HB 5474 — AN ACT CONCERNING OVERSIGHT OF MEDICAL CARE FOR PERSONS WHO ARE INCARCERATED AT THE DEPARTMENT OF CORRECTION.

2.

Section 18-81qq of the 2026 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2026):

(a) (1) There is, within the Office of Governmental Accountability established under section1-300,theOffice oftheCorrectionOmbudsfor the provision of ombuds services.

The Correction Ombuds appointed pursuant to section 18-81jj shall be the head of said office.

(2) For purposes of this section, "ombuds services" includes:

(A) Evaluating the delivery of services to persons who are incarcerated by the Department of Correction;

(B) Reviewing periodically the nonemergency procedures established by the department to carry out the provisions of title 18 and evaluating whether such procedures conflict with the rights of persons who are incarcerated;

(C) Receiving communications, including telephone calls and electronic mail from persons who are incarcerated, who shall be permitted to make such telephone or electronic mail communications free of charge, regarding decisions, actions, omissions, policies, procedures, rules or regulations of the department;

(D) Conducting announced or unannounced site visits of correctional facilities administered by the department, without restrictions on such visits, including during periods when a facility is locked down or experiencing a facility-wide emergency, provided the department may restrict access to a portion of a facility in an emergency situation for the duration of the emergency.

For the purpose of this subparagraph, a situation or event constituting an emergency shall be determined by the commissioner or the commissioner's designee, to be a situation constituting a significant risk to the safety or security of the facility, or the health, safety or security of department staff or persons who are incarcerated, or an event that significantly compromises the operations LCO No.

2470 10 of 19 Raised Bill No.5474 of the facility;

(E) Reviewing the operation of correctional facilitieand nonemergency procedures employed at such facilities.

Nonemergency procedures include, but are not limited to, the department's use of force procedures;

(F) Recommending procedure and policy revisions to the department;

(G) Taking all possible actions, including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action in order to secure and ensure the rights of persons in the custody of the commissioner.

The Correction Ombuds is not authorized to institute litigation;

(H) Conducting surveys by sending or distributing during facility visits, confidential written and electronic communications or questionnaires to persons who are incarcerated or employees of the Department of Correction concerning conditions of confinement, working conditions or other subjects within the scope of the duties of the Office of the Correction Ombuds, without prior approval of the department.

Such persons who are incarcerated or employees shall be permitted to complete and return to said office such surveys either in written format or electronically.

No survey may be sent or distributed to an employee of the Department of Correction, unless the Correction Ombuds previously made such survey available for review and comment by the bargaining units representing such employees;

(I) Publishing on an Internet web site operated by the Office of the Correction Ombuds a semiannual summary of all ombuds services and activities during the six-month period before such publication;

and (J) [Evaluating] In conjunction with Correction Medical Deputy Ombuds, evaluating the provision of health care services, including, but LCO No.

2470 11 of 19 Raised Bill No.5474 not limited to, medical care, dental care, mental health care and substance use disorder treatment services, to persons who are incarcerated by the Department of Correction.

(b) Notwithstanding any provision of the general statutes, the Correction Ombuds shall act independently of any department in the performance of the office's duties.

(c) The Correction Ombuds may, within available funds, appoint such staff as may be deemed necessary.

The duties of the staff, including, but not limited to, the Correction Medical Deputy Ombuds, may include the duties and powers of the Correction Ombuds if performed under the direction of the Correction Ombuds.

(d) There is established the position of Correction Medical Deputy Ombuds, within the Office of the Correction Ombuds, who shall be appointed by the Correction Ombuds and be considered a member of the staff of the Correction Ombuds.

The Correction Medical Deputy Ombuds shall either (1) be a physician, graduated by an acceptable medical college, recognized by one of the medical examining boards of this state, experienced in actual practice of the medical profession, or (2) hold a graduate degreeinpublichealth.

The CorrectionMedicalDeputy Ombudsshalloverseeeffortstoassistpersonswhoareincarceratedwho are eligible to obtain Medicaid to apply for Medicaid prior to discharge from a correctional institution.

