reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part B - Violations › Section 27-102l(d)-200 - Major offenses

Current through July 10, 2024
(a) The following
				  conduct and activities shall be considered major offenses for Sections
				  27-102
l
(d)-140 through Section
				  27-102
l
(d)-199 of the regulations of Connecticut state agencies:
(1) "Assault" which means any physical attack
				  upon any other person and generally resulting in personal injury or risk of
				  injury Section
				  53a-59
				  through Section
				  53a-64
				  of the Connecticut General Statutes.
(2) "Possession of intoxicants or
				  unprescribed drugs" which means that Section
				  53a-174
				  of the Connecticut General Statutes.
(A) No
				  veteran shall introduce alcohol or illegal substances on the grounds for
				  consumption or sale.
(B) Only drugs
				  prescribed by departmental physicians may be in the possession of veterans or
				  staff.
(3) "Possession of
				  firearms, dangerous weapons, or hazardous materials" meaning firearms,
				  ammunition, inherently dangerous weapons or objects, gasoline, or similar
				  substances which shall be flammable or dangerous Section
				  53a-174
				  of the Connecticut General Statutes.
(4) "Gambling" as defined in Section
				  53-278a of
				  the Connecticut General Statutes, unless otherwise authorized by law and under
				  valid permits, if applicable.
(5)
				  Smoking in bed or smoking in areas other than in designated areas.
(A) Smoking is permitted only in areas so
				  marked by the Commissioner.
(B)
				  Smoking is prohibited in all other locations.
(6) Any conduct, including the operation of a
				  motor vehicle, which results or could result in personal injury to any person
				  or places the veteran or another person at risk of injury.
(7) Entry into any restricted area.
(8) Refusal to follow reasonable instructions
				  from Security personnel, Wing Monitor, and other staff during an emergency,
				  assault, or confrontation.
(9)
				  Tampering with or destroying any emergency equipment or exit signs.
(10) Repeated violations of any minor offense
				  listed in Section
				  27-102
l
(d)-201 of the regulations of Connecticut state agencies,
				  provided the veteran is given the opportunity to cease such violations by
				  formal written notice prior to the designation of such violation as a major
				  offense.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part B - Violations › Section 27-102l(d)-201 - Minor offenses

Current through July 10, 2024
All offenses not within Section
					 27-102
l
(d)-200 of the regulations of Connecticut state agencies,
					 shall be considered minor offenses for Sections
					 27-102
l
(d)-140 through Section
					 27-102
l
(d)-199 of the regulations of Connecticut state agencies, and
					 shall include but not be limited to the following:
(1) "Intoxication" meaning the veteran
				  consumed an amount of alcohol sufficient to inhibit or slur speech, to
				  compromise ambulation, to affect socialization or to impair memory such that
				  Security personnel, the Wing Monitor or other staff make observations about the
				  same. Clinical intoxication shall be confirmed through standardized
				  breathalyser readings (=.100).
(2)
				  "Absence Without Leave" (AWOL) from grounds or job, meaning the veteran's
				  whereabouts is unknown.
(3) Curfew
				  or lights out violations.
(4) Any
				  verbal argument or outburst that escalates to the point that Security is
				  called.
(5) Borrowing or lending
				  money, meaning between veterans or between veterans and staff.
(6) Violation of posted traffic signs,
				  reckless driving, or operating a vehicle in other than designated parking area
				  or paved road surface.
(7) Refusing
				  to allow inspection of a motor vehicle, package, or container upon entry onto
				  the grounds of the Department, except when the veteran declines such a request
				  and may not come onto the grounds with the object or property which was not
				  inspected.
(8) Failure to comply
				  with a component of a treatment plan.
(9) A confirmed positive test result involved
				  in either a directed or random urine test.
(10) Harboring a pet.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-202 - Staff responsibilities

