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Substitute Senate Bill No. 675

PUBLIC ACT NO. 96-268

AN ACT CONCERNING THE HUMAN SERVICES BUDGET IMPLEMENTATION.

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

Section 1. Subdivision (7) of subsection (b) of section 17b-112 of the general statutes, as amended by section 1 of public act 95-194, is repealed and the following is substituted in lieu thereof: (7) [Disregarding] TO DISREGARD earned income for a family subject to time limited benefits, pursuant to subdivision (1) of this subsection, up to the federal poverty level [;] AND TO RENDER a family exceeding such level [shall be] ineligible for aid to families with dependent children.

Sec. 2. Section 9 of public act 95-242 is repealed and the following is substituted in lieu thereof:

The child advocate shall have the following rights and powers: (1) To communicate privately by mail or orally with any child or family in treatment or under protective services; (2) To have access, including the right to inspect, copy and subpoena records held by the clerk of the Family Division of the Superior Court, law enforcement, agencies and institutions, public or private, and other agencies or persons with whom a particular child has been either voluntarily or otherwise placed for care, or has received treatment within the state; (3) To take whatever steps are appropriate to see that persons are made aware of the services of the [Child Advocate's Office] OFFICE OF THE CHILD ADVOCATE, its purpose and how it can be contacted; and (4) To apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities and private firms, individuals and foundations, for the purpose of carrying out his lawful responsibilities. The funds shall be deposited within the General Fund for ancillary funding of the [Child Advocate Office] OFFICE OF THE CHILD ADVOCATE.

Sec. 3. Subdivision (25) of subsection (a) of section 2c-2b of the general statutes is repealed and the following is substituted in lieu thereof: (25) The Commission on Children [and Youth] established under section 46a-126 AS AMENDED.

Sec. 4. Section 46a-126 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

There is established a Commission on Children [and Youth] consisting of sixteen voting members as follows: One cochairperson of each of the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health, education and judiciary appointed jointly by the majority leaders of the House of Representatives and the Senate; four members appointed by the Governor, including a lawyer and a pediatrician who are knowledgeable in issues concerning children, one person representing organized labor and one person representing all state agencies providing services to children; two members appointed by the president pro tempore of the Senate, including one person representing the interests of the municipalities and small towns and one person representing the business and corporate community; two members appointed by the speaker of the House of Representatives, including a person representing the education community and a mental health professional who is either a child psychologist, child psychiatrist or a social worker; two members appointed by the minority leader of the Senate, including a person representing a state-wide advocacy agency for children and a private citizen who has demonstrated an interest in children's issues; two members appointed by the minority leader of the House of Representatives, including a person representing a state-wide advocacy agency for children and a private citizen who has demonstrated an interest in children's issues; and nine nonvoting ex-officio members as follows: The Commissioners of Children and Families, Mental Retardation, Public Health, Education, Social Services and Corrections, the Secretary of the Office of Policy and Management, the Attorney General and the Chief Court Administrator. The commission shall be a legislative agency for administrative purposes only.

Sec. 5. Section 17b-242 of the general statutes, as amended by section 39 of public act 95-257 and section 14 of public act 95-351, is repealed and the following is substituted in lieu thereof:

The Department of Social Services shall determine the rates to be charged by home health care agencies AND HOMEMAKER-HOME HEALTH AIDE AGENCIES and the rates to be paid to such agencies by the state or any town in the state for persons aided or cared for by the state or any such town. For the period from February 1, 1991, to January 31, 1992, inclusive, payment for each service to the state shall be based upon the rate for such service as determined by the Office of Health Care Access, except that for those providers whose Medicaid rates for the year ending January 31, 1991, exceed the median rate, no increase shall be allowed. For those providers whose rates for the year ending January 31, 1991, are below the median rate, increases shall not exceed the lower of the prior rate increased by the most recent annual increase in the consumer price index for urban consumers or the median rate. In no case shall any such rate exceed the eightieth percentile of rates in effect January 31, 1991, nor shall any rate exceed the charge to the general public for similar services. Rates effective February 1, 1992, shall be based upon rates as determined by the Office of Health Care Access, except that increases shall not exceed the prior year's rate increased by the most recent annual increase in the consumer price index for urban consumers and rates effective February 1, 1992, shall remain in effect through June 30, 1993. Rates effective July 1, 1993, shall be based upon rates as determined by the Office of Health Care Access pursuant to the provisions of subsection (b) of section 19a-151, except if the Medicaid rates for any service for the period ending June 30, 1993, exceeds the median rate for such service, the increase effective July 1, 1993, shall not exceed one per cent. If the Medicaid rate for any service for the period ending June 30, 1993, is below the median rate, the increase effective July 1, 1993, shall not exceed the lower of the prior rate increased by one and one-half times the most recent annual increase in the consumer price index for urban consumers or the median rate plus one per cent. The Commissioner of Social Services shall establish a fee schedule for home health services to be effective on and after July 1, 1994. The commissioner may annually increase any fee in the fee schedule based on an increase in the cost of services. The fee schedule may be phased in over a two-year period during which no agency shall be paid for a service in an amount which varies by more than ten per cent from the payment made for the service in the preceding fiscal year. The commissioner may increase any fee payable to a home health care agency or homemaker-home health aide agency upon the application of such an agency evidencing extraordinary costs related to (1) serving persons with AIDS; (2) high-risk maternal and child health care; (3) escort services; or (4) extended hour services. In no case shall any rate or fee exceed the charge to the general public for similar services. A home health care agency or homemaker-home health aide agency which, due to any material change in circumstances, is aggrieved by a rate determined pursuant to this section may, within ten days of receipt of written notice of such rate from the Commissioner of Social Services, request in writing a hearing on all items of aggrievement. The commissioner shall, upon the receipt of all documentation necessary to evaluate the request, determine whether there has been such a change in circumstances and shall conduct a hearing if appropriate. The Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section. The commissioner may implement policies and procedures to carry out the provisions of this section while in the process of adopting regulations, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementing the policies and procedures. Such policies and procedures shall be valid for not longer than nine months.

Sec. 6. Subsection (a) of section 19a-490 of the general statutes, as amended by section 10 of public act 95-160, sections 12 and 21 of public act 95-257 and section 34 of public act 95-271, is repealed and the following is substituted in lieu thereof:

(a) "Institution" means a hospital, home for the aged, health care facility for the handicapped, nursing home, rest home, home health care agency, homemaker-home health aide agency, [access agency,] mental health facility, substance abuse treatment facility, an infirmary operated by an educational institution for the care of students enrolled, and faculty and employees of, such institution; a facility engaged in providing services for the prevention, diagnosis, treatment or care of human health conditions, including facilities operated and maintained by any state agency, except facilities for the care or treatment of mentally ill persons or persons with substance abuse problems; and a residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded.

Sec. 7. Section 14-45 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person holding a license for the operation of a motor vehicle issued by the commissioner shall notify the commissioner within forty-eight hours of any change of his address. The notification shall include his old address and his new address.

