reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 257b - General Operations and Procedures › Section 17-257b-1 to 17-257b-57 - Transferred

Current through July 10, 2024
Transferred, May 21, 1992.
Correlated Table
Old
						  Section
New Section
17-257b- 1
17a-581- 1
17-257b- 2
17a-581- 2
17-257b- 3
17a-581- 3
17-257b- 4
17a-581- 4
17-257b- 5
17a-581- 5
17-257b- 6
17a-581- 6
17-257b- 7
17a-581- 7
17-257b- 8
17a-581- 8
17-257b- 9
17a-581- 9
17-257b-10
17a-581-10
17-257b-11
17a-581-11
17-257b-12
17a-581-12
17-257b-13
17a-581-13
17-257b-14
17a-581-14
17-257b-15
17a-581-15
17-257b-16
17a-581-16
17-257b-17
17a-581-17
17-257b-18
17a-581-18
17-257b-19
17a-581-19
17-257b-20
17a-581-20
17-257b-21
17a-581-21
17-257b-22
17a-581-22
17-257b-23
17a-581-23
17-257b-24
17a-581-24
17-257b-25
17a-581-25
17-257b-26
17a-581-26
17-257b-27
17a-581-27
17-257b-28
17a-581-28
17-257b-29
17a-581-29
17-257b-30
17a-581-30
17-257b-31
17a-581-31
17-257b-32
17a-581-32
17-257b-33
17a-581-33
17-257b-34
17a-581-34
17-257b-35
17a-581-35
17-257b-36
17a-581-36
17-257b-37
17a-581-37
17-257b-38
17a-581-38
17-257b-39
17a-581-39
17-257b-40
17a-581-40
17-257b-41
17a-581-41
17-257b-42
17a-581-42
17-257b-43
17a-581-43
17-257b-44
17a-581-44
17-257b-45
17a-581-45
17-257b-46
17a-581-46
17-257b-47
17a-581-47
17-257b-48
17a-581-48
17-257b-49
17a-581-49
17-257b-50
17a-581-50
17-257b-51
17a-581-51
17-257b-52
17a-581-52
17-257b-53
17a-581-53
17-257b-54
17a-581-54
17-257b-55
17a-581-55
17-257b-56
17a-581-56
17-257b-57
17a-581-57
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 273 - Administration of the General Assistance Program › Section 17-273-11 - Relatives legally liable for support (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 292d - Hearings for General Assistance Recipients › Section 17-292d-1 - Hearings (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › DESCRIPTION OF ORGANIZATION › Section 17-311-1 - Description

Current through July 10, 2024
The commissioner of income maintenance (hereinafter referred
				  to as the commissioner) is empowered and described in 17-311, General Statutes
				  of Connecticut, revised to 1981 (hereinafter referred to as G.S.).
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › DESCRIPTION OF ORGANIZATION › Section 17-311-2 - Functions

Current through July 10, 2024
The commissioner has the duty of establishing annually the
				  cost of services for which payment is to be made to facilities receiving
				  appropriations granted by the General Assembly as set forth in 17-312 G.S.
				  through 17-314 G.S.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › DESCRIPTION OF ORGANIZATION › Section 17-311-3 - Official address

Current through July 10, 2024
All communications should be addressed to the Commissioner of
				  Income Maintenance, 110 Bartholomew Avenue, Hartford, Connecticut 06115, unless
				  otherwise specified.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › DESCRIPTION OF ORGANIZATION › Section 17-311-4 - Public information

Current through July 10, 2024
The public may inspect the regulations, decisions, and public
				  records of the commissioner at his office in Hartford. Requests should be
				  submitted in writing to the commissioner at the above-stated official address.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › DESCRIPTION OF ORGANIZATION › Section 17-311-5 - Signature of documents

Current through July 10, 2024
The duly authorized and official documents of the
				  commissioner including but not limited to the commissioner's orders, notices,
				  and communications, shall be signed by the commissioner or his authorized
				  representative.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-11 - Scope of procedures

Current through July 10, 2024
These rules govern practice and procedure before the
						commissioner under the applicable laws of the State of Connecticut except as
						otherwise provided by statute.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-12 - Definitions

