CHAPTER 319bb
SERVICES FOR THE ELDERLY

Sec. 17b-420. Commission on Aging. Established. Membership. Report to Governor. Duties. (a) There is established a Commission on Aging to advocate on behalf of elderly persons on issues and programs of concern to the elderly including, but not limited to, health care, nutrition, housing, employment, transportation, legal assistance and economic security. The commission shall be composed of eleven voting members who are knowledgeable about areas of interest to the elderly to be appointed as follows: Five by the Governor, one by the president pro tempore of the Senate, one by the speaker of the House of Representatives, one by the majority leader of the Senate, one by the majority leader of the House of Representatives, one by the minority leader of the Senate and one by the minority leader of the House of Representatives. The initial appointments to the commission shall be made by August 15, 1993. The initial term for three of the members appointed by the Governor and the members appointed by the president pro tempore of the Senate, majority leader of the House of Representatives and minority leader of the Senate shall expire August 15, 1997, and the initial term for two of the members appointed by the Governor and the members appointed by the speaker of the House of Representatives, majority leader of the Senate and minority leader of the House of Representatives shall expire August 15, 1995. Thereafter, all members shall be appointed for a term of four years from August fifteenth in the year of their appointment. Members shall be limited to two consecutive terms. The commission shall include the following ex-officio nonvoting members: The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters concerning the provision of services to the elderly and the Commissioners of Social Services, Public Health, Mental Health and Addiction Services, Mental Retardation, Economic and Community Development and Transportation, the Insurance Commissioner and the Labor Commissioner. The chairperson of the commission shall be selected by the Governor. Members of the commission shall receive no compensation for their services, but shall be reimbursed for any necessary expenses incurred in the performance of their duties. The Commissioner of Social Services shall convene the initial organizational meeting of the Commission on Aging on or before September 1, 1993.
(b) The Commission on Aging shall: (1) Prepare and issue an annual report to the Governor, General Assembly and the legislative body of each municipality in the state on its findings and recommendations concerning services for the elderly in the state; (2) conduct annual public hearings on issues affecting the well-being of the elderly in the state; (3) meet at least monthly with the commissioner and the head of the Division of Elderly Services of the Department of Social Services to review and comment on the policies and procedures of the department concerning the elderly; (4) review and comment on the budget of the Division of Elderly Services of the Department of Social Services; (5) meet as needed with state officials to discuss issues affecting the elderly; (6) conduct studies and report on issues affecting the elderly; and (7) disseminate information to the business community, education community, state and local governments and the media on the nature and scope of the problems faced by the elderly. The commission may accept any gifts, donations or bequests for any of the purposes of this section.
(c) There shall be an executive director of the Commission on Aging who shall be appointed by the commission. There may be additional staff within available appropriations. The commission shall be within the Department of Social Services for administrative purposes only.
(P.A. 93-262, S. 5, 87; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-250, S. 1; 95-257, S. 11, 12, 21, 58.)
History: P.A. 93-262 effective July 1, 1993; P.A. 93-381 and P.A. 93-435 authorized substitution of commissioner and department of public health and addiction services for commissioner and department of health services and executive director of Connecticut alcohol and drug abuse commission, effective July 1, 1993; P.A. 95-250 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95- 257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995 (Revisor's note: In Subsec. (a), references to "Commissioner of Insurance" and "Commissioner of Labor" were replaced editorially by the Revisors with "Insurance Commissioner" and "Labor Commissioner" for consistency with customary statutory usage and minor changes in wording were made to accommodate the changes).
See Sec. 4-38f for definition of "administrative purposes only".

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The state shall be divided into five elderly planning and service areas, in accordance with federal law and regulations, each having an area agency on aging to carry out the mandates of the federal Older Americans Act of 1965, as amended. The area agencies shall (1) represent elderly persons within their geographic areas, (2) develop an area plan for approval by the Department of Social Services and upon such approval administer the plan, (3) coordinate and assist local public and nonprofit, private agencies in the development of programs, (4) receive and distribute federal and state funds for such purposes, in accordance with applicable law, (5) carry out any additional duties and functions required by federal law and regulations.
(P.A. 83-89, S. 2; P.A. 86-368, S. 1, 5; P.A. 93-262, S. 1, 87.)
History: P.A. 86-368 specified the number of planning and service areas for the elderly to be five; Sec. 17-136g transferred to Sec. 17a-304 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-304 transferred to Sec. 17b-421 in 1995.

