2018 Legislative Session Summary

Summary of Legislation

The summaries below outline Public Acts passed during the 2018 Regular Session of the Connecticut General Assembly that impact or may be of interest to the University of Connecticut. The summaries were either developed by the Office of Governmental Relations, the state Office of Legislative Research or the state Office of Fiscal Analysis.

The new Acts are organized by topic, and the topics are alphabetized. To access the complete text of a new law, click on the Public Act or resolution number on the top of the summary.

Full 2018 Legislative Report

 

Agriculture

CT SB 106, PA 18-73

An Act Concerning The Sale Of "Connecticut Grown" Products And Authorizing Certain Aquaculture Site Designations For The Development Of An Environmental Education Curriculum.  This Act requires proof that farm products that are sold to school districts as "Connecticut-grown" are actually grown in the state.

Effective October 1, 2018

 

CT HB 5129, PA 19-101

An Act Establishing A "Save Our Lakes" Number Plate To Combat Aquatic Invasive Species And Cyanobacteria Blooms.  This Act raises awareness and provides funding for efforts to fight aquatic invasive species and cyanobacteria blooms that threaten the state's lakes and ponds.

Effective October 1, 2018

 

CT HB 5360, PA 18-181
An Act Concerning Revisions To Certain Environmental Quality And Conservation Programs Of The Department Of Energy And Environmental Protection And Certain Farmland Preservation Programs Of The Department Of Agriculture And Establishing A Working Group On Microfiber Pollution, Authorizing School Instruction And Curriculum On Climate Change, Requiring Updated Hazardous Mitigation Plans For Certain Hazardous Chemical Facilities, Permitting Sunday Bow Hunting Of Deer Throughout The State And Establishing A Pilot Program On The Separate Collection Of Glass From Other Recycling Programs. This act makes numerous changes to certain environmental quality and conservation programs, the Farmland Preservation program and authorizes school instruction and curriculum on Climate Change.

Effective October 1, 2018

Board of Trustees

CT HR 3

Resolution Confirming The Nomination Of Marilda Gandara Of Hartford To Be A Member Of The Board Of Trustees For The University Of Connecticut.

 

 CT HR 4

Resolution Confirming The Nomination Of Thomas E. Kruger Of Cos Cob To Be Reappointed A Member Of The Board Of Trustees For The University Of Connecticut.

 

 CT HR 5

Resolution Confirming The Nomination Of Philip Elliot Rubin Of Fairfield To Be A Member Of The Board Of Trustees For The University Of Connecticut

 

Budget & Bonding

CT SB 543, PA 18-81

An Act Concerning Revisions To The State Budget For Fiscal Year 2019 And Deficiency Appropriations For Fiscal Year 2018.

  • University Combined Budget Impact Several competing budgets were proposed with cuts to both UConn and UConn Health’s appropriations, associated fringe, and other line items. Overall for the university, the proposals ranged from a total of $16m (Governor’s February proposal) to $101m (Republican’s first proposal).  The bi-partisan budget that ultimately passed cuts the university $15m ($1.2m below the Governor’s proposal).

 

  • Other Items in the Budget The final budget Act:
    • Provides $33.38 million in funding for Roberta Willis need/merit scholarships
    • Does not make any cuts to the Graduate Medical Education (GME) program.  UConn Health was slated to lose $1.2m annually with a cut to state Medicaid support of GME.
    • Does not cut UConn Health $15m associated with a public-private partnership (this was proposed in the first Republican budget proposal).
    • Does not cut UConn Health’s fringe benefit differential payments ($13.5m annually).
    • Does not cut UConn Health’s workers’ compensation claims funding.
    • Does not cut AHEC.
    • Eliminates most of the Governor’s authority to make reductions to FY19 budgeted line items.
    • Keeps intact the agreement reached last year between the Administration and CT hospitals as it relates to supplemental payments, increased Medicaid rates, and taxes. It also eliminates bond funding for hospital capital projects originally agreed to as part of last year’s budget agreement between the Administration and hospitals.  These provisions do not impact JDH, since we are not taxed as a state-owned hospital.
    • Restores approximately $130 million in funding to the Medicare Savings Plan.
    • Restores funding to provide state-sponsored health insurance for about 13,500 adults under the state’s Husky A Medicaid plan.
    • Adds $5 million for emergency residential placements for individuals with intellectual and developmental disabilities.
    • Restores funding to municipalities.
    • Provides a 1% cost of living adjustment (COLA) to private, not-for-profit providers.
    • Retains more than $1.1 Action in the emergency reserve fund (Rainy Day Fund) after the 2018-19 fiscal year ends.
UNIVERSITY OF Connecticut Original Appropriation

PA 17-2

10/26/17

FY19

Adjusted Amount

FY19

5/9/18

Operating Expenses 176,494,509 171,494,997
Workers’ Compensation Claims 2,271,228 2,271,228
Next Generation CT 17,353,856 16,865,367
AGENCY TOTAL 196,119,593 190,631,592
UNIVERSITY OF Connecticut HEALTH CENTER
Operating Expenses 106,746,848 103,772,410
AHEC 374,566 374,566
Workers’ Compensation Claims 4,324,771 4,324,771
Bioscience 11,567,183 11,261,097
AGENCY TOTAL 123,013,368 119,732,844

Effective July 1, 2018

 

CT HB 5590, PA 19-178

An Act Authorizing And Adjusting Bonds Of The State For Capital Improvements, Transportation And Other Purposes, Concerning The Bond Caps, Establishing The Apprenticeship Connecticut Initiative And Concerning The Functions Of CTNext And Connecticut Innovations, Incorporated.  This Act number of changes and corrections to previous bond authorizations, including restoring authorizations to bond programs when necessary to reach allocated levels, and making concurrent cancellations where applicable.  There are no changes to UConn 2000.  Provides $10 million to CTNEXT for Proof of Concept funding and $10 million to Connecticut Innovations for Venture Capital funding.  It also makes a number of changes to the CTNEXT program.  Effective July 1, 2018

Concrete & Crumbling Foundations

CT HB 5321, 19-179
An Act Concerning The Written Residential Disclosure Report, The Captive Insurance Company Established For Assisting With Crumbling Foundations And Funding For Lead Removal, Remediation And Abatement.   Among other things, establishes the Captive Insurance Company to assist state residents with crumbling foundations including reimbursements for testing.

Effective July 1, 2018

Contracting

CT HB 5517, PA-175

An Act Concerning Executive Branch Agency Data Management And Processes, The Transmittal Of Town Property Assessment Information And The Suspension Of Certain Regulatory Requirements. Among other things, Section 7 of this Act allows immediate family members to be employed in the same department or division of the constituent units of higher education, provided that procedures have been implemented to prevent any conflicts of interest.

Effective July 1, 2018

 

CT SB 175, PA 18-137
An Act Implementing The Recommendations Of The Auditors Of Public Accounts.  Among other things, beginning October 1, 2018, the Act generally prohibits state and quasi-public agencies from making a payment in excess of $50,000 to a departing employee in order to avoid litigation costs or as part of a non-disparagement agreement. Under the Act, “state agency” means executive branch agencies, boards, councils, commissions, and the constituent units of higher education.  For state agencies, the Act allows such a payment if (1) it is made under a settlement agreement that the attorney general enters into on the agency's behalf or (2) the governor, upon the attorney general's recommendation, authorized it in order to settle a disputed claim by or against the state. It also specifies that, any settlement or non-disparagement agreement cannot prohibit a state agency employee from making a complaint or providing information in accordance with the whistleblower or false claims act.  Similarly, any settlement or non-disparagement agreement cannot prohibit a quasi-public agency employee from making a complaint or providing information under the whistleblower law.