(b) IN IV-D SUPPORT CASES, AS DEFINED IN SUBDIVISION (14) OF SUBSECTION (b) OF SECTION 46b-231, UPON WRITTEN NOTIFICATION BY THE DEPARTMENT OF SOCIAL SERVICES THAT THE ADDRESS LISTED FOR THE HOLDER OF A MOTOR VEHICLE OPERATOR'S LICENSE IS INCORRECT, THE COMMISSIONER SHALL NOTIFY THE OPERATOR THAT THE CORRECT ADDRESS MUST BE FURNISHED TO THE DEPARTMENT. THE COMMISSIONER SHALL REFUSE TO ISSUE OR RENEW A MOTOR VEHICLE OPERATOR'S LICENSE IF THE ADDRESS FURNISHED BY THE APPLICANT IS DETERMINED TO BE INCORRECT. THE DEPARTMENT SHALL NOTIFY THE DEPARTMENT OF SOCIAL SERVICES OF THE CURRENT ADDRESS OF HOLDERS OF MOTOR VEHICLE OPERATOR'S LICENSES WHEN A CHANGE OF ADDRESS IS REPORTED.

[(b)](c) Failure OF THE HOLDER OF A MOTOR VEHICLE OPERATOR'S LICENSE to give the notice required by this section shall be an infraction.

Sec. 8. Section 31-2c of the general statutes, as amended by section 5 of public act 95-310, is repealed and the following is substituted in lieu thereof:

(a) Not later than thirty-five days after the date of employment, any employer maintaining an office or transacting business in this state shall report the name, address and social security number of each new employee employed in this state to the Labor Department by forwarding to said department a copy of the Connecticut income tax withholding or exemption certificate completed by such employee or by any other means prescribed by the Labor Commissioner. Each such report shall indicate the name, address and Connecticut tax registration number of the employer. Such information shall be transmitted in a format prescribed by the Labor Commissioner. Such information may be used by the commissioner in accordance with his powers and duties but shall be confidential and shall not be disclosed except as provided in [subsection] SUBSECTIONS (b) AND (d) of this section.

(b) On a biweekly basis, IN IV-D SUPPORT CASES, AS DEFINED IN SUBDIVISION (14) OF SUBSECTION (b) OF SECTION 46b-231, the Department of Social Services shall compile a list of CHILD SUPPORT obligors [who are delinquent on support payments pursuant to an order of support and the Department of Social Services] AND shall transmit such list to the Labor Department. The Labor [Commissioner] DEPARTMENT shall promptly identify any new employee who is such [a delinquent] AN obligor and said department shall transmit to the Department of Social Services the name, address and social security number of each such new employee and the name, address and Connecticut tax registration number of the employer.

(c) The Department of Social Services may notify an employer that a new employee is subject to a wage withholding order and of the obligation of such employer concerning such order.

(d) ON A BIWEEKLY BASIS, THE DEPARTMENT OF SOCIAL SERVICES SHALL COMPILE A LIST OF INDIVIDUALS WHO ARE RECEIVING PUBLIC ASSISTANCE UNDER THE AID TO FAMILIES WITH DEPENDENT CHILDREN, MEDICAID, FOOD STAMP, STATE SUPPLEMENT AND GENERAL ASSISTANCE PROGRAMS AND SHALL TRANSMIT SUCH LIST TO THE LABOR DEPARTMENT. THE LABOR DEPARTMENT SHALL PROMPTLY IDENTIFY ANY NEW EMPLOYEE WHO IS SUCH AN INDIVIDUAL AND SAID DEPARTMENT SHALL TRANSMIT TO THE DEPARTMENT OF SOCIAL SERVICES THE NAME, ADDRESS AND SOCIAL SECURITY NUMBER OF EACH SUCH NEW EMPLOYEE AND THE NAME, ADDRESS AND CONNECTICUT TAX REGISTRATION NUMBER OF THE EMPLOYER.

[(d)] (e) The Department of Social Services shall reimburse the Labor Department for any costs incurred in carrying out the provisions of this section, including the cost of providing a toll-free facsimile number for employers required to report pursuant to subsection (a) of this section. The Commissioner of Social Services and the Labor Commissioner shall enter into a purchase of service agreement which establishes procedures necessary for the administration of this section.

Sec. 9. Section 52-362 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section: (1) "Dependent" means a spouse, former spouse or child entitled to payments under a support order, provided the Support Enforcement Division of the Superior Court or the state acting under an assignment of a dependent's support rights or under an application for child support enforcement services shall, through an officer of the Support Enforcement Division or the Child Support Division of the Department of Social Services or an investigator of the Bureau of Collection Services or the Attorney General, take any action which the dependent could take to enforce a support order; (2) "Disposable earnings" means that part of the earnings of an individual remaining after deduction from those earnings of amounts required to be withheld for the payment of federal STATE AND LOCAL income [and] TAXES employment taxes, normal retirement contributions, union dues and initiation fees, and group life and health insurance premiums; (3) "Earnings" means any debt accruing to an obligor by reason of his personal services, including any compensation payable by an employer to an employee for such personal services whether denominated as wages, salary, commission, bonus or otherwise, including payments from retirement plans, and including unemployment compensation if a purchase of service agreement between the Commissioner of Social Services and the Labor Commissioner is in effect pursuant to subsection (e) of section 17b-179; (4) "Employer" means any person, including the Labor Commissioner, who owes earnings to an obligor; (5) "Obligor" means a person required to make payments under a support order; (6) "Support order" means a court order, or order of a family support magistrate including an agreement approved by a court or a family support magistrate, that requires the payment to a dependent of either current support payments, payments on an arrearage, or both; (7) "Unemployment compensation" means any compensation payable under chapter 567, including amounts payable by the administrator of the unemployment compensation law pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

(b) The Superior Court and any family support magistrate shall issue an order for withholding pursuant to this section against the earnings of an obligor to enforce a support order when the support order is entered or modified or when the obligor is before the court in an enforcement proceeding. The court shall order the withholding to be effective immediately or may, for cause or pursuant to an agreement by the parties, order a contingent withholding to be effective only on (1) the filing with the court or the assistant clerk of the Family Support Magistrate Division of an affidavit, sufficient under subsection (d) of this section, as to the obligor's delinquency or (2) an order of the court or a family support magistrate after a hearing pursuant to subsection (e) of this section. Before the court or family support magistrate issues an order for withholding which is effective immediately against an obligor who is before the court or a family support magistrate, it shall inform the obligor of the minimum amount of earnings which are exempt from withholding under state and federal law, of his right to claim any applicable state or federal exemptions with respect thereto and of his right to offer any evidence as to why a withholding order effective immediately should not issue. If the court or family support magistrate issues an order for withholding to be effective immediately against a nonappearing obligor, notice shall be served subsequently upon the obligor in accordance with section 52-57 or sent by certified mail, return receipt requested, to the obligor's last known address, informing him: (A) That a support order has been issued to be enforced by a wage withholding order, (B) that a wage withholding order has been issued effective immediately as part of the support order, (C) of the minimum amount of earnings exempt from withholding under state and federal law and of his right at the hearing on the support order to claim any other applicable state or federal exemptions with respect thereto, (D) of his right to a hearing, upon motion to the court, to offer any evidence as to why the withholding order effective immediately should not continue in effect, (E) of the amount of income received by him which formed the basis for the support order against him, and (F) of his right to move to modify the support order if his income has changed substantially or if the support order substantially deviates from the child support guidelines established pursuant to section 46b-215a.