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Sec. 17b-422. (Formerly Sec. 17a-305). Allocation of funds. Review. Voluntary fee for meals. (a) The state Department of Social Services shall equitably allocate, in accordance with federal law, federal funds received under Title IIIB and IIIC of the Older Americans Act to the five area agencies on aging established pursuant to section 17b-421. The department, before seeking federal approval to spend any amount above that allotted for administrative expenses under said act, shall inform the joint standing committee of the General Assembly having cognizance of matters relating to human services that it is seeking such approval.
(b) Sixty per cent of the state funds appropriated to the five area agencies on aging for elderly nutrition and social services shall be allocated in the same proportion as allocations made pursuant to subsection (a) of this section. Forty per cent of all state funds appropriated to the five area agencies on aging for elderly nutrition and social services used for purposes other than the required nonfederal matching funds shall be allocated at the discretion of the Commissioner of Social services, in consultation with the area agencies on aging, based on their need for such funds. Any state funds appropriated to the five area agencies on aging for administrative expenses shall be allocated equally.
(c) The state Department of Social Services in consultation with the five area agencies on aging shall review the method of allocation set forth in subsection (a) and shall report any findings or recommendations to the joint standing committees on appropriations and human services.
(d) An area agency may request a person participating in the elderly nutrition program to pay a voluntary fee for meals furnished except that no eligible person shall be denied a meal due to an inability to pay such fee.
(P.A. 86-368, S. 2, 3, 5; P.A. 88-301, S. 1, 2; P.A. 92-230, S. 1; P.A. 93-262, S. 1, 87.)
History: P.A. 88-301 changed the formula for the allocation of state funds in Subsec. (b) and added Subsec. (d) allowing an area agency to request a voluntary fee for meals furnished; Sec. 17-136h transferred to Sec. 17a-305 in 1991; P.A. 92- 230 amended Subsec. (a) by deleting formula for allocation of federal funds and substituting requirement that funds be allocated equitably between the five area agencies on aging and amended Subsecs. (b) and (c) for consistency; P.A. 93- 262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-305 transferred to Sec. 17b-422 in 1995.

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Sec. 17b-423. (Formerly Sec. 17a-306). Community services policy manual. Regulations. (a) The state Department of Social Services by July 1, 1987, shall prepare and routinely update a community services policy manual. The pages of such manual shall be consecutively numbered and indexed, containing all departmental policy regulations and substantive procedure. Said manual shall be published by the department and distributed so that it is available to all district, subdistrict and field offices of the state Department of Social Services. The state Department of Social Services shall adopt such policy manual in regulation form in accordance with the provisions of chapter 54. The department may operate under any new policy necessary to conform to a requirement of a federal or joint state and federal program. The department may operate under any new policy while it is in the process of adopting the policy in regulation form, provided the state 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) The state Department of Social Services shall write the community services policy manual using plain language as described in section 42-152. The manual shall include an index for frequent referencing and a separate section or manual which specifies procedures to follow to clarify policy.
(P.A. 86-368, S. 4, 5; P.A. 93-262, S. 1, 87.)
History: Sec. 17-136i transferred to Sec. 17a-306 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-306 transferred to Sec. 17b-423 in 1995.

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The Commissioner of Social Services shall establish an adult foster care program which shall provide room, board and personal care services in a home or substantially equivalent environment to elderly persons who volunteer and may otherwise be placed in a nursing home or who are inappropriately institutionalized. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to administer this program.
(P.A. 93-212, S. 1, 2; 93-262, S. 1, 87; 93-435, S. 59, 95.)
History: P.A. 93-212 effective June 23, 1993; P.A. 93-262 and 93-435 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993.

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Sec. 17b-425. (Formerly Sec. 17a-310). State grants for community services and programs for the elderly. The Department of Social Services may make a grant to any city, town or borough or public or private agency, organization or institution for the following purposes: (a) For community planning and coordination of programs carrying out the purposes of the Older Americans Act of 1965, as amended; (b) for demonstration programs or activities particularly valuable in carrying out such purposes; (c) for training of special personnel needed to carry out such programs and activities; (d) for establishment of new or expansion of existing programs to carry out such purposes, including establishment of new or expansion of existing centers of service for elderly persons, providing recreational, cultural and other leisure time activities, and informational, transportation, referral and preretirement and postretirement counseling services for elderly persons and assisting such persons in providing volunteer community or civic services, except that no costs of construction, other than for minor alterations and repairs, shall be included in such establishment or expansion; (e) for programs to develop or demonstrate approaches, methods and techniques for achieving or improving coordination of community services for elderly or aging persons and such other programs and services as may be allowed under Title III of the Older Americans Act of 1965, as amended, or to evaluate these approaches, techniques and methods, as well as others which may assist elderly or aging persons to enjoy wholesome and meaningful living and to continue to contribute to the strength and welfare of the state and nation.
(1967, P.A. 883, S. 1; 1969, P.A. 814, S. 13; P.A. 75-474, S. 7, 10; P.A. 93-262, S. 1, 87.)
History: 1969 act replaced commission on services for elderly persons with department on aging; P.A. 75-474 allowed grants to private agencies; Sec. 17-137c transferred to Sec. 17a-310 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-310 transferred to Sec. 17b-425 in 1995.

