) and 17a-219c(a); P.A. 23-101 amended Subsec. (h) by replacing “June 30, 2024” with “each fiscal year thereafter” and making a conforming change, effective July 1, 2023; P.A. 25-168 deleted former Subsec. (h) re general administrative payments, effective July 1, 2026.
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