CHAPTER 319o

DEPARTMENT OF SOCIAL SERVICES

Table of Contents

Sec. 17b-27c. Connecticut Fatherhood Initiative. Council. Establishment. Duties. Membership. Funding. Grants. Reporting.

Sec. 17b-28. Council on Medical Assistance Program Oversight. Duties. Appointments. Standing subcommittee. Reports.

Sec. 17b-28i. Income disregard for veterans' Aid and Attendance pension benefits. Amendment to Medicaid state plan.

Sec. 17b-55b. Two-generation poverty reduction account.

Sec. 17b-59a. (Formerly Sec. 4-60i). Development of uniform information and technology standards. Health information technology plan. Electronic data standards. State-wide Health Information Exchange. Report.

Sec. 17b-59e. Electronic health record systems. Connection to State-wide Health Information Exchange. When sharing of information is not required. No provider liability when data breach, ransomware or hacking is experienced by the exchange. Deadline for connection to and participation in the exchange. Prohibition on disclosure of information in response to subpoena.


PART I

GENERAL PROVISIONS

Sec. 17b-27c. Connecticut Fatherhood Initiative. Council. Establishment. Duties. Membership. Funding. Grants. Reporting. (a) There is established a CFI Council to approve the work of the CFI, including, but not limited to, implementation of CFI objectives through a strategic plan developed by the CFI. The council shall actively participate in efforts that further CFI objectives, including, but not limited to: (1) Fostering collaboration between state agencies that provide services for fathers and families; (2) (A) coordinating comprehensive services, (B) ensuring the continuity of services, (C) heightening the impact of services, and (D) avoiding duplication of services; (3) supporting fathers of children eligible or formerly eligible for services under the temporary assistance for needy families block grant; and (4) expanding the role of fathers in supporting maternal health.

(b) The membership of the council shall consist of:

(1) The Commissioner of Social Services, or the commissioner's designee;

(2) The Commissioner of Children and Families, or the commissioner's designee;

(3) The Commissioner of Correction, or the commissioner's designee;

(4) The Commissioner of Early Childhood, or the commissioner's designee;

(5) The Commissioner of Education, or the commissioner's designee;

(6) The Commissioner of Developmental Services, or the commissioner's designee;

(7) The Commissioner of Housing, or the commissioner's designee;

(8) The Labor Commissioner, or the commissioner's designee;

(9) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;

(10) The Commissioner of Public Health, or the commissioner's designee;

(11) The Commissioner of Veterans Affairs, or the commissioner's designee;

(12) The chairperson of the Board of Pardons and Parole, or the chairperson's designee;

(13) The director of the Support Enforcement Services Division and the executive director of the Court Support Services Division of the Judicial Branch, or their designees;

(14) The Chief Family Support Magistrate, or the Chief Family Support Magistrate's designee;

(15) The chancellor of the Connecticut State Colleges and Universities, or the chancellor's designee;

(16) The director of the Office of Child Support Services within the Department of Social Services, or the director's designee; and

(17) Eleven members appointed by the Commissioner of Social Services, including:

(A) One with expertise in the area of legal assistance to low-income populations;

(B) One representative of the Governor's Workforce Council;

(C) One representative of a regional workforce development board;

(D) One member with expertise in family relations;

(E) One or more representatives of a local fatherhood program;

(F) One member with expertise in male mental and physical health;

(G) One member representing the interests of custodial parents;

(H) One member representing the interests of noncustodial parents;

(I) One member representing the interests of children;

(J) One member with expertise in the area of domestic violence; and

(K) One member with expertise in child development.

(c) The Commissioner of Social Services shall serve as a chairperson of the council and shall designate a cochairperson from among the membership of the council. The commissioner shall convene the council not later than June 26, 2022, and the council shall meet at least quarterly thereafter. The commissioner shall fill any vacancy of seats under subdivision (17) of subsection (b) of this section.

(d) The Commissioner of Social Services may designate a working group from among the members of the council to carry out specific duties required under this section and section 17b-27b. The commissioner shall seek the advice and participation of any person, organization or state or federal agency the commissioner deems necessary to carry out the provisions of this section and section 17b-27b.

(e) The Commissioner of Social Services, in consultation with the council and within available resources, shall apply for any available federal and private funds for programs that promote CFI objectives in accordance with this section and section 17b-27b. The commissioner shall award grants from any such available funds to entities that provide (1) employment and training opportunities for low-income fathers to increase the earning capacity of such fathers; (2) classes in parenting and financial literacy; and (3) other support services and programs that promote responsible parenting, expanding the role of fathers in supporting maternal health, economic stability and communication and interaction between fathers and their children.

(f) Applicants for grants provided pursuant to subsection (e) of this section shall apply to the Commissioner of Social Services at such time and in such manner as prescribed by the commissioner. The commissioner shall, in consultation with the council, establish criteria for eligibility for grants and for the awarding of grants. At a minimum, the commissioner shall require grantees to (1) implement accountability measures and results-based outcomes as a condition of being awarded a grant; (2) leverage funds through existing resources and collaboration with community-based and nonprofit organizations; and (3) consult with experts in domestic violence to ensure that, when appropriate, the programs and services provided to fathers and families pursuant to this section and section 17b-27b address issues concerning domestic violence.

