The Office of the Attorney General William Tong
Formal Opinions
Page 23 of 42
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Your agency has requested our legal advice concerning the impact of Conn. Gen. Stat. § 46b-38aa et. seq., on eligibility for certain programs of the Department of Social Services.
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You have requested our opinion as to whether Section 27-76 of the Connecticut General Statutes permits honor guards from bona fide Connecticut State Veteran’s Organizations to accept pay at a rate of less than the fifty dollars per day as set forth in that statute.
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I appreciated your September 25, 2007 letter raising additional questions about the Department's responsibilities under the federal Low Income House Energy Assistance Program (LIHEAP)
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Your agency has asked for an opinion on whether the Connecticut Siting Council (“Council”) has jurisdiction over the siting of municipal towers pursuant to Conn. Gen. Stat. § 16-50i (a)(6)
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This letter responds to your request for a formal opinion on whether the Department of Children and Families (DCF) is prohibited by the federal Public Health Service Act, 42 U.S.C. § 290dd-2 (the Federal Act) from disclosing to the Office of the Child Advocate (OCA) certain substance abuse treatment records that you requested pursuant to your authority under Conn. Gen. Stat. § 46a-13m.
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You have asked for our opinion whether federal and state law permits a municipality to operate a Department of Housing and Urban Development (“HUD”) Section 8 housing program outside of its geographical area.
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This letter responds to your request for a formal legal opinion concerning the Office of the Child Advocate’s (“Child Advocate”) right to obtain records from entities covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)
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In your August 28, 2007 memorandum, you sought this Office’s advice regarding the interpretation of Conn. Gen. Stat. § 20-417i(n) of the New Home Construction Contractors Act, and Conn. Gen. Stat. § 20-432(o) of the Home Improvement Act
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You have asked whether the exclusion under Conn. Gen. Stat. § 38a-860(f)(2)(D)(iii) of the Connecticut Life and Health Insurance Guaranty Association Act ("Act") applies to an excess loss health insurance policy issued by Legion Insurance Company ("Legion"), an insurance carrier that is in liquidation, to ProFlow, Inc. ("ProFlow"), a Connecticut corporation, which procured the policy as part of its health benefits plan for its employees.
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You have requested our advice regarding the scope of the State Building Inspector's authority over local building officials.
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This is in response to the request for an opinion from your agency on the legality of devices known as "three button slot machines," and whether these devices fall within the definition of "video facsimile" as used in the agreements between the State of Connecticut and the Mashantucket Pequot Tribe and Mohegan Tribe. The agreements require the tribes to contribute twenty-five percent of their gross operating revenues from the operation of video facsimile machines at the tribal casinos, provided no other person within the state may lawfully operate "video facsimile games or other commercial casino games."
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You have asked for a formal opinion regarding the possible consequences of enacting Substitute House Bill 6438, An Act Extending Husky Plan, Part A Benefits for Parents and Needy Caretaker Relatives. The proposed Bill would temporarily continue the Medicaid eligibility of individuals whose eligibility for Medicaid under the Transitional Medical Assistance ("TMA") coverage group will end between March 31, 2005 and May 31, 2005. Eligibility for this group of individuals would be extended through June 30, 2005 under the proposed Bill. You inquire whether or not this proposed temporary extension of benefits may "ultimately allow these adults to qualify for any additional extension under federal law?"
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You have requested our advice regarding the State Marshal Commission's course of action regarding auditing the records of a deceased marshal. You advised us in your letter that the daughter of a deceased marshal inquired of your office as to whether or not she could "continue to collect on wage executions," which collection had apparently been commenced by her deceased father but had not been completed at the time of his death.
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In your letter dated June 7, 2005, you have asked for advice concerning the length of time for which accessory apartments must be deed-restricted for affordable housing to allow such apartments to be considered in determining whether a town has sufficient existing affordable housing to qualify for a temporary moratorium pursuant to Conn. Gen. Stat. § 8-30g(l). According to your letter, the Town of Trumbull has submitted an application for a moratorium which includes 106 ten year deed restricted accessory apartments.
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Representative Robert M. Ward, 2005-025, Formal Opinion, Attorney General of Connecticut
You have requested a formal legal opinion concerning the protections afforded to members of the General Assembly by Conn. Gen. Stat. § 2-3a, which prohibits discrimination in the workplace against those who hold the office of state senator or representative.