Kate McEvoy/Agency on Aging of South
Items of Interest/Concern to Older Adults
Associated with Senate Bill 1128, An Act Implementing the Governor’s Budget
Recommendations with Respect to Social Services Programs:
Section 3 proposes
to eliminate the provision in law (enacted by Public Act 05-243) that provided for increasing the State Supplement
unearned income
disregard annually by the amount of the Supplemental Security Income
cost-of-living increase
Section 4 proposes
to permit DSS to use a more restrictive definition of the term “medical
necessity”
Section 5 proposes
to amend the statutory language enacted in 2006 that provides non-formulary
drug coverage to participants of the ConnPACE
program
and those who are full-benefit dual-eligibles by 1) providing that where DSS,
in consultation with the prescribing physician, determines that the drug is
medically necessary, DSS will cover the original prescription and any
prescribed re-fills, less any required co-payments; 2) deleting language that
requires DSS to review each request for assistance and to notify the involved
beneficiary within two hours of the time that the request is received whether
it has been approved; and 3) limiting total expenditures under the Medicare
Part D Supplemental Needs Fund to the amount appropriated in 2006 ($5 million)
Section 6 proposes
to require certification of unlicensed personnel of residential care homes who
provide medication administration
Section 7 proposes
to increase the total number of individuals who may be served by the Money
Follows the Person program from 100 to 700
Section 8 proposes to 1) limit the right of
Medicaid applicants who are in need of or receiving institutional care from
assigning right of support to DSS to situations in which a) the applicant’s
assets are less than or equal to the Medicaid asset limit; and b) the applicant
cannot locate the community spouse, or the community spouse is unable to
provide information about his or her assets; and 2) authorize DSS to seek
recovery of monies paid on behalf of the institutionalized spouse up to the
amount in excess of the community spouse protected amount held by the community
spouse
Section 16 proposes to eliminate State funding for
attorney’s fees for appeals of denials or terminations of Social Security
Disability Income or Supplemental Security Income
Sections
18-37
propose to strengthen
DSS’ ability to recover Medicaid funds paid for claims that should have been
covered by a third party
Section 38 proposes to prohibit pharmacies from
submitting prescription drug claims to DSS unless the involved individuals’
drug coverage has been exhausted, authorizes DSS to recoup payments made on
claims where other coverage is available, and permits DSS to investigate
pharmacies that consistently submit ineligible claims
To review the text of any bill noted below:
1) open www.cga.ct.gov; 2) type in the bill number next to “Number” at top of
screen, then click “GO”.
SUBJECT AREA |
ASSOCIATION
POSITION |
MAJOR
RAISED BILLS/STATUS
|
ConnPACE |
full protections for participants of ConnPACE and
Medicaid (e.g. effective and adequate coverage of non-formulary drugs,
protection of current dosage supplies available for each co-payment, and
meaningful “exception” or appeal rights) as the “wrap-around” to Medicare
Part D continues to be implemented |
See above for
summary of Section 5 of Senate Bill 1128. Proposed Bill 5484 (Human Services Public
Hearing Proposed House Bill 5332 (Ins. and RE
Public Hearing 2/6/07)
seeks to require individual and group health insurance policies that provide
coverage for outpatient prescription drugs to supply 90 days of a covered,
chronic (i.e. a prescription medication other than a controlled drug that is
prescribed for more than 12 months) medication for one co-payment. See
also: Proposed House Bill 5668
(Insurance and Real Estate). |
|
Other Rx matters Proposed House Bill 5507 (Public Health) seeks to establish a bulk purchasing program for state
agencies and their sub-contractors. See also: Proposed Senate Bill 668 (Public Health). |
Proposed Senate Bill 53 (Human Services Public
Hearing 2/6/07) seeks to provide
graduated ConnPACE benefits as follows: to provide 75% of program benefit to