(g) Not later than December 1, 2022, and annually thereafter, the commissioner, in consultation with the council, shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, human services and children on the grant program's effectiveness in achieving CFI objectives.

(P.A. 22-138, S. 2; P.A. 24-22, S. 37; P.A. 25-38, S. 2.)

History: P.A. 22-138 effective May 27, 2022; P.A. 24-22 amended Subsec. (b)(15) by replacing “president of the Connecticut State Colleges and Universities” with “chancellor of the Connecticut State Colleges and Universities”, effective July 1, 2024; P.A. 25-38 added Subsec. (a)(4) re role of fathers in supporting maternal health and reference thereto in Subsec. (e), effective July 1, 2025.

Sec. 17b-28. Council on Medical Assistance Program Oversight. Duties. Appointments. Standing subcommittee. Reports. (a) There is established a Council on Medical Assistance Program Oversight which shall advise the Commissioner of Social Services on the planning and implementation of the health care delivery system for the HUSKY Health program. The council shall monitor planning and implementation of matters related to Medicaid care management initiatives including, but not limited to, (1) eligibility standards, (2) benefits, (3) access, (4) quality assurance, (5) outcome measures, and (6) the issuance of any request for proposal by the Department of Social Services for utilization of an administrative services organization in connection with such initiatives.

(b) On or before June 30, 2011, the council shall be composed of the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and appropriations and the budgets of state agencies, or their designees; two members of the General Assembly, one to be appointed by the president pro tempore of the Senate and one to be appointed by the speaker of the House of Representatives; the director of the Commission on Aging, or a designee; the director of the Commission on Children, or a designee; a representative of each organization that has been selected by the state to provide managed care and a representative of a primary care case management provider, to be appointed by the president pro tempore of the Senate; two representatives of the insurance industry, to be appointed by the speaker of the House of Representatives; two advocates for persons receiving Medicaid, one to be appointed by the majority leader of the Senate and one to be appointed by the minority leader of the Senate; one advocate for persons with substance use disorders, to be appointed by the majority leader of the House of Representatives; one advocate for persons with psychiatric disabilities, to be appointed by the minority leader of the House of Representatives; two advocates for the Department of Children and Families foster families, one to be appointed by the president pro tempore of the Senate and one to be appointed by the speaker of the House of Representatives; two members of the public who are currently recipients of Medicaid, one to be appointed by the majority leader of the House of Representatives and one to be appointed by the minority leader of the House of Representatives; two representatives of the Department of Social Services, to be appointed by the Commissioner of Social Services; two representatives of the Department of Public Health, to be appointed by the Commissioner of Public Health; two representatives of the Department of Mental Health and Addiction Services, to be appointed by the Commissioner of Mental Health and Addiction Services; two representatives of the Department of Children and Families, to be appointed by the Commissioner of Children and Families; two representatives of the Office of Policy and Management, to be appointed by the Secretary of the Office of Policy and Management; and one representative of the office of the State Comptroller, to be appointed by the State Comptroller.

(c) On and after October 31, 2017, the council shall be composed of the following members:

(1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services, public health and appropriations and the budgets of state agencies, or their designees;

(2) Five appointed by the speaker of the House of Representatives, one of whom shall be a member of the General Assembly, one of whom shall be a community provider of adult Medicaid health services, one of whom shall be a recipient of Medicaid benefits for the aged, blind and disabled or an advocate for such a recipient, one of whom shall be a representative of the state's federally qualified health clinics and one of whom shall be a member of the Connecticut Hospital Association;

(3) Five appointed by the president pro tempore of the Senate, one of whom shall be a member of the General Assembly, one of whom shall be a representative of the home health care industry, one of whom shall be a primary care medical home provider, one of whom shall be an advocate for Department of Children and Families foster families and one of whom shall be a representative of the business community with experience in cost efficiency management;

(4) Three appointed by the majority leader of the House of Representatives, one of whom shall be an advocate for persons with substance abuse disabilities, one of whom shall be a Medicaid dental provider and one of whom shall be a representative of the for-profit nursing home industry;

(5) Three appointed by the majority leader of the Senate, one of whom shall be a representative of school-based health centers, one of whom shall be a recipient of benefits under the HUSKY Health program and one of whom shall be a physician who serves Medicaid clients;

(6) Three appointed by the minority leader of the House of Representatives, one of whom shall be an advocate for persons with disabilities, one of whom shall be a dually eligible Medicaid-Medicare beneficiary or an advocate for such a beneficiary and one of whom shall be a representative of the not-for-profit nursing home industry;

(7) Three appointed by the minority leader of the Senate, one of whom shall be a low-income adult recipient of Medicaid benefits or an advocate for such a recipient, one of whom shall be a representative of hospitals and one of whom shall be a representative of the business community with experience in cost efficiency management;

(8) The executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or the executive director's designee;

(9) A member of the Commission on Women, Children, Seniors, Equity and Opportunity, designated by the executive director of said commission;

(10) A representative of the Long-Term Care Advisory Council;

(11) The Commissioners of Social Services, Children and Families, Public Health, Developmental Services, Aging and Disability Services and Mental Health and Addiction Services, or their designees, who shall be ex-officio nonvoting members;

(12) The Comptroller, or the Comptroller's designee, who shall be an ex-officio nonvoting member;

(13) The Secretary of the Office of Policy and Management, or the secretary's designee, who shall be an ex-officio nonvoting member; and

(14) One representative of an administrative services organization which contracts with the Department of Social Services in the administration of the Medicaid program, who shall be a nonvoting member.

