reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 134d - Medical Assistance › Requirements for Payment of Case Management Services for Persons with Chronic Mental Illness › Section 17-134d-146 - Documentation requirements

Current through July 10, 2024
Case management services will be reimbursed by the Department
				  only when documentation of compliance with the following requirements is on
				  file with the Department of Mental Health or its performing providers:
(a)
Plan of Services Requirement
Case management services are provided in accordance with the
				  eligible person's plan of services. At a minimum, the plan shall:
(1) be developed by the case manager at least
				annually or more frequently if needed, and indicate that the eligible person or
				their representative has participated in, or has been given the opportunity to
				participate in, the development of the eligible person's plan of
				services;
(2) be based on an
				assessment of an eligible person's needs which may include: assessments of
				medical, clinical, social, educational and other needs;
(3) be reviewed and monitored by the case
				manager;
(4) identify issues, needs
				and goals relevant to the eligible person from the date of admission to the
				date of plan review;
(5) identify
				the needed services required by an eligible person and the anticipated
				frequency, duration and limitations of needed services;
(6) indicate the case management services
				needed, and the anticipated frequency, duration and limitations of case
				management services; and
(7)
				indicate the various public agencies or private entities that will or may
				provide the needed services.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 134d - Medical Assistance › Requirements for Payment of Case Management Services for Persons with Chronic Mental Illness › Section 17-134d-147 - Billing requirements

Current through July 10, 2024
All bills submitted to the Department for payment of case
				  management services must be substantiated by documentation in the eligible
				  person's permanent service record pursuant to Section
				  17-134d-146.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 134d - Medical Assistance › Requirements for Payment of Case Management Services for Persons with Chronic Mental Illness › Section 17-134d-148 - Payment

Current through July 10, 2024
Payment by the Department for case management services
				  rendered to eligible persons shall be based on the providers' actual direct and
				  indirect costs to provide case management services. Said costs shall be filed
				  at the end of each state fiscal year with the Department by the Department of
				  Mental Health.
For each state fiscal year the Department shall establish a
				  payment rate based upon the said costs for the previous state fiscal year which
				  shall be updated for inflation, using the most recent estimates of the price
				  deflator for the gross national product as published in February of said state
				  fiscal year in the "Economic Report of the Governor" of the State of
				  Connecticut.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 134d - Medical Assistance › Requirements for Payment of Case Management Services for Persons with Chronic Mental Illness › Section 17-134d-149 - Audit

Current through July 10, 2024
All supporting accounting and business records, statistical
				  data, and all other records relating to the provision of case management
				  services paid for by the Department shall be subject to audit. If an audit
				  discloses discrepancies in the accuracy and/or allowability of actual direct or
				  indirect costs or statistical data as submitted for each state fiscal year by
				  the Department of Mental Health and its grantee agencies, the Department's
				  payment rate for the said rate period shall be subject to
				  adjustment.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 136i - Community Services Policy Manual for Title III Programs of the Older Americans Act › Section 17-136i-1 to 17-136i-19 - Transferred

Current through July 10, 2024
Transferred, February 26, 1992
Correlated Table
Old
						  Section
New Section
17-136i-1
17a-306-1
17-136i-2
17a-306-2
17-136i-3
17a-306-3
17-136i-4
17a-306-4
17-136i-5
17a-306-5
17-136i-6
17a-306-6
17-136i-7
17a-306-7
17-136i-8
17a-306-8
17-136i-9
17a-306-9
17-136i-10
17a-306-10
17-136i-11
17a-306-11
17-136i-12
17a-306-12
17-136i-13
17a-306-13
17-136i-14
17a-306-14
17-136i-15
17a-306-15
17-136i-16
17a-306-16
17-136i-17
17a-306-17
17-136i-18
17a-306-18
17-136i-19
17a-306-19
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 174 - Licensure of Private Dwellings as Community Residences for the Mentally Retarded › Section 17-174-1 - Purpose of licensing

Current through July 10, 2024
The purpose of licensing community residences owned by private
				parties or agencies is to insure the maintenance of adequate standards of care
				for the retardates who need protective and developmental living arrangements in
				other than the facilities of the office of mental
				retardation.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 174 - Licensure of Private Dwellings as Community Residences for the Mentally Retarded › Section 17-174-2 - Definitions

