Connecticut Administrative Code
Title 17a - Social and Human Services and Resources
230 - Funding Program for Privately Operated Community Residences for Mentally Retarded Persons
Section 17a-230-14 - Hearings and reviews
Universal Citation: CT Reg of State Agencies 17a-230-14
Current through March 14, 2024
(a) Case Review, as defined in these regulations:
(1) Shall be
offered to persons:
(A) who have been denied
initial eligibility for authorization under Section 7,
(B) who dispute the level of care that was
initially assigned to them by the regional eligibility team, or
(C) who have been denied admission by a
private residential facility.
(2) The request for a case review shall be
made in writing by the individual, or his legal representative, to the
superintendent of the region or to the private residential facility or to both
according to subsections (4) and (5) below. The superintendent or the private
residential facility shall transmit such request to the regional eligibility
team within five days. The request shall be made within fifteen days after the
receipt of notice of denial or eligibility, dispute of level of care or denial
of admission to a private residential facility.
(3) At the time of request for a case review,
any additional information may be submitted by the client or his legal
representative.
(4) If a client has
been denied eligibility or disputes his level of care, the regional eligibility
team shall, within thirty days after receipt of request for case review, review
its previous decision and any new information submitted and either confirm or
change its original decision.
The chairperson of the regional eligibility team shall notify the individual of the team's decision in writing.
(5) If a client has been denied admission to
a private residential facility, the private residential facility's selection
body shall review its decision and if the initial decision prevails, a notice
shall be sent to the client stating the reasons for denial of admission. A copy
of the decision shall be sent to the regional eligibility team.
(b) A supplemental case review, as defined in these regulations, shall apply as follows:
(1) A client or his representative, who is
not satisfied with the decision in subsection (a) (4) and (5) may request a
supplemental case review.
(2)
Request for a supplemental case review shall be made in writing to the
superintendent of the region in which the decision was made. Requests shall be
made within fifteen days of receipt of notice of the case review
decision.
(3) The superintendent of
the region, upon receipt of such request, shall appoint an impartial individual
to review the decision of the regional eligibility team of the private
residential facility.
(4) The
impartial individual shall solicit any information from the client or his legal
representative and the regional eligibility team or the private residential
facilities and may require attendance at a meeting by such parties in order to
make a binding determination of the dispute.
(5) If the impartial individual schedules a
meeting of the parties, he shall do so within five days of the receipt of the
request for supplemental case review and such meeting shall be held within
fifteen days of receipt of the request.
(6) The decision of the impartial individual
shall be sent in writing to all parties involved within ten days of any meeting
or if no meeting is held, within ten days of receipt of the request and will be
binding.
(c) Fair hearings, as defined in these regulations, shall apply:
(1) Whenever a regional eligibility team
declines to reauthorize a person for continued funding or there is a change in
the level of care of a previously authorized individual, the regional
eligibility team shall give thirty days notice in writing to the individual and
such individual's parent, conservator, guardian, or other legal representative
and the private residential facility in which the person lives. Such notice
shall also inform such individual the reason for determination and of his right
to contest the determination by submitting in writing a request for fair
hearing under the provisions of this subsection.
(2) Request for a hearing shall be made to
the commissioner in writing within fifteen days of receiving the notice
required by this subsection.
(3)
The hearing, if requested, shall be held within thirty days of the request with
proper notification to all parties.
(4) The hearing shall be conducted in
accordance with the provisions of Section
4-177
to
4-184
inclusive of the General Statutes.
Disclaimer: These regulations may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.