(d) The chairpersons of the council shall be the House and Senate chairpersons of the joint standing committees of the General Assembly having cognizance of matters relating to human services and public health. The Joint Committee on Legislative Management shall provide administrative support to such chairpersons.

(e) The council shall monitor and make recommendations concerning: (1) An enrollment process that ensures access for the HUSKY Health program and effective outreach and client education for said program; (2) available services comparable to those already in the Medicaid state plan, including those guaranteed under the federal Early and Periodic Screening, Diagnostic and Treatment Services Program under 42 USC 1396d; (3) the sufficiency of accessible adult and child primary care providers, specialty providers and hospitals in Medicaid provider networks; (4) the sufficiency of provider rates to maintain the Medicaid network of providers and service access; (5) funding and agency personnel resources to guarantee timely access to services and effective management of the Medicaid program; (6) participation in care management programs including, but not limited to, medical home and health home models by existing community Medicaid providers; (7) the linguistic and cultural competency of providers and other program facilitators and data on the provision of Medicaid linguistic translation services; (8) program quality, including outcome measures and continuous quality improvement initiatives that may include provider quality performance incentives and performance targets for administrative services organizations; (9) timely, accessible and effective client grievance procedures; (10) coordination of the Medicaid care management programs with state and federal health care reforms; (11) eligibility levels for inclusion in the programs; (12) enrollee cost-sharing provisions; (13) a benefit package for the HUSKY Health program; (14) coordination of coverage continuity among Medicaid programs and integration of care, including, but not limited to, behavioral health, dental and pharmacy care provided through programs administered by the Department of Social Services; and (15) the need for program quality studies within the areas identified in this section and the department's application for available grant funds for such studies. The chairperson of the council shall ensure that sufficient members of the council participate in the review of any contract entered into by the Department of Social Services and an administrative services organization.

(f) The Commissioner of Social Services may, in consultation with an educational institution, apply for any available funding, including federal funding, to support Medicaid care management programs.

(g) The Commissioner of Social Services shall provide monthly reports to the council on the matters described in subsection (e) of this section, including, but not limited to, policy changes and proposed regulations that affect Medicaid health services. The commissioner shall also provide the council with quarterly financial reports for each covered Medicaid population which reports shall include a breakdown of sums expended for each covered population.

(h) The council shall biannually report on its activities and progress to the General Assembly.

(i) There is established, within the Council on Medical Assistance Program Oversight, a standing subcommittee to study and make recommendations to the council on children and adults who have complex health care needs. The subcommittee shall consist of council members appointed by the chairpersons of the council and other individuals who shall serve for terms prescribed by the cochairpersons to advise the council on specific needs of children and adults with complex health care needs. For the purposes of completing the reports required pursuant to subparagraphs (A) and (B) of this subsection, such individuals shall include, but need not be limited to: (1) The Child Advocate, or the Child Advocate's designee; (2) a family or child advocate; (3) the executive director of the Council on Developmental Disabilities, or the executive director's designee; (4) the executive director of the Connecticut Association of Public School Superintendents, or the executive director's designee; (5) an expert in the diagnosis, evaluation, education and treatment of children and young adults with developmental disabilities; and (6) the Healthcare Advocate, or the Healthcare Advocate's designee. The subcommittee shall submit the following reports, in accordance with section 11-4a to the council, the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children, human services and public health regarding the efficacy of support systems for children and young adults, not older than twenty-one years of age, with developmental disabilities and with or without co-occurring mental health conditions:

(A) Not later than July 1, 2017, recommendations including, but not limited to: (i) Metrics for evaluating the quality of state-funded services to such children and young adults that can be utilized by state agencies that fund such services; (ii) statutory changes needed to promote effective service delivery for such children and young adults and their families; and (iii) any other changes needed to address gaps in services identified by the subcommittee or council with respect to such children, young adults and their families; and

(B) Not later than January 1, 2018, an assessment of: (i) Early intervention services available to such children and young adults in this state; (ii) the system of community-based services for such children and young adults; (iii) the treatment provided by congregate care settings that are operated privately or by the state and provide residential supports and services to such children and young adults and how the quality of care is measured; and (iv) how the state Department of Education, local boards of education, the Department of Children and Families, the Department of Developmental Services and other appropriate agencies can work collaboratively to improve educational, developmental, medical and behavioral health outcomes for such children and young adults and reduce the number at risk of entering institutional care. As used in this subsection, “developmental disability” means a severe, chronic disability of an individual, as defined in 42 USC 15002, as amended from time to time.

