- H.R. 10171August 27, 2026
- H.R. 10156August 27, 2026
- H.R. 10172August 27, 2026
- H.R. 10160August 27, 2026
- H.R. 10181August 27, 2026
- H.R. 10176August 27, 2026
- H.Res. 1496August 27, 2026
- H.R. 10164August 27, 2026
- H.R. 10170August 27, 2026
- H.Res. 1494August 27, 2026
- H.R. 10163August 27, 2026
- H.R. 10157August 27, 2026
- AdministrationU.S. House
- AgricultureU.S. House
- Agriculture, Nutrition, And ForestryU.S. House
- AppropriationsU.S. House
- Armed ServicesU.S. House
- Banking, Housing, And Urban AffairsU.S. House
- BudgetU.S. House
- Commerce, Science, And TransportationU.S. House
- Education and WorkforceU.S. House
- Energy And CommerceU.S. House
- Energy And Natural ResourcesU.S. House
- Environment And Public WorksU.S. House
- EthicsU.S. House
- FinanceU.S. House
- Financial ServicesU.S. House
- Foreign AffairsU.S. House
- Foreign RelationsU.S. House
- Health, Education, Labor, And PensionsU.S. House
- Homeland SecurityU.S. House
- Homeland Security And Governmental Affa…U.S. House
- Indian AffairsU.S. House
- Indian and Insular AffairsU.S. House
- IntelligenceU.S. House
- JudiciaryU.S. House
- Natural ResourcesU.S. House
- Oversight And Government ReformU.S. House
- Permanent Select IntelligenceU.S. House
- RulesU.S. House
- Rules And AdministrationU.S. House
- Science, Space, And TechnologyU.S. House
- Select IntelligenceU.S. Senate
- Small BusinessU.S. House
- Small Business And EntrepreneurshipU.S. House
- Subcommittee on AviationU.S. House
- Subcommittee on Border Security and Enf…U.S. House
- Subcommittee on Coast Guard and Maritim…U.S. House
- Subcommittee on Commodity Markets, Digi…U.S. House
- Subcommittee on Conservation, Research,…U.S. House
- Subcommittee on Counterterrorism and In…U.S. House
- Subcommittee on Cybersecurity and Infra…U.S. House
- Subcommittee on Disability Assistance a…U.S. House
- Subcommittee on Economic Development, P…U.S. House
- Subcommittee on Economic OpportunityU.S. House
- Subcommittee on Emergency Management an…U.S. House
- Subcommittee on Energy and Mineral Reso…U.S. House
- Subcommittee on Federal LandsU.S. House
- Subcommittee on Forestry and Horticultu…U.S. House
- Subcommittee on General Farm Commoditie…U.S. House
- Subcommittee on HealthU.S. House
- Subcommittee on Highways and TransitU.S. House
- Subcommittee on Livestock, Dairy, and P…U.S. House
- Subcommittee on Nutrition and Foreign A…U.S. House
- Subcommittee on Oversight and Investiga…U.S. House
- Subcommittee on Oversight, Investigatio…U.S. House
- Subcommittee on Railroads, Pipelines, a…U.S. House
- Subcommittee on Transportation and Mari…U.S. House
- Subcommittee on Water Resources and Env…U.S. House
- Subcommittee on Water, Wildlife and Fis…U.S. House
- Transportation And InfrastructureU.S. House
- Veterans' AffairsU.S. House
- Ways And MeansU.S. House

SB 288
Connecticut Senate•Introduced
Summary
SB 288, an Act Concerning The Department Of Social Services' Recommendations Regarding Exceptions To The Nursing Home Bed Moratorium, Nursing Home Resident Data And Nursing Home Reimbursement Rate Caps For Related Party Employees, was introduced in the Senate on Feb 19, 2026 by Aging Committee with 4 co-sponsors. It last saw action on Mar 23, 2026: File Number 124.
