§ 27-102l — Department of Veterans Affairs. Veterans Residential Services facility. Office of Advocacy and Assistance. Powers and duties. Regulations.

Connecticut § 27-102l

• Jurisdiction: Connecticut
• Title 27: Armed Forces and Veterans
• Ch. 506: Veterans

Text

(a) There shall be a Department of Veterans Affairs. The Veterans Residential Services facility, as defined in subsection (b) of section 27-103, shall be within the department and located in Rocky Hill. The department head shall be the Commissioner of Veterans Affairs, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties prescribed therein. (b) (1) The commissioner may appoint a manager to administer an Office of Advocacy and Assistance for the aid and benefit of veterans and their spouses, eligible dependents and family members. The office shall have a staff of not less than ten men and women, including eight veterans' service officers, and clerical personnel. The manager and veterans' service officers shall be veterans, as defined in subsection (a) of section 27-103 , or veterans who were awarded the armed forces expeditionary medal for service by the armed forces. (2) (A) The manager shall develop a training module on assisting and serving women veterans with regard to state or federal services or benefits and identifying and advising such veterans of community or nonprofit programs focused on assisting and serving such veterans. The manager shall hold and provide instruction for an annual training session, in accordance with such module, to each veterans' service officer and any member of a municipal veterans advisory committee, director of municipal veterans services or municipal veterans representative, as described in subsection (c) of section 27-135 , or representative from an Operation Academic Support for Incoming Service Members center at a public institution of higher education in this state. (B) At least one of the veterans' service officers shall be a woman having a demonstrated interest in the concerns of women veterans, who shall be responsible for addressing those concerns, and, effective upon the next opening of a veterans' service officer position occurring on or after July 1, 2010, at least two of the veterans' service officers shall be individuals having bilingual proficiency in English and Spanish, within existing authorized positions. At least two of the veterans' service officers shall, in addition to carrying out the duties under this section, be responsible for overseeing and supporting municipalities' compliance with the provisions of section 27-135 . Each veterans' service officer shall (i) successfully complete a course in veterans' benefits not later than one year after commencement of employment, (ii) attend the training session described in subparagraph (A) of this subdivision, and (iii) be assigned to one of the five congressional districts of the state. (3) The office staff shall, at least twice annually, conduct a training course for any member of a municipal veterans advisory committee, director of municipal veterans services or municipal veterans representative. The office staff shall include in such training course a summary of state and federal services and benefits, the requirements under section 27-135 , and any assistance the office staff may provide to any such member, director or representative related to such requirements. (4) (A) The office shall develop a written outreach plan identifying (i) strategies for conducting outreach to veterans and their spouses, eligible dependents and family members for purposes of providing assistance in claims for veterans' services or benefits, and (ii) to the extent possible, specific events and other opportunities to provide such assistance that are sponsored by the office or in which the office is participating. The office shall update such written outreach plan as necessary to improve the efficacy of its outreach efforts. (B) The manager and each veterans' service officer shall electronically track information relating to outreach conducted or attended by the office, including, but not limited to, the title or type of any outreach event conducted or attended and the number of veterans or their spouses, eligible dependents or family members to whom substantive services or referrals were provided. (C) The office shall utilize the notifications received from the administrator of each nursing home and assisted living facility in the state, pursuant to subdivision (2) of subsection (c) of this section, to develop an annual schedule for each veterans' service officer to visit nursing homes and assisted living facilities. The office shall compile any information collected as a result of such visits and provide quarterly reports on such information to the Board of Trustees for the Department of Veterans Affairs. (D) The office shall provide quarterly reports to the Board of Trustees for the Department of Veterans Affairs on (i) concerns raised by veterans or their spouses, eligible dependents or family members, which concerns shall