Sec. 17a-228. (Formerly Sec. 19a-483). Payments for room and board and other services for persons with mental retardation in residential facilities. Authorization for admission to residential faciliti
Sec. 17a-228. (Formerly Sec. 19a-483). Payments for room and board and
other services for persons with mental retardation in residential facilities. Authorization for admission to residential facilities; annual review. (a) If a person with
mental retardation residing in a residential facility for the mentally retarded licensed
pursuant to section 17a-227, but not certified to participate in the Title XIX Medicaid
program as an intermediate care facility for the mentally retarded, qualifies for the program of state supplementation to the Supplemental Security Income Program, the Commissioner of Social Services shall pay, under such qualifying program, on behalf of
such person the rate established pursuant to subsection (b) of section 17b-244 for room
and board, after a reasonable deduction, as determined by the commissioner, to reflect
such person's income. The Department of Developmental Services shall pay the rate
established pursuant to subsection (b) of section 17b-244 for services other than room
and board provided on behalf of any person whose admission to the facility has been
authorized by the Department of Developmental Services.
(b) Notwithstanding the provisions of subsection (a) of this section, persons residing
in residential facilities for the mentally retarded licensed pursuant to section 17a-227
and receiving state payment for the cost of such services on October 1, 1983, shall be
deemed to have been authorized for admission by the Department of Developmental
Services. In addition, any person who is admitted to a residential facility for the mentally
retarded after October 1, 1983, and not later than December 31, 1983, which facility is
licensed pursuant to said section after October 1, 1983, and who is receiving state payment for the cost of such services, shall be deemed to have been authorized for admission
by the Department of Developmental Services if (1) not later than July 15, 1983, the
applicant for licensure owns or has an interest in the facility or land upon which the
facility shall be located, or concludes a closing transaction on any mortgage loan secured
by mortgage on such facility or land, (2) such facility is licensed not later than December
31, 1983, and (3) the applicant for licensure presents evidence to the Commissioner of
Developmental Services that commitments had been made by such applicant not later
than July 15, 1983, for the placement of individuals in such facility.
(c) The Department of Social Services shall continue to make payments on behalf
of persons residing, on or before October 1, 1983, in residential facilities licensed pursuant to section 17a-227 on or before October 1, 1983, but not certified as intermediate
care facilities for the mentally retarded, and on behalf of persons authorized for admission into such facilities by the Department of Developmental Services after October 1,
1983, who are otherwise eligible for assistance under sections 17b-600 to 17b-604,
inclusive. Such payment shall be on the same basis and at the same rate which is in
effect on October 1, 1983, and shall continue to pay such rate until the next succeeding
annual rate is determined as provided in section 17b-244 and in this section.
(d) Each individual authorized for admission pursuant to subsections (a) or (b) of
this section into a residential facility for the mentally retarded licensed pursuant to
section 17a-227 shall be reviewed annually by the Department of Developmental Services. Upon completion of the annual review, the Department of Developmental Services may (1) renew the authorization of the individual for continued state-assisted care
in the residential facility, (2) refuse to renew the authorization of the individual for
continued state-assisted care in the residential facility but authorize admission into alternate facilities or (3) refuse to renew the authorization of the individual for continued
state-assisted care in the facility and refuse to authorize continued state-assisted care in
alternate facilities. If the Department of Developmental Services refuses to renew the
authorization of the individual for continued state-assisted care in the residential facility
and either authorizes admission into alternative facilities or refuses to authorize the
individual for state-assisted care in any such alternative facility, the Department of Developmental Services shall continue to pay the rate established pursuant to section 17b-244 for such time as may be administratively necessary for the Department of Developmental Services to arrange for an appropriate transfer.
(e) Whenever the Department of Developmental Services refuses to renew the authorization of a person for continued state-assisted care in a licensed residential facility
for the mentally retarded pursuant to subsection (d) of this section and either authorizes
the individual for admission into alternate facilities or refuses to authorize the individual
for continued state-assisted care in any alternative facility, the Department of Developmental Services shall give thirty days' notice of its determination to the previously
authorized individual and to such individual's parent, conservator, guardian or other
legal representative. Such notice shall also notify each such individual or his legal representative of the individual's right to contest the determination by submitting a request
for a hearing in writing to the Commissioner of Developmental Services within fifteen
days of receiving the notice required by this subsection. Such hearing, if requested, shall
be conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive.
State-assisted care shall continue in the present facility pending final disposition of any
such hearing.
(f) Whenever the Department of Social Services is notified that a facility receiving
payments from the Department of Developmental Services under the provisions of this
section has been certified as an intermediate care facility for persons with mental retardation, as defined in 42 CFR 440.50, the Commissioner of Social Services shall notify the
Governor and the Governor, with the approval of the Finance Advisory Committee,
may transfer from the appropriation for the Department of Developmental Services to
the Department of Social Services, sufficient funds to cover the cost of all services
previously paid by the Department of Developmental Services that are reimbursable, at
the rate established for services provided by such certified facilities. Subsequent budget
requests from both departments shall reflect such transfer of responsibility.
(June Sp. Sess. P.A. 83-39, S. 4; P.A. 84-546, S. 57, 173; P.A. 86-24, S. 1; P.A. 88-156, S. 22; 88-317, S. 82, 107; P.A.
89-375, S. 3, 5; P.A. 93-262, S. 1, 87; P.A. 07-73, S. 2(a),(b).)
History: P.A. 84-546 made technical changes in Subsecs. (b) and (c); P.A. 86-24 substituted "alternate facilities" for
"facilities offering different level of care" in Subsecs. (d) and (e); P.A. 88-156 made technical changes and replaced aid
to the disabled, aid to the blind or aid to the elderly programs with program of state supplementation to the supplemental
security income program; P.A. 88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (e) to include new sections
added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A.
89-375 added Subsec. (f) re transfer of funds from mental retardation department appropriation to income maintenance
department; Sec. 19a-483 transferred to Sec. 17a-228 in 1991; P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department of income maintenance, effective July 1, 1993; pursuant
to P.A. 07-73 "Commissioner of Mental Retardation" and "Department of Mental Retardation" were changed editorially
by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental Services", effective
October 1, 2007.