September 28, 2021

Volume XI, Number 271

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September 27, 2021

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New Connecticut Law Expands Authority of DDS to Consent to Emergency Medical Care on Behalf of Certain Patients in Residential Facilities

On July 7, 2021 Connecticut Governor Ned Lamont signed into law Public Act 21-135 (the “Act”). The Act, among other things, makes a revision to the Department of Developmental Services (DDS) statutes allowing DDS regional or training school directors to consent to emergency care for individuals under DDS custody in certain situations.

Existing law allows a DDS regional or training school director to consent to emergency surgery for an individual under their custody or control living in a residential facility. The Act extends this authority to allow the DDS Commissioner or training school director to consent to any medical treatment or surgery when the individual’s attending physician determines that the treatment is of an emergency nature and there is insufficient time to obtain the written consent that would otherwise be required from the individual, the parent of a minor, or the individual’s legal representative. The Act also requires that the attending physician prepare a report describing the nature of the emergency which necessitated such medical treatment or surgical procedure and file a copy of such report in the patient’s record.

The Act became effective July 7, 2021.

This post was co-authored by Erin Howard, legal intern at Robinson+Cole. Erin is not yet admitted to practice law.

Copyright © 2021 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XI, Number 207
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About this Author

Nathaniel Arden, Health Care and Intellectual Property Attorney, Robinson Cole Law Firm, Hartford, Connecticut
Counsel

Nathaniel Arden is a member of Robinson+Cole’s Health Law Group. He advises hospitals, health systems, physician groups, community providers, and other health care entities on a variety of health law and business issues. His practice focuses on health care-related regulatory and transactional matters, as well as health care-related information technology issues. Nathaniel has an extensive background in the healthcare industry, and he worked at a large academic medical center prior to joining the firm.

Regulatory

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Michael G. Lisitano Healthcare Attorney Robinson Cole Hartford
Associate

Michael Lisitano is a member of the firm’s Health Law Group. He advises hospitals, health systems, physician groups, and other health care entities on general corporate matters and a variety of health law issues.

Regulatory

Michael advises health care clients on various regulatory matters, including compliance with the Health Insurance Portability and Accountability Act (HIPAA), Medicare and Medicaid program compliance, and fraud and abuse laws. Michael also counsels health care clients on...

860-275-8272
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