(a) Community-Based Services for Families and Adults is not an entitlement program. Payments for services shall be contingent upon the availability of funds. The Commissioner may take whatever steps are necessary to ensure that expenditures do not exceed the amount of funds available.
(b) Should the Department be unable to provide payments for services to all current recipients due to a shortage of funds, the steps that the Department may take include the following:
(1) Denial of new applications for Community-Based Services as well as the denial of additional services for current recipients.
(2) A pro rata reduction in payments to all recipients until such time as sufficient funds are available. Thirty days written notice shall be given to all recipients stating that payment levels for Community-Based Services shall be reduced, the reasons for the reduction, and the date such reductions shall take effect. Unless the recipient believes that the calculation of the payment is incorrect, there shall be no appeal for this decision.
(3) Highest priority for payment may be given to those individuals at immediate risk of institutionalization, recipients who have emergency needs, and children in need of temporary foster care.
(c) There shall be no payment for any Community-Based Services for Families and Adults not authorized by the Commissioner or a designee, nor shall there be payment for any such service incurred, or paid for, by the recipient prior to the date of payment authorization.
The date of authorization is the effective date appearing on the authorization form.
(d) The maximum payment, per recipient, for Community-Based Services shall not exceed $650.00 per month.
(e) Payment will be authorized for the applicant or recipient if the expense is not payable through third party coverage.
(f) Prior to a reduction or discontinuance of a Community-Based Service for Families and Adults payment, a recipient shall be given ten days' written notice of such proposed change except in cases of reductions in accordance with subsection (b) (2) of this Section. The notice shall advise the recipient of the change and his right to a fair hearing in accordance with Sections 17-603 and 17-604 of the Connecticut General Statutes.
(g)
FICA, FUTA, UC Payments
Payments for Community-Based Services shall be for the gross amount of the service payment as authorized by the Commissioner with no deductions for Social Security (FICA), Federal Unemployment Tax (FUTA), or State Unemployment Compensation (UC) payments.
The recipient of services shall be responsible for payment of the appropriate amount of FICA, FUTA, and UC.
Responsibility for FICA, FUTA and UC accounts currently established and maintained by the Department, may be transferred to the recipient of services. No such transfer shall be made until recipients are given reasonable notice of such change.
