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CHAPTER 319o
DEPARTMENT OF SOCIAL SERVICES


Table of Contents

Sec. 17b-1. Department of Social Services. Commissioner. Successor department to Departments of Income Maintenance, Human Resources and Aging.
Sec. 17b-2. Programs administered by the Department of Social Services.
Sec. 17b-3. Commissioner of Social Services: Powers and duties.
Sec. 17b-4. Department of Social Services: Duties and services provided. Elderly and aging persons.
Sec. 17b-5. Implementation plan.
Sec. 17b-6. Department of Social Services: Regional administrators. Agency goals.
Sec. 17b-7. (Formerly Sec. 17-3i). General assistance training programs.
Sec. 17b-7a. State-wide fraud early detection system. Regulations.
Sec. 17b-8. (Formerly Sec. 17-2k). Federal waiver of assistance program requirements. Notice and summary of waiver application.
Sec. 17b-9. (Formerly Sec. 17-2l). Annual report to the General Assembly.
Sec. 17b-10. (Formerly Sec. 17-3f). Department of Social Services policy manuals. Distribution. Regulations.
Sec. 17b-11. (Formerly Sec. 17-11). Acceptance of federal funds and commodities. Disregard of certain federal increases for recipients of state supplement program. Increase in income disregarded for unrelated recipients who share living arrangements. Annual report.
Sec. 17b-11a. Adult family living classification in rated housing.
Sec. 17b-12. (Formerly Sec. 17-11b). Acceptance of gifts for social services beneficiaries.
Sec. 17b-13. (Formerly Sec. 17-12). Federal aid for emergency relief purposes.
Sec. 17b-14. (Formerly Sec. 17-12j). Notification of federal sanctions and fines. Report.
Sec. 17b-15. (Formerly Sec. 17-12p). Implementation of the Family Support Act of 1988. Day care provisions of the Omnibus Reconciliation Act of 1990.
Sec. 17b-16. (Formerly Sec. 17-12t). Information to be provided re earned income credit program.
Sec. 17b-16a. Disclosure of current address of applicants or recipients of benefits under programs administered by the department.
Sec. 17b-16b. Ineligibility for benefits under programs administered by department due to outstanding felony arrest warrants.
Sec. 17b-17. (Formerly Sec. 17-12aa). Assistance dependency report.
Sec. 17b-18. (Formerly Sec. 17-12kk). Reports to the appropriations committee.
Sec. 17b-19. (Formerly Sec. 17-291). Annual general assistance report. Records and reports by selectmen. Penalty.
Sec. 17b-20. (Formerly Sec. 17-574). Grants for pilot projects or demonstrations.
Sec. 17b-21. (Formerly Sec. 17-583). Civil legal services programs for indigent persons. Funding.
Sec. 17b-22. (Formerly Sec. 17-106). Agreements with other states.
Sec. 17b-23. (Formerly Sec. 17-572). Commissioner may contract with Commissioner of Children and Families re delivery of services to children.
Sec. 17b-24. (Formerly Sec. 17-573). Contracts for comprehensive health care.
Sec. 17b-25. (Formerly Sec. 17-576). Purchase or lease and management of property.
Sec. 17b-25a. Toll-free vendor fraud telephone line.
Sec. 17b-25b. Program for persons suffering from Huntington's disease.
Sec. 17b-26. (Formerly Sec. 17-577). Department designated as state agency responsible for implementation of social services block grants and community services block grants. Development of outreach program. Report.
Sec. 17b-27. Voluntary acknowledgment of paternity program. Regulations. Voluntary acknowledgment of paternity system established by Department of Public Health.
Sec. 17b-28. Advisory council re Medicaid managed care. Appointments. Reports.
Sec. 17b-28a. Waiver Application Development Council. Medicaid waiver unit.
Sec. 17b-28b. Competitive bidding for Medicaid managed care plans.
Sec. 17b-28c. Application for a federal waiver for pilot program based on principles of national Program of All-Inclusive Care for the Elderly (PACE).
Sec. 17b-28d. Amendment to state Medicaid plan to increase federal matching funds for Medicaid services provided to children requiring special education.
Sec. 17b-28e. Amendment to Medicaid state plan re optional services.
Sec. 17b-28f. Managed care subcontractors. Report on costs and profit.
Sec. 17b-29. Council to monitor implementation of temporary family assistance program and the employment services program. Appointments. Reports.
Sec. 17b-30. Biometric identifier system.
Sec. 17b-31. Parent's Fair Share Program.
Secs. 17b-32 to 17b-54.
Sec. 17b-55. Regulations re welfare reform.
Sec. 17b-56. (Formerly Sec. 17-21a). Compact.
Sec. 17b-57. (Formerly Sec. 17-21b). Administrator.
Sec. 17b-58. (Formerly Sec. 17-21c). Administrator to coordinate activities.
Sec. 17b-59. (Formerly Sec. 17-21d). Notice to other states of repeal of part.

PART I
GENERAL PROVISIONS

(a) There is established a Department of Social Services. The department head shall be the Commissioner of Social Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties therein prescribed.
(b) The Department of Social Services shall constitute a successor department to the Department of Income Maintenance, the Department of Human Resources and the Department on Aging in accordance with the provisions of sections 4-38d and 4-39.
(c) Wherever the words "Commissioner of Income Maintenance", "Commissioner of Human Resources" or "Commissioner on Aging" are used in the general statutes, the words "Commissioner of Social Services" shall be substituted in lieu thereof. Wherever the words "Department of Income Maintenance", "Department of Human Resources" or "Department on Aging" are used in the general statutes, "Department of Social Services" shall be substituted in lieu thereof.
(d) Any order or regulation of the Department of Income Maintenance, the Department of Human Resources or the Department on Aging which is in force on July 1, 1993, shall continue in force and effect as an order or regulation of the Department of Social Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments conflict, the Commissioner of Social Services may implement policies and procedures consistent with the provisions of public act 93-262* while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.
(P.A. 93-262, S. 1, 87.)
*Note: Public act 93-262 is entitled "An Act Concerning the Establishment of the Department of Social Services". (See Reference Table captioned "Public Acts of 1993" in Volume 16 which lists the sections amended, created or repealed by the act.)
History: P.A. 93-262 effective July 1, 1993.
Cited. 39 CA 216, 217.
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The Department of Social Services is designated as the state agency for the administration of (1) the child care development block grant pursuant to the Child Care and Development Block Grant Act of 1990; (2) the Connecticut energy assistance program pursuant to the Low Income Home Energy Assistance Act of 1981; (3) programs for the elderly pursuant to the Older Americans Act; (4) the state plan for vocational rehabilitation services for the fiscal year ending June 30, 1994; (5) the refugee assistance program pursuant to the Refugee Act of 1980; (6) the legalization impact assistance grant program pursuant to the Immigration Reform and Control Act of 1986; (7) the temporary assistance for needy families program pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; (8) the Medicaid program pursuant to Title XIX of the Social Security Act; (9) the food stamp program pursuant to the Food Stamp Act of 1977; (10) the state supplement to the Supplemental Security Income Program pursuant to the Social Security Act; (11) the state child support enforcement plan pursuant to Title IV-D of the Social Security Act; and (12) the state social services plan for the implementation of the social services block grants and community services block grants pursuant to the Social Security Act. The Department of Social Services is designated a public housing agency for the purpose of administering the Section 8 existing certificate program and the housing voucher program pursuant to the Housing Act of 1937.
(P.A. 93-262, S. 2, 87; June 18 Sp. Sess. P.A. 97-2, S. 19, 165.)
History: P.A. 93-262 effective July 1, 1993; June 18 Sp. Sess. P.A. 97-2 deleted a reference to the JOBS program, replaced a reference to the aid to families with dependent children program pursuant to Title IV-A of Social Security Act with temporary assistance for needy families program pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and made technical and conforming changes, effective July 1, 1997.
See Secs. 17a-453a, 17a-453b re inclusion of certain clients of department in behavioral health managed care program operated by Department of Mental Health and Addiction Services.
Cited. 44 CA 143.
Subdiv. (10):
Cited. 233 C. 557, 565.
