Sec. 17b-242. (Formerly Sec. 17-313). Payments to home health care agencies
and homemaker-home health aide agencies. Appeals. Hearings. Regulations. (a)
The Department of Social Services shall determine the rates to be paid to home health
care agencies and homemaker-home health aide agencies by the state or any town in
the state for persons aided or cared for by the state or any such town. For the period
from February 1, 1991, to January 31, 1992, inclusive, payment for each service to the
state shall be based upon the rate for such service as determined by the Office of Health
Care Access, except that for those providers whose Medicaid rates for the year ending
January 31, 1991, exceed the median rate, no increase shall be allowed. For those providers whose rates for the year ending January 31, 1991, are below the median rate, increases
shall not exceed the lower of the prior rate increased by the most recent annual increase
in the consumer price index for urban consumers or the median rate. In no case shall
any such rate exceed the eightieth percentile of rates in effect January 31, 1991, nor
shall any rate exceed the charge to the general public for similar services. Rates effective
February 1, 1992, shall be based upon rates as determined by the Office of Health Care
Access, except that increases shall not exceed the prior year's rate increased by the
most recent annual increase in the consumer price index for urban consumers and rates
effective February 1, 1992, shall remain in effect through June 30, 1993. Rates effective
July 1, 1993, shall be based upon rates as determined by the Office of Health Care
Access except if the Medicaid rates for any service for the period ending June 30, 1993,
exceed the median rate for such service, the increase effective July 1, 1993, shall not
exceed one per cent. If the Medicaid rate for any service for the period ending June 30,
1993, is below the median rate, the increase effective July 1, 1993, shall not exceed the
lower of the prior rate increased by one and one-half times the most recent annual increase in the consumer price index for urban consumers or the median rate plus one per
cent. The Commissioner of Social Services shall establish a fee schedule for home health
services to be effective on and after July 1, 1994. The commissioner may annually
increase any fee in the fee schedule based on an increase in the cost of services. The
commissioner shall increase the fee schedule for home health services provided under
the Connecticut home-care program for the elderly established under section 17b-342,
effective July 1, 2000, by two per cent over the fee schedule for home health services
for the previous year. The commissioner may increase any fee payable to a home health
care agency or homemaker-home health aide agency upon the application of such an
agency evidencing extraordinary costs related to (1) serving persons with AIDS; (2)
high-risk maternal and child health care; (3) escort services; or (4) extended hour services. In no case shall any rate or fee exceed the charge to the general public for similar
services. A home health care agency or homemaker-home health aide agency which,
due to any material change in circumstances, is aggrieved by a rate determined pursuant
to this subsection may, within ten days of receipt of written notice of such rate from the
Commissioner of Social Services, request in writing a hearing on all items of aggrievement. The commissioner shall, upon the receipt of all documentation necessary
to evaluate the request, determine whether there has been such a change in circumstances
and shall conduct a hearing if appropriate. The Commissioner of Social Services shall
adopt regulations, in accordance with chapter 54, to implement the provisions of this
subsection. The commissioner may implement policies and procedures to carry out the
provisions of this subsection while in the process of adopting regulations, provided
notice of intent to adopt the regulations is published in the Connecticut Law Journal
within twenty days of implementing the policies and procedures. Such policies and
procedures shall be valid for not longer than nine months.
(b) The Department of Social Services shall monitor the rates charged by home
health care agencies and homemaker-home health aide agencies. Such agencies shall
file annual cost reports and service charge information with the department.
(c) The home health services fee schedule shall include a fee for the administration
of medication, which shall apply when the purpose of a nurse's visit is limited to the
administration of medication. Administration of medication may include, but is not
limited to, blood pressure checks, glucometer readings, pulse rate checks and similar
indicators of health status. The fee for medication administration shall include administration of medications while the nurse is present, the pre-pouring of additional doses
that the client will self-administer at a later time and the teaching of self-administration.
The department shall not pay for medication administration in addition to any other
nursing service at the same visit. The department may establish prior authorization
requirements for this service. Before implementing such change, the Commissioner of
Social Services shall consult with the chairpersons of the joint standing committees of
the General Assembly having cognizance of matters relating to public health and human
services.