(c) If an obligor is delinquent on support payments on any prior order of support in an amount greater than or equal to thirty days' obligation or a contingent wage withholding has been ordered, the dependent may cause a delinquency notice to be served on the obligor. The delinquency notice shall include a claim form and be in clear and simple language informing the obligor that (1) he is alleged to be delinquent under the support order in a specified amount and any additional amounts accruing until the effective date of the withholding order, (2) a withholding order will become effective against his earnings, which may include unemployment compensation, unless, within fifteen days, he requests a hearing before the court or family support magistrate, (3) at such hearing he may contest the claimed delinquency, seek modification of the withholding order, and claim any lawful exemption with respect to his earnings, (4) he has a right to seek modification of the support order by a proper motion filed with the court or family support magistrate, (5) the first one hundred [thirty-five] FORTY-FIVE dollars of disposable earnings per week are exempt, and (6) the amount of the withholding order may not exceed the maximum percentage of disposable earnings which may be withheld pursuant to Section 1673 of Title 15 of the United States Code, together with a statement of his right to claim any other applicable state or federal exemptions with respect thereto. The claim form shall contain a checklist identifying the most common defenses and exemptions such that the obligor may check any which apply to him and a space where the obligor may briefly explain his claim or request a modification of or raise a defense to the support order.

(d) If, within fifteen days of service of the delinquency notice, the obligor fails to request a hearing, the dependent may file with the court or assistant clerk of the Family Support Magistrate Division, a copy of the notice and an affidavit stating that: (1) The delinquency notice, including the claim form, was served in accordance with subsection (i) of this section on the obligor at least fifteen days before filing the affidavit, and (2) there was an amount past due equal to at least thirty days obligation at the time of notice which has not been fully paid. On receipt of the notice and affidavit, the clerk of the court or assistant clerk of the Family Support Magistrate Division shall ensure that such papers are in order and, without hearing, forthwith certify that the withholding order is in effect and issue any necessary process against the earnings of the obligor.

(e) An obligor may claim a defense based upon mistake of fact, an exemption in accordance with subsection (f) of this section with respect to the withholding order, or may file by motion a modification or defense to the support order to be enforced by the withholding, by delivering a signed claim form, or other written notice or motion, with his address thereon, indicating the nature of the claim or grounds of the motion, to the clerk of the Superior Court or the assistant clerk of the Family Support Magistrate Division within fifteen days of receipt of notice. If a claim or motion is filed, imposition of the withholding order shall be stayed until the claim or motion is decided by the court or a family support magistrate. On receipt of the claim or motion, the clerk shall promptly enter the appearance of the obligor, set the matter for a short calendar hearing, send a file-stamped copy of the claim or motion to the person or agency of the state to whom the support order is payable and notify all parties of the hearing date set. The court or family support magistrate shall promptly hear and determine the claim or motion and notify the obligor within forty-five days from the date of the delinquency notice of its determination. Unless the obligor successfully shows cause why the withholding order should not take effect, the court or family support magistrate shall order that the outstanding withholding order take effect against the nonexempt earnings of the obligor to the extent provided under subsection (f) of this section. The order shall be a final judgment for purposes of appeal. The effect of the withholding order shall not be stayed on appeal except by order of the court or a family support magistrate.

(f) A withholding order shall issue in the amount necessary to enforce a support order against only such nonexempt earnings of the obligor as exceed the greater of (1) the first one hundred [thirty-five] FORTY-FIVE dollars per week of disposable earnings, or (2) the amount exempt under Section 1673 of Title 15 of the United States Code, or against any lesser amount which the court or family support magistrate deems equitable. The withholding order shall secure payment of past and future amounts due under the support order and an additional amount equal to twenty per cent of the current order or ten dollars weekly, whichever is greater, to be applied toward liquidation of any arrearage accrued under such order, unless contested by the obligor after a delinquency notice has been served pursuant to subsection (c) of this section, in which case the court or family support magistrate may determine the amount to be applied toward the liquidation of the arrearage found to have accrued under prior order of the court or family support magistrate. On service of the order of withholding on an existing or any future employer, and until the support order is fully satisfied or modified, the order of withholding is a continuing lien and levy on the obligor's earnings as they become due.

(g) Commencing no later than the first pay period that occurs after fourteen days following the date of service of an order for withholding and within ten days of the date the obligor is paid thereafter, an employer shall pay sums withheld pursuant to the withholding order to the person in whose favor the withholding order was issued. When orders for withholding are payable to the [bureau of collection services] STATE ACTING BY AND THROUGH THE IV-D AGENCY, the employer (1) shall specify the dates on which each withholding occurred and the amount withheld for each obligor on each such date and (2) may combine all withheld amounts into a single payment to such [bureau of collection services] IV-D AGENCY with the portion thereof which is attributable to each individual employee being separately designated. If an employer fails to withhold from earnings due an employee pursuant to an order for withholding or fails to make those payments, he is liable to such person for the full amount of earnings not withheld since receipt of proper notice in an action therefor, and the amount secured in the action shall be applied by such person toward the arrearage owed by the obligor. Such employer shall be subject to a finding of contempt by the court or family support magistrate for failure to honor such order for withholding.

(h) All orders for withholding issued pursuant to this section shall take precedence over any execution issued pursuant to section 52-361 of the general statutes revised to 1983, or section 52-361a. Two or more orders for withholding may be levied concurrently under this section, but if the total levy in any week exceeds the maximum permitted under this section, all sums due shall be allocated by the employer giving priority in such allocation to current support.

(i) Service of any process under this section, including any delinquency notice, may be made in accordance with section 52-57, or by certified mail, return receipt requested. If service is made on behalf of the state, it may be made by an authorized employee of the Support Enforcement Division of the court, or by an investigator or other officer of the Child Support Division of the Department of Social Services or by an investigator of the Bureau of Collection Services or by the Attorney General.

(j) An applicant for employment or an employee subject to an order for withholding issued pursuant to this section shall have the same protection from discipline, suspension or discharge by an employer as provided in section 52-361a.

(k) There shall be a fine, of not more than one thousand dollars imposed on any employer who discharges from employment, refuses to employ, takes disciplinary action against or discriminates against an employee subject to an order for withholding issued pursuant to this section because of the existence of such order for withholding and the obligations or additional obligations which it imposes upon the employer.

(l) The employer shall notify promptly the dependent or the Support Enforcement Division as directed when the obligor terminates employment, makes a claim for workers' compensation benefits or makes a claim for unemployment compensation benefits and provide the obligor's last-known address and the name and address of the obligor's new employer, if known.

(m) The provisions of this section shall be in addition to and not in lieu of any other remedy available at law to enforce or punish for failure to obey a support order.

(n) When a support order is issued in another state and the obligor has income subject to withholding derived in this state, such income shall be subject to withholding in accordance with the provisions of this section, upon the registration of the support order in accordance with sections 46b-198, 46b-198a, 46b-198b and 46b-198c. At the request of the dependent or the state issuing the support order, the court or a family support magistrate in this state shall order an immediate or contingent order for withholding after first providing the obligor with notice and opportunity to be heard regarding defenses to the implementation of such order for withholding as provided in subsections (c), (d), (e) and (f) of this section.

(o) The IV-D agency shall insure prompt distribution of all money collected under this section.

(p) The judges of the Superior Court may adopt any rules they deem necessary to implement the provisions of this section and sections 46b-69a, 46b-178 and 52-361a and such judges, or their designee, shall prescribe any forms required to implement such provisions.

Sec. 10. (NEW) (a) On a quarterly basis, in IV-D support cases, as defined in subdivision (14) of subsection (b) of section 46b-231 of the general statutes, the Department of Social Services shall compile a list of child support obligors who have no visible earnings and shall transmit such list to the Department of Revenue Services. The Commissioner of Revenue Services shall promptly identify any such individuals who have any reported assets or income and transmit to the Department of Social Services the name, address and Social Security number of such individuals together with information on reported assets or income available for such individuals.

