Sec. 17b-223. (Formerly Sec. 17-295). Support in humane institutions.
Sec. 17b-223. (Formerly Sec. 17-295). Support in humane institutions. (a) The
Comptroller shall at least annually determine the cost per capita per diem for the support
of persons in state humane institutions and furnish such itemized per capita cost to the
Commissioner of Administrative Services. Such cost for the care of persons in facilities
operated by the Department of Mental Health and Addiction Services shall be determined by the Comptroller, in consultation with the Commissioner of Mental Health and
Addiction Services, on a facility-wide, ward-wide or unit-wide basis. The provisions
of this section shall not apply to cases eligible for medical assistance or public assistance
under Title XVIII or Title XIX of the Social Security Act, and such cases shall be
administered as medical or public assistance cases and shall be subject to federal and
state law, rules and procedures governing the same.
(b) The maximum rate to be charged for the support of each patient for the ensuing
year shall be the per capita cost. The commissioner shall, upon the admission of each
patient to a humane institution, and may, upon any subsequent readmission of such
patient, cause an investigation to be made of the financial circumstances of each liable
person and the estate of each patient and, if any such person or estate is found unable
to pay the per capita cost, shall bill such liable person or estate from the date of admission
at a rate which he finds such person or estate able to pay, provided the total billing to
all persons responsible for the support of any patient, including the patient or patient's
estate, shall be based on actual days of attendance at the facility involved and shall not
exceed the per capita cost. A complete disclosure for the amount and terms of such
monthly billing and continuing liability for costs associated with services provided by
the state shall be provided to such liable person or patient prior to admission or if the
immediate need or admission precludes such notification, at the earliest possibility thereafter.
(c) Each patient, the husband or wife of such patient and the father and mother of
a patient under the age of eighteen years each shall be legally liable from the date of
admission for the support of such patient in such institution in accordance with his ability
to pay; except that the maximum liability of legally liable relatives as such for a patient
in a state humane institution shall be determined by the commissioner in accordance
with section 4a-12 and subsection (b) of this section. The guardian, conservator and
payee of Social Security or other benefits on behalf of any such patient shall be similarly
responsible for the support of such patient, but shall be liable in such capacity only in
accordance with the amount of the patient's estate or the benefits received, or both, as
the case may be. Said commissioner may bill and accept payment from any other person
or agency willing to assume any portion of the cost of support of a person in a state
humane institution at such rate as such person or agency is willing to pay. The relatives
of any such patient who is a veteran shall not be liable as such for any part of the cost
of his care in such institution.
(d) Wherever a rate of billing has been established as the result of a fraud of the
patient or a liable person, or where assets of the patient or relative have been concealed
so as not to be available to civil process, such patient or liable person, as the case may
be, shall be liable for the difference between the amounts actually billed and paid and
the amount which would have been billed against such patient or liable person except
for such fraud or concealment, which difference may be recovered in a civil action in
the same manner as is provided in section 17b-228, together with interest at the rate of
twelve per cent from the date of such billing, and no statute of limitations shall apply
to such right of action.
(1949 Rev., S. 2661; 1953, 1955, S. 1489d; November, 1955, S. N169; 1959, P.A. 470; 671, S. 1; 1961, P.A. 590;
February, 1965, P.A. 539, S. 1; 594, S. 1, 2; 1967, P.A. 314, S. 16; 364, S. 1, 3; 746, S. 3; 759, S. 2, 3; 825; 1969, P.A.
730, S. 12; 1972, P.A. 127, S. 27; P.A. 74-243, S. 1-3; P.A. 76-435, S. 19, 82; P.A. 77-614, S. 70, 610; P.A. 78-302, S. 9,
11; 78-343, S. 1, 2; P.A. 79-376, S. 20; 79-443, S. 1, 2; P.A. 80-389, S. 1, 3; P.A. 84-246, S. 1, 2; P.A. 86-169; P.A. 87-421, S. 7, 13; P.A. 88-285, S. 30, 35; P.A. 95-257, S. 11, 58; P.A. 96-135; P.A. 97-312, S. 3.)