[(d)](e)(1)Notwithstanding any provisionofthegeneralstatutes,the appropriations recommended for the Office of the Correction Ombuds shallbetheestimatesoftheexpenditurerequirementstransmittedtothe Secretary of the Office of Policy and Management by the Correction Ombuds and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said Correction Ombuds to the director of the Office of Policy and Management.

(2) Notwithstanding any provision of the general statutes, the LCO No.

2470 12 of 19 Raised Bill No.5474 Governor shall not reduce allotment requisitions or allotments in force concerning the Office of the Correction Ombuds.

[(e)] (f) (1) The Correction Ombuds need not investigate a complaint, if the Correction Ombuds determines such investigation is not warranted.IftheCorrectionOmbudsdeterminesthatsuchinvestigation is not warranted, the Correction Ombuds shall inform the person making the complaint of such decision in writing.

(2)In thecourseofaninvestigation,theCorrectionOmbudsshallrely on a variety of sources to corroborate matters raised by persons who are incarcerated or others.

Where such matters turn on validation of particular incidents, the Correction Ombuds shall endeavor to rely on communications from persons who are incarcerated who have reasonably pursued a resolution of the complaint through any existing internal grievance procedures of the Department of Correction.

In all events, the Correction Ombuds shall make good faith efforts to provide an opportunity to the Commissioner of Correction to investigate and to respond to such concerns prior to making such matters public.

(3) (A) At the conclusion of an investigation, the Correction Ombuds shall render a public decision on the merits of each complaint.

Documents supporting the decision are subject to relevant confidentiality provisions, but may be disclosed by request of and to (i) the complainant or an authorized representative of the family of the complainant as disclosed to the Correction Ombuds, or (ii) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction.

The Correction Ombuds shall communicate the decision to the person making the complaint and to the department.

The Correction Ombuds shall include in any decision findings of any department administrative directive, state or constitutional right that has been violated by the department or an employee of the department and recommendations and reasoning if, in the Correction Ombuds' opinion, the department or any employee should (I) further investigate LCO No.

2470 13 of 19 Raised Bill No.5474 the complaint;

(II) modify or cancel an action of the department or employee;

(III) alter a department rule, practice or ruling;

(IV) explain in detail the action in question;

or (V) rectify an omission of the department or employee.

(B) At least ninety-six hours prior to issuing a decision pursuant to subparagraph (A) of this subdivision that expressly, or by implication, criticizes the department or an employee of the department, the Correction Ombuds shall consult with the department or employee or a representative of the employee's bargaining unit, as applicable.

(4) At the Correction Ombuds' request, the department shall, during a period of time agreed upon with the Correction Ombuds, inform the Correction Ombuds of any action taken on recommendations contained in a decision pursuant to subdivision (3) of this subsection or any reason for not complying with any such recommendation.

The Correction Ombuds shall notify the incarcerated person whose complaint resulted in a decision containing such recommendation, of any action taken by the department in response to such recommendation.

[(f)] (g) All oral and written communications, including, but not limited to, in response to any survey, and records relating to such communications between a person in the custody of the Commissioner of Correction, or an employee of the Department of Correction, and the Correction Ombuds or a member of the Office of the Correction Ombuds staff, including, but not limited to, the identity of a complainant, the details of the communications and the Correction Ombuds' findings shall be confidential and exempt from the Freedom ofInformationAct,asdefinedinsection1-200,andshallnotbedisclosed without the consent of such person, except that the Correction Ombuds (1) may disclose without the consent of such person general findings or policy recommendations based on such communications, provided no individually identifiable information is disclosed, and (2) shall immediately disclose to the Commissioner of Correction any communicationconcerningaphysicalthreatmadeagainstsuchperson's LCO No.

2470 14 of 19 Raised Bill No.5474 self, a member of the public, an incarcerated person or an employee of the Department of Correction.

For the purposes of this section, identical or blank surveys and questionnaires received by said office shall not be confidential.

[(g)] (h) Notwithstanding the provisions of subsection [(f)] (g) of this section, whenever in the course of carrying out the Correction Ombuds' duties, the Correction Ombuds or a member of the Office of the Correction Ombuds staff becomes aware of the commission or planned commission of a criminal act or threat that the Correction Ombuds reasonably believes is likely to result in death or substantial bodily harm, the Correction Ombuds shall immediately notify the Commissioner of Correction or an administrator of any correctional facility housing the perpetrator or potential perpetrator of such act or threat and the nature and target of the act or threat.