Effective October 1, 2018

Corrections

CT SB 13, PA 18-4
An Act Concerning The Fair Treatment Of Incarcerated Persons.  This Act establishes various requirements that specifically apply to pregnant inmates and women generally.

Effective October 1, 2018

Economic Development

CT SB 260, PA 18-46
An Act Authorizing Additional Uses Of Funds Available To CTNext.  This Act broadens the purposes for which CTNext can use certain money in the CTNext Fund.

Effective July 1, 2018

 

CT SB 263, PA 18-145
An Act Eliminating Certain Unclaimed And Seldom Claimed Tax Credits. This Act ends two economic development corporation business tax credit programs.

Effective July 1, 2018, and applicable to income years commencing on or after January 1, 2018

 

CT SB 265, PA 18-146
An Act Concerning Expedited Permitting Procedures By The Department Of Energy And Environmental Protection For Business Initiation, Expansion Or New Production And Annual Reporting On The Number Of Environmental Violations Resolved Without Financial Penalty.  This Act requires the Department of Energy and Environmental Protection (DEEP) to provide certain services to businesses that request a meeting with the department before applying for permits necessary for specified business purposes (i.e., starting or expanding a business or initiating a new manufacturing production line).

Effective October 1, 2018

 

CT SB 266, PA 18-147
An Act Concerning Incentives To Encourage The Growth Of Bioscience Venture Capital In Connecticut.  This Act creates a tax deduction for the income generated by investments in eligible Connecticut-based bioscience businesses. The deduction is available only to the general partners of a qualified venture capital fund and equals their share of the investment and management income generated by the fund's eligible investments. The revenue services commissioner must adopt regulations for instituting the deduction.

Effective July 1, 2018, and applicable to taxable years commencing on or after January 1, 2018

CT SB 443, SA 18-8
An Act Establishing The Connecticut Blockchain Working Group This Act convenes a working group to develop a master plan for fostering the expansion of the blockchain industry in the state and recommend policies and state investments to make Connecticut a leader in blockchain technology. The group shall include not fewer than two members representing institutions of higher education in the state.

Effective from passage

 

CT SB 446, SA 18-23
An Act Concerning A Strategic Plan For The Bioscience Sector In Connecticut. This Act requires Connecticut Innovations, Incorporated (CI) to develop a short-term and long-term strategic plan on the bioscience sector.

Effective from passage

 

CT SB 448, SA 18-24
An Act Concerning A Request For Proposals For The Operation Of Mobile Manufacturing Training Labs.  This Act requires the Department of Economic and Community Development (DECD) to develop and issue a request for proposal for the operation of one or more mobile manufacturing training labs and directs DECD to finance the selected proposal through the Connecticut Manufacturing Innovation Fund (CMIF).

Effective from passage

 

CT HB 5439, SA 18-16
An Act Concerning Information Relating To Bioscience And Crowdfunding On The Department Of Economic And Community Development Web Site.  This Act requires the Department of Economic and Community Development to update the agency's website with certain items including: (1) Information concerning bioscience, and (2) an explanation of crowdfunding and links to resources for businesses and entrepreneurs interested in pursuing crowdfunding opportunities. Links to such items shall be displayed prominently on the main page of such Internet web site.

Effective from passage

 

CT HB 5590, PA 19-178

An Act Authorizing And Adjusting Bonds Of The State For Capital Improvements, Transportation And Other Purposes, Concerning The Bond Caps, Establishing The Apprenticeship Connecticut Initiative And Concerning The Functions Of CTNext And Connecticut Innovations, Incorporated.  This Act number of changes and corrections to previous bond authorizations, including restoring authorizations to bond programs when necessary to reach allocated levels, and making concurrent cancellations where applicable.  There are no changes to UConn 2000.  Provides $10 million to CTNEXT for Proof of Concept funding and $10 million to Connecticut Innovations for Venture Capital funding.  It also makes a number of changes to the CTNEXT program.

Effective July 1, 2018

 

Education K-12

CT SB 183, PA 18-51
An Act Implementing The Recommendations Of The Department Of Education. This Act makes changes in state education law related to (1) the use of seclusion in schools, (2) the State Board of Education's (SBE) authority to suspend or place on probation a teacher's credential, (3) teacher certification and subject area endorsements, and (4) magnet school grants.

Effective July 1, 2018

 

CT SB 186, PA 18-15
An Act Concerning School Counselors. This Act adds references to school counselors in the general statutes.

Effective July 1, 2018

 

CT SB 452, PA18-24
An Act Concerning The Inclusion Of Holocaust And Genocide Education And Awareness In The Social Studies Curriculum.  This Act adds Holocaust and genocide education and awareness to the required courses of study for public schools and requires all local and regional boards of education to include this topic in their social studies curriculum beginning in the 2018-19 school year.

Effective July 1, 2018

 

CT SB 455, PA 18-34
An Act Concerning Minority Teacher Recruitment And Retention. This Act makes a number of changes in the teacher certification laws to make it easier, in certain areas, to obtain certification or cross endorsement.

Effective July 1, 2018

 

CT HB 5169, PA 18-172
An Act Implementing The Recommendations Of The Office Of Early Childhood. This Act makes numerous changes in the statutes governing early childhood care and education.

Effective July 1, 2018

 

CT HB 5170, SA 18-28
An Act Establishing A Working Group To Study And Make Recommendations Concerning Issues Relating To The Search And Seizure Of Students' Personal Electronic Devices.  This Act establishes a working group to study and make recommendations concerning issues relating to the search and seizure of student's personal electronic devices.

Effective from passage

 

CT HB 5335, PA 18-129
An Act Concerning The Alignment Of The Coordinated State-Wide Reading Plan With The State's Two-Generational Initiative.  This Act requires the State Department of Education to include the alignment of reading instruction with the two-generational initiative in its statewide reading plan and (2) allows the Office of Early Childhood, in its two–generational initiative and within available appropriations, to consider the alignment of state and local support systems around the statewide reading plan for students in kindergarten to grade three.

Effective July 1, 2018

 

CT HB 5360, PA 18-181
An Act Concerning Revisions To Certain Environmental Quality And Conservation Programs Of The Department Of Energy And Environmental Protection And Certain Farmland Preservation Programs Of The Department Of Agriculture And Establishing A Working Group On Microfiber Pollution, Authorizing School Instruction And Curriculum On Climate Change, Requiring Updated Hazardous Mitigation Plans For Certain Hazardous Chemical Facilities, Permitting Sunday Bow Hunting Of Deer Throughout The State And Establishing A Pilot Program On The Separate Collection Of Glass From Other Recycling Programs. This act makes numerous changes to certain environmental quality and conservation programs, the Farmland Preservation program and authorizes school instruction and curriculum on Climate Change.

Effective October 1, 2018

 

CT HB 5444, PA 18-125
An Act Concerning Revisions To The Student Data Privacy Act.  This Act makes numerous changes in the student data privacy law. The law restricts how website, online service, and mobile application (i.e., “online service”) operators and consultants who contract with local and regional boards of education process and access student data. The law requires operators and consultants to use reasonable security practices to safeguard student data.

Effective from passage

 

CT HB 5450, PA 18-123
An Act Concerning The Staff Qualifications Requirement For Early Childhood Educators.

By law, state-funded early childhood education program staff must meet an increasingly advanced level of educational attainment over the next three years. These heightened staff qualification requirements increase in three distinct phases. This Act extends the duration of each phase by two years, giving staff more time to comply with the education attainment requirements.

It also requires the Office of Early Childhood (OEC) to complete an analysis of the state-funded early childhood education staff qualifications requirement, within available appropriations, and submit it and the office's recommendations to the Education Committee by January 1, 2020.