be summarized by type, frequency and resolution, (ii) petitions filed by veterans or their spouses, eligible dependents or family members received by the commissioner under section 27-102 l (d)-54 of the regulations of Connecticut state agencies for the four preceding months, and (iii) copies of any such petitions. (c) In addition to the powers and duties prescribed under section 4-8 , the commissioner shall have the following powers and duties: (1) To prepare studies and collect information concerning facilities and services available to members of the armed forces, veterans or their spouses, eligible dependents or family members, including facilities and services for veterans who may have been exposed to a Vietnam herbicide during their periods of military service; (2) To require that the administrator of each nursing home and assisted living facility in the state notify the Office of Advocacy and Assistance not later than April 1, 2017, and every six months thereafter, of any new resident in such nursing home or assisted living facility who is a veteran or a spouse, eligible dependent or family member of a veteran, provided each such nursing home or assisted living facility shall not release the identity of any such new resident to the office without the consent of the new resident. As used in this subdivision, “new resident” means a resident of whom such nursing home or assisted living facility has not previously notified the Office of Advocacy and Assistance; (3) To cooperate with service agencies and organizations throughout the state in disseminating and furnishing counsel and assistance of benefit to residents of this state who are or have been members of the armed forces or their spouses or eligible dependents, which will indicate the availability of: (A) Educational training and retraining facilities; (B) health, medical, rehabilitation and housing services and facilities; (C) employment and reemployment services; (D) provisions of federal, state and local laws affording financial rights, privileges and benefits; and (E) other matters of similar nature; (4) To assist veterans and their spouses, eligible dependents and family members in the preparation, presentation, proof and establishment of such claims, privileges, rights and other benefits accruing to them under federal, state and local laws; (5) To cooperate with all national, state and local governmental and private agencies securing or offering services or any benefits to veterans or their spouses or eligible dependents; (6) To develop and prepare a long-range plan and mission statement for the Veterans Residential Services facility and Office of Advocacy and Assistance; (7) To review all appeals made by veterans or their spouses, eligible dependents or family members and render the final decision thereon regarding the denial of admission to any program or the refusal to render any service or benefit which is administered by the Department of Veterans Affairs, the discharge or transfer from any such program or any disciplinary action taken while participating in any such program; (8) If the Veterans Residential Services facility closes or ceases to provide housing to veterans, to provide or arrange for housing to any veteran residing at said facility or receiving care or treatment at the Healthcare Center, as defined in subsection (b) of section 27-103 , on the date of such closure or on the date said facility ceases to provide housing to veterans; and (9) To publish on the Internet extensive and reliable data regarding women veterans, including, but not limited to, federal and state services and benefits, current challenges and notable women veterans and their contributions. (d) The commissioner shall adopt, in accordance with the provisions of chapter 54, and enforce such regulations and procedures for the operation, administration and management of the department and all programs and services under the jurisdiction of the department, including, but not limited to, procedures relating to admission and discharge or transfer of veterans in the Veterans Residential Services facility, a per diem fee schedule for programs, services and benefits provided by said facility, and the participation of eligible family members in programs or services provided by said facility. The commissioner shall amend such regulations as necessary, in accordance with the provisions of chapter 54, to allow residents of said facility and relatives or authorized representatives of such residents to file a written complaint regarding policies, procedures and administrative decisions of said facility. Such amended regulations shall include a procedure for filing such complaints, including deadlines by which complaints must be received, investigated and acted upon. The commissioner shall submit proposed regulations for public comment pursuant to section 4-168 not later than ninety days after July 1, 2015. See Sec. 27-100g re outreach and programs for improving awareness of and access to services and benefits available to women veterans.