(b) The Commissioner of Social Services and the Commissioner of Revenue Services shall enter into a purchase of service agreement which establishes procedures necessary for the administration of subsection (a) of this section.

Sec. 11. Section 52-350a of the general statutes, as amended by section 175 of public act 95-79, is repealed and the following is substituted in lieu thereof:

For the purposes of this chapter and section 49-51, unless the context otherwise requires: (1) "Conspicuous" means conspicuous as defined in section 42a-1-201. (2) "Consumer debt or obligation" means a debt or obligation incurred primarily for personal, family or household purposes. (3) "Consumer judgment" means a money judgment of less than five thousand dollars against a natural person resulting from any consumer debt or obligation. (4) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required to be withheld for payment of federal income and employment taxes, normal retirement contributions, union dues and initiation fees, group life insurance premiums, health insurance premiums, federal tax levies, and state income tax deductions authorized pursuant to section 12-34b. (5) "Earnings" means any debt accruing by reason of personal services, including any compensation payable by an employer to an employee for such personal services, whether denominated as wages, salary, commission, bonus or otherwise. (6) "Employer" means any person owing a debt accruing to the judgment debtor by reason of personal services. (7) "Family support judgment" means a judgment, order or decree of the Superior Court OR A FAMILY SUPPORT MAGISTRATE for payment of a legal obligation for support or alimony to a spouse, former spouse or child and includes any such order for periodic payments whether issued pendente lite or otherwise. (8) "Financial institution" means a financial institution as defined in section 36a-41. (9) "Instalment payment order" means the fixing by the court of a sum to be paid periodically by the judgment debtor until satisfaction of a money judgment. (10) "Judgment creditor" means a person in whose favor a money judgment was rendered, or any person succeeding to such rights. (11) "Judgment debtor" means a person against whom a money judgment was rendered. (12) "Levying officer" means a sheriff, deputy sheriff or constable acting within his geographical jurisdiction OR IN IV-D CASES, ANY INVESTIGATOR EMPLOYED BY THE COMMISSIONER OF SOCIAL SERVICES. (13) "Money judgment" means a judgment, order or decree of the court calling in whole or in part for the payment of a sum of money, other than a family support judgment. Money judgment includes any such money judgment of a small claims session of the Superior Court [and] any foreign money judgment filed with the Superior Court pursuant to the general statutes AND IN IV-D CASES, OVERDUE SUPPORT IN THE AMOUNT OF FIVE HUNDRED DOLLARS OR MORE ACCRUING AFTER THE ENTRY OF AN INITIAL FAMILY SUPPORT JUDGMENT. (14) "Person" includes an individual, a partnership, an association, a limited liability company or a corporation. (15) "Postjudgment procedure" means any procedure commenced after rendition of a money judgment, seeking or otherwise involving a discovery procedure, a placing of a lien on property, a modification or discharge of a lien, a property execution under section 52-356a, a turnover order, an instalment payment order, a wage execution, a modification of a wage execution, a compliance order, a protective order or a determination of exemption rights. (16) "Property" means any real or personal property in which the judgment debtor has an interest which he could assign or transfer, including (A) any present or future right or interest, whether or not vested or liquidated, (B) any debt, whether due or to become due, and (C) any cause of action which could be assigned or transferred.

Sec. 12. Subsection (b) of section 52-367b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) If execution is desired against any such debt, the plaintiff requesting the execution shall notify the clerk of the court. IN A IV-D CASE, THE REQUEST FOR EXECUTION SHALL BE ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE LEVYING OFFICER ATTESTING TO AN OVERDUE SUPPORT AMOUNT OF FIVE HUNDRED DOLLARS OR MORE WHICH ACCRUED AFTER THE ENTRY OF AN INITIAL FAMILY SUPPORT JUDGMENT. If the papers are in order, the clerk shall issue such execution containing a direction that the officer serving the same shall, within seven days from the receipt by the officer of such execution, make demand (1) upon the main office of any banking institution having its main office within the county of such officer or (2) if such main office is not within such officer's county and such banking institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the banking institution in accordance with regulations adopted by the Commissioner of Banking in accordance with chapter 54, for payment of any such nonexempt debt due to the judgment debtor and, after having made such demand, shall serve a true and attested copy of the execution, together with the affidavit and exemption claim form prescribed by subsection (k) of this section, with his doings endorsed thereon, with the banking institution officer upon whom such demand is made.

Sec. 13. Subdivision (1) of subsection (f) of section 17b-340 of the general statutes, as amended by section 24 of public act 95-160 and sections 12, 21 and 39 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(1) Allowable costs shall be divided into the following five cost components: Direct costs, which shall include salaries for nursing personnel, related fringe benefits and nursing pool costs; indirect costs, which shall include professional fees, dietary expenses, housekeeping expenses, laundry expenses, supplies related to patient care, salaries for indirect care personnel and related fringe benefits; fair rent, which shall be defined in accordance with subsection (f) of section 17-311-52 of the regulations of Connecticut state agencies; capital-related costs, which shall include property taxes, insurance expenses, equipment leases and equipment depreciation; and administrative and general costs, which shall include maintenance and operation of plant expenses, salaries for administrative and maintenance personnel and related fringe benefits. THE COMMISSIONER MAY PROVIDE A RATE ADJUSTMENT FOR NONEMERGENCY TRANSPORTATION SERVICES REQUIRED BY NURSING FACILITY RESIDENTS. SUCH ADJUSTMENT SHALL BE A FIXED AMOUNT DETERMINED ANNUALLY BY THE COMMISSIONER BASED UPON A REVIEW OF COSTS AND OTHER ASSOCIATED INFORMATION. Allowable costs shall not include costs for ancillary services payable under Part B of the Medicare program.

Sec. 14. Section 13b-38n of the general statutes, as amended by sections 11, 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Transportation shall divide the state into transportation service regions based on any recognized or estimated traffic patterns of special transportation services in order to establish a regional framework for the planning and coordination of such services. On or before January 1, 1993, the commissioner shall designate three or more transportation service regions, established pursuant to this subsection, to participate in a pilot program for the coordination and brokerage of special transportation services.

(b) In each transit service region participating in the pilot program, the Commissioner of Transportation and the commissioner of the agency providing or funding the special transportation services shall contract with one or more transit districts in the region to serve as the broker of state and federal funding for special transportation services and to develop a plan for the coordination of such services. The Department of Social Services shall [enter into such contracts on or before July 1, 1992] BE EXEMPT FROM ENTERING INTO SUCH CONTRACTS FOR THE PROVISION OF SPECIAL TRANSPORTATION SERVICES. The Departments of Mental Health and Addiction Services and Mental Retardation shall enter into such contracts on or before July 1, 1993. All other state agencies identified as providing or funding special transportation services, pursuant to section 13b-38m, shall enter into such contracts on or before July 1, 1994. Prior to entering into any contract pursuant to this subsection, the Commissioner of Transportation shall consult with operators and consumers of special transportation services to obtain their recommendations on matters related to such contracts.

(c) On and after July 1, 1993, the Commissioner of Transportation and the commissioner of the agency providing or funding the special transportation service regions not participating in the pilot program established pursuant to subsection (a) of this section may contract with transit districts in transportation service regions to serve as a broker of state and federal funding for special transportation services and to develop a plan for the coordination of such services. On or before January 1, 1994, the Commissioner of Transportation shall designate a transit district in each transit service region not served by a broker to develop, with the assistance of any regional planning agency organized under the provisions of chapter 127, in such region, a plan for the coordination of special transportation services.

