Connecticut Department of Mental Health and Addiction Services Issues Legislative Update #17
Targeted News Service |
The 2014 Legislative Session ended at 12 midnight and this update will give you a brief summary of some of the bills that passed which may be of interest to the behavioral health community. We will send out a more detailed analysis next week as well as budget details. Let me also take this opportunity to thank the persons in recovery, staff, advocates, and providers who participated in the legislative process. Your voices were heard loud and clear!
SB 364 AN ACT CONCERNING THE DEPARTMENT OF HOUSING'S RECOMMENDATIONS FOR REVISIONS TO THE SUPPORTIVE HOUSING INITIATIVE STATUTE. Passed. This bill adds the departments of Developmental Services and Veterans' Affairs to the entities with which the
It gives the entities administering the initiative more discretion in determining eligibility by eliminating a provision under which services must be directed to:
1. people or families affected by psychiatric disabilities, chemical dependencies, or both, and who are homeless or at-risk of becoming homeless;
2. families who qualify for the temporary assistance for needy families program;
3. 18-to-23-year-olds who are homeless or at-risk of becoming homeless because they are transitioning out of foster care or other residential programs; and
4. community-supervised offenders with serious mental health needs who are under Judicial Branch or
The bill also specifies that all homeless individuals and families, not only those listed above, are eligible for the initiative. By law, individuals and families who are at-risk of becoming homeless or who have special needs are also eligible.
The other entities that administer the initiative with DMHAS are, by law, the
HB 5124 AN ACT CONCERNING THE PRESERVATION OF HISTORICAL RECORDS AND ACCESS TO RESTRICTED RECORDS IN THE STATE ARCHIVES Did not pass. Would require the preservation of records of historical value and to lift restrictions on access to government and medical records after a certain amount of time has passed. The bill was amended in committee to require identifying information be redacted before made available to the public. DMHAS in concert with the advocacy community was able to keep this bill from being called for a vote.
HB 5145 AN ACT CONCERNING VARIOUS REVISIONS TO THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' STATUTES. Passed with revision. This bill makes several changes to mental health and addiction services (DMHAS) statutes. Among other things, it:
1. specifies that all private agencies treating psychiatric disabilities or substance abuse, regardless of whether they are state-funded, must comply with the commissioner's data collection requirements; This section was removed in the DPH tech bill because of concerns expressed by some providers (HB 5337)
2. grants the commissioner authority to allow private agencies who provide housing assistance to carry over unused funds to the following year; The budget implementation bill changed the effective date to upon passage (HB 5597)
3. codifies existing practice by allowing DMHAS clients to receive services outside the designated mental health region where they live (section 3);
4. codifies existing practice by requiring DMHAS, within available appropriations, to assess certain people charged with felonies to determine whether they should be referred for community-based mental health services;
5. increases information sharing concerning such arrestees and others in the criminal justice system who may need treatment; and
6. removes term limits for appointed members of the
The bill also makes minor and technical changes. Effective Date
HB 5367 AN ACT CONCERNING THE IMPLEMENTATION OF ENHANCED PROTECTIONS AGAINST DISCRIMINATION DIED on the Senate Calendar. Would prohibit discrimination on the basis of mental disability, gender identity or expression.
SB 24 AN ACT CONCERNING THE GOVERNOR'S RECOMMENDATIONS REGARDING ELECTRONIC NICOTINE DELIVERY SYSTEMS AND YOUTH SMOKING PREVENTION Passed. This bill makes it illegal for a minor (under age 18) to buy or possess in public an "electronic nicotine delivery system" or "vapor product" (collectively called "e-cigarettes" in this analysis) and for anyone to sell, give, or deliver one to a minor. It subjects violators to some of the same penalties the law imposes on those who commit similar violations regarding tobacco cigarettes.
It tightens the law pertaining to the sale of tobacco cigarettes to minors by extending the look-back period for determining if a prior offense occurred from 18 to 24 months. At the same time, it makes this law more lenient for first offenders by waiving the civil penalty for those who successfully complete an online tobacco education course.
