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WORKING DRAFT LCO No. 5901 {F:\Eric's Documents\Legislative\Agenda 2013\WorkingDraftDeficitMitigationAgreement12.19.12.doc } 1 of 38 General Assembly Bill No. December Special Session, 2012 LCO No. 5901 *05901__________ * Referred to Committee on Introduced by: REP. DONOVAN, 84 th Dist. SEN. WILLIAMS, 29 th Dist. AN ACT CONCERNING DEFICIT MITIGATION FOR THE FISCAL YEAR ENDING JUNE 30, 2013. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (Effective from passage) The Secretary of the Office of Policy 1 and Management may make reductions in allotments for the fiscal year 2 ending June 30, 2013, in the following accounts of the GENERAL 3 FUND and the SPECIAL TRANSPORTATION FUND, in the following 4 amounts in order to achieve budget savings in said fiscal year: 5 T1 GENERAL FUND T2 T3 AGRICULTURAL EXPERIMENT STATION Personal Services 268,963 T4 AGRICULTURAL EXPERIMENT STATION Other Expenses 45,065 T5 AGRICULTURAL EXPERIMENT STATION Mosquito Control 78,209 T6 AGRICULTURAL EXPERIMENT STATION Wildlife Disease Prevention 4,479

Transcript of Bills - Connecticut Forest and Park Association

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General Assembly Bill No. December Special Session,

2012

LCO No. 5901

*05901__________

* Referred to Committee on

Introduced by: REP. DONOVAN, 84th Dist. SEN. WILLIAMS, 29th Dist.

AN ACT CONCERNING DEFICIT MITIGATION FOR THE FISCAL YEAR ENDING JUNE 30, 2013.

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

Section 1. (Effective from passage) The Secretary of the Office of Policy 1

and Management may make reductions in allotments for the fiscal year 2

ending June 30, 2013, in the following accounts of the GENERAL 3

FUND and the SPECIAL TRANSPORTATION FUND, in the following 4

amounts in order to achieve budget savings in said fiscal year: 5

T1 GENERAL FUND

T2

T3 AGRICULTURAL EXPERIMENT STATION

Personal Services 268,963

T4 AGRICULTURAL EXPERIMENT STATION

Other Expenses 45,065

T5 AGRICULTURAL EXPERIMENT STATION

Mosquito Control 78,209

T6 AGRICULTURAL EXPERIMENT STATION

Wildlife Disease Prevention

4,479

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T7 ATTORNEY GENERAL Personal Services 64,721

T8 COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

Personal Services 213,296

T9 DEBT SERVICE - STATE TREASURER Debt Service 25,000,000

T10 DEPARTMENT OF ADMINISTRATIVE SERVICES

Personal Services 82,582

T11 DEPARTMENT OF ADMINISTRATIVE SERVICES

Other Expenses 1,057,198

T12 DEPARTMENT OF ADMINISTRATIVE SERVICES

Management Services 200,000

T13 DEPARTMENT OF ADMINISTRATIVE SERVICES

Surety Bonds for State Officials and Employees

4,100

T14 DEPARTMENT OF ADMINISTRATIVE SERVICES

Rents and Moving 200,000

T15 DEPARTMENT OF ADMINISTRATIVE SERVICES

Connecticut Education Network

298,324

T16 DEPARTMENT OF ADMINISTRATIVE SERVICES

State Insurance and Risk Mgmt Operations

350,000

T17 DEPARTMENT OF AGRICULTURE Other Expenses 33,463

T18 DEPARTMENT OF CHILDREN AND FAMILIES

Personal Services 1,477,901

T19 DEPARTMENT OF CHILDREN AND FAMILIES

Board and Care for Children - Foster

233,022

T20 DEPARTMENT OF CHILDREN AND FAMILIES

Board and Care for Children - Residential

1,007,788

T21 DEPARTMENT OF CHILDREN AND FAMILIES

Individualized Family Supports

191,978

T22 DEPARTMENT OF CONSUMER PROTECTION

Personal Services 30,147

T23 DEPARTMENT OF CORRECTION Stress Management 1,750

T24 DEPARTMENT OF CORRECTION Inmate Medical Services

7,200,000

T25 DEPARTMENT OF CORRECTION Distance Learning 95,000

T26 DEPARTMENT OF CORRECTION Legal Services To Prisoners

43,530

T27 DEPARTMENT OF CORRECTION Community Support Services

1,825,819

T28 DEPARTMENT OF DEVELOPMENTAL SERVICES

Personal Services 500,472

T29 DEPARTMENT OF DEVELOPMENTAL SERVICES

Pilot Program for Autism Services

209,000

T30 DEPARTMENT OF DEVELOPMENTAL SERVICES

Community Residential Services

850,000

T31 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Other Expenses 25,000

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T32 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Elderly Rental Registry and Counselors

40,027

T33 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Statewide Marketing 2,000,000

T34 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

CT Association for the Performing Arts/ Shubert Theater

3,788

T35 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Hartford Urban Arts Grant

3,788

T36 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

New Britain Arts Council

757

T37 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Ivoryton Playhouse 1,500

T38 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Garde Arts Theatre 3,000

T39 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Congregate Facilities Operation Costs

16,417

T40 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Discovery Museum 3,788

T41 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

National Theatre for the Deaf

1,515

T42 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Culture, Tourism, and Arts Grant

20,000

T43 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

CT Trust for Historic Preservation

2,104

T44 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Connecticut Science Center

6,306

T45 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Bushnell Theater 2,500

T46 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Local Theatre Grant 5,000

T47 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Tax Abatement 175,000

T48 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Payment In Lieu Of Taxes

220,400

T49 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Greater Hartford Arts Council

947

T50 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Stamford Center for the Arts

3,788

T51 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Stepping Stones Museum for Children

443

T52 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Maritime Center Authority

5,315

T53 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Amistad Committee for the Freedom Trail

443

T54 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Amistad Vessel 3,788

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T55 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

New Haven Festival of Arts and Ideas

7,973

T56 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

New Haven Arts Council

947

T57 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Palace Theater 3,788

T58 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Beardsley Zoo 3,544

T59 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Mystic Aquarium 6,202

T60 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Twain/Stowe Homes 957

T61 DEPARTMENT OF EDUCATION Personal Services 279,083

T62 DEPARTMENT OF EDUCATION Teachers' Standards Implementation Program

18,363

T63 DEPARTMENT OF EDUCATION Development of Mastery Exams Grades 4, 6, and 8

952,528

T64 DEPARTMENT OF EDUCATION Resource Equity Assessments

60,000

T65 DEPARTMENT OF EDUCATION Longitudinal Data Systems

42,022

T66 DEPARTMENT OF EDUCATION Sheff Settlement 405,000

T67 DEPARTMENT OF EDUCATION Science Program for Educational Reform Districts

432,250

T68 DEPARTMENT OF EDUCATION Commissioner’s Network

2,425,000

T69 DEPARTMENT OF EDUCATION Talent Development 1,000,000

T70 DEPARTMENT OF EDUCATION American School For The Deaf

17,212

T71 DEPARTMENT OF EDUCATION Regional Education Services

47,231

T72 DEPARTMENT OF EDUCATION Education Equalization Grants

2,000,000

T73 DEPARTMENT OF EDUCATION Interdistrict Cooperation

1,000,000

T74 DEPARTMENT OF EDUCATION Magnet Schools 2,550,000

T75 DEPARTMENT OF EDUCATION After School Program 225,000

T76 DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION

Personal Services 720,000

T77 DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION

Stress Reduction 1,168

T78 DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION

Fleet Purchase 213,574

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T79 DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Personal Services 113,110

T80 DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Stream Gaging 9,978

T81 DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Emergency Spill Response

339,944

T82 DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Agreement USGS - Hydrological Study

7,773

T83 DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Agreement USGS-Water Quality Stream Monitoring

10,771

T84 DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Lobster Restoration 188,884

T85 DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES

Personal Services 578,387

T86 DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES

Housing Supports And Services

739,682

T87 DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES

Managed Service System

846,304

T88 DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES

Nursing Home Screening

31,139

T89 DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES

Jail Diversion 150,000

T90 DEPARTMENT OF MOTOR VEHICLES Personal Services 12,923

T91 DEPARTMENT OF PUBLIC HEALTH Personal Services 83,862

T92 DEPARTMENT OF PUBLIC HEALTH Childhood Lead Poisoning

3,392

T93 DEPARTMENT OF PUBLIC HEALTH Community Health Services

42,500

T94 DEPARTMENT OF PUBLIC HEALTH X-Ray Screening and Tuberculosis Care

52,121

T95 DEPARTMENT OF REVENUE SERVICES

Personal Services 117,711

T96 DEPARTMENT OF SOCIAL SERVICES Other Expenses 16,500,000

T97 DEPARTMENT OF SOCIAL SERVICES Transportation for Employment Independence Program