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The Department of Social Services may use moneys appropriated for the purposes of section 17b-425 for the expenses of administering the grant program under said section, provided the total of such moneys so used shall not exceed five per cent of the moneys so appropriated.
(1967, P.A. 883, S. 5; 1969, P.A. 814, S. 16; P.A. 92-230, S. 2; P.A. 93-262, S. 1, 87.)
History: 1969 act replaced commission on services for elderly persons with department on aging; Sec. 17-137f transferred to Sec. 17a-313 in 1991; P.A. 92-230 deleted references to repealed sections; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-313 transferred to Sec. 17b-426 in 1995.

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Sec. 17b-427. (Formerly Sec. 17a-314). CHOICES health insurance assistance program. Definitions. Requirements. Reports. Responsibilities of hospitals re Medicare patients. (a) As used in this section:
(1) "CHOICES" means Connecticut's programs for health insurance assistance, outreach, information and referral, counseling and eligibility screening;
(2) "CHOICES health insurance assistance program" means the federally recognized state health insurance assistance program funded pursuant to P.L. 101-508 and administered by the Department of Social Services, in conjunction with the area agencies on aging and the Center for Medicare Advocacy, that provides free information and assistance related to health insurance issues and concerns of older persons and other Medicare beneficiaries in Connecticut; and
(3) "Medicare organization" means any corporate entity or other organization or group that contracts with the federal Health Care Financing Administration to provide health care services to Medicare beneficiaries in this state as an alternative to the traditional Medicare fee-for-service plan.
(b) The Department of Social Services shall administer the CHOICES health insurance assistance program, which shall be a comprehensive Medicare advocacy program that provides assistance to Connecticut residents who are Medicare beneficiaries. The program shall: (1) Maintain a toll-free telephone number to provide advice and information on Medicare benefits, the Medicare appeals process and other health insurance matters applicable to Medicare beneficiaries at least five days per week during normal business hours; (2) provide information, advice and representation, where appropriate, concerning the Medicare appeals process, by a qualified attorney or paralegal at least five days per week during normal business hours; (3) prepare and distribute written materials to Medicare beneficiaries, their families, senior citizens and organizations regarding Medicare benefits; (4) develop and distribute a Connecticut Medicare consumers guide, after consultation with the Insurance Commissioner and other organizations involved in servicing, representing or advocating for Medicare beneficiaries, which shall be available to any individual, upon request, and shall include: (A) Information permitting beneficiaries to compare their options for delivery of Medicare services; (B) information concerning the Medicare plans available to beneficiaries, including the traditional Medicare fee-for-service plan and the benefits and services available through each plan; (C) information concerning the procedure to appeal a denial of care and the procedure to request an expedited appeal of a denial of care; (D) information concerning private insurance policies and federal and state-funded programs that are available to supplement Medicare coverage for beneficiaries; (E) a worksheet for beneficiaries to use to evaluate the various plans; and (F) any other information the program deems relevant to beneficiaries; and (5) include any functions the department deems necessary to conform to federal grant requirements.
(c) The Insurance Commissioner, in cooperation with, or on behalf of, the Commissioner of Social Services, may require each Medicare organization to: (1) Annually submit to the commissioner any data, reports or information relevant to plan beneficiaries; and (2) at any other times at which changes occur, submit information to the commissioner concerning current benefits, services or costs to beneficiaries. Such information may include information required under section 38a-478c.
(d) Each Medicare organization that fails to file the annual data, reports or information requested pursuant to subsection (c) of this section shall pay a late fee of one hundred dollars per day for each day from the due date of such data, reports or information to the date of filing. Each Medicare organization that files incomplete annual data, reports or information shall be so informed by the Insurance Commissioner, shall be given a date by which to remedy such incomplete filing and shall pay said late fee commencing from the new due date.
(e) Not later than June 1, 2001, and annually thereafter, the Insurance Commissioner, in conjunction with the Managed Care Ombudsman, shall submit to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to human services and insurance and to the select committee of the General Assembly having cognizance of matters relating to aging, a list of those Medicare organizations that have failed to file any data, reports or information requested pursuant to subsection (c) of this section.
(f) All hospitals, as defined in section 19a-490, which treat persons covered by Medicare Part A shall: (1) Notify incoming patients covered by Medicare of the availability of the services established pursuant to subsection (b) of this section, (2) post or cause to be posted in a conspicuous place therein the toll-free number established pursuant to subsection (b) of this section, and (3) provide each Medicare patient with the toll- free number and information on how to access the CHOICES program.
(P.A. 89-135, S. 1, 6; P.A. 93-262, S. 1, 87; P.A. 01-39, S. 1, 3.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-314 transferred to Sec. 17b-427 in 1995; P.A. 01-39 added new Subsec. (a) defining "CHOICES", "CHOICES health insurance assistance program" and "Medicare organization", redesignated existing Subsec. (a) as Subsec. (b) and amended by adding requirements that department administer the CHOICES health insurance assistance program, that program maintain a toll-free telephone number to provide advice and information on other health insurance matters applicable to Medicare beneficiaries at least five days per week during normal business hours, that program provide information, advice and representation concerning Medicare appeals process by a qualified attorney or paralegal, that program develop and distribute a Connecticut Medicare consumers guide, and that program include any functions department deems necessary to conform to federal grant requirements, added Subsec. (c) allowing Insurance Commissioner to require each Medicare organization to submit information, added Subsec. (d) re payment of late fees, added Subsec. (e) requiring Insurance Commissioner to submit an annual list of Medicare organizations that fail to file information and redesignated existing Subsec. (b) as Subsec. (f) and amended by changing internal references for consistency with section and making technical changes, effective May 31, 2001.