Record
Text
SB 288 has 4 co-sponsors and 1 roll call.
sb288/comm-sub.txtGeneral Assembly Substitute Bill No. 288February Session, 2026AN ACT CONCERNING THE DEPARTMENT OF SOCIAL SERVICES'RECOMMENDATIONS REGARDING EXCEPTIONS TO THE NURSINGHOME BED MORATORIUM, NURSING HOME RESIDENT DATA ANDNURSING HOME REIMBURSEMENT RATE CAPS FOR RELATEDPARTY EMPLOYEES.Be it enacted by the Senate and House of Representatives in GeneralAssembly convened:1Section 1. Subsection (a) of section 17b-354 of the 2026 supplement to2 the general statutes is repealed and the following is substituted in lieu3 thereof (Effective from passage):4(a) The Department of Social Services shall not accept or approve any5 requests for additional nursing home beds, except (1) beds restricted to6 use by patients with acquired immune deficiency syndrome or by7 patients requiring neurological rehabilitation; (2) beds associated with a8 continuing care facility, as described in section 17b-520, provided such9 beds are not used in the Medicaid program; [. For the purpose of this10 subsection, beds associated with a continuing care facility are not subject11 to the certificate of need provisions pursuant to sections 17b-352 and12 17b-353;] (3) Medicaid certified beds either to be relocated from one13 licensed nursing facility to another licensed nursing facility to meet a14 priority need identified in the strategic plan developed pursuant to15 subsection (c) of section 17b-369 or new beds added to an existing16 facility or a new facility with preference given to a nontraditional, small-17 house-style nursing home facility that incorporates the goals for nursingLCO 1 of 14Substitute Bill No. 28818 facilities referenced in the department's strategic plan for long-term19 care, as described in section 17b-355, as amended by this act, to address20 priority needs reflected by area census trends; (4) licensed Medicaid21 nursing facility beds to be relocated from one or more existing nursing22 facilities to a new nursing facility, including a replacement facility,23 provided (A) no new Medicaid certified beds are added, (B) at least one24 currently licensed facility is closed in the transaction as a result of the25 relocation, (C) the relocation is done within available appropriations,26 (D) the facility participates in the Money Follows the Person27 demonstration project pursuant to section 17b-369, (E) the availability of28 beds in the area of need will not be adversely affected, (F) the certificate29 of need approval for such new facility or facility relocation and the30 associated capital expenditures are obtained pursuant to sections 17b-31 352 and 17b-353, and (G) the facilities included in the bed relocation and32 closure shall be in accordance with the strategic plan developed33 pursuant to subsection (c) of section 17b-369; and (5) proposals to build34 a nontraditional, small-house style nursing home designed to enhance35 the quality of life for nursing facility residents, provided that the36 nursing facility agrees to reduce its total number of licensed beds by a37 percentage determined by the Commissioner of Social Services in38 accordance with the department's strategic plan for long-term care. For39 the purposes of this subsection, beds associated with a continuing care40 facility are not subject to the certificate of need provisions pursuant to41 sections 17b-352 and 17b-353.42 Sec. 2. Section 17b-355 of the general statutes is repealed and the43 following is substituted in lieu thereof (Effective from passage):44 (a) In determining whether a request submitted pursuant to sections45 17b-352 to 17b-354, inclusive, as amended by this act, will be granted,46 modified or denied, the Commissioner of Social Services shall consider47 the following: (1) The financial feasibility of the request and its impact48 on the applicant's rates and financial condition, (2) the contribution of49 the request to the quality, accessibility and cost-effectiveness of the50 delivery of long-term care in the region, including consideration of the51 nursing home's star rating on the five-star quality rating system forLCO 2 of 14Substitute Bill No. 28852 nursing homes published by the Centers for Medicare and Medicaid53 Services, (3) whether there is clear public need for the request, (4) the54 relationship of any proposed change to the applicant's current55 utilization statistics and the effect of the proposal on the utilization56 statistics of other facilities in the applicant's service area, (5) the business57 interests of all owners, partners, associates, incorporators, directors,58 sponsors, stockholders and operators and the personal background of59 such persons, and (6) any other factor which the Department of Social60 Services deems relevant. In considering whether there is clear public61 need for any request for the relocation of beds to a