Current through July 10, 2024
The definitions provided by 4-166 and 17-311 G.S. shall
						govern the interpretation and application of these rules. In addition thereto
						and except as otherwise required by the context:
(a) "Commissioner" means the commissioner or
					 his designated representative.
(b)
					 "Hearing" means that portion of the commissioner's proceedings in the
					 disposition of matters delegated to his jurisdiction by law wherein an
					 opportunity for presentation of evidence and argument occurs, which is preceded
					 by due notice and which includes both an opportunity to present to the
					 commissioner such written and oral testimony and argument as the commissioner
					 deems appropriate and an opportunity to examine and cross-examine any witness
					 giving testimony therein. Any such hearing shall be conducted as a public
					 hearing.
(c) "Contested case" means
					 a proceeding in the commissioner's disposition of matters delegated to his
					 jurisdiction by law in which the legal rights, duties, or privileges of a party
					 are determined by the commissioner after an opportunity for a hearing. The
					 definition stated in 4-166(2) G.S. shall further define this term.
(d) "Party" means each person named or
					 admitted by the commissioner as a party to a contested case, whose legal
					 rights, duties, or privileges will be determined by the commissioner by the
					 final decision therein.
(e)
					 "Intervenor" means each person admitted as a participant in a contested case
					 who is not designated a party.
(f)
					 "Person" means any individual, partnership, corporation, association,
					 governmental subdivision, or public or private organization of any character to
					 which these rules of practice may apply where appropriate to the context of the
					 regulations herein set forth.
(g)
					 "Petitioner" and "applicant" mean any person who has filed a petition or
					 application requesting action by the commissioner.
(h) "Related parties" means persons or
					 organizations related through marriage, ability to control, ownership, family
					 or business association.
(i)
					 "Levels of care" means chronic and convalescent hospitals, rest homes with
					 nursing supervision, and homes for the aged.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-13 - Waiver of rules

Current through July 10, 2024
Where good cause appears, the commissioner may permit
						deviation from these rules, except where precluded by statute.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-14 - Construction and amendment

Current through July 10, 2024
These rules shall be so construed by the commissioner as
						to secure just and expeditious determination of the issues presented hereunder.
						Amendments and additions to these rules may be adopted by the commissioner by
						being duly promulgated as regulations in accordance with Chapter 54 of the
						General Statutes.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-15 - Computation of time

Current through July 10, 2024
Computation of any period of time referred to in these
						rules begins with the first day following that on which the act which initiates
						such period of time occurs and ends on the last day of the period so computed.
						This last day of that period is to be included unless it is a day on which the
						State offices are closed, in which event the period shall run until the end of
						the next following business day. When such a period of time, with the
						intervening Saturdays, Sundays, and legal holidays counted, is five (5) days or
						less, the said Saturdays, Sundays and legal holidays shall be excluded from the
						computation; otherwise, such days shall be included in the computation.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-16 - Extensions of time

Current through July 10, 2024
At the discretion of the commissioner for good cause
						shown, any time limit prescribed or allowed by these rules may be extended. All
						requests for extensions shall be made before the expiration of the period
						originally prescribed or as previously extended.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-17 - Effect of filing, public records

Current through July 10, 2024
(a) The filing with
					 the commissioner of any application, request for advisory ruling, petition, or
					 request of any nature whatsoever shall not relieve any person of the obligation
					 to comply with any statute or with any regulation or order of the
					 commissioner.
(b) Any request,
					 petition, or application filed for the purpose of securing from the
					 commissioner any final decision or other action authorized by law shall be part
					 of the public records of the commissioner as defined by statute.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-18 - Consolidation of proceedings

Current through July 10, 2024
Proceedings involving related questions of law or fact
						may be consolidated by the commissioner.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-19 - 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; the state employees
						serving the commissioner, and all attorneys, agents, representatives, and any
						other persons who shall appear before the commissioner in any hearing, meeting,
						contested case or other proceeding.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules › Section 17-311-20 - Ex parte communication

Current through July 10, 2024
Unless required for the disposition of matters ex parte
						authorized by law, the commissioner shall not communicate directly or
						indirectly with any party or intervenor 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. The
						commissioner may communicate with and may have the aid and advice of such
						persons as are assigned to assist him in any contested case. In a contested
						case, this rule shall not be construed to preclude such routine communications
						as are necessary to
						permitthecommissionerand/orsuchpersonsasareassignedtoassisthimtoinvestigate
						facts and to conduct the informal conferences allowed by these rules of
						practice at any time before, during, and after the hearing thereof.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 17-311-21 - Principal office