(d) The home health services fee schedule established pursuant to subsection (c) of
this section shall include rates for psychiatric nurse visits.
(1957, P.A. 539; P.A. 73-117, S. 24, 31; P.A. 78-264, S. 2, 4; P.A. 91-406, S. 5, 29; June Sp. Sess. P.A. 91-8, S. 20,
63; May Sp. Sess. P.A. 92-16, S. 26, 89; P.A. 93-262, S. 1, 20, 87; 93-418, S. 24, 41; 93-435, S. 59, 95; May Sp. Sess.
P.A. 94-5, S. 22, 30; P.A. 95-257, S. 39, 58; 95-351, S. 14, 30; P.A. 96-268, S. 5, 34; P.A. 99-130; June Sp. Sess. P.A. 00-2, S. 16, 53; P.A. 02-101, S. 13; P.A. 03-2, S. 8; June 30 Sp. Sess. P.A. 03-6, S. 197.)
History: P.A. 73-117 replaced hospital cost commission with committee established under Sec. 17-311; P.A. 78-264
replaced public health nursing agencies with home health care and homemaker-home health aide agencies and replaced
previous rate provisions with statement that rate to be determined by commission on hospitals and health care; P.A. 91-406 corrected an internal reference; June Sp. Sess. P.A. 91-8 amended the section by replacing "state" with the specific
departments, by specifying the rates paid by the state to home health care agencies and homemaker-home health aide
agencies and by adding provisions re the appeal of a rate determination; May Sp. Sess. P.A. 92-16 provided that rates in
effect on February 1, 1992, shall remain in effect through June 30, 1993; P.A. 93-262 removed the references to departments
of income maintenance, human resources and aging and provided that the department of social services shall determine
rates to be charged home health care agencies and homemaker-home health aide agencies, made technical changes and
added provisions requiring commissioner to adopt regulations, effective July 1, 1993; P.A. 93-418 added provisions regarding rates effective July 1, 1993, which are determined by the commission on hospitals and health care and authorizing
income maintenance commissioner to establish fee schedule on and after July 1, 1994, effective July 1, 1993; P.A. 93-435
authorized the Revisors to substitute social services commissioner for income maintenance commissioner in P.A. 93-418,
effective June 28, 1993; May Sp. Sess. P.A. 94-5 allowed the fee schedule to be phased in over a two-year period and
allowed the commissioner to increase any fee payable to a home health care agency or homemaker-home health aide
agency if there are extraordinary costs, effective July 1, 1994; Sec. 17-313 transferred to Sec. 17b-242 in 1995; P.A. 95-257 replaced Commission on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995; P.A.
95-351 added Subdiv. (4) allowing the commissioner to increase any fee payable for extraordinary costs relating to extended
hour services, effective July 1, 1995 (Revisor's note: In the first sentence the phrase "rates to be charged by home health
care agencies and the rates to be paid" was changed editorially by the Revisors to read "rates to be charged by home health
care agencies and homemaker-home health aide agencies and the rates to be paid" to correct a clerical error in the preparation
of the 1995 General Statutes); P.A. 96-268 added reference to homemaker-home health aide agencies, effective July 1,
1996; P.A. 99-130 designated existing language as Subsec. (a), eliminating the responsibility of the department to determine
rates to be charged by home health care agencies and homemaker-home health aide agencies and added Subsec. (b) requiring
the department to monitor the rates charged by such agencies, requiring such agencies to file annual cost reports and service
charge information with the department, and made technical changes; June Sp. Sess. P.A. 00-2 amended Subsec. (a) by
deleting provision re phasing in the fee schedule over a two-year period and inserting provision requiring the commissioner
to increase by two per cent the fee schedule for home health care services provided under the Connecticut home-care
program for the elderly, effective July 1, 2000; P.A. 02-101 amended Subsec. (a) to make a technical change, effective
July 1, 2002; P.A. 03-2 added Subsec. (c) re establishment of home health services fee schedule applicable when purpose
of nurse's visit is limited to administration of medication, effective February 28, 2003; June 30 Sp. Sess. P.A. 03-6 added
Subsec. (d) re rates for psychiatric nurse visits, effective August 20, 2003.