replacement facility,62 or for new beds added to an existing facility or a new facility, the63 commissioner shall consider whether there is a demonstrated bed need64 in the towns within a fifteen-mile radius of the town in which the beds65 are proposed to be located and whether the availability of beds in the66 applicant's service area will be adversely affected.67 (b) Any proposal to relocate nursing home beds from an existing68 facility to a new facility shall not increase the number of Medicaid69 certified beds and shall result in the closure of at least one currently70 licensed facility. The commissioner may request that any applicant71 seeking to replace an existing facility reduce the number of beds in the72 new facility by a percentage that is consistent with the department's73 strategic state-wide long-term rebalancing plan for long-term care. If an74 applicant seeking to replace an existing facility with a new facility owns75 or operates more than one nursing facility, the commissioner may76 request that the applicant close two or more facilities before approving77 the proposal to build a new facility. The commissioner shall also78 consider whether an application to establish a new or replacement79 nursing facility proposes a nontraditional, small-house style nursing80 facility and incorporates goals for nursing facilities referenced in the81 department's strategic state-wide long-term rebalancing plan for long-82 term care, including, but not limited to, (1) promoting person-centered83 care, (2) providing enhanced quality of care, (3) creating community84 space for all nursing facility residents, and (4) developing stronger85 connections between the nursing facility residents and the surroundingLCO 3 of 14Substitute Bill No. 28886 community. [Bed]87 (c) Demonstrated bed need shall be based on the recent occupancy88 percentage of area nursing facilities [and the] with occupancy above89 ninety-six per cent for a minimum of two consecutive quarters. The90 department may consider projected bed need [for no more than five91 years] into the future at [ninety-seven and one-half per cent] occupancy92 above ninety-six per cent using the latest [official population projections93 by town and age as published by the Office of Policy and Management94 and the latest available state-wide nursing facility utilization statistics95 by age cohort from the Department of Public Health] strategic state-96 wide long-term rebalancing plan for long-term care as published by the97 department. The commissioner may also consider area specific98 utilization and reductions in utilization rates to account for the99 increased use of less institutional alternatives.100 Sec. 3. Section 17b-99a of the 2026 supplement to the general statutes101 is repealed and the following is substituted in lieu thereof (Effective July102 1, 2026):103 (a) (1) For purposes of this section, (A) "extrapolation" means the104 determination of an unknown value by projecting the results of the105 review of a sample to the universe from which the sample was drawn,106 (B) "facility" means any facility described in this subsection and for107 which rates are established pursuant to section 17b-340, as amended by108 this act, (C) "minimum data set" means the federal resident assessment109 tool required by the Centers for Medicare and Medicaid Services, and110 [(C)] (D) "universe" means a defined population of claims submitted by111 a facility during a specific time period.112 (2) The Commissioner of Social Services shall conduct any audit of a113 licensed chronic and convalescent nursing home, chronic disease114 hospital associated with a chronic and convalescent nursing home, a rest115 home with nursing supervision, a licensed residential care home, as116 defined in section 19a-490, and a residential facility for persons with117 intellectual disability which is licensed pursuant to section 17a-227 andLCO 4 of 14Substitute Bill No. 288118 certified to participate in the Medicaid program as an intermediate care119 facility for individuals with intellectual disabilities in accordance with120 the provisions of this section.121 (b) Not less than thirty days prior to the commencement of any such122 audit, the commissioner shall provide written notification of the audit123 to such facility, unless the commissioner makes a good-faith124 determination that (1) the health or safety of a recipient of services is at125 risk; or (2) the facility is engaging in vendor fraud under sections 53a-126 290 to 53a-296, inclusive.127 (c) Any clerical error, including, but not limited to, recordkeeping,128 typographical, scrivener's or computer error, discovered in a record or129 document produced for any such audit, shall not of itself constitute a130 wilful violation of the rules of a medical assistance program131 administered by the Department of Social