Sec. 38a-1042. Appointment.
Sec. 38a-1042. Appointment. (a) The Office of the Healthcare Advocate shall be
under the direction of the Healthcare Advocate who shall be appointed by the Governor,
with the approval of the General Assembly. The Healthcare Advocate shall be an elector
of the state with expertise and experience in the fields of health care, health insurance
and advocacy for the rights of consumers, provided the Healthcare Advocate shall not
have served as a director or officer of a managed care organization within two years
of appointment. In addition to the Healthcare Advocate, the Office of the Healthcare
Advocate shall consist of a staff of not more than three persons, which staff may be
increased as the requirements and resources of the office permit.
(b) The Governor shall make the initial appointment of the Healthcare Advocate
from a list of candidates prepared and submitted, not later than June 1, 2000, to the
Governor by the advisory committee established pursuant to section 38a-1049. The
Governor shall notify the advisory committee of the pending expiration of the term of
an incumbent Healthcare Advocate not less than ninety days prior to the final day of the
Healthcare Advocate's term in office. If a vacancy occurs in the position of Healthcare
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
Healthcare 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 Healthcare 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 Healthcare 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 Healthcare Advocate until the General Assembly meets and
confirms the candidate as Healthcare Advocate. A candidate serving as acting
Healthcare Advocate is entitled to compensation and has all the powers, duties and
privileges of the Healthcare Advocate. A Healthcare Advocate shall serve a term of
four years, not including any time served as acting Healthcare Advocate, and may be
reappointed by the Governor or shall remain in the position until a successor is confirmed. Although an incumbent Healthcare 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 Healthcare Advocate, the most senior
attorney in the Office of the Healthcare Advocate shall serve as the acting Healthcare
Advocate until the vacancy is filled pursuant to subsection (a) or (b) of this section. The
acting Healthcare Advocate has all the powers, duties and privileges of the Healthcare
Advocate.
(P.A. 99-284, S. 3; P.A. 05-102, S. 9.)
History: P.A. 05-102 renamed the Office of Managed Care Ombudsman the Office of the Healthcare Advocate and
made conforming changes.