10 | 16 | | |
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11 | 17 | | |
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12 | 18 | | |
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13 | 19 | | |
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14 | 20 | | AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S |
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15 | 21 | | RECOMMENDATIONS REGARDING CHANGE OF OWNERSHIP IN |
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16 | 22 | | HEALTH CARE FACILITIES. |
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17 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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18 | 24 | | Assembly convened: |
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19 | 25 | | |
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20 | 26 | | Section 1. Section 19a-493 of the 2022 supplement to the general 1 |
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21 | 27 | | statutes is repealed and the following is substituted in lieu thereof 2 |
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22 | 28 | | (Effective July 1, 2022): 3 |
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23 | 29 | | (a) Upon receipt of an application for an initial license, the 4 |
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24 | 30 | | Department of Public Health, subject to the provisions of section 19a-5 |
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25 | 31 | | 491a, shall issue such license if, upon conducting a scheduled inspection 6 |
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26 | 32 | | and investigation, the department finds that the applicant and facilities 7 |
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27 | 33 | | meet the requirements established under section 19a-495, provided a 8 |
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28 | 34 | | license shall be issued to or renewed for an institution, as defined in 9 |
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29 | 35 | | section 19a-490, only if such institution is not otherwise required to be 10 |
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30 | 36 | | licensed by the state. If an institution, as defined in subsections (b), (d), 11 |
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31 | 37 | | (e) and (f) of section 19a-490, applies for license renewal and has been 12 |
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32 | 38 | | certified as a provider of services by the United States Department of 13 |
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43 | 48 | | on renewal the inspection and investigation of such facility required by 18 |
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44 | 49 | | this section and, in such event, any such facility shall be deemed to have 19 |
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45 | 50 | | satisfied the requirements of section 19a-495 for the purposes of 20 |
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46 | 51 | | licensure. Such license shall be valid for two years or a fraction thereof 21 |
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47 | 52 | | and shall terminate on March thirty-first, June thirtieth, September 22 |
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48 | 53 | | thirtieth or December thirty-first of the appropriate year. A license 23 |
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49 | 54 | | issued pursuant to this chapter, unless sooner suspended or revoked, 24 |
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50 | 55 | | shall be renewable biennially (1) after an unscheduled inspection is 25 |
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51 | 56 | | conducted by the department, and (2) upon the filing by the licensee, 26 |
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52 | 57 | | and approval by the department, of a report upon such date and 27 |
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53 | 58 | | containing such information in such form as the department prescribes 28 |
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54 | 59 | | and satisfactory evidence of continuing compliance with requirements 29 |
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55 | 60 | | established under section 19a-495. In the case of an institution, as 30 |
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56 | 61 | | defined in subsection (d) of section 19a-490, that is also certified as a 31 |
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57 | 62 | | provider under the Medicare program, the license shall be issued for a 32 |
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58 | 63 | | period not to exceed three years, to run concurrently with the 33 |
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59 | 64 | | certification period. In the case of an institution, as defined in subsection 34 |
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60 | 65 | | (m) of section 19a-490, that is applying for renewal, the license shall be 35 |
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61 | 66 | | issued pursuant to section 19a-491. Except in the case of a multicare 36 |
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62 | 67 | | institution, each license shall be issued only for the premises and 37 |
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63 | 68 | | persons named in the application. Such license shall not be transferable 38 |
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64 | 69 | | or assignable. Licenses shall be posted in a conspicuous place in the 39 |
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65 | 70 | | licensed premises. 40 |
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66 | 71 | | (b) [(1)] A nursing home license may be renewed biennially after [(A)] 41 |
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67 | 72 | | (1) an unscheduled inspection conducted by the department, [(B)] (2) 42 |
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68 | 73 | | submission of the information required by section 19a-491a, and [(C)] 43 |
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69 | 74 | | (3) submission of evidence satisfactory to the department that the 44 |
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70 | 75 | | nursing home is in compliance with the provisions of this chapter, the 45 |
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71 | 76 | | regulations of Connecticut state agencies and licensing regulations. 46 |
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82 | | - | in section 19a-490,] owned by an individual, partnership or association 51 |
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83 | | - | or the change in ownership or beneficial ownership of [ten per cent or 52 |
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84 | | - | more of the stock of a corporation] the entity which owns, conducts, 53 |
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85 | | - | operates or maintains such facility or institution, including a change in 54 |