Current through July 10, 2024
In the event a veteran allegedly violates or disobeys any
					 rule, regulation or law, lead staff responsibilities shall be based on
					 residential program assignment:
(1)
				  For all veterans residing in the Residential Facility, the Director of the
				  Residential Facility or designee shall oversee the preliminary investigation
				  and determine a proposed agency action as described; and
(2) For a veteran residing in the Health Care
				  Facility, the Administrator shall oversee the preliminary investigation and
				  determine a proposed agency action as described in section
				  27-102
l
(d)-51 of the Regulations of Connecticut State Agencies;
				  or
(3) For a situation involving
				  the Residential Facility and Health Care Facility, the Director and
				  Administrator shall by consensus designate either the Director or
				  Administrator, or jointly handle the matter:
(A) A decision to jointly handle an
				  investigation is subject to the approval of the Commissioner, or his
				  designee.
(B) The Commissioner, or
				  designee, may approve the joint investigation or designate either the Director
				  or Administrator to perform the investigation.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-203 - Reporting and investigating alleged violations

Current through July 10, 2024
(a)
				  Any veteran, visitor, or departmental staff members, who have a reasonable
				  belief that a violation occurred or may have occurred, may report said
				  violation to Safety and Security personnel, the Administrator, the Director, or
				  any other departmental personnel.
(1) Any
				  person, other than Security from the Department of Safety and Security may make
				  an allegation or report anonymously.
(2) The lack of knowledge as to the
				  informer's or reporter's identity shall be a factor considered in the
				  investigation.
(3) If the
				  informant's or reporter's identity is known and that person requests anonymity,
				  the request shall be honored to the extent permitted by federal and state
				  law.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-204 - Immediate action

Current through July 10, 2024
(a) Departmental staff may take
				  immediate action when there is imminent danger of harm to a veteran, or any
				  other veteran, visitor or staff, or to ensure order, enforce discipline, and
				  preserve the health of any person.
(b) Departmental staff may call for
				  assistance from State Police or the local police, or emergency medical
				  personnel, to evaluate or transport a veteran.
(1) In the event a crime is being
				  investigated, Safety and Security personnel shall take whatever steps necessary
				  to preserve the scene of the crime and any evidence and shall assist any law
				  enforcement officer assigned to investigate the crime.
(2) If bodily injury is known to have
				  occurred, the Health Care Facility or B Clinic shall be contacted.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-205 - Reporting violations

Current through July 10, 2024
(a) Any person
				  witnessing a criminal violation of law should notify Security.
(b) Security shall be called when:
(1) A patient, visitor or staff person has
				  been injured by another person or himself,
(2) Staff is unable to restore
				  order,
(3) Personal or state
				  property has been damaged or stolen, or
(4) Fire or other hazardous conditions exist
				  which may or shall create a risk-of-injury to any person.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-206 - Initiating an investigation

Current through July 10, 2024
(a) Safety and
				  Security shall initiate an investigation when such personnel observe or receive
				  information concerning alleged rules violations.
(1) Allegations and complaints received by
				  the Director or Administrator may be referred to Security for investigation, or
				  handled directly.
(2) Any matters
				  handled directly by the Director or Administrator shall be communicated to the
				  Director of Safety and Security.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-207 - Preliminary investigations

Current through July 10, 2024
Upon receiving a written report from Security or upon
					 receipt of a complaint directly, the Director or the Administrator may
					 investigate, as appropriate to a given case, by taking one or more of the
					 following actions:
(a) Request the
				  author of the report to clarify the report and, at his discretion, may request
				  the report be amended, modified, or supplemented,
(b) Receive information from any person with
				  personal knowledge of the alleged violation,
(c) Receive information from the other
				  departmental staff familiar with the veteran and who have personal knowledge
				  relevant to the pending investigation,
(d) Review the individual's treatment plan
				  and behavior contract, if applicable, and analyze for violations
				  thereof,
(e) Hold an informal
				  conference with the veteran or personal representative,
(f) Request information from persons who have
				  personal knowledge relevant to the pending investigation,
(g) Make a preliminary determination of the
				  nature and extent, if any, of the alleged offense or offenses, and
(h) Order substance abuse counseling or
				  testing as provided in the regulations of Connecticut state agencies.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-208 - Informal conferences