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(a) The Commissioner of Social Services shall administer all law under the jurisdiction of the Department of Social Services. The commissioner shall have the power and duty to do the following: (1) Administer, coordinate and direct the operation of the department; (2) adopt and enforce regulations, in accordance with chapter 54, as are necessary to implement the purposes of the department as established by statute; (3) establish rules for the internal operation and administration of the department; (4) establish and develop programs and administer services to achieve the purposes of the department as established by statute; (5) contract for facilities, services and programs to implement the purposes of the department as established by statute; (6) process applications and requests for services promptly; (7) make no duplicate awards for items of assistance once granted, except for replacement of lost or stolen checks on which payment has been stopped; (8) promote economic self-sufficiency where appropriate in the department's programs, policies, practices and staff interactions with recipients; (9) act as advocate for the need of more comprehensive and coordinated programs for persons served by the department; (10) plan services and programs for persons served by the department; (11) coordinate outreach activities by public and private agencies assisting persons served by the department; (12) consult and cooperate with area and private planning agencies; (13) advise and inform municipal officials and officials of social service agencies about social service programs and collect and disseminate information pertaining thereto, including information about federal, state, municipal and private assistance programs and services; (14) encourage and facilitate effective communication and coordination among federal, state, municipal and private agencies; (15) inquire into the utilization of state and federal government resources which offer solutions to problems of the delivery of social services; (16) conduct, encourage and maintain research and studies relating to social services development; (17) prepare, review and encourage model comprehensive social service programs; (18) maintain an inventory of data and information and act as a clearing house and referral agency for information on state and federal programs and services; and (19) conduct, encourage and maintain research and studies and advise municipal officials and officials of social service agencies about forms of intergovernmental cooperation and coordination between public and private agencies designed to advance social service programs. The commissioner may require notice of the submission of all applications by municipalities, any agency thereof, and social service agencies, for federal and state financial assistance to carry out social services. The commissioner shall establish state-wide and regional advisory councils.
(b) The Commissioner of Social Services is authorized to do all things necessary to apply for, qualify for and accept any federal funds made available or allotted under any federal act for social service development, or any other projects, programs or activities which may be established by federal law, for any of the purposes or activities related thereto, and said commissioner shall administer any such funds allotted to the department in accordance with federal law. The commissioner may enter into contracts with the federal government concerning the use and repayment of such funds under any such federal act, the prosecution of the work under any such contract and the establishment of and disbursement from a separate account in which federal and state funds estimated to be required for plan preparation or other eligible activities under such federal act shall be kept. Said account shall not be a part of the General Fund of the state or any subdivision of the state.
(c) The powers and duties enumerated in this section shall be in addition to and shall not limit any other powers or duties of the commissioner contained in any other law.
(P.A. 93-262, S. 3, 87.)
History: P.A. 93-262 effective July 1, 1993.
See Sec. 19a-45a re memorandum of understanding between Commissioners of Social Services and Public Health to improve delivery of public health services for low income populations.
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(a) The Department of Social Services shall plan, develop, administer, operate, evaluate and provide funding for services for individuals and families served by the department who are in need of personal or economic development. In cooperation with other social service agencies and organizations, including community- based agencies, the department shall work to develop and fund prevention, intervention and treatment services for individuals and families. The department shall: (1) Provide appropriate services to individuals and families as needed through direct social work services rendered by the department and contracted services from community-based organizations funded by the department; (2) collect, interpret and publish statistics relating to individuals and families serviced by the department; (3) monitor, evaluate and review any program or service which is developed, operated or funded by the department; (4) supervise the establishment of pilot programs funded by the department in local communities which assist and support individuals and families in personal and economic development; (5) improve the quality of services provided, operated and funded by the department and increase the competency of its staff relative to the provision of effective social services by establishing and supporting ongoing staff development and training; and (6) encourage citizen participation in the development of social service priorities and programs.
(b) The Department of Social Services shall study continuously the conditions and needs of elderly and aging persons in this state in relation to nutrition, transportation, home-care, housing, income, employment, health, recreation and other matters. It shall be responsible in cooperation with federal, state, local and area planning agencies on aging for the overall planning, development and administration of a comprehensive and integrated social service delivery system for elderly persons and the aged. The department shall: (1) Measure the need for services; (2) survey methods of administration of programs for service delivery; (3) provide for periodic evaluations of social services; (4) maintain technical, information, consultation and referral services in cooperation with other state agencies to local and area public and private agencies to the fullest extent possible; (5) develop and coordinate educational outreach programs for the purposes of informing the public and elderly persons of available programs; (6) cooperate in the development of performance standards for licensing of residential and medical facilities with appropriate state agencies; (7) supervise the establishment, in selected areas and local communities of the state, of pilot programs for elderly persons; (8) coordinate with the state Department of Transportation to provide adequate transportation services related to the needs of elderly persons; and (9) cooperate with other state agencies to provide adequate and alternate housing for elderly persons, including congregate housing as defined in section 8-119e.
(c) The Department of Social Services, in conjunction with the Department of Public Health, may adopt regulations in accordance with the provisions of chapter 54 to establish requirements with respect to the submission of reports concerning financial solvency and quality of care by nursing homes for the purpose of determining the financial viability of such homes, identifying homes that appear to be experiencing financial distress and examining the underlying reasons for such distress. Such reports shall be submitted to the Nursing Home Financial Advisory Committee established under section 17b-339.
(P.A. 93-262, S. 4, 87; P.A. 98-239, S. 24, 35.)
History: P.A. 93-262 effective July 1, 1993 (Revisor's note: In 1997 a reference in Subsec. (b) to "Transportation Department" was changed editorially by the Revisors to "Department of Transportation" for consistency with customary statutory usage); P.A. 98-239 added Subsec. (c) to allow Department of Social Services, in conjunction with the Department of Public Health, to adopt regulations to establish requirements re submission of reports concerning financial solvency and quality of care by nursing homes and to require that such reports be submitted to the Nursing Home Financial Advisory Committee, effective July 1, 1998.
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Section 17b-5 is repealed, effective July 1, 1995.
(S.A. 92-20, S. 2; P.A. 93-262, S. 6, 87; P.A. 94-181, S. 6, 7; May Sp. Sess. P.A. 94-3, S. 2, 28; P.A. 95-257, S. 57, 58.)
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Sec. 17b-6. Department of Social Services: Regional administrators. Agency goals. (a) There shall be a regional administrator who shall be in unclassified service for each of the regions established pursuant to subsection (b) of this section, to oversee and coordinate programs and services within the region.
(b) The Commissioners of Social Services and Public Health, and the Secretary of the Office of Policy and Management, on behalf of other state agencies, shall ensure that the following intra-agency and interagency goals are addressed and met: (1) The establishment by the Office of Policy and Management pursuant to section 16a-4a of not more than six uniform regional service delivery areas to be developed in consideration of (A) geographical size; (B) general population distribution; (C) agency target population and caseload; (D) location of department facilities; (E) the accessibility of transportation for clients to service delivery offices and for workers to clients and (F) any federal requirements; (2) the coordination by the Office of Policy and Management pursuant to section 16a-4a of the regional service delivery areas of other state agencies which provide services closely linked with health and human services programs with the regional service delivery areas developed pursuant to subdivision (1) of this subsection; (3) the decentralization of the service delivery operations of each agency to provide as much autonomy as possible to each regional office enabling the office to respond effectively to the particular service needs of the region; (4) coordinated control and direction for programs to ensure consistency and uniformity among the regions in the development and provision of services; (5) the development of a strategic planning unit in the office of each commissioner to centralize policy development and planning within the agency and promote interagency coordination of health and human services planning and policy development; (6) development of a common intake process for entry into the health and human services system for information and referral, screening, eligibility determinations and service delivery; (7) the creation of a single application form for client intake and eligibility determinations with a common client identifier; (8) development of a commonly-linked computerized management information system with the capacity to track clients and determine eligibility across programs; (9) the coordination of current advisory boards and councils to provide input and expertise from consumers, advocates and other interested parties to the commissioners; and (10) the encouragement of collaborations that will foster the development and maintain the client-focused structure of the health and human services system, as well as involve partnerships between clients and their service providers.