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86 | | - | ownership or beneficial ownership resulting in a transfer to a person 55 |
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87 | | - | related by blood or marriage to such an owner or beneficial owner, shall 56 |
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88 | | - | be subject to prior approval of the department. [after a scheduled 57 |
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89 | | - | inspection of such facility or institution is conducted by the department, 58 |
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90 | | - | provided such approval shall be conditioned upon a showing by such 59 |
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91 | | - | facility or institution to the commissioner that it has complied with all 60 |
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92 | | - | requirements of this chapter, the regulations relating to licensure and all 61 |
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93 | | - | applicable requirements of the regulations of Connecticut state agencies. 62 |
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94 | | - | Any such change in ownership or beneficial ownership resulting in a 63 |
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95 | | - | transfer to a person related by blood or marriage to such an owner or 64 |
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96 | | - | beneficial owner shall not be subject to prior approval of the department 65 |
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97 | | - | unless: (A) Ownership or beneficial ownership of ten per cent or more 66 |
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98 | | - | of the stock of a corporation, limited liability company, partnership or 67 |
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99 | | - | association which owns, conducts, operates or maintains more than one 68 |
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100 | | - | facility or institution is transferred; (B) ownership or beneficial 69 |
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101 | | - | ownership is transferred in more than one facility or institution; or (C) 70 |
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102 | | - | the facility or institution is the subject of a pending complaint, 71 |
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103 | | - | investigation or licensure action. If the facility or institution is not in 72 |
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104 | | - | compliance, the commissioner may require the new owner to sign a 73 |
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105 | | - | consent order providing reasonable assurances that the violations shall 74 |
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106 | | - | be corrected within a specified period of time. Notice of any such 75 |
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107 | | - | proposed change of ownership shall be given to the department at least 76 |
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108 | | - | one hundred twenty days prior to the effective date of such proposed 77 |
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109 | | - | change.] 78 |
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110 | | - | (2) Not later than one hundred twenty days before the proposed date 79 |
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111 | | - | of a change in ownership of a facility or institution, the proposed new 80 |
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112 | | - | owner of such facility or institution shall submit an application for 81 |
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113 | | - | approval to the department pursuant to subdivision (1) of this 82 |
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114 | | - | subsection. Such application shall be in a form and manner prescribed 83 |
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115 | | - | by the commissioner and shall include, but need not be limited to, the 84 Substitute Bill No. 5481 |
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| 82 | + | LCO No. 3343 3 of 7 |
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| 83 | + | |
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| 84 | + | Any change in the ownership of a facility or institution [, as defined in 49 |
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| 85 | + | section 19a-490,] owned by an individual, partnership or association or 50 |
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| 86 | + | the change in ownership or beneficial ownership of [ten per cent or more 51 |
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| 87 | + | of the stock of a corporation] the entity which owns, conducts, operates 52 |
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| 88 | + | or maintains such facility or institution, including a change in 53 |
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| 89 | + | ownership or beneficial ownership resulting in a transfer to a person 54 |
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| 90 | + | related by blood or marriage to such an owner or beneficial owner, shall 55 |
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| 91 | + | be subject to prior approval of the department. [after a scheduled 56 |
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| 92 | + | inspection of such facility or institution is conducted by the department, 57 |
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| 93 | + | provided such approval shall be conditioned upon a showing by such 58 |
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| 94 | + | facility or institution to the commissioner that it has complied with all 59 |
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| 95 | + | requirements of this chapter, the regulations relating to licensure and all 60 |
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| 96 | + | applicable requirements of the regulations of Connecticut state agencies. 61 |
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| 97 | + | Any such change in ownership or beneficial ownership resulting in a 62 |
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| 98 | + | transfer to a person related by blood or marriage to such an owner or 63 |
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| 99 | + | beneficial owner shall not be subject to prior approval of the department 64 |
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| 100 | + | unless: (A) Ownership or beneficial ownership of ten per cent or more 65 |
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| 101 | + | of the stock of a corporation, limited liability company, partnership or 66 |
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| 102 | + | association which owns, conducts, operates or maintains more than one 67 |
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| 103 | + | facility or institution is transferred; (B) ownership or beneficial 68 |
