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--- version:Public Act No. 26-146+++ version:(document, no version)@@ -1,214 +1,115 @@-Substitute House Bill No. 5561+OFFICE OF FISCAL ANALYSIS+Legislative Office Building, Room 5200+Hartford, CT 06106 (860) 240-0200+http://www.cga.ct.gov/ofa+sHB-5561+AN ACT CONCERNING MEDICAID RATE INCREASES FOR+CERTAIN PROVIDERS.-Public Act No. 26-146+Primary Analyst: ES 4/7/26+Contributing Analyst(s): NB, LD, JP+Reviewer: RW-AN ACT CONCERNING A FIVE -YEAR MEDICAID RATE REVIEW,-DENTAL REPRESENTATION ON A MEDICAL ASSISTANCE-OVERSIGHT COUNCIL, BIOMARKER TESTING AND OPIOID-PRESCRIPTION COVERAGE REQUIREMENTS AND A STUDY-CONCERNING PAYMENT OF SPOUSES FOR STATE -SUBSIDIZED-HOME CARE.-Be it enacted by the Senate and House of Representatives in General-Assembly convened:+OFA Fiscal Note-Section 1. (NEW) ( Effective July 1, 2026 ) (a) As used in this section,-"Medicaid rate study" means the study commissioned by the-Department of Social Services pursuant to section 1 of public act 23-186.-(b) The Commissioner of Social Services shall create a five -year-process for the regular and predictable review of Medicaid rates of-reimbursement, which shall (1) examine the rates of reimbursement-paid to Medicaid providers, and (2) benchmark such rates to rates for-the same services paid by Medicare when possible under available-appropriations. Not later than January 1, 2027, the commissioner shall-review Medicaid rates of reimbursement in accordance with such-process.-(c) The Medicaid rate review process may include the evaluation of-rates paid in individual components of the Medicaid program, provided-an evaluation of all rates paid shall be completed not later than January-Substitute House Bill No. 5561+State Impact:+Agency Affected Fund-Effect FY 27 $ FY 28 $+Social Services, Dept. GF - Cost $35.4+million+$39.4+million+Social Services, Dept. GF - Cost See Below See Below+Note: GF=General Fund-Public Act No. 26-146 2 of 7+Municipal Impact: None+Explanation+The bill results in increased costs to the Department of Social Services+(DSS) associated with increasing various provider rates under+Medicaid, as described by relevant sections below.+Section 2 results in a cost to DSS of approximately $350,000 in FY 27+and FY 28 due to excluding prevention services from the annual cap on+Medicaid dental payments.+Section 3 may result in a cost to the extent that adding periodontal+therapy to Medicaid nonemergency dental services for health y adults+expands coverage beyond current practice.+Section 5 results in a cost to increase Medicaid rates for services+provided by a safety net pediatric dental clinic to not less than the rates+for such services provided by a federally qualified health center+(FQHC). The extent of the state cost is dependent on the Medicaid rates+established and associated utilization. For context, the current average+2026HB-05561-R000445-FN.DOCX Page 2 of 4-1, 2032. As part of this process, the commissioner may, in consultation-with the Secretary of the Office of Policy and Management, review and,-to the extent funds are appropriated for this purpose, increase and-rebase rates at the conclusion of each calendar year using an applicable,-more current Medicare base year to (1) strengthen access to care, (2)-improve quality and outcomes of care, and (3) reduce spending on acute-care services.-(d) At the conclusion of the five -year review process prescribed by-this section, the commissioner shall commence a new review following-the same schedule of evaluation and thereafter shall continue to-commence such reviews every five years. As part of the review process,-the commissioner shall streamline and consolidate existing fee-schedules used for provider or service reimbursement so that every-provider is reimbursed for the same service using the same fee schedule.-In streamlining and consolidating existing fee schedules, the-commissioner shall take into consideration, among other factors and to-the extent applicable, the most recent Medicare fee schedule for services-covered by Medicare as well as Medicaid.-(e) The commissioner shall develop a process to accept public-comment as part of the Medicaid rate evaluation process. Such public --comment process shall, at a minimum, allow for the submission of-written comments by a means prescribed by the commissioner and oral-comments (1) at one or more public meetings held at a time and place-selected by the commissioner, and (2) at one or more meetings of the-Council on Medical Assistance Program Oversight, established-pursuant to section 17b -28 of the general statute s, as amended by this-act.-(f) Not later than January 15, 2028, and annually thereafter, the-commissioner shall file a report, in accordance with the provisions of-section 11-4a of the general statutes, with the joint standing committees-of the General Assembly having cognizance of matters relating to-Substitute House Bill No. 5561+FQHC dental rate is $204 per visit.+The bill also allows DSS to establish a supplemental payment pool to+reimburse a safety net pediatric dental clinic for uncompensated care ,+resulting in a potential cost should DSS choose to fund such pool.+Section 7 results in a cost to increase Medicaid rates for optometrists+to equal rates paid for ophthalmologists. Based on the average cost per+unit of service, optometrist rates would increase from approximately+$42 per unit of service to $98 per unit, resulting in increased state costs+of approximately $14.5 million in FY 27 and $15.8 million in FY 28.+Section 8 results in a cost to increase Medica id rates for services+provided by a doula, psychologist, acupuncturist and an emergency+room physician. The extent of the cost is based on the applied increases,+which are not specified in the bill.