Sec. 17b-243. (Formerly Sec. 17-313a). Payments to rehabilitation centers. (a)
The rate to be paid by the state to rehabilitation centers, including but not limited to,
centers affiliated with the Easter Seal Society of Connecticut, Inc., for services to patients
referred by any state agency, except employment opportunities and day services, as
defined in section 17a-246, shall be determined annually by the Commissioner of Social
Services who shall prescribe uniform forms on which such rehabilitation centers shall
report their costs, except that rates effective April 30, 1989, shall remain in effect through
May 31, 1990, and rates in effect February 1, 1991, shall remain in effect through December 31, 1992, except those which would be decreased effective January 1, 1992, shall
be decreased. For the rate years beginning January 1, 1993, through December 31, 1995,
any rate increase shall not exceed the most recent annual increase in the consumer price
index for urban consumers. Such rates shall be determined on the basis of a reasonable
payment for necessary services rendered. Nothing contained herein shall authorize a
payment by the state to any such rehabilitation center in excess of the charges made by
such center for comparable services to the general public. The Commissioner of Social
Services shall establish a fee schedule for rehabilitation services to be effective on and
after January 1, 1996. The fee schedule may be adjusted annually beginning July 1,
1997, to reflect necessary increases in the cost of services.
(b) The amount to be paid by the state to rehabilitation centers including but not
limited to centers affiliated with the Easter Seal Society of Connecticut, Inc., for employment opportunities and day services to patients referred by any state agency shall be
determined annually using a uniform payment system in accordance with the provisions
of subsection (a) of section 17a-246.
(1969, P.A. 346, S. 1; P.A. 73-117, S. 25, 31; P.A. 79-560, S. 27, 39; P.A. 80-483, S. 174, 186; P.A. 89-325, S. 13, 26;
June Sp. Sess. P.A. 91-8, S. 14, 63; May Sp. Sess. P.A. 92-16, S. 27, 89; P.A. 93-262, S. 1, 87; 93-418, S. 25, 41; P.A. 95-160, S. 66, 69; P.A. 96-139, S. 12, 13.)
History: P.A. 73-117 replaced hospital cost commission with committee established under Sec. 17-311; P.A. 79-560
replaced the committee with commissioner of income maintenance; P.A. 80-483 deleted "for Crippled Children and Adults"
in Easter Seal Society name; P.A. 89-325 amended Subsec. (a) to exclude centers that provide employment opportunities
and day services from the rate setting in this section, it also allows rates effective April 30, 1989, to remain in effect through
May 31, 1990, and added a new Subsec. (b) re rates for centers providing employment opportunities and day services;
June Sp. Sess. P.A. 91-8 amended Subsec. (a) re rates paid by the state for rehabilitation centers; May Sp. Sess. P.A. 92-16 amended Subsec. (a) by providing that for the rate year beginning January 1, 1993, any rate increase shall not exceed
the most recent annual increase in the consumer price index for urban consumers. P.A. 93-262 authorized substitution of
commissioner and department of social services for commissioner and department of income maintenance, effective July
1, 1993; P.A. 93-418 amended Subsec. (a) concerning rate increases and the consumer price index to specify applicability
for any succeeding rate year after January 1, 1993, effective July 1, 1993; Sec. 17-313a transferred to Sec. 17b-243 in
1995; P.A. 95-160 amended Subsec. (a) by replacing "any succeeding year" with "December 31, 1995" for the period of
time after January 1, 1993, which shall not have a rate increase exceeding the most recent annual increase in the consumer
price index for urban consumers and by adding a provision requiring the commissioner to establish a fee schedule for
rehabilitation services to be effective on and after January 1, 1996, effective June 1, 1995; P.A. 96-139 changed effective
date of P.A. 95-160 but without affecting this section.