Current through July 10, 2024
The principal office of the commissioner is located at
						110 Bartholomew Avenue, Hartford, Connecticut. The office of the commissioner
						is open from 8:30 a.m. to 4:30 p.m. each weekday except Saturdays, Sundays and
						legal holidays.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 17-311-22 - Date of filing

Current through July 10, 2024
All orders, decisions, findings of fact, requests,
						correspondence, motions, petitions and any other documents governed by these
						rules shall be deemed to have been issued or received on the date on which they
						are issued or received by the commissioner at his principal office, except as
						may hereinafter be provided.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 17-311-23 - Signatures

Current through July 10, 2024
Every request, application, notice, motion, petition,
						brief, and memorandum addressed to the commissioner shall be signed in behalf
						of the person filing.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 17-311-24 - Identification of communications to the commissioner

Current through July 10, 2024
Communications should embrace only one matter and should
						contain the name and address of the sender and an appropriate file reference to
						the subject of the communication. When the subject matter pertains to a
						proceeding pending before the commissioner, the title of the proceeding and the
						docket number should be given. Failure to observe this rule may result in
						rejection and return of the communication to the sender by the commissioner.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 17-311-25 - Formal requirements as to copies of documents and other papers filed in proceedings

Current through July 10, 2024
In addition to the original, there shall also be filed
						three (3) copies for the use of the commissioner, unless the filing of a
						greater or lesser number of such copies is directed by the commissioner.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 1 - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 17-311-26 - Service

Current through July 10, 2024
(a)
General rule.
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
					 personal delivery or by first class mail, except as hereinafter
					 provided.
(b)
On whom
					 served.
All documents and other papers shall be served by the person
					 filing the same on every party in the proceeding and all such additional
					 persons as the commissioner shall direct.
(c)
Service by the commissioner.
A copy of any document or other paper served by the commissioner, showing the
					 addresses to which the document or other paper was mailed, shall be placed in
					 the commssioner's files and shall thereafter be prima facie evidence of the
					 fact and date of such service.
(d)
Service of written notice.
Written notice of all orders, decisions
					 or authorizations issued by the commissioner shall be given to the party
					 affected thereby or to such other person as the commissioner may deem
					 appropriate by personal service upon such person or by first class mail.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 1 - Parties, Intervention and Participation › Section 17-311-27 - Designation of parties

Current through July 10, 2024
(a) 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 subject to such person complying with 4-177a G.S.
(b) Subsequent to the issuance of the notice
					 of hearing, no other person before the commissioner other than the petitioner
					 and, in self-pay rate hearings, the self-pay patients affected by the self-pay
					 rate determination at issue shall have standing as a party within the
					 definition of 4-166 (8) G.S. except upon the express order of the
					 commissioner.
(c) The commissioner
					 will designate all self-pay patients or, in the case of incompetent self-pay
					 patients, their guardians or conservators as parties of record, because
					 self-pay rate hearings involve what rates self-pay patients pay to their
					 nursing homes.
(d) At the
					 commencement of a self-pay rate hearing, the nursing home shall submit for the
					 record a written list of the names and addresses of all of its present and past
					 self-pay patients and their guardians or conservators who are affected by the
					 self-pay rate years which are the subject of such hearing. Failure of the
					 nursing home to submit such written list shall constitute cause for a default
					 of the facility at the self-pay rate hearing. The commissioner or his
					 designated hearing officer or presiding officer shall have the discretion not
					 to default a facility which inadvertently made a minor or technical error in
					 its list and is willing to correct such minor or technical error if possible.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 1 - Parties, Intervention and Participation › Section 17-311-28 - Participation by persons other than parties

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 commissioner permit that person to participate in the hearing. Any
					 person not a party that is so permitted to participate in the hearing will be
					 identified as an intervenor for the purposes of these regulations and will
					 participate in those portions of the contested case that the commissioner shall
					 expressly authorize.
(b)
Status of a non-party that has been admitted to participate.
No
					 grant or 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. An intervenor is a party of record
					 for the limited purposes described in 4-183 G.S.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 1 - Parties, Intervention and Participation › Section 17-311-29 - Representation of parties and intervenors

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 in behalf of the commissioner.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-30 - Commencement of contested case

Current through July 10, 2024
When a hearing is required by law as to any person, the
						contested case shall be deemed to commence on the date of issuance of the
						agency determination which is the subject of the filing of the request,
						application, or petition for purposes of 4-174 to 4-183 G.S.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-31 - Place of hearings

