October 24, 2011
Proposed DDS Legislation for the 2012 Legislative Session (in priority order):
- An Act Concerning Coverage for the Birth to Three Program.
- An Act Concerning the Release or Placement of a Defendant Who Will Not Attain Competency.
- An Act Concerning Reporting Requirements and Technical Changes to Statutes Governing the Department of Developmental Services.
Please contact Christine Pollio Cooney, Director of Legislative and Executive Affairs at 418-6066 or ith any questions regarding these proposals.
Agency Legislative Proposal - 2012 Session
Document Name(e.g. OPM1015Budget.doc; OTG1015Policy.doc): DDS102411B23insurance.doc(If submitting an electronically, please label with date, agency, and title of proposal – 092611_SDE_TechRevisions)
State Agency: Dept. of Developmental Services (DDS)Liaison: Christine Cooney
Phone: 860.418.6066
E-mail:
Lead agency division requesting this proposal: Birth to Three (B23)
Agency Analyst/Drafter of Proposal: Linda Goodman, B23 Director w/ Christine Cooney
Title of Proposal
AAC Coverage for the Birth to Three Program
Statutory Reference
38a-516a & 38a-490a
Proposal Summary
The Individuals with Disabilities Education Act (IDEA) requires each state to show “maintenance of effort” and the IDEA describes that as the state spending as much or more from state and local funds for early intervention in one year as it did in the previous year. The definition of “state and local” has always excluded commercial insurance.
So, in the new federal regulations there’s a new provision that says the following (most important part in BOLD):
Section 303.520 Policies related to use of public benefits or insurance or private insurance to pay for Part C services
(b)(2) The parental consent requirement in paragraph (b)(1) of this section do not apply if the State has enacted a State statute regarding private health insurance coverage for early intervention services under Part C of the Act, that expressly provides that---
(i)The use of private health insurance to pay for Part C services cannot count towards or result in a loss of benefits due to the annual or lifetime health insurance coverage caps for the infant or toddler with a disability, the parent, or the child’s family members who are covered under that health insurance policy;
(ii)The use of private health insurance to pay for Part C services cannot negatively affect the availability of health insurance to the infant or toddler with a disability, the parent, or the child’s family members who are covered under that health insurance policy, and health insurance coverage may not be discontinued for these individuals due to the use of the health insurance to pay for services under part C of the Act; and
(iii)The use of private health insurance to pay for Part C services cannot be the basis for increasing the health insurance premiums of the infant or toddler with a disability, the parent, or the child’s family members covered under that health insurance policy.
(3) If a State has enacted a State statute that meets the requirements in paragraph (B)(2) of this section, regarding the use of private health insurance coverage to pay for early intervention services under part C of the Act, the State may re-establish a new baseline of State and local expenditures under Section 303.225(b) in the next Federal fiscal year following the effective date of the statute.
Please attach a copy of fully drafted bill(required for review)
PROPOSAL BACKGROUND
- Reason for Proposal
Please consider the following, if applicable:
(1)Have there been changes in federal/state/local laws and regulations that make this legislation necessary?
B23 isn’t seeking more revenue from the insurance plans, but the brand new Part C regulations that go into effect soon, have a provision that if the state has insurance statutory language that meets 3 requirements, the state can start to count its insurance revenue toward maintenance of effort and it would benefitConnecticut to be able to do that.
(2)Has this proposal or something similar been implemented in other states? If yes, what is the outcome(s)?no b/c brand new option in the Part C Regulations.
(3)Have certain constituencies called for this action? no
(4)What would happen if this was not enacted in law this session?
Currently, between Early Connections decreasing (admissions are closed) and our state budget decreasing because of expected insurance revenue, DDS will have a hard time showing that B23 spent as much “state and local funds” in one year as it did the previous year.
- Origin of Proposal _X_ New Proposal___Resubmission
If this is a resubmission, please share:
(1)What was the reason this proposal did not pass, or if applicable, was not included in the Administration’s package?
(2)Have there been negotiations/discussions during or after the previous legislative session to improve this proposal?
(3)Who were the major stakeholders/advocates/legislators involved in the previous work on this legislation?
(4)What was the last action taken during the past legislative session?
PROPOSALIMPACT
- Agencies Affected (please list for each affected agency)
Agency Name: n/a
Agency Contact (name, title, phone):
Date Contacted:
Approve of Proposal ___ YES ___NO ___Talks Ongoing
Summary of Affected Agency’s Comments
Will there need to be further negotiation? ___ YES ___NO
- Fiscal Impact (please include the proposal section that causes the fiscal impactand the anticipated impact)
Municipal (please include any municipal mandate that can be found within legislation)
none
State
The state would be able to include insurance coverage for early intervention services to count towards maintenance of effort.