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| 104 | + | ownership is transferred in more than one facility or institution; or (C) 69 |
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| 105 | + | the facility or institution is the subject of a pending complaint, 70 |
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| 106 | + | investigation or licensure action. If the facility or institution is not in 71 |
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| 107 | + | compliance, the commissioner may require the new owner to sign a 72 |
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| 108 | + | consent order providing reasonable assurances that the violations shall 73 |
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| 109 | + | be corrected within a specified period of time. Notice of any such 74 |
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| 110 | + | proposed change of ownership shall be given to the department at least 75 |
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| 111 | + | one hundred twenty days prior to the effective date of such proposed 76 |
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| 112 | + | change.] 77 |
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| 113 | + | (2) Not later than one hundred twenty days before the proposed date 78 |
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| 114 | + | of a change in ownership of a facility or institution, the proposed new 79 |
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| 115 | + | owner of such facility or institution shall submit an application for 80 |
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| 116 | + | approval to the department pursuant to subdivision (1) of this 81 |
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| 117 | + | subsection. Such application shall be in a form and manner prescribed 82 Raised Bill No. 5481 |
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122 | | - | following: (A) A cover letter stating the applicant's intent to purchase 85 |
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123 | | - | the facility or institution and identification of the facility or institution 86 |
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124 | | - | by name, address, county and number and type of beds licensed by the 87 |
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125 | | - | department; (B) a description of the proposed transaction, including the 88 |
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126 | | - | name of each current owner of the facility or institution; (C) the name of 89 |
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127 | | - | each proposed new owner; (D) the name of each owner of any 90 |
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128 | | - | nonpublicly traded parent corporation of each proposed new owner; (E) 91 |
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129 | | - | if applicable, the proposed new owner's organizational chart, such 92 |
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130 | | - | proposed new owner's parent corporation's organizational chart, and 93 |
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131 | | - | the organizational chart of each wholly-owned subsidiary of such 94 |
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132 | | - | proposed new owner; (F) a copy of the agreement of sale and, if 95 |
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133 | | - | applicable, a copy of any lease or management agreements; (G) a 96 |
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134 | | - | projection of profits and losses and a capital budget projection, 97 |
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135 | | - | including, but not limited to, accounts payable with amount due, days 98 |
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136 | | - | overdue and details of payment to all such accounts, for the three years 99 |
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137 | | - | following the change in ownership; (H) the name and address of any 100 |
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138 | | - | licensed health care facility owned, operated or managed by each 101 |
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139 | | - | proposed owner in the United States or any territory of the United States 102 |
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140 | | - | during the five years preceding the date on which such application is 103 |
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141 | | - | submitted and audited financial statements for each such facility for the 104 |
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142 | | - | three years preceding the date on which such application is submitted; 105 |
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143 | | - | (I) disclosure of any direct or indirect interests, including such interests 106 |
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144 | | - | in intermediate entities and parent, management and property 107 |
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145 | | - | companies and other related entities; (J) a statement that the facility or 108 |
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146 | | - | institution is not the subject of a pending complaint, investigation or 109 |
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147 | | - | licensure action in the state or reciprocal action in another state; (K) 110 |
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148 | | - | disclosure of whether the facility or institution has been subject to (i) 111 |
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149 | | - | three or more civil penalties imposed through final order of the 112 |
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150 | | - | commissioner in accordance with the provisions of sections 19a-524 to 113 |
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151 | | - | 19a-528, inclusive, or civil penalties imposed pursuant to the laws or 114 |
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152 | | - | regulations of another state during the two-year period preceding the 115 |
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153 | | - | date on which such application is submitted, or (ii) sanctions, other than 116 |
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154 | | - | civil penalties less than or equal to twenty thousand dollars, imposed in 117 |
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155 | | - | any state through final adjudication under the Medicare or Medicaid 118 |
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156 | | - | program pursuant to Title XVIII or XIX of the federal Social Security Act, 119 Substitute Bill No. 5481 |
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| 121 | + | LCO No. 3343 4 of 7 |
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| 122 | + | |