Sec. 17b-244. (Formerly Sec. 17-313b). Payments to private facilities providing functional or vocational services for severely handicapped persons and payments for residential care. Establishment of rate. Regulations. (a) The room and
board component of the rates to be paid by the state to private facilities and facilities
operated by regional education service centers which are licensed to provide residential
care pursuant to section 17a-227, but not certified to participate in the Title XIX Medicaid program as intermediate care facilities for persons with mental retardation, shall be
determined annually by the Commissioner of Social Services, except that rates effective
April 30, 1989, shall remain in effect through October 31, 1989. Any facility with real
property other than land placed in service prior to July 1, 1991, shall, for the fiscal year
ending June 30, 1995, receive a rate of return on real property equal to the average of
the rates of return applied to real property other than land placed in service for the five
years preceding July 1, 1993. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the rate of return on real property for property items shall be revised
every five years. The commissioner shall, upon submission of a request by such facility,
allow actual debt service, comprised of principal and interest, on the loan or loans in lieu
of property costs allowed pursuant to section 17-313b-5 of the regulations of Connecticut
state agencies, whether actual debt service is higher or lower than such allowed property
costs, provided such debt service terms and amounts are reasonable in relation to the
useful life and the base value of the property. In the case of facilities financed through
the Connecticut Housing Finance Authority, the commissioner shall allow actual debt
service, comprised of principal, interest and a reasonable repair and replacement reserve
on the loan or loans in lieu of property costs allowed pursuant to section 17-313b-5 of
the regulations of Connecticut state agencies, whether actual debt service is higher or
lower than such allowed property costs, provided such debt service terms and amounts
are determined by the commissioner at the time the loan is entered into to be reasonable
in relation to the useful life and base value of the property. The commissioner may allow
fees associated with mortgage refinancing provided such refinancing will result in state
reimbursement savings, after comparing costs over the terms of the existing proposed
loans. For the fiscal year ending June 30, 1992, the inflation factor used to determine
rates shall be one-half of the gross national product percentage increase for the period
between the midpoint of the cost year through the midpoint of the rate year. For fiscal
year ending June 30, 1993, the inflation factor used to determine rates shall be two-thirds of the gross national product percentage increase from the midpoint of the cost
year to the midpoint of the rate year. For the fiscal years ending June 30, 1996, and June
30, 1997, no inflation factor shall be applied in determining rates. The Commissioner
of Social Services shall prescribe uniform forms on which such facilities shall report
their costs. Such rates shall be determined on the basis of a reasonable payment for
necessary services. Any increase in grants, gifts, fund-raising or endowment income
used for the payment of operating costs by a private facility in the fiscal year ending
June 30, 1992, shall be excluded by the commissioner from the income of the facility
in determining the rates to be paid to the facility for the fiscal year ending June 30, 1993,
provided any operating costs funded by such increase shall not obligate the state to
increase expenditures in subsequent fiscal years. Nothing contained in this section shall
authorize a payment by the state to any such facility in excess of the charges made by
the facility for comparable services to the general public. The service component of the
rates to be paid by the state to private facilities and facilities operated by regional education service centers which are licensed to provide residential care pursuant to section
17a-227, but not certified to participate in the Title XIX Medicaid programs as intermediate care facilities for persons with mental retardation, shall be determined annually by
the Commissioner of Mental Retardation.
(b) The Commissioner of Social Services and the Commissioner of Mental Retardation shall adopt regulations in accordance with the provisions of chapter 54 to implement
the provisions of this section.
(1971, P.A. 560, S. 1; P.A. 73-117, S. 26, 31; P.A. 79-227; 79-560, S. 28, 39; June Sp. Sess. P.A. 83-39, S. 1, 2, 18;
P.A. 84-546, S. 54, 173; P.A. 88-71; P.A. 89-325, S. 14, 26; June Sp. Sess. P.A. 91-8, S. 15, 63; June Sp. Sess. P.A. 91-11, S. 11, 25; May Sp. Sess. P.A. 92-16, S. 28, 89; P.A. 93-262, S. 1, 87; May Sp. Sess. P.A. 94-5, S. 11, 30; P.A. 95-160,