(c) Notwithstanding any provision of the general statutes, any agency participating in the commonly-linked computerized management information system developed pursuant to subdivision (8) of subsection (b) of this section shall provide the name, address, date of birth and Social Security account numbers of the agency's clients to any agency using said system. Such information shall only be utilized by agencies participating in the system for accomplishing the goals set forth in subdivisions (6) and (8) of subsection (b) of this section. The information supplied by the agencies under this subsection shall not be subject to disclosure under sections 1-200 and 1-210 to 1-212, inclusive.
(S.A. 92-20, S. 3 (a), (d); P.A. 93-262, S. 7, 87; P.A. 95-257, S. 12, 21, 58; 95-293, S. 1, 2; June 18 Sp. Sess. P.A. 97- 11, S. 1, 65.)
History: P.A. 93-262 added a health care financing unit to the list of department of social services units, specified the divisions within each unit, deleting prior provisions naming divisions, provided that the office of policy and management shall establish the six uniform regional service delivery areas and required that there be a regional administrator for each area, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-293 deleted provisions establishing units within the department and added requirement that regional administrators be in unclassified service, effective July 1, 1995 (Revisor's note: A reference in Subsec. (b) to proposed "Commissioner of Developmental and Rehabilitative Services" was deleted editorially by the Revisors pursuant to Sec. 1 of May Sp. Sess. P.A. 94-3); June 18 Sp. Sess. P.A. 97-11 amended Subsec. (b) to extend duty of addressing goals to Secretary of Office of Policy and Management, on behalf of other state agencies, and added Subsec. (c) re shared information access among agencies participating in linked computerized information system, effective July 1, 1997.
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The Department of Social Services shall develop formal general assistance training programs and shall require town general assistance administrators and staff to attend such programs. The programs shall consist of: (1) Training for new administrators and appropriate new staff as selected by administrators, which shall be provided within the first six months of employment in the position; (2) training for existing administrators and appropriate staff selected by administrators, which shall include a review of current and new state policies, and (3) specific sessions for existing administrators and appropriate staff selected by administrators on the implementation of major policy changes.
(P.A. 85-564, S. 3, 12; P.A. 93-262, S. 1, 87.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-3i transferred to Sec. 17b-7 in 1995.
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The Commissioner of Social Services shall develop a state-wide fraud early detection system. The purpose of such system shall be to identify, investigate and determine if an application for assistance under (1) the temporary family assistance program, (2) the food stamp program or (3) the Medicaid program pursuant to Title XIX of the Social Security Act is fraudulent prior to granting assistance. The commissioner shall adopt regulations, in accordance with chapter 54, for the purpose of developing and implementing said system.
(P.A. 95-194, S. 25, 33; June 18 Sp. Sess. P.A. 97-2, S. 20, 165.)
History: P.A. 95-194, S. 25 effective July 1, 1995; June 18 Sp. Sess. P.A. 97-2 replaced a reference to aid to families with dependent children with temporary family assistance, effective July 1, 1997.
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(a) The Commissioner of Social Services shall submit an application for a federal waiver of any assistance program requirements, except such application pertaining to routine operational issues, to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the joint standing committee of the General Assembly having cognizance of matters relating to human services prior to the submission of such application to the federal government. Within thirty days of their receipt of such application, the joint standing committees may advise the commissioner of their approval, denial or modifications, if any, of his application.
(b) If in developing the budget for the department for the next fiscal year, the commissioner contemplates applying for a federal waiver, he shall notify the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and the joint standing committee of the General Assembly having cognizance of matters relating to human services of the possibility of such application.
(c) Prior to submission of an application for a waiver from federal law to the General Assembly under subsection (a) of this section, the Commissioner of Social Services shall publish a notice that the commissioner intends to seek such a waiver in the Connecticut Law Journal, along with a summary of the provisions of the waiver application and the manner in which individuals may submit comments. The commissioner shall allow fifteen days for written comments on the waiver application prior to submission of the application for a waiver to the General Assembly under subsection (a) of this section and shall include all written comments with the waiver application in the submission to the General Assembly.
(P.A. 85-505, S. 1, 21; P.A. 93-221, S. 2; 93-262, S. 1, 87; 93-435, S. 59, 95; June Sp. Sess. P.A. 00-2, S. 13, 53.)
History: P.A. 93-221 amended Subsec. (a) by reducing the amount of time the appropriations and human services committees have to advise the commissioner from thirty to fifteen days and made such advice voluntary, and deleting provisions re decisions by conference committee and added Subsec. (c) requiring the commissioner of income maintenance to publish notice of the waiver along with a summary of its provisions and to seek public written comments prior to its submission to the general assembly; P.A. 93-262 and 93-435 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-2k transferred to Sec. 17b-8 in 1995; June Sp. Sess. P.A. 00-2 amended Subsec. (a) to increase the amount of time the appropriations and human services committees have to advise the commissioner from fifteen to thirty days, effective July 1, 2000.
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The Commissioner of Social Services shall submit an annual report to the General Assembly no later than January first. The report shall: (1) Outline the department's goals and objectives; (2) include information indicating the department's degree of compliance with all legislative mandates imposed during the previous year, a timetable for implementation and compliance with those legislative mandates which were partially implemented or not implemented in the previous year and information on the status of legislative mandates until the year succeeding that in which they are fully implemented; (3) include financial information on all cost disallowances, financial penalty disallowances, sanctions and fines actually paid during the previous fiscal year and identify for each such disallowance, sanction and fine the circumstances leading to its imposition, and (4) identify all recoveries occurring during the fiscal year for previous years.
(P.A. 85-564, S. 8, 12; P.A. 86-403, S. 35, 132; P.A. 93-262, S. 1, 87.)
History: P.A. 86-403 made technical changes; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-2l transferred to Sec. 17b-9 in 1995.
See Sec. 17b-17 re report of client and fiscal data on department programs.
See Sec. 17b-18 re quarterly reports to the appropriations committee.
See Sec. 17b-19 re annual general assistance report.
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(a) The Department of Social Services shall prepare and routinely update state medical services and public assistance manuals and general assistance policy manuals. The pages of such manuals shall be consecutively numbered and indexed, containing all departmental policy regulations and substantive procedure. Said manuals shall be published by the department and distributed so that they are available to (1) all district, subdistrict and field offices of the Department of Social Services; (2) each town hall in the state; (3) all legal assistance programs in the state; and (4) any interested member of the public who requests a copy. All policy manuals of the department, as they exist on May 23, 1984, including the supporting bulletins but not including statements concerning only the internal management of the department and not affecting private rights or procedures available to the public, shall be construed to have been adopted as regulations in accordance with the provisions of chapter 54. After May 23, 1984, any policy issued by the department, except a policy necessary to conform to a requirement of a federal or joint federal and state program administered by the department, including, but not limited to, the state supplement program to the Supplemental Security Income Program, shall be adopted in regulation form in accordance with the provisions of chapter 54. After May 23, 1984, the department shall adopt in regulation form in accordance with the provisions of chapter 54, any new policy necessary to conform to a requirement of a federal or joint state and federal program administered by the department, including, but not limited to, the state supplement program to the Supplemental Security Income Program, but the department may operate under such policy while it is in the process of adopting the policy in regulation form, provided the Department of Social Services prints notice of intent to adopt the regulations in the Connecticut Law Journal within twenty days after adopting the policy. Such policy shall be valid until the time final regulations are effective.
(b) By July 1, 1986, the Department of Social Services shall rewrite the general assistance policy manual using plain language as described in section 42-152 and sections 38a-295 to 38a-300, inclusive. The manual shall include an index for frequent referencing and a separate section or manual which specifies procedures to follow to clarify policy. The department shall keep records of policy and procedural questions raised by town welfare officials and staff during telephone conversations and office visits.
(c) By January 1, 1987, the Department of Social Services shall replace its state public assistance policy manual with a new manual which is adopted in accordance with the provisions of chapter 54 and which sets forth in clear and concise language the policies and procedures to be used by the department in implementing and enforcing federal and state laws. The department may operate under a policy in the new recipient eligibility and benefit policy manual while it is in the process of adopting the manual in regulation form, provided the department shall print a notice of intent to adopt regulations relating to recipient eligibility and benefits in the Connecticut Law Journal within twenty days of issuing the policy.