Effective July 1, 2018

 

CT HB 5592, PA 18-1
An Act Waiving Any Penalties Imposed On A Board Of Education For Making Reductions To Its Budgeted Appropriation For Education As A Result Of Cuts To Its Education Cost-Sharing Grant For Fiscal Year 2018.  This Act waives, for FY 18, the state penalty for violating the law prohibiting a town from reducing its budgeted amount for education, as long as the town meets certain criteria under the Act.
Effective from passage

Energy

CT SB 9, PA, 18-50
An Act Concerning Connecticut's Energy Future.  This Act makes numerous changes to Connecticut’s laws governing the state's energy policy. Among other things, it: 1. annually increases the state's renewable portfolio standard (RPS) requirement for Class I renewable energy sources starting in 2020, until it reaches 40% in 2030; 2. replaces the current net metering system with new tariff-based renewable energy programs that generally require the electric distribution companies (EDCs, i.e., Eversource and United Illuminating) to develop a procurement plan and 20-year tariffs (detailed rate schedules) for purchasing energy and renewable energy credits (RECs) from certain low-emission, zero-emission, shared clean energy, and residential Class I renewable energy sources (e.g., fuel cells, solar, and wind); 3. reconfigures the funding mechanism for the state's Conservation and Load Management (CLM) Plan and the energy efficiency services provided under it; 4. extends certain liability protections to the municipal electric consumer advocate and independent consumer advocate positions; 5. expands the list of renewable energy technologies considered Class I renewable energy sources to include certain zero-emission low grade heat power generation systems and run-of-the-river hydropower facilities; and 6. expands the Department of Energy and Environmental Protection's (DEEP) procurement authority to allow it to direct the EDCs to enter into certain renewable energy contracts to meet up to 6%, rather than 4%, of their demand.

Effective from passage

 

CT HB 5348, PA-180
An Act Requiring The Consideration Of Creating A Portfolio Standard For Thermal Energy In The Next Integrated Resources Plan.  This Act requires the Department of Energy and Environmental Protection (DEEP) to consider the creation of a portfolio standard for thermal energy that may include biodiesel.

Effective from passage

Environment

CT SB 7, PA 18-82
An Act Concerning Climate Change Planning And Resiliency.  Among other things, this Act integrates greenhouse gas reductions into various state planning documents and incorporates the new reduction into existing energy solicitation requirements. In Section 9, the Act also, within available resources and not less than once every ten years, requires the Marine Sciences Division of The University of Connecticut to publish a sea level change scenario for the state based upon the sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1 and other available scientific data necessary to create a scenario applicable to the state coastline.

Effective from passage

 

CT HB 5130, PA 18-97
An Act Concerning The Sewage Spill Right-To-Know Act And Expanding Continuing Education Programs For Wastewater Operators.  This Act: (1) adds to the reporting requirements applicable to sewage treatment plants or collection systems and establishes civil or criminal penalties, as applicable, for failing to electronically report as the Act requires; (2) establishes continuing education requirements for certified wastewater treatment facility operators; and (3) makes several technical changes.

Effective October 1, 2018

 

CT HB 5360, PA 18-181
An Act Concerning Revisions To Certain Environmental Quality And Conservation Programs Of The Department Of Energy And Environmental Protection And Certain Farmland Preservation Programs Of The Department Of Agriculture And Establishing A Working Group On Microfiber Pollution, Authorizing School Instruction And Curriculum On Climate Change, Requiring Updated Hazardous Mitigation Plans For Certain Hazardous Chemical Facilities, Permitting Sunday Bow Hunting Of Deer Throughout The State And Establishing A Pilot Program On The Separate Collection Of Glass From Other Recycling Programs. This act makes numerous changes to certain environmental quality and conservation programs, the Farmland Preservation program and authorizes school instruction and curriculum on Climate Change.

Effective October 1, 2018

 

CT HB 5454, PA 18-121
An Act Concerning Ninety-Day Permit Turnaround Times For The Department Of Energy And Environmental Protection.  This Act requires the Department of Energy and Environmental Protection (DEEP) to make best efforts to review and make a final determination on certain permit applications within 90 days, as long as the applications are complete. DEEP must identify, and notify an applicant in writing of, all deficiencies in an application within 90 days of receiving it. The applicant may grant DEEP additional time for its review in writing. The Act applies to permit applications received by DEEP before, on, or after the Act's passage.

Effective from passage

Ethics

CT SB 175, PA 18-137
An Act Implementing The Recommendations Of The Auditors Of Public Accounts. Among other things, this Act requires that agency human resources personnel who have reasonable cause to believe that a person has violated the provisions of the Code of Ethics for Public Officials set forth in part I of this chapter or any law or regulation concerning ethics in state contracting s report such belief to the Office of State Ethics, which may further report such information to the Auditors of Public Accounts, the Chief State's Attorney or the Attorney General.

Effective October 1, 2018

 

CT SB 176, PA 18-64
An Act Requiring The Reporting Of Certain Gifts To The State Under The Code Of Ethics For Public Officials.  This Act requires public officials and state employees to file an online report with the Office of State Ethics within 30 days after receiving certain goods or services under the Code of Ethics' “gift to the state” exception.

Effective October 1, 2018

 

CT SB 178, PA 18-65
An Act Decreasing The Membership Of The Commission On Equity And Opportunity. This Act decreases the membership of the commission on equity and opportunity from sixty-three to thirty-nine members.

Effective from passage

 

CT HB 5517, PA-175

An Act Concerning Executive Branch Agency Data Management And Processes, The Transmittal Of Town Property Assessment Information And The Suspension Of Certain Regulatory Requirements. Among other things, Section 7 allows immediate family members to be employed in the same department or division of the constituent units of higher education, provided that procedures have been implemented to prevent any conflicts of interest.

Effective July 1, 2018

Facilities Management

CT SB 9, PA, 18-50
An Act Concerning Connecticut's Energy Future.  This Act makes numerous changes to Connecticut’s laws governing the state's energy policy. Among other things, it: 1. annually increases the state's renewable portfolio standard (RPS) requirement for Class I renewable energy sources starting in 2020, until it reaches 40% in 2030; 2. replaces the current net metering system with new tariff-based renewable energy programs that generally require the electric distribution companies (EDCs, i.e., Eversource and United Illuminating) to develop a procurement plan and 20-year tariffs (detailed rate schedules) for purchasing energy and renewable energy credits (RECs) from certain low-emission, zero-emission, shared clean energy, and residential Class I renewable energy sources (e.g., fuel cells, solar, and wind); 3. reconfigures the funding mechanism for the state's Conservation and Load Management (CLM) Plan and the energy efficiency services provided under it; 4. extends certain liability protections to the municipal electric consumer advocate and independent consumer advocate positions; 5. expands the list of renewable energy technologies considered Class I renewable energy sources to include certain zero-emission low grade heat power generation systems and run-of-the-river hydropower facilities; and 6. expands the Department of Energy and Environmental Protection's (DEEP) procurement authority to allow it to direct the EDCs to enter into certain renewable energy contracts to meet up to 6%, rather than 4%, of their demand.

Effective from passage

Financial Aid and Tuition

CT SB 4, PA 18-2
An Act Assisting Students Without Legal Immigration Status With The Cost Of College.  This Act extends eligibility for institutional financial aid to attend a state public higher education institution (i.e., UConn and the Connecticut State Colleges and Universities) to certain students, including honorably discharged veterans, who lack legal immigration status. The Act extends eligibility for the aid to these students, to the extent allowed by federal law, if they (1) meet certain residency, age, and criminal history requirements and (2) file an affidavit about their intent to legalize their immigration status with the institution they are attending. Under the Act, veterans are eligible for institutional financial aid upon the Act's passage, while non-veterans are eligible on the earlier of January 1, 2020 or when Congress provides a “pathway to citizenship” for students without legal immigration status. The Act does not define “pathway to citizenship.”  The Act specifies that it does not require or compel an institution to match the amount of federal student aid that such students would receive if they were eligible for federal student aid.  The Act requires UConn and the Board of Regents for Higher Education (BOR), by July 1, 2018, to establish procedures and develop forms to enable the newly eligible students to apply for and receive institutional financial aid. It allows UConn and BOR to adopt any policies necessary to implement the Act.

