The Office of the Attorney General William Tong
Formal Opinions
Page 10 of 42
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You have asked for an opinion whether non-profit employers’ mutual insurance associations under Conn. Gen. Stat. §§ 31-328 to 31-339 (“Mutual Association Statutes”) are “insurance companies” within the meaning of Conn. Gen. Stat. §12-201(4) and are therefore subject to the Connecticut insurance premium tax, Conn. Gen. Stat. §§12-201 to 12-212a (“Connecticut Premium Tax”).
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You have asked for our opinion on whether the provisions of Conn. Gen. Stat. § 38a -816(15) apply to out-of-state health care providers who provide health care to Connecticut residents
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I write to advise you that you can and should release all information concerning provider rate reimbursement. You have the authority to disclose such provider rate reimbursement information that has been produced to you by Medicaid Managed Care Organizations (“MCOs”). You should reject assertions by the MCOs that the information must be kept confidential under the Freedom of Information Act (“FOIA”) and the terms of their contracts with the Department of Social Services (“DSS”).
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In my opinion, there is no legal distinction between a PSA and a POS, even though the Office of Policy and Management (“OPM”) may choose to establish certain administrative procedures treating these types of agreements differently; they are both valid vehicles for entering into binding State contracts.
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Inquiry whether a member of the State Teachers' Retirement Board, who was elected as an active teacher retires midterm.
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You have asked whether alternative sanctions contractors have authority to access medical and psychiatric records held by a juvenile detention center for juvenile delinquents assigned to the contractor's program without violating the confidentiality requirements contained in Chapters 899 and 368X of the Connecticut General Statutes.
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You have asked the advice of the Office of the Attorney General as to "whether Connecticut General Statute 17a-543 includes the Connecticut Department of Correction and/or whether Connecticut General Statute 17a-540(a) definition of 'facility' includes the Connecticut Department of Correction."
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You ask whether payment of reimbursement expenses incurred by state employees is subject to wage garnishment under Conn. Gen. Stat.
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You have asked us whether the Comptroller has authority to remit funds, which have been offset from amounts payable to state vendors who have defaulted on their federal student loans, to the Connecticut Student Loan Foundation (CSLF).
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You have asked for an advisory opinion concerning the appointment of members to the Connecticut Employment and Training Commission ("CETC"). The CETC has been designated Connecticut's state workforce investment board (board) pursuant to Conn. Gen. Stat. § 31-3h(b)(5), which implements the federal Workforce Investment Act of 1998, P.L. 105-200 ("WIA") Sec. 111(b)(1)(C). You have asked whether restrictions on appointments to the board contained in § 31-3i(b) conflict with appointment provisions of WIA, and if so, whether the state statutory provisions are preempted by the federal law.
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Your Department has asked for advice on whether employees of the Department of Revenue Services (DRS) who volunteer to serve on the DRS Emergency Response Team (ERT) would be liable for civil damages
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This letter responds to your request for a formal legal opinion concerning the constitutionality and interpretation of Conn. Gen. Stat. § 3-124. Section 3-124 sets forth the qualifications for the Office of Attorney General