(P.A. 75-420, S. 4, 6; 75-610, S. 1, 2; P.A. 77-614, S. 587, 608, 610; P.A. 78-303, S. 85, 136; P.A. 84-150, S. 1, 2; P.A. 85-564, S. 1, 12; P.A. 86-415, S. 1, 10; P.A. 88-156, S. 9; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 allowed substitution of commissioner and department of social services for welfare commissioner and department in P.A. 75-610 which created section; P.A. 77-614 and P.A. 78-303 replaced social services commissioner and department with commissioner and department of income maintenance, effective January 1, 1979; P.A. 84-150 deleted obsolete provision setting deadline for development of policy manual and changed the requirement concerning the adoption of policy manuals in regulation form; P.A. 85-564 made the existing section Subsec. (a) and added Subsecs. (b) and (c) re replacement of general assistance policy manual and state social services policy manual; P.A. 86-415 allowed the department to operate under new policy while manual is in the process of being adopted in regulation form; P.A. 88-156 replaced language re social services policy manual with references to medical services and public assistance manuals in Subsecs. (a), (b) and (c); P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-3f transferred to Sec. 17b-10 in 1995.
Annotations to former section 17-3f:
Cited. 214 C. 601, 604, 605, 606, 608. P.A. 86-415 cited. Id.
Cited. 6 CA 47, 55.
Cited. 40 CS 394, 400, 401.
Subsec. (c):
Cited. 214 C. 601, 604, 609.
Cited. 21 CA 678, 679.
Cited. 43 CS 175, 177.
Annotations to present section:
Cited. 43 CA 39.
Subsec. (a):
Cited. 43 CA 39.
Subsec. (c):
Cited. 43 CA 39.
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Sec. 17b-11. (Formerly Sec. 17-11). Acceptance of federal funds and commodities. Disregard of certain federal increases for recipients of state supplement program. Increase in income disregarded for unrelated recipients who share living arrangements. Annual report. (a) The Commissioner of Social Services is authorized and empowered to accept any and all allotments of federal funds, federal funds to match private contributions and commodities, and to manage and dispose of the same in whatever manner is required by federal law, and to take advantage of any amendments and supplements to the federal Social Security Act and of any other federal act relating to public welfare, and to conform to such federal requirements as are conditions precedent to the receipt of federal matching grants and are not prohibited by the general statutes. The commissioner shall submit an annual report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies which sets forth the amount of any federal funds accepted to match private contributions and the purpose for which such funds are accepted and used.
(b) The Commissioner of Social Services shall determine that portion of social security increases approved by the federal government or other unearned income which shall be disregarded by the Department of Social Services in the payment of benefits to recipients of, and in the determination of eligibility of applicants for the state supplement program to the Supplemental Security Income Program. The Commissioner of Social Services, upon application, shall increase the amount disregarded for unrelated recipients in the state supplement program to the Supplemental Security Income Program who share living arrangements. The Commissioner of Social Services shall adopt regulations in accordance with the provisions of sections 4-166 to 4-176, inclusive, to establish specific dollar amounts to be disregarded. Such dollar amounts shall be no less than the amount of income from the Supplemental Security Income Program disregarded by the Department of Social Services pursuant to the provisions of this section in effect on June 30, 1976.
(1949 Rev., S. 2628; 1949, 1953, S. 1459d; 1967, P.A. 490; P.A. 75-420, S. 4, 6; 75-522, S. 1, 2; P.A. 76-200, S. 1, 2; P.A. 77-614, S. 608, 610; P.A. 84-337; P.A. 88-317, S. 69, 107; P.A. 93-262, S. 1, 87; 93-418, S. 3, 41.)
History: 1967 act added authorization to conform to federal requirements as conditions precedent to receipt of grants; P.A. 75-420 replaced welfare commissioner and department with commissioner and department of social services; P.A. 75-522 added Subsec. (b) re disregard of social security increases; P.A. 76-200 rephrased Subsec. (b) to allow commissioner discretion as to how much of increase is to be disregarded within certain limits as set forth, previously increases were disregarded altogether; P.A. 77-614 replaced commissioner and department of social services with commissioner and department of income maintenance, effective January 1, 1979; P.A. 84-337 amended Subsec. (b) by providing, upon application, an increase in the amount disregarded for unrelated recipients who share living arrangements; P.A. 88-317 amended reference to Secs. 4-166 to 4-176 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. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A. 93-418 allowed the commissioner to accept federal funds to match private contributions and required commissioner to submit annual report to appropriations committee re amount and use of such funds, effective July 1, 1993; Sec. 17-11 transferred to Sec. 17b-11 in 1995.
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The Commissioner of Social Services, within available appropriations, shall include an adult family living classification in the rated housing category under the state supplement to the federal Supplemental Security Income Program. The commissioner shall also adopt regulations, in accordance with chapter 54, defining "adult family living" for the purpose of creating such classification.
(June 18 Sp. Sess. P.A. 97-2, S. 126, 165.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997.
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Sec. 17b-12. (Formerly Sec. 17-11b). Acceptance of gifts for social services beneficiaries. The Commissioner of Social Services may accept and receive, on behalf of the Department of Social Services, any bequest or gift of personal property for services for a person who is, or members of whose immediate family are, receiving assistance or services from the Department of Social Services, or both, or for services for a former or potential recipient of assistance from the Department of Social Services. Any federal funds generated by virtue of any such bequest or gift may be used for the extension of services to such person or family members.
(1972, P.A. 274, S. 1; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner and department with commissioner and department of social services; P.A. 77-614 replaced social services commissioner and department with commissioner and department of income maintenance, effective January 1, 1979; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-11b transferred to Sec. 17b-12 in 1995.
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The Commissioner of Social Services is designated as the agency of the state to administer or supervise the administration of financial aid for emergency relief purposes which the United States government has authorized or may authorize to be given to the several states. The State Treasurer is directed to receive all money granted by the United States or by any agency thereof and to hold the same separate from all other funds of the state. Funds granted to the state for emergency relief purposes shall be disbursed by the Treasurer, upon voucher of the Comptroller, under direction of and subject to the regulations of said commissioner. Unless otherwise provided by the terms of the federal authorization, such money shall be distributed by said commissioner to the several towns of this state for emergency relief in the state and shall be used by such towns in accordance with, and shall be subject to, the provisions of sections 17b-19, 17b-63 to 17b-65, inclusive, 17b-116 to 17b-138, inclusive, 17b-220 to 17b-250, inclusive, 17b-256, 17b- 259, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689, 17b-689b and 17b- 743 to 17b-747, inclusive. The remaining cost of providing such relief, after deduction of the federal contribution thereto, shall be borne by the state and the towns in accordance with the provisions of section 17b-134; but such cost shall not include administrative expense unless included in the federal authorization.
(1949 Rev., S. 2629; March, 1958, P.A. 22, S. 1; February, 1965, P.A. 574, S. 24; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 93-262, S. 1, 87.)
History: 1965 act deleted reference to repealed Sec. 17-285; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-12 transferred to Sec. 17b-13 in 1995; (Revisor's note: The references to "17b-115 to 17b-138" and "17b-689 to 17b-693, inclusive," were changed editorially by the Revisors to "17b-116 to 17b-138" and "17b-689, 17b-689b", respectively, to reflect the repeal of certain sections by section 164 of June 18 Sp. Sess. P.A. 97-2).
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Sec. 17b-14. (Formerly Sec. 17-12j). Notification of federal sanctions and fines. Report. The Commissioner of Social Services shall report in writing within five days to the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leaders of the Senate and House of Representatives and the minority leaders of the Senate and House of Representatives, whenever the federal government notifies the commissioner that sanctions or fines or both are likely to be imposed, or have been imposed, against any program under the jurisdiction of the commissioner. Any such report shall include, but not be limited to, a description of the circumstances which resulted in such sanction or fine or both and shall set forth the course of action the commissioner proposes to mitigate or to eliminate the circumstances which resulted in such sanction or fine or both.
(P.A. 83-354, S. 2, 4; P.A. 84-59, S. 2; P.A. 93-262, S. 1, 87.)
History: P.A. 84-59 substituted "within five days" for "forthwith", changed provisions re report to committees to report to legislative leaders, and added provisions re report of fines and requirement that report include description of circumstances and course of action of commissioner; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-12j transferred to Sec. 17b-14 in 1995.