individuals whose income is greater or equal to $20,800 but less than $23,300
and couples whose income is greater or equal to $28,100 but less than
$30,500; and to provide 50% of program benefit to individuals whose income is
greater or equal to $23,300 but less than $25,800 and couples whose income is
greater or equal to $30,500 but less than $33,500. Proposed
House Bill 5632 (Human Services Public Hearing Proposed House Bill 5050 (Human Services) seeks to provide coverage for annual physical
examinations for participants of the ConnPACE program. Committee Bill 147 (Human Services Public Hearing
2/6/07) seeks to require DSS to
implement consumer protections (e.g. expedited approval process, adequate
supply pending resolution of any appeal, limitation on use of prior
authorization for individuals who require the same prescription drugs) in the
use of preferred drug lists and prior authorization procedures and to
evaluate the effectiveness of those procedures. |
SUBJECT AREA |
ASSOCIATION
POSITION |
MAJOR
RAISED BILLS/STATUS
|
Home and Community-Based Services |
support enhancement of home and community-based care
options including: continued funding for the Connecticut Home Care
Program for Elders (CHCPE) authorization for a Medicaid home and
community-based waiver for individuals age 18-64 self-directed care options such as personal care assistants and the Money
Follows the Person pilot |
Connecticut Home Care
Program for Elders (CHCPE): Proposed Senate Bill 7
(Aging Public Hearing Proposed House Bill 5663
(Human Services Public Hearing Self-Directed Care
Options: Proposed Senate Bill 54 (Human
Services Public Hearing Other Relevant Items: Committee Bill 117 (Human
Services) seeks
to require
DSS to file an amendment to the Medicaid state plan to increase the medically
needy income limit (MNIL) for older adults and those with disabilities to
100% of the Federal Poverty Level (FPL).
See also: Proposed House Bill 5640 (increase MNIL such that it
is equal to the standard used for adults under Husky Plan A. Proposed House Bill 5643 (Human
Services) seeks to reduce the required spend-down for Medicaid eligibility
to the extent permitted by State and federal law. Proposed Senate Bills 6
(Aging Public Hearing 2/13/07) and 247
(Human Services Public Hearing 2/6/07) seek to promote awareness of
Medicaid-funded programs through a centralized call center, improvements to
the DSS web site and development of detailed written consumer materials. Proposed Senate Bill 259
(Public Health) seeks to require DPH to track and report on the diversity of the
State’s health care workforce, and to require participation in continuing
education programs on cultural and linguistic competencies. Proposed
House Bills 6025 and 6030 (Higher
Education) seek to provide scholarships for nursing education. See
also: Proposed Senate Bill 799
(Higher Education Public Hearing |
SUBJECT AREA |
ASSOCIATION
POSITION |
MAJOR
RAISED BILLS/STATUS
|
|
support implementation of
a program designed to reduce older adults’ risk of falls |
Proposed Senate Bill 265 (Public Health) seeks to require DPH to disseminate
information on fall prevention. Proposed Senate Bill 657 (Public Health) seeks
to promote fall prevention research and demonstration projects. |
|
support a percentage
increase in home care reimbursement rates The
Governor’s budget does not propose any rate increases for providers of home
and community-based services. |
Several bills address this
issue globally: Proposed House Bill
5302 and 5658 (Human Services Public Hearing |
Nutrition |
support
proposals designed to increase
funding |
Proposed House Bill 6277 (Human Services Public Hearing |
Alzheimer’s Respite |
support
proposals designed to increase
funding |
The Governor’s budget (HB7077) seeks to appropriate $1,294,388
in both SFY’08 and ’09. The SFY’07
figure is $1,288,043. See also: Proposed House Bill 5483 (Human Services Public Hearing |
CHOICES |
state funding of at least $2,000,000 for CHOICES |
No applicable bills have been released. See
also: Proposed House Bill 6893 (Human Services), which seeks to require DSS to establish a communications plan and
outreach program to promote |
ADDITIONAL AREAS OF INTEREST
SUBJECT AREA |
DESCRIPTION OF PROPOSED ACTION |
