(a) Concurrent with the implementation of any protective services for which payment is required, an evaluation shall be undertaken by the commissioner regarding the ability of the person with intellectual disability to pay for the protective services. If the person is so able, procedures for reimbursement for the cost of providing the services shall be initiated. If it is determined that the person is not capable of paying for such services, the services shall be provided in accordance with policies and procedures established by the commissioner.

(b) Subsequent to the initial provision of protective services, the Department of Developmental Services shall review each case, including meeting with the person with intellectual disability at least once every six months, to determine whether continuation or modification of the services is warranted. The commissioner may terminate protective services upon the commissioner’s determination that such services are no longer required, or upon request of the person with intellectual disability or such person’s legal representative pursuant to section 46a-11e.

(c) In performing the duties set forth in sections 17a-247f and 46a-11c to 46a-11g, inclusive, the commissioner may request the assistance of the staffs and resources of all appropriate state departments, agencies, commissions and local health directors, and may utilize any other public or private agencies, groups or individuals who are appropriate and may be available.

(P.A. 84-514, S. 6–8, 11; P.A. 95-63, S. 6; P.A. 07-73, S. 2(a), (b); P.A. 11-16, S. 41; June Sp. Sess. P.A. 17-2, S. 93.)

History: P.A. 84-514 effective February 1, 1985; Sec. 19a-458e transferred to Sec. 46a-11f in 1991; P.A. 95-63 substituted “person with mental retardation” for “mentally retarded person”; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsecs. (a) and (b) by substituting “person with intellectual disability” for “person with mental retardation”, and made a technical change, effective May 24, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (b) to replace provisions re department to advise director relative to continuation of protective services and commissioner may terminate protective services upon request of person with intellectual disability or his or her guardian or upon agreement by commissioner and director with provisions re commissioner may terminate protective services upon commissioner’s determination that services are no longer required or upon request of person with intellectual disability or person’s legal representative, and amended Subsec. (c) to add reference to Sec. 17a-247f and replace “director” with “commissioner”, effective October 31, 2017.