§ 17a-860 — (Formerly Sec. 17b-349e). Respite care services for caretakers of Alzheimer's patients. Definitions. Requirements. Regulations.

Connecticut § 17a-860

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319l: Department of Aging and Disability Services

Text

(a) As used in this section: (1) “Respite care services” means support services which provide short-term relief from the demands of ongoing care for an individual with Alzheimer's disease. (2) “Caretaker” means a person who has the responsibility for the care of an individual with Alzheimer's disease or has assumed the responsibility for such individual voluntarily, by contract or by order of a court of competent jurisdiction. (3) “Copayment” means a payment made by or on behalf of an individual with Alzheimer's disease for respite care services. (4) “Individual with Alzheimer's disease” means an individual with Alzheimer's disease or related disorders. (b) The Commissioner of Aging and Disability Services shall operate a program, within available appropriations, to provide respite care services for caretakers of individuals with Alzheimer's disease, provided such individuals with Alzheimer's disease meet the requirements set forth in subsection (c) of this section. Such respite care services may include, but need not be limited to (1) homemaker services; (2) adult day care; (3) temporary care in a licensed medical facility; (4) home-health care; (5) companion services; or (6) personal care assistant services. Such respite care services may be administered directly by the Department of Aging and Disability Services, or through contracts for services with providers of such services, or by means of direct subsidy to caretakers of individuals with Alzheimer's disease to purchase such services. (c) (1) No individual with Alzheimer's disease may participate in the program if such individual (A) has an annual income of more than forty-one thousand dollars or liquid assets of more than one hundred nine thousand dollars, or (B) is receiving services under the Connecticut home-care program for the elderly. On July 1, 2009, and annually thereafter, the commissioner shall increase such income and asset eligibility criteria over that of the previous fiscal year to reflect the annual cost of living adjustment in Social Security income, if any. (2) No individual with Alzheimer's disease who participates in the program may receive more than three thousand five hundred dollars for services under the program in any fiscal year or receive more than thirty days of out-of-home respite care services other than adult day care services under the program in any fiscal year, except that the commissioner shall adopt regulations pursuant to subsection (d) of this section to provide up to seven thousand five hundred dollars for services to a participant in the program who demonstrates a need for additional services. (3) The commissioner may require an individual with Alzheimer's disease who participates in the program to pay a copayment for respite care services under the program, except the commissioner may waive such copayment upon demonstration of financial hardship by such individual. (d) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section. Such regulations shall include, but need not be limited to (1) standards for eligibility for respite care services; (2) the basis for priority in receiving services; (3) qualifications and requirements of providers, which shall include specialized training in Alzheimer's disease, dementia and related disorders; (4) a requirement that providers accredited by the Joint Commission on the Accreditation of Healthcare Organizations, when available, receive preference in contracting for services; (5) provider reimbursement levels; (6) limits on services and cost of services; and (7) a fee schedule for copayments. (e) The commissioner may allocate any funds appropriated in excess of five hundred thousand dollars for the program among the five area agencies on aging according to need, as determined by the commissioner.

Legislative History

(P.A. 98-239, S. 14, 35; P.A. 99-162, S. 1, 2; 99-279, S. 23, 45; P.A. 07-86, S. 1; P.A. 09-75, S. 1; P.A. 13-125, S. 21; June Sp. Sess. P.A. 17-2, S. 309; P.A. 18-169, S. 33; P.A. 19-157, S. 61.) History: P.A. 98-239 effective July 1, 1998; P.A. 99-162 amended Subsec. (c) to increase, from twenty-one to thirty, the maximum number of days of out-of-home respite care services available under the program in any fiscal year, to provide that adult day care services are not subject to such maximum and to make technical changes, and Subsec. (d)(1) to delete requirement that regulations include in standards accreditation by the Joint Commission on the Accreditation of Healthcare Organizations and added in Subsec. (d)(4) a requirement that providers accredited by said commission, when available, receive preference in contracting for services and renumbered remaining Subdivs. accordingly, effective July 1, 1999; P.A. 99-279 added a new Subsec. (e) allowing allocation of funds appropriated in excess of $500,000 for the demonstration program among the five area agencies on aging based on need, as determined by the commissioner, effective July 1, 1999; P.A. 07-86 amended Subsec. (c)(1) by substituting “receiving services under the Connecticut home-care program for the elderly” for “covered by Medicaid” re individuals who may not participate in the program, effective July 1, 2007; P.A. 09-75 amended Subsec. (b) by replacing “establish a demonstration program” with “operate a program”, adding Subdiv. (6) re personal care assistant services and making a technical change, amended Subsec. (c) by increasing eligibility limit from $30,000 to $41,000 in annual income and from $80,000 to $109,000 in liquid assets, and by requiring commissioner to annually increase eligibility criteria to reflect cost-of-living adjustments and to adopt regulations to provide up to $7,500 for additional services, effective July 1, 2009; P.A. 13-125 amended Subsecs. (b) and (e) to change “Commissioner of Social Services” to “Commissioner on Aging” and further amended Subsec. (b) to change “department” to “Department on Aging”, effective July 1, 2013; June Sp. Sess. P.A. 17-2 amended Subsec. (b) by replacing references to Commissioner and Department on Aging with references to Commissioner and Department of Social Services, and amended Subsec. (e) by replacing reference to Commissioner on Aging with reference to Commissioner of Social Services, effective October 31, 2017; P.A. 18-169 amended Subsec. (b) by replacing references to Commissioner and Department of Social Services with references to Commissioner and Department of Rehabilitation Services and amended Subsec. (e) by replacing “Commissioner of Social Services” with “commissioner” and making a technical change, effective June 14, 2018; P.A. 19-157 amended Subsec. (b) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services” and replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; Sec. 17b-349e transferred to Sec. 17a-860 in 2023.