Effective from passage

Freedom Of Information Act

CT HB 5175, PA 18-95
An Act Concerning Appeals Under The Freedom Of Information Act And Petitions For Relief From Vexatious Requesters.  This Act:  (1) adds to the factors that the Freedom of Information Commission (FOIC) must consider when determining whether to hear certain appeals brought under the Freedom of Information Act (FOIA) and (2) establishes a procedure under which public agencies may petition FOIC for relief from “vexatious requesters.” Relief may include an order that the agency need not comply with future requests from the requester for a period of up to one year.

Effective October 1, 2018

 

CT HB 5177, PA 18-93
An Act Concerning Employee Notification Of Requests Made Under The Freedom Of Information Act.  By law, records contained in employee personnel, medical, or similar files are considered public records under the Freedom of Information Act (FOIA) and are subject to disclosure, unless disclosure would constitute an invasion of personal privacy. This Act expands public agencies' duty under FOIA to notify their employees of requests for access to these records.  Under the Act, if a public agency receives a request to inspect or copy records contained in any of its employees' personnel, medical, or similar files, and it reasonably believes that disclosure would not constitute an invasion of privacy, it must (1) first disclose the records and (2) within a reasonable period of time after disclosure, make a reasonable attempt to send to each employee involved and any collective bargaining representative, a written or electronic copy of the request, if applicable, or a brief description of the request.  Under existing law, unchanged by the Act, if an agency receives such a request and it reasonably believes disclosure would constitute an invasion of privacy, it must immediately notify each employee involved and any collective bargaining representative. If the employee or collective bargaining representative objects within a specified period of time, the agency must deny access to the records, unless ordered to disclose them by the Freedom of Information Commission

Effective October 1, 2018.

Health Care- Administration & Finance

CT SB 170, PA 18-39
An Act Concerning The Department Of Mental Health And Addiction Services' Recommendations Regarding Streamlining Reports.  This Act eliminates the requirement that the Department of Mental Health and Addiction Services (DMHAS) annually report to the Public Health Committee on substance abuse treatment program availability for pregnant women. Instead, the Act requires DMHAS to include this same information, which includes statistical and demographic data on pregnant women and women with children in treatment and on waiting lists, as part of its triennial state substance abuse plan.

Effective July 1, 2018

 

CT SB 302, PA 18-148
An Act Concerning Telehealth Services.  This Act: (1) allows the use of telehealth to treat hospital inpatients, including the ordering of controlled substances, to the extent permitted by federal prescribing laws; (2) changes the requirements for telehealth providers to obtain and document patient consent to provide telehealth services and to disclose related records; and (3) adds RNs and pharmacists to the list of healthcare providers authorized to provide telehealth services.

Effective July 1, 2018

 

CT SB 303, PA 18-149
An Act Concerning Outpatient Clinics, Urgent Care Centers And Freestanding Emergency Departments. Its Purpose Is To Protect Patients From Unexpected Costs And Fees.  This Act requires freestanding emergency departments to (1) clearly identify themselves as hospital emergency departments and (2) post signs with certain information, including identifying whether the facility includes an urgent care or primary care center. Under the Act, a “freestanding emergency department” is a free-standing emergency care facility that (1) is a department of a hospital, but structurally separate and distinct from the hospital, and (2) has received a certificate of need to operate as such a facility.  The Act modifies the definition of “urgent care center” for purposes of licensing such centers. For example, it specifies certain services that a facility must offer for it to be considered an urgent care center. It allows the Office of Health Care Access to adopt regulations to implement the Act's provisions on freestanding emergency department signage and urgent care centers.  Current law sets certain restrictions on facility fees for outpatient hospital services, but exempts fees for services at off-site hospital emergency departments.

Effective October 1, 2018

 

CT SB 304, PA 18-150
An Act Establishing A Maternal Mortality Review Program And Committee Within The Department Of Public Health. This Act requires DPH to establish a maternal mortality review program to review medical records and other data related to maternal death cases, and creates a maternal mortality review committee within the agency.

Effective October 1, 2018

 

CT HB 5148, PA 18-11
An Act Concerning Pregnant Patients Exercising Living Wills. Purpose: To Permit Pregnant Patients To Exercise A Living Will.  This Act allows pregnant women age 18 or older to exercise living wills and other advance directives.

Effective from passage

 

CT HB 5163, PA 18-168
An Act Concerning The Department Of Public Health's Recommendations Regarding Various Revisions To The Public Health Statutes.  This Act makes several changes to various Public Health statutes, including but not limited to provisions that:

  • 11: Allow a healthcare institution additional time to submit a plan of correction after receipt of a notice of noncompliance. Current statute mandates that an institution submit a plan of correction, which is a response to a notice of noncompliance identified during an inspection, within ten days, including weekends.  This Act extends the timeframe to 10 business days; Effective October 1, 2018
  • Sec 12: Broadens the scope of Hospital Acquired Infection surveillance and reporting to include antimicrobial resistance, and expand the focus of the program beyond hospitals to include the full spectrum of healthcare facilities; Effective October 1, 2018
  • 53: Revises the statutes pertaining to statutory recognition for nuclear medication technicians to add the Nuclear Medicine Technology Certification Board as one of the entities that can administer an exam; Effective from passage
  • Sec 54:  Removes advanced practice registered nurse (APRN) from the statutes that govern physician assistant (PA) prescribing requirements; Effective from passage
  • Sec 68:  Requires DPH to consult with the Amniotic Fluid Embolism Foundation and others to develop educational materials to be used in educating healthcare professionals – who have direct patient contact with pregnant women and those who are immediately post-partum – about the signs and symptoms of amniotic fluid embolism.  DPH must disseminate the information to all medical schools, the associations that represent practitioners with direct patient contact, and the Connecticut Hospital Association to distribute to their membership; Effective from passage
  • Sec 74:  Requires art therapists to have a graduate degree; Effective October 1, 2018
  • Sec 75/76:  Updates procedures, as well as educational and credentialing requirements, in statute that reflect the current practice for respiratory care therapists; Effective October 1, 2018 and
  • Sec 79: Removes the cap on the number of physician assistants a physician can supervise.  Effective July 1, 2018

 

CT HB 5290, PA 18-91
An Act Concerning The Office Of Health Strategy. This Act makes numerous technical changes to statutes governing the establishment of the Office of Health Strategy (OHS).  Of note, this Act transfers, from DPH to OHS, the administration of the Office of Health Care Access (OHCA) (which, among other things, administers the Certificate of Need (CON) program for health care institutions) and renames it the Office the Health Systems Planning Unit (HSPU).  Additionally, the Act transfers, from the State Innovation Model Initiative Program Management (SIM) Office to the OHS Executive Director, responsibility for studying the feasibility of creating a certification program for community health workers. The OHS is also responsible for administering the all-payer claims database; it houses, chairs and staffs the Health Care Cabinet; and it appoints the state's health information technology officer (HITO) and oversees the officer's duties.