+Section 9 requires DSS to annually increase the fee schedule for all+home health services by 10% from 7/1/26 through 6/30/31, resulting+in costs of approximately $9 million in FY 27 and $11.1 million in FY 28+growing to approximately $16.2 million in FY 31.+This section also results in costs of approximately $2.5 million in FY+27 and $2.8 million in FY 28 due to prohibiting a reduction in home+health rates for subsequent visits by the same psychiatric nurse to the+same address to provide behavioral health services.+The bill results in additional costs associated with requiring rather+than allowing DSS to increase payments for certain extraordinary costs,+to the extent they would not have otherwise done so.+Section 10 results in costs of $2.5 million in FY 27 and $2.8 million in+FY 28 due to increasing the fee schedule for homemaker -companion+services by 13% in each year. The bill requires rates to be increased b y+10% each year for FY 29 through FY 31 , resulting in costs of+approximately $2.6 million in FY 29, $3.1 million in FY 30 and $3.7+million in FY 31.+2026HB-05561-R000445-FN.DOCX Page 3 of 4-Public Act No. 26-146 3 of 7+This section results in additional costs of $240,500 in FY 27 and+$285,700 in FY 28 due to increasing the fee schedule for meals on wheels+providers by 4.9% in FY 27.+Section 11 results in a cost of $506,900 in FY 27 and FY 28 to increase+the Medicaid rate for Gaylord Specialty Care by two hundred six dollars+per patient per day.+Section 12 prohibits DSS from taking certain actions related to the use+of non-opioid drugs compared to opioid drugs for pain management or+treatment. To the extent the provisions result in changes in utilization or+use of specific drugs, DSS will experience a fiscal impact that cannot be+determined at this time.+Section 13 allows DSS to require a practitioner prescribing an opioid+drug to a Medicaid recipient, to complete training in effective pain+management, as a condition of receiving the associated Medicaid+payment. This may result in savings to the extent providers do not+participate in the training and DSS chooses to withhold payment.+Section 14 results in a cost to increase Medicaid rates for providers of+family planning service s. The extent of the cost is dependent on the+applied increase, which is not specified in the bill.+Section 15 results in a cost to annually increase rates for certain+facilities beginning in FY 27. The extent of the cost is dependent on the+base rates, as determined by the most recent cost report filed by a+facility, and the most recent increase in the consumer price index for all+urban consumers.+Section 18 results in a cost of approximately $5.8 million in FY 27 and+FY 28 associated with increasing certain rates in accordance with the+Medicaid rate study supported by PA 23-186. Costs reflect increased+rates for durable medical equipment and ($2 million) and prosthetics+2026HB-05561-R000445-FN.DOCX Page 4 of 4-appropriations and the budgets of state agencies and human services on-the rate evaluation process. The report shall include the commissioner's-recommendations on the level of appropriations required to increase-compensation for Medicaid providers for health care services in-accordance with this section and a description of the data and-methodology used to reach such recommendations.-Sec. 2. Subsection (c) of section 17b-28 of the 2026 supplement to the-general statutes is repealed and the following is substituted in lieu-thereof (Effective July 1, 2026):-(c) On and after October 31, 2017, the council shall be composed of-the following members:-(1) The chairpersons and ranking members of the joint standing-committees of the General Assembly having cognizance of matters-relating to aging, human services, public health and appropriations and-the budgets of state agencies, or their designees;-(2) Five appointed by the speaker of the House of Representatives,-one of whom shall be a member of the General Assembly, one of whom-shall be a community provider of adult Medicaid health services, one of-whom shall be a recipient of Medicaid benefits for the aged , blind and-disabled or an advocate for such a recipient , one of whom shall be a-representative of the state's federally qualified health clinics and one of-whom shall be a member of the Connecticut Hospital Association;-(3) Five appointed by the president pro tempore of the Senate, one of-whom shall be a member of the General Assembly, one of whom shall-be a representative of the home health care industry, one of whom shall-be a primary care medical home provider, one of whom sha ll be an-advocate for Department of Children and Families foster families and-one of whom shall be a representative of the business community with-experience in cost efficiency management;-Substitute House Bill No. 5561+and orthotics ($1.8 million).1+The bill makes technical, conforming and other changes that have no+fiscal impact.+The Out Years+The annualized ongoing fiscal impact identified above would+continue into the future subject to inflation and Medicaid rate increases+discussed above.