Current through July 10, 2024
For the purpose of sections
				17-174-1 to
				17-174-7,
				inclusive, a private dwelling used as a community residence for the mentally
				retarded means a residence privately owned and managed in which the director or
				superintendent of an office of mental retardation facility may place the
				retarded who are under his legal supervision and jurisdiction. An office of
				mental retardation facility is any of the regional centers or state schools for
				the retarded under authority of the office of mental
				retardation.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 174 - Licensure of Private Dwellings as Community Residences for the Mentally Retarded › Section 17-174-3 - Standards for community residences

Current through July 10, 2024
(a)
General
			 conditions.
(1) The facility including
			 general equipment and the sanitation and maintenance of the home shall insure
			 the health, comfort and safety of the residents at all times.
(2) Adequate housekeeping, laundry and
			 maintenance services shall be provided.
(3) Provisions for visiting shall be as
			 liberal as may be consistent with good resident care.
(4) Any accident, disaster or other unusual
			 occurrence in the residence shall be reported promptly to the office of mental
			 retardation placing facility responsible for the assignment of the
			 resident.
(5) In the absence of the
			 licensee a competent person shall be present on the premises at all times when
			 the resident is there responsible for the conduct of the residents until the
			 return of the licensee.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 174 - Licensure of Private Dwellings as Community Residences for the Mentally Retarded › Section 17-174-4 - License application: Investigation: Issuance, transfer

Current through July 10, 2024
(a)
Application.
The office of mental retardation shall prescribe and
			 furnish application forms to be submitted to it by all applicants for a
			 license.
(b)
References and
			 health certificate.
The licensee shall furnish with the initial
			 application character references from three responsible people unrelated to him
			 and shall also furnish with his initial and each subsequent annual application
			 a current certificate of physical and mental health signed by a
			 physician.
(c)
Investigation.
After receipt of a completed application the office
			 of mental retardation representative shall determine compliance (1) with the
			 standards prescribed by the office of mental retardation under section
			 17-174-3
			 and (2) with the state and local fire and safety regulations as indicated by
			 the local fire marshal's written approval. The substance and extent of the home
			 study or investigation made by the office of mental retardation representative
			 shall insure that the standards set forth in this regulation are full
			 met.
(d)
Non
			 transferable.
Licenses are not transferable and are in effect only for
			 the operation of the residence as it is organized at the time the license is
			 issued.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 174 - Licensure of Private Dwellings as Community Residences for the Mentally Retarded › Section 17-174-5 - License not required

Current through July 10, 2024
License for a community residence shall not be required for the
				care of a single child placed under authority of an office of mental
				retardation facility only if no other child or adult under similar authority or
				under other agency auspices is currently in residence. An emergency placement
				in such a home may be made with prior knowledge and acceptance of the home by
				the placing authority or agency and a formal written home study or
				investigation of such a home shall be made within thirty days of
				placement.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 174 - Licensure of Private Dwellings as Community Residences for the Mentally Retarded › Section 17-174-6 - Expiration and license renewal: Reinvestigation

Current through July 10, 2024
(a) All
			 licenses issued by the office of mental retardation shall be for a term not to
			 exceed one year from the date of issuance, unless revoked prior to the
			 expiration of the time specified therein. June thirtieth, annually, shall be
			 the renewal date for all licenses. Licenses issued during the year shall expire
			 as of June thirtieth which shall be the renewal date for all
			 licenses.
(b) The office of mental
			 retardation or its representatives, shall annually reexamine every community
			 residence licensed under the provisions of these regulations. If, upon
			 reinvestigation, the office of mental retardation is satisfied that the
			 residence continues to comply with prescribed standards it shall, without
			 charge, renew the license.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 174 - Licensure of Private Dwellings as Community Residences for the Mentally Retarded › Section 17-174-7 - Revocation: Refusal to renew license

Current through July 10, 2024
The office of mental retardation may revoke or refuse to renew
				the license of any community residence, if the licensee fails to comply with
				these regulations at any time. Notice thereof in writing shall be given to the
				licensee.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 183 - Reporting of Statistics by Private Facilities › Section 17-183-1 - Reporting of statistics by private facilities

Current through July 10, 2024
The person in charge of every private hospital for mental
				illness in the state shall, on a quarterly basis, supply the commissioner of
				mental health in writing with statistics which state the number of admissions
				and discharges of mentally ill persons for the preceding quarter. For the
				purpose of this regulation, "private hospital for mental illness" shall mean
				any private hospital, retreat, institution, house or place in which any
				mentally ill adult is received or detained as a patient and a person shall be
				considered "mentally ill" only if his or her primary diagnosis is one of mental
				illness.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 183 - Reporting of Statistics by Private Facilities › Section 17-183-2 - Procedure for reporting statistics