Services unless proof of intent132 to commit fraud or otherwise violate program rules is established. In133 determining which facilities shall be subject to audits, the Commissioner134 of Social Services may give consideration to the history of a facility's135 compliance in addition to other criteria used to select a facility for an136 audit.137 (d) A finding of overpayment or underpayment to such facility shall138 not be based on extrapolation unless (1) there is a determination of139 sustained or high level of payment error involving the facility, (2)140 documented educational intervention has failed to correct the level of141 payment error, or (3) the value of the claims in aggregate exceeds two142 hundred thousand dollars on an annual basis.143 (e) A facility, in complying with the requirements of any such audit,144 shall be allowed not less than thirty days to provide documentation in145 connection with any discrepancy discovered and brought to the146 attention of such facility in the course of any such audit.147 (f) The commissioner shall produce a preliminary written report148 concerning any audit conducted pursuant to this section and such149 preliminary report shall be provided to the facility that was the subjectLCO 5 of 14Substitute Bill No. 288150 of the audit not later than sixty days after the conclusion of such audit.151 (g) The commissioner shall, following the issuance of the preliminary152 report pursuant to subsection (f) of this section, hold an exit conference153 with any facility that was the subject of any audit pursuant to this154 subsection for the purpose of discussing the preliminary report. Such155 facility may present evidence at such exit conference refuting findings156 in the preliminary report.157 (h) The commissioner shall produce a final written report concerning158 any audit conducted pursuant to this subsection. Such final written159 report shall be provided to the facility that was the subject of the audit160 not later than sixty days after the date of the exit conference conducted161 pursuant to subsection (g) of this section, unless the commissioner and162 the facility agree to a later date or there are other referrals or163 investigations pending concerning the facility.164 (i) Any facility aggrieved by a final report issued pursuant to165 subsection (h) of this section may request a rehearing. A rehearing shall166 be held by the commissioner or the commissioner's designee, provided167 a detailed written description of all items of aggrievement in the final168 report is filed by the facility not later than ninety days following the date169 of written notice of the commissioner's decision. The rehearing shall be170 held not later than thirty days following the date of filing of the detailed171 written description of each specific item of aggrievement. The172 commissioner shall issue a final decision not later than sixty days173 following the close of evidence or the date on which final briefs are filed,174 whichever occurs later. Any items not resolved at such rehearing to the175 satisfaction of the facility or the commissioner shall be submitted to176 binding arbitration by an arbitration board consisting of one member177 appointed by the facility, one member appointed by the commissioner178 and one member appointed by the Chief Court Administrator from179 among the retired judges of the Superior Court, which retired judge180 shall be compensated for his services on such board in the same manner181 as a state referee is compensated for his services under section 52-434.182 The proceedings of the arbitration board and any decisions rendered byLCO 6 of 14Substitute Bill No. 288183 such board shall be conducted in accordance with the provisions of the184 Social Security Act, 42 USC 1396, as amended from time to time, and185 chapter 54.186 (j) The commissioner shall conduct audits of minimum data set187 information used in the calculation of Medicaid acuity-based per diem188 rates paid to licensed nursing homes. The commissioner shall conduct189 an audit of minimum data set information in accordance with the190 provisions of this section, except a nursing home shall provide all191 documentation requested by the commissioner pursuant to the192 minimum data set audit not later than ten days after the date on which193 the commissioner requests such documentation. The commissioner194 shall not accept any documentation submitted by a nursing home after195 the completion of the exit conference portion of the audit unless the196 commissioner and the nursing home agree to such submission of197 documentation.198 [(j)] (k) The submission of any false or misleading [fiscal] information199 or data to the commissioner shall be grounds for suspension of200 payments by the state under sections 17b-239 to 17b-246, inclusive, and201 sections 17b-340, as