Under the bill, minors charged for a second or subsequent time with illegally buying tobacco cigarettes are subject to the higher penalty imposed on subsequent offenders only if they commit a second or subsequent violation within 24 months of the first violation.
The bill imposes fines, in addition to existing civil penalties, on people who sell improperly packaged or individual tobacco cigarettes.
It increases the amount of money the
Finally, the bill corrects a statutory reference concerning the trust fund and makes conforming changes.
*Senate Amendment "A" removes the classification of vapor products as a type of electronic nicotine delivery system and makes conforming changes. EFFECTIVE DATE:
HB 5487 AN ACT PROVIDING IMMUNITY TO A PERSON WHO ADMINISTERS AN OPIOID ANTAGONIST TO ANOTHER PERSON EXPERIENCING AN OPIOID-RELATED DRUG OVERDOSE Passed. This bill authorizes anyone to administer an opioid antagonist (such as Narcan) to a person he or she believes, in good faith, is experiencing an opioid-related drug overdose. The bill gives civil and criminal immunity to such a person who acts with reasonable care in administering the opioid antagonist, unless he or she is a licensed health care professional acting in the ordinary course of employment.
Existing law allows licensed health care practitioners authorized to prescribe an opioid antagonist, if acting with reasonable care, to prescribe, dispense, or administer it to treat or prevent a drug overdose without being civilly or criminally liable for the action or for its subsequent use. Thus, these practitioners can prescribe opioid antagonists to people who are not their patients to assist a person experiencing a drug overdose.
By law, an "opioid antagonist" is naloxone hydrochloride (Narcan) or any other similarly acting and equally safe drug that the
*House Amendment "A" expands the immunity provided by the original bill (File 444) to cover licensed health care professionals acting outside the course of employment. EFFECTIVE DATE:
SB 36 AN ACT CONCERNING THE GOVERNOR'S RECOMMENDATIONS TO IMPROVE ACCESS TO HEALTH CARE Passed. This bill allows advanced practical registered nurses (APRNs) who have been licensed and practicing in collaboration with a physician for at least three years to practice independently. Current law requires APRNs to work in collaboration with a physician, including having a written agreement regarding the APRN's prescriptive authority.
The bill generally requires APRNs, when applying for their annual license renewal, to attest in writing that they have earned at least 50 contact hours of continuing education (CE) in the previous 24 months. The requirement applies to registration periods beginning on and after
Starting in 2015, the bill requires manufacturers of covered drugs, devices, biologicals, and medical supplies to report to the
The bill also makes technical and conforming changes.
*Senate Amendment "A" (1) specifies that an APRN must have practiced in collaboration with a physician for three years, not just been licensed for three years, in order to practice independently; (2) adds the continuing education provisions; and (3) adds the manufacturers' disclosure provisions.
EFFECTIVE DATE:
HB 5597 AN ACT IMPLEMENTING PROVISIONS OF THE STATE BUDGET FOR THE FISCAL YEAR ENDING
Expansion of Connecticut False Claims Act (CFCA) CFCA currently prohibits anyone from knowingly filing false or fraudulent claims for payment or approval under any
It expands provisions of the current CFCA that ban the following actions to all state-administered health or human services programs, rather than just DSS medical assistance programs:
1. knowingly presenting, or causing to be presented, a false or fraudulent claim for payment or approval;
2. knowingly making, using, or causing to be made or used, a false record or statement material to a false or fraudulent claim;
3. being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state relative to these programs and, with intent to defraud the state, make or deliver the document without completely knowing that the information on it is true;
4. knowingly buying, or receiving as a pledge of an obligation or debt, public property from a state employee or officer who may not legally sell or pledge the property;
5. knowingly making, using, or causing to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the state;
6. knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the state; and
7. conspiring to commit the above actions.
Current law also prohibits anyone with possession, custody, or control of property or money used, or to be used, by the state for DSS medical assistance programs, and, with intent to defraud the state or willfully conceal the property, from (1) delivering or causing to be delivered less property than the amount for which the person receives a receipt or certificate or (2) conspiring to do so. The bill:
1. similarly expands this prohibition to all state-administered health or human services programs and
2. lowers the threshold by which someone is guilty of violating this provision by removing the need to act with the intent to defraud the state or willfully conceal the property and instead requiring the act to be committed knowingly.