Current through July 10, 2024
All hearings of the commissioner shall be held at
						Hartford at the office of the commissioner, unless a different place is
						designated by statute or by direction of the commissioner.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-32 - Notice of hearings

Current through July 10, 2024
(a)
Persons
					 notified.
Except when the commissioner shall otherwise direct, the
					 commissioner shall give written notice of a hearing in any pending matter to
					 all persons designated as 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 the 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)
Contents of notice.
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 under
					 which the hearing is to be held and the identification of statutes and/or
					 regulations that are involved;
(3)
					 a short and plain statement of fact describing the purpose of the hearing.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-33 - General provisions

Current through July 10, 2024
(a)
Purpose
					 of hearing.
The purpose of any hearing the commissioner conducts under
					 Chapter 54 G.S. shall be to provide to all parties an opportunity to present
					 evidence and argument on all issues to be considered by the
					 commissioner.
(b)
Order of
					 presentation.
In hearings on requests, applications, and petitions, the
					 party that shall open and close the presentation of any part of the matter
					 shall be the person making the request, the applicant, or the
					 petitioner.
(c)
Limiting
					 number of witnesses.
To avoid unnecessary cumulative evidence, the
					 commissioner 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 permit any
					 party to offer testimony in written form.
Such written testimony shall
					 be received in evidence with the same force and effect as though it were stated
					 orally by the witness who has given 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 commissioner. Prior to its admission, such written testimony
					 shall be subject to objections by parties.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-34 - Witnesses and testimony

Current through July 10, 2024
The commissioner, his designated hearing officer and/or
						his designated presiding officer may administer oaths, take testimony under
						oath relative to the case, subpoena witnesses and require the production of
						records, physical evidence, papers and documents to any hearings held in the
						case pursuant to 4-177b G.S.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-35 - 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
						G.S.
(a)
General.
Any
					 oral or documentary evidence may be received; but the commissioner shall, as a
					 matter of policy, exclude irrelevant, immaterial, or unduly repetitious
					 evidence. The commissioner 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 any testimony may be received in written
					 form as herein provided.
(b)
Documentary evidence, copies.
Documentary evidence should be
					 submitted in original form, but may be received in the form of copies or
					 excerpts at the discretion of the commissioner. Upon request by any party an
					 opportunity shall be granted to compare the copy with the original if
					 available, which shall be produced for this purpose by the person offering such
					 copy as evidence.
(c)
Cross-examination.
Cross-examination may be conducted as the
					 commissioner shall find to be required for a full and true disclosure of the
					 facts.
(d)
Facts noticed,
					 committee records.
The commissioner may take administrative notice of
					 judicially cognizable facts, including the records and the prior decisions and
					 orders of the commissioner and the former committee on state payments. 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 commissioner's
					 experience, technical competence, and specialized knowledge in evaluating the
					 evidence presented at the hearing for the purpose of making his finding of
					 facts and arriving at a final decision.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-36 - Filing of added exhibits and testimony

Current through July 10, 2024
Upon order of the commissioner before, during, or after
						the hearing any party shall prepare and file added exhibits and written
						testimony. Such added exhibits and testimony shall be deemed to be an offer of
						evidence and shall be subject to such comment, reply, and contest as due
						process shall require.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-37 - Uncontested disposition of request, application or petition

Current through July 10, 2024
Unless precluded by law, any request, 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 › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-39 - Record in a contested case

Current through July 10, 2024
The record in a contested case shall include:
(1) written notice related to the case;
(2) all petitions, pleadings,
					 motions and intermediate rulings;
(3) evidence received or considered;
(4) questions and offers of proof,
					 objections and rulings thereon;
(5) the official transcript, if any, of
					 proceedings relating to the case, or, if not transcribed, any recording or
					 stenographic record of the proceedings;
(6) proposed final decisions and exceptions
					 thereto, where the hearing officer or presiding officer has not been delegated
					 the authority to render final decision directly, and
(7) the final decision.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 17-311-40 - Final decision in a contested case

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
						final decision on each party in the manner required by these rules of practice
						and by Chapter 54 G.S.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 17-311-41 - General rule

Current through July 10, 2024
These rules set forth the procedure to be followed by the
						commissioner in the disposition of a petition concerning the promulgation,
						amendment, or repeal of regulations.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 17-311-42 - Form of petition