200,000

T98 DEPARTMENT OF SOCIAL SERVICES Disproportionate Share-Medical Emergency Assistance

53,697,369

T99 DEPARTMENT OF SOCIAL SERVICES Teen Pregnancy Prevention

50,000

T100 DEPARTMENT OF SOCIAL SERVICES Medicaid - Acute Care Services

34,420,000

T101 DEPARTMENT OF SOCIAL SERVICES Medicaid - Professional Medical Care

5,790,000

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T102 DEPARTMENT OF SOCIAL SERVICES Medicaid - Other Medical Services

4,545,000

T103 DEPARTMENT OF SOCIAL SERVICES Medicaid - Home and Community-Based Services

500,000

T104 DEPARTMENT OF SOCIAL SERVICES Medicaid - Other Long Term Care Facilities

500,000

T105 DEPARTMENT OF SOCIAL SERVICES Medicaid - Administrative Services & Adjustments

9,900,000

T106 DEPARTMENT OF VETERANS' AFFAIRS

Personal Services 37,796

T107 DEPARTMENT OF VETERANS' AFFAIRS

Burial Expenses 360

T108 DIVISION OF CRIMINAL JUSTICE Medicaid Fraud Control

64,268

T109 DIVISION OF CRIMINAL JUSTICE Cold Case Unit 64,000

T110 GOVERNOR'S OFFICE Personal Services 21,000

T111 LABOR DEPARTMENT Personal Services 286,782

T112 LABOR DEPARTMENT Other Expenses 21,082

T113 LABOR DEPARTMENT CETC Workforce 50,000

T114 LABOR DEPARTMENT Jobs First Employment Services

682,872

T115 LABOR DEPARTMENT Incumbent Worker Training

50,000

T116 LABOR DEPARTMENT Film Industry Training Program

350,313

T117 LIEUTENANT GOVERNOR'S OFFICE Other Expenses 1,623

T118 LIEUTENANT GOVERNOR'S OFFICE Health Reform and Innovation

49,802

T119 OFFICE OF GOVERNMENTAL ACCOUNTABILITY

Citizens' Election Fund Admin

55,945

T120 OFFICE OF GOVERNMENTAL ACCOUNTABILITY

Elections Enforcement Commission

26,460

T121 OFFICE OF GOVERNMENTAL ACCOUNTABILITY

Office of State Ethics 34,001

T122 OFFICE OF GOVERNMENTAL ACCOUNTABILITY

Freedom of Information Commission

45,004

T123 OFFICE OF GOVERNMENTAL ACCOUNTABILITY

Judicial Review Council

5,248

T124 OFFICE OF HIGHER EDUCATION Alternate Route to Certification

18,984

T125 OFFICE OF HIGHER EDUCATION Capitol Scholarship Program

236,117

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T126 OFFICE OF HIGHER EDUCATION Connecticut Independent College Student Grant

200,000

T127 OFFICE OF POLICY AND MANAGEMENT

Personal Services 22,741

T128 OFFICE OF POLICY AND MANAGEMENT

Innovation Challenge Grant Program

100,000

T129 OFFICE OF POLICY AND MANAGEMENT

Revenue Maximization 608,000

T130 OFFICE OF POLICY AND MANAGEMENT

Criminal Justice Information System

1,370,719

T131 OFFICE OF POLICY AND MANAGEMENT

Regional Planning Agencies

100,000

T132 OFFICE OF THE CHIEF MEDICAL EXAMINER

Medicolegal Investigations

1,441

T133 PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES

Personal Services 110,995

T134 RESERVE FOR SALARY ADJUSTMENTS

Reserve For Salary Adjustments

7,980,000

T135 STATE COMPTROLLER Personal Services 829,549

T136 STATE COMPTROLLER Other Expenses 170,901

T137 STATE COMPTROLLER Governmental Accounting Standards Board

979

T138 STATE COMPTROLLER - FRINGE BENEFITS

State Employees Health Service Cost

6,600,000

T139 STATE DEPT OF REHABILITATION Personal Services 38,222

T140 STATE LIBRARY State-Wide Digital Library

104,730

T141 STATE LIBRARY Interlibrary Loan Delivery Service

13,788

T142 STATE LIBRARY Legal/Legislative Library Materials

41,400

T143 TEACHERS' RETIREMENT BOARD Other Expenses 68,281

T144 UNIVERSITY OF CONNECTICUT HEALTH CENTER

Operating Expenses 4,121,609

T145

T146 General Fund 210,540,125

T147

T148 SPECIAL TRANSPORTATION FUND

T149

T150 DEPARTMENT OF TRANSPORTATION

Personal Services 337,090

T151 DEPARTMENT OF TRANSPORTATION

Equipment 489,061

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T152 DEPARTMENT OF TRANSPORTATION

Minor Capital Projects 60,361

T153 DEPARTMENT OF TRANSPORTATION

Highway and Bridge Renewal-Equipment

1623058

T154 DEPARTMENT OF TRANSPORTATION

Pay-As-You-Go Transportation Projects

2,999,278

T155 DEPARTMENT OF TRANSPORTATION

Transit Improvement Program

1,905,532

T156

T157 Special Transportation Fund

7,414,380

Sec. 2. Section 22-81a of the general statutes is repealed and the 6

following is substituted in lieu thereof (Effective from passage): 7

The Connecticut Agricultural Experiment Station shall, within 8

available appropriations and in accordance with the provisions of this 9

chapter, conduct surveillance and testing for the existence of 10

mosquitoes carrying the eastern equine encephalitis virus in 11

accordance with a plan developed and agreed upon by the 12

Commissioner of Energy and Environmental Protection, the 13

Commissioner of Public Health and the director of the Connecticut 14

Agricultural Experiment Station. Such plan shall specify procedures to 15

assure that any expenditures for surveillance and testing shall be 16

reasonable and prudent. The director of the Connecticut Agricultural 17

Experiment Station or any person authorized by him to implement the 18

provisions of this section may, at any reasonable time, enter any public 19

or private premises in the performance of his duty. 20

Sec. 3. Section 17b-242a of the general statutes, as amended by 21

section 13 of public act 12-1 of the June 12 special session, is repealed 22

and the following is substituted in lieu thereof (Effective from passage): 23

The Commissioner of Social Services shall establish prior 24

authorization procedures under the Medicaid program for home 25

health services, physical therapy, occupational therapy and speech 26

therapy. The Commissioner of Social Services may contract with an 27

entity for administration of any such aspect of prior authorization or 28

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may expand the scope of an existing contract with an entity that 29

performs utilization review services on behalf of the department. The 30

commissioner, pursuant to section 17b-10, may implement policies and 31

procedures necessary to administer the provisions of this section while 32

in the process of adopting such policies and procedures as regulations, 33

provided the commissioner prints notice of intent to adopt regulations 34

in the Connecticut Law Journal not later than twenty days after the 35

date of implementation. Policies and procedures implemented 36

pursuant to this section shall be valid until the time final regulations 37

are adopted. 38

Sec. 4. Subsection (d) of section 17b-239 of the 2012 supplement to 39

the general statutes, as amended by section 265 of public act 12-1 of the 40

June 12 special session, is repealed and the following is substituted in 41

lieu thereof (Effective from passage): 42

(d) The state shall also pay to such hospitals for each outpatient 43

clinic and emergency room visit a reasonable rate to be established 44

annually by the commissioner for each hospital, such rate to be 45

determined by the reasonable cost of such services. The emergency 46

room visit rates in effect June 30, 1991, shall remain in effect through 47

June 30, 1993, except those which would have been decreased effective 48

July 1, 1991, or July 1, 1992, shall be decreased. Nothing contained in 49

this subsection shall authorize a payment by the state for such services 50

to any hospital in excess of the charges made by such hospital for 51

comparable services to the general public. For those outpatient 52

hospital services paid on the basis of a ratio of cost to charges, the 53

ratios in effect June 30, 1991, shall be reduced effective July 1, 1991, by 54

the most recent annual increase in the consumer price index for 55

medical care. For those outpatient hospital services paid on the basis of 56

a ratio of cost to charges, the ratios computed to be effective July 1, 57

1994, shall be reduced by the most recent annual increase in the 58

consumer price index for medical care. The emergency room visit rates 59

in effect June 30, 1994, shall remain in effect through December 31, 60

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1994. The Commissioner of Social Services shall establish a fee 61