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Section 17b-427a is repealed, effective May 31, 2001.
(P.A. 99-177, S. 1, 2; P.A. 01-39, S. 2, 3.)

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(a) As used in this section:
(1) "Commissioner" means the Commissioner of Social Services;
(2) "Eligible individual" means "PACE program eligible individual", as defined in Subtitle I of Public Law 105-33, as amended from time to time, or in a waiver application approved by the United States Department of Health and Human Services;
(3) "PACE program" means "PACE program", as defined in Subtitle I of Public Law 105-33, as amended from time to time, and includes a program of all-inclusive care for the elderly;
(4) "PACE program agreement" means "PACE program agreement", as defined in Subtitle I of Public Law 105-33, as amended from time to time;
(5) "PACE provider" means "PACE provider", as defined in Subtitle I of Public Law 105-33, as amended from time to time;
(6) "Secretary" means the Secretary of the United States Department of Health and Human Services;
(7) "State administering agency" means "state administering agency", as defined in Subtitle I of Public Law 105-33, as amended from time to time.
(b) Not later than July 1, 1998, the commissioner shall establish a pilot program in which PACE providers deliver PACE program services to eligible individuals in this state pursuant to a PACE program agreement. Under said program, the commissioner, 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 PACE program services.
(c) The Department of Social Services shall be the state administering agency for the state of Connecticut responsible for administering PACE program agreements in this state. The department, upon request, shall assist the secretary in establishing procedures for entering into, extending and terminating PACE program agreements for the operation of PACE programs by PACE providers in this state.
(d) The commissioner shall provide medical assistance under this section for PACE program services to eligible individuals who are eligible for medical assistance in this state and enrolled in a PACE program under a PACE program agreement. The commissioner shall seek any waiver from federal law necessary to permit federal participation for Medicaid expenditures for PACE programs in this state.
(e) The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.
(P.A. 98-198, S. 1, 4.)
History: P.A. 98-198 effective June 8, 1998.

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Sec. 17b-429. Information on pharmaceutical drug programs for indigent persons. The Commissioner of Social Services shall, within available appropriations, make information available to senior citizens and disabled persons concerning any pharmaceutical company's drug program for indigent persons by utilizing the ConnPACE program, the CHOICES health insurance counseling and assistance program, as defined in section 17b-427a, and Infoline of Connecticut to deliver such information.
(June Sp. Sess. P.A. 01-9, S. 104, 131.)
History: June Sp. Sess. P.A. 01-9 effective July 1, 2001.

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Reserved for future use.

Note: Chapter 319cc is also reserved for future use.

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