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| 123 | + | by the commissioner and shall include, but need not be limited to, the 83 |
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| 124 | + | following: (A) A cover letter stating the applicant's intent to purchase 84 |
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| 125 | + | the facility or institution and identification of the facility or institution 85 |
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| 126 | + | by name, address, county and number and type of beds licensed by the 86 |
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| 127 | + | department; (B) a description of the proposed transaction, including the 87 |
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| 128 | + | name of each current owner of the facility or institution; (C) the name of 88 |
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| 129 | + | each proposed new owner; (D) the name of each owner of any 89 |
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| 130 | + | nonpublicly traded parent corporation of each proposed new owner; (E) 90 |
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| 131 | + | if applicable, the proposed new owner's organizational chart, such 91 |
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| 132 | + | proposed new owner's parent corporation's organizational chart, and 92 |
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| 133 | + | the organizational chart of each wholly-owned subsidiary of such 93 |
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| 134 | + | proposed new owner; (F) a copy of the agreement of sale and, if 94 |
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| 135 | + | applicable, a copy of any lease or management agreements; (G) a 95 |
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| 136 | + | projection of profits and losses and a capital budget projection, 96 |
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| 137 | + | including, but not limited to, accounts payable with amount due, days 97 |
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| 138 | + | overdue and details of payment to all such accounts, for the three years 98 |
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| 139 | + | following the change in ownership, (H) the name and address of any 99 |
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| 140 | + | licensed health care facility owned, operated or managed by each 100 |
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| 141 | + | proposed owner in the United States or any territory of the United States 101 |
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| 142 | + | during the five years preceding the date on which such application is 102 |
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| 143 | + | submitted and audited financial statements for each such facility for the 103 |
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| 144 | + | three years preceding the date on which such application is submitted; 104 |
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| 145 | + | (I) disclosure of any direct or indirect interests, including such interests 105 |
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| 146 | + | in intermediate entities and parent, management and property 106 |
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| 147 | + | companies and other related entities; (J) a statement that the facility or 107 |
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| 148 | + | institution is not the subject of a pending complaint, investigation or 108 |
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| 149 | + | licensure action in the state or reciprocal action in another state; (K) 109 |
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| 150 | + | disclosure of whether the facility or institution has been subject to (i) 110 |
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| 151 | + | three or more civil penalties imposed through final order of the 111 |
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| 152 | + | commissioner in accordance with the provisions of sections 19a-524 to 112 |
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| 153 | + | 19a-528, inclusive, or civil penalties imposed pursuant to the laws or 113 |
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| 154 | + | regulations of another state during the two-year period preceding the 114 |
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| 155 | + | date on which such application is submitted, or (ii) sanctions, other than 115 |
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| 156 | + | civil penalties less than or equal to twenty thousand dollars, imposed in 116 |
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| 157 | + | any state through final adjudication under the Medicare or Medicaid 117 Raised Bill No. 5481 |
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163 | | - | 42 USC 301, as amended from time to time; and (L) disclosure of 120 |
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164 | | - | whether any proposed new owner's Medicare or Medicaid provider 121 |
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165 | | - | agreement has been terminated or not renewed in any state. For the 122 |
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166 | | - | purposes of this subdivision, "organizational chart" means a graphical 123 |
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167 | | - | representation of an organization, including, but not limited to, the 124 |
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168 | | - | relationships between such organization's employees, departments and 125 |
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169 | | - | the jobs within such organization. 126 |
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170 | | - | (3) After receiving an application for change in ownership, the 127 |
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171 | | - | department shall schedule an inspection of such facility or institution to 128 |
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172 | | - | determine if the facility or institution has complied with the 129 |
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173 | | - | requirements of this chapter and the regulations of Connecticut state 130 |
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174 | | - | agencies relating to licensure of such facility or institution. If a facility 131 |
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175 | | - | or institution is not in compliance with the requirements of a corrective 132 |
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176 | | - | action plan or in violation of any provision of the general statutes or the 133 |
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177 | | - | regulations of Connecticut state agencies, the commissioner may deny 134 |
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178 | | - | the applicant's change in ownership or require the proposed new owner 135 |