Under the bill, "state-administered health or human services programs" include programs administered by the:
1.
2. departments of children and families (DCF), developmental services (DDS), mental health and addiction services (DMHAS), public health (DPH), and rehabilitation services (DORS);
3.
4.
It also includes state employee, retiree, and other health programs administered by the state comptroller's office (OSC). EFFECTIVE DATE: Upon passage
POLICE TRAINING COURSE The bill requires police basic training programs conducted by the
HOUSING SUBSIDIES Current law permits the mental health and addiction services (DMHAS) commissioner, within available appropriations, to provide subsidies to people who receive DMHAS services and require supervised living arrangements. The bill specifies that such subsidies are for people who qualify for supportive housing under the state's permanent supportive housing initiative, which the department operates in collaboration with several other state agencies.
The bill also gives the DMHAS commissioner the authority to permit agencies who distribute these subsidies on the department's behalf to use any unspent money for the same purpose in the following fiscal year. EFFECTIVE DATE: Upon passage. This is the change we made to HB 5145
1. over-the-counter drug coverage through the
2. insulin or insulin syringes,
3. nutritional supplements for people who (a) must be tube fed or (b) cannot safely get nutrition in any other form, and
4. smoking cessation drugs. EFFECTIVE DATE: Upon passage
JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE (JJPOC) The bill establishes the
Committee Members and Appointments
The 35-member committee includes:
1. two legislators, appointed one each by the
2. the chairpersons and ranking members of the Appropriations, Children, Human Services, and Judiciary committees, or their designees;
3. the chief court administrator or his designee;
4. a
5. the Judicial Branch's court support services division (CSSD) executive director or his designee;
6. the
7. the chief public defender or her designee;
8. the chief state's attorney or his designee;
9. the commissioners of the departments of (a) Children and Families (DCF), (b) Correction (DOC), (c) Education (SDE), and (d) Mental Health and Addiction Services (DMHAS), or their designees;
10. the
11. two child or youth advocates, appointed one each by the JJPOC's chairpersons;
12. two parents or parent advocates, appointed one each by the
13. the
14. the OPM secretary or his designee.
All appointments must be made within 30 days after the bill passes and any vacancies must be filled by the appointing authority. All committee members must serve without compensation, except for expenses incurred in the performance of their duties.
The OPM secretary, or his designee, and a
Reporting Requirements
The bill requires JJPOC to submit specific reports to the Appropriations, Children, Human Services, and Judiciary committees and the OPM secretary by
JJPOC must (1) complete its duties after consultation with one or more organizations that focus on relevant children and youths issues, such as the
1. recommendations on any statutory changes concerning the juvenile justice system to (a) improve public safety, (b) promote the best interests of children and youths who are under the supervision, care, or custody of the DCF commissioner or CSSD, (c) improve transparency and accountability with respect to state-funded services for children and youths in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions, and (d) promote the efficient sharing of information between DCF and the Judicial Branch to ensure regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system;
2. a recommended definition of "recidivism," to be used by state agencies with juvenile justice system responsibilities, and recommendations to reduce recidivism for children and youths in the juvenile justice system;
3. short-term goals to be met within six months, medium-term goals to be met within 12 months and long-term goals to be met within 18 months, for JJPOC and state agencies with juvenile justice system responsibilities to meet, after considering existing relevant reports related to the juvenile justice system and any related state strategic plan;
4. the impact of legislation that expanded the jurisdiction of the juvenile court to include persons aged 16 and 17, as measured by the following: (a) any change in the average age of children and youths involved in the juvenile justice system, (b) the types of services used by designated age groups and the outcomes of those services, (c) the types of delinquent acts or criminal offenses that children and youths have been charged with since the enactment and implementation of the legislation, and (d) the gaps in services the committee identifies with respect to children and youths involved in the juvenile justice system, including those who turn age 18 after being involved in the juvenile justice system, and recommendations to address such gaps (
5. identified strengths and barriers that support or impede the educational needs of children and youths in the juvenile justice system, with specific recommendations for reforms (JJPOC must establish a timeframe for review and reporting on this initiative).
