The Office of the Attorney General William Tong
Formal Opinions
Page 42 of 42
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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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In your letter of March 16, 1993, you requested our opinion regarding the ability of the Department of Mental Health to obtain information on individuals who are receiving services from grantee agencies of the Department of Mental Health (DMH). Specifically, DMH seeks to require these grantee agencies to supply information regarding patients which is subject to the statutory psychiatric privilege set forth in Conn.Gen.Stat. § 52-146d et seq. Disclosure of patient information to DMH without prior patient consent would be a condition of reimbursement or funding of the grantee agency.
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This is in response to your letter dated April 20, 1993, in which you request a formal opinion of the Attorney General concerning an issue arising under 1992 Conn. Pub. Acts No. 92-184 (hereinafter referred to as "the Act"). You state as follows: The issue involves the room occupancy tax, a portion of which funded the visitors and convention districts and coliseum authorities under Conn. Gen. Stat. §§ 7-136a to 7-136c, inclusive (repealed by e 18 of the Act), and will now fund tourism districts and coliseum authorities under § 15 of the Act.
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Audrey Rowe, Department of Social Services, 1993-032 Formal Opinion, Attorney General of Connecticut
This is in response to your request for a formal opinion as to whether Connecticut's child support-related wage withholding legislation is in compliance with certain federal statutory and regulatory mandates.
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Conn.Gen.Stat. § 4b-3 establishes the state properties review board and provides criteria for membership. That statute provides, inter alia, that "[n]o person shall serve on this board who holds another state or municipal governmental position...." Conn.Gen.Stat. § 4b-3(b). By letter dated March 23, 1993 you have asked two questions concerning the above quoted portion of Conn.Gen.Stat. § 4b-3(b). 1. You initially ask whether "there is a definition of 'state or municipal government position' which applies to [§ 4b-3(b) ]?" 2. Your second question is whether an individual who serves without compensation on a municipal board is ineligible for membership on the state properties review board.
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By letter dated January 11, 1993 you ask one question regarding the effect of Art. III, § 18(a), the balanced budget amendment, on deficiency legislation authorized by Conn.Gen.Stat. § 2-36. You also ask four questions on the relationship between the statutory and constitutional spending caps set forth in Public Act 91-3, § 30 and Article III, § 18.
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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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In your letter dated August 31, 2000, you asked whether the state can recover interest from the United States Postal Service as a result of the late delivery of certified mail containing tax returns and $140 million in tax payments. In analyzing this issue, it must be noted that any action against the United States Postal Service is, in fact, an action against the United States.