Current through July 10, 2024
(a) Said statistics
			 shall be reported on forms provided by the department of mental health on or
			 before February 1, May 1, August 1, and September 1 of each year. Each such
			 report shall cover the period of the preceding quarter, i.e., the May 1 report
			 shall cover the period from January 1 to March 31.
(b) Each report shall contain separate
			 listings for each patient being reported. No patient shall be identified but
			 may be listed by a non-identifying number. Each listing shall contain the
			 primary mental illness diagnosis, secondary mental illness diagnosis (if any)
			 and a notation stating whether the patient is a readmission or first admission.
			 Such listings may consist of the appropriate code number, if the facility
			 utilizes a recognized system of codes for individual diagnoses. In addition,
			 each report of a discharge shall state where discharge was made to, e.g., home,
			 state institution, nursing facility, etc., or that discharge was due to the
			 death of the patient.
(c)
			 Facilities with an average length of stay of 30 days or less may report on
			 patients at the time of discharge only, provided that the date of admission is
			 also included.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 205a - Transportation of Mentally Ill or Alcohol-Dependent Persons › Section 17-205a-2 - Payment of transportation expenses

Current through July 10, 2024
(a) Upon receipt of
			 a bill from any provider of transportation to any qualified person under §
			 17-205a(b) and this regulation, the department shall request that the
			 Department of Administrative Services conduct an investigation to determine if
			 such person is able to pay for the service provided. The department shall pay
			 the expenses of the transportation, provided:
(1) The transportation was necessary.
A. Proof of necessity shall be:
1. In the case of a person transported under
			 an emergency certificate, the person signing the emergency certificate shall
			 certify that the transportation was necessary.
2. In the case of voluntary patients or
			 patients on leave, the provider shall certify that the patient requested the
			 transportation. The receiving facility may be requested to verify that the
			 transportation was necessary, considering the patient's circumstances at the
			 time of the request for transportation.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 205a - Transportation of Mentally Ill or Alcohol-Dependent Persons › Section 17-205a-3 - Least expensive transportation; transporting two or more persons

Current through July 10, 2024
(a) Transportation shall be by method which
			 is (1) the least expensive alternative and (2) provides the necessary
			 safeguards to insure the person is properly treated during the transportation.
			 If the sending authority determines that an invalid coach is sufficient and
			 asks that such a vehicle be sent, charges for an ambulance will not be
			 allowed.
(b) If more than one
			 person is transported in the same vehicle at the same time, only one mileage
			 charge will be paid.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 1 - General Provisions › Section 17-210a-1 - Application

Current through July 10, 2024
These regulations define the rules of practice before the
				  department of mental health and set forth the nature and requirements of all
				  formal and informal procedures available under the applicable laws of the state
				  of Connecticut.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 1 - General Provisions › Section 17-210a-2 - Definitions

Current through July 10, 2024
As used in these regulations:
(a) "Application" means a formal, written
				request for a license from the department, filed in accordance with §
				17-227 of the general statutes and regulations adopted under said
				section;
(b) "Commissioner" means
				the commissioner of mental health or his or her designee;
(c) "Contested case" means a proceeding in
				which the legal rights, duties or privileges of a party are required by statute
				to be determined by the department after an opportunity for a hearing or in
				which a hearing is in fact held;
(d) "Department" means the department of
				mental health;
(e) "Hearing" means
				a formal procedure wherein a presentation of evidence and argument occurs,
				which is preceded by due notice and which includes both an opportunity to
				present to the department such evidence and argument as the presiding officer
				deems appropriate and an opportunity to examine and cross-examine any witness
				giving testimony therein;
(f)
				"License" means any permit, approval, registration or similar form of
				permission which the department is authorized by statute to issue;
(g) "Party" means each person or agency named
				or admitted as a party, or properly seeking and entitled as of right to be
				admitted as a party to a contested case;
(h) "Person" means any individual,
				partnership, corporation, association, governmental subdivision, or public or
				private organization of any character;
(i) "Petition" means a formal, written
				request for the department to adopt regulations or for a declaratory
				ruling;
(j) "Presiding officer"
				means the commissioner or any hearing examiner duly designated by the
				commissioner who presides at any hearing conducted by the department.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 1 - General Provisions › Section 17-210a-4 - Communications; identification