S. 65, 69; P.A. 96-139, S. 12, 13; 96-188, S. 1, 2; June 30 Sp. Sess. P.A. 03-3, S. 81.)
History: P.A. 73-117 replaced hospital cost commission with committee established under Sec. 17-311; P.A. 79-227
replaced committee with commissioner of income maintenance, included payments to community residences and changed
Association for Retarded Children to Association for Retarded Citizens; P.A. 79-560 deleted reference to Sec. 17-311;
June Sp. Sess. P.A. 83-39 provided for payment to private nonprofit facilities providing functional and vocational services
for severely handicapped persons and to private facilities operated by regional education service centers providing residential care and added Subsec. (b) re establishment of separate rate (Revisor's note: Subsec. (c) was added editorially by the
Revisors); P.A. 84-546 confirmed Revisors' action in editorially adding Subsec. (c) re adoption of regulations; P.A. 88-71 substantially rewrote section to empower commissioner of mental retardation to establish service component of rates
where previously commissioner of income maintenance had set all rates and commissioner of mental retardation had
performed a consultative role; P.A. 89-325 allowed rates in effect April 30, 1989, to remain in effect through October 31,
1989, and also deleted language re rates to be paid to private nonprofit facilities in Subsec. (a); June Sp. Sess. P.A. 91-8
amended Subsec. (a) re rates paid by the state to private facilities providing functional or vocational services for severely
handicapped persons and clients of residential care facilities; June Sp. Sess. P.A. 91-11 amended Subsec. (a) to prohibit
the department of income maintenance from considering any grants, gifts, fund-raising or endowment income used during
the preceding year for payment of operating costs by a private facility in determining the facility's rates for fiscal year
1992-93; May Sp. Sess. P.A. 92-16 amended Subsec. (a) by providing that for the fiscal year ending June 30, 1993, the
inflation factor used to determine rates shall be two-thirds of the gross national product percentage increase from the
midpoint of the cost year to the midpoint of the rate year (Revisor's note: In Subsec. (a) in the sentence beginning "For
the fiscal year ending June 30, 1992," the words "period between the" were inserted before the word "midpoint" and the
words "cost year through the midpoint of the" were inserted before the words "rate year" editorially by the Revisors
to reinstate existing language omitted through clerical error); P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department of income maintenance, effective July 1, 1993; May Sp.
Sess. P.A. 94-5 amended Subsec. (a) to establish a formula for rates of return for real property for facilities with real
property other than land placed in service prior to July 1, 1991, effective July 1, 1994; Sec. 17-313b transferred to Sec.
17b-244 in 1995; P.A. 95-160 amended Subsec. (a) by adding a provision that for fiscal years ending June 30, 1996, and
June 30, 1997, no inflation factor shall be applied in determining rates, effective June 1, 1995; P.A. 96-139 changed
effective date of P.A. 95-160 but without affecting this section; P.A. 96-188 provided that the commissioner shall allow,
upon request of a facility, actual debt service whether higher or lower than allowed property costs, provided that, in the
case of facilities financed through the Connecticut Housing Finance Authority, the commissioner shall allow actual debt
service whether higher or lower than allowed property costs, provided such debt service terms and amounts are determined
by the commissioner at the time the loan is entered into to be reasonable in relation to the useful life and base value of the
property and made a technical change, effective May 31, 1996; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (a) to add
provision re allowance of fees associated with mortgage refinancing provided such refinancing results in state reimbursement savings, effective August 20, 2003.
Sec. 17b-245. (Formerly Sec. 17-313c). Payments to day care and vocational
training programs sponsored by certain associations. (a) The rates to be paid by the
state to the day care and vocational training programs sponsored by the associations
affiliated with United Cerebral Palsy of Connecticut, Inc., Epilepsy Foundation of
America, Inc., Goodwill Industries of America, Inc. and to any private, nonprofit agency
providing such programs for autistic or neurologically impaired persons, for services
to clients referred by any state agency, except employment opportunities and day services, as defined in section 17a-246, shall be determined annually by the Commissioner
of Social Services who shall prescribe uniform forms on which such day care and vocational training programs shall report their costs, except that rates effective April 30,
1989, shall remain in effect through May 31, 1990. Such rates shall be determined on
the basis of a reasonable payment for necessary services rendered. Nothing contained
herein shall authorize a payment by the state to any such day care or vocational training
program in excess of the charges made by such programs for comparable services to
the general public.