(May Sp. Sess. P.A. 94-5, S. 26, 30; P.A. 95-257, S. 56, 58; Oct. 29 Sp. Sess. P.A. 97-1, S. 18, 23; P.A. 99-167; 99-230, S. 5, 10; P.A. 06-188, S. 46; P.A. 07-148, S. 16; 07-217, S. 72; Sept. Sp. Sess. P.A. 09-5, S. 58; P.A. 10-179, S. 46; P.A. 11-44, S. 167; P.A. 13-125, S. 6; 13-234, S. 92; P.A. 14-206, S. 1; P.A. 15-69, S. 16; P.A. 16-142, S. 1; 16-193, S. 5; May Sp. Sess. P.A. 16-3, S. 152; P.A. 17-33, S. 1; June Sp. Sess. P.A. 17-2, S. 317; P.A. 18-48, S. 3; 18-169, S. 40; P.A. 19-117, S. 123; 19-157, S. 58; P.A. 23-22, S. 8; P.A. 25-168, S. 340.)

History: May Sp. Sess. P.A. 94-5 effective June 16, 1994; P.A. 95-257 amended Subsec. (a) by requiring the council to advise the Waiver Application Development Council on certain matters, increased membership by adding two members of the General Assembly, one advocate for persons with substance abuse disabilities and one for psychiatric disabilities, requiring the council to choose a chair and requiring the public health committee staff to provide administrative support, added Subsec. (b)(10) to (12) and replaced reference to Department of Public Health and Addiction Services with Department of Public Health and reference to Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995; Oct. 29 Sp. Sess. P.A. 97-1 amended Subsec. (a) by increasing membership by adding two advocates for foster families, two representatives of the Department of Children and Families, two representatives of the Office of Policy and Management and one representative of the Comptroller, added Subsec. (b)(13) re coordination with coverage under the HUSKY Plan and made technical changes, effective October 30, 1997; P.A. 99-167 added new Subsec. (b)(14) re program quality studies, relettered the remaining subdivision and made technical changes; P.A. 99-230 amended Subsec. (b) to make a technical change, effective July 1, 1999; P.A. 06-188 amended Subsec. (a) to expand council by adding the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and added new Subsec. (b)(15) re managed care portion of the state-administered general assistance program and redesignate existing Subdiv. (15) as Subdiv. (16), effective July 1, 2006; P.A. 07-148 amended Subsec. (a) by replacing “substance abuse disabilities” with “substance use disorders”; P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (a) by replacing provision re two members who are community providers of health care with provision re members who are representatives of state-selected managed care organization and primary care case management provider, amended Subsec. (b) by adding Subdiv. (17) re recommendations concerning primary care case management pilot program, added new Subsec. (d) allowing commissioner to apply for funding for Medicaid managed care programs and redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f), effective October 5, 2009; P.A. 10-179 amended Subsecs. (a) and (b) and existing Subsecs. (d) and (e) by replacing references to managed care with references to care management, amended Subsec. (a) by renaming council as “Council on Medicaid Care Management Oversight” and deleting provisions requiring council to advise Waiver Application Development Council and appointing members of Health Care Access Board to be ex-officio council members, amended Subsec. (b)(13) by adding reference to HUSKY Plan, Part A and other health care programs administered by department, amended Subsec. (b)(15) by replacing reference to managed care portion of state-administered general assistance program with references to HUSKY Plan, Medicaid care management programs and Charter Oak Health Plan, deleted former Subsec. (c) re federal waiver and implementation and redesignated existing Subsecs. (d) to (f) as Subsecs. (c) to (e), effective May 7, 2010; P.A. 11-44 divided existing Subsec. (a) into Subsecs. (a), (b) and (d), amended Subsec. (a) by changing council name to “Council on Medical Assistance Program Oversight”, replacing provision requiring council to advise on Medicaid care management with provision requiring council to advise on health care delivery system for specified programs, adding provision requiring council to monitor matters related to Medicaid care management initiatives, designating existing provisions re matters to be monitored as Subdivs. (1) to (4), adding Subdiv. (5) re outcome measures and Subdiv. (6) re issuance of request for proposal and making technical changes, amended Subsec. (b) by specifying that existing membership appointments are in effect on or before June 30, 2011, added new Subsec. (c) re membership appointments in effect on and after July 1, 2011, amended Subsec. (d) by deleting provision re first meeting and making technical changes, redesignated existing Subsec. (b) as Subsec. (e) and amended same by adding requirement that council monitor items specified in Subdivs. (1) to (15), replacing “guaranteed access to enrollees” with provision re enrollment process in Subdiv. (1), adding specific types of providers in Subdiv. (3), replacing “capitated rates provider payments, financing and staff resources” with provision re provider rates in Subdiv. (4), adding new Subdiv. (5) re funding and agency personnel management, redesignating existing Subdivs. (5) and (6) as Subdivs. (6) and (7), adding “medical home and health home models” in Subdiv. (6), replacing provision re quality assurance with provision re data on linguistic translation services in Subdiv. (7), adding new Subdiv. (8) re program quality, redesignating existing Subdivs. (8) to (14) as Subdivs. (9) to (15), adding reference to health care programs in Subdiv. (13), replacing reference to the HUSKY Plan and other health care program with reference to continuity among Medicaid programs and integration of care in Subdiv. (14), deleting former Subdivs. (15) to (17), adding provision re participation in review of contract with administrative services organization and making technical changes, redesignated existing Subsecs. (c) and (d) as Subsecs. (f) and (g), amended Subsec. (g) by replacing provision re plans and implementation of the Medicaid care management program with provision re matters described in Subsec. (e), adding requirement that commissioner provide quarterly financial reports and making technical changes, redesignated existing Subsec. (e) as Subsec. (h) and amended same by replacing requirement that council report quarterly with requirement that council report biannually, effective July 1, 2011; P.A. 13-125 amended Subsec. (c)(1) and (11) to add chairpersons and ranking members of joint standing committee of the General Assembly having cognizance of matters relating to aging and Commissioner on Aging to council membership, effective July 1, 2013; P.A. 13-234 amended Subsec. (a) to delete reference to Charter Oak Health Plan, effective January 1, 2014; P.A. 14-206 amended Subsec. (c) to add provisions re appointment of members representing the Connecticut Hospital Association, the business community and the nursing home industry, and a physician who serves Medicaid clients, added new Subsecs. (h) and (i) establishing a standing subcommittee on Medicaid cost savings and redesignated existing Subsec. (h) as Subsec. (j), effective June 13, 2014; P.A. 15-69 amended Subsec. (a) to replace references to HUSKY Plan, Parts A and B and the Medicaid program with reference to HUSKY Health program and amended Subsec. (c)(5) to change “HUSKY program” to “HUSKY Health program,” effective June 19, 2015; P.A. 16-142 added Subsec. (k) re establishing standing subcommittee on children and adults who have complex health care needs, effective July 1, 2016; P.A. 16-193 amended Subsec. (e) by substituting “the HUSKY Health program” for “each Department of Social Services administered health care program” and making a conforming change in Subdiv. (1) and by substituting “the HUSKY Health program” for “each of the health care programs set forth in subsection (a) of this section” in Subdiv. (13); May Sp. Sess. P.A. 16-3 amended Subsec. (c) by replacing reference to executive director of Commission on Aging or designee with reference to executive director of Commission on Women, Children and Seniors or designee in Subdiv. (8) and by replacing reference to executive director of Commission on Children or designee with reference to member of Commission on Women, Children and Seniors designated by executive director in Subdiv. (9), effective July 1, 2016; P.A. 17-33 deleted existing Subsecs. (h) and (i) re standing committee established to study best practices re Medicaid cost savings and redesignated existing Subsecs. (j) and (k) as Subsecs. (h) and (i); June Sp. Sess. P.A. 17-2 amended Subsec. (c) by replacing “July 1, 2011” with “October 31, 2017”, and deleting reference to Commissioner on Aging in Subdiv. (11), effective October 31, 2017; P.A. 18-48 amended Subsec. (c)(8) by making a technical change, effective May 29, 2018; P.A. 18-169 amended Subsec. (c)(11) by adding “, Rehabilitation Services”, effective June 14, 2018; P.A. 19-117 amended Subsec. (c)(9) by replacing “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019 (Revisor's note: Pursuant to P.A. 19-117, “Commission on Women, Children and Seniors” was changed editorially by the Revisors to “Commissioner on Women, Children, Seniors, Equity and Opportunity” in Subsec. (c)(8)); P.A. 19-157 amended Subsec. (c)(11) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; P.A. 23-22 amended Subsec. (c)(9) by making a technical change; P.A. 25-168 amended Subsec. (d) by replacing provisions re appointment of a single chairperson by the council with the appointment of 4 chairpersons from joint standing legislative committees, effective July 1, 2025.

