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Connecticut Public Acts 1996

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Senate Bill No. 25

PUBLIC ACT NO. 96-4

AN ACT CONCERNING MENTAL HEALTH FAIR HEARING PROCEDURES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (t) of section 17a-451 of the general statutes, as amended by sections 11 and 14 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(t) The commissioner shall adopt regulations to establish a fair hearing process which provides the right to appeal final determinations of the MENTAL HEALTH DIVISION OF THE Department of Mental Health and Addiction Services or of SAID DIVISION'S grantee agencies as determined by the commissioner regarding: The nature of denial, involuntary reduction or termination of services. Such hearings shall be conducted in accordance with the provisions of chapter 54, after a person has exhausted the department's established grievance procedure. Any matter which falls within the jurisdiction of the Psychiatric Security Review Board under sections 17a-580 to 17a-603, inclusive, shall not be subject to the provisions of this section. Any person receiving services from a Department of Mental Health and Addiction Services facility or a grantee agency determined by the commissioner to be subject to this subsection and who is aggrieved by a violation of sections 17a-540 to 17a-549, inclusive, may elect to either use the procedure specified in this subsection or file for remedies under section 17a-550.

Sec. 2. This act shall take effect from its passage.

Approved April 22, 1996. Effective April 22, 1996.

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