Current through July 10, 2024
Communications with the department should be in writing,
				  should concern mainly one matter, should contain the name and address of the
				  communicator and an appropriate identification of the subject matter of the
				  communication.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 1 - General Provisions › Section 17-210a-5 - Filing

Current through July 10, 2024
All orders, decisions, findings of fact, correspondence,
				  motions, petitions, applications, and any other documents shall be deemed to
				  have been filed or received on the date on which they are issued or stamped
				  received by the department at its principle office.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 1 - General Provisions › Section 17-210a-6 - Effect of filing; public records

Current through July 10, 2024
(a) The filing with
				the department of any complaint, application, petition or other request of any
				nature whatsoever shall not relieve any person of the obligation to comply with
				any statute of the state of Connecticut or any regulation or order of the
				department.
(b) Any complaint,
				application, petition or other request of any nature whatsoever filed with the
				department shall be considered public records of the department.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 1 - General Provisions › Section 17-210a-7 - Office

Current through July 10, 2024
The principle office of the department of mental health is
				  located on the second floor of 90 Washington Street in Hartford, Connecticut.
				  The office is open from 8:30 A.M. to 4:30 p.m. each day, excluding Saturdays,
				  Sundays and legal holidays.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 1 - General Provisions › Section 17-210a-8 - Rules of conduct

Current through July 10, 2024
Where applicable, the canons of professional ethics and the
				  canons of judicial ethics adopted and approved by the judges of the superior
				  court govern the conduct of the commissioner, any employees of the department,
				  and all attorneys, agents, representatives and any other persons who shall
				  appear before the department in any proceeding.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 2 - Regulations › Section 17-210a-10 - Petitions

Current through July 10, 2024
Any interested persons may at any time petition the
				  department to adopt, amend or repeal any regulation. The petition shall clearly
				  and concisely set forth the text of the proposed regulation, amendment or
				  repeal. Such petition shall also state the facts and arguments that favor the
				  action it proposes by including such data, facts and arguments either in the
				  petition or in a brief accompanying such petition. The petition shall be
				  addressed to the commissioner and sent to him by mail or delivered during
				  normal business hours. The petition shall be signed by the petitioner and shall
				  include his or her address and the name and address of any agent or counsel, if
				  applicable.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 2 - Regulations › Section 17-210a-11 - Procedure after filing

Current through July 10, 2024
Within thirty days following the receipt of the petition, the
				  commissioner shall determine whether to deny the petition or to initiate
				  regulation making proceedings in accordance with the petition. If the petition
				  is denied, the petitioner shall be notified in writing of the reasons for said
				  denial.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 2 - Regulations › Section 17-210a-12 - Notice of intent to adopt regulations

Current through July 10, 2024
(a)
General.
Notice of the intended action to adopt, amend or repeal
				regulations shall be given by the commissioner at least twenty (20) days prior
				to its proposed action, unless some other time is specified by any applicable
				law. The commissioner shall cause the notice to be published in the Connecticut
				Law Journal and in such other publications as the commissioner may determine.
				The commissioner shall likewise notify in writing any person specified by any
				law and any person who has filed a request for notice pursuant to Section
				17-210a-15 of these
				regulations.
(b)
Form.
The notice shall contain the following:
(1)
				the commissioner's statutory authority to adopt the proposed regulation;
(2) the procedure for submitting
				data, views or arguments including the time and place of a public hearing, if
				any;
(3) the terms of the proposed
				regulations or the substance of the subjects and issues involved and the
				intended action; and
(4) any
				additional matter required by any law.
The above notwithstanding, the commissioner shall also comply
				  with any applicable statute which contains provisions for notice which differ
				  from those contained herein.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 2 - Regulations › Section 17-210a-13 - Effective date of regulation

Current through July 10, 2024
All regulations adopted, amended or repealed by the
				  department, except emergency regulations, shall not be effective until approved
				  by the Attorney General and the Legislative Regulation Review Committee, as
				  provided by the general statutes, and filed with the Secretary of the State.
				  The regulation shall take effect upon such filing unless a later date is
				  specified in the regulation or required by statute.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 2 - Regulations › Section 17-210a-14 - Request for notice of hearings