[(h)] (i) Notwithstanding any provision of the general statutes concerning the confidentiality of records and information, the Correction Ombuds shall have access to, including the right to inspect and copy, any records necessary to carry out the responsibilities of the Correction Ombuds, as provided in this section.

The provisions of this subsection shall not be construed to compel access to any record protected by the attorney-client privilege or attorney-work product doctrine or any record related to a pending internal investigation, external criminal investigation or emergency procedures.

For purposes of this subsection, "emergency procedures" are procedures the Department of Correction uses to manage control of tools, keys and armories and concerning department emergency plans, emergency response units, facility security levels and standards and radio communications.

[(i)] (j) The Correction Ombuds, if a commissioner of the Superior Court, may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents and administer oaths to witnesses in any matter under investigation.

Any LCO No.

2470 15 of 19 Raised Bill No.5474 such subpoena shall be served uponthe person to whom such subpoena is issued not later than fifteen days prior to the time specified in the subpoena for compliance.

Such person may, not later than fifteen days after service of such subpoena, or on or before the time specified in the subpoena for compliance, whichever is later, serve upon the Correction Ombuds written objection to the subpoena and file such objection in the superiorcourtforthejudicialdistrictofHartford,whichshalladjudicate such objection in accordance with the rules of the court.

If any person to whom such subpoena is issued fails to so object or appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the Correction Ombuds may apply to the superior court for the judicial district of Hartford, which shall have jurisdiction to order such person to appear and give testimony or to produce such evidence, as the case may be.

[(j)] (k) In the performance of the duties provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner.

Such communications shall be confidential except asprovidedin subsections [(e) and] (f) and (g) of this section.

[(k)] (l) (1) The Correction Ombuds may conduct hearings in accordance with the provisions of chapter 54 and may request that any person appear before the Correction Ombuds or at a hearing and give testimony or produce documentary or other evidence that the Correction Ombuds considers relevant to a matter under investigation.

(2) The Correction Ombuds, when scheduling such hearing, shall arrange an appearance of a person who is incarcerated or an employee of the department in cooperation with the department at a time and location that does not interfere with the operation of a correctional facility.

Any appearance of a person who is incarcerated shall occur at the facility where such person is incarcerated at the time of the hearing.

[(l)] (m) The Correction Ombuds shall make available to persons who LCO No.

2470 16 of 19 Raised Bill No.5474 are incarcerated confidential means by which to report concerns or otherwise submit complaints to the Correction Ombuds, which may include, but need not be limited to (1) electronic means or a locked box, accessible only by the Correction Ombuds and the employees of the Office of the Correction Ombuds, and (2) a hotline for persons who are incarcerated to communicate with said office.

All measures shall be taken to ensure there is no risk or credible fear of retaliation against persons who are incarcerated for submitting complaints to the Correction Ombuds.

Submission of complaints to the Correction Ombuds shall not be part of the department administrative grievance or appeal process, and the Correction Ombuds' decisions shall not constitute agency action.

Nothing in this section shall be deemed to constitute part of the administrative exhaustion process.

The Correction Ombuds shall not require persons who are incarcerated to file grievances or other inquiries as part of the department's system to be considered ripe for review by the Correction Ombuds.

[(m)] (n) In the performance of the responsibilities provided for in this section, the Correction Ombuds may communicate privately with any person in the custody of the commissioner.

Such communications shall be confidential except as provided in subsections [(e) and] (f) and (g) of this section.

[(n)] (o) The Correction Ombuds may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies, for the purpose of carrying out the Correction Ombuds' responsibilities.

There is established a Correction Ombuds account, which shall be a separate, nonlapsing account.

Any funds received under this subsection shall, upon deposit in the General Fund, be credited to said account and may be used by the Correction Ombuds in the performance of the Correction Ombuds' duties.

[(o)] (p) The name, address and other personally identifiable information of a person who makes a complaint to the Correction Ombuds, information obtained or generated by the Office of the LCO No.