Current through July 10, 2024
(a) Informal
				  conferences may be held by the Director or Administrator and provide an
				  opportunity for the veteran to clarify the facts and circumstances of an
				  alleged offense. A veteran shall have an opportunity to offer his perspective
				  during the informal conference.
(1) An
				  informal conference shall be held during any investigation in which the veteran
				  verbally or in writing requests a review or requests to make a statement
				  pertaining to an allegation or investigation.
(2) Informal conferences, if held at all,
				  shall be held as soon as possible, but not later than seven (7) days after
				  receipt of a request, the complaint or written report from Security whichever
				  is later. However, failure to comply with this provision may not have an effect
				  on any process undertaken to resolve the matter or effect the imposition of any
				  discipline.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-209 - Preliminary administrative action

Current through July 10, 2024
(a) After
				  receiving a report from Security, performing his own investigation, or
				  following an informal conference, if held at all, the Director or Administrator
				  shall decide to:
(1) End the investigation and
				  take no further action,
(2) Issue a
				  warning and take no further action,
(3) Enter into a written agreement with the
				  veteran resolving the matter, including but not limited to adjusting the
				  veteran's individual treatment plan,
(4) Prepare a written notice to the veteran
				  as to the proposed disciplinary action which may bring the matter to closure,
				  including but not limited to loss of privileges and discharge.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-210 - Notice of proposed action

Current through July 10, 2024
A notice under Section
					 27-102
l
(d)-209 of the regulations of Connecticut state agencies
					 shall state in plain language:
(a) The
				  date, time and location of the administrative inquiry,
(b) The rules or regulations allegedly
				  violated,
(c) The fact(s) upon
				  which the proposed disciplinary action is based,
(d) The proposed disciplinary action,
				  and
(e) The opportunity for the
				  respondent to reply to the alleged violation and to explain why the proposed
				  disciplinary action should not be taken.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-211 - Notice procedure for administrative inquiry

Current through July 10, 2024
(a)
				  Unless by agreement to the contrary, the veteran shall be notified in writing
				  no less than twenty-four (24) hours prior to an administrative
				  inquiry.
(b) Unless by agreement to
				  the contrary, an administrative inquiry shall be held within fourteen (14) days
				  of the notice.
(c) When a
				  conservator of the person has registered with the Commissioner, a notice of the
				  administrative inquiry shall be provided to the conservator and to the ward,
				  unless specifically instructed otherwise by the conservator.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-212 - Duties of director and administrator during an administrative inquiry

Current through July 10, 2024
(a) The Director or Administrator shall
				  conduct the inquiry, receive the respondent's reply, read all reports and
				  establish the preliminary findings of facts of the charge or
				  allegation.
(b) The Director or
				  Administrator shall decide to:
(1) Dismiss the
				  charge or allegation,
(2) Issue a
				  warning,
(3) Suspend the
				  off-grounds privileges of the veteran as described herein, or
(4) Recommend to the Commissioner the
				  discharge of the veteran.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-213 - Disciplinary actions following an informal conference or an administrative inquiry

Current through July 10, 2024
(a) The Director or Administrator
				  may propose an involuntary discharge or suspension of off-grounds privileges
				  subject to the conditions in subsections (b) and (c) of this section.
(b) An involuntary discharge may be proposed
				  only if a major offense as defined in the regulations of Connecticut state
				  agencies has been substantiated as a result of a administrative inquiry.
(1) The Director or Administrator may suspend
				  the discharge for a period of not more than six (6) months and such a stay
				  shall automatically end upon a finding of a second major offense, subject to a
				  new administrative inquiry.
(2) Any
				  veteran who is found with the possession of any illegal substance shall be
				  involuntarily discharged. Veterans involved in the selling or distribution of
				  illegal substances shall be involuntarily discharged. This includes veterans in
				  possession of drug paraphernalia.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part C - Procedure for Resolving Alleged Rules Violation › Section 27-102l(d)-214 - Request for desk review by commissioner

Current through July 10, 2024
(a)
				  If a proposed agency decision is made by a designee, the Director or
				  Administrator, the designee shall forward the proposed decision to the Director
				  or Administrator, as appropriate for a desk review. Following said desk review,
				  the agency's proposed decision shall be submitted to the Commissioner for his
				  review, if the proposed decision is for a discharge or the veteran requests a
				  review under subsection (b) of this section.
(b) Any veteran subject to an administrative
				  inquiry who disagrees with an agency decision may petition for a desk review or
				  other review by the Commissioner or his designee.
(c) The Commissioner may order an informal
				  conference.
(d) The Commissioner
				  may deny or grant any such request and may thereafter, if granted, modify,
				  reverse, or affirm the decision rendered.
(e) Granting a review may not create a
				  contested case or any right of appeal for further review.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part D - Safety and Security › Section 27-102l(d)-225 - Safety and security general duties