amended by this act, and 17b-343, in accordance202 with regulations adopted by the commissioner. In addition, any person,203 including any corporation, who knowingly makes or causes to be made204 any false or misleading statement or who knowingly submits false or205 misleading fiscal information or data on the forms approved by the206 commissioner shall be guilty of a class D felony.207 [(k)] (l) The commissioner, or any agent authorized by the208 commissioner to conduct any inquiry, investigation or hearing under209 the provisions of this section, shall have power to administer oaths and210 take testimony under oath relative to the matter of inquiry or211 investigation. At any hearing ordered by the commissioner, the212 commissioner or such agent having authority by law to issue such213 process may subpoena witnesses and require the production of records,214 papers and documents pertinent to such inquiry. If any person disobeys215 such process or, having appeared in obedience thereto, refuses toLCO 7 of 14Substitute Bill No. 288216 answer any pertinent question put to the person by the commissioner or217 the commissioner's authorized agent or to produce any records and218 papers pursuant thereto, the commissioner or the commissioner's agent219 may apply to the superior court for the judicial district of Hartford or220 for the judicial district wherein the person resides or wherein the221 business has been conducted, or to any judge of such court if the same222 is not in session, setting forth such disobedience to process or refusal to223 answer, and such court or judge shall cite such person to appear before224 such court or judge to answer such question or to produce such records225 and papers.226 [(l)] (m) The commissioner shall provide free training to facilities on227 the preparation of cost reports to avoid clerical errors and shall post228 information on the department's Internet web site concerning the229 auditing process and methods to avoid clerical errors. Not later than230 April 1, 2015, the commissioner shall establish audit protocols to assist231 facilities subject to audit pursuant to this section in developing232 programs to improve compliance with Medicaid requirements under233 state and federal laws and regulations, provided audit protocols may234 not be relied upon to create a substantive or procedural right or benefit235 enforceable at law or in equity by any person, including a corporation.236 The commissioner shall establish and publish on the department's237 Internet web site audit protocols for: (1) Licensed chronic and238 convalescent nursing homes, (2) chronic disease hospitals associated239 with chronic and convalescent nursing homes, (3) rest homes with240 nursing supervision, (4) licensed residential care homes, as defined in241 section 19a-490, and (5) residential facilities for persons with intellectual242 disability that are licensed pursuant to section 17a-227 and certified to243 participate in the Medicaid program as intermediate care facilities for244 individuals with intellectual disabilities. The commissioner shall ensure245 that the Department of Social Services, or any entity with which the246 commissioner contracts to conduct an audit pursuant to this section, has247 on staff or consults with, as needed, licensed health professionals with248 experience in treatment, billing and coding procedures used by the249 facilities being audited pursuant to this section.LCO 8 of 14Substitute Bill No. 288250 Sec. 4. Subsection (a) of section 17b-340 of the 2026 supplement to the251 general statutes is repealed and the following is substituted in lieu252 thereof (Effective July 1, 2026):253 (a) For purposes of this subsection, (1) a "related party" includes, but254 is not limited to, any company related to a chronic and convalescent255 nursing home through family association, common ownership, control256 or business association with any of the owners, operators or officials of257 such nursing home; (2) "company" means any person, partnership,258 association, holding company, limited liability company or corporation;259 (3) "family association" means a relationship by birth, marriage or260 domestic partnership; and (4) "profit and loss statement" means the261 most recent annual statement on profits and losses finalized by a related262 party before the annual report mandated under this subsection. The263 rates to be paid by or for persons aided or cared for by the state or any264 town in this state to licensed chronic and convalescent nursing homes,265 to chronic disease hospitals associated with chronic and convalescent266 nursing homes, to rest homes with nursing supervision, to licensed267 residential care homes, as defined by section 19a-490, and to residential268 facilities for persons with intellectual disability that are licensed269 pursuant to section 