Sec. 17b-238. (Formerly Sec. 17-311). State payments to hospitals.
Sec. 17b-238. (Formerly Sec. 17-311). State payments to hospitals. (a) The
Commissioner of Social Services shall establish annually the cost of services for which
payment is to be made under the provisions of section 17b-239. All hospitals receiving
state aid shall submit their cost data under oath on forms approved by the commissioner.
The commissioner may adopt, in accordance with the provisions of chapter 54, regulations concerning the submission of data by institutions and agencies to which payments
are to be made under sections 17b-239, 17b-243, 17b-244, 17b-340, 17b-341 and section
17b-343, and the defining of policies utilized by the commissioner in establishing rates
under said sections, which data and policies are necessary for the efficient administration
of said sections. The commissioner shall provide, upon request, a statement of interpretation of the Medicaid cost-related reimbursement system regulations for long-term care
facilities reimbursed under section 17b-340 concerning allowable and unallowable costs
or expenditures. Such statement of interpretation shall not be construed to constitute a
regulation violative of chapter 54. Failure of such statement of interpretation to address
a specific unallowable cost or expenditure fact pattern shall in no way prevent the commissioner from enforcing all applicable laws and regulations.
(b) Any institution or agency to which payments are to be made under sections 17b-239 to 17b-246, inclusive, and sections 17b-340 and 17b-343 which is aggrieved by
any decision of said commissioner may, within ten days after written notice thereof
from the commissioner, obtain, by written request to the commissioner, a rehearing on
all items of aggrievement. On and after July 1, 1996, a rehearing shall be held by the
commissioner or his designee, provided a detailed written description of all such items
is filed within ninety days of written notice of the commissioner's decision. The rehearing shall be held within thirty days of the filing of the detailed written description of
each specific item of aggrievement. The commissioner shall issue a final decision within
sixty days of the close of evidence or the date on which final briefs are filed, whichever
occurs later. Any designee of the commissioner who presides over such rehearing shall
be impartial and shall not be employed within the Department of Social Services office
of certificate of need and rate setting. Any such items not resolved at such rehearing to
the satisfaction of either such institution or agency or said commissioner shall be submitted to binding arbitration to an arbitration board consisting of one member appointed by
the institution or agency, one member appointed by the commissioner and one member
appointed by the Chief Court Administrator from among the retired judges of the Superior Court, which retired judge shall be compensated for his services on such board in
the same manner as a state referee is compensated for his services under section 52-434. The proceedings of the arbitration board and any decisions rendered by such board
shall be conducted in accordance with the provisions of the Social Security Act, 49 Stat.
620 (1935), 42 USC 1396, as amended from time to time, and chapter 54.
(c) The submission of any false or misleading fiscal information or data to said
commissioner shall be grounds for suspension of payments by the state under sections
17b-239 to 17b-246, inclusive, and sections 17b-340 and 17b-343 in accordance with
regulations adopted by said commissioner. In addition, any person, including any corporation, who knowingly makes or causes to be made any false or misleading statement
or who knowingly submits false or misleading fiscal information or data on the forms
approved by the commissioner shall be guilty of a class D felony.
(d) Said commissioner, or any agent authorized by the commissioner to conduct
any inquiry, investigation or hearing under the provisions of this section, shall have
power to administer oaths and take testimony under oath relative to the matter of inquiry
or investigation. At any hearing ordered by the commissioner, the commissioner or such
agent having authority by law to issue such process may subpoena witnesses and require
the production of records, papers and documents pertinent to such inquiry. If any person
disobeys such process or, having appeared in obedience thereto, refuses to answer any
pertinent question put to him by the commissioner or his authorized agent or to produce
any records and papers pursuant thereto, the commissioner or his agent may apply to
the superior court for the judicial district of Hartford or for the judicial district wherein
the person resides or wherein the business has been conducted, or to any judge of said
court if the same is not in session, setting forth such disobedience to process or refusal
to answer, and said court or such judge shall cite such person to appear before said court
or such judge to answer such question or to produce such records and papers.
(1949, 1953, S. 1585d; 1961, P.A. 474, S. 1; February, 1965, P.A. 146; 1969, P.A. 506; 642, S. 1; 1971, P.A. 300; P.A.