Legislative History

(P.A. 86-175, S. 1, 4; P.A. 87-155, S. 1; 87-543, S. 8, 9; P.A. 88-285, S. 1, 35; June Sp. Sess. P.A. 91-12, S. 37, 55; P.A. 03-170, S. 6; P.A. 04-169, S. 3; P.A. 07-97, S. 1; P.A. 10-21, S. 2; P.A. 13-34, S. 1; P.A. 15-197, S. 1, 5; P.A. 16-68, S. 2; 16-167, S. 1; 16-192, S. 1; P.A. 17-36, S. 1, 2; P.A. 19-148, S. 2; P.A. 23-34, S. 2.) History: P.A. 87-155 amended Subsec. (b) to permit veterans awarded the armed forces expeditionary medal to be service officers in the department; P.A. 87-543 amended Subsec. (c)(1) to authorize studies and the collection of information for facilities and services for veterans who may have been exposed to a Vietnam herbicide; P.A. 88-285 amended Subsec. (a) to provide that the veterans' home and hospital be within the department, amended Subsec. (b) to delete provision re location of offices, to require commissioner to appoint a deputy to administer a veterans' assistance unit which shall have a staff of at least eight persons and to make technical changes, added Subsec. (c)(6) and (7) re development of a long-range plan and mission statement for the home and hospital and the unit and review of appeals made by veterans or their family members, and added Subsec. (d) re adoption of regulations for the operation, administration and management of the department and all programs under its jurisdiction; June Sp. Sess. P.A. 91-12 in Subsec. (b) renamed the veterans' assistance unit the veterans' advocacy and assistance unit; P.A. 03-170 amended Subsec. (b) by changing number of congressional districts from six to five, effective June 26, 2003; P.A. 04-169 amended Subsec. (a) to require the Veterans' Home to be located in Rocky Hill, amended Subsec. (b) to authorize the commissioner to appoint a unit head in lieu of requiring appointment of a deputy to administer veterans' advocacy and assistance unit and to require the unit head to be a veteran, eliminating reference to department head and the deputy commissioner, changed the name of the Veterans' Home and Hospital to the Veterans' Home throughout and made technical changes, effective June 1, 2004; P.A. 07-97 amended Subsec. (b) to require at least one service officer position, upon an opening occurring on or after July 1, 2007, to be filled by an individual having bilingual proficiency in English and Spanish, effective July 1, 2007; P.A. 10-21 amended Subsec. (b) by replacing “2007” with “2010” and increasing number of required service officers having bilingual proficiency in English and Spanish to 2 individuals, effective May 5, 2010; P.A. 13-34 amended Subsec. (b) to add provision re annual training course for city or town employee designated a veterans' service contact person; P.A. 15-197 added Subsec. (c)(8) re commissioner's duty to provide housing to veteran residents, effective July 2, 2015, and amended Subsec. (d) by adding provision re adoption of regulations concerning resident complaints, effective July 1, 2015; P.A. 16-68 amended Subsec. (b) by designating existing provisions re appointing unit head as Subdiv. (1) and amending same to delete provision re annual training course for city or town employee, and by adding provisions, codified by the Revisors as Subdivs. (3) and (4), re training course for designated veterans' contact persons and re outreach plan and information, visits to nursing homes and assisted living facilities and quarterly reports, amended Subsec. (c)(2) by replacing provision re commissioner to conduct interviews in nursing homes or hospitals with provision re notification of new resident in nursing home or assisted living facility who is a veteran or a spouse, eligible dependent or family member of a veteran, and made technical changes; P.A. 16-167 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”, replaced references to Veterans' Home with references to Veterans Residential Services facility, replaced references to veterans' advocacy and assistance unit with references to Office of Advocacy and Assistance, amended Subsec. (b) by replacing “unit head” with “manager” and replacing “service officers” with “veterans' service officers”, amended Subsec. (c) by adding “or family members” in Subdiv. (1) and replacing provision re home or health care facility with provision re Healthcare Center in Subdiv. (8), and made technical changes, effective July 1, 2016; P.A. 16-192 amended Subsec. (b) by designating existing provisions re advocacy and assistance unit as Subdiv. (1) and amending same to replace “service officers” with “veterans' service officers”, adding Subdiv. (2)(A) re training on assisting and serving women veterans, and designating existing provisions re service officers as Subdiv. (2)(B) and amending same to add provision re attending training session described in Subpara. (A), amended Subsec. (c) to add Subdiv. (9) re Internet publication of extensive and reliable data re women veterans, and made technical changes; P.A. 17-36 amended Subsec. (b) to replace “unit head” with “manager” in Subdivs. (2)(A) and (4)(B), replace “within one year of” with “not later than one year after” in Subdiv. (2)(B)(i), and make technical changes in Subdiv. (4), and amended Subsecs. (b) and (c)(2) to replace references to veterans' advocacy and assistance unit with references to Office of Advocacy and Assistance; P.A. 19-148 amended Subsec. (b) to replace references to veterans' service contact person with municipal veterans' representative and made a technical change; P.A. 23-34 amended Subsec. (b) by replacing “eight men and women, including six veterans' service officers” with “ten men and women, including eight veterans' service officers” in Subdiv. (1), adding references to members of municipal veterans advisory committees and directors of municipal veterans services in Subdiv. (2)(A), adding provision re veterans' service officers' oversight and support of municipalities' compliance with Sec. 27-135 in Subdiv. (2)(B), adding references to members of municipal veterans advisory committees and directors of municipal veterans services in Subdiv. (3) and making technical changes.