2470 17 of 19 Raised Bill No.5474 CorrectionOmbudsin thecourseofaninvestigationandallconfidential records obtained by the Correction Ombuds or the office shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, or otherwise except as provided in subsections [(f) and] (g) and (h) of this section.

[(p)] (q) No state or municipal agency shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Correction Ombuds or cooperates with the Office of the Correction Ombuds in an investigation.

[(q)](r)TheCorrectionOmbudsmayperformthefollowingfunctions in the evaluation of the provision of health care services pursuant to subparagraph (J) of subdivision (2) of subsection (a) of this section:

(1) Receive, investigate and respond to complaints regarding access toorqualityofhealthcareserviceswithintheDepartmentofCorrection;

(2) Employ or contract with licensed health care professionals to provide independent clinical reviews of such complaints, when necessary;

(3) Collect and analyze health-related data across correctional facilities, including, but not limited to:

(A) Medical appointment wait times;

(B) Mental health care access;

(C) Medication access and continuity;

and (D) Incidences of hospitalizations and mortalities;

and (4) Make recommendations to the Departments of Correction and Public Health and the joint standing committees of the General Assembly having cognizance ofmattersrelating to publichealthandthe judiciary regarding necessary improvements in the delivery of health LCO No.

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5474 care services within correctional facilities.

[(r)] (s) Not later than December first, annually, the Correction Ombuds shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction regarding the conditions of confinement in the state's correctional facilities and halfway houses, including, but not limited to, the delivery of health care services in such facilities and halfway houses.

Such report shall detail the Correction Ombuds' findings and recommendations, including, but not limited to, recommendations for any improvements in the delivery of such services.

Section 1 October 1, 2026 18-81pp Sec.GOS Joint Favorable Subst.

2sHB5474 July/ 1,File 2026No. 18-81qq Statement of Purpose:

To333 (1)9 requiresHB5474 theFile DepartmentNo. of Correction to update its plan for medical care for persons who are incarcerated and report various information concerning medical care organized by correctional institution in an annual report, and (2) establish the position of Correction Medical Deputy Ombuds to oversee efforts to obtain Medicaid for eligible persons who are incarcerated prior to discharge from a correctional institution.

[Proposed333 deletionsThe following Fiscal Impact Statement and Bill Analysis are enclosedprepared infor brackets.the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

ProposedIn additionsgeneral, arefiscal indicatedimpacts byare underline,based exceptupon that when the entire text of a billvariety or resolution or a section of ainformational billsources, orincluding resolutionthe isanalyst’s new,professional itknowledge. is not underlined.] LCO No.

2470Whenever 19applicable, agency data is consulted as part of 19the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 27 $ FY 28 $ State Comptroller - Fringe GF - Cost None 26,672 Benefits1 Correction, Dept.

GF - Cost None 563,777 Note:

GF=General Fund Municipal Impact:

None Explanation The bill adds new requirements in FY 28 to the Department of Correction’s (DOC) reporting on its plan for providing health care services, resulting a cost of up to $563,777 to DOC and $26,672 to the State Comptroller in FY 28.

Beginning in FY 28 the department will be required to report on (1) medications prescribed by major drug classification (2) status of initial health assessments (3) the number of requests for medical care and time elapsed between the request and receipt of care, and (4) adverse medical outcomes and the length of investigations of such outcomes.

These requirements result in a one-time cost of up to $500,000 to modify the department’s electronic health record (EHR) system and an ongoing annual cost starting in FY 28 of $63,777 to DOC and $26,672 to the State Comptroller – Fringe Benefits to hire an administrative assistant to compile this data and ensure accurate reporting and documentation 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 41.82% of payroll in FY 27.

sHB5474 / File No.

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333 year-round.

The bill also requires DOC to make various changes to the department’s plan for providing health care services, though this requirement results in no fiscal impact.

The department has the expertise to update the plan in accordance with the bill's provisions and the bill does not require the department to implement the plan under any specific timeline.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future, except for the one-time cost to modify theEHR.

sHB5474 / File No.

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333 OLR Bill Analysis sHB 5474 AN ACT CONCERNING OVERSIGHT OF MEDICAL CARE FOR PERSONS WHO ARE INCARCERATED AT THE DEPARTMENT OF CORRECTION.