73-117, S. 22, 31; P.A. 75-420, S. 4, 6; 75-562, S. 5, 8; P.A. 76-244; 76-436, S. 10a, 592, 681; P.A. 77-574, S. 3, 6; 77-593, S. 3, 4; 77-614, S. 19, 344, 587, 610; P.A. 78-264, S. 1, 4; 78-280, S. 1, 5, 127; 78-303, S. 85, 136; P.A. 79-182, S.
2, 4; P.A. 80-196, S. 1, 2; P.A. 81-249; P.A. 83-73; P.A. 86-319, S. 2; P.A. 88-156, S. 18; 88-230, S. 1, 12; 88-317, S. 74,
107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-262, S. 1, 87; P.A. 95-220, S. 4-6; 95-351, S. 24, 30.)
History: 1961 act added commissioners of finance and control and mental health, deleted requirement that commission
prescribe and provide uniform forms and provided that commission approve cost data forms; 1965 act added Subsec. (b);
1969 acts replaced hospital cost analyst with executive director of commission in Subsec. (a) and replaced appeal provisions
in Subsec. (b) with provisions for rehearing and required aggrieved hospital to file within 10 days after receiving notice
rather than within 30 days; 1971 act replaced state budget director with commissioner of finance and control in Subsec.
(a) and added commission's power to make regulations and define policies used in establishing rates; P.A. 73-117 replaced
commission with committee, removed commissioner of health as member and added chairman and vice chairman of
commission on hospitals and health care and replaced provision concerning executive director with statement that necessary
staff will be made available by commission on hospitals and health care; P.A. 75-420 replaced welfare commissioner with
commissioner of social services; P.A. 75-562 made department of health responsible for supplying necessary staff; P.A.
76-244 added Subsec. (c) re power to administer oaths, take testimony, issue subpoenas, etc.; P.A. 76-436 replaced chief
judge with chief court administrator in Subsec. (b), effective July 1, 1978; P.A. 77-574 replaced "hospital" with "institution
or agency ..." in Subsec. (b); P.A. 77-593 inserted new Subsec. (c) re submission of false or misleading fiscal information
and relettered former Subsec. (c) as Subsec. (d); P.A. 77-614 and P.A. 78-303 replaced commissioner of finance and control
with secretary of the office of policy and management as committee member but later provision replaced committee with
commissioner of income maintenance and removed reference to staff supplied by health department, effective January 1,
1979; P.A. 78-264 repealed amendments to Subsec. (a) made by P.A. 77-614; P.A. 78-280 replaced "county" with "judicial
district" and "Hartford courts", with "judicial district of Hartford-New Britain"; P.A. 79-182 added reference to Sec. 17-314a in Subsec. (a); P.A. 80-196 required that proceedings of arbitration board be conducted in accordance with Social
Security and Uniform Administrative Procedure Act; P.A. 81-249 amended Subsec. (c) to provide that any person, including
any corporation, who knowingly makes or causes to be made any false or misleading statement or who knowingly submits
false or misleading fiscal information shall be guilty of a class D felony; P.A. 83-73 amended Subsec. (a) to provide for a
statement of interpretation of the medicaid cost related reimbursement system regulations; P.A. 86-319 added references
to Sec. 17-314c; P.A. 88-156 made a technical correction in Subsec. (b); P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 amended Subsec. (b) by
substituting "chapter 54" for "the Uniform Administrative Procedure Act, sections 4-166 to 4-189", effective July 1, 1989,
and applicable to all agency proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A.
88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from
September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-262 authorized substitution of commissioner
and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec.
17-311 transferred to Sec. 17b-238 in 1995; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1,
1996, to September 1, 1998, effective July 1, 1995; P.A. 95-351 amended Subsec. (b) by adding provisions for a rehearing,
effective July 1, 1995.
See Sec. 19a-630 for applicable definitions.
Annotations to former section 17-311:
Subsec. (b):
Cited. 42 CS 348; Id., 558.
Subsec. (c):
Cited. 242 C. 345.
Annotations to present section:
Subsec. (a):
Cited. 242 C. 345.
Subsec. (c):
Cited. 242 C. 345.