schedule for outpatient hospital services to be effective on and after 62

January 1, 1995, and may annually modify such fee schedule if such 63

modification is needed to ensure that the conversion to an 64

administrative services organization is cost neutral to hospitals in the 65

aggregate and ensures patient access. Utilization [shall not] may be a 66

factor in determining cost neutrality for the fiscal year ending June 30, 67

2013. Except with respect to the rate periods beginning July 1, 1999, 68

and July 1, 2000, such fee schedule shall be adjusted annually 69

beginning July 1, 1996, to reflect necessary increases in the cost of 70

services. Notwithstanding the provisions of this subsection, the fee 71

schedule for the rate period beginning July 1, 2000, shall be increased 72

by ten and one-half per cent, effective June 1, 2001. Notwithstanding 73

the provisions of this subsection, outpatient rates in effect as of June 30, 74

2003, shall remain in effect through June 30, 2005. Effective July 1, 2006, 75

subject to available appropriations, the commissioner shall increase 76

outpatient service fees for services that may include clinic, emergency 77

room, magnetic resonance imaging, and computerized axial 78

tomography. 79

Sec. 5. Subsection (b) of section 17b-239e of the 2012 supplement to 80

the general statutes is repealed and the following is substituted in lieu 81

thereof (Effective from passage): 82

(b) The commissioner may establish a blended in-patient hospital 83

case rate that includes services provided to all Medicaid recipients and 84

may exclude certain diagnoses as determined by the commissioner if 85

the establishment of such rates is needed to ensure that the conversion 86

to an administrative services organization is cost neutral to hospitals in 87

the aggregate and ensures patient access. Utilization [shall not] may 88

be a factor in determining cost neutrality for the fiscal year ending June 89

30, 2013. 90

Sec. 6. Subsection (a) of section 17b-242 of the 2012 supplement to 91

the general statutes is repealed and the following is substituted in lieu 92

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thereof (Effective from passage): 93

(a) The Department of Social Services shall determine the rates to be 94

paid to home health care agencies and homemaker-home health aide 95

agencies by the state or any town in the state for persons aided or 96

cared for by the state or any such town. For the period from February 97

1, 1991, to January 31, 1992, inclusive, payment for each service to the 98

state shall be based upon the rate for such service as determined by the 99

Office of Health Care Access, except that for those providers whose 100

Medicaid rates for the year ending January 31, 1991, exceed the median 101

rate, no increase shall be allowed. For those providers whose rates for 102

the year ending January 31, 1991, are below the median rate, increases 103

shall not exceed the lower of the prior rate increased by the most 104

recent annual increase in the consumer price index for urban 105

consumers or the median rate. In no case shall any such rate exceed the 106

eightieth percentile of rates in effect January 31, 1991, nor shall any rate 107

exceed the charge to the general public for similar services. Rates 108

effective February 1, 1992, shall be based upon rates as determined by 109

the Office of Health Care Access, except that increases shall not exceed 110

the prior year's rate increased by the most recent annual increase in the 111

consumer price index for urban consumers and rates effective 112

February 1, 1992, shall remain in effect through June 30, 1993. Rates 113

effective July 1, 1993, shall be based upon rates as determined by the 114

Office of Health Care Access except if the Medicaid rates for any 115

service for the period ending June 30, 1993, exceed the median rate for 116

such service, the increase effective July 1, 1993, shall not exceed one 117

per cent. If the Medicaid rate for any service for the period ending June 118

30, 1993, is below the median rate, the increase effective July 1, 1993, 119

shall not exceed the lower of the prior rate increased by one and one-120

half times the most recent annual increase in the consumer price index 121

for urban consumers or the median rate plus one per cent. The 122

Commissioner of Social Services shall establish a fee schedule for home 123

health services to be effective on and after July 1, 1994. The 124

commissioner may annually modify such fee schedule if such 125

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modification is needed to ensure that the conversion to an 126

administrative services organization is cost neutral to home health care 127

agencies and homemaker-home health aide agencies in the aggregate 128

and ensures patient access. Utilization [shall not] may be a factor in 129

determining cost neutrality for the fiscal year ending June 30, 2013. The 130

commissioner shall increase the fee schedule for home health services 131

provided under the Connecticut home-care program for the elderly 132

established under section 17b-342, effective July 1, 2000, by two per 133

cent over the fee schedule for home health services for the previous 134

year. The commissioner may increase any fee payable to a home health 135

care agency or homemaker-home health aide agency upon the 136

application of such an agency evidencing extraordinary costs related to 137

(1) serving persons with AIDS; (2) high-risk maternal and child health 138

care; (3) escort services; or (4) extended hour services. In no case shall 139

any rate or fee exceed the charge to the general public for similar 140

services. A home health care agency or homemaker-home health aide 141

agency which, due to any material change in circumstances, is 142

aggrieved by a rate determined pursuant to this subsection may, 143

within ten days of receipt of written notice of such rate from the 144

Commissioner of Social Services, request in writing a hearing on all 145

items of aggrievement. The commissioner shall, upon the receipt of all 146

documentation necessary to evaluate the request, determine whether 147

there has been such a change in circumstances and shall conduct a 148

hearing if appropriate. The Commissioner of Social Services shall 149

adopt regulations, in accordance with chapter 54, to implement the 150

provisions of this subsection. The commissioner may implement 151

policies and procedures to carry out the provisions of this subsection 152

while in the process of adopting regulations, provided notice of intent 153

to adopt the regulations is published in the Connecticut Law Journal 154

within twenty days of implementing the policies and procedures. Such 155

policies and procedures shall be valid for not longer than nine months. 156

Sec. 7. Subsection (a) of section 17b-261m of the 2012 supplement to 157

the general statutes is repealed and the following is substituted in lieu 158

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thereof (Effective from passage): 159

(a) The Commissioner of Social Services may contract with one or 160

more administrative services organizations to provide care 161

coordination, utilization management, disease management, customer 162

service and review of grievances for recipients of assistance under 163

Medicaid, HUSKY Plan, Parts A and B, and the Charter Oak Health 164

Plan. Such organization may also provide network management, 165

credentialing of providers, monitoring of copayments and premiums 166

and other services as required by the commissioner. Subject to 167

approval by applicable federal authority, the Department of Social 168

Services shall utilize the contracted organization's provider network 169

and billing systems in the administration of the program. In order to 170

implement the provisions of this section, the commissioner may 171

establish rates of payment to providers of medical services under this 172

section if the establishment of such rates is required to ensure that any 173

contract entered into with an administrative services organization 174

pursuant to this section is cost neutral to such providers in the 175

aggregate and ensures patient access. Utilization [shall not] may be a 176

factor in determining cost neutrality for the fiscal year ending June 30, 177

2013. 178

Sec. 8. (NEW) (Effective from passage) (a) Customized wheelchairs 179

shall be covered under the Medicaid program only when a standard 180

wheelchair will not meet an individual's needs as determined by the 181

Department of Social Services. Assessment of the need for a 182

customized wheelchair may be performed by a vendor or nursing 183

facility only if specifically requested by the department. Wheelchair 184

repairs and parts replacements may be subject to review and approval 185

by the department. Refurbished wheelchairs, parts and components 186

shall be utilized whenever practicable. 187

(b) The commissioner, pursuant to section 17b-10 of the general 188

statutes, may implement policies and procedures necessary to 189

administer the provisions of this section while in the process of 190

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adopting such policies and procedures as regulations, provided the 191

commissioner prints notice of intent to adopt regulations in the 192

Connecticut Law Journal not later than twenty days after the date of 193

implementation. Policies and procedures implemented pursuant to 194

this section shall be valid until the time final regulations are adopted. 195

Sec. 9. Section 17b-28e of the 2012 supplement to the general statutes 196

is repealed and the following is substituted in lieu thereof (Effective 197

from passage): 198

(a) The Commissioner of Social Services shall amend the Medicaid 199

state plan to include, on and after January 1, 2009, hospice services as 200

optional services covered under the Medicaid program. Said state plan 201

amendment shall supersede any regulations of Connecticut state 202

agencies concerning such optional services. From January 1, 2013, to 203

June 30, 2013, inclusive, hospice services covered under the Medicaid 204

program for individuals who are residents in long-term care facilities 205

shall be paid at a rate that is ninety-five per cent of the facility's per 206

diem rate. 207

(b) Effective July 1, 2013, the Commissioner of Social Services shall 208

amend the Medicaid state plan to include foreign language interpreter 209

services provided to any beneficiary with limited English proficiency 210

as a covered service under the Medicaid program. Not later than July 211

1, 2013, the commissioner shall develop and implement the use of 212

medical billing codes for foreign language interpreter services. 213

(c) Effective July 1, 2013, the Department of Social Services shall 214

report, in accordance with the provisions of section 11-4a, semi-215

annually, to the Council on Medical Assistance Program Oversight on 216

the foreign language interpreter services provided to recipients of 217

benefits under the program. 218

(d) Not later than October 1, 2011, the Commissioner of Social 219

Services shall amend the Medicaid state plan to include podiatry as an 220

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optional service under the Medicaid program. 221