Current through July 10, 2024
(a) The Safety
				  and Security section of the Department of Veterans Affairs is charged with the
				  responsibilities for:
(1) Providing a safe and
				  secure environment for veterans, staff, and visitors of the Department of
				  Veterans' Affairs.
(2) Assisting
				  departmental staff to learn the whereabouts of veterans who may have been
				  authorized to leave the grounds.
(3) Protecting property against theft, fire
				  and vandalism.
(4) Investigating
				  and enforcing rules and regulations.
(5) Maintaining professional working
				  relationships with the State Police and Municipal Police.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part D - Safety and Security › Section 27-102l(d)-226 - Law enforcement agency assistance

Current through July 10, 2024
(a)
				  Safety and Security personnel may request assistance from State Police or Rocky
				  Hill Police, including but not limited to the following situations:
(1) Unregistered motor vehicles,
(2) Motor vehicle accidents,
(3) Theft or destruction of
				  property,
(4) Crimes against a
				  person, including serious threats of injury to a person,
(5) Personal injury,
(6) Discovery of firearms or other deadly
				  weapons,
(7) Possession of an
				  illegal substance, or
(8) Untimely
				  or unusual death.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part D - Safety and Security › Section 27-102l(d)-227 - Use of force

Current through July 10, 2024
(a) Safety and Security personnel
				  may not use force to detain or restrain any person, unless necessary to protect
				  himself, the patient, or any third person from imminent physical
				  harm.
(b) Safety and Security
				  personnel shall be required to retreat or employ techniques other than the use
				  of force, if possible, prior to the use of force.
(c) The use of handcuffs is limited to
				  restraining a violent, disruptive or unruly person, if necessary to protect any
				  person (including the patient) from imminent physical harm, if directed to do
				  so by a licensed physician or law enforcement personnel, and if all other
				  de-escalation techniques and defensive measures have failed.
(1) In the event any person is in danger of
				  serious bodily injury or death, Safety and Security personnel may as a last
				  resort use handcuffs or self-defense spray such as Oleoresin Capsicum (OC)
				  Defensive Spray.
(2) Safety and
				  Security Personnel shall complete an Incident Report for each occurrence of the
				  use of force including but not limited to the use of handcuffs and a self
				  defense spray.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article V - REGULATED ACTIVITIES AND VIOLATIONS › Part D - Safety and Security › Section 27-102l(d)-228 - Security of personal property

Current through July 10, 2024
(a) Each veteran
				  shall be responsible for the security of his personal property, including motor
				  vehicles.
(b) In the event a
				  veteran or former veteran is unable to provide for the security of his personal
				  property, Safety and Security personnel shall provide for the security and
				  storage of said property as follows:
(1) In a
				  case of an unusual or untimely death, Safety and Security Personnel shall
				  secure the scene to ensure the decedent's personal property is neither removed
				  nor disturbed until authorized by State Police.
(2) For all decedent and former veterans who
				  either may be involuntarily discharged or whose whereabouts may be unknown,
				  Safety and Security personnel shall cause an inventory to be made of the
				  personal property and secure said property for storage.
(A) Personal property once inventoried may be
				  released to the next of kin, a personal representative, or a funeral director
				  unless otherwise directed by law enforcement personnel or court
				  order.
(B) Any person receiving
				  said items shall be required to sign in receipt thereof.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part A - General › Section 27-102l(d)-250 - Guiding principles