Current through July 10, 2024
Any person may file with the commissioner a request in
				  writing to receive notice of proposed regulation making actions. Any such
				  request shall contain the name and the address of the person, and shall be
				  effective until the end of the calendar year in which it was
				  filed.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 3 - Declaratory Rulings › Section 17-210a-15 - General rules

Current through July 10, 2024
These rules set forth the procedure to be followed by the
				  commissioner in the disposition of requests for declaratory rulings as to the
				  applicability of any statutory provision or of any regulation or order of the
				  commissioner. Such a ruling of the commissioner disposing of a petition for a
				  declaratory ruling shall have the same status as any decision or order of the
				  commissioner in a contested case.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 3 - Declaratory Rulings › Section 17-210a-16 - Petitions for declaratory rulings

Current through July 10, 2024
Any interested person may at any time request a declaratory
				  ruling from the commissioner with respect to the applicability to such person
				  of any statute, regulation or order enforced, administered, or promulgated by
				  the commissioner. Such request shall be addressed to the commissioner and filed
				  at the principal office of the commissioner. It shall give the address of the
				  person inquiring and the name and address of such person's attorney, if any.
				  The request shall state clearly and concisely the substance and nature of the
				  request; it shall identify the statute, regulation or order concerning which
				  the inquiry is made and shall identify the particular aspect thereof to which
				  the inquiry is directed. The request for an advisory ruling shall be
				  accompanied by a statement of any supporting data, facts and arguments that
				  support the position of the person making the inquiry.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 3 - Declaratory Rulings › Section 17-210a-17 - Procedure after filing of petition

Current through July 10, 2024
(a)
Notice to
				other persons.
The commissioner may give notice to any person that such
				a declaratory ruling has been requested and may receive and consider data,
				facts, arguments and opinions from persons other than the person requesting the
				ruling.
(b)
Provision for
				hearing.
If the commissioner deems a hearing necessary or helpful in
				determining any issue concerning the request for a declaratory ruling, the
				commissioner shall schedule such hearing and give such notice thereof as shall
				be appropriate.
(c)
Decision
				on petition, ruling denied.
If the commissioner determines that a
				declaratory ruling will not be rendered, the commissioner shall within ten (10)
				days thereafter notify the person so inquiring that the request has been denied
				and furnish a statement of the reasons on which the commissioner relied in so
				deciding.
(d)
Decision on
				petition, ruling granted.
If the commissioner rendered a declaratory
				ruling, a copy of the ruling shall be sent to the person requesting it and to
				that person's attorney, if any, and to any other person who has filed a written
				request for a copy with the commissioner.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-18 - Designation of parties

Current through July 10, 2024
In issuing the notice of hearing, the commissioner will
				  designate as parties any persons known to the commissioner whose legal rights,
				  duties or privileges are being determined in the contested case and any person
				  whose participation as a party is then deemed by the commissioner to be
				  necessary to the proper disposition of such proceeding. Subsequest to the
				  issuance of such notice no other person shall have standing as a party except
				  upon the express order of the presiding officer.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-19 - Pre-hearing conferences

Current through July 10, 2024
(a)
Informal
				dispositions.
The commissioner may call and hold conferences to consider
				simplifying, clarifying or joining issues, and disposing of any action by
				consent order or license, unless prohibited by statute. Within a reasonable
				time prior to any such conference, the commissioner shall notify the parties of
				it. If the parties who attend the conference agree to a disposition of the
				action, the commissioner shall issue a consent order or license which shall
				embody the terms of such disposition, and which shall be a final decision of
				the department.
(b)
Pre-hearing conferences.
The commissioner may direct the parties
				to appear at specified times and places for conferences to consider (1)
				simplification and clarification of issues for hearing; (2) consolidation or
				joinder of parties; (3) stipulations and admissions of fact and of documents;
				(4) limitation of expert witnesses, exchange of lists of witnesses and
				summaries of testimony, and other steps to expedite the presentation of
				evidence; and (5) such other matters as may aid in the orderly disposition of
				the hearing. The commissioner shall notify the parties of the date, time, and
				place of the conference. Following any conference, the commissioner may enter
				an order which (1) recites the action taken at the conference, and any
				agreements made by the parties as to any of the matters considered; (2) states
				the issues for the hearing; (3) consolidates parties at hearing; or (4)
				otherwise aids in the orderly disposition of the hearing. Any such order shall
				control the subsequent course of the action unless modified by the commissioner
				for good cause.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-20 - Hearings; procedure