(e) The Commissioner of Social Services shall amend the Medicaid 222

state plan to provide that chiropractic services shall be covered under 223

the Medicaid program only to the extent required by federal law. 224

Sec. 10. (NEW) (Effective from passage) (a) On or before February 1, 225

2013, and on January first annually thereafter, each federally qualified 226

health center shall file with the Department of Social Services the 227

following documents for the previous state fiscal year: (1) Medicaid 228

cost report; (2) audited financial statements; and (3) any additional 229

information reasonably required by the department. 230

(b) Each federally qualified health center shall provide to the 231

Department of Social Services a copy of its original scope of project, as 232

approved by the federal Health Resources and Services 233

Administration, and all subsequently approved amendments to its 234

original scope of project. Each federally qualified health center shall 235

notify the department, in writing, of all approvals for additional 236

amendments to its scope of project, and provide to the department a 237

copy of such amended scope of project, not later than thirty days after 238

such approvals. 239

(c) If there is an increase or a decrease in the scope of services 240

furnished by a federally qualified health center, the federally qualified 241

health center shall notify the Department of Social Services, in writing, 242

of any such increase or decrease not later than thirty days after such 243

increase or decrease and provide any additional information 244

reasonably requested by the department not later than thirty days after 245

the request. 246

(d) The Commissioner of Social Services may impose a civil penalty 247

of five hundred dollars per day on any federally qualified health center 248

that fails to provide any information required pursuant to this section 249

not later than thirty days after the date such information is due. 250

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(e) The department may adjust a federally qualified health center's 251

encounter rate based upon an increase or decrease in the scope of 252

services furnished by the federally qualified health center, in 253

accordance with 42 USC 1396a(bb)(3)(B), following receipt of the 254

written notification described in subsection (c) of this section or based 255

upon the department's review of documents filed in accordance with 256

subsections (a) and (b) of this section. 257

(f) The Commissioner of Social Services shall implement policies 258

and procedures necessary to administer the provisions of this section 259

while in the process of adopting such policies and procedures as 260

regulations, provided the commissioner prints notice of intent to adopt 261

regulations in the Connecticut Law Journal not later than twenty days 262

after the date of implementation. Policies and procedures implemented 263

pursuant to this section shall be valid until the time final regulations 264

are adopted. 265

Sec. 11. Subsection (k) of section 10-264l of the 2012 supplement to 266

the general statutes, as amended by section 19 of public act 12-120, is 267

repealed and the following is substituted in lieu thereof (Effective from 268

passage): 269

(k) For the fiscal year ending June 30, 2009, any tuition charged to a 270

local or regional board of education by a regional educational service 271

center operating an interdistrict magnet school shall be in an amount 272

equal to at least seventy-five per cent of the difference between (1) the 273

average per pupil expenditure of the magnet school for the prior fiscal 274

year, and (2) the amount of any per pupil state subsidy calculated 275

under subsection (c) of this section plus any revenue from other 276

sources calculated on a per pupil basis. For the fiscal year ending June 277

30, 2010, any tuition charged to a local or regional board of education 278

by a regional educational service center operating an interdistrict 279

magnet school for any student enrolled in such interdistrict magnet 280

school shall be in an amount equal to at least ninety per cent of the 281

difference between (A) the average per pupil expenditure of the 282

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magnet school for the prior fiscal year, and (B) the amount of any per 283

pupil state subsidy calculated under subsection (c) of this section plus 284

any revenue from other sources calculated on a per pupil basis. For the 285

fiscal year ending June 30, 2011, and each fiscal year thereafter, any 286

tuition charged to a local or regional board of education by a regional 287

educational service center operating an interdistrict magnet school or 288

any tuition charged by the Hartford school district operating the Great 289

Path Academy on behalf of Manchester Community College for any 290

student enrolled in a preschool program or in kindergarten to grade 291

twelve, inclusive, in such interdistrict magnet school shall be in an 292

amount equal to the difference between (i) the average per pupil 293

expenditure of the magnet school for the prior fiscal year, and (ii) the 294

amount of any per pupil state subsidy calculated under subsection (c) 295

of this section plus any revenue from other sources calculated on a per 296

pupil basis. If any such board of education fails to pay such tuition, the 297

commissioner may withhold from such board's town or towns a sum 298

payable under section 10-262i in an amount not to exceed the amount 299

of the unpaid tuition to the magnet school and pay such money to the 300

fiscal agent for the magnet school as a supplementary grant for the 301

operation of the interdistrict magnet school program. In no case shall 302

the sum of such tuitions exceed the difference between (I) the total 303

expenditures of the magnet school for the prior fiscal year, and (II) the 304

total per pupil state subsidy calculated under subsection (c) of this 305

section plus any revenue from other sources. The commissioner may 306

conduct a comprehensive financial review of the operating budget of a 307

magnet school to verify such tuition rate. 308

Sec. 12. Subsection (o) of section 10-264l of the 2012 supplement to 309

the general statutes, as amended by section 20 of public act 12-120, is 310

repealed and the following is substituted in lieu thereof (Effective from 311

passage): 312

(o) For the school years commencing July 1, 2009, to July 1, 2012, 313

inclusive, the Hartford school district shall not charge tuition for any 314

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student enrolled in a preschool program or in kindergarten to grade 315

twelve, inclusive, in an interdistrict magnet school operated by such 316

school district, except the Hartford school district may charge tuition 317

for any student enrolled in the Great Path Academy. 318

Sec. 13. Section 10-264o of the 2012 supplement to the general 319

statutes is repealed and the following is substituted in lieu thereof 320

(Effective from passage): 321

Notwithstanding any provision of this chapter, interdistrict magnet 322

schools that begin operations on or after July 1, 2008, pursuant to the 323

2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et 324

al., as determined by the Commissioner of Education, may operate 325

without district participation agreements and enroll students from any 326

district through a lottery designated by the commissioner. For the 327

fiscal year ending June 30, 2009, any tuition charged to a local or 328

regional board of education by a regional educational service center 329

operating such an interdistrict magnet school shall be in an amount 330

equal to at least seventy-five per cent of the difference between the 331

estimated per pupil cost less the state magnet grant pursuant to 332

subsection (c) of section 10-264l and any revenue from other sources as 333

determined by the interdistrict magnet school operator. For the fiscal 334

year ending June 30, 2010, any tuition charged to a local or regional 335

board of education by a regional educational service center operating 336

an interdistrict magnet school for any student enrolled in such 337

interdistrict magnet school shall be in an amount equal to at least 338

ninety per cent of the difference between (1) the average per pupil 339

expenditure of the magnet school for the prior fiscal year, and (2) the 340

amount of any per pupil state subsidy calculated under subsection (c) 341

of section 10-264l plus any revenue from other sources calculated on a 342

per pupil basis. For the fiscal year ending June 30, 2011, and each fiscal 343

year thereafter, any tuition charged to a local or regional board of 344

education by a regional educational service center operating an 345

interdistrict magnet school for any student enrolled in a preschool 346

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program or in kindergarten to grade twelve, inclusive, in such 347

