§ 38a-1061 — Behavioral Health Advocate appointment.

(a) The Office of the Behavioral Health Advocate shall be under the direction of the Behavioral Health Advocate who shall be appointed by the Governor, with the approval of the General Assembly. The Behavioral Health Advocate shall be an elector of the state with expertise and experience in the fields of mental or behavioral health care, health insurance and advocacy for parity in mental and behavioral health access and outcomes. In addition to the Behavioral Health Advocate, the Office of the Behavioral Health Advocate shall consist of sufficient staff as the requirements and resources of the office permit, of whom at least one shall be an attorney and at least one shall be a patient care navigator. (b) The Governor shall make the initial appointment of the Behavioral Health Advocate from a list of candidates prepared and submitted, not later than February 1, 2024, to the Governor by the advisory committee established pursuant to section 38a-1062 . The Governor shall notify the advisory committee of the pending expiration of the term of an incumbent Behavioral Health Advocate not less than ninety days prior to the final day of the Behavioral Health Advocate's term in office. If a vacancy occurs in the position of Behavioral Health Advocate, the Governor shall notify the advisory committee immediately of the vacancy. The advisory committee shall meet to consider qualified candidates for the position of Behavioral Health Advocate and shall submit a list of not more than five candidates to the Governor ranked in order of preference, not more than sixty days after receiving notice from the Governor of the pending expiration of the Behavioral Health Advocate's term or the occurrence of a vacancy. The Governor shall designate, not more than sixty days after receipt of the list of candidates from the advisory committee, one candidate from the list for the position of Behavioral Health Advocate. If, after the list is submitted to the Governor by the advisory committee, any candidate withdraws from consideration, the Governor shall designate a candidate from those remaining on the list. If the Governor fails to designate a candidate within sixty days of receipt of the list from the advisory committee, the advisory committee shall refer the candidate with the highest ranking on the list to the General Assembly for confirmation. If the General Assembly is not in session at the time of the Governor's or advisory committee's designation of a candidate, the candidate shall serve as the acting Behavioral Health Advocate until the General Assembly meets and confirms the candidate as Behavioral Health Advocate. A candidate serving as acting Behavioral Health Advocate is entitled to compensation and has all the powers, duties and privileges of the Behavioral Health Advocate. A Behavioral Health Advocate shall serve a term of four years, not including any time served as acting Behavioral Health Advocate, and may be reappointed by the Governor or shall remain in the position until a successor is confirmed. Although an incumbent Behavioral Health Advocate may be reappointed, the Governor shall also consider additional candidates from a list submitted by the advisory committee as provided in this section. (c) Upon a vacancy in the position of the Behavioral Health Advocate, the most senior attorney in the Office of the Behavioral Health Advocate shall serve as the acting Behavioral Health Advocate until the vacancy is filled pursuant to subsection (a) or (b) of this section. The acting Behavioral Health Advocate has all the powers, duties and privileges of the Behavioral Health Advocate.

Legislative History

(P.A. 23-101, S. 11.) History: P.A. 23-101 effective July 1, 2023.