Sec. 17b-28i. Income disregard for veterans' Aid and Attendance pension benefits. Amendment to Medicaid state plan. (a) To the extent permissible by federal law, the Commissioner of Social Services shall disregard (1) United States Department of Veterans Affairs-administered Aid and Attendance pension benefits that are granted to a veteran or the surviving spouse of such veteran when determining income eligibility for the state's Medicare savings, medical assistance and energy assistance programs administered under section 17b-2, and (2) all United States Department of Veterans Affairs-administered non-service-connected pension benefits and Housebound pension benefits that are granted to a veteran or the surviving spouse of such veteran when determining income eligibility for the state's Medicare savings, HUSKY A, HUSKY D and energy assistance programs administered under section 17b-2. As used in this subsection, “veteran” has the same meaning as provided in section 27-103, and “HUSKY A” and “HUSKY D” have the same meanings as provided in section 17b-290.

(b) The Commissioner of Social Services may seek approval of an amendment to the state Medicaid plan or a waiver from federal law, if necessary, to exempt such benefits from income eligibility criteria.

(P.A. 12-208, S. 1; P.A. 18-47, S. 19; P.A. 21-79, S. 26; P.A. 25-95, S. 2.)

History: P.A. 12-208 effective July 1, 2012; P.A. 18-47 amended Subsec. (a) to add definition of “veteran”; P.A. 21-79 amended Subsec. (a) to redefine “veteran”; P.A. 25-95 amended Subsec. (a) by designating existing provision re Aid and Attendance pension benefits as Subdiv. (1), replacing “federal” with “United States Department of Veterans Affairs-administered”, adding Subdiv. (2) re non-service-connected pension benefits and Housebound pension benefits, defining “HUSKY A” and “HUSKY D” and making a technical change, effective July 1, 2025, and applicable to applications filed on or after July 1, 2025.