(b) The amount to be paid by the state to the day care and vocational training programs sponsored by the associations affiliated with United Cerebral Palsy of Connecticut, Inc., Epilepsy Foundation of America, Inc., Goodwill Industries of America, Inc.
and to any private, nonprofit agency providing such programs for autistic or neurologically impaired or severely handicapped persons, for employment opportunities and day
services to clients referred by any state agency shall be determined annually using a
uniform payment system in accordance with the provisions of subsection (a) of section
17a-246.
(P.A. 77-371; P.A. 79-560, S. 29, 39; P.A. 89-325, S. 15, 26; P.A. 93-262, S. 1, 87.)
History: P.A. 79-560 replaced committee established under Sec. 17-311 with commissioner of income maintenance;
P.A. 89-325 added reference to employment opportunities and day services in Sec. 19a-483d and allowed rates effective
April 30, 1989, to remain in effect through May 31, 1990, in Subsec. (a) and added a new Subsec. (b) re rates to day care
and vocational training programs; 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. 17-313c transferred to Sec. 17b-245 in 1995.
Sec. 17b-245a. Payments to federally qualified health centers. On and after
April 1, 1996, in the determination of rates for federally qualified health centers, the
Commissioner of Social Services shall apply Medicare productivity standards and a
maximum allowable per visit cost of one hundred fifteen per cent of the median cost
per visit.
(P.A. 95-160, S. 67, 69; P.A. 96-139, S. 12, 13.)
History: P.A. 95-160, S. 67 effective June 1, 1995; P.A. 96-139 changed effective date of P.A. 95-160 but without
affecting this section.
Sec. 17b-245b. Federally qualified health centers. Reimbursement methodology in the Medicaid program. The Commissioner of Social Services shall, consistent
with federal law, make changes to the cost-based reimbursement methodology in the
Medicaid program for federally qualified health centers. On or before March 1, 2004,
the commissioner shall report to the joint standing committees of the General Assembly
having cognizance of matters relating to appropriations and the budgets of state agencies
and human services on the status of the changes to the cost-based reimbursement methodology.
(June 30 Sp. Sess. P.A. 03-3, S. 85.)
History: June 30 Sp. Sess. P.A. 03-3 effective August 20, 2003.
Sec. 17b-246. (Formerly Sec. 17-313d). Rates to include reimbursement for
reasonable costs mandated by collective bargaining agreements. For purposes of
establishing rates to be paid by the state (1) to private facilities which provide functional,
vocational services or residential services for severely handicapped persons pursuant to
section 17b-244, and (2) to associations which provide day care and vocational training
programs pursuant to section 17b-245, the state shall include reimbursement for reasonable costs, within available appropriations, mandated by collective bargaining
agreements with certified collective bargaining agents or other agreements between any
such facility or association and its employees.
(P.A. 87-497, S. 1, 3.)
History: Sec. 17-313d transferred to Sec. 17b-246 in 1995.
Sec. 17b-247. (Formerly Sec. 17-314l). Contracts for stock and standard durable medical equipment. Payment of laboratory services. The Commissioner of Social
Services shall, where feasible and cost effective, enter into contracts with suppliers of
stock and standard durable medical equipment, medical surgical supplies, oxygen and
laboratory services for such services provided to recipients of medical assistance excluding those services provided by hospitals or routinely provided by nursing homes as part
of their rate. In the case of laboratory services billed through a hospital outpatient clinic,
payment shall be made at the lower of the provider's charges to the general public or
the contracted rate. Except for hospital based laboratory work and those laboratory tests
specifically exempted by the commissioner, no payment shall be made for laboratory
services except under contract, where feasible. Except for those facilities specifically
exempted by the commissioner, all oxygen services for residents of nursing facilities
and chronic disease hospitals shall be supplied through such a contract.
(June Sp. Sess. P.A. 91-8, S. 11, 63; P.A. 93-262, S. 1, 87.)