Current through July 10, 2024
(a) The purpose of
				any hearing the department conducts under Chapter 54 of the general statutes
				shall be to provide to all parties an opportunity to present evidence and
				argument on all issues to be considered by the department.
(b) In hearings on complaints, applications
				and petitions, the party that shall open and close the presentation of any part
				of the matter shall be the complainant, applicant or petitioner.
(c) To avoid unneccessary cumulative
				evidence, the presiding officer may limit the number of witnesses or the time
				for testimony upon a particular issue in the course of any hearing.
(d) The commissioner may by order of the
				presiding officer permit any party to offer testimony in written form. Such
				written testimony shall be received in evidence with the same force and effect
				as through it were stated orally by the witness who has given the evidence,
				provided that each such witness shall be present at the hearing at which
				testimony is offered, shall adopt the written testimony under oath, and shall
				be made available for cross examination as directed by the presiding officer.
				Prior to its admission such written testimony shall be subject to objections by
				parties.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-21 - Notice of hearings

Current through July 10, 2024
(a) Except when the
				commissioner shall otherwise direct, the commissioner shall give written notice
				of a hearing in any pending matter to all parties, to all persons who have been
				permitted to participate as intervenors, to all persons otherwise required by
				statute to be notified, and to such other persons as have filed with the
				commissioner their written request for notice of hearing in a particular
				matter. Written notice shall be given to such additional persons as the
				commissioner shall direct. The commissioner may give such public notice of the
				hearing as the commissioner shall deem appropriate.
(b) Notice of a hearing shall include but
				shall not be limited to the following:
(1) a
				statement of the time, place and nature of the hearing;
(2) a statement of the legal authority and
				jurisdiction under which the hearing is to be held and the particular sections
				of the statutes and regulations involved;
(3) a short and plain statement of fact
				describing the purpose of the hearing and the principal facts to be asserted
				therein.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-22 - Place of hearings

Current through July 10, 2024
Unless by statute or by direction of the commissioner a
				  different place is designated, all hearings of the department shall be held at
				  the principle office of the department at 90 Washington Street, in Hartford,
				  Connecticut.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-23 - Representation

Current through July 10, 2024
Each person authorized to participate in a contested case as
				  a party or as an intervenor shall file a written notice of appearance with the
				  commissioner. Such appearance may be filed in behalf of parties and intervenors
				  by an attorney, an agent, or other duly authorized representative subject to
				  the rules hereinabove stated. The filing of a written appearance may be excused
				  by the presiding officer.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-24 - Participation by other persons

Current through July 10, 2024
(a)
Permission to participate.
At any time prior to the commencement
				of oral testimony in any hearing on a contested case any person may request
				that the presiding officer permit that person to participate in the hearing.
				Any person not a party who is so permitted to participate in the hearing will
				be identified an intervenor in these regulations and will participate in those
				portions of the contested case that the presiding officer shall expressly
				allow.
(b)
Status of a
				non-party that has been admitted to participate.
No grant of leave to
				participate in the hearing as an intervenor or in any other manner shall be
				deemed to be an admission by the commissioner that the person he has permitted
				to participate is a party in interest that may be aggrieved by any final
				decision, order or ruling of the commissioner unless such grant of leave to
				participate expressly so states.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-25 - Service

Current through July 10, 2024
(a) Service of all documents and other papers
				filed in all proceedings, including but not limited to motions, petitions,
				applications, notices, briefs and exhibits shall be by delivery in person or by
				first class mail, except as otherwise provided by statute.
(b) All such documents and other papers shall
				be served by the person filing the same on all parties to the proceeding and
				all such additional persons as the commissioner may require.
(c) A copy of any document or other papers
				served by the department, showing the addresses where such document or other
				paper was mailed shall be placed in the commissioner's files and shall be prima
				facie evidence of such service and the date thereof.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-26 - Rules of evidence