Sec. 17b-55b. Two-generation poverty reduction account. There is established a “two-generation poverty reduction account”, which shall be a separate, nonlapsing account. The account may receive transfers of lapsing funds from General Fund operations or poverty reduction accounts within the Department of Social Services. The account may also receive moneys from public and philanthropic sources or from the federal government for such purposes. All moneys deposited in the account shall be used by said department or persons acting under a contract with the department to fund services in support of two-generation poverty reduction programs.

(May Sp. Sess. P.A. 16-3, S. 123; P.A. 25-110, S. 63.)

History: May Sp. Sess. P.A. 16-3 effective July 1, 2016; P.A. 25-110 deleted reference to the General Fund and made a technical change, effective July 1, 2025.

PART III

INFORMATION TECHNOLOGY AND ELECTRONIC
HEALTH RECORDS

Sec. 17b-59a. (Formerly Sec. 4-60i). Development of uniform information and technology standards. Health information technology plan. Electronic data standards. State-wide Health Information Exchange. Report. (a) As used in this section:

(1) “Electronic health information system” means an information processing system, involving both computer hardware and software that deals with the storage, retrieval, sharing and use of health care information, data and knowledge for communication and decision making, and includes: (A) An electronic health record that provides access in real time to a patient's complete medical record; (B) a personal health record through which an individual, and anyone authorized by such individual, can maintain and manage such individual's health information; (C) computerized order entry technology that permits a health care provider to order diagnostic and treatment services, including prescription drugs electronically; (D) electronic alerts and reminders to health care providers to improve compliance with best practices, promote regular screenings and other preventive practices, and facilitate diagnoses and treatments; (E) error notification procedures that generate a warning if an order is entered that is likely to lead to a significant adverse outcome for a patient; and (F) tools to allow for the collection, analysis and reporting of data on adverse events, near misses, the quality and efficiency of care, patient satisfaction and other healthcare-related performance measures.

(2) “Interoperability” means the ability of two or more systems or components to exchange information and to use the information that has been exchanged and includes: (A) The capacity to physically connect to a network for the purpose of exchanging data with other users; and (B) the capacity of a connected user to access, transmit, receive and exchange usable information with other users.

(3) “Standard electronic format” means a format using open electronic standards that: (A) Enable health information technology to be used for the collection of clinically specific data; (B) promote the interoperability of health care information across health care settings, including reporting to local, state and federal agencies; and (C) facilitate clinical decision support.

(b) The Commissioner of Social Services, in consultation with the Commissioner of Health Strategy, shall (1) develop, throughout the Departments of Developmental Services, Public Health, Correction, Children and Families, Veterans Affairs and Mental Health and Addiction Services, uniform management information, uniform statistical information, uniform terminology for similar facilities and uniform electronic health information technology standards, (2) plan for increased participation of the private sector in the delivery of human services, and (3) provide direction and coordination to federally funded programs in the human services agencies and recommend uniform system improvements and reallocation of physical resources and designation of a single responsibility across human services agencies lines to facilitate shared services and eliminate duplication.

(c) The Commissioner of Health Strategy shall, in consultation with the Commissioner of Social Services and the State Health Information Technology Advisory Council, established pursuant to section 17b-59f, implement and periodically revise the state-wide health information technology plan established pursuant to this section and shall establish electronic data standards to facilitate the development of integrated electronic health information systems for use by health care providers and institutions that receive state funding. Such electronic data standards shall: (1) Include provisions relating to security, privacy, data content, structures and format, vocabulary and transmission protocols; (2) limit the use and dissemination of an individual's Social Security number and require the encryption of any Social Security number provided by an individual; (3) require privacy standards no less stringent than the “Standards for Privacy of Individually Identifiable Health Information” established under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, and contained in 45 CFR 160, 164; (4) require that individually identifiable health information be secure and that access to such information be traceable by an electronic audit trail; (5) be compatible with any national data standards in order to allow for interstate interoperability; (6) permit the collection of health information in a standard electronic format; and (7) be compatible with the requirements for an electronic health information system.

(d) The Commissioner of Health Strategy shall, within existing resources and in consultation with the State Health Information Technology Advisory Council: (1) Oversee the development and implementation of the State-wide Health Information Exchange in conformance with section 17b-59d; (2) coordinate the state's health information technology and health information exchange efforts to ensure consistent and collaborative cross-agency planning and implementation; and (3) serve as the state liaison to, and work collaboratively with, the State-wide Health Information Exchange established pursuant to section 17b-59d to ensure consistency between the state-wide health information technology plan and the State-wide Health Information Exchange and to support the state's health information technology and exchange goals.

(e) The state-wide health information technology plan, implemented and periodically revised pursuant to subsection (c) of this section, shall enhance interoperability to support optimal health outcomes and include, but not be limited to (1) general standards and protocols for health information exchange, and (2) national data standards to support secure data exchange data standards to facilitate the development of a state-wide, integrated electronic health information system for use by health care providers and institutions that are licensed by the state. Such electronic data standards shall (A) include provisions relating to security, privacy, data content, structures and format, vocabulary and transmission protocols, (B) be compatible with any national data standards in order to allow for interstate interoperability, (C) permit the collection of health information in a standard electronic format, and (D) be compatible with the requirements for an electronic health information system.

