The Office of the Attorney General William Tong
Formal Opinions
Page 12 of 42
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You have asked what regulatory authority the Elections Enforcement Commission ("EEC") has with respect to alleged violations of Conn. Gen. Stat. §2-30a(b), which provides in relevant part: "No expenditure of state funds shall be made to influence electors to vote for or against any such proposed constitutional amendment."
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John P. Burke, Department of Banking, 2000-006 Formal Opinion, Attorney General of Connecticut
You have asked for our opinion as to whether Section 36a-158(a) of the Connecticut General Statutes violates the Commerce Clause of the Unites States Constitution or the Equal Protection Clauses of the state and federal constitutions as to an out-of-state state-chartered bank that wishes to establish an automated teller machine ("ATM") in this state.
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This is in response to your request for a formal opinion of the Attorney General regarding the ability of the Department of Public Health ("Department") to access information contained in the personnel files of employees of institutions licensed by the Department. The Department's inspectors have recently been refused access to institutional employee personnel files when conducting inspections at a hospital. The hospital asserted that unless the Department issued an "administrative summons", the records could not be released unless consent of the employee was obtained. You also asked whether such information would be subject to release by the Department pursuant to a Freedom of Information request.
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Honorable Nancy Wyman, State Comptroller, 2000-008 Formal Opinion, Attorney General of Connecticut
You have asked this Office for an opinion regarding the administration of health insurance benefits for retired state employees receiving workers' compensation payments. In your request, you mention a 1984 Attorney General's opinion [Op. Atty. Gen. No. 84-93, July 24, 1984] that advised the Comptroller that retired state employees receiving workers' compensation payments "must have health insurance maintained at the level provided for active state employees." You also cite a Comptroller policy dated September 16, 1985, which is based on the Attorney General's opinion.
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I reviewed the questions that you have presented to me as follows: 1. Must an HMO medical plan, the terms and conditions of which contain a custodial care exception, offer a plan to the public, after receiving Department of Insurance approval, that: (a) meets the requirements of CGS 38a-553(c)(10), (b) complies with CGS 38a-478 et seq., as from time to time amended, and Article XXI of the Connecticut Constitution, and (c) does not use rehabilitation or improvement as criteria in determining whether care for disabled persons or persons suffering from biologically-based mental illnesses or nervous conditions is to be considered custodial? 2. Must the external appeal panel, acting pursuant to CGS 38a-478n, when reviewing appeals certified by the Department of Insurance and which construe or involve the custodial care exception (CGS 38a-553(c)(10)) as applied to disabled persons or persons suffering from biologically-based mental illnesses or nervous conditions (CGS 38a-478 et seq., as from time to time amended): (a) apply said CGS 38a-478 et seq. and Article XXI of the State Constitution, and (b) not use rehabilitation or improvement as tests for custodial care?
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In 1995, the Commissioners of the Departments of Social Services and Children and Families requested a legal opinion on their ability to share information about families and children, notwithstanding certain statutory client confidentiality restrictions. Both Commissioners indicated that increased sharing of client-specific information would allow their agencies to fulfill their statutory responsibilities more effectively.
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You have asked whether the Southeastern Connecticut Regional Resource Recovery Authority (SCRRRA) is subject to your auditing authority as set forth in Conn. Gen. Stat.
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This is a formal opinion regarding whether abortion must be included in the coverage provided under the Husky Plan, Part B ("Husky B"), a program designed to ensure health care coverage to all children in Connecticut.
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You have asked our office to provide an opinion on the legality of random drug testing of student-athletes at the University of Connecticut. The Division of Athletics at the University has revised its drug testing policy; this opinion addresses that revision.
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This is in response to your request for an opinion concerning the term of office of the Executive Director of the Commission on Human Rights and Opportunities (Commission). You ask specifically when the term of office of Louis Martin, who was appointed executive director in 1994, expires, and whether he may hold over after the expiration of his term until a successor is appointed.
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You have asked this office for an opinion regarding whether Conn. Gen. Stat. 20-627 to 20-630 apply to the "Pequot Pharmaceutical Network", a pharmacy owned and operated by the Mashantucket Pequot Tribal Nation on the Mashantucket Pequot Reservation in Ledyard, Connecticut. These statutory provisions regulate "nonresident pharmacies", which are defined as "any pharmacy located outside this state which ships, mails or delivers, in any manner, legend devices or legend drugs . . . into this State." Conn. Gen. Stat. 20-627. Thus, the dispositive question is whether a pharmacy located solely on reservation land situated within the geographical boundaries of the State of Connecticut is "within" the State of Connecticut for purposes of the statute.
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This is in response to your request for an opinion on whether the "revolving door" limitation of Conn. Gen. Stat. 12-557d(c) applies to you if you resign as Acting Executive Director of the Division of Special Revenue to accept a position as President and Chief Executive Officer of the Connecticut Lottery Corporation (CLC).
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This is in response to your request for an opinion on whether an employee of the Division of Special Revenue (DOSR) may own stock in International Game Technology, Inc. (IGT) in light of the conflict of interest rules contained in Conn. Gen. Stat. |12-561.
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This is in response to a request from your Department for an opinion on whether your agency can use minors in unannounced tobacco age law enforcement checks at Connecticut bars serving alcoholic liquor.
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Your department requests clarification of a previously issued opinion regarding the question of whether interior designers, practicing within the scope of services described in Conn. Gen. Stat.