(d) In each transportation service region designated to be served by a broker under contract with the Department of Transportation, the commissioner shall establish an operations advisory committee composed of representatives of the regional planning agency, transit districts, contracting state agencies, Department of Public Health, operators and consumers of special transportation services to make recommendations for the development of plans and contracts and to review operating programs.

(e) Any transit district serving as a broker of special transportation services may contract with a municipality to provide transportation services to residents of that municipality. The Commissioner of Transportation may reimburse such municipalities, to the extent of appropriated funds, for any matching amounts required to obtain state or federal funds.

(f) For the purposes of this section "special transportation service" shall include, but not be limited to, transportation services for persons with disabilities or the elderly, transit services for persons receiving assistance pursuant to Title XIX and transportation services provided pursuant to the Americans with Disabilities Act of 1990.

(g) The provisions of this section shall not apply to vehicles furnishing emergency medical services, provided a state agency may include in the pilot program an emergency vehicle furnishing nonemergency medical services.

(h) NOTHING IN THIS SECTION SHALL PRECLUDE THE DEPARTMENT OF SOCIAL SERVICES FROM PURCHASING MEDICAL TRANSPORTATION SERVICES PURSUANT TO SECTION 17b-276.

Sec. 15. Section 17b-276 of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Social Services shall identify geographic areas of the state where competitive bidding for [medical] NONEMERGENCY transportation services provided to medical assistance recipients TO ACCESS COVERED MEDICAL SERVICES would result in cost savings to the state. For the identified areas the commissioner OF SOCIAL SERVICES, IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF PUBLIC HEALTH, AND THE SECRETARY OF THE OFFICE OF POLICY AND MANAGEMENT shall purchase [medical] SUCH NONEMERGENCY transportation services through a competitive bidding process [from providers who meet state licensure] ANY TRANSPORTATION PROVIDERS AWARDED A CONTRACT OR SUBCONTRACT FOR THE DIRECT PROVISION OF SUCH SERVICES SHALL MEET STATE LICENSURE OR CERTIFICATION requirements and the [medical] NONEMERGENCY transportation requirements established by the department OF SOCIAL SERVICES, and [who] SHALL provide the most cost effective [medical] transportation service PROVIDED ANY CONTRACTOR AWARDED A CONTRACT SOLELY FOR COORDINATING SUCH TRANSPORTATION SERVICES SHALL NOT BE REQUIRED TO MEET SUCH LICENSURE OR CERTIFICATION REQUIREMENTS AND PROVIDED THE FIRST SUCH CONTRACTS FOR THE PURCHASE OF SUCH SERVICES SHALL NOT EXCEED ONE YEAR. [The commissioner shall adopt regulations in accordance with the provisions of chapter 54 for purposes of the program and shall amend the state Medicaid plan as needed under Title XIX of the Social Security Act to maximize federal financial participation.] PRIOR TO AWARDING A CONTRACT PURSUANT TO THIS SECTION, THE COMMISSIONER OF SOCIAL SERVICES SHALL CONSIDER THE AFFECT OF THE CONTRACT ON THE EMERGENCY AMBULANCE PRIMARY SERVICE AREAS AND VOLUNTEER AMBULANCE SERVICES EFFECTED BY THE CONTRACT. THE COMMISSIONER MAY LIMIT THE GEOGRAPHIC AREAS TO BE SERVED BY A CONTRACTOR AND MAY LIMIT THE AMOUNT OF SERVICES TO BE PERFORMED BY A CONTRACTOR. The commissioner may operate one or more pilot programs prior to state-wide operation of a competitive bidding program for [medical] NONEMERGENCY transportation services. By enrolling in the Medicaid program OR PARTICIPATING IN THE COMPETITIVELY BID CONTRACT FOR NONEMERGENCY TRANSPORTATION SERVICES, providers of [medical] NONEMERGENCY transportation services agree to offer to recipients of medical assistance all types or levels of transportation services for which they are licensed or certified. Effective October 1, 1991, payment for such services shall be made only for services provided to an eligible recipient who is actually transported. A CONTRACT ENTERED INTO PURSUANT TO THIS SECTION MAY INCLUDE SERVICES PROVIDED BY ANOTHER STATE AGENCY. NOTWITHSTANDING ANY PROVISION OF THE GENERAL STATUTES, A CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL ESTABLISH THE RATES TO BE PAID FOR THE TRANSPORTATION SERVICES PROVIDED UNDER THE CONTRACT.

Sec. 16. Subsection (f) of section 17b-812 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section. The regulations shall establish maximum income eligibility guidelines for such rental assistance and criteria for determining the amount of rental assistance which shall be provided to eligible families and elderly persons PROVIDED, EFFECTIVE NOVEMBER 1, 1995, THE AMOUNT OF ASSISTANCE FOR ELDERLY PERSONS WHO ARE CERTIFICATE HOLDERS SHALL BE THE DIFFERENCE BETWEEN THIRTY PER CENT OF THEIR ADJUSTED GROSS INCOME, LESS A UTILITY ALLOWANCE, AND THE BASE RENT.

Sec. 17. Subsection (a) of section 17b-812 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Social Services shall implement and administer a program of rental assistance for low-income families living in privately-owned rental housing and elderly persons who reside in state-assisted rental housing for the elderly. For the purposes of this section, a low-income family is one whose income does not exceed [sixty] FIFTY per cent of the median family income for the area of the state in which such family lives, as determined by the commissioner.

Sec. 18. Section 4-216 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) [On and after July 1, 1994, no] NO state agency may execute a personal service agreement having a cost of more than fifty thousand dollars or a term of more than one year, without the approval of the secretary. A state agency may apply for an approval by submitting the following information to the secretary: (1) A description of the services to be purchased and the need for such services; (2) an estimate of the cost of the services and the term of the agreement; (3) whether the services are to be on-going; (4) whether the state agency has contracted out for such services during the preceding two years and, if so, the name of the contractor, term of the agreement with such contractor and the amount paid to the contractor; (5) whether any other state agency has the resources to provide the services; (6) whether the agency intends to purchase the services by competitive negotiation and, if not, why; and (7) whether it is possible to purchase the services on a cooperative basis with other state agencies. The secretary shall approve or disapprove an application within [ten] FIFTEEN business days after receiving it and any necessary supporting information, provided if the secretary does not act within such [ten-day] FIFTEEN-DAY period the application shall be deemed to have been approved.

(b) Each personal service agreement having a cost of more than fifty thousand dollars or a term of more than one year shall be based on competitive negotiation OR COMPETITIVE QUOTATIONS, unless the state agency purchasing the personal services applies to the secretary for a waiver from such requirement and the secretary grants the waiver in accordance with the guidelines adopted under subsection (a) of section 4-215.

Sec. 19. Section 4-219 of the general statutes is repealed and the following is substituted in lieu thereof:

[On and after July 1, 1994, no] NO state agency may, without the approval of the secretary, execute (1) an amendment to a personal service agreement, which [(1)] AGREEMENT HAS AN ORIGINAL COST OF MORE THAN FIFTY THOUSAND DOLLARS, OR (2) AN AMENDMENT TO ANY OTHER PERSONAL SERVICE AGREEMENT, WHICH AMENDMENT (A) has a cost of one hundred per cent or more of the cost of the original [contract or] AGREEMENT [(2)] (B) increases the cost of the [contract] AGREEMENT to more than fifty thousand dollars (C) EXTENDS THE TERMS OF THE AGREEMENT BEYOND A ONE-YEAR PERIOD OR (D) IS THE SECOND OR SUBSEQUENT AMENDMENT TO THE AGREEMENT. The secretary shall approve or disapprove a proposed amendment within [ten] FIFTEEN business days after receiving it and any necessary supporting information, provided if the secretary does not act within such [ten-day] FIFTEEN-DAY period the application shall be deemed to have been approved.