(f) Not later than February 1, 2017, and annually thereafter, the Commissioner of Health Strategy, in consultation with the State Health Information Technology Advisory Council, shall report in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to human services and public health concerning: (1) The development and implementation of the state-wide health information technology plan and data standards, established and implemented by the Commissioner of Health Strategy pursuant to this section; (2) the establishment of the State-wide Health Information Exchange; and (3) recommendations for policy, regulatory and legislative changes and other initiatives to promote the state's health information technology and exchange goals.

(P.A. 73-155, S. 3, 10; P.A. 75-638, S. 17, 23; P.A. 76-434, S. 8, 12; P.A. 77-511, S. 3; 77-614, S. 323, 521, 526, 587, 609, 610; P.A. 78-303, S. 119, 136; P.A. 86-279, S. 2; P.A. 93-91, S. 1, 2; 93-262, S. 29, 87; 93-381, S. 9, 39; P.A. 95-257, S. 11, 12, 21, 58; P.A. 07-73, S. 2(a); P.A. 14-217, S. 173; P.A. 15-146, S. 23; P.A. 16-77, S. 5; 16-167, S. 23; P.A. 18-91, S. 7; P.A. 21-148, S. 3; P.A. 22-78, S. 2; P.A. 24-81, S. 179; P.A. 25-97, S. 26.)

History: P.A. 75-638 changed office of mental retardation to department of mental retardation; P.A. 76-434 gave council power to recommend system improvements, reallocation of physical resources and single responsibility for human services agencies; P.A. 77-511 and P.A. 77-614 repealed section but P.A. 78-303 deleted provision calling for section's repeal and changes called for in P.A. 77-614 were enacted, i.e. department of health became department of health services, department of social services became department of human resources, commissioner of human resources replaced council and references to vocational rehabilitation division of the state department of education and to department of community affairs were deleted, effective January 1, 1979; P.A. 86-279 deleted requirement that commissioner of human resources coordinate planning functions and resource utilization programs of certain agencies; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 replaced commissioner of human resources with commissioner of social services and removed reference to department on aging, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; (Revisor's note: In 1995 the Revisors substituted editorially the numeric indicators (1), (2) and (3) for the alphabetic indicators (a), (b) and (c) for consistency with statutory usage); P.A. 95-257 replaced Department of Public Health and Addiction Services with Department of Public Health and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995; 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. 14-217 designated existing provisions as Subsec. (a), amended redesignated Subsec. (a)(1) by adding “uniform electronic health information technology standards” and added Subsec. (b) re health information technology plan and electronic data standards, effective July 1, 2014; P.A. 15-146 added new Subsec. (a) re definitions, redesignated existing Subsec. (a) re requirements of Commissioner of Social Services as new Subsec. (b) and amended same by adding reference to Department of Veterans' Affairs, redesignated existing Subsec. (b) as Subsec. (c) and amended same by replacing reference to Departments of Public Health and Mental Health and Addiction Services with reference to Health Information Technology Advisory Council, added Subsec. (d) re requirements of Commissioner of Social Services, added Subsec. (e) re state-wide health information technology plan, added Subsec. (f) re annual report and made conforming changes, effective July 1, 2015; Sec. 4-60i transferred to Sec. 17b-59a in 2016; P.A. 16-77 amended Subsec. (b) by adding “in consultation with the Health Information Technology Officer,”, amended Subsec. (c) by replacing reference to Commissioner of Social Services with reference to Health Information Technology Officer and adding provision re consultation with Commissioner of Social Services, amended Subsec. (d) by replacing “Commissioner of Social Services” with “Health Information Technology Officer”, and amended Subsec. (f) by replacing “February 1, 2016” with “February 1, 2017” and replacing “Commissioner of Social Services” with “Health Information Technology Officer”, effective June 2, 2016; P.A. 16-167 amended Subsec. (b)(1) by replacing “Veterans' Affairs” with “Veterans Affairs”, effective July 1, 2016; P.A. 18-91 amended Subsec. (b) by replacing “Health Information Technology Officer” with reference to executive director of Office of Health Strategy and adding reference to facilitating shared services, amended Subsec. (c) by replacing reference to Health Information Technology Officer with “executive director of the Office of Health Strategy” and making a technical change, and amended Subsecs. (d) and (f) by replacing “Health Information Technology Officer” with “executive director of the Office of Health Strategy”, effective May 14, 2018; P.A. 21-148 amended Subsec. (b)(1) to delete requirement commissioner develop uniform regulations for the licensing of human services facilities, effective July 1, 2021; P.A. 22-78 made a technical change in Subsec. (b), effective May 24, 2022; P.A. 24-81 amended Subsecs. (b) to (d) and (f) by replacing references to executive director of the Office of Health Strategy with references to Commissioner of Health Strategy and making a technical change in Subsec. (b), effective May 30, 2024; P.A. 25-97 amended Subsec. (b) by making a technical change.

Sec. 17b-59e. Electronic health record systems. Connection to State-wide Health Information Exchange. When sharing of information is not required. No provider liability when data breach, ransomware or hacking is experienced by the exchange. Deadline for connection to and participation in the exchange. Prohibition on disclosure of information in response to subpoena. (a) For purposes of this section:

(1) “Health care provider” means any individual, corporation, facility or institution licensed by the state to provide health care services; and

(2) “Electronic health record system” means a computer-based information system that is used to create, collect, store, manipulate, share, exchange or make available electronic health records for the purposes of the delivery of patient care.