Current through July 10, 2024
The following guiding principles shall govern the
					 interpretation of the regulations pertaining to veteran billing and the
					 settling of accounts.
(a) Each and
				  every veteran who is able to manage his own financial affairs is free to do so.
				  A rebuttable presumption exists in favor of the veteran's ability to do
				  so.
(b) When a veteran is not able
				  to or elects not to manage his own financial affairs, the veteran may designate
				  a party of his choosing to do so on his behalf.
(c) Admission to any program administered by
				  the Department of Veterans' Affairs shall not in and of itself infringe on the
				  right of a veteran to manage his own affairs, including financial.
(d) As a condition of residence and program
				  participation, each veteran shall pay for services rendered to him in an amount
				  based on his ability to pay as determined by the Commissioner or his
				  designee.
(e) Each veteran who is
				  not able to pay the full cost of services rendered shall remain liable for the
				  full amount, minus any payments received, and shall be obligated to make
				  payments on any amount due and owed in the event that he gains the ability to
				  pay during his lifetime or through his estate upon his death.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part A - General › Section 27-102l(d)-253 - Fiduciary duties

Current through July 10, 2024
(a) The Department may serve in a
				  fiduciary capacity by agreement with the veteran in residence or by way of an
				  involuntary assignment of income. When serving in a fiduciary capacity, the
				  Department shall:
(1) Take actions only that
				  shall be in the best interest of the veteran, including maintaining an account
				  in good standing, and
(2) If the
				  veteran is or may be eligible for a third party payment, including federal
				  veteran's benefits, Medicaid and Medicare, based on a means test or other
				  qualifying criteria, the department shall take actions designed to ensure
				  initial and continued eligibility for such benefits and programs, and
(3) Reduce the assets of veterans not already
				  on Medicaid as required under Section
				  27-102
l
(d)-257 of the regulations of Connecticut state agencies,
				  and
(4) Reduce the assets of
				  veterans not already receiving Federal Veterans' benefits from the Federal
				  Department of Veterans' Affairs.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part B - Payment and Billing Procedures › Section 27-102l(d)-254 - Liability for services rendered

Current through July 10, 2024
(a) Each veteran
				  or his legally liable relative shall be liable for the cost of services
				  rendered, except as otherwise provided in the Regulations of Connecticut State
				  Agencies and state or federal law(s). A presumption shall exist that a veteran
				  can pay in full for all services rendered. The burden is at all times on the
				  veteran to demonstrate that he is without the ability to pay.
(b) Each veteran who requests an application
				  for admission to any program administered by the Department of Veterans'
				  Affairs shall be given notice as to current fees for services requested and a
				  brief explanation of the current billing procedure as described in the Veteran
				  Handbook.
(c) The veteran may
				  request, prior to accepting or being admitted to any program administered by
				  the Department of Veterans' Affairs that the Department make a preliminary
				  determination of his ability to pay. The Department shall respond, if complete
				  information is provided to the Department in a timely manner.
(d) The notice described in subsection (b)
				  shall be given to the applicant's personal representative or any other person
				  requesting the admission on behalf of an incapable veteran. If and when an
				  incapable veteran regains his capacity to manage his own affairs, the notice
				  described in subsection (b) of this section shall then be provided to the
				  veteran.
(e) The notice described
				  in subsection (b) of this section shall include a statement that failure to
				  satisfy the minimum payment due now is grounds for discharge.
(f) Ability to pay shall not be a factor
				  considered in the admission decision process undertaken by the Commissioner or
				  his designee.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part B - Payment and Billing Procedures › Section 27-102l(d)-255 - Billing statement

Current through July 10, 2024
(a) In accordance
				  with the published billing procedures and process as stated in the Veteran
				  Handbook and admission application, the Department shall issue a monthly
				  billing statement to each veteran admitted to the Home for each month while in
				  residence. The monthly billing statement shall contain:
(1) Name of the veteran,
(2) Case number,
(3) Period of billing,
(4) Date prepared,
(5) Payment due date,
(6) All transactions, including charges,
				  credits and receipts, including advanced payments if any,
(7) Minimum payment due now, and
(8) Delinquent Accounts Receivable.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part B - Payment and Billing Procedures › Section 27-102l(d)-256 - When the ability to pay is determined and redetermined