interdistrict magnet school shall be in an amount equal to the 348

difference between (A) the average per pupil expenditure of the 349

magnet school for the prior fiscal year, and (B) the amount of any per 350

pupil state subsidy calculated under subsection (c) of section 10-264l 351

plus any revenue from other sources calculated on a per pupil basis. If 352

any such board of education fails to pay such tuition, the 353

commissioner may withhold from such board's town or towns a sum 354

payable under section 10-262i in an amount not to exceed the amount 355

of the unpaid tuition to the magnet school and pay such money to the 356

fiscal agent for the magnet school as a supplementary grant for the 357

operation of the interdistrict magnet school program. In no case shall 358

the sum of such tuitions exceed the difference between (i) the total 359

expenditures of the magnet school for the prior fiscal year, and (ii) the 360

total per pupil state subsidy calculated under subsection (c) of section 361

10-264l plus any revenue from other sources. The commissioner may 362

conduct a comprehensive review of the operating budget of a magnet 363

school to verify such tuition rate. 364

Sec. 14. (Effective from passage) Notwithstanding the provisions of 365

subsection (f) of section 4-89 of the general statutes, the sum of 366

$236,117 appropriated in section 67 of public act 11-61, as amended by 367

section 1 of public act 12-104 and section 1 of public act 12-1 of the June 368

12 special session, to the Office of Higher Education, for Capitol 369

Scholarship Program, for the fiscal year ending June 30, 2013, shall be 370

credited to the resources of the General Fund for the fiscal year ending 371

June 30, 2013. 372

Sec. 15. (Effective from passage) Notwithstanding the provisions of 373

section 4-66k of the general statutes, the sum of $7,500,000 shall be 374

transferred from the regional performance incentive account and 375

credited to the resources of the General Fund for the fiscal year ending 376

June 30, 2013. 377

Sec. 16. (Effective from passage) The sum of $1,200,000 shall be 378

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transferred from the State Banking Fund, established under section 379

36a-65 of the general statutes, and credited to the resources of the 380

General Fund for the fiscal year ending June 30, 2013. 381

Sec. 17. (Effective from passage) The sum of $450,000 shall be 382

transferred from the Workers' Compensation Administration Fund, 383

established under section 31-344a of the general statutes, and credited 384

to the resources of the General Fund for the fiscal year ending June 30, 385

2013. 386

Sec. 18. (Effective from passage) The sum of $2,300,000 shall be 387

transferred from the Consumer Counsel and Public Utility Control 388

Fund, established under section 16-48a of the general statutes, and 389

credited to the resources of the General Fund for the fiscal year ending 390

June 30, 2013. 391

Sec. 19. (Effective from passage) The sum of $500,000 shall be 392

transferred from the Insurance Fund, established under section 38a-52a 393

of the general statutes, and credited to the resources of the General 394

Fund for the fiscal year ending June 30, 2013. 395

Sec. 20. (Effective from passage) Any balance remaining in the boating 396

account administered by the Department of Energy and 397

Environmental Protection shall be transferred from said account and 398

credited to the resources of the General Fund for the fiscal year ending 399

June 30, 2013. 400

Sec. 21. (Effective from passage) Any balance remaining in the fuel oil 401

conservation account administered by the office of the State 402

Comptroller shall be transferred from said account and credited to the 403

resources of the General Fund for the fiscal year ending June 30, 2013. 404

Sec. 22. Subsection (a) of section 17b-280 of the 2012 supplement to 405

the general statutes, as amended by section 18 of public act 12-1 of the 406

June 12 special session, is repealed and the following is substituted in 407

lieu thereof (Effective from passage): 408

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(a) The state shall reimburse for all legend drugs provided under 409

medical assistance programs administered by the Department of Social 410

Services at the lower of (1) the rate established by the Centers for 411

Medicare and Medicaid Services as the federal acquisition cost, (2) the 412

average wholesale price minus sixteen per cent, or (3) an equivalent 413

percentage as established under the Medicaid state plan. 414

Notwithstanding the provisions of this section, contingent upon 415

federal approval, on and after October 1, 2012, for independent 416

pharmacies, the state shall reimburse for such legend drugs at the 417

lower of (A) the rate established by the Centers for Medicare and 418

Medicaid Services as the federal acquisition cost, (B) the average 419

wholesale price minus [fourteen] fifteen per cent, or (C) an equivalent 420

percentage as established under the Medicaid state plan. The state 421

shall pay a professional fee of [two dollars] one dollar and seventy 422

cents to licensed pharmacies for each prescription dispensed to a 423

recipient of benefits under a medical assistance program administered 424

by the Department of Social Services in accordance with federal 425

regulations. On and after September 4, 1991, payment for legend and 426

nonlegend drugs provided to Medicaid recipients shall be based upon 427

the actual package size dispensed. Effective October 1, 1991, 428

reimbursement for over-the-counter drugs for such recipients shall be 429

limited to those over-the-counter drugs and products published in the 430

Connecticut Formulary, or the cross reference list, issued by the 431

commissioner. The cost of all over-the-counter drugs and products 432

provided to residents of nursing facilities, chronic disease hospitals, 433

and intermediate care facilities for the mentally retarded shall be 434

included in the facilities' per diem rate. Notwithstanding the 435

provisions of this subsection, no dispensing fee shall be issued for a 436

prescription drug dispensed to a ConnPACE or Medicaid recipient 437

who is a Medicare Part D beneficiary when the prescription drug is a 438

Medicare Part D drug, as defined in Public Law 108-173, the Medicare 439

Prescription Drug, Improvement, and Modernization Act of 2003. 440

Sec. 23. Section 13b-61c of the 2012 supplement to the general 441

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statutes, as amended by section 20 of public act 12-104, is repealed and 442

the following is substituted in lieu thereof (Effective from passage): 443

(a) For the fiscal year ending June 30, 2010, the Comptroller shall 444

transfer the sum of seventy-one million two hundred thousand dollars 445

from the resources of the General Fund to the Special Transportation 446

Fund. 447

(b) For the fiscal year ending June 30, 2011, the Comptroller shall 448

transfer the sum of one hundred seven million five hundred fifty 449

thousand dollars from the resources of the General Fund to the Special 450

Transportation Fund. 451

(c) For the fiscal year ending June 30, 2012, the Comptroller shall 452

transfer the sum of eighty-one million five hundred fifty thousand 453

dollars from the resources of the General Fund to the Special 454

Transportation Fund. 455

(d) For the fiscal year ending June 30, 2013, the Comptroller shall 456

transfer the sum of [one hundred two million six hundred fifty-nine] 457

ninety-five million two hundred forty-five thousand dollars from the 458

resources of the General Fund to the Special Transportation Fund. 459

(e) For the fiscal year ending June 30, 2014, and annually thereafter, 460

the Comptroller shall transfer the sum of one hundred seventy-two 461

million eight hundred thousand dollars from the resources of the 462

General Fund to the Special Transportation Fund. 463

Sec. 24. Subsection (c) of section 17a-114 of the 2012 supplement to 464

the general statutes is repealed and the following is substituted in lieu 465

thereof (Effective January 1, 2013): 466

(c) Notwithstanding the requirements of subsection (b) of this 467

section, the commissioner may place a child with a relative who is not 468

licensed, a nonrelative, if such child's sibling who is related to the 469

caregiver is also placed with such caregiver or with a special study 470

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foster parent, [for a period of up to ninety days] when such placement 471

is in the best interests of the child, provided a satisfactory home visit is 472

conducted, a basic assessment of the family is completed and such 473

relative, nonrelative or special study foster parent attests that such 474

relative, nonrelative or special study foster parent and any adult living 475

within the household has not been convicted of a crime or arrested for 476

a felony against a person, for injury or risk of injury to or impairing the 477

morals of a child, or for the possession, use or sale of a controlled 478

substance. Any such relative, nonrelative or special study foster parent 479

who accepts placement of a child [in excess of such ninety-day period] 480

shall be subject to licensure by the commissioner, [except that any such 481

relative who, prior to July 1, 2001, had been certified by the 482

commissioner to provide care for a related child may continue to 483

maintain such certification if such relative continues to meet the 484

regulatory requirements and the child remains in such relative's care] 485

pursuant to regulations adopted by the commissioner in accordance 486

with the provisions of chapter 54 to implement the provisions of this 487

section. The commissioner may grant a waiver from such [procedure 488

or standard] regulations, including any standard regarding separate 489

bedrooms or room-sharing arrangements, for a child placed with a 490

relative, on a case-by-case basis, if such placement is otherwise in the 491

best interests of such child, provided no procedure or standard that is 492

safety-related may be so waived. [The reason for any waiver granted 493

pursuant to this section shall be documented in writing. The 494

commissioner shall adopt regulations, in accordance with the 495

provisions of chapter 54, to establish certification procedures and 496

standards for a caregiver under this section.] The commissioner shall 497

document, in writing, the reason for granting any waiver from such 498

regulations. For purposes of this subsection, "sibling" includes a 499

stepbrother, stepsister, half-brother or half-sister. 500

Sec. 25. (NEW) (Effective from passage) (a) The Commissioner of 501

Social Services shall only authorize payment for the mode of 502

transportation service that is medically necessary for a recipient of 503

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assistance under a medical assistance program administered by the 504