History: 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. 17-314l transferred to Sec. 17b-247 in 1995.
Sec. 17b-248. (Formerly Sec. 17-316). Liability of home or institution having
life care contract. No home or institution having a life care contract with any person
therein shall be liable for the support of such person in a state humane institution if such
home or institution is financially unable to continue performance of the life care contract,
as set forth in section 17b-602, provided such home or institution shall be liable to the
extent of its ability as determined by the Commissioner of Social Services under the
provisions of said section.
(1957, P.A. 184; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 93-262, S. 1, 87.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; 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. 17-316 transferred to Sec. 17b-248 in 1995.
Sec. 17b-249. (Formerly Sec. 17-317). Support of mentally ill persons accused
of crime. When any person, charged with any offense punishable by fine or imprisonment or both, has been found not guilty because of mental illness and, by reason of
such mental illness, has been committed for confinement or treatment to any institution
supported in whole or in part by the state, the expense for the support and treatment of
such person while so committed shall be charged to the state.
(1949 Rev., S. 2664; 1953, S. 1501d; March, 1958, P.A. 27, S. 6; P.A. 85-506, S. 27, 32.)
History: P.A. 85-506 required that support and treatment expenses be charged to state rather than "computed and paid
for in the same manner as is provided in this chapter for patients committed by courts of probate"; Sec. 17-317 transferred
to Sec. 17b-249 in 1995.
Annotations to former section 17-317:
Held in violation of equal protection provisions of federal and state constitutions. 192 C. 520-522, 525, 526, 530-532.
Held unconstitutional. Id., 532, 534. Cited. 225 C. 528, 541, 542. Cited. 230 C. 400, 417.
Does not pertain if accused never stood trial. 14 CS 33.
Sec. 17b-250. (Formerly Sec. 17-318). Payment of hospital expense of inmate
transferred from correctional institution. When any person has been transferred from
the Connecticut Correctional Institution, Somers, the Connecticut Correctional Institution, Niantic, or its maximum security division, the John R. Manson Youth Institution,
Cheshire, or a community correctional center to a state hospital, such person's hospital
expense prior to the termination of his sentence shall be charged to the state. If any
person, transferred from a correctional institution or community correction center is
committed to or otherwise remains in a state hospital after the expiration of his sentence,
such person's hospital expense shall be paid to the state in the manner provided for
payment in sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-256, 17b-263,
17b-340 to 17b-350, inclusive, 17b-689b and 17b-743 to 17b-747, inclusive.
(1949 Rev., S. 2670; 1953, S. 1504d; 1959, P.A. 165; 1969, P.A. 297; P.A. 75-416, S. 1, 3; P.A. 86-186, S. 7; June 30
Sp. Sess. P.A. 03-3, S. 97; P.A. 04-76, S. 52.)
History: 1959 act deleted requirement for payment to state of other necessary costs of commitment when person is
committed to state hospital after expiration of his sentence; 1969 act substituted "community correctional center" for "jail";
P.A. 75-416 provided that state bear cost when person transferred to state hospital from community correctional centers,
previously person's estate bore cost if there was an estate; P.A. 86-186 changed the name of the Connecticut Correctional
Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; Sec. 17-318 transferred to Sec. 17b-250 in 1995;
(Revisor's note: In 1999 the references to "17b-115 to 17b-138" and "17b-689 to 17b-693, inclusive," were changed
editorially by the Revisors to "17b-116 to 17b-138" and "17b-689, 17b-689b", respectively, to reflect the repeal of certain
sections by section 164 of June 18 Sp. Sess. P.A. 97-2); June 30 Sp. Sess. P.A. 03-3, in repealing Secs. 17b-19, 17b-62 to
17b-65, inclusive, 17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and 17b-287, authorized deletion of internal references to said sections in this section, effective March 1, 2004; P.A.
04-76 deleted references to Secs. 17b-118b and 17b-221 that were repealed by the same act.
Annotations to former section 17-318:
Cited. 192 C. 520, 524-526, 530-532. Cited. 230 C. 400, 417.
Cited. 30 CS 118.