Current through July 10, 2024
(a) Within thirty (30) days after being
				  admitted to any program administered by the Department of Veterans' Affairs,
				  the Commissioner or his designee shall determine the veteran's ability to pay.
(1) The ability to pay shall be redetermined
				  from time to time as the Commissioner may determine.
(2) The Chief Fiscal Officer may investigate
				  any change of circumstance in a veteran's ability to pay based on information
				  that a veteran's income or assets, both real or potential, have increased or
				  decreased.
(3) A veteran subject to
				  an investigation under subdivision (2) of this subsection shall:
(A) Confirm or deny the information as
				  presented by the Chief Fiscal Officer,
(B) Provide an accurate statement of the
				  current status of his income and assets, and
(C) Cooperate with the Chief Fiscal Officer
				  or designee in the investigation and subsequent actions to make any such income
				  or resource available.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part B - Payment and Billing Procedures › Section 27-102l(d)-257 - How the ability to pay is determined

Current through July 10, 2024
(a)
				  In accordance with Section
				  27-102
l
(d)-250 of the Regulations of Connecticut State Agencies, the
				  veteran and any other person as described in Section
				  27-102
l
(d)-250 of the Regulations of Connecticut State Agencies, as
				  a condition of admission or continued participation of the veteran, to
				  cooperate with the Department and provide such information as is necessary for
				  the Department to determine the veteran's ability to pay.
(b) A veteran's ability to pay is determined
				  by combining all of his assets and his total monthly income, from all sources,
				  and comparing the combined amount with the charge for his care, as determined
				  by the Department pursuant to Section
				  27-102
l
(d)-258.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part B - Payment and Billing Procedures › Section 27-102l(d)-259 - Third party benefits

Current through July 10, 2024
(a) The Department
				  may execute and maintain agreements with other public agencies and private
				  entities to participate in reimbursement programs, including but not limited to
				  Titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and the
				  United States Department of Veterans' Affairs.
(b) Each veteran, who the Commissioner
				  determines may be eligible for reimbursements from a third party insurer or
				  governmental program, is obligated to provide necessary information and fully
				  cooperate with the Department in the application for and maintenance of such
				  income, reimbursement or benefit. Failure to comply with this subsection shall
				  be grounds for involuntary assignment of income and assets or involuntary
				  discharge.
(c) For any program
				  administered by the Department of Veterans' Affairs for which the Department is
				  a Medicaid provider, and for the purposes of determining order of liability,
				  the state Department of Social Services, through the Medicaid program, shall be
				  "payor of last resort" and all other payment sources shall be exhausted before
				  any bill is presented to the Department of Social Services.
(d) For any program administered by the
				  Department of Veterans' Affairs for which the Department is a Medicaid
				  provider, and in the event that a portion of the regulations of Connecticut
				  state agencies is in conflict with the Department of Social Services' Uniform
				  Policy Manual, as amended from time to time, the Department of Social Services
				  regulation shall prevail.
(e) The
				  veteran shall, or shall cause his representative to, promptly file and claim
				  income, assets and reimbursement due, and owed, or available to the veteran for
				  payment of or reimbursement of expenditures made on his behalf or which may be
				  claimed for services rendered to him. Sources covered by this subsection
				  include, but shall be not limited to private insurance, a trust or any other
				  arrangement under which the veteran is or could be a beneficiary, whether
				  specifically named or not.
(f) The
				  veteran shall cooperate in any action, including making application, or
				  preceding that can or may be brought for the purpose of making the veteran's
				  income, asset or reimbursement available to meet the costs of his care. In the
				  event that the veteran refuses or fails to cooperate in such efforts, the
				  Commissioner may:
(1) Apply for a
				  conservatorship to accomplish these tasks;
(2) Consider the failure to comply with the
				  regulations of Connecticut state agencies as a ground for involuntary
				  assignment of the same, or
(3)
				  Initiate a proceeding for involuntary discharge.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part B - Payment and Billing Procedures › Section 27-102l(d)-260 - Application of credits

Current through July 10, 2024
All payments made by or on behalf of a veteran shall be
					 applied directly against the veteran's account as a credit in the following
					 sequence:
(a) Minimum Payment Due Now,
				  with the excess applied to,
(b)
				  Amounts Past Due, with the excess applied to,
(c) Delinquent Accounts Receivable, with the
				  excess applied to,
(d) Veteran's
				  Account, provided that the total amount of the credit is a value less than 90
				  days of care at the applicable per diem fee, with the excess,
(e) Reimbursed to the Veteran, unless the
				  veteran requests the Department retain funds for the payment of future
				  liability as an advance payment in accordance with subsection (d) in Section
				  27-102
l
(d)-255 of the Regulations of Connecticut State
				  Agencies.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part B - Payment and Billing Procedures › Section 27-102l(d)-261 - Timely payments

