Bill Text: CT HB06462 | 2013 | General Assembly | Comm Sub

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Bill Title: An Act Concerning A Pilot Program To Expand The Duties Of The State Long-term Care Ombudsman.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-03-26 - Referred by House to Committee on Appropriations [HB06462 Detail]

Download: Connecticut-2013-HB06462-Comm_Sub.html

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General Assembly		Substitute Bill No. 6462
January Session, 2013		*_____HB06462AGE___030713____*

AN ACT CONCERNING A PILOT PROGRAM TO EXPAND THE DUTIES OF THE STATE LONG-TERM CARE OMBUDSMAN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2013) (a) Not later than January 1, 2014, the Office of the Long-Term Care Ombudsman shall develop a plan to expand the State Ombudsman's oversight to home and community-based care recipients beginning with implementation of a pilot program in Hartford County on and after July 1, 2014.

(b) The State Ombudsman, working in consultation with the Commissioner on Aging, shall convene a working group of (1) consumers receiving home and community-based care, (2) providers of such care, (3) representatives of state agencies overseeing delivery of such care, and (4) staff of the Office of the Long-Term Care Ombudsman.

(c) The working group shall (1) conduct research into best practices nation-wide to identify, investigate and resolve complaints filed by recipients of home and community-based care, (2) develop training to respond to such complaints for regional ombudsmen, and (3) identify funding sources to expand oversight of the State Ombudsman from long-term care facilities to home and community-based care.

(d) The State Ombudsman shall submit legislative recommendations to implement the pilot program to the joint standing committees of the General Assembly having cognizance of matters relating to aging and human services not later than February 1, 2014.

Sec. 2. Subsection (b) of section 17b-403 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) The State Ombudsman shall serve on a full-time basis, and shall personally or through representatives of the office:

(1) Identify, investigate and resolve complaints that:

(A) Are made by, or on behalf of, residents or, as to complaints involving the application for admission to a long-term care facility, by or on behalf of applicants; and

(B) Relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents, including the welfare and rights of the residents with respect to the appointment and activities of guardians and representative payees, of (i) providers or representatives of providers of long-term care services, (ii) public agencies, or (iii) health and social service agencies;

(2) Provide services to protect the health, safety, welfare and rights of the residents;

(3) Inform the residents about means of obtaining services provided by providers or agencies described in subparagraph (B) of subdivision (1) of this subsection or services described in subdivision (2) of this subsection;

(4) Ensure that the residents and, as to issues involving applications for admission to long-term care facilities, applicants have regular and timely access to the services provided through the office and that the residents and complainants receive timely responses from representatives of the office to complaints;

(5) Represent the interests of the residents, and of applicants in relation to issues concerning applications to long-term care facilities, before governmental agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents;

(6) Provide administrative and technical assistance to representatives to assist the representatives in participating in the program;

(7) (A) Analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare and rights of the residents with respect to the adequacy of long-term care facilities and services in this state and to the rights of applicants in relation to applications to long-term care facilities;

(B) Recommend any changes in such laws, regulations, policies and actions as the office determines to be appropriate; and

(C) Facilitate public comment on the laws, regulations, policies and actions;

(8) Advocate for:

(A) Any changes in federal, state and local laws, regulations and other governmental policies and actions that pertain to the health, safety, welfare and rights of residents with respect to the adequacy of long-term care facilities and services in this state and to the health, safety, welfare and rights of applicants which the State Ombudsman determines to be appropriate;

(B) Appropriate action by groups or agencies with jurisdictional authority to deal with problems affecting individual residents and the general resident population and applicants in relation to issues concerning applications to long-term care facilities; and

(C) The enactment of legislative recommendations by the General Assembly and of regulatory recommendations by commissioners of Connecticut state agencies;

(9) (A) Provide for training representatives of the office;

(B) Promote the development of citizen organizations to participate in the program; and

(C) Provide technical support for the development of resident and family councils to protect the well-being and rights of residents;

(10) Coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illnesses established under (A) Part A of the Development Disabilities Assistance and Bill of Rights Act (42 USC 6001, et seq.), and (B) The Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 USC 10801 et seq.);

(11) Coordinate, to the greatest extent possible, ombudsman services with legal assistance provided under Section 306(a)(2)(C) of the federal Older Americans Act of 1965, (42 USC 3026(a)(2)(C)) as amended from time to time, through the adoption of memoranda of understanding and other means;

(12) Provide services described in subdivisions (1) to (11), inclusive, of this subsection, to residents under age sixty living in a long-term care facility, if (A) a majority of the residents of the facility where the younger person resides are over age sixty and (B) such services do not weaken or decrease service to older individuals covered under this chapter; [and]

(13) Implement and administer, on and after July 1, 2014, a pilot program that serves home and community-based care recipients in Hartford County; and

[(13)] (14) Carry out such other activities and duties as may be required under federal law.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2013	New section
Sec. 2	July 1, 2013	17b-403(b)

AGE

Joint Favorable Subst.