History: 1959 acts added, in Subsec. (b), proviso re maximum rate and exception for patients eligible for medical and
hospital benefits; added, in Subsec. (c), provision re cessation of liability and limitation on responsibility of guardian,
conservator and payee of social security and requirement for investigating each patient's estate; added Subsec. (d); limited
application of Subsec. (e) to liable relatives or the patient and substituted, in Subsec. (f), "liable persons" for "legally liable
relatives"; 1961 act placed limitation, in Subsec. (b), on maximum rate, provided for payment by more than one relative
in the same period in Subsec. (c) and eliminated, in Subsec. (d), deferral of finding re financial responsibility pending
commission's finding, referring determination directly to commissioner; 1965 acts added a Subsec. (h) establishing maximum rates predicated on taxable income where patient was mentally retarded, and allowed exclusion of $400 from available
assets of mentally retarded patients returning from outside training in determination of ability to pay in Subsec. (e); 1967
acts removed items of cost provisions from Subsec. (a) and added sentence re social security act, changed basis of rate in
Subsec. (b) to per capita cost, specified the maximum rate "per week" and deleted exceptions, changed relatives liable in
Subsec. (c) to parents of children under twenty-one and children of parents under sixty-five, repealed Subsec. (h), substituting Sec. 17-295a, and substituted commissioner of finance and control for welfare commissioner; 1969 act deleted from
exception regarding liability statement that children be only equally liable and that liability waived if child's gross income
is $15,000 or less in Subsec. (c); 1972 act changed reference to patients under 21 to refer to those under 18 in Subsec. (c),
reflecting changed age of majority; P.A. 74-243 made maximum rate charged relatives applicable after first one 120 days
of treatment and added provisions re investigation and adjustments in charge if liable person or estate cannot bear the
charge in Subsec. (b), deleted from liability in Subsec. (c) children of patient under sixty-five and deleted provisions re
investigation and adjustment to charges now in Subsec. (b) and rephrased use of measurement standard in Subsec. (e) for
clarification; P.A. 76-435 deleted Subsec. (g) which had allowed commissioner to recover balance of charges billed despite
receipt of lesser rate; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative
services; P.A. 78-302 required annual determinations of cost under Subsec. (a); P.A. 78-343 extended exception to allow
charge of maximum rate for patients committed to High Meadows from date of admission or commitment under Subsec.
(b); P.A. 79-376 substituted "workers' compensation" for "workmen's compensation" in Subsec. (e); P.A. 79-443 made
cost determination on per diem rather than per week basis and added provision re determination of costs in facilities
operated by mental health department in Subsec. (a); P.A. 80-389 increased maximum rate for legally liable relatives from
$26.95 to $53.90 per week and increased interest rate in Subsec. (f) from 6% to 12%; P.A. 84-246 eliminated mandatory
investigation upon readmission of patients, deleted requirement that investigation be made prior to rendering of bill and
provided a monetary limit on liability of legally liable relatives; P.A. 86-169 deleted provision setting maximum rate
charged to legally liable relatives of patients at High Meadows; P.A. 87-421 amended Subsec. (b) to delete a maximum
dollar amount per week which could be charged liable relatives after the first 120 days of care, amended Subsec. (c) to
remove a cap on liability based on 16 years of care and to substitute a cap determined in accordance with Sec. 4-68a and
Subsec. (b) of this section and deleted Subsec. (e) re considerations for determining ability of liable relatives to contribute
to the cost of care and relettered the remaining subsection; P.A. 88-285 amended Subsec. (d) to replace veterans' home
and hospital commission with commissioner of veterans' affairs; Sec. 17-295 transferred to Sec. 17b-223 in 1995; P.A.
95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health
and Addiction Services, effective July 1, 1995; P.A. 96-135 repealed provisions of former Subsec. (d) re review by Commissioner of Veterans Affairs of determination of financial responsibility for certain veterans admitted to state humane institutions, consolidated remaining provisions of former Subsec. (d) into Subsec. (c) and relettered former Subsec. (e) as Subsec.
(d); P.A. 97-312 amended Subsec. (b) by requiring full disclosure of monthly billing and continuing liability to the liable
person, prior to admission or at the earliest possibility thereafter.
See Sec. 17a-278 re recall of residents placed in private boarding home for examination.
See Sec. 17a-461 re charges for care in Connecticut Mental Health Center.
See Sec. 19a-257 re support of patients with chronic illness excluding tuberculosis.
Annotations to former statute:
Cited. 139 C. 472. Cited. 142 C. 329.
Cited. 14 CS 33.
Social security payments made to parent as "representative payee" for dependent child are property of child and may
be billed against for child's hospitalization. 4 Conn. Cir. Ct. 63, 66. Estate of veteran with service-connected disability
liable for maximum rate under subsection (b). Id., 75. Commissioner may make a retroactive change in patient's billing upon
discovery of new circumstances. Id., 81. Burden of proof commissioner acted illegally or so arbitrarily and unreasonably as
to abuse his discretion is on plaintiff. Id., 138. Cited. Id., 402. During confinement of social security recipient for mental
illness under order of criminal court, defendant, representative payee of recipient, must apply such funds for support of
beneficiary at institution of commitment. 5 Conn. Cir. Ct. 542.
Annotations to former section 17-295:
Cited. 152 C. 55. Cited. 183 C. 330. Cited. 192 C. 520. State not precluded by federal supremacy clause from using
legal process to compel payment of institutional support charges. 205 C. 104.
Cited. 30 CS 118. Cited. 34 CS 518.