MAJOR RAISED BILLS |
State Structure |
various proposals |
Proposed Senate Bill 5
(Aging Public Hearing |
SUBJECT AREA |
DESCRIPTION OF PROPOSED ACTION |
MAJOR RAISED BILLS |
Long-Term Care Planning |
various proposals |
Proposed Senate Bill 305
(Human Services) seeks to create a task force to study public and private options for
funding long-term care. |
Assisted Living |
various proposals |
Proposed House Bill 5001
(Aging Public Hearing Proposed House Bill 5042
(Housing Public Hearing Proposed Senate Bill 407
(General Law Public Hearing 2/15/07) seeks to require owners of MRC’s to post bonds,
with the intent of protecting deposits made by residents or prospective
residents. Proposed Senate Bill 660 (Public Health) seeks to restrict use of
the term “assisted living facility” to those entities licensed by DPH. |
Medicare |
various proposals |
Committee Bill 203
(Human Services Public Hearing Proposed House Bill 5259
(Insurance and Real Estate Public Hearing 2/6/07) seeks to require providers of Medigap plans to
refund any prepaid premium payments made by a senior who chooses to cancel
his/her policy prior to expiration of the coverage period. Proposed House Bill 5395 (Insurance and
Real Estate Public Hearing 2/6/07) seeks to prohibit companies that issue Medigap
plans from including clauses in their contracts that prohibit producers from
moving customer business from one company to another. Proposed House Bill 6280
(Insurance Public Hearing Proposed House Bill 5806
(Appropriations) seeks to exclude all State expenditures for Medicaid and Medicare from
the definition of “general budget expenditures” under the State spending cap. |
SUBJECT AREA |
DESCRIPTION OF PROPOSED ACTION |
MAJOR RAISED BILLS |
Other Medicaid |
various proposals |
Proposed House Bill 5659
(Human Services Public Hearing |
Nursing Homes |
adoption of NCCNHR
minimum direct care staffing standards |
Proposed Senate Bill 120
(Public Health) seeks to increase requirements for direct care staffing levels in
nursing homes. |
|
initiatives designed to
protect the rights of nursing facility residents Item of concern: Proposed Senate Bill 675 (Public Health) proposes to bar
individuals with psychiatric disabilities from being admitted to a home
unless the patient is assessed by a psychiatrist and the facility determines
that it is capable of meeting the individual’s needs. |
Proposed Senate Bill 81 (Public Health) seeks to authorize DPH to disclose investigative
reports concerning care to a member of the complainant’s family. Proposed Senate Bill 91 (Public Health Public Hearing Proposed House Bill 5639 (Human Services Public Hearing Proposed Senate Bills 670 (Public Health) seek to require nursing homes and adult day care
facilities to provide air conditioning. See
also: Proposed Senate Bill 692. |
Elder Abuse
|
various proposals |
No applicable
bills have been released. |
SUBJECT AREA |
DESCRIPTION OF PROPOSED ACTION |
MAJOR RAISED BILLS |
Insurance Coverage |
proposals designed to
expand/improve insurance coverage |
Proposed House Bill 5493
(Insurance Public Hearing Proposed House Bill 6282
(Insurance Public Hearing 2/6/07) seeks require individual and group health
insurance policies to cover 80% of the cost of hearing aids for individuals
age 18 and older. See also: Proposed Senate Bill 816 (Insurance Public Hearing Proposed House Bill 6972
(Transportation) seeks to lower from 62 to 55 the age of eligibility for auto
insurance discounts that are based on completing an accident prevention
course. See also the following
selected examples of universal health proposals: House Bills 5495 (Insurance), 5543
(Appropriations), 6087 (Public Health), 6281 (Insurance), 6652 (Insurance),
6655 (Insurance), 6661 (Insurance), 6693 (Public Health), 6969 (Public Health)
and Senate Bills 1 (Public Health), 2 (Insurance) and 3 (Human Services). |
Transportation
|
various proposals |
Proposed Senate Bills 93
(Transportation Public Hearing Proposed House Bill 5537
(Transportation Public Hearing Proposed House Bill 6117
(Transportation Public Hearing See also: Proposed House
Bill 6960 (Aging Public Hearing |
Entitlements |
various proposals |
Proposed House Bill 5063 (Labor and Public Employees)
seeks to eliminate the Social