(b) Not later than one year after commencement of the operation of the State-wide Health Information Exchange, each hospital licensed under chapter 368v and clinical laboratory licensed under section 19a-565 shall maintain an electronic health record system capable of connecting to and participating in the State-wide Health Information Exchange and shall apply to begin the process of connecting to, and participating in, the State-wide Health Information Exchange.

(c) Not later than two years after commencement of the operation of the State-wide Health Information Exchange, (1) each health care provider with an electronic health record system capable of connecting to, and participating in, the State-wide Health Information Exchange shall apply to begin the process of connecting to, and participating in, the State-wide Health Information Exchange, and (2) each health care provider without an electronic health record system capable of connecting to, and participating in, the State-wide Health Information Exchange shall be capable of sending and receiving secure messages that comply with the Direct Project specifications published by the federal Office of the National Coordinator for Health Information Technology. A health care provider shall not be required to connect with the State-wide Health Information Exchange if the provider (A) possesses no patient medical records, (B) is an individual licensed by the state that exclusively practices as an employee of a covered entity, as defined by the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, and such covered entity is legally responsible for decisions regarding the safeguarding, release or exchange of health information and medical records, in which case such covered entity is responsible for compliance with the provisions of this section, or (C) is a health care provider who does not actively practice in the state.

(d) Nothing in this section shall be construed to require a health care provider to share patient information with the State-wide Health Information Exchange if (1) sharing such information is prohibited by state or federal privacy and security laws, or (2) affirmative consent from the patient is legally required and such consent has not been obtained.

(e) No health care provider shall be liable for any private or public claim related directly to a data breach, ransomware or hacking experienced by the State-wide Health Information Exchange, provided a health care provider shall be liable for any failure to comply with applicable state and federal data privacy and security laws and regulations in sharing information with and connecting to the exchange. If the State-wide Health Information Exchange experiences a data breach, ransomware or hacking, the State-wide Health Information Exchange shall notify patients affected by and perform any mitigation necessitated by such data breach, ransomware or hacking on behalf of affected health care providers. Any health care provider that would violate any other law by sharing information with or connecting to the exchange shall not be required to share such information with or connect to the exchange.

(f) The Commissioner of Health Strategy shall adopt regulations in accordance with the provisions of chapter 54 that set forth requirements necessary to implement the provisions of this section. The commissioner may implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures in regulation form, provided the commissioner holds a public hearing at least thirty days prior to implementing such policies and procedures and publishes notice of intention to adopt the regulations on the Office of Health Strategy's Internet web site and the eRegulations System not later than twenty days after implementing such policies and procedures. Policies and procedures implemented pursuant to this subsection shall be valid until the time such regulations are effective.

(g) Not later than eighteen months after the date of implementation of policies and procedures pursuant to subsection (f) of this section, each health care provider shall be connected to and actively participating in the State-wide Health Information Exchange. As used in this subsection, (1) “connection” includes, but is not limited to, onboarding with the exchange, and (2) “participation” means the active sharing of designated record sets, as defined in 45 CFR 164.501, with the exchange in accordance with applicable law including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, and 42 CFR 2.

(h) The State-wide Health Information Exchange, and its vendor, shall not disclose protected health information in response to a subpoena unless such disclosure fully complies with applicable federal and state laws regarding release of medical records.

(P.A. 15-146, S. 22; June. Sp. Sess. P.A. 17-2, S. 126; P.A. 22-58, S. 38; P.A. 24-19, S. 22; 24-81, S. 181; P.A. 25-97, S. 48.)

History: P.A. 15-146 effective June 30, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by designating existing provisions re applying to connect to and participate in State-wide Health Information Exchange as Subdiv. (1), and adding Subdiv. (2) re health care provider without electronic health record system capable of participating in the State-wide Health Information Exchange, effective October 31, 2017; P.A. 22-58 added Subsec. (d) re executive director of Office of Health Strategy's authority to adopt regulations and policies and procedures, effective May 23, 2022; P.A. 24-19 amended Subsec. (c) to prohibit provider from being required to connect with State-wide Health Information Exchange if provider possesses no medical records or exclusively practices as employee of covered entity and covered entity is responsible for health information and medical records, added new Subsec. (d) re not requiring provider to share patient information with exchange if prohibited under privacy and security laws or affirmative consent is required from patient but has not been obtained, added Subsec. (e) re prohibiting provider from being liable for claim related directly to data breach, ransomware or hacking of exchange, redesignated existing Subsec. (d) as Subsec. (f) and added Subsec. (g) re deadline for connecting to and actively participating in exchange, effective July 1, 2024; P.A. 24-81 amended Subsec. (d) by replacing references to executive director of the Office of Health Strategy with references to Commissioner of Health Strategy, effective May 30, 2024; P.A. 25-97 added Subsec. (c)(2)(C) re exception to connection requirement for providers not actively practicing in the state, amended Subsec. (e) by adding notification requirement when exchange experiences a data breach, ransomware or hacking, Subsec. (g) by replacing “medical records” with “designated record sets, as defined in 45 CFR 164.501”, and added Subsec. (h) prohibiting disclosure of information in response to subpoena unless in compliance with federal and state laws re release of medical records.