Connecticut 2022 Regular Session

Connecticut House Bill HB05449 Compare Versions

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77 General Assembly Substitute Bill No. 5449
88 February Session, 2022
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1414 AN ACT CONCERNING CERTIFICATES OF NEED.
1515 Be it enacted by the Senate and House of Representatives in General
1616 Assembly convened:
1717
1818 Section 1. (NEW) (Effective from passage) No health care provider 1
1919 required to receive approval for a certificate of need to build a new 2
2020 facility or expand an existing facility pursuant to chapter 368z of the 3
2121 general statutes shall break ground on any new facility or expansion of 4
2222 an existing facility until the health care provider is in receipt of approval 5
2323 pursuant to said chapter. 6
2424 Sec. 2. (NEW) (Effective October 1, 2022) (a) The State of Connecticut 7
2525 Health and Educational Facilities Authority shall not issue a bond to a 8
2626 health care provider when such provider is required to obtain approval 9
2727 for a certificate of need to build a new facility or expand an existing 10
2828 facility pursuant to chapter 368z of the general statutes, unless the 11
2929 authority has reviewed a capital budget with recommendations 12
3030 provided by the Office of Health Strategy. 13
3131 (b) The Office of Health Strategy, in making recommendations to the 14
3232 State of Connecticut Health and Educational Facilities Authority 15
3333 pursuant to subsection (a) of this section, shall assess the reasonableness 16
3434 of the budget and the projected impact to the health care market and 17
3535 pricing in the area. 18 Substitute Bill No. 5449
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4242 Sec. 3. Subsection (a) of section 19a-639a of the general statutes is 19
4343 repealed and the following is substituted in lieu thereof (Effective October 20
4444 1, 2022): 21
4545 (a) An application for a certificate of need shall be filed with the unit 22
4646 in accordance with the provisions of this section and any regulations 23
4747 adopted by the Office of Health Strategy. The application shall address 24
4848 the guidelines and principles set forth in (1) subsection (a) of section 19a-25
4949 639, and (2) regulations adopted by the department. The applicant shall 26
5050 include with the application a nonrefundable application fee [of five 27
5151 hundred dollars] based on the cost of the project. The amount of the fee 28
5252 shall be as follows: (A) One thousand five hundred dollars for a project 29
5353 that will cost not greater than fifty thousand dollars; (B) two thousand 30
5454 five hundred dollars for a project that will cost greater than fifty 31
5555 thousand dollars but not greater than one hundred thousand dollars; 32
5656 (C) five thousand dollars for a project that will cost greater than one 33
5757 hundred thousand dollars but not greater than five hundred thousand 34
5858 dollars; (D) ten thousand dollars for a project that will cost greater than 35
5959 five hundred thousand dollars but not greater than one million dollars; 36
6060 (E) fifteen thousand dollars for a project that will cost greater than one 37
6161 million dollars but not greater than five million dollars; (F) twenty 38
6262 thousand dollars for a project that will cost greater than five million 39
6363 dollars but not greater than ten million dollars; and (G) twenty-five 40
6464 thousand dollars for a project that will cost greater than ten million 41
6565 dollars. 42
6666 Sec. 4. (Effective from passage) (a) (1) The Office of Health Strategy shall 43
6767 conduct a study concerning certificates of need, required pursuant to 44
6868 chapter 368z of the general statutes, in the state. 45
6969 (2) Not later than January 15, 2023, the Office of Health Strategy shall 46
7070 submit a report, in accordance with the provisions of section 11-4a of the 47
7171 general statutes, concerning the results of such study to the joint 48
7272 standing committee of the General Assembly having cognizance of 49
7373 matters relating to insurance. 50 Substitute Bill No. 5449
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8080 (b) The report shall consider and make recommendations concerning 51
8181 the following matters: 52
8282 (1) The institution of a price increase cap that is tied to the cost growth 53
8383 benchmark for consolidations; 54
8484 (2) Guaranteed local representation of communities on hospital 55
8585 boards; 56
8686 (3) Changes to the Office of Health Strategy's long-term, state-wide 57
8787 health plan to include an analysis of services and facilities and the 58
8888 impact of such services and facilities on equity and underserved 59
8989 populations; 60
9090 (4) Setting standards for measuring quality as a result of a 61
9191 consolidation; 62
9292 (5) Enacting higher penalties for noncompliance and increasing the 63
9393 staff needed for enforcement; 64
9494 (6) The Attorney General's authority to stop activities as the result of 65
9595 a certificate of need application or complaint; 66
9696 (7) The ability of representatives of the workforce and the community 67
9797 to intervene or appeal decisions; 68
9898 (8) Giving the Office of Health Strategy the authority to require an 69
9999 ongoing investment to address community needs; and 70
100100 (9) Capturing lost property taxes from hospitals that have converted 71
101101 to nonprofit entities. 72
102102 This act shall take effect as follows and shall amend the following
103103 sections:
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105105 Section 1 from passage New section
106106 Sec. 2 October 1, 2022 New section
107107 Sec. 3 October 1, 2022 19a-639a(a)
108108 Sec. 4 from passage New section Substitute Bill No. 5449
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116116 INS Joint Favorable Subst.
117-APP Joint Favorable
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