2005 Connecticut Code - Sec. 19a-507. (Formerly Sec. 19-589a). New Horizons independent living facility for severely physically disabled adults.
Sec. 19a-507. (Formerly Sec. 19-589a). New Horizons independent living facility for severely physically disabled adults. (a) Notwithstanding the provisions of chapter 368z, New Horizons, Inc., a nonprofit, nonsectarian organization, or a subsidiary
organization controlled by New Horizons, Inc., is authorized to construct and operate
an independent living facility for severely physically disabled adults, in the town of
Farmington, provided such facility shall be constructed in accordance with applicable
building codes. The Farmington Housing Authority, or any issuer acting on behalf of
said authority, subject to the provisions of this section, may issue tax-exempt revenue
bonds on a competitive or negotiated basis for the purpose of providing construction
and permanent mortgage financing for the facility in accordance with Section 103 of
the Internal Revenue Code. Prior to the issuance of such bonds, plans for the construction
of the facility shall be submitted to and approved by the Office of Health Care Access.
The office shall approve or disapprove such plans within thirty days of receipt thereof.
If the plans are disapproved they may be resubmitted. Failure of the office to act on the
plans within such thirty-day period shall be deemed approval thereof. The payments to
residents of the facility who are eligible for assistance under the state supplement program for room and board and necessary services, shall be determined annually to be
effective July first of each year. Such payments shall be determined on a basis of a
reasonable payment for necessary services, which basis shall take into account as a
factor the costs of providing those services and such other factors as the commissioner
deems reasonable, including anticipated fluctuations in the cost of providing services.
Such payments shall be calculated in accordance with the manner in which rates are
calculated pursuant to section 17b-340 and the cost related reimbursement system pursuant to said section except that efficiency incentives shall not be granted. The commissioner may adjust such rates to account for the availability of personal care services for
residents under the Medicaid program. The commissioner shall, upon submission of a
request, allow actual debt service, comprised of principal and interest, in excess of
property costs allowed pursuant to section 17-313b-5 of the regulations of Connecticut
state agencies, provided such debt service terms and amounts are reasonable in relation
to the useful life and the base value of the property. The cost basis for such payment
shall be subject to audit, and a recomputation of the rate shall be made based upon such
audit. The rate in effect June 30, 1991, shall remain in effect through June 30, 1992,
except that if the rate would have been decreased effective July 1, 1991, it shall be
decreased. The facility shall report on a fiscal year ending on the thirtieth day of September on forms provided by the commissioner. The required report shall be received by
the commissioner no later than December thirty-first of each year. The Department of
Social Services may use its existing utilization review procedures to monitor utilization
of the facility. If the facility is aggrieved by any decision of the commissioner, the facility
may, within ten days, after written notice thereof from the commissioner, obtain by
written request to the commissioner, a hearing on all items of aggrievement. If the facility
is aggrieved by the decision of the commissioner after such hearing, the facility may
appeal to the Superior Court in accordance with the provisions of section 4-183.
(P.A. 77-569, S. 2, 3; 77-614, S. 587, 608, 610; P.A. 78-303, S. 85, 136; P.A. 79-92, S. 1, 2; P.A. 83-482, S. 1, 2; June Sp. Sess. P.A. 91-8, S. 19, 63; P.A. 93-262, S. 1, 87; May Sp. Sess. P.A. 94-5, S. 13, 30; P.A. 95-257, S. 39, 58; 95-338, S. 2, 3; June 18 Sp. Sess. P.A. 97-2, S. 92, 165; P.A. 99-279, S. 26, 45.)
History: P.A. 77-614 and 78-303 allowed substitution of commissioner of income maintenance for social services commissioner, effective January 1, 1979; P.A. 79-92 substituted "account" for "fund" and changed purpose for which account to be used from payment of bonds issued by Connecticut Health and Educational Facilities Authority as stated; Sec. 19-589a transferred to Sec. 19a-507 in 1983; P.A. 83-482 authorized construction of "independent living facility for severely physically disabled adults" rather than of "health care facility for the handicapped", required that construction accord with building codes rather than public health codes, added (1) authority for the issuance of tax-exempt revenue bonds, (2) commission on hospitals and health care approval of construction plans, (3) payments to residents who are eligible for assistance under Ch. 302, the method for the determination of such payments and the appeal procedure, and also deleted provisions in Subsec. (b) concerning work incentive positions, reimbursement from the state and federal government and an escrow account for patients' earnings; June Sp. Sess. P.A. 91-8 amended Subsec. (a) to maintain rates paid by the state as of June 30, 1991, through June 30, 1992, except for scheduled decreases; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; May Sp. Sess. P.A. 94-5 amended Subsec. (a) to require the commissioner to allow actual debt service in excess of property costs allowed based upon the useful life and base value of the property and deleted provision limiting fair rental value to no more than the sum of building depreciation and reported mortgage interest, effective July 1, 1994; P.A. 95-257 replaced Commission on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995; P.A. 95-338 expanded the exemption for New Horizons, Inc. to include a subsidiary organization, effective July 13, 1995; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) to make a technical change, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) to allow the commissioner to adjust rates to account for the availability of personal care services for residents under the Medicaid program, effective July 1, 1999.
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