Department of Social Services. Notwithstanding the provisions of 505

chapters 319v and 368d of the general statutes, a recipient who 506

requires nonemergency transportation and must be transported in a 507

prone position but who does not require medical services during 508

transport may be transported in a stretcher van. The commissioner 509

shall establish rates for nonemergency transportation provided by 510

stretcher van. 511

(b) Notwithstanding the provisions of chapter 368d of the general 512

statutes, the Commissioner of Transportation, in consultation with the 513

Commissioner of Public Health, shall adopt regulations, in accordance 514

with chapter 54 of the general statutes, to establish oversight of 515

stretcher vans as a livery service for which a permit is required. Such 516

regulations shall prescribe safety standards for stretcher vans, 517

including, but not limited to, a requirement that an attendant, in 518

addition to the driver, accompany any person transported in a 519

stretcher van. 520

Sec. 26. Subsection (a) of section 19a-180 of the general statutes is 521

repealed and the following is substituted in lieu thereof (Effective from 522

passage): 523

(a) No person shall operate any ambulance service, rescue service or 524

management service [or otherwise transport in a motor vehicle a 525

patient on a stretcher] without either a license or a certificate issued by 526

the commissioner. No person shall operate a commercial ambulance 527

service or commercial rescue service or a management service without 528

a license issued by the commissioner. A certificate shall be issued to 529

any volunteer or municipal ambulance service which shows proof 530

satisfactory to the commissioner that it meets the minimum standards 531

of the commissioner in the areas of training, equipment and personnel. 532

No license or certificate shall be issued to any volunteer, municipal or 533

commercial ambulance service, rescue service or management service, 534

as defined in subdivision (19) of section 19a-175, unless it meets the 535

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requirements of subsection (e) of section 14-100a. Applicants for a 536

license shall use the forms prescribed by the commissioner and shall 537

submit such application to the commissioner accompanied by an 538

annual fee of two hundred dollars. In considering requests for 539

approval of permits for new or expanded emergency medical services 540

in any region, the commissioner shall consult with the Office of 541

Emergency Medical Services and the emergency medical services 542

council of such region and shall hold a public hearing to determine the 543

necessity for such services. Written notice of such hearing shall be 544

given to current providers in the geographic region where such new or 545

expanded services would be implemented, provided, any volunteer 546

ambulance service which elects not to levy charges for services 547

rendered under this chapter shall be exempt from the provisions 548

concerning requests for approval of permits for new or expanded 549

emergency medical services set forth in this subsection. A primary 550

service area responder that operates in the service area identified in the 551

application shall, upon request, be granted intervenor status with 552

opportunity for cross-examination. Each applicant for licensure shall 553

furnish proof of financial responsibility which the commissioner 554

deems sufficient to satisfy any claim. The commissioner may adopt 555

regulations, in accordance with the provisions of chapter 54, to 556

establish satisfactory kinds of coverage and limits of insurance for each 557

applicant for either licensure or certification. Until such regulations are 558

adopted, the following shall be the required limits for licensure: (1) For 559

damages by reason of personal injury to, or the death of, one person on 560

account of any accident, at least five hundred thousand dollars, and 561

more than one person on account of any accident, at least one million 562

dollars, (2) for damage to property at least fifty thousand dollars, and 563

(3) for malpractice in the care of one passenger at least two hundred 564

fifty thousand dollars, and for more than one passenger at least five 565

hundred thousand dollars. In lieu of the limits set forth in subdivisions 566

(1) to (3), inclusive, of this subsection, a single limit of liability shall be 567

allowed as follows: (A) For damages by reason of personal injury to, or 568

death of, one or more persons and damage to property, at least one 569

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million dollars; and (B) for malpractice in the care of one or more 570

passengers, at least five hundred thousand dollars. A certificate of such 571

proof shall be filed with the commissioner. Upon determination by the 572

commissioner that an applicant is financially responsible, properly 573

certified and otherwise qualified to operate a commercial ambulance 574

service, rescue service or management service, the commissioner shall 575

issue the appropriate license effective for one year to such applicant. If 576

the commissioner determines that an applicant for either a certificate 577

or license is not so qualified, the commissioner shall notify such 578

applicant of the denial of the application with a statement of the 579

reasons for such denial. Such applicant shall have thirty days to 580

request a hearing on the denial of the application. 581

Sec. 27. (Effective from passage) Notwithstanding the provisions of 582

section 14-50b of the general statutes, the sum of $4,700,000 shall be 583

transferred from the school bus seat belt account established in said 584

section 14-50b and credited to the resources of the General Fund for 585

the fiscal year ending June 30, 2013. 586

Sec. 28. (Effective from passage) Notwithstanding subsection (b) of 587

section 16-331bb of the general statutes, the amount to be deposited 588

into the municipal video competition trust account established in 589

section 16-331bb of the general statutes shall not exceed $3,500,000 for 590

the fiscal year ending June 30, 2013. 591

Sec. 29. (Effective from passage) Notwithstanding the provisions of 592

section 16-331cc of the general statutes, the sum of $3,600,000 shall be 593

transferred from the public, educational and governmental 594

programming and education technology investment account and 595

credited to the resources of the General Fund for the fiscal year ending 596

June 30, 2013. 597

Sec. 30. (Effective from passage) The sum of $2,000,000 shall be 598

transferred from the Biomedical Research Trust Fund and credited to 599

the resources of the General Fund for the fiscal year ending June 30, 600

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2013. 601

Sec. 31. Subdivision (1) of subsection (d) of section 10-66ee of the 602

2012 supplement to the general statutes, as amended by section 29 of 603

public act 12-116 and section 19 of public act 12-2 of the June 12 special 604

session, is repealed and the following is substituted in lieu thereof 605

(Effective from passage): 606

(d) (1) For the purposes of equalization aid grants pursuant to 607

section 10-262h, the state shall pay in accordance with this subsection, 608

to the town in which a state charter school is located for each student 609

enrolled in such school, for the fiscal year ending June 30, 2013, ten 610

thousand [five] two hundred dollars, for the fiscal year ending June 30, 611

2014, eleven thousand dollars, and for the fiscal year ending June 30, 612

2015, and each fiscal year thereafter, eleven thousand five hundred 613

dollars. Such payments shall be made as follows: Twenty-five per cent 614

of the amount not later than July fifteenth and September first based 615

on estimated student enrollment on May first, and twenty-five per cent 616

of the amount not later than January first and the remaining amount 617

not later than April fifteenth, each based on student enrollment on 618

October first. Notwithstanding the provisions of this subdivision, the 619

payment of the remaining amount made not later than April 15, 2013, 620

shall be within available appropriations and may be adjusted for each 621

student on a pro rata basis. 622

Sec. 32. Section 5-213 of the general statutes is repealed and the 623

following is substituted in lieu thereof (Effective from passage): 624

[(a) Notwithstanding the provisions of section 5-212, each employee 625

in the state service who has completed not less than ten years of state 626

service and who is not included in any collective bargaining unit, 627

except those employees whose compensation is prescribed by statute, 628

shall receive semiannual lump-sum longevity payments based on 629

service completed as of the first day of April and the first day of 630

October of each year, as follows: 631

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(1) An employee who has completed ten or more years but less than 632

fifteen years of state service shall receive seventy-five dollars or an 633

amount determined in accordance with the longevity rate schedule 634

established for his class of position by the Commissioner of 635

Administrative Services, whichever is greater, except that a managerial 636

employee shall receive an amount determined in accordance with the 637

longevity rate schedule established for his class of position by said 638

commissioner; 639

(2) An employee who has completed fifteen or more years but less 640

than twenty years of state service shall receive one hundred fifty 641

dollars or an amount determined in accordance with the longevity rate 642

schedule established for his class of position by the Commissioner of 643

Administrative Services, whichever is greater, except that a managerial 644

employee shall receive an amount determined in accordance with the 645

longevity rate schedule established for his class of position by said 646

commissioner; 647

(3) An employee who has completed twenty or more years but less 648

than twenty-five years of state service shall receive two hundred 649

twenty-five dollars or an amount determined in accordance with the 650

longevity rate schedule established for the employee's class of position 651

by the Commissioner of Administrative Services, whichever is greater, 652

except that a managerial employee shall receive an amount determined 653

in accordance with the longevity rate schedule established for the 654

employee's class of position by said commissioner; 655

(4) An employee who has completed twenty-five or more years of 656

state service shall receive three hundred dollars or an amount 657

determined in accordance with the longevity rate schedule established 658

for his class of position by the Commissioner of Administrative 659

Services, whichever is greater, except that a managerial employee shall 660

receive an amount determined in accordance with the longevity rate 661

schedule established for his class of position by said commissioner. 662

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(b) The semiannual longevity lump-sum payments shall be made on 663