Effective from passage

 

CT HB 5383, PA 18-115
An Act Concerning Disputes Between Health Carriers And Participating Providers That Are Hospitals. This Act establishes a “cooling off” period if a hospital (“provider”) and a health carrier are unable to reach a new contract agreement.  Specifically, it requires a health carrier and a hospital, or the hospital's parent corporation, to continue to abide by the terms of a non-renewed or terminated contract, including reimbursement terms, for at least 60 days after the contract ends.  The Act also increases, from 60 to 90 days, the amount of advance notice a health carrier and provider must provide each other before the carrier removes a provider from, or the provider leaves, the network.  The Act also stipulates that if the health carrier and hospital renew or enter into a new contract within the 60-day period, that the new contract's reimbursement terms are retroactive to the date the original contract ended, unless the parties agree otherwise.

Effective July 1, 2018

Health Care-Clinical

CT SB 17, PA 18-83
An Act Concerning Procedures Related To Collecting And Processing Sexual Assault Evidence Collection Kits.  This Act requires health care facilities that collect sexual assault evidence to contact a sexual assault counselor when a person who identifies himself or herself as a sexual assault victim arrives at the facility. It also requires the Department of Emergency Services and Public Protection (DESPP) to implement an electronic tracking system for sexual assault evidence collection kits.  The Act specifically states that the failure of any person to comply with the law on collecting, transferring, or analyzing sexual assault evidence or the protocol does not affect the admissibility of the evidence in any suit, action, or proceeding if the evidence is otherwise admissible.  The Act increases, from 14 to 15, the membership of the Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations by adding a representative from Disability Rights Connecticut, Inc. appointed by its board of directors.  Under the Act, the commission must also advise the Chief State's Attorney on establishing a mandatory training program for health care facility staff on the kit-tracking software.

Effective July 1, 2018

 

CT SB 197, PA 18-74
An Act Concerning Biological Products.  This Act creates steps to govern substitution of an “interchangeable biological product” in place of a specifically prescribed biological product.  The Act also requires prescribing practitioners to discuss with the patient or his/her representative the treatment methods, alternatives to and risks associated with the use of such biological product, prior to prescribing one, and to document such discussion in the patient's medical record not later than twenty-four hours after such discussion has taken place.

Effective October 1, 2018

 

CT SB 483, PA 18-166
An Act Concerning The Prevention And Treatment Of Opioid Dependency And Opioid Overdoses In The State.   The report on the results of the study is due on January 1, 2019.  Further, the Act was amended: to prohibit prescribing practitioners from prescribing, dispensing, or administering schedule II to IV controlled substances to themselves or immediate family members, except in emergencies; to authorize prescribing practitioners and pharmacists authorized to prescribe naloxone to enter into an agreement to distribute opioid antagonists to certain entities (e.g., community health organizations and law enforcement agencies); to require the Alcohol and Drug Policy Council to convene a working group to evaluate methods of combating the opioid epidemic; and to require any hospital or emergency medical services personnel that treats a patient for an opioid overdose to report such overdose to the Department of Public Health (DPH).

Effective from passage

Health Care-Studies

CT SB 217, SA 18-16
An Act Requiring The Health Information Technology Officer To Establish A Working Group To Evaluate Issues Concerning Polypharmacy And Medication Reconciliation.  This Act requires the health information technology officer to establish a working group concerning polypharmacy and medication reconciliation.

Effective from passage

 

Health Insurance

CT SB 206, PA 18-43
An Act Authorizing Pregnancy As A Qualifying Event For Special Enrollment Periods For Certain Individuals.  This Act requires certain health insurance plans to provide a special enrollment period to eligible pregnant women who do not have insurance that covers the federal Affordable Care Act's (ACA) minimum essential health benefits or otherwise meets the minimum coverage requirements in state law. A special enrollment period is a time outside of open-enrollment when eligible individuals may apply for health insurance.

Effective January 1, 2019

 

CT SB 376, PA 18-69
An Act Concerning Health Insurance Coverage For Prosthetic Devices. This Act requires certain health insurance policies to cover prosthetic devices, and medically necessary repairs and replacements to them, subject to specified conditions. It defines a “prosthetic device” as an artificial device to replace all or part of an arm or leg, including one with a microprocessor if the patient's health care provider determines it is medically necessary. It excludes a device that is designed exclusively for athletic purposes.

Effective January 1, 2019)

 

CT HB 5206, PA 18-158
An Act Concerning Insurance Issues.  This Act makes numerous unrelated changes to the insurance statutes.  This Act also amends SB 198 which creates a task force to study and develop strategies to develop, expand and improve the insurance industry workforce in this state. Such study shall include, but need not be limited to, (1) an evaluation and analysis of the status of the insurance industry workforce in this state, (2) the employment needs of the insurance industry in this state, and (3) methods of developing, expanding and improving the insurance industry workforce in this state. Section 11 adds the president of the University of Connecticut, or the president's designee to the task force.

Effective from passage

 

CT HB 5208, PA 18-159
An Act Concerning Mammograms, Breast Ultrasounds And Magnetic Resonance Imaging Of Breasts. This Act expands coverage for mammograms and tomosynthesis under certain health insurance policies. It does so by defining “mammogram” as a mammographic examination or breast tomosynthesis, including any procedure with one of 13 specific Healthcare Common Procedure Coding System (HCPCS) Acting codes or any subsequent corresponding codes.  The Act applies to individual and group health insurance policies delivered, issued, renewed, amended, or continued in Connecticut that cover (1) basic hospital expenses; (2) basic medical-surgical expenses; (3) major medical expenses; or (4) hospital or medical services, including those provided under an HMO plan. It also applies to individual policies providing limited health benefits.

Effective January 1, 2019

 

CT HB 5210, PA 18-10
An Act Mandating Insurance Coverage Of Essential Health Benefits And Expanding Mandated Health Benefits For Women, Children And Adolescents.  This Act requires certain health insurance policies to cover 10 essential health benefits, which are the same benefits the federal Patient Protection and Affordable Care Act (ACA) (P.L. 111-148, as amended) requires most policies to cover. It authorizes the insurance commissioner to adopt related regulations.  The Act also requires certain health insurance policies to cover specified benefits and services, including preventive health care services; immunizations; and contraceptive drugs, devices, and products approved by the U.S. Food and Drug Administration (FDA). It generally requires the policies to cover these benefits and services in full with no cost sharing (such as coinsurance, copayments, or deductibles), except policies may impose cost sharing when an out-of-network provider renders the benefits and services. The Act provides that high deductible plans designed to be compatible with federally qualified health savings accounts must comply with the cost-sharing prohibition to the extent permitted by federal law without disqualifying the account for the applicable federal tax deduction.

Effective January 1, 2019

 

CT HB 5384, PA 18-41
An Act Concerning Prescription Drug Costs.  This Act makes several changes related to prescription drugs, pharmacy benefit managers (PBMs), and health carriers (e.g., insurers and HMOs). Among other things, it requires: 1. PBMs to report information about drug formulary rebates to the insurance commissioner, who must report aggregated data to the Insurance and Real Estate Committee; 2. health carriers to submit to the insurance commissioner, and the commissioner to report to the Insurance and Real Estate Committee, information on covered outpatient prescription drugs, including the most frequently prescribed drugs and those provided at the greatest cost; 3. health carriers to certify to the commissioner that they account for all rebates when calculating plan premiums; 4. a prescription drug “sponsor” (i.e., the entity responsible for its clinical trials) to notify the Office of Health Strategy (OHS) when it files certain applications for new drugs; and 5. OHS to annually identify up to 10 outpatient prescription drugs provided at substantial state cost or critical to public health and drug manufacturers to report information to OHS on those drugs.