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Sec. 17b-15. (Formerly Sec. 17-12p). Implementation of the Family Support Act of 1988. Day care provisions of the Omnibus Reconciliation Act of 1990. (a) The Commissioner of Social Services shall implement Titles II, III, IV, V, VI and VII of the Family Support Act of 1988, Public Law No. 100-485. The commissioner shall maximize available federal funding by providing services to the following target populations: (1) AFDC recipients who have received aid for any thirty-six of the preceding sixty months; (2) custodial parents under the age of twenty-four who have not completed high school or have limited or no work experience in the previous year; and (3) individuals who are members of an AFDC family in which the youngest child is within two years of being ineligible for AFDC due to age. Within the target populations, first consideration shall be given to those who volunteer to participate. The commissioner shall submit the plan for implementing the Job Opportunities and Basic Skills Training Program (JOBS), required by Title II of said act, to the federal government no later than July 1, 1989, and shall implement such plan upon approval of the federal government. Upon submittal of the program implementation plan to the Employment and Training Commission, the commissioner shall also submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to human services. The commissioner shall submit any subsequent significant changes to such plan to such committee.
(b) The commissioner shall administer Section 5081 of the Omnibus Reconciliation Act of 1990, Public Law 101-508, subject to available funding.
(P.A. 89-280, S. 1, 9; June Sp. Sess. P.A. 91-8, S. 3, 63; P.A. 93-262, S. 1, 87.)
History: June Sp. Sess. P.A. 91-8 added Subsec. (b) requiring the administration of day care provisions of OBRA; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-12p transferred to Sec. 17b-15 in 1995.
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The Labor Department, in cooperation with the Department of Social Services, shall provide information and assistance in obtaining, within available appropriations, the federal earned income credit established pursuant to 26 USC 32, to each applicant for or recipient of assistance from the department. The Labor Department, in cooperation with the Department of Revenue Services, shall promote the earned income credit program to recipients of benefits pursuant to section 17b-112.
(P.A. 90-92, S. 1; P.A. 93-262, S. 1, 87; P.A. 95-194, S. 5, 33; P.A. 99-203, S. 2, 3.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-12t transferred to Sec. 17b-16 in 1995; P.A. 95-194 added a provision requiring the Department of Social Services, in cooperation with the Department of Revenue Services, to promote the earned income credit program to recipients of time-limited benefits received pursuant to Sec. 17b-112, effective June 29, 1995; P.A. 99-203 required the Labor Department in cooperation with the Department of Social Services to provide information and assistance in obtaining the federal earned income credit, and required the Labor Department instead of the Department of Social Services in cooperation with the Department of Revenue Services to promote the earned income credit program to recipients of benefits pursuant to Sec. 17b-112, effective July 1, 1999, and applicable to income years commencing on or after January 1, 1999.
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The Department of Social Services shall disclose the current address of an applicant or recipient of benefits under any program administered by the department, unless prohibited by federal law, upon the request of a federal, state or local law enforcement officer if the following conditions are met:
(1) Such officer provides said department with the name of the recipient;
(2) (A) Such officer notifies said department that the recipient is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony or high misdemeanor under the laws of the place from which the individual flees, or violating a condition of probation or parole imposed under federal or state law as a result of the commission of such a felony or high misdemeanor, or (B) the recipient has information necessary for such officer to conduct official duties in relation to a crime committed or an attempt to commit a crime which is a felony or high misdemeanor in the state in which the crime is committed or attempted; and
(3) The location or apprehension of the recipient is within official duties of such officer.
(June 18 Sp. Sess. P.A. 97-2, S. 125, 165; P.A. 98-239, S. 31, 35.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-239 extended requirement to disclose current address of recipients to applicants for "benefits under any program administered by the department, unless prohibited by federal law," deleting reference to Temporary Assistance For Needy Families and food stamp program; amended Subpara. (A) of Subdiv. (2) to clarify that the officer notifies the department that the individual is violating a condition of probation or parole "as a result of the commission of such a felony or high misdemeanor" and amended Subpara. (B) of said Subdiv. to clarify that the officer notifies the department that the individual has information necessary for such officer to conduct official duties "in relation to a crime committed or an attempt to commit a crime which is a felony or high misdemeanor in the state in which the crime is committed or attempted", effective June 8, 1998.
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To the extent permitted by federal law, any person for whom there is an outstanding arrest warrant for any offense that is classified as a felony under state or federal law may be determined ineligible for benefits under any program administered by the Department of Social Services, after due notice and hearing in accordance with hearing procedures adopted by the Commissioner of Social Services.
(P.A. 98-239, S. 13, 35.)
History: P.A. 98-239 effective June 8, 1998.
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On or before July 1, 1994, the Commissioner of Social Services shall develop a series of indicators to measure the degree of welfare dependency in Connecticut and the success in reducing reliance on public assistance programs. By such date, and annually thereafter, the commissioner shall report the results of said measurements and identify objectives to reduce such dependency to the joint standing committee of the General Assembly having cognizance of matters relating to human services.
(P.A. 89-296, S. 4, 9; P.A. 90-182, S. 2, 3; P.A. 93-221, S. 4; 93-262, S. 1, 87; 93-435, S. 59, 95; P.A. 95-194, S. 4, 33; 95-351, S. 2, 30.)
History: P.A. 90-182 designated existing provisions as Subsec. (a), required report of client and fiscal data to be submitted to office of policy and management and office of fiscal analysis, rather than to appropriations committee, and added Subsec. (b) requiring said offices to report to appropriations committee re adequacy of such report; P.A. 93-221 added Subsec. (c) requiring the commissioner of income maintenance to develop indicators to measure state assistance dependency and to report these findings annually to the human services committee; P.A. 93-262 and 93-435 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-12aa transferred to Sec. 17b-17 in 1995; P.A. 95-194 deleted former Subsec. (a) requiring the Department of Social Services, in consultation with the Office of Policy and Management and the legislative Office of Fiscal Analysis, to develop a system for compiling a report of client and fiscal data on department programs, relettering remaining Subsecs. accordingly, effective June 29, 1995; P.A. 95-351 deleted former Subsec. (b), which had been relettered as Subsec. (a) by P.A. 95-194, re obsolete report deadline, effective June 29, 1995.
See Sec. 17b-9 re annual report outlining department's goals and objectives.
See Sec. 17b-18 re quarterly reports to the appropriations committee.
See Sec. 17b-19 re annual general assistance report.
See Sec. 19a-45a re memorandum of understanding between Commissioners of Social Services and Public Health to improve delivery of public health services for low income populations.
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The Department of Social Services shall report the following to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations: (1) Monthly disproportionate share and emergency assistance to families expenditures and reimbursements by claimable funding source; (2) a quarterly reconciliation of federal reimbursement awards, state reimbursement requests and actual claimable revenue due the state; (3) notice of any state plan amendments submitted to the federal government and the estimated fiscal impact within twenty working days of the submission; (4) notice of any state plan amendment approved by the federal government and the estimated fiscal impact within twenty working days of the approval; (5) notice of any fiscal reimbursement initiatives which the department is implementing and the estimated fiscal impact of such initiative; and (6) a monthly report of state expenditures for services for which the state receives federal financial participation pursuant to programs under the United States Department of Health and Human Services.
(May Sp. Sess. P.A. 92-16, S. 73, 89; P.A. 93-262, S. 1, 87; P.A. 95-306, S. 6, 7.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-12kk transferred to Sec. 17b-18 in 1995; P.A. 95-306 deleted the requirement of quarterly reports and replaced prior provisions detailing report contents with new provisions, effective July 6, 1995.
See Sec. 17b-9 re annual report outlining department's goals and objectives.
See Sec. 17b-17 re report of client and fiscal data on department programs.
See Sec. 17b-19 re annual general assistance report.
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(a) The Commissioner of Social Services shall prepare an annual general assistance report and shall issue it to the General Assembly, each town in the state and each person who requests it. The report shall be issued each April for the prior fiscal year and shall contain staff and budget information, a summary of the activities of the department for such year, the goals and objectives of the department for the next year, general assistance data, an analysis of trends in the general assistance program, and information on supported work, education and training programs.
