Sec. 38a-1052. Office of the Cannabis Ombudsman established. Duties.
Sec. 38a-1060. Office of the Behavioral Health Advocate established. Duties.
Sec. 38a-1061. Behavioral Health Advocate appointment.
Sec. 38a-1052. Office of the Cannabis Ombudsman established. Duties. (a) For the purposes of this section:
(1) “Caregiver” has the same meaning as provided in section 21a-408;
(2) “Marijuana” has the same meaning as provided in section 21a-240;
(3) “Palliative use” has the same meaning as provided in section 21a-408; and
(4) “Qualifying patient” has the same meaning as provided in section 21a-408.
(b) There is established, within available appropriations, an Office of the Cannabis Ombudsman, which shall be within the Office of the Healthcare Advocate for administrative purposes only. The Office of the Cannabis Ombudsman shall be under the direction of a Cannabis Ombudsman. The Healthcare Advocate shall appoint an individual who is familiar with the palliative use of marijuana and the medical cannabis system to serve as the Cannabis Ombudsman.
(c) The Office of the Cannabis Ombudsman shall:
(1) Represent the interests of qualifying patients and caregivers;
(2) Identify, investigate and resolve complaints made by, or on behalf of, qualifying patients and caregivers;
(3) Monitor the palliative use of marijuana as authorized under chapter 420f;
(4) Report action, inaction or decisions that may adversely affect the health, safety, welfare or rights of qualifying patients;
(5) Analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations and other government policies and actions concerning the health, safety, welfare and rights of qualifying patients and caregivers;
(6) Recommend any changes to the laws, regulations, policies and actions described in subdivision (5) of this subsection that the office deems appropriate to, among other things, improve the palliative marijuana market in this state; and
(7) Facilitate public comment on the laws, regulations, policies and actions described in subdivision (5) of this subsection.
(P.A. 23-79, S. 49.)
History: P.A. 23-79 effective June 26, 2023.
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Sec. 38a-1060. Office of the Behavioral Health Advocate established. Duties. (a) There is established an Office of the Behavioral Health Advocate which shall be within the Insurance Department for administrative purposes only.
(b) The Office of the Behavioral Health Advocate may:
(1) Assist mental and behavioral health care providers, who are licensed, certified or registered in the state, with receiving payments for claims submitted to health carriers for services provided to covered patients;
(2) Assist state residents with accessing mental and behavioral health care and related resources;
(3) Provide information to the public, agencies, legislators and others regarding the problems and concerns of mental and behavioral health care providers and patients and make recommendations for resolving such problems and concerns;
(4) Analyze and monitor the development and implementation of federal, state and local laws, regulations and policies relating to mental and behavioral health care and recommend changes as necessary;
(5) Facilitate public comment by mental and behavioral health care providers and patients on laws, regulations and policies, including, but not limited to, the policies and actions of health carriers;
(6) Coordinate services with the Healthcare Advocate to assist individuals with obtaining access to and coverage for mental and behavioral health care services and to fulfill the duties set forth in subsections (e) and (g) of section 38a-1041;
(7) Ensure that mental and behavioral health care providers and patients have timely access to the services provided by the office;
(8) Establish a toll-free number, or any other free calling option, to allow access to the services provided by the Behavioral Health Advocate;
(9) Pursue administrative remedies on behalf of and with the consent of any mental and behavioral health care providers and patients;
(10) Adopt regulations, pursuant to chapter 54, to carry out the provisions of this section; and
(11) Take any other actions necessary to fulfill the purposes of this section.
(c) The Office of the Behavioral Health Advocate shall make a referral to the Insurance Commissioner if the Behavioral Health Advocate finds that a health carrier may have engaged in a pattern or practice that is in violation of any provision of section 38a-476a or sections 38a-488a to 38a-489, inclusive.
(d) All state agencies shall comply with reasonable requests of the Office of the Behavioral Health Advocate for information and assistance.
(e) Not later than January 1, 2024, and annually thereafter, the Behavioral Health Advocate shall submit, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to children, public health, and insurance and real estate a report concerning the activities of the Behavioral Health Advocate. The report shall include, but need not be limited to, (1) the subject matter, disposition and number of claims processed by the Behavioral Health Advocate on behalf of mental and behavioral health care providers and patients, (2) common problems and concerns discerned by the Behavioral Health Advocate from mental and behavioral health care providers, patients or other relevant sources, and (3) the need, if any, for administrative, legislative or executive remedies to assist mental and behavioral health care providers or patients.