the last regular pay day in April and October of each year, except that 664

a retired employee shall receive, in the month immediately following 665

retirement, a prorated payment based on the proportion of the six-666

month period served prior to the effective date of his retirement. 667

(c) Part-time, seasonal or intermittent state service shall be credited 668

as state service for the purposes of this section when such part-time, 669

seasonal or intermittent service, accumulated, totals the calendar years 670

herein above specified. 671

(d) The term of employment in state service shall be construed to 672

include, in the case of an employee of the radiological maintenance 673

and calibration facility, the term of his service from the date upon 674

which he began work at said facility under individual contract with 675

the Commissioner of Emergency Services and Public Protection, upon 676

receipt of data satisfactory to the Commissioner of Administrative 677

Services showing the time such employee worked for said facility. All 678

records of the state which show the length of service in the 679

employment of the state of any employee of said facility shall be 680

maintained to show the length of such service and the total time of 681

state service.] 682

(a) Notwithstanding the provisions of section 5-212, each employee 683

in the state service who has completed not less than ten years of state 684

service and who is not included in any collective bargaining unit, 685

except those employees whose compensation is prescribed by statute, 686

shall receive a lump-sum longevity payment on the last regular pay 687

day of April 2013, based on service completed as of the first day of 688

April 2011, determined in accordance with the longevity rate schedule 689

established for the employee's class of position by the Commissioner of 690

Administrative Services, except that a retired employee who retired 691

between October 1, 2012, and March 31, 2013, inclusive, shall receive, 692

in the month immediately following retirement, a prorated payment 693

based on the proportion of the six-month period served prior to the 694

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effective date of the employee's retirement. 695

(b) No longevity payment shall be made to any employee in the 696

state service who is not included in any collective bargaining unit for 697

service completed on or after April 1, 2013. 698

Sec. 33. (Effective from passage) Notwithstanding the provisions of 699

subsection (p) of section 5-200 and sections 31-277, 51-279, 51-287a and 700

51-295b of the general statutes, the Commissioner of Administrative 701

Services and the Secretary of the Office of Policy and Management 702

shall eliminate longevity payments for classified and unclassified 703

officers and employees of the executive branch, the constituent units of 704

higher education and the Board of Regents for Higher Education who 705

are not included in any collective bargaining unit for service 706

completed on or after April 1, 2013. 707

Sec. 34. (Effective from passage) Notwithstanding the provisions of 708

sections 45a-75, 46b-233, 51-12 and 51-47 of the general statutes, the 709

Chief Court Administrator or the judges of the Supreme Court shall 710

eliminate longevity payments for officers and employees of the Judicial 711

Department who are not included in any collective bargaining unit for 712

service completed on or after April 1, 2013. 713

Sec. 35. (Effective from passage) Notwithstanding any provision of the 714

general statutes, the Joint Committee on Legislative Management shall 715

eliminate longevity payments for employees of the legislative branch 716

for service completed on or after April 1, 2013. 717

Sec. 36. (NEW) (Effective from passage) Effective the first pay period 718

after July 1, 2013, the annual salary of any employee in state service 719

who is not included in any collective bargaining unit, except those 720

employees whose compensation is prescribed by statute, who received 721

a longevity payment in April 2011, shall be increased by the amount of 722

the annual longevity payment paid in calendar year 2011. 723

Sec. 37. (Effective from passage) Notwithstanding the provisions of 724

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subsection (e) of section 4-89 and section 10-395a of the general 725

statutes, the sum of $2,000,000 appropriated in section 67 of public act 726

11-61, as amended by section 1 of public act 12-104 and section 1 of 727

public act 12-1 of the June 12 special session, for the fiscal year ending 728

June 30, 2013, to the Department of Economic and Community 729

Development for Statewide Marketing, shall be credited to the 730

resources of the General Fund for the fiscal year ending June 30, 2013. 731

Sec. 38. (Effective from passage) (a) The Secretary of the Office of 732

Policy and Management may recommend reductions in executive 733

branch expenditures for the fiscal year ending June 30, 2013, in order to 734

reduce such expenditures by $2,500,000 during said fiscal year. 735

(b) The Secretary of the Office of Policy and Management may 736

recommend reductions in executive branch Personal Services 737

expenditures for the fiscal year ending June 30, 2013, in order to reduce 738

such expenditures by $1,500,000 during said fiscal year. 739

(c) The Secretary of the Office of Policy and Management may 740

recommend reductions in legislative branch expenditures for the fiscal 741

year ending June 30, 2013, in order to reduce such expenditures by 742

$2,000,000 during said fiscal year. Notwithstanding the provisions of 743

subsection (e) of section 4-85 of the general statutes, such reductions 744

shall be achieved as determined by the president pro tempore of the 745

Senate, the speaker of the House of Representatives, the minority 746

leader of the Senate and the minority leader of the House of 747

Representatives. If the president pro tempore, the speaker and the 748

minority leaders do not make such determination, then the reductions, 749

as recommended by the secretary, shall be achieved. 750

(d) The Secretary of the Office of Policy and Management may 751

recommend reductions in Judicial Department expenditures for the 752

fiscal year ending June 30, 2013, in order to reduce such expenditures 753

by $5,000,000 during said fiscal year. Notwithstanding the provisions 754

of subsection (e) of section 4-85 of the general statutes, such reductions 755

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shall be achieved as determined by the Chief Justice and Chief Public 756

Defender. If the Chief Justice and Chief Public Defender do not make 757

such determination, then the reductions, as recommended by the 758

secretary, shall be achieved. 759

Sec. 39. (Effective from passage) Notwithstanding the provisions of 760

subdivision (3) of subsection (c) of section 4-28e of the general statutes, 761

for the fiscal year ending June 30, 2013, there shall be no disbursement 762

from the Tobacco Settlement Fund to the Stem Cell Research Fund, and 763

the sum of ten million dollars shall be disbursed from the Tobacco 764

Settlement Fund to the General Fund. 765

Sec. 40. (Effective January 1, 2013) (a) For the purposes described in 766

subsection (b) of this section, the State Bond Commission shall have 767

the power from time to time to authorize the issuance of bonds of the 768

state in one or more series and in principal amounts not exceeding in 769

the aggregate ten million dollars. 770

(b) The proceeds of the sale of said bonds, to the extent of the 771

amount stated in subsection (a) of this section, shall be used by the 772

Department of Public Health for the Stem Cell Research Fund 773

established by section 19a-32e of the general statutes, to provide 774

grants-in-aid to eligible institutions to conduct embryonic or human 775

adult stem cell research. 776

(c) All provisions of section 3-20 of the general statutes, or the 777

exercise of any right or power granted thereby, which are not 778

inconsistent with the provisions of this section are hereby adopted and 779

shall apply to all bonds authorized by the State Bond Commission 780

pursuant to this section, and temporary notes in anticipation of the 781

money to be derived from the sale of any such bonds so authorized 782

may be issued in accordance with said section 3-20 and from time to 783

time renewed. Such bonds shall mature at such time or times not 784

exceeding twenty years from their respective dates as may be provided 785

in or pursuant to the resolution or resolutions of the State Bond 786

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Commission authorizing such bonds. None of said bonds shall be 787

