The Office of the Attorney General William Tong
1994 Formal Opinions
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You have requested our advice regarding the interpretation of Conn. Gen. Stat. 17a-17 and regulations promulgated thereunder. These provisions require the Commissioner of Children and Families and the Commissioner of Education to jointly develop regulations to implement "a single cost accounting system" which is the system of determining payment for room, board and education to private residential treatment centers.
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In your letter of May 12, 1994, you ask about the applicability of Conn. Gen. Stat. 51-44a(j) (non-disclosure of information)1 to evidence introduced at a "hearing" conducted by the Judicial Selection Commission (JSC) as required by 51-44a(e) (procedure for reappointment of judge to same court).
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We have received an inquiry from each of you relating to persons currently serving as justice of the peace. We first answer the Secretary's question and then that raised by the Speaker. 1. In a May 24, 1994, letter from Secretary Kezer, the Secretary inquires as to the validity of legislation providing for the extension of terms of current justices of the peace in light of Judge Dorsey's ruling in ACP v. Kezer, 2:92CV00550 (PCD) prohibiting holdover-terms after June 30, 1994. We answer that the legislation extending these terms is valid. 2. In an August 1, 1994, letter from Speaker Ritter, the Speaker asks whether "it is proper to fill vacancies which now exist" in the office of justice of the peace.
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By letter dated April 27, 1994, you have asked for the opinion of this Office as to whether the Governor had the authority to bind the State to the Gaming Compact between the State of Connecticut and the Mohegan Tribe of Indians pursuant to the provisions of the Indian Gaming Regulatory Act (IGRA) Pub.L. 100-497, 25 U.S.C. 2701 or whether the Gaming Compact must also be submitted to the General Assembly for its approval.
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Prior to the merger of the Department of Health Services and the former Connecticut Alcohol and Drug Abuse Commission (CADAC), the Executive Director of CADAC, Dr. John Higgins-Biddle, requested a formal opinion from this Office regarding the impact of the federal regulations concerning confidentiality of alcohol and drug abuse patient records, 42 C.F.R. Part 2, or any other pertinent state or federal law or regulation related to patient confidentiality, on a new data system that CADAC was having designed by Andersen Consulting, Inc. After the merger of CADAC into the Department of Public Health and Addiction Services (DPHAS),1 you informed us that your Department is continuing with the development of the proposed data system, that the merger has not affected either the scope or nature of Dr. Higgins-Biddle's previous opinion request, and that you still need advice regarding the questions that he originally posed
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You have sought our advice regarding the issue of whether a hospital which has been licensed as a chronic disease hospital may be issued a second chronic disease hospital license for a discrete portion of its premises which it intends to operate as a rehabilitation unit.
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By letter dated July 6, 1994, your office made an inquiry pertaining to 15 of 1994 Conn. Pub. Act No. 94-6 of the May Special Session (hereinafter the "1994 Act"). The July 6, 1994 letter phrased the question as follows: Subsequent to your legal opinion of May 24, 1994, the General Assembly passed Public Act 94-6(15), copy enclosed, which provides for a definition of 'Free Standing Chronic Disease Hospitals' applicable retroactively to the fiscal year commencing July 1, 1993. As a result of this amendment, we respectfully request a formal opinion on the impact this revision has in relationship to the grand list year and fiscal year Free Standing Chronic Disease Hospitals payments should commence.
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This will respond to your request for advice concerning State funding for the purchase, by the Town of East Haven, of property of the Colony Beach Club. Specifically, you inquire as to whether the use of State funds for such a purchase would make the facility available for use by all Connecticut residents.
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In a letter dated July 21, 1994 you wrote to the Attorney General seeking an opinion concerning the status of the Mobil Oil Corporation pursuant to a cost reimbursement request to the Underground Storage Tank Petroleum Clean-up Fund Review Board ("Review Board").
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You have asked for our opinion as to whether section 9 of 1993 Conn.Pub. Acts No. 93-388 applies to the payments in lieu of taxes made under Conn.Gen.Stat. 12-20a for fiscal year 1993-1994 due in September of this year.
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This letter is in response to your request for our opinion as to whether a pharmacy engages in fee-splitting, in violation of Conn. Gen. Stat. 20-175(7), if physicians who own stock in the pharmacy receive certain benefits from their stock ownership.
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This is in response to your letter dated January 31, 1994, in which you request a formal opinion of the Attorney General concerning an issue relating to the jurisdiction of the tax review committee (hereinafter "the committee") under Conn. Gen. Stat. § 12-3a. Please advise me whether the tax review committee has statutory authority to consider and to waive any penalty in excess of one hundred dollars that the Commissioner of Revenue Services has determined not to waive.
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This is in response to your letter dated December 1, 1993, in which you request our opinion on whether the Department of Transportation's use of on-call consultants is contrary to the requirements of Sections 13b-20b through 13b-20l of the Connecticut General Statutes. http://www.cslib.org/attygenl/images/rainbow.gif
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In your letter of June 16, 1994, you ask whether an employee of the Connecticut Resources Recovery Authority (CRRA) may, upon election to the General Assembly, continue to hold his employment with CRRA, or be prohibited from holding the CRRA position due to the "dual job ban" set forth in either Conn. Const. Art. III,
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You have requested an opinion as to whether proposed legislation regulating hospitals' net revenues, imposing taxes related to the provision of hospital services, and appropriating funds for Medicaid disproportionate share payments to hospitals is likely to be preempted by the Employee Retirement Income Security Act of 1974 ("ERISA") because the amended statutes may "relate to" ERISA plans.