1991 Formal Opinions
Page 2 of 3
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We are writing in response to your letter of February 19, 1991 in which you request our advice concerning whether certain physicians and psychologists, who serve as "medical consultants" and "psychological/psychiatric consultants'' to the Division of Rehabilitation Services and who are hired pursuant to personal services agreements, are immune from personal liability pursuant to Connecticut General Statutes § 4-165.
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This is in response to your request for advice regarding access to nursing home facilities by patient advocates and ombudsmen. You have asked the following questions: 1. Does an Ombudsman/Patient Advocate have access to a facility to visit, observe conditions and operation only in response to a specific complaint? 2. Must an Ombudsman/Patient Advocate notify the administration or staff of the reason for their presence? 3. Can a facility require that a schedule including date and time of visits be posted with the intent of limiting access? 4. May a facility announce the presence of the Ombudsman/Patient Advocate over the PA system? 5. Can the facility require that a staff person accompany the Ombudsman/Patient Advocate? 6. Can the facility refuse to send an Accident and Incident or A500 report to the Ombudsman Office?
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By letter dated February 20, 1990, your predecessor in office, Commissioner Papandrea, requested our opinion on whether the Department of Housing (DOH) is a public housing agency within the purview of the United States Housing Act of 1937.1 The request was prompted by letters from William H. Hernandez, Jr., Manager of the Hartford Office of the United States Department of Housing and Urban Development ("HUD").
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This will acknowledge your request of April 18, 1991 for a formal opinion concerning an interpretation of Section 20-334a of the Connecticut General Statues.
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As Chairman of the Bridgeport Financial Review Board ("the Board"), you requested my opinion on the legal authority of the City of Bridgeport to file for relief under Chapter 9 of the Bankruptcy code without the approval of the Board.
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In your letter of July 30, 1991, you asked our opinion on the following issue: In those situations where a registered nurse has determined and pronounced the death of a patient pursuant to Connecticut General Statutes, § 20-101a, do the statutes require a licensed physician to view and examine the body when preparing the medical certification potion of the death certificate?
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By letter dated November 27, 1990 you have asked two questions raised as a result of a request of a member of the State Teachers' Retirement System who has not received any retirement benefit payments since his retirement in 1986. The first question concerns whether retirement benefits can be paid to the member retroactively to 1986 pursuant to a payment plan which he selected in June, 1990, which differs from a payment plan which he previously had on file with the Board in 1986. The second question is whether the Board may pay interest at a reasonable rate from the time each payment was due until the date payment is made.
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We are in receipt of a letter dated June 6, 1990 from your department, wherein you request our opinion on an issue concerning Conn. Gen. Stat. §54-132 et. seq., the Interstate Compact for Parole and Probation Supervision. Specifically you question "whether or not it is necessary to obtain a warrant from a Connecticut court, in addition to that of the sending state, in order to take custody of and confine an out-of-state probationer in a Connecticut correctional facility until he/she can be returned to the sending state."
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You have requested an opinion of the Attorney General regarding an inquiry from Wesleyan University Office of Public Safety.
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You have each asked independently for our opinion on a series of questions regarding the transmission of budgetary and financial information from the Office of Policy and Management (hereinafter referred to as "OPM") to the office of the Comptroller under Conn. Gen. Stat. §§ 3-112 and 3-115.
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In 1961, the Attorney General's Office issued an opinion to the State Employees' Retirement Commission concerning the interaction between 1961 Conn. Pub. Acts No. 295 and federal Social Security reporting requirements. The opinion concluded that the State must report, for FICA (Federal Insurance Contributions Act) purposes, all fees and salaries, from all sources, paid to sheriffs and chief deputy sheriffs. Former State Comptroller J. Edward Caldwell requested us, by letter dated December 18, 1990, to re-evaluate our 1961 opinion in light of current Social Security laws
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The issue in this request for opinion is whether the Connecticut General Assembly can, by repealing the authorization for charitable Las Vegas Nights in Conn. Gen. Stat. § 7-186a et seq., eliminate the right of the Mashantucket Pequot Tribe (Tribe) to conduct a casino on its reservation in Ledyard.
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Through you the Bridgeport Financial Review Board (hereinafter the "Board") has asked for our opinion regarding the procedure for setting the property tax rate in the city of Bridgeport (hereinafter the "city"). Specifically, you have inquired whether the City tax rate can be reset after the Board has taken action on the City's proposed annual budget which was predicated on a particular tax rate set by the City's Common Council under the provisions set for the in the City charter.
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This is in response to your request for opinion wherein you raise the following issues: In response to a recommendation contained in the most recent report of the Auditors of Public Accounts on the University of Connecticut Health Center, we are examining available options relative to the Health Center's Academic Enhancement Fund.
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This is in response to your letter of April 11, 1991 in which you relate that the State Teachers' Retirement Board has requested our advice on the eligibility of a member of the Teachers' Retirement System to purchase additional service credits toward retirement for time while under disciplinary suspension.