Sec. 20. Subsection (h) of section 17b-340 of the general statutes, as amended by public act 95-160, is repealed and the following is substituted in lieu thereof:

(h) For the fiscal year ending June 30, 1993, any home for the aged with an operating cost component of its rate in excess of one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall not receive an operating cost component increase. For the fiscal year ending June 30, 1993, any home for the aged with an operating cost component of its rate that is less than one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall have an allowance for real wage growth equal to sixty-five per cent of the increase determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, provided such operating cost component shall not exceed one hundred thirty per cent of the median of operating cost components in effect January 1, 1992. Beginning with the fiscal year ending June 30, 1993, for the purpose of determining allowable fair rent, a home for the aged with allowable fair rent less than the twenty-fifth percentile of the state-wide allowable fair rent shall be reimbursed as having allowable fair rent equal to the twenty-fifth percentile of the state-wide allowable fair rent. BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1997, A HOME FOR THE AGED WITH ALLOWABLE FAIR RENT LESS THAN THREE DOLLARS AND TEN CENTS PER DAY SHALL BE REIMBURSED AS HAVING ALLOWABLE FAIR RENT EQUAL TO THREE DOLLARS AND TEN CENTS PER DAY. PROPERTY ADDITIONS PLACED IN SERVICE DURING THE COST YEAR ENDING SEPTEMBER 30, 1996, OR ANY SUCCEEDING COST YEAR SHALL RECEIVE A FAIR RENT ALLOWANCE FOR SUCH ADDITIONS AS AN ADDITION TO THREE DOLLARS AND TEN CENTS PER DAY IF THE FAIR RENT FOR THE FACILITY FOR PROPERTY PLACED IN SERVICE PRIOR TO SEPTEMBER 30, 1995, IS LESS THAN OR EQUAL TO THREE DOLLARS AND TEN CENTS PER DAY. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the allowance for real wage growth as determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, shall not be applied. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the inflation adjustment made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies, shall not be applied to real property costs. BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1997, MINIMUM ALLOWABLE PATIENT DAYS FOR RATE COMPUTATION PURPOSES FOR A HOME FOR THE AGED WITH TWENTY-FIVE BEDS OR LESS SHALL BE EIGHTY-FIVE PER CENT OF LICENSED CAPACITY. BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1998, FOR THE PURPOSES OF DETERMINING THE ALLOWABLE SALARY OF AN ADMINISTRATOR OF A HOME FOR THE AGED WITH SIXTY BEDS OR LESS THE DEPARTMENT SHALL REVISE THE ALLOWABLE BASE SALARY TO THIRTY THOUSAND DOLLARS TO BE ANNUALLY INFLATED THEREAFTER IN ACCORDANCE WITH SECTION 17-311-52 OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES.

Sec. 21. Subsection (a) of section 17b-78 of the general statutes, as amended by section 8 of public act 95-194 and section 3 of public act 95-35, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, establishing mandatory standards for the granting of general assistance financial and medical assistance, including the level of financial assistance to be provided at the expense of the town in such cases, which shall be a maximum of three hundred dollars per month for a single employable person WHO IS NOT JOB-READY, AS DEFINED IN SECTION 17b-689, AS AMENDED BY SECTION 24 OF THIS ACT and a maximum of three hundred fifty dollars per month for a single unemployable person upon determination of his unemployability, subject to the provisions of section 17b-89 and subsection (b) of section 17b-104, AS AMENDED including the payment of medical bills for persons not receiving general assistance financial aid who are unable to pay such bills over a two-year period, by towns, including standards for investigation and eligibility and extent of need and procedures for record-keeping, including uniform application and billing forms to be used by medical providers as well as towns, and other office practices, and establishing time limits for the determination of eligibility for financial assistance and for the payment of medical bills for persons not receiving general assistance financial aid and for the payment of all medical assistance bills, all with the intent of aiding the towns and any districts established under section 17b-117 in the efficient administration of the laws relating to granting of general assistance financial and medical assistance. Such regulations shall include (1) an earned monthly gross income disregard of up to one hundred fifty dollars, (2) a requirement that each town distribute monthly financial assistance to each recipient at the general assistance office or through a central distribution location, except a town shall mail such assistance to a recipient who is incapacitated or residing outside such town, (3) a requirement for each recipient to present an identification card when receiving such assistance and (4) a prohibition against a town charging a fee for the distribution of such assistance. The commissioner shall inform the towns and such districts of the standards so established and shall advise and assist them in their application thereof. The commissioner may recommend regional areas within which he considers it reasonable for towns to join in the establishment of such districts, and may advise the towns therein of such recommendations and his reasons therefor.

Sec. 22. Section 17b-118 of the general statutes, as amended by section 9 of public act 95-194, is repealed and the following is substituted in lieu thereof:

(a) No assistance or care shall be given under sections 17b-19, 17b-115 to 17b-133, inclusive, AS AMENDED 17b-259, AS AMENDED 17b-263 and 17b-689 to 17b-693, inclusive, AS AMENDED to an employable person who has not registered with the nearest local employment agency of the labor department, has refused to accept a position for which he is fitted and which he is able to accept, or has refused to participate or wilfully failed to report for work in a work program or training or education program, pursuant to section 17b-689, AS AMENDED BY SECTION 24 OF THIS ACT by the town liable to support such person in accordance with sections 17b-116 AS AMENDED and 17b-134 AS AMENDED. The provisions of this section shall not apply to any person who cannot register with such employment agency because of being over sixty-five years of age, health or other disability as determined by the commissioner. On and after July 1, 1995, financial assistance granted under sections 17b-19, 17b-63 to 17b-65, inclusive, AS AMENDED 17b-115 to 17b-138, inclusive, AS AMENDED 17b-220 to 17b-250, inclusive, AS AMENDED 17b-256, 17b-259, AS AMENDED 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689 to 17b-693, inclusive, AS AMENDED and 17b-743 to 17b-747, inclusive, AS AMENDED to an employable person WHO IS NOT JOB-READY, AS DEFINED IN SECTION 17b-689, AS AMENDED BY SECTION 24 OF THIS ACT shall be limited to a twenty-four-month period of eligibility with no more than ten months of assistance in the first twelve months of eligibility and no more than six months of assistance in the second twelve months of eligibility. At the end of such twenty-four-month period of eligibility, an employable person WHO IS NOT JOB-READY may petition the commissioner every twelve months for a six-month extension of such eligibility for good cause, as determined by the commissioner. ON AND AFTER SEPTEMBER 1, 1996, NO SUCH FINANCIAL ASSISTANCE SHALL BE GRANTED TO AN EMPLOYABLE PERSON WHO IS JOB-READY, AS DEFINED IN SECTION 17b-689, AS AMENDED BY SECTION 24 OF THIS ACT, EXCEPT THOSE PERSONS OTHERWISE ELIGIBLE WITH DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE. AN EMPLOYABLE PERSON WHO IS JOB-READY SHALL BE REFERRED TO THE GRANT PROGRAM ADMINISTERED BY THE LABOR DEPARTMENT FOR SERVICES PROVIDED PURSUANT TO SECTION 27 OF THIS ACT. A person determined to be unemployable who is subsequently determined to be employable BUT NOT JOB-READY shall be eligible for the assistance provided to an employable person WHO IS NOT JOB-READY under the general assistance program from the date he is determined employable. Persons with dependent children under eighteen years of age eligible for assistance under sections 17b-19, 17b-63 to 17b-65, inclusive, AS AMENDED 17b-115 to 17b-138, inclusive, AS AMENDED 17b-220 to 17b-250, inclusive, AS AMENDED 17b-256, 17b-259, AS AMENDED 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, AS AMENDED 17b-689 to 17b-693, inclusive, AS AMENDED and 17b-743 to 17b-747, inclusive, AS AMENDED shall not be subject to the durational limits on assistance established pursuant to this section. The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection.

