Sec. 38a-475. Precertification of long-term care policies under the Connecticut Partnership for Long-Term Care. Regulations.
Sec. 38a-475. Precertification of long-term care policies under the Connecticut Partnership for Long-Term Care. Regulations. The Insurance Department shall
only precertify long-term care insurance policies which (1) alert the purchaser to the
availability of consumer information and public education provided by the Department
of Social Services pursuant to section 17b-251; (2) offer the option of home and community-based services in addition to nursing home care; (3) in all home care plans, include
case management services delivered by an access agency approved by the Office of
Policy and Management and the Department of Social Services as meeting the requirements for such agency as defined in regulations adopted pursuant to subsection (e) of
section 17b-342, which services shall include, but need not be limited to, the development of a comprehensive individualized assessment and care plan and, as needed, the
coordination of appropriate services and the monitoring of the delivery of such services;
(4) provide inflation protection; (5) provide for the keeping of records and an explanation
of benefit reports on insurance payments which count toward Medicaid resource exclusion; and (6) provide the management information and reports necessary to document
the extent of Medicaid resource protection offered and to evaluate the Connecticut Partnership for Long-Term Care. No policy shall be precertified if it requires prior hospitalization or a prior stay in a nursing home as a condition of providing benefits. The commissioner may adopt regulations, in accordance with chapter 54, to carry out the
precertification provisions of this section.
(P.A. 89-352, S. 3, 6; P.A. 91-187, S. 3, 4; P.A. 93-262, S. 1, 87; P.A. 95-160, S. 14, 69; P.A. 96-139, S. 12, 13; P.A.
04-10, S. 14; 04-257, S. 62.)
History: P.A. 91-187 amended Subdivs. (2), (3) and (4) to require all precertified policies to provide that the option of
home and community-based services be offered in addition to nursing home care, that all home care plans include case
management services and that all such policies provide inflation protection, deleting provision re option to furnish periodic
per diem upgrades until insured begins receiving long-term care benefits; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; P.A. 95-160
replaced a reference to coordination, assessment and monitoring agencies with access agencies, effective July 1, 1995
(Revisor's note: A reference to "Department of Insurance" was replaced editorially by the Revisors with "Insurance
Department" for consistency with customary statutory usage); P.A. 96-139 changed effective date of P.A. 95-160 but
without affecting this section; P.A. 04-10, effective October 1, 2004, and P.A. 04-257, effective June 14, 2004, both
substituted "17b-251" for "17a-307".
See Sec. 17b-251 re outreach program.
See Sec. 17b-252 re establishment of Connecticut Partnership for Long-Term Care pilot program.
See Sec. 17b-253 re amendments to Medicaid regulations and state plan, and regulations re determining eligibility of
applicants for Medicaid and coverage requirements for long-term care benefits.
See Sec. 17b-254 re foundation funds and federal approval and report to General Assembly.