17a-227 and certified to participate in the Title XIX270 Medicaid program as intermediate care facilities for individuals with271 intellectual disabilities, for room, board and services specified in272 licensing regulations issued by the licensing agency shall be determined273 annually, except as otherwise provided in this subsection by the274 Commissioner of Social Services, to be effective July first of each year275 except as otherwise provided in this subsection. Such rates shall be276 determined on a basis of a reasonable payment for such necessary277 services, which basis shall take into account as a factor the costs of such278 services. Cost of such services shall include reasonable costs mandated279 by collective bargaining agreements with certified collective bargaining280 agents or other agreements between the employer and employees,281 provided "employees" shall not include persons who are a related party282 or employed as managers or chief administrators or required to be283 licensed as nursing home administrators, and compensation for servicesLCO 9 of 14Substitute Bill No. 288284 rendered by proprietors at prevailing wage rates, as determined by285 application of principles of accounting as prescribed by said286 commissioner. Cost of such services shall not include amounts paid by287 the facilities to employees as salary, or to attorneys or consultants as288 fees, where the responsibility of the employees, attorneys, or consultants289 is to persuade or seek to persuade the other employees of the facility to290 support or oppose unionization. Nothing in this subsection shall291 prohibit inclusion of amounts paid for legal counsel related to the292 negotiation of collective bargaining agreements, the settlement of293 grievances or normal administration of labor relations. The294 commissioner may, in the commissioner's discretion, allow the inclusion295 of extraordinary and unanticipated costs of providing services that were296 incurred to avoid an immediate negative impact on the health and safety297 of patients. The commissioner may, in the commissioner's discretion,298 based upon review of a facility's costs, direct care staff to patient ratio299 and any other related information, revise a facility's rate for any300 increases or decreases to total licensed capacity of more than ten beds or301 changes to its number of licensed rest home with nursing supervision302 beds and chronic and convalescent nursing home beds. The303 commissioner may, in the commissioner's discretion, revise the rate of a304 facility that is closing. An interim rate issued for the period during305 which a facility is closing shall be based on a review of facility costs, the306 expected duration of the close-down period, the anticipated impact on307 Medicaid costs, available appropriations and the relationship of the rate308 requested by the facility to the average Medicaid rate for a close-down309 period. The commissioner may so revise a facility's rate established for310 the fiscal year ending June 30, 1993, and thereafter for any bed increases,311 decreases or changes in licensure effective after October 1, 1989.312 Effective July 1, 1991, in facilities that have both a chronic and313 convalescent nursing home and a rest home with nursing supervision,314 the rate for the rest home with nursing supervision shall not exceed such315 facility's rate for its chronic and convalescent nursing home. All such316 facilities for which rates are determined under this subsection shall317 report on a fiscal year basis ending on September thirtieth. Such report318 shall be submitted to the commissioner by February fifteenth. EachLCO 10 of 14Substitute Bill No. 288319 chronic and convalescent nursing home that receives state funding320 pursuant to this section shall include in such annual report a profit and321 loss statement from each related party that receives from such chronic322 and convalescent nursing home thirty thousand dollars or more per323 year for goods, fees and services. No cause of action or liability shall324 arise against the state, the Department of Social Services, any state325 official or agent for failure to take action based on the information326 required to be reported under this subsection. The commissioner may327 reduce the rate in effect for a facility that fails to submit a complete and328 accurate report on or before February fifteenth by an amount not to329 exceed ten per cent of such rate. If a licensed residential care home fails330 to submit a complete and accurate report, the department shall notify331 such home of the failure and the home shall have thirty days from the332 date the notice was issued to submit a complete and accurate report. If333 a licensed residential care home fails to submit a complete and accurate334 report not later than thirty days after the date of