Effective January 1, 2020

Higher Education

CT SB 4, PA 18-2
An Act Assisting Students Without Legal Immigration Status With The Cost Of College.  This Act extends eligibility for institutional financial aid to attend a state public higher education institution (i.e., UConn and the Connecticut State Colleges and Universities) to certain students, including honorably discharged veterans, who lack legal immigration status. The Act extends eligibility for the aid to these students, to the extent allowed by federal law, if they (1) meet certain residency, age, and criminal history requirements and (2) file an affidavit about their intent to legalize their immigration status with the institution they are attending. Under the Act, veterans are eligible for institutional financial aid upon the Act's passage, while non-veterans are eligible on the earlier of January 1, 2020 or when Congress provides a “pathway to citizenship” for students without legal immigration status. The Act does not define “pathway to citizenship.”  The Act specifies that it does not require or compel an institution to match the amount of federal student aid that such students would receive if they were eligible for federal student aid.  The Act requires UConn and the Board of Regents for Higher Education (BOR), by July 1, 2018, to establish procedures and develop forms to enable the newly eligible students to apply for and receive institutional financial aid. It allows UConn and BOR to adopt any policies necessary to implement the Act.

Effective from passage

 

CT SB 142, PA 18-36
An Act Concerning Acceptance Of Institutional Accreditation Of Private Occupational Schools By The Office Of Higher Education.  This Act gives the Office of Higher Education (OHE) executive director greater discretion to accept or reject the accreditation of private occupational schools under certain circumstances. These schools are privately controlled and offer instruction in trades or industrial, commercial, professional, or service occupations for remuneration. By law, OHE oversees the state's authorization of these schools, including their initial authorization and subsequent renewals.

Effective July 1, 2018

 

CT SB 145, PA 18-37
An Act Including The Higher Education Committee In The Receipt Of Annual Reports Relating To Military Veterans And Licensure.  This Act adds the Higher Education and Employment Advancement Committee to the list of committees and agencies who receive annual reports from licensing authorities about service members who receive credit for military training or experience when applying for a license. Under current law, these licensing authorities send the reports to the Veterans' Affairs Committee and the Department of Labor.  Additionally, in Section 1 the Act requires UConn's board of trustees and the Board of Regents for Higher Education (BOR) to send a modified version of this report to the Higher Education Committee each year, in addition to the Veterans' Affairs Committee and the Department of Labor as required under current law.  The report is due on January 1st

Effective July 1, 2018

 

CT SB 198, SA 18-21
An Act Establishing A Task Force To Study Methods Of Developing, Expanding And Improving The Insurance Industry Workforce In This State.  This Act creates a task force to study and develop strategies to develop, expand and improve the insurance industry workforce in this state. Such study shall include, but need not be limited to, (1) an evaluation and analysis of the status of the insurance industry workforce in this state, (2) the employment needs of the insurance industry in this state, and (3) methods of developing, expanding and improving the insurance industry workforce in this state. This Act was amended by HB 5206 to add to the task for the president of the University of Connecticut, or the president's designee.

Effective from passage

 

CT SB 352, PA 18-33
An Act Extending The Moratorium On Approval Of A Certain Number Of Programs Of Independent Institutions Of Higher Education.  This Act extends certain nonprofit, independent higher education institutions' exemption from the Office of Higher Education's (OHE's) approval process for new programs and program modifications for two years, until July 1, 2020. By law, “independent institutions of higher education” are exempt from program approval if they (1) are eligible to participate in the Federal Family Education Loan program; (2) do not have a financial responsibility score of less than 1.5, as determined by the U.S. Department of Education, for the most recent fiscal year for which data is available; and (3) have been located in Connecticut and accredited as degree-granting institutions in good standing for at least 10 years by a federally recognized regional accrediting association.  The Act also limits the new program exemption to 12 programs per academic year and requires such institutions to apply for approval for any additional programs.  The Act requires exempt institutions to file with OHE a program action form prior to students enrolling in (1) any new program or (2) any program being modified. Under the Act, OHE creates the action form. However, it does not specify the form's contents.   By law, exempt institutions must annually file with OHE a description of any new programs and the institution's current program approval process. The Act requires exempt institutions to also include in this filing all actions the institution's governing board took concerning approving the new programs.

Effective July 1, 2018

 

CT SB 483, PA 18-166
An Act Concerning The Prevention And Treatment Of Opioid Dependency And Opioid Overdoses In The State.  This Act requires the Chief Court Administrator, in consultation with the Dean of The University of Connecticut School of Law among others, to study the feasibility of establishing one or more opioid intervention courts in the state.  Further, the Act was amended: to prohibit prescribing practitioners from prescribing, dispensing, or administering schedule II to IV controlled substances to themselves or immediate family members, except in emergencies; to authorize prescribing practitioners and pharmacists authorized to prescribe naloxone to enter into an agreement to distribute opioid antagonists to certain entities (e.g., community health organizations and law enforcement agencies); to require the Alcohol and Drug Policy Council to convene a working group to evaluate methods of combating the opioid epidemic; and to require any hospital or emergency medical services personnel that treats a patient for an opioid overdose to report such overdose to the Department of Public Health (DPH)

Effective from passage

 

CT HB 5032, PA 18-103
An Act Concerning The Legislative Commissioners' Recommendations For Technical Revisions To The Higher Education Statutes.  This Act makes technical revisions to the higher education statutes.

Effective dates vary

 

CT HB 5407, SA 18
An Act Establishing A Task Force To Promote Efficiencies In The Filing Of Habeas Corpus Matters.

This Act establishes a task force to study the filing of habeas corpus matters in the state. The task force shall examine methods that allow the state to better evaluate an application for a writ of habeas corpus at the time of filing in order to reduce the number of frivolous applications filed.

Effective from passage

 

CT HB 5517, PA-175

An Act Concerning Executive Branch Agency Data Management And Processes, The Transmittal Of Town Property Assessment Information And The Suspension Of Certain Regulatory Requirements. Among other things, in Section 7 this Act allows immediate family members to be employed in the same department or division of the constituent units of higher education, provided that procedures have been implemented to prevent any conflicts of interest.

Effective July 1, 2018

Human Resources

CT HR 9

Resolution Proposing Approval Of A Collective Bargaining Agreement Between The University Of Connecticut Board Of Trustees And The Graduate Employee Union Local 6950- International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America (Geu-Uaw).

 

CT HR 10

Resolution Proposing Approval Of A Collective Bargaining Agreement Between The University Of Connecticut Board Of Trustees And The Graduate Employee Union Local 6950- International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America (Geu-Uaw).

 

CT SB 175, PA 18-137
An Act Implementing The Recommendations Of The Auditors Of Public Accounts. Among other things, this Act requires that agency human resources personnel who have reasonable cause to believe that a person has violated the provisions of the Code of Ethics for Public Officials in state contracting  report such belief to the Office of State Ethics, which may further report such information to the Auditors of Public Accounts, the Chief State's Attorney or the Attorney General.

Effective October 1, 2018

 

CT SB 175, PA 18-137
An Act Implementing The Recommendations Of The Auditors Of Public Accounts. Among other things, beginning October 1, 2018, the Act generally prohibits state and quasi-public agencies from making a payment in excess of $50,000 to a departing employee in order to avoid litigation costs or as part of a non-disparagement agreement. Under the Act, “state agency” means executive branch agencies, boards, councils, commissions, and the constituent units of higher education.  For state agencies, the Act allows such a payment if (1) it is made under a settlement agreement that the attorney general enters into on the agency's behalf or (2) the governor, upon the attorney general's recommendation, authorized it in order to settle a disputed claim by or against the state. It also specifies that, any settlement or non-disparagement agreement cannot prohibit a state agency employee from making a complaint or providing information in accordance with the whistleblower or false claims act.  Similarly, any settlement or non-disparagement agreement cannot prohibit a quasi-public agency employee from making a complaint or providing information under the whistleblower law.