Current through July 10, 2024
Any person may at any time petition the commissioner to
						promulgate, amend, or repeal any regulation. The petition shall conform to the
						rules hereinabove stated, where applicable, and shall set forth clearly and
						concisely 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 in the petition or in a
						brief annexed thereto. The petition shall be addressed to the commissioner and
						sent by mail or delivered in person during normal business hours. The petition
						shall be signed by the petitioner and shall furnish the address of the
						petitioner and the name and address of the petitioner's attorney, if
						applicable.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 17-311-43 - Procedure after petition filed

Current through July 10, 2024
(a) Decision on
					 petition. Upon receipt of the petition, the commissioner shall within thirty
					 (30) days determine whether to deny the petition or to initiate
					 regulation-making proceedings in accordance with law.
(b) Procedure on denial. If the commissioner
					 denies the petition, the commissioner shall give the petitioner notice in
					 writing, stating the reasons for the denial.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 2 - Requests for Declaratory Rulings › Section 17-311-44 - General

Current through July 10, 2024
These rules set forth the procedure to be followed by the
						commissioner in the disposition of a request for declaratory rulings as to the
						validity of any regulation, or the applicability to specified circumstances of
						a provision of the General Statutes, a regulation, or a final decision on a
						matter within the jurisdiction 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 › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 2 - Requests for Declaratory Rulings › Section 17-311-45 - Form of petition for declaratory ruling

Current through July 10, 2024
(a) Any person
					 may petition the commissioner, or the commissioner may on his own motion
					 initiate a proceeding, for a declaratory ruling as to the validity of any
					 regulation, or the applicability to specified circumstances of a provision of
					 the General Statutes, a regulation, or a final decision on a matter within the
					 agency, provided that a petition to contest any regulation on the ground of
					 non-compliance with the procedural requirements of Chapter 54 G.S. may only be
					 filed within two years from the effective date of the regulation. Such petition
					 shall be addressed to the commissioner and be sent by mail or delivered in
					 person during normal business hours. Petitioner must file with the commissioner
					 an original and five (5) copies of the petition.
(b) If the commissioner determines that a
					 declaratory ruling will not be rendered, the commissioner shall within sixty
					 (60) days thereafter notify the person so inquiring that the petition has been
					 denied and furnish a statement of the reasons on which the commissioner relied
					 in so deciding.
(c) A petition for
					 declaratory ruling shall contain the following sections in the order indicated
					 here:
(1) A statement of the questions being
					 presented for a ruling, expressed in the terms and circumstances of the
					 specific request but without unnecessary detail. This statement shall indentify
					 the statute, regulation or final decision which is the basis for the petition
					 and shall identify the particular aspects thereof and special circumstances to
					 which the question of validity or applicability is directed.
(2) A statement of the facts material to the
					 consideration of the questions presented.
(3) A statement of the position of the
					 practitioner with respect to the questions being presented.
(4) An argument amplifying the reasons relied
					 upon for the petitioner's position, including any appropriate legal citations,
					 must be included with the petition or be in an attached brief.
(5) A signature by the petitioner or legal
					 representative, his address, telephone number and facsimile machine telephone
					 number, if any, of the petitioner and legal representative, if
					 applicable.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 2 - Requests for Declaratory Rulings › Section 17-311-46 - Procedure after petition for declaratory ruling filed

Current through July 10, 2024
(a)
					 Within thirty days after receipt of a petition for a declaratory ruling, the
					 commissioner shall give notice of the petition to all persons to whom notice is
					 required by any provision of law and to all persons who have requested notice
					 of declaratory ruling petitions on the subject matter of the
					 petition.
(b) If the commissioner
					 deems a hearing necessary or helpful in determining any issue concerning the
					 request for declaratory ruling, the commissioner may schedule such hearing and
					 give such notice thereof as shall be appropriate.
(c) Within forty-five calendar days of the
					 submission of the complete petition for a declaratory ruling, persons wishing
					 to be admitted to the proceeding as parties or intervenors shall file a
					 petition with the commissioner. Such persons, in submitting their position and
					 evidence in the declaratory ruling proceeding, shall comply with the other
					 provisions of these regulations concerning the form, content and filing
					 procedures for a petition. If the commissioner conducts a hearing, the
					 commissioner or his designated hearing officer or presiding officer has the
					 discretion to limit the participation of intervenors in such hearing, including
					 the rights to inspect and copy records, to introduce evidence and to
					 cross-examine, so as to promote the orderly conduct of the
					 proceedings.
(d) Within sixty days
					 after receipt of a petition for a declaratory ruling, the commissioner in
					 writing shall:
(1) issue a ruling declaring
					 the validity of a regulation or the applicability of the provision of the
					 General Statutes, the regulation, or the final decision in question to the
					 specified circumstances,
(2) order
					 the matter set for specified proceedings,
(3) agree to issue a declaratory ruling by a
					 specified date,
(4) decide not to
					 issue a declaratory ruling and initiate regulation-making proceedings, under
					 Section
					 4-168,
					 on the subject, or
(5) decide not
					 to issue a declaratory ruling, stating the reasons for his action.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 3 - Miscellaneous ProvisionsCommissioner investigations › Section 17-311-47 - Commissioner investigations

