Bill Text: CT SB00294 | 2016 | General Assembly | Comm Sub
Bill Title: An Act Concerning Services For Individuals With Intellectual Disability.
Spectrum: Committee Bill
Status: (Passed) 2016-05-26 - Signed by the Governor [SB00294 Detail]
Download: Connecticut-2016-SB00294-Comm_Sub.html
General Assembly |
||
February Session, 2016 |
*_____SB00294PH____032216____* |
AN ACT CONCERNING SERVICES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For purposes of this section:
(1) "Department" means the Department of Developmental Services.
(2) "Commissioner" means the Commissioner of Developmental Services.
(3) "Waiting list" means a list or lists maintained by the commissioner that include the names of individuals with intellectual disability who (A) have requested respite supports or residential, day, in-home, behavioral or other services from the department, and (B) the commissioner has determined to be in need of the supports or services requested.
(4) "Level of need assessment" means the department's method, using any standardized assessment or screening tool, to (A) determine the level of services from the department that an individual with intellectual disability requires for the management of the individual's behavioral or health conditions and to complete activities of daily living, as defined in section 19a-693 of the general statutes, (B) determine an individual's priority status, and (C) assign an individual an estimated funding amount for services.
(5) "Priority status" means the code assigned to an individual with intellectual disability for whom services from the department have been requested that identifies the timing of the individual's need for services.
(b) Immediately after the department completes a level of need assessment for an individual with intellectual disability, or not later than September 30, 2016, for an individual who had a level of need assessment prior to that date, the department shall provide to the individual and the individual's parent, conservator, guardian or other legal representative a complete copy of the level of need assessment, including, but not limited to, scoring results, comments, a summary report and any other related information or documents.
(c) (1) Not later than September 30, 2016, the commissioner shall notify, in writing, each individual with intellectual disability, who is receiving services from the department, and the individual's parent, conservator, guardian or other legal representative of the individual's priority status on any applicable waiting list and the amount of funding budgeted for each service provided by the department.
(2) Not later than fifteen days after the commissioner makes a change to the priority status of an individual with intellectual disability, the commissioner shall notify the individual and the individual's parent, conservator, guardian or other legal representative, in writing, of such change.
(3) On or before July 1, 2017, the commissioner shall, in consultation with each individual with intellectual disability who is receiving supports or services from the department, and the individual's parent, conservator, guardian or other legal representative, develop a long-term five-year and ten-year care plan to meet the individual's needs for supports or services. Such plan shall include an indication of the time period each support or service is likely to be needed based on the individual's annual level of need assessment. Such plan shall be updated annually based on the individual's level of need assessment.
(d) (1) The commissioner shall develop and maintain one state-wide comprehensive residential waiting list. Such waiting list shall (A) be organized by geographic region and individuals' priority status, and (B) include the type of support or service each individual needs and the estimated time period each support or service is likely to be needed. The commissioner shall update such list not less than quarterly.
(2) On or before January 1, 2017, the commissioner shall conduct a state-wide census and needs assessment for individuals receiving services from the department. The census shall be based on the level of need assessment for each such individual. At the conclusion of the census, the commissioner shall update the residential waiting list based on the results of such census. On or before January 1, 2017, the commissioner shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health on the results of the state-wide census and needs assessment and the status of the residential waiting list. Such report shall also include, but need not be limited to, a description of the trends in supports and services requested from the department and projections for state-wide needs over the next two-year, five-year and ten-year periods.
(e) Information collected, maintained and disclosed pursuant to this section shall be in accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder.
Sec. 2. Section 17a-273 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Developmental Services shall appoint at least one advisory and planning council for each state developmental services region operated by the Department of Developmental Services, which council shall have the responsibility of consulting with and advising the director of the region on the needs of persons with intellectual disability in the region, the annual plan and budget of the region and other matters deemed appropriate by the council. The mission of, and meeting dates and times for, each council shall be posted on the Department of Developmental Services' Internet web site.
(b) Each such council shall consist of at least ten members appointed from the state developmental services region. No employee of any state agency engaged in the care or training of [persons] individuals with intellectual disability shall be eligible for appointment. At least one member shall be designated by a local chapter of the Arc of Connecticut in the region. At least one member shall be an individual who is eligible for and receives services from the Department of Developmental Services. At least two members shall be parents of [persons] individuals with intellectual disability. Members shall be appointed for terms of three years. No member may serve more than two consecutive terms, except a member may continue to serve until a successor is appointed. Each council shall appoint annually, from among its members, a chairperson, vice-chairperson and secretary. The council may make rules for the conduct of its affairs. The director of the region shall be an ex-officio member of the council without vote and shall attend its meetings.
(c) The council shall meet at least six times a year and at other times upon the call of the chair or the director of the state developmental services region or on the written request of any two members. A majority of the council members in office shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office.
(d) (1) Each council shall ensure that each individual with intellectual disability who resides within the region, and is applying for or receiving services from the Department of Developmental Services and the individual's parent, conservator, guardian or other legal representative, is informed, in writing and in plain language, of the supports and services available to the individual from the department.
(2) Each council shall establish and implement a planning and resource allocation team. The team shall establish the priority of each request by individuals with intellectual disability for residential, day supports or other services from the department and the allocation of resources within the region. All records, meeting minutes, reports and other materials used by the team to determine an individual's priority status shall be made available to the individual and the individual's parent, conservator, guardian or other legal representative.
(e) Information collected, maintained and disclosed pursuant to this section shall be in accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder.
Sec. 3. (NEW) (Effective from passage) (a) On and after October 1, 2016, the Commissioners of Social Services and Developmental Services shall notify, in writing, any individual with intellectual disability, who is receiving state-assisted care and who is soon to become ineligible for state-assisted care, and the individual's parent, conservator, guardian or other legal representative, of the date the individual will be ineligible to receive state-assisted care. Such notice shall be sent by certified mail, return receipt requested, not later than ninety days prior to the date the individual will become ineligible for state-assisted care or will stop receiving such care, whichever is earlier.
(b) Said commissioners shall assist any such individual and the individual's parent, conservator, guardian or other legal representative to identify and secure private funding for care or services required by the individual relating to his or her intellectual disability.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
New section |
Sec. 2 |
from passage |
17a-273 |
Sec. 3 |
from passage |
New section |
Statement of Legislative Commissioners:
In Section 1(a)(1)(3), "respite supports" was moved for clarity; in Section 1(a)(3)(B), "services requested" was changed to "supports or services requested" for internal consistency; in Section 1(b)(3) "receiving services" was changed to "receiving supports or services" for internal consistency; in Section 1(d)(2), "level of needs assessment" was changed to "level of need assessment", "residential waiting lists" was changed to "residential waiting list" and "the waiting lists" was changed to "the residential waiting list" for internal consistency, "each individual" was changed to "each such individual" for clarity, and "five-year and ten-year period" was changed to "five-year and ten-year periods" for accuracy.
PH |
Joint Favorable Subst. |