-Public Act No. 26-146 4 of 7--(4) Three appointed by the majority leader of the House of-Representatives, one of whom shall be an advocate for persons with-substance abuse disabilities, one of whom shall be a Medicaid dental-provider and one of whom shall be a representative of the for -profit-nursing home industry;-(5) Three appointed by the majority leader of the Senate, one of whom-shall be a representative of school -based health centers, one of whom-shall be a recipient of benefits under the HUSKY Health program and-one of whom shall be a physician who serves Medicaid clients;-(6) Three appointed by the minority leader of the House of-Representatives, one of whom shall be an advocate for persons with-disabilities, one of whom shall be a dually eligible Medicaid -Medicare-beneficiary or an advocate for such a beneficiary and one of whom shall-be a representative of the not-for-profit nursing home industry;-(7) Three appointed by the minority leader of the Senate, one of-whom shall be a low-income adult recipient of Medicaid benefits or an-advocate for such a recipient, one of whom shall be a representative of-hospitals and one of whom shall be a representative of the business-community with experience in cost efficiency management;-(8) The executive director of the Commission on Women, Children,-Seniors, Equity and Opportunity, or the executive director's designee;-(9) A member of the Commission on Women, Children, Seniors,-Equity and Opportunity, designated by the executive director of said-commission;-(10) A representative of the Long-Term Care Advisory Council;-(11) The Commissioners of Social Services, Children and Families,-Public Health, Developmental Services, Aging and Disability Services-and Mental Health and Addiction Services, or their designees, who shall-Substitute House Bill No. 5561--Public Act No. 26-146 5 of 7--be ex-officio nonvoting members;-(12) The Comptroller, or the Comptroller's designee, who shall be an-ex-officio nonvoting member;-(13) The Secretary of the Office of Policy and Management, or the-secretary's designee, who shall be an ex -officio nonvoting member;-[and]-(14) One representative of an administrative services organization-which contracts with the Department of Social Services in the-administration of the Medicaid program, who shall be a nonvoting-member; and-(15) A representative of the Department of Social Services'-Connecticut Dental Health Partnership's Dental Policy Advisory-Council.-Sec. 3. ( Effective from passage ) As used in this section, "biomarker-testing" has the same meaning as provided in section 17b -278m of the-general statutes. Not later than October 1, 2026, the Commissioner of-Social Services shall file a report, in accordance with the provisions of-section 11-4a of the general statutes, with the joint standing committee-of the General Assembly having cognizance of matters relating to-human services on (1) prior authorization requirements for Medicaid-coverage of biomarker testing, including, but not limited to, any impact-such requirements have on access to biomarker testing by Medicaid-beneficiaries, and (2) the number of Medicaid beneficiaries who have-had biomarker testing approved for Medicaid coverage in the fiscal year-ending June 30, 2026.-Sec. 4. (NEW) ( Effective July 1, 2026 ) (a) As used in this section, (1)-"prescribing practitioner" means a physician, dentist, podiatrist,-optometrist, physician assistant, advanced practice registered nurse or-nurse-midwife enrolled as a Medicaid provider who is licensed by the-Substitute House Bill No. 5561--Public Act No. 26-146 6 of 7--state and authorized to prescribe opioid drugs within the scope of such-person's practice, and (2) "opioid drug" has the same meaning as-provided in section 20-14o of the general statutes.-(b) A prescribing practitioner who prescribes an opioid drug for the-treatment of a Medicaid beneficiary's pain shall consider the feasibility-of nonopioid treatment options, including, but not limited to,-chiropractic treatment, spinal cord stimulation, a cupuncture and-physical therapy.-(c) The Commissioner of Social Services may adopt regulations in-accordance with the provisions of chapter 54 of the general statutes to-implement the provisions of this section.-Sec. 5. (Effective from passage) (a) There is established a working group-to study the feasibility of allowing spouses to be compensated for-providing personal care assistance for spouses enrolled in home care-programs funded under the state medical assistance program.-(b) The working group shall consist of:-(1) The Commissioner of Social Services, or the commissioner's-designee;-(2) The Secretary of the Office of Policy and Management, or the-secretary's designee;-(3) The House and Senate chairpersons of the joint standing-committee of the General Assembly having cognizance of matters-relating to human services, or their designees; and-(4) A consumer of personal care services and a representative of an-organization providing such services, appointed by the chairpersons of-the joint standing committee of the General Assembly having-cognizance of matters relating to human services.-Substitute House Bill No. 5561--Public Act No. 26-146 7 of 7--(c) The chairperson of the working group shall be selected by the-House and Senate chairpersons of the joint standing committee of the-General Assembly having cognizance of matters relating to human-services. All appointments to the working group shall be made not later-than thirty days after the effective date of this section. The chairperson-shall schedule a meeting of the working group not later than sixty days-after the effective date of this section.-(d) The administrative staff of the joint standing committee of the-General Assembly having cognizance of matters relating to human-services shall serve as administrative staff of the working group.-(e) Not later than January 1, 2027, the working group shall submit a-report on its findings and recommendations to the joint standing-committee of the General Assembly having cognizance of matters-relating to human services in accordance with the provision s of section-11-4a of the general statutes. The working group shall terminate on the-date that it submits such report or January 1, 2027, whichever is later.--Governor's Action:-Approved June 2, 2026+1 While the bill requires that rates for supplies and complex rehabilitation technology+be increased in accordance with the rates study, the benchmark summary analysis+shows that (1) no net funding is needed to meet the study benchmarks for supplies,+and (2) no specific reference is made to complex rehab technology.
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