Security offset for workers’ compensation benefits. |
SUBJECT AREA |
DESCRIPTION OF PROPOSED ACTION |
MAJOR RAISED BILLS |
Energy Assistance
|
various proposals |
Proposed Senate Bill 104
(Energy and Technology) seeks to suspend the imposition of gross earnings tax on utilities for
a six-month period starting |
Consumer
Protections
|
various proposals |
Proposed House Bills
5219 (General Law), 5220 (General Law), 6806 (General Law) and Senate Bills
233 (Banks Public Hearing |
Housing
|
various proposals to expand
options and support |
Proposed House Bill 5047
(Housing Public Hearing |
Grandparents Raising Grandchildren
|
proposals designed to make
it easier for grandparents raising grandchildren to access state subsidies |
Proposed House Bills
5393 (Human Services), 5442 (Children Public
Hearing 2/8/07), 5648 (Human
Services), and 6032 (Human Services), and Senate Bills 129 (Human
Services), 139 (Human Services), 199 (Human Services), 754 (Children Public Hearing 2/8/07), 757 (Children Public Hearing 2/8/07) and 1069 (Children Public Hearing 2/8/07) seek to give relative
caregivers who have care and custody of children who are not involved with
DCF subsidies equal to those received by caregivers of children in DCF
custody. Proposed Senate Bill 138
(Human Services) seeks to exclude child care subsidies paid to relative
caregivers from income eligibility determinations for such programs as
temporary family assistance and food stamps.
Raised House Bill 7037 (Children) seeks to provide guardianship
subsidies to half and step- siblings of children who are living with relative
caregivers. Proposed House Bill 5570
(Children Public Hearing |
SUBJECT AREA |
DESCRIPTION OF PROPOSED ACTION |
MAJOR RAISED BILLS |
Probate
|
various proposals |
Proposed House Bill 6817 (Judiciary) seeks to require that the Probate Court
Administrator be nominated by the Governor and approved by both houses of the
Legislature. Proposed House Bill 6821 (Judiciary) seeks to implement the LPRI
Committee’s recommendations concerning the Probate Court system. These include such measures as 1) examination
of the enforcement authority of the Administrator with respect to conduct of
judges; 2) further study of opportunities for consolidation; 3) standards for
and testing of judges; and 4) regulations concerning court operations (hours,
staffing, workload). Proposed House Bill 6827 (Judiciary) seeks
to provide health insurance for judges and employees under the State
plan. Committee Bill 6828 (Judiciary Public
Hearing 2/16/07) seeks to require, where all parties agree that it
will be the official record, Probate Courts to electronically record hearings
at the expense of the party requesting the hearing. Proposed
House Bill 6903 (Judiciary) seeks to require Probate Courts to appoint a
guardian ad litem for any individual with a disability. Raised
Senate Bill 7067 (Judiciary Public
Hearing |
Taxes
unless
otherwise noted, all of the listed bills are in the Finance, Revenue &
Bonding Committee |
various proposals Many of the listed tax
bills are on the agendas of the following public hearings: Select Committee on Aging Select Committee on
Veterans’ Affairs |
Income Tax Many
bills seek to exempt all or part of pension and Social Security income
from the state income tax either on an immediate or a phased-in basis: Proposed
House Bills 5029, 5100, 5131, 5135, 5370, 5241 (< $50K for individual,
$100K for a couple), 5246 (phase-out over a three-year period with
annual reductions of 50%, 25% and then 25%), 5476, 5477, 5540,
5541, 5617, 5945, 5955, 5962, 6965 and Proposed Senate Bills 182 and
368 Several bills seek to exempt veterans’ pensions from the state
income tax: Proposed House Bills 5201, 5203, and 5277. Several bills proposed new income tax
credits: Proposed House Hill 5027 ($500 for persons age 70 and
older), Proposed House Bill 5097 (for those who care for a person with
Alzheimer’s disease at home), and Proposed House Bill 6789 ($250 to
anyone who purchases a long-term care insurance policy. Other bills propose new income tax
deductions: Proposed House Bill 6480 (Aging) (for long-term care
expenses), and Senate Bills 103 (for expenses relating to care of an
older adult in the home of an immediate relative), 190 (up to $10,000