Current through July 10, 2024
The commissioner may at any time institute investigations
						for such purpose as may be authorized by law, including but not limited to
						investigations of the submission of any false or misleading fiscal information
						or data which may lead to suspension of payments pursuant to 17-311(c)
						G.S.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 3 - Miscellaneous ProvisionsCommissioner investigations › Section 17-311-48 - Procedures

Current through July 10, 2024
The rules of notice, practice, and procedure set forth in
						Article 2 govern any hearing held in the course of such an
						investigation.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 4 - COST RELATED REIMBURSEMENT SYSTEM › Section 17-311-50 - Annual report used for submission of cost data

Current through July 10, 2024
Pursuant to sec. 17-311 of the General Statutes, the
					 committee on state payments, (hereinafter referred to as "committee") approved,
					 effective August 17, 1976, a cost report form designated the "Annual Report of
					 Long-term Care Facilities" (hereinafter referred to as "annual report"). Such
					 report shall be used to provide the commissioner with detailed cost information
					 concerning the services provided by each certified and licensed long-term care
					 facility for persons aided or cared for by the state.
The required completed annual report must be received by
					 the commissioner no later than December 31 of each year for the cost year
					 ending September 30 of that year, if a facility wishes to receive payment for
					 persons aided or cared for by the state. Such report shall include the original
					 and one clear copy. All documents must bear the original signatures of the
					 administrator, owner and independent public accountant.
Failure to submit the annual report in a complete and
					 timely manner shall result in the commissioner not promulgating an individual
					 cost-related rate for such facility for the next rate year beginning July 1.
					 Instead, for such delinquent facilities, the commissioner may authorize a rate
					 comparable to the lowest rate paid to a facility for the same level of care.
Connecticut Administrative Code › Title 17 - Public Assistance and Welfare Services › 311 - Cost Related Reimbursement System for Long-Term Care Facilities\t › RULES OF PRACTICE › Article 4 - COST RELATED REIMBURSEMENT SYSTEM › Section 17-311-51 - Type of system used in promulgating rates; prospective rates; cost year; rate year; retroactive rate adjustment

Current through July 10, 2024
Effective July 1, 1976, the system for determining per diem
					 rates of payment to long-term care facilities in the state of Connecticut shall
					 be an individual cost-related prospective rate system derived from cost
					 information provided by each facility in the annual report, required by the
					 commissioner, for each cost year ending September 30 which precedes the rate
					 year beginning July 1 of the succeeding year. The first cost reporting period
					 for which this cost-related system shall be effective shall be October 1, 1974
					 through September 30, 1975, with the rate determined pursuant to this system to
					 be effective for the period July 1, 1976 through June 30, 1977:
(a) In the event that the rate determined on
				  the basis of the cost period October 1, 1974 through September 30, 1975 is less
				  than the amount paid to a provider pursuant to the interim rate adopted by the
				  committee on November 5, 1975 and re-enacted on August 17, 1976, no retroactive
				  adjustment shall be made in favor of the state so as to require a repayment by
				  a provider for the period prior to April 1, 1977.
(b) In the event that the rate determined on
				  the basis of the cost period October 1, 1974 through September 30, 1975 exceeds
				  the amount paid to a provider pursuant to the interim rate adopted by the
				  committee on November 5, 1975 and re-enacted on August 17, 1976, the
				  commissioner shall make a retroactive adjustment in favor of the provider and
				  shall make payments to the provider from July 1, 1976 to the date of the
				  determination of the new rate pursuant to this system.