SUMMARY This bill requires the Department of Correction (DOC) commissioner, by October 1, 2027, to amendthedepartment’splan for providing health care services to incarcerated individuals (see BACKGROUND).

Specifically, the amended plan must ensure that:

1.

there is a plan for DOC’s health care program to get accredited by a nationalorganization approved by the Department of Public Health;

2.

there is an electronic system to track medication administration for incarcerated individuals (according to the schedule set by their providers) and it alerts appropriate personnel when medications are overdue;

3.

incarcerated individuals with access to a portable electronic device may request medical care electronically, in addition to the existing system of submitting written requests in a drop box;

and 4.

for Medicaid-eligible incarcerated individuals, their discharge planhelpsthemapply for coverage before being discharged from the institution.

The bill requires DOC to annually report on implementation of its health care services plan and related recommendations, and starting with the report due in 2027, on additional matters such as (1) late or missed medication administration and (2) adverse medical outcomes.

The bill also adds physician assistants (PAs) who specialize in mental sHB5474 / File No.

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333 health to the list of providers who may serve as “mental health care providers” or “mental health therapists” under the DOC health care plan.

EFFECTIVE DATE:

October 1, 2026 DOC REPORTING Starting by December 31, 2026, the bill requires the DOC commissioner to annually report to the Government Oversight, Judiciary, and Public Health committees on (1) any updates on the health care plan’s implementation, (2) the timeline to fully implement it, and (3) recommendations for any necessary related legislation.

Starting with the report due in 2027, the reports also must include the following, organized by correctional institution:

1.

a summary outlining the medications prescribed to incarcerated individualsbymajordrugclassification,thenumberofdoses that were administered late (classified in four specified time bands) or missed entirely, and an explanation for the delayed or missed doses;

2.

information on the initial health assessment for incarcerated individuals, how often this occurred within 14 days of the person’s entry, and when it was not, the reasons why;

3.

the number and types of medical care requests by incarcerated individuals and the time that passed between the request and the person being seen by a medical professional;

and 4.

the number of adverse medical outcomes and how long it took DOC to complete its investigation of these outcomes.

PHYSICIAN ASSISTANTS Under current law, for purposes of DOC’s health care services plan, psychiatrists or advanced practice registered nurses (APRNs) specializing in mental health can serve as “mental health care providers,” and psychiatrists or these APRNS, as well as psychologists, sHB5474 / File No.

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333 clinical or master social workers, or professional counselors can serve as “mental health therapists.” The bill additionally allows PAs specializing in mental health to serve in either role.

Existing law sets several related requirements under DOC’s plan.

For example:

1.

there must be enough mental health therapists at each correctional institution to provide mental health care services to incarcerated people;

2.

when an incarcerated person requests, or correctional staff refers the person to, mental health care services, a mental health therapist must assess whether the services are needed before providing them;

3.

mental health therapists must follow certain procedures when prescribing psychotropic medications to incarcerated individuals;

and 4.

when an incarcerated person, at intake, is determined to need mentalhealth services,amentalhealthcare providerortherapist, as needed, must provide the person with evidence-based interventions within two business days, and a mental health care provider or therapist must periodically evaluate the person and provide services as needed.

BACKGROUND DOC Health Care Services Plan Existing law requires the DOC commissioner to develop a plan for providing health care services to incarcerated people at DOC correctional institutions.

The plan must ensure that requirements are met in a number of areas, such as initial health assessments, annual physicalexaminationswhenclinicallyindicated,mentalhealthprovider staffing, discharge planning, vaccinations, dental services, drug and alcoholusetreatment,andspecific servicesforincarceratedwomenwho are pregnant.

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333 Related Bill sHB 5567, reported favorably by the Judiciary Committee, (1) requires DOC to amend its health care services plan to ensure that there is no interruption in clinically necessary medications upon a person’s intake, (2) requires DOC to annually report on the plan’s implementation, and (3) makes several other changes related to health care for incarcerated individuals.

COMMITTEE ACTION Government Oversight Committee Joint Favorable Substitute Yea 12 Nay 0 (03/17/2026) sHB5474 / File No.

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