Connecticut Administrative Code

Regulations of Connecticut State AgenciesSec. 17-2a-4. Scheduling of hearingImmediately upon receipt of a request for a fair hearing, the hearing officer shall schedule the hearing to be held within thirty days from the date of the request. The request shall be acknowledged by a …

Regulations of Connecticut State AgenciesSec. 17-2a-5. Disposal of request for hearingA request for a fair hearing may be disposed of only by one of the following definitive actions: (1) Withdrawal of the request by the person who made it. This action shall be voluntary and may b…

Regulations of Connecticut State AgenciesSec. 17-2a-6. Site of hearing. Hearing officer in charge(a) The fair hearing shall be held in the district office of the state welfare department unless other arrangements are necessary to suit the convenience of the person requesting the …

Regulations of Connecticut State AgenciesSec. 17-2a-7. WitnessesThe appellant shall act as a witness in his own behalf, and may bring additional witnesses. The department shall be represented at a fair hearing by the social worker, or investigator in a humane institutional case, …

Regulations of Connecticut State AgenciesSec. 17-2a-8. TestimonyTestimony may be given by the appellant and his witnesses and by the social worker, or investigator in a humane institutional case, and other departmental representatives in response to questions asked by the hearing…

Regulations of Connecticut State AgenciesSec. 17-2a-9. ExhibitsExhibits may be introduced by departmental representatives or other witnesses to substantiate or amplify their oral testimony. For example, bank books, deeds, mortgage notes, wage slips, medical bills and other papers…

Regulations of Connecticut State AgenciesSec. 17-311-1. DescriptionThe 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.). (Effec…

Regulations of Connecticut State AgenciesSec. 17-311-101. Objective of proceedingsThe objective of the rehearing and arbitration proceedings of Sec. 17-311 is to provide a means for the expeditious disposition of disputes relating to rates established by the commissioner for any …

Regulations of Connecticut State AgenciesSec. 17-311-102. Designation of tribunalThe arbitration tribunal established according to the procedures set forth in Section 17-311 and the regulations promulgated thereunder, to adjudicate the above disputes, shall be termed the \"arbitr…

Regulations of Connecticut State AgenciesSec. 17-311-103. AdministrationThe administration of the arbitration proceedings shall be conducted jointly by the office of the chief court administrator and the clerk of the superior court of the judicial district wherein the state refer…

Regulations of Connecticut State AgenciesSec. 17-311-104. Rehearing procedureAny provider to which payments are made by the commissioner pursuant to Sec. 17-312 to 17-314 inclusive, which is aggrieved by any decision of the commissioner, may, within ten days after written notice …

Regulations of Connecticut State AgenciesSec. 17-311-105. Conduct of rehearingThe rehearing shall be deemed a contested case, which means a proceeding in the commissioner's disposition of matters delegated to his jurisdiction by law, in which the legal rights, duties or privilege…

Regulations of Connecticut State AgenciesSec. 17-311-106. The decision on rehearingThe commissioner shall render his decision in writing, in accordance with the contested case provisions of Chapter 54 of the General Statutes and regulations referred to above within ninety days of…

Regulations of Connecticut State AgenciesSec. 17-311-107. Commencement of arbitrationIn the event that items of aggrievement are not resolved at the rehearing to the satisfaction of both the commissioner and the provider, then said items shall be submitted to binding arbitration …

Regulations of Connecticut State AgenciesSec. 17-311-108. Institution of arbitrationProceedings for arbitration shall be instituted by filing a request for arbitration in the form of a pleading as prescribed by applicable provisions of the Connecticut Practice Book and the Connec…

Regulations of Connecticut State AgenciesSec. 17-311-109. Position paper of party requesting arbitration; filing of record; memorandum in responseThe provider requesting arbitration shall file together with its request for arbitration a memorandum setting forth its position and c…

Regulations of Connecticut State AgenciesSec. 17-311-11. Scope of proceduresThese rules govern practice and procedure before the commissioner under the applicable laws of the State of Connecticut except as otherwise provided by statute. (Effective March 17, 1983)

Regulations of Connecticut State AgenciesSec. 17-311-110. Appointment of arbitrators by the partiesEach of the parties shall file the name of the person which the provider and the commissioner has designated as the arbitrator. Each of the parties will file together with the name …

Regulations of Connecticut State AgenciesSec. 17-311-111. Appointment of arbitrator; qualificationsThe chief court administrator may appoint one or more state referees as permanent arbitrators to serve in the arbitration of disputes referred to arbitration panels in accordance wi…

Regulations of Connecticut State AgenciesSec. 17-311-112. Scope of reviewThe arbitration board shall confine itself to a review of the record. The arbitration board shall not substitute its judgment for that of the department as to the weight of the evidence on questions of fact.…

Regulations of Connecticut State AgenciesSec. 17-311-113. Oral argument; time and place; adjournmentThe arbitrators shall appoint a time and place for oral argument based on the record and notify the parties thereof and, on application of either party and for good cause shown, sh…