for costs, e.g. travel, lodging and lost wages, associated with donation of
an organ while an individual is living) and 752 (Aging) (for premiums
paid out on a long-term care insurance policy – see also Proposed House
Bill 6657). Sales Tax Proposed House Bill 5343 seeks to exempt certain low-income (annual income
limits: $15,000 for an individual and $30,000 for a married couple; asset
limits for homeowners: $10,000 for an individual and $20,000 for a married
couple; asset limits for renters: $7,000 for an individual and $14,000 for a
married couple) individuals age 65 and older from sales tax. Proposed
Senate Bill 108 seeks to exempt from sales tax equipment and devices
intended to assist those with visual impairments. |
Taxes
(continued)
|
Provider Taxes Proposed House Bill 5509
(Public Health) seeks to establish a Medicaid hospital provider tax. |
Property Tax Many
bills deal with property tax benefits for older adults: Proposed House
Bills 5002 (Aging – freeze of tax liability for those age 65 and
older and compensation to municipalities for lost revenue), 5025, 5099 (Aging
– additional $500 credit to persons age 80 and older with family incomes
of less than $25,000 per year), 5262 (Planning and Development – credits
to persons age 70 and older who volunteer with municipal programs), 5322
(Aging), 5342 (Aging – expand eligibility for and access to the
elderly tax freeze program), 5435 (Aging - increase income eligibility requirements to
$45,000 for couples and $33,000 for individuals), 5436 (Aging –
increase income eligibility by 90%), 5437 (Aging), 5542 (Aging
– reduce eligibility age from 70 to 65), 5614, 5645 (Human
Services – increase income eligibility limits to $75,000 for couples and
$50,000 for individuals), 5712 (Planning & Devt. – create a
program through which older adults can receive tax abatements for
volunteering), 5727 (Planning & Devt.), 5800 (Aging
– permit deferral and satisfaction of taxes owed upon death), 5801 (Aging
– increase income eligibility to $40,000 for couples and $32,000 for
individuals), 5802, 5804 (eligibility criteria for tax freeze),
6271 (Housing – to clarify the lien requirement), 6479,
6481, 6684, 6873 and Proposed Senate Bills 8 (Aging), 406 (Planning
& Devt. – require municipalities to advise residents, at the time
that tax bills are released, of programs for property tax assistance), 453
(Aging – permit towns to offer abatements based on long-time
residency or volunteer service), 454, 613 (Planning &
Devt. – require towns that provide property tax relief to those age 65
and older to also offer it to younger individuals with disabilities) 751 (Aging
– to permit abatements based on volunteer service), 905, and 932. Others deal with property tax benefits
for veterans: Proposed House Bills 5096, 5200, 5202, 5278, 5279, 5319,
5794, 5795, 5796, 6104, 6837, 6945 and Proposed Senate Bills 747 and
976 (all Veterans’ Affairs). Gift/Estate Tax Proposed House Bills
5244, 5478, 5941, 5968, 6792, 6961 and Senate Bill 1115 seek to phase-out
or repeal the unified gift/estate tax.
Proposed House Bill 5474 seeks to exempt children from the
estate tax. Certain bills seek to
exempt certain items from the tax: Proposed
House Bills 5480, 5942, 5956 and 6964 (exclude all or part
of value of decedent’s principal residence), 512 and 5240
(exclude life insurance benefits), 5238 (exclude assets equal to those
protected under a Partnership long-term care insurance policy) and Proposed
House Bill 6232 and Proposed Senate Bill 791 (exclude family-owned
farms). Others seek to increase the
threshold and/or adjust the rates: Proposed House Bills 5130 (exempt
$3 million and adjust the rates to eliminate the initial steep increase in
taxes owed), 5215 (adjust the rates at $2 million), 5239, 5242 (exempt
$5 million, adjust the rates at $2 million and exempt primary residence or
working farm up to value of $5 million), 5473 (impose tax only on
assets over $2 million), 5475 (exempt $4 million and adjust annually
in accordance with inflation index), 5954, 5961 (exempt $3.5
million), 5964 (exempt $4 million and eliminate tax due on amount
below exemption), 5970, 6962, 6963 and Proposed Senate Bills 243
(repeal “cliff effect”), and 369 (exempt $5 million and adjust rates). |