Effective October 1, 2018

 

CT SB 176, PA 18-64
An Act Requiring The Reporting Of Certain Gifts To The State Under The Code Of Ethics For Public Officials.  This Act requires public officials and state employees to file an online report with the Office of State Ethics within 30 days after receiving certain goods or services under the Code of Ethics' “gift to the state” exception.

Effective October 1, 2018

 

CT HB 5386, PA 18-8
An Act Concerning Pay Equity.

This Act generally prohibits employers, including the state and its political subdivisions, from asking, or directing a third-party to ask, about a prospective employee's wage and salary history. The prohibition does not apply (1) if the prospective employee voluntarily discloses his or her wage and salary history or (2) to any actions taken by an employer, employment agency, or its employees or agents under a federal or state law that specifically authorizes the disclosure or verification of salary history for employment purposes. The Act also allows an employer to ask about the other elements of a prospective employee's compensation structure (e.g., stock options), but the employer may not ask about their value.  The Act allows prospective employees to bring a lawsuit within two years after an alleged violation of the Act's prohibition on asking about salary histories. Employers can be found liable for compensatory damages, attorney's fees and costs, punitive damages, and any legal and equitable relief the court deems just and proper.

Effective January 1, 2019

 

CT HB 5481, PA 18-130
An Act Concerning Changes To The State Personnel Act. Its Purpose Is To Make Changes To The State Personnel Act Statutes.  This Act shortens certain deadlines related to open positions in the state employee classified service. It requires the Department of Administrative Services (DAS) commissioner to give public notice of exams for these positions at least six business days, rather than two weeks, in advance. It also removes a requirement for the commissioner to post the notice on a bulletin board in or near DAS. Existing law, unchanged by the Act, requires the commissioner to post the notice on the department's website and submit it to the director of the state employment service.

The Act also shortens the deadline by which applicants may appeal a rejection of their application for a classified service position. It requires them to appeal, in writing, to the DAS commissioner within six business days after the rejection was transmitted, rather than within 12 days after the rejection was mailed.

Effective October 1, 2018

 

CT HB 5517, PA-175

An Act Concerning Executive Branch Agency Data Management And Processes, The Transmittal Of Town Property Assessment Information And The Suspension Of Certain Regulatory Requirements. Among other things, this Act allows immediate family members to be employed in the same department or division of the constituent units of higher education, provided that procedures have been implemented to prevent any conflicts of interest.

Effective July 1, 2018

Legislative Process

CT SB 256, PA 18-78
An Act Concerning Racial And Ethnic Impact Statements.  Beginning with the 2019 legislative session, this Act requires that a racial and ethnic impact statement (REIS) be prepared, at the request of any legislator, for certain bills and amendments. Under current law and the legislature's Joint Rules, these statements are prepared (1) at the request of a majority of the committee members present and (2) for bills and amendments that, if passed, could increase or decrease correctional facilities' pretrial or sentenced populations.

Effective October 1, 2018

Medicaid

CT SB 246, PA 18-77

An Act Limiting Auto Refills Of Prescription Drugs Covered Under The Medicaid Program And Requiring The Commissioner Of Social Services To Provide Chip Data To The Health Information Technology Officer.  This Act allows the commissioner of the Department of Social Services (DSS) to prohibit pharmacy providers from automatically refilling certain prescription drugs for medical assistance (e.g. Medicaid) recipients regardless of a recipient's consent or request to participate in such a program. It prohibits DSS from paying for such prescription refills unless it was explicitly requested verbally or in writing by the recipient or his or her legal representative.

Effective from passage

Marine Sciences

CT SB 7, PA 18-82
An Act Concerning Climate Change Planning And Resiliency.  Among other things, this Act, integrates greenhouse gas reductions into various state planning documents and incorporates the new reduction into existing energy solicitation requirements.  In Section 9, the Act also, within available resources and not less than once every ten years, requires the Marine Sciences Division of The University of Connecticut to publish a sea level change scenario for the state based upon the sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1 and other available scientific data necessary to create a scenario applicable to the state coastline.

Effective from passage

 

CT HB 5364, PA 18-112

An Act Concerning The Protection Of Horseshoe Crabs.  This Act prohibits hand-harvesting horseshoe crabs from any Stratford shoreline area between Stratford Point and Sniffen Point. It makes a violation an infraction, which is payable by mail.

Effective from passage

Pharmacy

CT SB 195, PA 18-16
An Act Concerning Changes To Pharmacy And Drug Control Statutes. This Act makes changes in the statutes concerning pharmacies, pharmacists, and controlled substances.

Effective January 1, 2019

 

CT SB 197, PA 18-74
An Act Concerning Biological Products.  This Act creates steps to govern substitution of an “interchangeable biological product” in place of a specifically prescribed biological product.  The Act also requires prescribing practitioners to discuss with the patient or his/her representative the treatment methods, alternatives to and risks associated with the use of such biological product, prior to prescribing one, and to document such discussion in the patient's medical record not later than twenty-four hours after such discussion has taken place.

Effective October 1, 2018

 

CT SB 246, PA 18-77

An Act Limiting Auto Refills Of Prescription Drugs Covered Under The Medicaid Program And Requiring The Commissioner Of Social Services To Provide Chip Data To The Health Information Technology Officer.  This Act allows the commissioner of the Department of Social Services (DSS) to prohibit pharmacy providers from automatically refilling certain prescription drugs for medical assistance (e.g. Medicaid) recipients regardless of a recipient's consent or request to participate in such a program. It prohibits DSS from paying for such prescription refills unless it was explicitly requested verbally or in writing by the recipient or his or her legal representative.

Effective from passage

 

CT SB 483, PA 18-166
An Act Concerning The Prevention And Treatment Of Opioid Dependency And Opioid Overdoses In The State.  This Act requires the Chief Court Administrator, in consultation with the Dean of The University of Connecticut School of Law among others, to study the feasibility of establishing one or more opioid intervention courts in the state.  Further, the Act was amended: to prohibit prescribing practitioners from prescribing, dispensing, or administering schedule II to IV controlled substances to themselves or immediate family members, except in emergencies; to authorize prescribing practitioners and pharmacists authorized to prescribe naloxone to enter into an agreement to distribute opioid antagonists to certain entities (e.g., community health organizations and law enforcement agencies); to require the Alcohol and Drug Policy Council to convene a working group to evaluate methods of combating the opioid epidemic; and to require any hospital or emergency medical services personnel that treats a patient for an opioid overdose to report such overdose to the Department of Public Health (DPH)

Effective from passage

 

CT HB 5241, PA 18-100
An Act Concerning Pharmacist And Practitioner Compliance Rates And The Electronic Prescription Drug Monitoring Program.  This Act requires the public health and consumer protection commissioners to review pharmacists' and prescribing practitioners' compliance with the electronic Prescription Drug Monitoring Program's (PMP) requirements. By January 1, 2019, the commissioners must submit a joint report to the General Law and Public Health committees with their shared recommendations for increasing compliance rates.

Effective from passage

 

CT HB 5384, PA 18-41
An Act Concerning Prescription Drug Costs.  This Act makes several changes related to prescription drugs, pharmacy benefit managers (PBMs), and health carriers (e.g., insurers and HMOs). Among other things, it requires: 1. PBMs to report information about drug formulary rebates to the insurance commissioner, who must report aggregated data to the Insurance and Real Estate Committee; 2. health carriers to submit to the insurance commissioner, and the commissioner to report to the Insurance and Real Estate Committee, information on covered outpatient prescription drugs, including the most frequently prescribed drugs and those provided at the greatest cost; 3. health carriers to certify to the commissioner that they account for all rebates when calculating plan premiums; 4. a prescription drug “sponsor” (i.e., the entity responsible for its clinical trials) to notify the Office of Health Strategy (OHS) when it files certain applications for new drugs; and 5. OHS to annually identify up to 10 outpatient prescription drugs provided at substantial state cost or critical to public health and drug manufacturers to report information to OHS on those drugs.