Regulations of Connecticut State AgenciesSec. 17-311-114. Stay of department rehearing decision pending arbitration board's review of the recordThe institution of the arbitration proceeding pursuant to these regulations shall not of itself stay enforcement of the department's reh…

Regulations of Connecticut State AgenciesSec. 17-311-115. Representation by counselEither party may be represented in the arbitration proceeding by counsel or by other authorized representatives. (Effective June 2, 1986)

Regulations of Connecticut State AgenciesSec. 17-311-116. Stenographic recordWhenever a stenographic record is requested by one or more parties, the arbitration panel will arrange for a stenographer. The total cost of the transcript shall be paid by the requesting party. (Effecti…

Regulations of Connecticut State AgenciesSec. 17-311-117. Attendance at hearingsPersons having a direct interest in the arbitration, including representatives of certified collective bargaining agents at the institution are entitled to attend and observe arbitration proceedings. …

Regulations of Connecticut State AgenciesSec. 17-311-118. Majority decisionAll decisions of the arbitrators shall be by majority vote.(Effective June 2, 1986)

Regulations of Connecticut State AgenciesSec. 17-311-119. Subsequent court proceedingsThe provisions of section 52-417 through section 52-424, inclusive, are herewith incorporated by reference as if fully set forth for the purpose of governing any judicial proceedings subsequent …

Regulations of Connecticut State AgenciesSec. 17-311-12. DefinitionsThe 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 th…

Regulations of Connecticut State AgenciesSec. 17-311-120. Aggrieved provider's choice of remedy to contest Sec. 17-311 (b) final administrative rate rehearing decisionAs an alternative remedy to the arbitration process set forth in Sec. 17-311-107 to Sec. 17-311-119 supra, a prov…

Regulations of Connecticut State AgenciesSec. 17-311-13. Waiver of rulesWhere good cause appears, the commissioner may permit deviation from these rules, except where precluded by statute. (Effective March 17, 1983)

Regulations of Connecticut State AgenciesSec. 17-311-14. Construction and amendmentThese 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 th…

Regulations of Connecticut State AgenciesSec. 17-311-15. Computation of timeComputation 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 …

Regulations of Connecticut State AgenciesSec. 17-311-16. Extensions of timeAt 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 perio…

Regulations of Connecticut State AgenciesSec. 17-311-160. Maximun allowable charges to self-pay patients(a) Effective July 1, 1980, and annually thereafter, the Commissioner of Income Maintenance (hereinafter referred to as Commissioner) shall authorize the maximum allowable char…

Regulations of Connecticut State AgenciesSec. 17-311-161. Self-pay charges for routine servicesSelf-pay charges for routine services shall be established for each facility individually and for each level of care provided by such facility in accordance with the following method: (…

Regulations of Connecticut State AgenciesSec. 17-311-162. Self-pay charges for ancillary services(a) Ancillary services means those charges to patients which are directly identifiable as customary medical services rendered to individual patients, and furnished at the direction of…

Regulations of Connecticut State AgenciesSec. 17-311-163. Unauthorized charges to self-pay patients(a) Any facility which is found by the commissioner to have overcharged its self-pay patients, is issued a demand by the commissioner pursuant to subsection (c), and fails to rectif…

Regulations of Connecticut State AgenciesSec. 17-311-164. Field audit and other rate adjustments(a) Every facility for which self-pay charges are established may be audited as deemed necessary by the commissioner. Therefore, each facility shall maintain all supporting expenditure…

Regulations of Connecticut State AgenciesSec. 17-311-165. Hearings(a) Prior to the setting of the self-pay charges on July 1 each year, the Commissioner shall hold public hearings at various locations around the state after first giving notice as provided hereinafter. The Commiss…

Regulations of Connecticut State AgenciesSec. 17-311-166. Notification and hearings(a) The commissioner shall send a notice by mail to each facility, informing the facility of the commissioner's decision with respect to the self-pay charges approved, and the percentage of increas…

Regulations of Connecticut State AgenciesSec. 17-311-167. Requests for increases in self-pay charges(a) In the event of any unforeseen or material change in circumstances, a facility may submit an application for an increase in the self-pay charges established by the commissioner…

Regulations of Connecticut State AgenciesSec. 17-311-168. Requirements for filing annual reports(a) All facilities having 10 or more beds must file the annual report utilized by the commissioner of income maintenance in determining rates pursuant to section 17-314 of the general …

Regulations of Connecticut State AgenciesSec. 17-311-169. Self-pay charges for newly constructed or acquired facilities(a) Self-pay charges for newly constructed or acquired facilities shall be established in accordance with section 17-311-161 on the basis of the State rates for …

Regulations of Connecticut State AgenciesSec. 17-311-17. Effect of filing, public records(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 wi…

Regulations of Connecticut State AgenciesSec. 17-311-18. Consolidation of proceedingsProceedings involving related questions of law or fact may be consolidated by the commissioner. (Effective March 17, 1983)

Regulations of Connecticut State AgenciesSec. 17-311-19. Rules of conductWhere 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 serv…

Regulations of Connecticut State AgenciesSec. 17-311-2. FunctionsThe 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 …