(b) Prior to or upon discontinuance of assistance, a person previously determined to be employable may petition the commissioner to review the determination of his employability. In such review, the commissioner shall consider factors, including but not limited to: (1) Age; (2) education; (3) vocational training; (4) mental and physical health; and (5) employment history and shall make a determination of such person's ability to obtain gainful employment. The commissioner shall notify the town providing assistance to such person of his determination. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish a standardized procedure of determining employability.

(c) NOTWITHSTANDING ANY PROVISION OF THE GENERAL STATUTES, WHEN AN EMPLOYABLE PERSON WHO IS INELIGIBLE FOR FINANCIAL ASSISTANCE DUE TO THE TIME LIMITS IMPOSED UNDER SUBSECTION (a) OF THIS SECTION, IS CURRENTLY IN OR ENTERS A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY, THE TOWN SHALL PAY HIS ROOM AND BOARD WHILE AT SUCH FACILITY AS AN EXPENSE REIMBURSABLE UNDER THE GENERAL ASSISTANCE PROGRAM BY THE DEPARTMENT OF SOCIAL SERVICES OR THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES, PROVIDED THE PERSON IS ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE. THE TOWN SHALL BE RESPONSIBLE FOR THESE COSTS UNTIL THE DATE UPON WHICH THE ADMINISTRATION OF THE GENERAL ASSISTANCE PROGRAM IS ASSUMED BY THE STATE OR IS OFFICIALLY DELEGATED TO A TOWN BY THE COMMISSIONER OF SOCIAL SERVICES, AT WHICH TIME THE DEPARTMENT OF SOCIAL SERVICES OR THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES SHALL ASSUME THESE COSTS. SUCH ASSISTANCE SHALL BE PAID DIRECTLY TO THE TREATMENT FACILITY AT A RATE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES OR NEGOTIATED BY THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES.

Sec. 23. Section 17b-257 of the general statutes, as amended by section 8 of public act 95-351, is repealed and the following is substituted in lieu thereof:

On and after July 1, 1998, the Commissioner of Social Services shall implement a state medical assistance program for persons ineligible for medical assistance under section 17b-107 or sections 17b-260 to 17b-262, inclusive, AS AMENDED 17b-264 to 17b-285, inclusive, AS AMENDED and 17b-357 to 17b-362, inclusive, AS AMENDED and on or before April 1, 1997, the commissioner shall implement said program in the towns in which the fourteen regional or district offices of the Department of Social Services are located. The commissioner shall establish a schedule for the transfer of recipients of medical assistance administered by towns under sections 17b-19, 17b-63 to 17b-65, inclusive, AS AMENDED 17b-115 to 17b-138, inclusive, AS AMENDED 17b-220 to 17b-250, inclusive, AS AMENDED 17b-256, 17b-259, AS AMENDED 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, AS AMENDED 17b-689 to 17b-693, inclusive, AS AMENDED and 17b-743 to 17b-747, inclusive, AS AMENDED to the state program. To the extent possible, the administration of the state medical assistance program shall parallel that of the Medicaid program as it is administered to recipients of aid to families with dependent children, including eligibility criteria concerning income and assets. Payment for medical services shall be made only for individuals determined eligible. The rates of payment for medical services shall be those of the Medicaid program. Medical services covered under the program shall be those covered under the Medicaid program, except long-term care and services available pursuant to a home and community-based services waiver under Section 1915 of the Social Security Act shall not be covered. EFFECTIVE JULY 1, 1997, THE COMMISSIONER SHALL IMPLEMENT A MANAGED CARE PROGRAM FOR MEDICAL SERVICES PROVIDED UNDER THIS PROGRAM, EXCEPT SERVICES PROVIDED PURSUANT TO SECTION 18 OF PUBLIC ACT 95-194.

Sec. 24. Subsection (c) of section 17b-689 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) For the purposes of this section and sections 17b-63, 17b-78, AS AMENDED BY SECTION 21 OF THIS ACT 17b-118, AS AMENDED BY SECTION 22 OF THIS ACT 17b-134 AS AMENDED and 17b-690, an "employable person" means one (1) who is sixteen years of age or older but less than sixty-five years of age; (2) who has no documented physical or mental impairment or who has such an impairment which is expected to last less than six months, as determined by the commissioner, prohibiting him from working or participating in an education, training or other work-readiness program; (3) who is required to register with the Labor Department, pursuant to section 17b-118; and (4) who is not in full-time attendance in high school. FOR THE PURPOSES OF SECTIONS 17b-63, 17b-78, AS AMENDED BY SECTION 21 OF THIS ACT, 17b-118, AS AMENDED BY SECTION 22 OF THIS ACT, 17b-134, AS AMENDED, AND 17b-690, AN "EMPLOYABLE PERSON WHO IS JOB-READY" MEANS A PERSON WHO (A) HAS BEEN EMPLOYED AT LEAST SIX MONTHS WITHIN THE LAST FIVE YEARS, (B) HAS A HIGH SCHOOL DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA, OR (C) HAS COMPLETED VOCATIONAL TRAINING. A PERSON WHO IS "EMPLOYABLE BUT NOT JOB-READY" MEANS A PERSON WHO MAY OTHERWISE BE JOB-READY BUT (i) HAS A PHYSICAL IMPAIRMENT AS DOCUMENTED BY A PHYSICIAN WHICH IS OF SUCH SEVERITY AS TO BE A SIGNIFICANT BARRIER TO EMPLOYMENT BUT NOT OF SUCH SEVERITY AND DURATION AS TO QUALIFY AS UNEMPLOYABLE; (ii) HAS A DOCUMENTED MENTAL IMPAIRMENT, INCLUDING SUBSTANCE ABUSE, WHICH IS OF SUCH SEVERITY AS TO BE A SIGNIFICANT BARRIER TO EMPLOYMENT BUT NOT OF SUCH SEVERITY AND DURATION AS TO QUALIFY AS UNEMPLOYABLE; OR (iii) HAS BEEN SUBJECT TO DOMESTIC VIOLENCE OR A CATASTROPHIC EVENT THE IMPACT OF WHICH PREVENTS THE PERSON FROM ENTERING EMPLOYMENT FOR AT LEAST SIXTY DAYS. NO PERSON SHALL BE DETERMINED EMPLOYABLE BUT NOT JOB-READY SOLELY DUE TO LACK OF TRANSPORTATION, LACK OF PROFICIENCY IN ENGLISH OR HOMELESSNESS, BUT MAY BE DETERMINED NOT JOB-READY IF LACKING TRANSPORTATION, LACKING PROFICIENCY IN ENGLISH AND HOMELESS. For the purposes of this section and sections 17b-134 AS AMENDED and 17b-690, an "unemployable person" means one (1) who is under sixteen years of age or sixty-five years of age or older or fifty-five years of age or older with a history of chronic unemployment; (2) who has a physical or mental impairment which is expected to last at least six months, as determined by the commissioner; (3) who is pending receipt of supplemental security income, social security income, or financial assistance through another program administered by the Department of Social Services; (4) who is needed to care for a child under two years of age or an incapacitated child or spouse; or (5) who is a full-time high school student. [A person who is a substance abuser without additional health problems or barriers to employment shall be deemed employable, but not job-ready. Such a person] A PERSON WHO IS A SUBSTANCE ABUSER shall be required to participate in treatment, including counseling, as part of his employability plan and shall be eligible for assistance while waiting for treatment.