Federal
none
Additional notes on fiscal impact
- Policy and Programmatic Impacts (Please specify the proposal sectionassociated with the impact)
The intent of this proposal is certainly not to have any negative impact on the insurance plans, so upon review by the administration, if the proposal moves forward, we would recommend a meeting with the health insurance plans to discuss the proposal and assure that there are no unintended consequences.
FYI, 38a-516a deals with group insurance policies and 38a-490 deals with individual insurance policies.
Insert fully drafted bill here
An Act Concerning Coverage for the Birth to Three Program.
Be it enacted by the Senate and House of Representatives in the General Assembly Convened:
Section 1. Section 38a-516a of the general statutes is repealed and the following is substituted in lieu thereof:
Sec.38a-516a.Coverage for birth-to-three program. Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery or renewed in this state on or after July 1, 1996, shall provide coverage for medically necessary early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e. Such policy shall provide (1) coverage for such services provided by qualified personnel, as defined in section 17a-248, for a child from birth until the child's third birthday, and (2) a maximum benefit of six thousand four hundred dollars per child per year and an aggregate benefit of nineteen thousand two hundred dollars per child over the total three-year period. No payment made under this section shall be applied by the insurer, health care center or plan administrator against any maximum lifetime or annual limits specified in the policy or health benefits plan. The use of health insurance to pay for early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e, (1) shall not negatively affect the availability of health insurance to the child or the child’s family members covered under that health insurance policy, (2) may not be a reason to discontinue health insurance coverage to the child or the child’s family members covered under that health insurance policy and (3)cannot be the basis for increasing the health insurance premiums of the child or the child’s family members covered under that policy.
Section 2. Section 38a-490a of the general statutes is repealed and the following is substituted in lieu thereof:
Sec.38a-490a.Coverage for birth-to-three program. Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery or renewed in this state on or after July 1, 1996, shall provide coverage for medically necessary early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e. Such policy shall provide (1) coverage for such services provided by qualified personnel, as defined in section 17a-248, for a child from birth until the child's third birthday, and (2) a maximum benefit of six thousand four hundred dollars per child per year and an aggregate benefit of nineteen thousand two hundred dollars per child over the total three-year period. No payment made under this section shall be applied by the insurer, health care center or plan administrator against any maximum lifetime or annual limits specified in the policy or health benefits plan. The use of health insurance to pay for early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e, (1) shall not negatively affect the availability of health insurance to the child or the child’s family members covered under that health insurance policy, (2) may not be a reason to discontinue health insurance coverage to the child or the child’s family members covered under that health insurance policy and (3)cannot be the basis for increasing the health insurance premiums of the child or the child’s family members covered under that policy.
Agency Legislative Proposal - 2012 Session
Document Name(e.g. OPM1015Budget.doc; OTG1015Policy.doc): 102411DDScompetencyrevision.doc(If submitting an electronically, please label with date, agency, and title of proposal – 092611_SDE_TechRevisions)
State Agency: Dept. of Developmental Services (DDS)Liaison: Christine Cooney
Phone: 860.418.6066
E-mail:
Lead agency division requesting this proposal: Legal
Agency Analyst/Drafter of Proposal: Atty. James Welsh
Title of Proposal An Act Concerning the Release or Placement of a Defendant Who Will Not Attain Competency.
Statutory Reference Sec 54-56d(m)
Proposal Summary
This bill allows a judge to order periodic examination of a defendant placed in the custody of the Commissioner of Developmental Services for the purposes of civil commitment in the same way a judge may currently do for a defendant placed in the custody of the Commissioner of Mental Health and Addiction Services under the same statute. The change would also allow the judge to order that the court be given notice of termination of commitment to DDS.
Please attach a copy of fully drafted bill(required for review)
PROPOSAL BACKGROUND
- Reason for Proposal
Please consider the following, if applicable:
(5)Have there been changes in federal/state/local laws and regulations that make this legislation necessary? no
(6)Has this proposal or something similar been implemented in other states? If yes, what is the outcome(s)?n/a
(7)Have certain constituencies called for this action? There have been a couple of cases where Judges have wanted to order periodic examinations for DDS related cases, but they don’t have the same authority as with DMHAS related cases.
(8)What would happen if this was not enacted in law this session? Judges would not have authority to order periodic examinations for DDS related cases and could not order that the court be given notice of termination of commitment to DDS.
- Origin of Proposal _X_ New Proposal___Resubmission
If this is a resubmission, please share: n/a
(5)What was the reason this proposal did not pass, or if applicable, was not included in the Administration’s package?
(6)Have there been negotiations/discussions during or after the previous legislative session to improve this proposal?
(7)Who were the major stakeholders/advocates/legislators involved in the previous work on this legislation?
(8)What was the last action taken during the past legislative session?
