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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

By Nathaniel Arden, Michael Lisitano & Guest Contributor on July 26, 2021
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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.

Photo of Nathaniel Arden Nathaniel Arden

Nathaniel Arden is a member of Robinson+Cole’s Health Law Group. He advises hospitals, physician groups, community providers, and other health care entities on a wide variety of health law and business matters. He regularly assists clients with transactional and regulatory issues, including Medicare…

Nathaniel Arden is a member of Robinson+Cole’s Health Law Group. He advises hospitals, physician groups, community providers, and other health care entities on a wide variety of health law and business matters. He regularly assists clients with transactional and regulatory issues, including Medicare and Medicaid fraud and abuse, health information privacy and security, compliance, licensure, clinical trials and health care-related information technology issues. Read his full rc.com bio here.

Read more about Nathaniel ArdenEmail
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Photo of Michael Lisitano Michael Lisitano

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.

Read more about Michael LisitanoEmail
  • Posted in:
    Health Care
  • Blog:
    Health Law Diagnosis
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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