authorized except upon a finding by the State Bond Commission that 788

there has been filed with it a request for such authorization which is 789

signed by or on behalf of the Secretary of the Office of Policy and 790

Management and states such terms and conditions as said commission, 791

in its discretion, may require. Said bonds issued pursuant to this 792

section shall be general obligations of the state and the full faith and 793

credit of the state of Connecticut are pledged for the payment of the 794

principal of and interest on said bonds as the same become due, and 795

accordingly and as part of the contract of the state with the holders of 796

said bonds, appropriation of all amounts necessary for punctual 797

payment of such principal and interest is hereby made, and the State 798

Treasurer shall pay such principal and interest as the same become 799

due. 800

Sec. 41. Subsection (a) of section 12-211a of the 2012 supplement to 801

the general statutes is repealed and the following is substituted in lieu 802

thereof (Effective from passage): 803

(a) (1) Notwithstanding any provision of the general statutes, and 804

except as otherwise provided in subdivision [(3)] (4) of this subsection 805

or in subsection (b) of this section, the amount of tax credit or credits 806

otherwise allowable against the tax imposed under this chapter for any 807

calendar year shall not exceed seventy per cent of the amount of tax 808

due from such taxpayer under this chapter with respect to such 809

calendar year of the taxpayer prior to the application of such credit or 810

credits. 811

(2) For [purposes of this subsection] the calendar year ending 812

December 31, 2011, "type one tax credits" means tax credits allowable 813

under section 12-217jj, 12-217kk or 12-217ll; "type two tax credits" 814

means tax credits allowable under section 38a-88a; "type three tax 815

credits" means tax credits that are not type one tax credits or type two 816

tax credits; "thirty per cent threshold" means thirty per cent of the 817

amount of tax due from a taxpayer under this chapter prior to the 818

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application of tax credit; "fifty-five per cent threshold" means fifty-five 819

per cent of the amount of tax due from a taxpayer under this chapter 820

prior to the application of tax credits; and "seventy per cent threshold" 821

means seventy per cent of the amount of tax due from a taxpayer 822

under this chapter prior to the application of tax credits. 823

(3) For the calendar year ending December 31, 2012, "type one tax 824

credits" means the tax credit allowable under section 12-217ll; "type 825

two tax credits" means tax credits allowable under section 38a-88a; 826

"type three tax credits" means tax credits that are not type one tax 827

credits or type two tax credits; "thirty per cent threshold" means thirty 828

per cent of the amount of tax due from a taxpayer under this chapter 829

prior to the application of tax credit; "fifty-five per cent threshold" 830

means fifty-five per cent of the amount of tax due from a taxpayer 831

under this chapter prior to the application of tax credits; and "seventy 832

per cent threshold" means seventy per cent of the amount of tax due 833

from a taxpayer under this chapter prior to the application of tax 834

credits. 835

[(3)] (4) For calendar years commencing on or after January 1, 2011, 836

and prior to January 1, 2013, and subject to the provisions of 837

subdivisions (2) and (3) of this subsection, the amount of tax credit or 838

credits otherwise allowable against the tax imposed under this chapter 839

shall not exceed: 840

(A) If the tax credit or credits being claimed by a taxpayer are type 841

three tax credits only, thirty per cent of the amount of tax due from 842

such taxpayer under this chapter with respect to said calendar years of 843

the taxpayer prior to the application of such credit or credits. 844

(B) If the tax credit or credits being claimed by a taxpayer are type 845

one tax credits and type three tax credits, but not type two tax credits, 846

fifty-five per cent of the amount of tax due from such taxpayer under 847

this chapter with respect to said calendar years of the taxpayer prior to 848

the application of such credit or credits, provided (i) type three tax 849

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credits shall be claimed before type one tax credits are claimed, (ii) the 850

type three tax credits being claimed may not exceed the thirty per cent 851

threshold, and (iii) the sum of the type one tax credits and the type 852

three tax credits being claimed may not exceed the fifty-five per cent 853

threshold. 854

(C) If the tax credit or credits being claimed by a taxpayer are type 855

two tax credits and type three tax credits, but not type one tax credits, 856

seventy per cent of the amount of tax due from such taxpayer under 857

this chapter with respect to said calendar years of the taxpayer prior to 858

the application of such credit or credits, provided (i) type three tax 859

credits shall be claimed before type two tax credits are claimed, (ii) the 860

type three tax credits being claimed may not exceed the thirty per cent 861

threshold, and (iii) the sum of the type two tax credits and the type 862

three tax credits being claimed may not exceed the seventy per cent 863

threshold. 864

(D) If the tax credit or credits being claimed by a taxpayer are type 865

one tax credits, type two tax credits and type three tax credits, seventy 866

per cent of the amount of tax due from such taxpayer under this 867

chapter with respect to said calendar years of the taxpayer prior to the 868

application of such credits, provided (i) type three tax credits shall be 869

claimed before type one tax credits or type two tax credits are claimed, 870

and the type one tax credits shall be claimed before the type two tax 871

credits are claimed, (ii) the type three tax credits being claimed may 872

not exceed the thirty per cent threshold, (iii) the sum of the type one 873

tax credits and the type three tax credits being claimed may not exceed 874

the fifty-five per cent threshold, and (iv) the sum of the type one tax 875

credits, the type two tax credits and the type three tax credits being 876

claimed may not exceed the seventy per cent threshold. 877

(E) If the tax credit or credits being claimed by a taxpayer are type 878

one tax credits and type two tax credits only, but not type three tax 879

credits, seventy per cent of the amount of tax due from such taxpayer 880

under this chapter with respect to said calendar years of the taxpayer 881

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prior to the application of such credits, provided (i) the type one tax 882

credits shall be claimed before type two tax credits are claimed, (ii) the 883

type one tax credits being claimed may not exceed the fifty-five per 884

cent threshold, and (iii) the sum of the type one tax credits and the 885

type two tax credits being claimed may not exceed the seventy per cent 886

threshold. 887

Sec. 42. (Effective from passage) Notwithstanding the provisions of 888

subsection (a) of section 12-204c of the general statutes, for the 889

calendar year commencing on January 1, 2012, and ending December 890

31, 2012, no addition to tax shall be imposed under said subsection (a) 891

of section 12-204c to the extent such underpayment was created or 892

increased by the amendment to subsection (a) of section 12-211a of the 893

general statutes made by section 41 of this act. 894

Sec. 43. (Effective from passage) Notwithstanding the provisions of 895

section 4-66aa of the general statutes, the sum of $2,000,000 shall be 896

transferred from the community investment account and credited to 897

the resources of the General Fund for the fiscal year ending June 30, 898

2013, and the remaining funds in said account shall be distributed in 899

accordance with subsection (a) of said section 4-66aa. 900

Sec. 44. (Effective from passage) Notwithstanding the provisions of 901

subdivision (1) of section 10-15 of the general statutes, the State Board 902

of Education shall authorize, upon request of the board of education 903

for the town of Newtown, the shortening of the school year ending 904

June 30, 2013. 905

Sec. 45. (NEW) (Effective from passage) The Health Care Cost 906

Containment Committee, defined in section 3-123aaa of the general 907

statutes, in consultation with the Comptroller, shall review 908

prescription claims data for the state employee and retiree plans 909

established in accordance with section 5-259 of the general statutes to 910

increase the utilization of generic prescriptions in accordance with the 911

State Employees Bargaining Agent Coalition agreements. 912

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This act shall take effect as follows and shall amend the following sections:

Section 1 from passage New section

Sec. 2 from passage 22-81a

Sec. 3 from passage 17b-242a

Sec. 4 from passage 17b-239(d)

Sec. 5 from passage 17b-239e(b)

Sec. 6 from passage 17b-242(a)

Sec. 7 from passage 17b-261m(a)

Sec. 8 from passage New section

Sec. 9 from passage 17b-28e

Sec. 10 from passage New section

Sec. 11 from passage 10-264l(k)

Sec. 12 from passage 10-264l(o)

Sec. 13 from passage 10-264o

Sec. 14 from passage New section

Sec. 15 from passage New section

Sec. 16 from passage New section

Sec. 17 from passage New section

Sec. 18 from passage New section

Sec. 19 from passage New section

Sec. 20 from passage New section

Sec. 21 from passage New section

Sec. 22 from passage 17b-280(a)

Sec. 23 from passage 13b-61c

Sec. 24 January 1, 2013 17a-114(c)

Sec. 25 from passage New section

Sec. 26 from passage 19a-180(a)

Sec. 27 from passage New section

Sec. 28 from passage New section

Sec. 29 from passage New section

Sec. 30 from passage New section

Sec. 31 from passage 10-66ee(d)(1)

Sec. 32 from passage 5-213

Sec. 33 from passage New section

Sec. 34 from passage New section

Sec. 35 from passage New section

Sec. 36 from passage New section

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Sec. 37 from passage New section

Sec. 38 from passage New section

Sec. 39 from passage New section

Sec. 40 January 1, 2013 New section

Sec. 41 from passage 12-211a(a)

Sec. 42 from passage New section

Sec. 43 from passage New section

Sec. 44 from passage New section

Sec. 45 from passage New section