Current through July 10, 2024
The following rules of evidence shall be followed in the
				  admission of testimony and exhibits in all hearings held under Chapter 54 of
				  the general statutes.
(a)
General.
Any oral or documentary evidence may be received; but the
				presiding officer shall, as a matter of policy, exclude irrelevant, immaterial
				or unduly repetitious evidence. The commissioner or presiding officer shall
				give effect to the rules of privilege recognized by law in Connecticut where
				appropriate to the conduct of the hearing. Subject to these requirements and
				subject to the right of any party to cross examine, any testimony may be
				received in written form as herein provided.
(b)
Documentary evidence,
				copies.
Documentary evidence may be received at the discretion of the
				commissioner or presiding officer in the form of copies or excerpts, if the
				original is not found readily available. Upon request by any party an
				opportunity shall be granted to compare the copy with the original, which shall
				be subject to production by the person offering such copies, within the
				provisions of Section
				52-180
				of the general statutes.
(c)
Cross examination.
Such cross examination may be conducted as the
				presiding officer shall find to be required for a full and true disclosure of
				the facts.
(d)
Facts
				noticed.
The commissioner may take administrative notice of judicially
				cognizable facts, including the records and the prior decisions and orders of
				the department. Any exhibit admitted as evidence by the commissioner in a prior
				hearing may be offered as evidence in a subsequent hearing and admitted as an
				exhibit therein; but the commissioner shall not deem such exhibit to be
				cognizable in whole or in part for this purpose and shall not consider any
				facts set forth therein unless such exhibit is duly admitted as evidence in the
				matter then being heard.
(e)
Facts noticed, scope and procedure.
The commissioner may take
				administrative notice of generally recognized technical or scientific facts
				within the commissioner's specialized knowledge. Parties shall be afforded an
				opportunity to contest the material so noticed by being notified before or
				during the hearing, or by an appropriate reference in preliminary reports or
				otherwise of the material noticed. The commissioner shall nevertheless employ
				the experience, technical competence, and specialized knowledge in evaluating
				the evidence presented at the hearing for the purpose of making a finding of
				facts and arriving at a final decision.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-27 - Decision in contested case

Current through July 10, 2024
(a) The
				commissioner will proceed in the following manner in contested cases where the
				commissioner has not heard the case or read the record. If the decision is to
				be adverse to a complainant, applicant, petitioner, or any other party, the
				decision shall not be adopted by the commissioner until a proposal for decision
				is served upon all of the parties, and until an opportunity has been afforded
				to each party adversely affected by the proposed decision to file exceptions,
				to present briefs, and to make oral argument before the commissioner.
(b) In the proposal for decision to be served
				upon the parties, the commissioner will set forth a summary of each issue of
				fact or law that he finds necessary to reach the conclusion contained in the
				proposed decision.
(c) Compliance
				with the above-stated requirement concerning the proposal for decision may be
				waived by a written stipulation of the parties.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-28 - Final decisions

Current through July 10, 2024
All decisions and orders of the commissioner concluding a
				  contested case shall be in writing. The commissioner will serve a copy of his
				  decision on each party in the manner required by these rules and Chapter 54 of
				  the general statutes.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-29 - Uncontested disposition

Current through July 10, 2024
Unless precluded by law, any complaint, application or
				  petition may be resolved by stipulation, agreed settlement, consent order or
				  default, subject to the order of the commissioner. Upon such disposition a copy
				  of the order of the commissioner shall be served on each
				  party.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-30 - Record

Current through July 10, 2024
The record in a contested case shall include:
(1) all motions, applications, petitions,
				complaints, responding pleadings, bills of particulars, notices of hearing, and
				intermediate rulings;
(2) the
				evidence received and considered by the commissioner;
(3) questions and offers of proof,
				objections, and the presiding officer's rulings thereof during the hearing;
(4) the decision, opinion or
				report by the presiding officer to the commissioner.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 4 - Contested Cases › Section 17-210a-31 - Ex parte communications

Current through July 10, 2024
Unless required for the disposition of matters authorized by
				  statute, neither the commissioner nor any presiding officer shall communicate
				  directly or indirectly with any party concerning any issue of fact or law
				  involved in any contested case that has been commenced under these rules,
				  except upon notice and opportunity for all parties to participate. Any
				  presiding officer and the commissioner may communicate with each other ex parte
				  and may have the aid and advice of such members of the department staff as are
				  assigned to assist them in such contested case.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a - Rules of Practice › Part 5 - Miscellaneous Provisions › Section 17-210a-32 - Investigative hearings

Current through July 10, 2024
The commissioner may hold investigative hearings for the
				  purpose of (1) ascertaining compliance with any statute or regulation within
				  the department's jurisdiction to administer or enforce; or (2) receiving
				  information concerning any matter which reasonably may be the subject of
				  regulation by the department. The commissioner shall provide reasonable notice
				  of any such hearing to all interested persons and the general
				  public.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a(p) - Duties of the Commissioner of Mental Health › Section 17-210a(p)-1 - Definitions