(P.A. 23-101, S. 10.)
History: P.A. 23-101 effective July 1, 2023.
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Sec. 38a-1061. Behavioral Health Advocate appointment. (a) The Office of the Behavioral Health Advocate shall be under the direction of the Behavioral Health Advocate who shall be appointed by the Governor, with the approval of the General Assembly. The Behavioral Health Advocate shall be an elector of the state with expertise and experience in the fields of mental or behavioral health care, health insurance and advocacy for parity in mental and behavioral health access and outcomes. In addition to the Behavioral Health Advocate, the Office of the Behavioral Health Advocate shall consist of sufficient staff as the requirements and resources of the office permit, of whom at least one shall be an attorney and at least one shall be a patient care navigator.
(b) The Governor shall make the initial appointment of the Behavioral Health Advocate from a list of candidates prepared and submitted, not later than February 1, 2024, to the Governor by the advisory committee established pursuant to section 38a-1062. The Governor shall notify the advisory committee of the pending expiration of the term of an incumbent Behavioral Health Advocate not less than ninety days prior to the final day of the Behavioral Health Advocate's term in office. If a vacancy occurs in the position of Behavioral Health Advocate, the Governor shall notify the advisory committee immediately of the vacancy. The advisory committee shall meet to consider qualified candidates for the position of Behavioral Health Advocate and shall submit a list of not more than five candidates to the Governor ranked in order of preference, not more than sixty days after receiving notice from the Governor of the pending expiration of the Behavioral Health Advocate's term or the occurrence of a vacancy. The Governor shall designate, not more than sixty days after receipt of the list of candidates from the advisory committee, one candidate from the list for the position of Behavioral Health Advocate. If, after the list is submitted to the Governor by the advisory committee, any candidate withdraws from consideration, the Governor shall designate a candidate from those remaining on the list. If the Governor fails to designate a candidate within sixty days of receipt of the list from the advisory committee, the advisory committee shall refer the candidate with the highest ranking on the list to the General Assembly for confirmation. If the General Assembly is not in session at the time of the Governor's or advisory committee's designation of a candidate, the candidate shall serve as the acting Behavioral Health Advocate until the General Assembly meets and confirms the candidate as Behavioral Health Advocate. A candidate serving as acting Behavioral Health Advocate is entitled to compensation and has all the powers, duties and privileges of the Behavioral Health Advocate. A Behavioral Health Advocate shall serve a term of four years, not including any time served as acting Behavioral Health Advocate, and may be reappointed by the Governor or shall remain in the position until a successor is confirmed. Although an incumbent Behavioral Health Advocate may be reappointed, the Governor shall also consider additional candidates from a list submitted by the advisory committee as provided in this section.
(c) Upon a vacancy in the position of the Behavioral Health Advocate, the most senior attorney in the Office of the Behavioral Health Advocate shall serve as the acting Behavioral Health Advocate until the vacancy is filled pursuant to subsection (a) or (b) of this section. The acting Behavioral Health Advocate has all the powers, duties and privileges of the Behavioral Health Advocate.
(P.A. 23-101, S. 11.)
History: P.A. 23-101 effective July 1, 2023.
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Sec. 38a-1062. Advisory committee to the Office of the Behavioral Health Advocate established. Annual evaluation. (a) There is established an advisory committee to the Office of the Behavioral Health Advocate which shall meet four times a year with the Behavioral Health Advocate and the staff of the Office of the Behavioral Health Advocate to review and assess the performance of the Office of the Behavioral Health Advocate. The advisory committee shall consist of seven members appointed one each by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives and the Governor. Each member of the advisory committee shall serve a term of five years and may be reappointed at the conclusion of that term. All initial appointments to the advisory committee shall be made not later than October 1, 2023.
(b) The advisory committee shall make an annual evaluation of the effectiveness of the Office of the Behavioral Health Advocate and shall submit the evaluation to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to public health and insurance not later than January 1, 2025, and annually thereafter.
(P.A. 23-101, S. 21.)
History: P.A. 23-101 effective July 1, 2023.
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