Current through July 10, 2024
(a) The veteran
				  shall pay in full the minimum payment due upon receipt of a Statement of
				  Account.
(b) Any portion of the
				  minimum payment due remaining unpaid after twenty (20) days of presentation of
				  the Statement of Account to the veteran, or his personal representative, shall
				  become past due.
(c) Any account
				  with an amount past due shall be deemed as an account "not in good standing,"
				  unless the veteran or his personal representative can demonstrate to the
				  Commissioner that circumstances beyond the control of the veteran or his
				  personal representative led to the amount past due.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part C - Personal Representatives › Section 27-102l(d)-270 - Establishment and termination of personal representatives

Current through July 10, 2024
(a) A veteran who is able to manage his own
				  financial affairs is free to do so and the Department shall not interfere
				  except as provided under this section. A rebuttable presumption exists in favor
				  of the veteran's ability to do so.
(b) In the event the Commissioner determines,
				  based on the recommendation of medical or programmatic staff familiar with the
				  veteran's needs, that a veteran may not have the ability to manage his personal
				  financial affairs, he may apply to a court of competent jurisdiction for the
				  appointment of a conservator of the estate, so long as the veteran or another
				  party has not already made such an application.
(c) The following personal behaviors may be
				  indicators of the lack of ability to manage personal affairs:
(1) Inability to recall
				  expenditures.
(2) Inability to
				  maintain account in good standing.
(3) Making large loans without
				  collateral.
(4) Purchases of
				  illegal goods.
(5) Inability to
				  recognize value of money.
(6) Other
				  conduct as determined by the Department not to be in the best interest of the
				  veteran's welfare and health.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part C - Personal Representatives › Section 27-102l(d)-271 - Duties of personal representatives

Current through July 10, 2024
(a) It shall
				  be the duty of each personal representative of a veteran participating in any
				  program administered by the Department of Veterans' Affairs to register with
				  the Commissioner on a form provided by the Department.
(b) Each personal representative shall notify
				  the Commissioner, in writing, of any change of address or other pertinent
				  information or the termination of the representation.
(c) Each personal representative shall assist
				  the Department in the filing for all third party revenues that the Department
				  has identified as potential sources of income and or payment which reimburse
				  the Department and which reduces or satisfies the minimum payment due now, past
				  due amount, and or delinquent Accounts Receivable, or any portions
				  thereof.
(d) In the event that the
				  Commissioner becomes aware of any irregularities in the conduct of a personal
				  representative, notification to an appropriate party, including but not limited
				  to the veteran and the Probate Court, shall be made as appropriate to the best
				  interest of the veteran.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part D - Accounts of Deceased Veterans › Section 27-102l(d)-272 - Claims against estates

Current through July 10, 2024
(a) Upon the death
				  of a veteran owing any amount past due or a delinquent Accounts Receivable, the
				  Commissioner may file a claim against such veteran's estate for payment of the
				  full amount of the veteran's delinquent Accounts Receivable.
(b) Upon the death of a veteran having a
				  delinquent Accounts Receivable, the Commissioner, may enter into a written
				  agreement with a spouse and/or other dependent person(s) at the time of the
				  veteran's death for life occupancy and use of the deceased veteran's residence
				  so long as the veteran or the administrator of the estate show evidence of
				  placing a lien in favor of the Department against such property for the amount
				  of the deceased veteran's delinquent Accounts Receivable at the time of such
				  filing and an assurance that no further encumbrances shall be placed against
				  said property by the occupants.
(c)
				  Upon the conclusion of the tenancy described in subsection (b) of this section,
				  the Commissioner shall seek payment for the veteran's delinquent Accounts
				  Receivable against the real property subject to the lien.
(d) Any asset that passes outside the estate
				  of the deceased veteran may be subject to recovery to the fullest extent of the
				  law, if estate is not sufficient to make a payment in full for any reason.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part E - Accounts Not In Good Standing › Section 27-102l(d)-273 - Assignment of income and assets

