LCO No. 2391 1 of 5 General Assembly Raised Bill No. 447 February Session, 2020 LCO No. 2391 Referred to Committee on PUBLIC HEALTH Introduced by: (PH) AN ACT CONCERNING TH E OFFICE OF HEALTH STRATEGY'S RECOMMENDATIONS REGA RDING VARIOUS REVISIONS TO COMMUNITY BENEFITS P ROGRAMS ADMINISTERED BY HOSPITALS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 19a-127k of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective from passage): 2 (a) As used in this section: 3 (1) "Community benefits program" means any [voluntary] program 4 to promote preventive care and to improve the health status for 5 [working families and] all populations [at risk in the communities] 6 within the geographic service areas of [a managed care organization or] 7 a hospital in accordance with guidelines established pursuant to 8 subsection (c) of this section; 9 [(2) "Managed care organization" has the same meaning as provided 10 in section 38a-478;] 11 [(3)] (2) "Hospital" has the same meaning as provided in section 19a-12 Raised Bill No. 447 LCO No. 2391 2 of 5 490. 13 (b) On or before [January 1, 2005] September 15, 2020, and [biennially] 14 annually thereafter, [each managed care organization and] each tax-15 exempt, privately owned hospital shall submit to the [Healthcare 16 Advocate, or the Healthcare Advocate's] Health Systems Planning Unit 17 of the Office of Health Strategy, or the Office of Health Strategy's 18 designee, a report on [whether the managed care organization or 19 hospital has in place a community benefits program. If a managed care 20 organization or hospital elects to develop a community benefits 21 program, the report required by this subsection shall comply with the 22 reporting requirements of subsection (d) of this section] such hospital's 23 community benefits program for the most recently completed fiscal year 24 and community building activities listed on such hospital's most 25 recently completed Internal Revenue Service form 990. Such report shall 26 be in a format determined by the Office of Health Strategy. 27 (c) [A managed care organization or] Each tax-exempt, privately 28 owned hospital [may] shall develop community benefit guidelines 29 intended to promote preventive care and to improve the health status 30 for [working families and] all populations [at risk] residing within the 31 geographic service areas of such hospital, whether or not those 32 individuals are [enrollees of the managed care plan or] patients of the 33 hospital. The guidelines shall focus on the following principles: 34 (1) Adoption and publication of a community benefits policy 35 statement setting forth [the organization's or] such hospital's 36 commitment to a formal community benefits program; 37 (2) The responsibility for overseeing the development and 38 implementation of the community benefits program, the resources to be 39 allocated and the administrative mechanisms for the regular evaluation 40 of the program; 41 (3) Seeking assistance and meaningful participation from the 42 communities within [the organization's or] such hospital's geographic 43 service areas in developing and implementing the community benefits 44 Raised Bill No. 447 LCO No. 2391 3 of 5 program and community building activities, and in defining the 45 targeted populations and the specific health care needs it should 46 address. In doing so, the governing body or management of [the 47 organization or] such hospital shall give priority to the public health 48 needs outlined in the most recent version of the state health plan 49 prepared by the Department of Public Health pursuant to section 19a-7; 50 and 51 (4) Developing its program based upon an assessment of the health 52 care needs and resources of the targeted populations, particularly low 53 and middle-income, medically underserved populations and barriers to 54 accessing health care, including, but not limited to, cultural, linguistic 55 and physical barriers to accessible health care, lack of information on 56 available sources of health care coverage and services, and the benefits 57 of preventive health care. The program shall consider the health care 58 needs of a broad spectrum of age groups and health conditions. 59 (d) Each [managed care organization and each] tax-exempt, privately 60 owned hospital [that chooses to participate in developing a community 61 benefits program] shall include in the [biennial] annual report required 62 by subsection (b) of this section [the status of the program, if any, that 63 the organization or hospital established. If the managed care 64 organization or hospital has chosen to participate in a community 65 benefits program, the report shall include] the following components: 66 (1) The community benefits policy statement of [the managed care 67 organization or] such hospital; (2) the mechanism by which community 68 participation is solicited and incorporated in the community benefits 69 program and community building activities; (3) identification of 70 community health needs that were considered in developing and 71 implementing the community benefits program; (4) a narrative 72 description of the community benefits, community services, and 73 preventive health education provided or proposed, which may include 74 measurements related to the number of people served and health status 75 outcomes; (5) measures taken to evaluate the results of the community 76 benefits program and proposed revisions to the program; (6) to the 77 extent feasible, a community benefits budget and a good faith effort to 78 Raised Bill No. 447 LCO No. 2391 4 of 5 measure expenditures and administrative costs associated with the 79 community benefits program, including both cash and in -kind 80 commitments; and (7) a summary of the extent to which [the managed 81 care organization or] such hospital has developed and met the 82 guidelines listed in subsection (c) of this section. [Each managed care 83 organization and each hospital] The Office of Health Strategy shall 84 [make a copy of the] post each report [available, upon request, to any 85 member of the public] submitted pursuant to subsection (b) of this 86 section on its Internet web site not later than thirty days after the date of 87 receipt of such report. 88 (e) The [Healthcare Advocate, or the Healthcare Advocate's] Office of 89 Health Strategy, or the Office of Health Strategy's designee, shall, within 90 available appropriations, develop a summary and analysis of the 91 community benefits program reports submitted by [managed care 92 organizations and] tax-exempt, privately owned hospitals under this 93 section and shall review such reports for adherence to the guidelines set 94 forth in subsection (c) of this section. Not later than [October 1, 2005, and 95 biennially] December 31, 2020, and annually thereafter, the [Healthcare 96 Advocate, or the Healthcare Advocate's] Office of Health Strategy or the 97 Office of Health Strategy's designee, shall [make such summary and 98 analysis available to the public upon request] post such summary and 99 analysis on its Internet web site not later than thirty days after the date 100 of receipt of such report. 101 (f) The [Healthcare Advocate] Office of Health Strategy may, after 102 notice and opportunity for a hearing, in accordance with chapter 54, 103 impose a civil penalty on any [managed care organization or] tax-104 exempt, privately owned hospital that fails to submit the report required 105 pursuant to this section by the date specified in subsection (b) of this 106 section. Such penalty shall be not more than fifty dollars a day for each 107 day after the required submittal date that such report is not submitted. 108 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 19a-127k Raised Bill No. 447 LCO No. 2391 5 of 5 Statement of Purpose: To make various revisions to community benefits programs administered by hospitals. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]