(b) The selectmen shall keep full and accurate records of the persons relieved and supported in whole or in part, at the expense of their respective towns, together with the amount paid by them for such support and relief, and monthly, or at such other periods not less than monthly, as may be designated by the Commissioner of Social Services, shall make reports to said commissioner of the number of such persons supported, together with the cost, in the manner and on forms approved by said commissioner. The commissioner may also require reports containing other information which he deems necessary for the proper administration and oversight of the general assistance program. The commissioner may withhold reimbursement due under sections 17b-78 and 17b-134 from any town which fails to submit the reports required under this section. Such reports shall be public records and may be published periodically by said commissioner in such form as he directs.
(c) Records kept by the selectmen pursuant to subsection (b) of this section, shall be retained for the length of time necessary to pursue any possible recovery of the cost of assistance provided to a recipient.
(1949 Rev., S. 2602; 1953, S. 1433d; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 85-564, S. 4, 12; P.A. 89- 239, S. 4; P.A. 91-45; P.A. 93-262, S. 1, 87; P.A. 94-192, S. 1.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 85-564 made the existing section Subsec. (b) and added Subsec. (a) on an annual general assistance report; P.A. 89-239 allows the commissioner to require other information he deems necessary for the administration of the program and permits the commissioner to withhold reimbursement to any town that fails to submit a report in Subsec. (b); P.A. 91-45 added Subsec. (c) re retention of general assistance records; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A. 94-192 changed the date the report is issued from December to April; Sec. 17-291 transferred to Sec. 17b-19 in 1995.
See Sec. 17b-9 re annual report outlining department's goals and objectives.
See Sec. 17b-17 re report of client and fiscal data on department programs.
See Sec. 17b-18 re quarterly reports to the appropriations committee.
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The Commissioner of Social Services may provide grants to public or private agencies for pilot projects or demonstrations, or both, where the commissioner believes such projects or demonstrations may be of value to the Department of Social Services, under criteria established by regulations of said commissioner.
(1971, P.A. 374, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 86-279, S. 1; P.A. 91-401, S. 17, 20; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner and department with commissioner and department of social services; P.A. 77-614 replaced commissioner and department of social services with commissioner and department of human resources, effective January 1, 1979; Sec. 17-3e transferred to Sec. 17-31e in 1979; P.A. 86-279 required commissioner to adopt regulations to insure audits of grants, to conduct inquiry into status and fiscal stability of unaudited grant programs and to order audits and seek court enforcement in cases of noncompliance and divided section into Subsecs.; Sec. 17-31e transferred to Sec. 17-574 in 1991; P.A. 91-401 repealed former Subsec. (a) re regulations to ensure grants by department are audited as required under Sec. 7-396a, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-574 transferred to Sec. 17b-20 in 1995.
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Sec. 17b-21. (Formerly Sec. 17-583). Civil legal services programs for indigent persons. Funding. The Commissioner of Social Services shall, upon application of any private, nonprofit organization or agency which provides legal services, make grants, within available appropriations, to such organizations or agencies for the purpose of providing civil legal services to indigent persons in the areas of housing and domestic relations.
(P.A. 82-468, S. 1, 3; P.A. 93-262, S. 1, 87.)
History: Sec. 17-31o transferred to Sec. 17-583 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-583 transferred to Sec. 17b-21 in 1995.
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The commissioner is authorized to enter into reciprocal agreements with other states relative to provision of social services and aid to residents and nonresidents.
(1949 Rev., S. 2914.)
History: Sec. 17-106 transferred to Sec. 17b-22 in 1995.
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The Commissioner of Social Services may contract with the Commissioner of Children and Families for the performance and discharge of such duties and functions, including the registration of family day care homes, imposed on the Commissioner of Social Services by titles 4, 10, 12, 14, 17a, 17b, 18, 45a and 54, and for the exercise of such power and authority by the Commissioner of Children and Families which the Commissioner of Social Services may have thereunder, as those commissioners may deem necessary to provide the most efficient and effective delivery of services to children.
(1971, P.A. 374, S. 1; P.A. 74-251, S. 1; P.A. 77-614, S. 520, 521, 587, 608, 610; P.A. 78-303, S. 85, 136; P.A. 88- 156, S. 1; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87.)
History: Subsec. (b) of Sec. 17-3c transferred to Sec. 17-31c in 1979; P.A. 88-156 substituted registration of family day care homes for reference to licensing; Sec. 17-31c transferred to Sec. 17-572 in 1991; 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 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-572 transferred to Sec. 17b-23 in 1995.
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The Commissioner of Social Services may enter into contracts with an organized group which provides comprehensive health care on a prepayment or per capita basis.
(1971, P.A. 421; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; Sec. 17-3d transferred to Sec. 17-31d in 1979; Sec. 17-31d transferred to Sec. 17-573 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17- 573 transferred to Sec. 17b-24 in 1995.
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Sec. 17b-25. (Formerly Sec. 17-576). Purchase or lease and management of property. The Commissioner of Social Services may obtain real and personal property with the approval of the Attorney General, by purchase or lease. The expense of obtaining and maintaining such property shall be paid out of appropriations for the Department of Social Services. Said commissioner may, subject to the provisions of chapter 67, appoint such supervisory and other personnel as may be necessary for the management of such property.
(1971, P.A. 814, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 88-156, S. 2; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner and department with commissioner and department of social services; P.A. 77-614 replaced social services commissioner and department with commissioner and department of human resources, effective January 1, 1979; Sec. 17-2h transferred to Sec. 17-31g in 1979; P.A. 88-156 deleted reference to Sec. 17-2g, repealed by the same act; Sec. 17-31g transferred to Sec. 17-576 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-576 transferred to Sec. 17b-25 in 1995.
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(a) The Commissioner of Social Services shall provide toll-free telephone access for a person to report vendor fraud in any program operated by the Department of Social Services.
(b) The commissioner shall include a reference to its toll-free vendor fraud telephone line established pursuant to subsection (a) of this section in any advertisement of its programs or services.
(c) The commissioner shall establish a public relations campaign, within available appropriations, to announce the creation of the toll-free telephone line established pursuant to subsection (a) of this section.
(P.A. 96-169, S. 15.)
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The Department of Social Services shall establish and administer a program of services for persons suffering from Huntington's disease. A clinic for such persons shall be geographically located so as to conveniently serve the population of the state. The clinic shall (1) provide genetic testing for persons who are at risk of acquiring Huntington's disease, (2) offer counseling to such persons who have tested positive for Huntington's disease and their families, and (3) offer medical care to such persons who are in the early phases of the disease. The clinic shall provide consulting services and continuing education for any health care provider providing services to persons suffering from Huntington's disease.
(P.A. 97-264.)
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Sec. 17b-26. (Formerly Sec. 17-577). Department designated as state agency responsible for implementation of social services block grants and community services block grants. Development of outreach program. Report. (a) The Department of Social Services shall act as the single state agency to coordinate, plan and publish annually the state social services plan for the implementation of social services block grants and community services block grants as required by federal law and regulation. Said department shall furnish copies of said plan to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services, at least sixty days prior to publication, for their review and recommendations, and shall consult with and furnish to said committees any additional information on such plan which they may request.
(b) The Department of Social Services shall provide for the development of all mandated outreach programs in accordance with any mandate of the federal government as required by federal law and regulation for the implementation of social services block grants and community services block grants.
(c) The Department of Social Services shall, on or before December fifteenth, annually, report to the Governor and said joint standing committees with regard to the activity of the department in the implementation of social services block grants and community services block grants, including but not limited to, fiscal data on expenditures of state and federal funds thereunder, and any recommendations for needed program legislation to insure the receipt of all federal funds available to the state from such grants.
(d) Any organization receiving block grants pursuant to this section shall be subject to the provisions of section 17b-99.
(P.A. 75-420, S. 1—4, 6; P.A. 77-555; 77-614, S. 521, 610; P.A. 78-265, S. 1, 3; P.A. 82-314, S. 37, 63; P.A. 87-216, S. 1; P.A. 93-262, S. 1, 87; P.A. 96-169, S. 16.)
History: P.A. 77-555 required annual publication of plan, added provisions re consultation with human services and appropriations committees, clarified Subsec. (c) and made its provisions generally applicable; P.A. 77-614 replaced department of social services with department of human resources, effective January 1, 1979; P.A. 78-265 added Subsec. (d); Sec. 17-2i transferred to Sec. 17-31h in 1979; P.A. 82-314 changed official names of human services and appropriations committees; P.A. 87-216 changed "Title XX of the Social Security Act" to "social services block grants and community services block grants" and deleted Subsec. (d) re designation of matching sum; Sec. 17-31h transferred to Sec. 17-577 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-577 transferred to Sec. 17b-26 in 1995; P.A. 96-169 added Subsec. (d) making organizations receiving block grants subject to the provisions of Sec. 17b-99.