Current through July 10, 2024
(a) A veteran may
				  assign income or assets to the Department and may do so voluntarily under an
				  agreement with the Commissioner or involuntarily under an order by the
				  Department.
(b) As to voluntary and
				  involuntary assignments, the Commissioner or his designee, shall:
(1) Apply as credits to the veteran's
				  accounts such income and assets as specified in Section
				  27-102
l
(d)-260 of the regulations of Connecticut state
				  agencies.
(2) Distribute all
				  personal allowances to the veteran, in a timely manner and in the manner the
				  veteran or his personal representative requests.
(3) Make available to the veteran or his
				  personal representative an accounting of transactions for inspection at
				  mutually convenient times.
(4)
				  Provide an accounting not less than annually.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part E - Accounts Not In Good Standing › Section 27-102l(d)-274 - Involuntary assignments of income

Current through July 10, 2024
(a) The Chief
				  Fiscal Officer, with the approval of the Commissioner, may order a veteran to
				  involuntarily assign income from whatever source to the Department pursuant to
				  Section
				  27-108
				  of the Connecticut General Statutes.
(b) The Chief Fiscal Officer shall petition
				  the Commissioner for approval of an involuntary assignment and provide a copy
				  of the petition to the veteran and his personal representative, if known.
(1) The petition shall state:
(A) The legal authority under which the
				  petition is filed.
(B) The alleged
				  facts upon which Chief Fiscal Officer relied in ordering assignment, including
				  a review of the recent history of the veteran's account and amounts unpaid and
				  past due.
(C) Terms and conditions
				  under which the account at issue may be made current and thereby avoid the
				  pending assignment.
(D) The
				  specific income to be assigned.
(E)
				  The right of a veteran to administrative hearing as provided in subsection (d)
				  of Section
				  27-108
				  of the Connecticut General Statutes and how to perfect or exercise that
				  right.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part E - Accounts Not In Good Standing › Section 27-102l(d)-275 - Voluntary assignment

Current through July 10, 2024
(a) A veteran or
				  his personal representative may request the Commissioner receive a voluntary
				  assignment of income and assets.
(b) Any voluntary agreement for assignment of
				  any income or assets shall be reduced to writing and be signed by the veteran
				  or his personal representative and the Commissioner, or his designee.
(c) The Commissioner may agree to assignment
				  of estates not exceeding $20,000 in assets at the time of such agreement and
				  shall petition the probate court for appointment of a conservator if and when
				  an estate subject to such an agreement reaches $25,000.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part F - Desk Review, Informal Conference and Hearing › Section 27-102l(d)-276 - Desk review and informal conference

Current through July 10, 2024
(a)
				  Except as otherwise provided by this section, a veteran who disagrees with an
				  agency decision pertaining to payment or billing for services rendered may
				  petition for a desk review or an informal conference with the Chief of Fiscal
				  and Administrative Services which shall be completed within ten (10)
				  days.
(b) If after an informal
				  conference held pursuant to subsection (a) of this section, the veteran
				  continues to disagree, he may, within ten (10) days of the Chief Fiscal
				  Officer's decision:
(1) Petition the
				  Commissioner for a desk review by the Commissioner,
(2) Request an informal conference with the
				  Commissioner, or
(3) Request a fair
				  hearing in the case of an involuntary assignment.
Connecticut Administrative Code › Title 27 - Armed Forces and Veterans › 102ld - Administration, Programs, and Patient Rights and Obligations › Article VI - PAYMENT FOR SERVICES AND CARE › Part F - Desk Review, Informal Conference and Hearing › Section 27-102l(d)-277 - Hearings

Current through July 10, 2024
(a) A final agency decision under Section
				  27-102
l
(d)-276 shall not be appealed or subject to judicial review,
				  except as provided in of the regulations of Connecticut state agencies in
				  subsection (b) of that section.
(b)
				  After a hearing on an involuntary assignment, the Commissioner's decision, or
				  that of his designee if empowered by the Commissioner to make such a decision,
				  is final, but may be subject to judicial review pursuant to Section
				  4-183 of
				  the general statutes.