notice, such home may335 not receive a retroactive rate increase, in the commissioner's discretion.336 The commissioner shall, annually, on or before April first, report the337 data contained in the reports of such facilities on the department's338 Internet web site. For the cost reporting year commencing October 1,339 1985, and for subsequent cost reporting years, facilities shall report the340 cost of using the services of any nursing personnel supplied by a341 temporary nursing services agency by separating said cost into two342 categories, the portion of the cost equal to the salary of the employee for343 whom the nursing personnel supplied by a temporary nursing services344 agency is substituting shall be considered a nursing cost and any cost in345 excess of such salary shall be further divided so that seventy-five per346 cent of the excess cost shall be considered an administrative or general347 cost and twenty-five per cent of the excess cost shall be considered a348 nursing cost, provided if the total costs of a facility for nursing personnel349 supplied by a temporary nursing services agency in any cost year are350 equal to or exceed fifteen per cent of the total nursing expenditures of351 the facility for such cost year, no portion of such costs in excess of fifteen352 per cent shall be classified as administrative or general costs. The353 commissioner, in determining such rates, shall also take into account theLCO 11 of 14Substitute Bill No. 288354 classification of patients or boarders according to special care355 requirements or classification of the facility according to such factors as356 facilities and services and such other factors as the commissioner deems357 reasonable, including anticipated fluctuations in the cost of providing358 such services. The commissioner may establish a separate rate for a359 facility or a portion of a facility for traumatic brain injury patients who360 require extensive care but not acute general hospital care. Such separate361 rate shall reflect the special care requirements of such patients. If362 changes in federal or state laws, regulations or standards adopted363 subsequent to June 30, 1985, result in increased costs or expenditures in364 an amount exceeding one-half of one per cent of allowable costs for the365 most recent cost reporting year, the commissioner shall adjust rates and366 provide payment for any such increased reasonable costs or367 expenditures within a reasonable period of time retroactive to the date368 of enforcement. Nothing in this section shall be construed to require the369 Department of Social Services to adjust rates and provide payment for370 any increases in costs resulting from an inspection of a facility by the371 Department of Public Health. Such assistance as the commissioner372 requires from other state agencies or departments in determining rates373 shall be made available to the commissioner at the commissioner's374 request. Payment of the rates established pursuant to this section shall375 be conditioned on the establishment by such facilities of admissions376 procedures that conform with this section, section 19a-533 and all other377 applicable provisions of the law and the provision of equality of378 treatment to all persons in such facilities. The established rates shall be379 the maximum amount chargeable by such facilities for care of such380 beneficiaries, and the acceptance by or on behalf of any such facility of381 any additional compensation for care of any such beneficiary from any382 other person or source shall constitute the offense of aiding a beneficiary383 to obtain aid to which the beneficiary is not entitled and shall be384 punishable in the same manner as is provided in subsection (b) of385 section 17b-97. Notwithstanding any provision of this section, the386 Commissioner of Social Services may, within available appropriations,387 provide an interim rate increase for a licensed chronic and convalescent388 nursing home or a rest home with nursing supervision for rate periodsLCO 12 of 14Substitute Bill No. 288389 no earlier than April 1, 2004, only if the commissioner determines that390 the increase is necessary to avoid the filing of a petition for relief under391 Title 11 of the United States Code; imposition of receivership pursuant392 to sections 19a-542 and 19a-543; or substantial deterioration of the393 facility's financial condition that may be expected to adversely affect394 resident care and the continued operation of the facility, and the395 commissioner determines that the continued operation of the facility is396 in the best interest of the state. The commissioner shall consider any397 requests for interim rate increases on file with the department from398 March 30, 2004, and those submitted subsequently for rate periods no399 earlier than April 1, 2004. When reviewing