1. the quality and accessibility of diversionary programs available to children and youths in the state, including juvenile review boards and services for a child or youth who is a member of a family with service needs (FWSN) (see BACKGROUND);
2. an assessment of the system of community-based services for children and youths who are under the supervision, care, or custody of the DCF commissioner or CSSD;
3. an assessment of the congregate care settings that are operated privately or by the state and have housed children and youths involved in the juvenile justice system in the past 12 months;
4. an examination of how SDE and local boards of education, DCF, DMHAS, CSSD, and other appropriate agencies can collaborate through school-based efforts and other processes, to reduce the number of children and youths who enter the juvenile justice system as a result of being a member of a FWSN or convicted as delinquent;
5. an examination of practices and procedures that result in disproportionate minority contact within the juvenile justice system ;
6. a plan to require all facilities and programs that are part of the juvenile justice system and are operated privately or by the state provide results-based accountability; and
7. an assessment of the number of children and youths who, after being under DCF's supervision, are convicted as delinquent.
The bill requires JJPOC to establish a timeframe for review and reporting regarding the responsibilities outlined above.
JJPOC must also, by
Ongoing Quarterly Reports. The bill requires JJPOC to submit quarterly reports on the progress of its goals and measures starting by
Background -- FWSN
"Family with service needs" means a family that includes a child at least age seven and under age 18 who:
1. has without just cause run away from the parental home or other properly authorized and lawful residence;
2. is beyond the control of his or her parent, parents, guardian, or other custodian;
3. has engaged in indecent or immoral conduct;
4. is a truant or habitual truant or who, while in school, continuously and overtly defies school rules and regulations; or
5. is age 13 or older and has engaged in sexual intercourse with a person age 13 or older who is not more than two years older or younger than him or her (CGS 46b-120(5)).
DEPARTMENT OF CORRECTION PROGRAM EVALUATIONS The bill transfers
The bill also requires the DOC commissioner, by
By
PRIVATE PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES The bill requires the DSS commissioner to submit to the federal
Under the bill, a "private psychiatric residential treatment facility" is a nonhospital facility with an agreement with a state
MANUFACTURERS' DISCLOSURE REQUIREMENTS FOR PAYMENTS TO APRNS PA 14-12 requires manufacturers of covered drugs, devices, biologicals, and medical supplies to report on payments or other transfers of value they make to advanced practice registered nurses (APRNs) practicing in
Unchanged by the bill, the law applies to manufacturers of drugs, devices, biologicals, or medical supplies that are covered by (1)
PHYSICIAN AND APRN PROFILES Current law requires DPH, within available resources, to collect certain information to create individual profiles for health care providers for dissemination to the public. The bill eliminates the "within available appropriations" restriction with regard to collecting information on physicians and APRNs. The bill also adds to the profile information (1) whether or not the practitioner provides primary care services and (2) for an APRN, whether he or she is practicing independently or in collaboration with a physician to the list of collected information.
Collected information includes, among other things, the practitioner's specialty, primary practice location, and any hospitals at which he or she has admitting privileges. Unchanged by the bill, DPH must also collect such information on dentists, chiropractors, optometrists, podiatrists, natureopaths, dental hygienists, and physical therapists within available appropriations. EFFECTIVE DATE:
DISPOSAL OF UNWANTED MEDICATION The bill requires the
The bill requires DCP, within available appropriations, to organize a public awareness campaign to educate the public about the program and the dangers of unsafe medication disposal. It also allows DCP to adopt implementing regulations. EFFECTIVE DATE:
Accessing Information via the
If you wish to get the details/status on a bill, read the text of a bill, or check on committee agendas or upcoming events in the Bulletin, log onto the
If you wish to look up committee agendas or check upcoming events in the Bulletin, these can be accessed on that same page by scrolling down and clicking on the appropriate item.
If you are seeking info on a specific bill, type the bill number in the box (upper center of page) - just the actual number, you do not need S.B. or H.B. - and click on "GO." The page which will come up shows the bill history, summary, etc. for that bill. If you wish to read the bill text, scroll down the page, and click on the bill text, and the bill will come up on the screen.
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