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Sec. 17b-27. Voluntary acknowledgment of paternity program. Regulations. Voluntary acknowledgment of paternity system established by Department of Public Health. (a) Each hospital or other institution where births occur shall develop a protocol for a hospital-based voluntary acknowledgment of paternity program as provided in regulations adopted pursuant to subsection (b) of this section, which shall be consistent with the provisions of subsection (a) of section 46b-172. Such protocol shall assure that the participants are informed, are competent to understand and agree to an affirmation or acknowledgment of paternity, and that any such affirmation or acknowledgment is voluntary and free from coercion.
(b) The Commissioner of Social Services shall adopt regulations in accordance with chapter 54 to implement the provisions of subsection (a) of this section. Such regulations shall include, but not be limited to, provisions (1) to assure that affirmations of paternity by the mother and acknowledgments of paternity by the putative father are voluntary and free from coercion and (2) to establish the contents of notices which shall be provided to the mother and to the putative father before affirmation or acknowledgment. The notice to the mother shall include, but not be limited to, notice that the affirmation of paternity may result in rights of custody and visitation, as well as a duty of support, in the person named as the father. The notice to the putative father shall include, but not be limited to, notice that he has the right to contest paternity, including the right to appointment of counsel, a genetic test to determine paternity, and a trial by the Superior Court or a family support magistrate, and that acknowledgment of paternity will make him liable for the financial support of the child until the child's eighteenth birthday. In no event shall the mother's failure to sign an affirmation of paternity in the hospital be considered failure to cooperate with the establishment of support for the purposes of eligibility for temporary assistance for needy families.
(c) The Department of Public Health shall establish a voluntary acknowledgment of paternity system consistent with the provisions of subsection (a) of section 46b-172.
(May Sp. Sess. P.A. 94-5, S. 3, 30; June 18 Sp. Sess. P.A. 97-2, S. 21, 165; June 18 Sp. Sess. P.A. 97-7, S. 7, 38.)
History: May Sp. Sess. P.A. 94-5 effective July 1, 1994; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (b) to replace a reference to "noncooperation" with "failure to cooperate" and a reference to "aid to families with dependent children" with "the temporary family assistance program", effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (b) by replacing a reference to "trial by jury" with "a trial by the Superior Court or a family support magistrate" and by replacing "aid to families with dependent children" with "temporary assistance for needy families" and added Subsec. (c) re establishment of acknowledgment of paternity system by Department of Public Health, effective July 1, 1997 (Revisor's note: The reference in Subsec. (b) to "temporary assistance for needy families" added by this act repealed by implication the conflicting reference to "temporary family assistance program" added earlier by June 18 Sp. Sess. P.A. 97-2, and was codified accordingly by the Revisors).
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(a) There is established a council which shall advise the Commissioner of Social Services on the planning and implementation of a system of Medicaid managed care and shall monitor such planning and implementation and shall advise the Waiver Application Development Council, established pursuant to section 17b-28a, on matters including, but not limited to, eligibility standards, benefits, access and quality assurance. 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 and public health, 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; two community providers of health care, 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 abuse disabilities, 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; one representative of the office of the State Comptroller, to be appointed by the State Comptroller and the members of the Health Care Access Board who shall be ex-officio members and who may not designate persons to serve in their place. The council shall choose a chair from among its members. The joint committee on Legislative Management shall provide administrative support to such chair. The council shall convene its first meeting no later than June 1, 1994.
(b) The council shall make recommendations concerning (1) guaranteed access to enrollees and effective outreach and client education; (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 provider networks; (4) the sufficiency of capitated rates provider payments, financing and staff resources to guarantee timely access to services; (5) participation in managed care by existing community Medicaid providers; (6) the linguistic and cultural competency of providers and other program facilitators; (7) quality assurance; (8) timely, accessible and effective client grievance procedures; (9) coordination of the Medicaid managed care plan with state and federal health care reforms; (10) eligibility levels for inclusion in the program; (11) cost-sharing provisions; (12) a benefit package; (13) coordination with coverage under the HUSKY Plan, Part B; (14) 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; and (15) other issues pertaining to the development of a Medicaid Research and Demonstration Waiver under Section 1115 of the Social Security Act.
(c) The Commissioner of Social Services shall seek a federal waiver for the Medicaid managed care plan. Implementation of the Medicaid managed care plan shall not occur before July 1, 1995.
(d) The Commissioner of Social Services shall provide monthly reports on the plans and implementation of the Medicaid managed care system to the council.
(e) The council shall report its activities and progress once each quarter to the General Assembly.
(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.)
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, amended Subsec. (b) by adding Subdivs. (10) to (12) and replacing 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, amended Subsec. (b) by adding new Subdiv. (13) re coordination with coverage under the HUSKY Plan and made technical changes, effective October 30, 1997; P.A. 99-167 added new Subdiv. (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.
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Sec. 17b-28a. Waiver Application Development Council. Medicaid waiver unit. (a) There is established a Waiver Application Development Council that shall be composed of the following members: The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, or their designees; the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to human services, or their designees; the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health, or their designees; the Commissioner of Social Services, or his designee; the Commissioner of Public Health, or his designee; the Commissioner of Mental Health and Addiction Services, or his designee; the Commissioner of Mental Retardation, or his designee; the Secretary of the Office of Policy and Management, or his designee; the State Comptroller, or his designee; a representative of advocacy for mental retardation to be appointed by the president pro tempore of the Senate; a representative of advocacy for the elderly to be appointed by the majority leader of the Senate; a representative of the nursing home industry to be appointed by the minority leader of the Senate; a representative of the home health care industry, independent of the nursing home industry, to be appointed by the speaker of the House of Representatives; a representative of the mental health profession to be appointed by the majority leader of the House of Representatives; a representative of the substance abuse profession to be appointed by the minority leader of the House of Representatives; a health care provider to be appointed by the president pro tempore of the Senate; two elderly consumers of Medicaid services who are also eligible for Medicare, to be appointed by the speaker of the House of Representatives; a representative of the managed care industry, to be appointed by the president pro tempore of the Senate; a social services care provider, to be appointed by the majority leader of the House of Representatives; a family support care provider, to be appointed by the majority leader of the Senate; two persons with disabilities who are consumers of Medicaid services, one to be appointed by the president pro tempore of the Senate and one to be appointed by the minority leader of the House of Representatives; a representative of legal advocacy for Medicaid clients, to be appointed by the minority leader of the Senate; and six members of the General Assembly, one member appointed by the president pro tempore of the Senate; one member appointed by the majority leader of the Senate; one member appointed by the minority leader of the Senate; one member appointed by the speaker of the House of Representatives; one member appointed by the majority leader of the House of Representatives; and one member appointed by the minority leader of the House of Representatives. The council shall be responsible for advising the Department of Social Services, which shall be the lead agency in the development of a Medicaid Research and Demonstration Waiver under Section 1115 of the Social Security Act for application to the Office of State Health Reform of the United States Department of Health and Human Services by May 1, 1996. The council shall advise the department with respect to specific provisions within the waiver application, including but not limited to, the identification of populations to be included in a managed care program, a timetable for inclusion of distinct populations, expansion of access to care, quality assurance and grievance procedures for consumers and providers. The council shall also advise the department with respect to the goals of the waiver, including but not limited to, the expansion of access and coverage, making state health spending more efficient and to the reduction of uncompensated care.
(b) There is established a Medicaid waiver unit within the Department of Social Services for the purposes of developing the waiver under subsection (a) of this section. The Medicaid waiver unit's responsibilities shall include but not be limited to the following: (1) Administrating the Medicaid managed care program, established pursuant to section 17b-28; (2) contracting with and evaluating prepaid health plans providing Medicaid services, including negotiation and establishment of capitated rates; (3) assessing quality assurance information compiled by the federally required independent quality assurance contractor; (4) monitoring contractual compliance; (5) evaluating enrollment broker performance; (6) providing assistance to the Insurance Department for the regulation of Medicaid managed care health plans; and (7) developing a system to compare performance levels among prepaid health plans providing Medicaid services.