Effective January 1, 2020

Public Safety & Emergency Medical Services

CT SB 17, PA 18-83
An Act Concerning Procedures Related To Collecting And Processing Sexual Assault Evidence Collection Kits.  This Act requires health care facilities that collect sexual assault evidence to contact a sexual assault counselor when a person who identifies himself or herself as a sexual assault victim arrives at the facility. It also requires the Department of Emergency Services and Public Protection (DESPP) to implement an electronic tracking system for sexual assault evidence collection kits.  The Act specifically states that the failure of any person to comply with the law on collecting, transferring, or analyzing sexual assault evidence or the protocol does not affect the admissibility of the evidence in any suit, action, or proceeding if the evidence is otherwise admissible.  The Act increases, from 14 to 15, the membership of the Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations by adding a representative from Disability Rights Connecticut, Inc. appointed by its board of directors.  Under the Act, the commission must also advise the Chief State's Attorney on establishing a mandatory training program for health care facility staff on the kit-tracking software.

Effective July 1, 2018

 

CT SB 466, PA 18-5
An Act Concerning Dual Arrests And The Training Required Of Law Enforcement Personnel With Respect To Domestic Violence.  This Act requires a peace officer, in responding to a family violence complaint made by two or more opposing parties, to arrest the person the officer determines is the dominant aggressor. The Act does not prohibit dual arrests, but discourages it when appropriate. It does not apply to (1) college and university students who live together in on-campus housing and (2) tenants who live together in a residential rental property, who are not in a dating relationship.  Under the Act, a “dominant aggressor” is the person who poses the most serious ongoing threat in a situation involving a suspected family violence crime.  The Act also: 1. establishes the factors a peace officer must consider in determining which person is the dominant aggressor, 2. allows the officer to submit a report to the state's attorney for further review and advice on the conduct of the person or persons not arrested, and  3. gives the officer immunity from civil liability based on such actions.  It expands certain police and state's attorneys' training programs to include training on the factors for determining a dominant aggressor in a family violence case. It also allows an entity representing the statewide domestic violence coalition to assist with the training curriculum and allows certain domestic violence agencies to conduct training.

Effective January 1, 2019

 

CT HB 5229, PA 18-107
An Act Concerning Reimbursement For The Purchase Of Dashboard Cameras With A Remote Recorder And Digital Data Storage Devices Or Services.  This Act expands the types of equipment eligible for reimbursement, within available resources, under a law enforcement recording equipment grant program administered by the Office of Policy and Management (OPM) secretary.

Effective from passage

 

CT HB 5475, PA 18-187
An Act Concerning The Body-Worn Recording Equipment Task Force.  This Act extends the reporting deadline of the previously established task force to study the use of body-worn recording equipment by state and municipal police. The task force shall submit its findings and recommendations to the judiciary and public safety committees by January 1, 2019.

Effective from passage

State Agencies

CT SJR 35, RA 18-1
Resolution Proposing An Amendment To The State Constitution To Protect Real Property Held Or Controlled By The State.  This Resolution proposes a constitutional amendment that, with limited exceptions, prohibits the legislature from enacting legislation requiring a state agency to sell, transfer, or otherwise dispose of real property or interest in real property to non-state entities.

 

CT SB 175, PA 18-137
An Act Implementing The Recommendations Of The Auditors Of Public Accounts. Among other things, this Act requires that agency human resources personnel who have reasonable cause to believe that a person has violated the provisions of the Code of Ethics for Public Officials set forth in part I of this chapter or any law or regulation concerning ethics in state contracting s report such belief to the Office of State Ethics, which may further report such information to the Auditors of Public Accounts, the Chief State's Attorney or the Attorney General.  Beginning October 1, 2018, the Act generally prohibits state and quasi-public agencies from making a payment in excess of $50,000 to a departing employee in order to avoid litigation costs or as part of a non-disparagement agreement. Under the Act, “state agency” means executive branch agencies, boards, councils, commissions, and the constituent units of higher education.  For state agencies, the Act allows such a payment if (1) it is made under a settlement agreement that the attorney general enters into on the agency's behalf or (2) the governor, upon the attorney general's recommendation, authorized it in order to settle a disputed claim by or against the state. It also specifies that, any settlement or non-disparagement agreement cannot prohibit a state agency employee from making a complaint or providing information in accordance with the whistleblower or false claims act.  Similarly, any settlement or non-disparagement agreement cannot prohibit a quasi-public agency employee from making a complaint or providing information under the whistleblower law.

Effective October 1, 2018

 

CT HB 5175, PA 18-95
An Act Concerning Appeals Under The Freedom Of Information Act And Petitions For Relief From Vexatious Requesters.  This Act:  (1) adds to the factors that the Freedom of Information Commission (FOIC) must consider when determining whether to hear certain appeals brought under the Freedom of Information Act (FOIA) and (2) establishes a procedure under which public agencies may petition FOIC for relief from “vexatious requesters.” Relief may include an order that the agency need not comply with future requests from the requester for a period of up to one year.

Effective October 1, 2018

 

CT HB 5177, PA 18-93
An Act Concerning Employee Notification Of Requests Made Under The Freedom Of Information Act.  By law, records contained in employee personnel, medical, or similar files are considered public records under the Freedom of Information Act (FOIA) and are subject to disclosure, unless disclosure would constitute an invasion of personal privacy. This Act expands public agencies' duty under FOIA to notify their employees of requests for access to these records.  Under the Act, if a public agency receives a request to inspect or copy records contained in any of its employees' personnel, medical, or similar files, and it reasonably believes that disclosure would not constitute an invasion of privacy, it must (1) first disclose the records and (2) within a reasonable period of time after disclosure, make a reasonable attempt to send to each employee involved and any collective bargaining representative, a written or electronic copy of the request, if applicable, or a brief description of the request.  Under existing law, unchanged by the Act, if an agency receives such a request and it reasonably believes disclosure would constitute an invasion of privacy, it must immediately notify each employee involved and any collective bargaining representative. If the employee or collective bargaining representative objects within a specified period of time, the agency must deny access to the records, unless ordered to disclose them by the Freedom of Information Commission

Effective October 1, 2018.

 

CT HB 5517, PA-175

An Act Concerning Executive Branch Agency Data Management And Processes, The Transmittal Of Town Property Assessment Information And The Suspension Of Certain Regulatory Requirements. Among other things, in Section 7, this Act allows immediate family members to be employed in the same department or division of the constituent units of higher education, provided that procedures have been implemented to prevent any conflicts of interest.

Effective July 1, 2018

Veterans’ Issues

CT SB 284, PA 18-47
An Act Concerning Benefits For Certain Veterans Who Have Been Diagnosed With Post-Traumatic Stress Disorder Or Traumatic Brain Injury Or Who Have Had An Experience Of Military Sexual Trauma.  This Act extends certain benefits, available to veterans honorably discharged or released under honorable conditions from active service in the armed forces, to veterans who (1) were discharged under conditions other than dishonorable or for bad conduct (i.e., veterans with an other than honorable (OTH) discharge), and (2) have a qualifying condition.  Under the Act a “qualifying condition” means a diagnosis of post-traumatic stress disorder or traumatic brain injury made by, or a military sexual trauma experience disclosed to, an individual licensed to provide care at a U.S. Department of Veterans Affairs facility.

Effective October 1, 2018