an interim rate increase400 request the commissioner shall, at a minimum, consider: (A) Existing401 chronic and convalescent nursing home or rest home with nursing402 supervision utilization in the area and projected bed need; (B) physical403 plant long-term viability and the ability of the owner or purchaser to404 implement any necessary property improvements; (C) licensure and405 certification compliance history; (D) reasonableness of actual and406 projected expenses; and (E) the ability of the facility to meet wage and407 benefit costs. No interim rate shall be increased pursuant to this408 subsection in excess of one hundred fifteen per cent of the median rate409 for the facility's peer grouping, established pursuant to subdivision (3)410 of subsection (a) of section 17b-340d, unless recommended by the411 commissioner and approved by the Secretary of the Office of Policy and412 Management after consultation with the commissioner. Such median413 rates shall be published by the Department of Social Services not later414 than April first of each year. In the event that a facility granted an415 interim rate increase pursuant to this section is sold or otherwise416 conveyed for value to an unrelated entity less than five years after the417 effective date of such rate increase, the rate increase shall be deemed418 rescinded and the department shall recover an amount equal to the419 difference between payments made for all affected rate periods and420 payments that would have been made if the interim rate increase was421 not granted. The commissioner may seek recovery of such payments422 from any facility with common ownership. With the approval of the423 Secretary of the Office of Policy and Management, the commissionerLCO 13 of 14Substitute Bill No. 288424 may waive recovery and rescission of the interim rate for good cause425 shown that is not inconsistent with this section, including, but not426 limited to, transfers to family members that were made for no value. The427 commissioner shall provide written quarterly reports to the joint428 standing committees of the General Assembly having cognizance of429 matters relating to aging, human services and appropriations and the430 budgets of state agencies, that identify each facility requesting an431 interim rate increase, the amount of the requested rate increase for each432 facility, the action taken by the commissioner and the secretary pursuant433 to this subsection, and estimates of the additional cost to the state for434 each approved interim rate increase. Nothing in this subsection shall435 prohibit the commissioner from increasing the rate of a licensed chronic436 and convalescent nursing home or a rest home with nursing supervision437 for allowable costs associated with facility capital improvements or438 increasing the rate in case of a sale of a licensed chronic and convalescent439 nursing home or a rest home with nursing supervision if receivership440 has been imposed on such home. For purposes of this section,441 "temporary nursing services agency" and "nursing personnel" have the442 same meaning as provided in section 19a-118.This act shall take effect as follows and shall amend the followingsections:Section 1 from passage 17b-354(a)Sec. 2 from passage 17b-355Sec. 3 July 1, 2026 17b-99aSec. 4 July 1, 2026 17b-340(a)Statement of Legislative Commissioners:In Section 1(a), "outlined in" was changed to "described in" for accuracyand Section 3(j) was redrafted for clarity.AGE Joint Favorable Subst. -LCOLCO 14 of 14
To (1) authorize additional nursing home beds in certain geographic areas of the state under certain conditions, (2) require licensed nursing homes to submit resident data to the Commissioner of Social Services in a timely fashion to ensure proper calculation of reimbursement rates, and (3) authorize the commissioner not to include related parties as employees when considering costs of a nursing home in rate determinations.
Sponsors
Aging Committee sponsors SB 288, and 4 members have co-sponsored it.
Committees
SB 288 went before 1 committee: Select Committee on Aging.
History
SB 288 has taken 9 actions since Feb 19, 2026, the latest on Mar 23, 2026.
| Chamber | Action | |||
|---|---|---|---|---|
Mar 23, 2026 | Senate | Reported Out of Legislative Commissioners' Office | ||
Mar 23, 2026 | Senate | Favorable Report, Tabled for the Calendar, Senate | ||
Mar 23, 2026 | Senate | Senate Calendar Number 97 | ||
Mar 23, 2026 | Senate | File Number 124 | ||
Mar 16, 2026 | Senate | Referred to Office of Legislative Research and Office of Fiscal Analysis 03/23/26 12:00 PM |
Votes
SB 288 went to 1 roll call in the J, the latest on Mar 5, 2026 at 14–0.
| Chamber | Question | Yea | Nay | |||
|---|---|---|---|---|---|---|
Mar 5, 2026 | J | AGE Vote Tally Sheet (Joint Favorable) | 14 | 0 |
Source: cga.ct.gov · legiscan.com