(P.A. 95-257, S. 7, 58; P.A. 96-268, S. 30, 34; June 18 Sp. Sess. P.A. 97-2, S. 114, 165; June 18 Sp. Sess. P.A. 97-8, S. 29, 88.)
History: P.A. 95-257, S. 7 effective July 1, 1995 (Revisor's note: A reference in Subsec. (b)(7) to "Department of Insurance" was changed editorially by the Revisors to "Insurance Department" for consistency with customary statutory usage); P.A. 96-268 added the chairpersons and ranking members of the committee having cognizance of matters relating to human services, or their designees, to the Waiver Application Development Council, effective July 1, 1996; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) by adding the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health, or their designees, the Commissioner of Social Services, or his designee, the Commissioner of Public Health, or his designee, the Commissioner of Mental Health and Addiction Services, or his designee, the Commissioner of Mental Retardation, or his designee, the Secretary of the Office of Policy and Management, or his designee, the State Comptroller, or his designee, a representative of advocacy for mental retardation to be appointed by the president pro tempore of the Senate, a representative of advocacy for the elderly to be appointed by the majority leader of the Senate, a representative of the nursing home industry to be appointed by the minority leader of the Senate, a representative of the home health care industry, independent of the nursing home industry, to be appointed by the speaker of the House of Representatives, a representative of the mental health profession to be appointed by the majority leader of the House of Representatives, a representative of the substance abuse profession to be appointed by the minority leader of the House of Representatives, a health care provider to be appointed by the president pro tempore of the Senate, two elderly consumers of Medicaid services who are also eligible for Medicare, to be appointed by the speaker of the House of Representatives, a representative of the managed care industry, to be appointed by the president pro tempore of the Senate, a social services care provider, to be appointed by the majority leader of the House of Representatives, a family support care provider to be appointed by the majority leader of the Senate, two person with disabilities who are consumers of Medicaid services, one to be appointed by the president pro tempore of the Senate and one to be appointed by the minority leader of the House of Representatives, and a representative of legal advocacy for Medicaid clients, to be appointed by the minority leader of the Senate to the Waiver Application Development Council and made conforming changes, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-8 deleted Subdiv. (6) in Subsec. (b) re provision of data to Connecticut Health Care Data Institute, renumbering remaining Subdivs. accordingly, effective July 1, 1997.
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On and after January 1, 1997, the Department of Social Services may award, on the basis of a competitive bidding procedure, contracts for Medicaid managed care health plans.
(P.A. 96-268, S. 29, 34.)
History: P.A. 96-268 effective July 1, 1996.
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Sec. 17b-28c. Application for a federal waiver for pilot program based on principles of national Program of All-Inclusive Care for the Elderly (PACE). The Commissioner of Social Services may submit an application for a federal waiver for the purpose of conducting a pilot program based on the principles of the national Program of All-Inclusive Care for the Elderly (PACE): (1) To provide comprehensive health care and care management services for elderly and disabled Medicaid recipients who may also be eligible for Medicare; and (2) to simplify eligibility for Medicaid. The program shall be designed to reduce costs and increase efficiency in the operation of the Medicaid program and to improve the coordination of health care benefits with the Medicare program. Under said program, the Commissioner of Social Services, in consultation with the Insurance Commissioner, may initially enter into contracts with integrated service networks which have successfully completed a feasibility study, in conjunction with a PACE technical assistance center, for the provision of comprehensive long-term health care and care management for participating Medicaid recipients on a prepayment or per capita basis. The Commissioner of Social Services may make payments on such basis to designated PACE sites from funds appropriated to the Medicaid account. The Commissioner of Social Services, in such contracts, may establish conditions necessary to operate such pilot program within available appropriations, including, but not limited to, requiring a nursing facility to reduce its number of beds in a certificate of networks shall emphasize the utilization of primary and community-based services to avoid utilization of institutional care. Eligible Medicaid recipients shall have a choice of enrolling in an integrated service network or receiving Medicaid covered services in a fee-for- service program, and no copays or a lower level of optional Medicaid state plan services than currently covered under fee-for-service Medicaid, shall be used to induce individuals to transfer into the networks.
(June 18 Sp. Sess. P.A. 97-2, S. 113, 165; P.A. 98-198, S. 2, 4.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-198 amended Subsec. (a) to (1) allow the commissioner to submit an application for a federal waiver for purpose of conducting a pilot program based on the principles of the national Program of All-Inclusive Care for the Elderly (PACE), in lieu of requiring commissioner to submit an application for a federal waiver for an 1115 research and demonstration program; (2) authorize commissioner to "initially" enter into contracts with integrated service networks which have successfully completed a feasibility study, in conjunction with a PACE technical assistance center, for provision of health care for Medicaid recipients; (3) authorize commissioner to make payments to designated PACE sites from funds appropriated to Medicaid account; (4) allow commissioner to establish conditions in such contracts necessary to operate such pilot program within available appropriations; and (5) eliminate provisions which specify what the program may include; and eliminated Subsecs. (b) and (c) in their entirety, effective June 8, 1998.
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Sec. 17b-28d. Amendment to state Medicaid plan to increase federal matching funds for Medicaid services provided to children requiring special education. The Commissioner of Social Services, in consultation with the Commissioner of Education, shall submit to the Health Care Financing Administration an amendment to the state Medicaid plan required by Title XIX of the Social Security Act to enhance federal financial participation for Medicaid services provided to Medicaid enrolled children requiring special education pursuant to an individualized education plan. The amendment shall propose (1) the establishment of either a simplified cost-based or fixed fee method of determining state expenditures for eligible Medicaid services provided to such children and (2) the replacement of the annual activity cost reports for all school- based child health services provided to such children. Any fixed fee established by the Department of Social Services shall be a per diem or monthly rate per child and shall reflect reimbursable administrative expenses.
(P.A. 98-239, S. 8, 35.)
History: P.A. 98-239 effective July 1, 1998.
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Not later than September 30, 2002, the Commissioner of Social Services shall submit an amendment to the Medicaid state plan to implement the provisions of public act 02-1 of the May 9 special session* concerning optional services under the Medicaid program. Said state plan amendment shall supercede any regulations of Connecticut state agencies concerning such optional services.
(May 9 Sp. Sess. P.A. 02-7, S. 104.)
*Public act 02-1 of the May 9 special session is entitled "An Act Concerning Adjustments to the State Budget for the Biennium ending June 30, 2003, State Revenues and Operating a Motor Vehicle while under the Influence of Intoxicating Liquor". (See Reference Table captioned "Public Acts of May 9, 2002" in Volume 16 which lists the sections amended, created or repealed by the act.)
History: May 9 Sp. Sess. P.A. 02-7 effective August 15, 2002.
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On and after July 1, 2002, each managed care subcontractor paying claims for mental health or dental care paid by a Medicaid managed care plan shall submit a report on a quarterly basis to the Commissioner of Social Services on the proportion and amount of its monthly payment received from the plan which has been (1) paid directly to providers of health services, and (2) used by the subcontractor for its own administrative costs and profit.
(P.A. 02-3, S. 6.)
History: P.A. 02-3 effective April 1, 2002.
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(a) There is established a council to monitor the implementation of the temporary family assistance program and the employment services program. The council shall be composed of the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to human services, or their designees, the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to labor, or their designees, one child care provider and one expert on child support enforcement, to be appointed by the president pro tempore of the Senate; one representative of advocacy groups, to be appointed by the majority leader of the Senate; two education and training specialists, one experienced in job training and one experienced in basic adult education, one to be appointed by the minority leader of the Senate and one to be appointed by the minority leader of the House of Representatives; one member of the public who is a current recipient of benefits under the temporary family assistance program, to be appointed by speaker of the House of Representatives; and two members, one experienced in higher education programs and one experienced in teenage pregnancy issues, to be appointed by the majority leader of the House of Representatives. The council shall elect a chairperson from among its members. The council shall convene its first meeting not later than September 1, 1997.
(b) Beginning September 1, 1997, and monthly thereafter, the Commissioner of Social Services and the Labor Commissioner shall update the council on the implementation of the temporary family assistance program and the employment services program. The council shall submit recommendations to the department regarding, but not limited to, the availability of quality child care and the provision of seamless child car