Sec. 25. For the months of July and August 1996, towns administering the general assistance program shall provide a stipend of one hundred dollars per month to persons eligible for general assistance who are employable and job-ready. Such monthly stipends shall be deducted from the total amount of stipends available pursuant to the grant program established in section 27 of this act. Towns providing such stipends shall be eligible for reimbursement pursuant to section 17b-134, as amended. No such person shall be eligible for further financial assistance under the general assistance program during said months. For the purposes of this section, a person who is "employable and job-ready" means a person who (1) has been employed at least six months within the last five years, (2) has a high school diploma or a general equivalency diploma, or (3) has completed vocational training. For purposes of this section, a person who is "employable but not job-ready" means a person who may otherwise be job-ready but (A) has a physical impairment as documented by a physician which is of such severity as to be a significant barrier to employment but not of such severity and duration as to qualify as unemployable; (B) has a documented mental impairment, including substance abuse which is of such severity as to be a significant barrier to employment but not of such severity and duration as to qualify as unemployable; or (C) has been subject to domestic violence or a catastrophic event the impact of which prevents the person from entering employment for at least sixty days. No person shall be determined employable but not job-ready solely due to lack of transportation, lack of proficiency in English or homelessness, but may be determined not job-ready if lacking transportation, lacking proficiency in English and homeless.

Sec. 26. (NEW) The Commissioner of Social Services may implement the provisions of sections 21 to 25, inclusive, of this act while in the process of adopting policy and procedures in regulation form, provided notice of intention to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementation.

Sec. 27. (NEW) On and after September 1, 1996, the Labor Department shall administer, within available appropriations, a grant program for persons who otherwise meet the eligibility criteria for financial assistance under the general assistance program but are employable and job-ready, as defined in section 17b-689 of the general statutes, as amended by section 21 of this act. The Labor Department shall, through a town, group of towns, community-based organization or other provider participating in the program, provide an eligible, employable and job-ready person, as determined by the Department of Social Services or a town administering the general assistance program, with a stipend for one six-month period not to exceed six hundred dollars. The stipend shall be provided for the purpose of assisting with activities related to job placement. Provision of the stipend shall be contingent on the eligible person's participation in job-placement activities pursuant to this section. On and after July 1, 1995, no employable person as defined in section 17b-689, as amended by section 24 of this act, shall receive more than sixteen months of any combination of financial assistance under the general assistance program or stipends under the grant program established pursuant to this section. A grant may be awarded to a town or group of towns, community-based organization or other provider to provide the services and stipends established pursuant to this section. Each town or group of towns, community-based organization or other provider participating in the program shall, at least quarterly, send to the Labor Commissioner a statement of the cost of stipends expended pursuant to this section and such reports as the commissioner may require. The commissioner, upon satisfaction of the content of such statement, reports or proposals, shall, within available appropriations, reimburse or grant the town, group of towns or community-based organization or other provider for such costs. The Labor Department shall adopt regulations in accordance with chapter 54 of the general statutes, as are necessary to carry out the purposes of this section, but may implement the program while in the process of adopting policy and procedures in regulation form, provided notice of intention to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementation.

Sec. 28. Section 17b-694 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Labor Commissioner, in consultation with the Commissioners of Social Services and Mental Health, shall administer a grant program, within available appropriations, to fund employment placement projects for recipients of general assistance AND RECIPIENTS OF STIPENDS ISSUED PURSUANT TO THE GRANT PROGRAM ADMINISTERED BY THE LABOR DEPARTMENT, ESTABLISHED IN SECTION 27 OF THIS ACT. A grant may be awarded to (1) a municipality or group of towns which form a region based on a project plan providing education, training or other assistance in securing employment or (2) a private substance abuse or mental health services provider based on a project plan incorporating job placement in the treatment process. A plan may include cash incentives as a supplement to wages for recipients who work.

(b) In order to receive funding, a project plan shall be submitted to the commissioner no later than August first, annually. Funds shall be disbursed by the commissioner no later than September first, annually. Projects shall be funded based on the number of recipients to be served and the level of services to be provided.

Sec. 29. (NEW) 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.

Sec. 30. Subsection (a) of section 7 of public act 95-257 is repealed and the following is substituted in lieu thereof:

(a) There is established a Waiver Application Development Council that shall be composed of the following members: The chairpersons and ranking members of the committee having cognizance of matters relating to appropriations, or their designees; THE CHAIRPERSONS AND RANKING MEMBERS OF THE COMMITTEE HAVING COGNIZANCE OF MATTERS RELATING TO HUMAN SERVICES, OR THEIR DESIGNEES [4m; [0m and six members of the General Assembly, one member appointed by the president pro tempore of the Senate; one member appointed by the a 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.

Sec. 31. Section 9 of public act 95-351 is repealed and the following is substituted in lieu thereof:

Notwithstanding the provisions of section 17b-135, a town shall be responsible for [the full cost of general assistance] ONE HUNDRED PER CENT OF THE COST OF FINANCIAL ASSISTANCE PROVIDED PURSUANT TO THE GENERAL ASSISTANCE PROGRAM AND THIRTY THREE PER CENT OF THE COST OF MEDICAL ASSISTANCE PROVIDED PURSUANT TO THE GENERAL ASSISTANCE PROGRAM for the quarter immediately preceding the quarter in which the state implements the administration of the general assistance program for the residents of such town.

Sec. 32. During the fiscal year ending June 30, 1997, funds in an amount agreed to by the Department of Social Services and the Labor Department shall be transferred from the appropriation to the Department of Social Services to the appropriation to the Labor Department, for stipends issued pursuant to the grant program established in section 27 of this act.

Sec. 33. (a) The unexpended balance of the funds appropriated to the Department of Social Services in section 1 of special act 95-12, for the hospital assistance program, shall not lapse on June 30, 1996, and shall continue to be available for expenditure during the fiscal year ending June 30, 1997.

(b) The unexpended balance of the funds appropriated to the Department of Social Services in section 1 of public act 93-80, as amended by section 1 of public act 94-1 of the May special session, and carried forward by section 30 of said public act 94-1 and section 62 of special act 95-12, for a nursing home data base, shall not lapse on June 30, 1996, and shall continue to be available for expenditure during the fiscal year ending June 30, 1997.

(c) Up to $6,000,000 appropriated to the Department of Social Services for the fiscal year ending June 30, 1995, and carried forward by section 65 of special act 95-12, for emergency assistance to families, shall not lapse on June 30, 1996, and shall continue to be available for expenditure during the fiscal year ending June 30, 1997.

(d) The unexpended balance of the funds made available to the Department of Mental Health and Addiction Services by the finance advisory committee, for general assistance projects, shall not lapse on June 30, 1996, and shall continue to be available for expenditure during the fiscal year ending June 30, 1997.

Sec. 34. This act shall take effect July 1, 1996.

Approved June 12, 1996. Effective July 1, 1996.

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