PROPOSALIMPACT
- Agencies Affected (please list for each affected agency)
Agency Name: DMHAS
Agency Contact (name, title, phone): Doreen Del Bianco
Date Contacted: Sept. 2011
Approve of Proposal _X_ YES ___NO ___Talks Ongoing
Summary of Affected Agency’s Comments
DMHAS requested this proposal from DDS and approved.
Will there need to be further negotiation? ___ YES _X_NO
Agency Name: Judicial Branch
Agency Contact (name, title, phone): Deborah Fuller
Date Contacted: Oct. 2011
Approve of Proposal _X_ YES ___NO ___Talks Ongoing
Summary of Affected Agency’s Comments
Okay.
Will there need to be further negotiation? ___ YES _X_NO
- Fiscal Impact (please include the proposal section that causes the fiscal impactand the anticipated impact)
Municipal (please include any municipal mandate that can be found within legislation) none
State none
Federal
none
Additional notes on fiscal impact
- Policy and Programmatic Impacts (Please specify the proposal sectionassociated with the impact)
The proposal will remove both places where a court might be tempted to commit someone to DMHAS inappropriately just to accomplish periodic review or notice of terminated commitment.
Insert fully drafted bill here
An Act Concerning the Release or Placement of a Defendant
Who Will Not Attain Competency.
Be it enacted by the Senate and House of Representatives in the General Assembly Convened:
Section 1. Section 54-56d(m) of the general statutes is repealed and the following is substituted in lieu thereof:
(m)Release or placement of defendant who will not attain competency. Report to court prior to release from placement.(1)If at any time the court determines that there is not a substantial probability that the defendant will attain competency within the period of treatment allowed by this section, or if at the end of such period the court finds that the defendant is still not competent, the court shall consider any recommendation made by the examiners pursuant to subsection (d) of this section and any opinion submitted by the treatment facility pursuant to subparagraph (C) of subsection (j) of this section regarding eligibility for, and the appropriateness of, civil commitment to a hospital for psychiatric disabilities and shall either release the defendant from custody or order the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services. If the court orders the defendant placed in the custody of the Commissioner of Children and Families or the Commissioner of Developmental Services, the commissioner given custody, or the commissioner's designee, shall then apply for civil commitment in accordance with sections 17a-75 to 17a-83, inclusive, or 17a-270 to 17a-282, inclusive. If the court orders the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the court may order the commissioner, or the commissioner's designee, to apply for civil commitment in accordance with sections 17a-495 to 17a-528, inclusive, or order the commissioner, or the commissioner's designee, to provide services to the defendant in a less restrictive setting, provided the examiners have determined in the written report filed pursuant to subsection (d) of this section or have testified pursuant to subsection (e) of this section that such services are available and appropriate. If the court orders the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services and orders the commissioner to apply for civil commitment pursuant to this subsection, the court may order the commissioner to give the court notice when the defendant is released from the commissioner's custody if such release is prior to the expiration of the time within which the defendant may be prosecuted for the crime with which the defendant is charged, provided such order indicates when such time expires. If the court orders the defendant placed in the custody of the Commissioner of Developmental Services for purposes of civil commitment in accordance with sections 17a-270 to 17a-282, inclusive, the court may order the commissioner to give the court notice if and when the defendant's commitment is terminated, if such termination is prior to the expiration of the time within which the defendant may be prosecuted for the crime with which the defendant is charged, provided such order indicates when such time expires.
(2)The court shall hear arguments as to whether the defendant should be released or should be placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services.
(3)If the court orders the release of a defendant charged with the commission of a crime that resulted in the death or serious physical injury, as defined in section 53a-3, of another person, or with a violation of subdivision (2) of subsection (a) of section 53-21, subdivision (2) of subsection (a) of section 53a-60 or section 53a-60a, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, or orders the placement of such defendant in the custody of the Commissioner of Mental Health and Addiction Servicesor in the custody of the Commissioner of Developmental Services, the court may, on its own motion or on motion of the prosecuting authority, order, as a condition of such release or placement, periodic examinations of the defendant as to the defendant's competency at intervals of not less than six months. Such an examination shall be conducted in accordance with subsection (d) of this section. Periodic examinations ordered by the court under this subsection shall continue until the court finds that the defendant has attained competency or until the time within which the defendant may be prosecuted for the crime with which the defendant is charged, as provided in section 54-193 or 54-193a, has expired, whichever occurs first.
(4)Upon receipt of the written report as provided in subsection (d) of this section, the court shall, upon the request of either party filed not later than thirty days after the court receives such report, conduct a hearing as provided in subsection (e) of this section. Such hearing shall be held not later than ninety days after the court receives such report. If the court finds that the defendant has attained competency, the defendant shall be returned to the custody of the Commissioner of Correction or released, if the defendant has met the conditions for release, and the court shall continue with the criminal proceedings.