Current through July 10, 2024
As used in these regulations:
(a) "Clinical staff" means a psychiatrist,
			 physician, registered nurse, licensed practical nurse, psychologist,
			 psychiatric social worker, licensed physician's assistant or pharmacist
			 employed by the Department of Mental Health or a crisis intervention program
			 funded by the Department of Mental Health.
(b) "Crisis intervention program funded by
			 the Department of Mental Health" means a program, which either is operated by
			 the Department of Mental Health or is funded through a grant or contract with
			 the Department of Mental Health, to provide emergency psychiatric services and
			 to assist with crisis resolution.
(c) "Department" means the Department of
			 Mental Health.
(d) Department of
			 Mental Health Facilities means those hospitals or other facilities operated by
			 the Department of Mental Health which provide treatment for adults with mental
			 illnesses. These facilities include: Capitol Region Mental Health Center,
			 Cedarcrest Regional Hospital, Connecticut Mental Health Center, Connecticut
			 Valley Hospital, Franklin S. DuBois Center, Fairfield Hills Hospital, Greater
			 Bridgeport Community Mental Health Center, Norwich Hospital, and Whiting
			 Forensic Institute.
(e) "Diagnosis"
			 means the process of identifying or determining the existence or nature of a
			 disorder through examination or the opinion derived from such an
			 examination.
(f) "Disclosure" means
			 to make information in the patient's record known, whether in written or oral
			 form.
(g) "Patient" means any
			 person who presents for diagnosis or treatment in a Department of Mental Health
			 facility or a crisis intervention program funded by the Department of Mental
			 Health.
(h) "Patient consent" means
			 consent given in writing by the patient or his authorized representative in
			 compliance with Section
			 52-146e(b)
			 of the Connecticut General Statutes.
(i) "Records of previous treatment" means
			 patient medical information pertaining to diagnosis or treatment obtained from
			 the patient and other sources, including the medical record, and maintained at
			 a Department of Mental Health facility or crisis intervention center funded by
			 the Department of Mental Health.
(j) "Treatment" means the engaging of persons
			 in a particular plan of action, the aim of which is to arrest, reverse,
			 ameliorate or stabilize the patient's presenting disorders; primarily, but not
			 solely, focussing on the mental condition of the patient.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a(p) - Duties of the Commissioner of Mental Health › Section 17-210a(p)-2 - Disclosure process

Current through July 10, 2024
The procedure for disclosure is as follows:
(a) A clinical staff member who is engaged in
			 the diagnosis or treatment of a patient may request access to the patient's
			 record of previous treatment in order to accomplish the objectives of diagnosis
			 or treatment of the patient.
(b)
			 Disclosure of information related to the identity of prior or current
			 clinicians, drug dosage reaction allergies, tolerance to medication, presenting
			 symptoms and behaviors, and/or substance abuse automatically shall be deemed
			 necessary to accomplish the objectives of diagnosis or treatment of the
			 patient.
(c) The clinical staff
			 member in possession of any requested record may, without patient consent,
			 release any information, in addition to that listed in subsection (b) of this
			 section, from that record if, in his or her judgment, that information would
			 assist in the accomplishment of the objectives of diagnosis or
			 treatment.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a(p) - Duties of the Commissioner of Mental Health › Section 17-210a(p)-3 - Maintenance of records

Current through July 10, 2024
Each record of a patient's previous treatment obtained under
				these regulations shall be filed with the patient's medical record at the
				Department of Mental Health facility or crisis intervention program which
				requested this information. The provisions of Section
				4-193(c)
				of the Connecticut General Statutes shall apply to any disclosures of records
				made in accordance with these regulations.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 210a(p) - Duties of the Commissioner of Mental Health › Section 17-210a(p)-4 - Confidentiality

Current through July 10, 2024
Each Department of Mental Health facility or crisis
				intervention program funded by the Department of Mental Health shall have and
				utilize a written policy and procedure for ensuring the confidentiality and
				security of records which conforms to the requirements of state and federal
				confidentiality laws, including but not limited to:
(a) a description of the process and
			 requirements for disclosure of confidential information;
(b) copies of forms for documenting the
			 disclosure of confidential information and for obtaining the written consent of
			 the patient when such consent is required; and,
(c) staff training in the requirements of
			 state and federal laws related to confidentiality of client records.