(a) The administrator of the nursing home facility or residential care home, or the administrator’s designee, shall, not later than five business days after receipt of the citation by the licensee, notify the commissioner if the licensee contests the citation. If the administrator fails to so notify the commissioner not later than five business days after such receipt, the citation shall be deemed a final determination of the commissioner, effective upon the expiration of such five business days.

(b) If any administrator of a nursing home facility or residential care home, or the administrator’s designee, notifies the commissioner that the licensee contests the citation, the commissioner shall provide an informal conference between the licensee and the commissioner or the commissioner’s designee. Not later than five business days after the conclusion of the informal conference, the commissioner shall notify the licensee of the commissioner’s determination, which may include the decision to (1) vacate the citation, or (2) sustain the final determination for the citation with or without modifications. If the commissioner decides to sustain the final determination for the citation and the licensee disagrees with the commissioner’s decision, the licensee may, not later than five business days after such decision, submit a request in writing to the commissioner for a hearing and the commissioner shall set the matter down for a hearing as a contested case in accordance with chapter 54. The commissioner shall, after the conclusion of the hearing, issue a final order, based on findings of fact, affirming, modifying or vacating the citation in accordance with chapter 54.

(P.A. 76-331, S. 3, 16; P.A. 77-614, S. 323, 610; P.A. 79-467, S. 3, 8; P.A. 82-375, S. 2, 4; P.A. 87-166, S. 1; P.A. 13-208, S. 36; June Sp. Sess. P.A. 17-2, S. 232.)

History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 79-467 added “facility” to nursing home references; P.A. 82-375 placed the responsibility of communicating with the commissioner of health services regarding citations with the administrator rather than the owner of the nursing home; Sec. 19-608 transferred to Sec. 19a-525 in 1983; P.A. 87-166 added provision permitting a designee of the administrator to contest citations and added the five-day time period for providing an informal hearing; P.A. 13-208 added references to residential care home and made technical changes, effective July 1, 2013; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by replacing “within three days, excluding Saturdays, Sundays and holidays, of” with “not later than five business days after” and replaced “final order” with “final determination”, amended Subsec. (b) by adding reference to commissioner’s designee, adding provisions re notification to licensee of commissioner’s determination and submission of request for hearing by licensee, deleting provisions re conference, and adding reference to Ch. 54, and made technical and conforming changes, effective October 31, 2017.