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179 | | - | to sign a consent order, which shall include, but need not be limited to, 136 |
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180 | | - | the implementation of a corrective action plan for any such violation 137 |
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181 | | - | within a specified time period. The commissioner may assess a civil 138 |
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182 | | - | penalty of not more than one thousand dollars for each day the owner 139 |
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183 | | - | of the facility or institution is in violation of any provision of the general 140 |
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184 | | - | statutes or the regulations of Connecticut state agencies or such consent 141 |
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185 | | - | order. If the commissioner disapproves a change in ownership, a person 142 |
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186 | | - | related by blood or marriage to the applicant may not apply to acquire 143 |
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187 | | - | ownership interest in the facility or institution. For the purposes of this 144 |
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188 | | - | subdivision, "a person related by blood or marriage" means a parent, 145 |
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189 | | - | spouse, child, brother, sister, aunt, uncle, niece or nephew. 146 |
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190 | | - | (4) For the purposes of this [subdivision] subsection, a change in the 147 |
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191 | | - | legal form of the ownership entity, including, but not limited to, changes 148 |
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192 | | - | from a corporation to a limited liability company, a partnership to a 149 |
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193 | | - | limited liability partnership, a sole proprietorship to a corporation and 150 |
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194 | | - | similar changes, shall not be considered a change of ownership if the 151 |
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195 | | - | beneficial ownership remains unchanged and the owner provides such 152 Substitute Bill No. 5481 |
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| 161 | + | LCO No. 3343 5 of 7 |
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| 162 | + | |
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| 163 | + | program pursuant to Title XVIII or XIX of the federal Social Security Act, 118 |
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| 164 | + | 42 USC 301, as amended from time to time; and (L) disclosure of 119 |
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| 165 | + | whether any proposed new owner's Medicare or Medicaid provider 120 |
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| 166 | + | agreement has been terminated or not renewed in any state. For the 121 |
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| 167 | + | purposes of this subdivision, "organizational chart" means a graphical 122 |
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| 168 | + | representation of an organization, including, but not limited to, the 123 |
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| 169 | + | relationships between such organization's employees, departments and 124 |
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| 170 | + | the jobs within such organization. 125 |
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| 171 | + | (3) After receiving an application, the department shall schedule an 126 |
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| 172 | + | inspection of such facility or institution to determine if the facility or 127 |
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| 173 | + | institution has complied with the requirements of this chapter and the 128 |
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| 174 | + | regulations of Connecticut state agencies relating to licensure of such 129 |
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| 175 | + | facility or institution. If an applicant is not in compliance with the 130 |
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| 176 | + | requirements of a corrective action plan or in violation of any provision 131 |
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| 177 | + | of the general statutes or the regulations of Connecticut state agencies, 132 |
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| 178 | + | the commissioner may deny the applicant's change in ownership or 133 |
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| 179 | + | require the proposed new owner to sign a consent order, which shall 134 |
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| 180 | + | include, but need not be limited to, the implementation of a corrective 135 |
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| 181 | + | action plan for any such violation within a specified time period. The 136 |
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| 182 | + | commissioner may assess a civil penalty of not more than one thousand 137 |
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| 183 | + | dollars for each day the owner of the facility or institution is in violation 138 |
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| 184 | + | of any provision of the general statutes or the regulations of Connecticut 139 |
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| 185 | + | state agencies or such consent order. If the commissioner disapproves a 140 |
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| 186 | + | change in ownership, a person related by blood or marriage to the 141 |
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| 187 | + | applicant may not apply to acquire ownership interest in the facility or 142 |
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| 188 | + | institution. For the purposes of this subdivision, "a person related by 143 |
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| 189 | + | blood or marriage" means a parent, spouse, child, brother, sister, aunt, 144 |
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| 190 | + | uncle, niece or nephew. 145 |
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| 191 | + | (4) For the purposes of this [subdivision] subsection, a change in the 146 |
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| 192 | + | legal form of the ownership entity, including, but not limited to, changes 147 |
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| 193 | + | from a corporation to a limited liability company, a partnership to a 148 |
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| 194 | + | limited liability partnership, a sole proprietorship to a corporation and 149 |
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| 195 | + | similar changes, shall not be considered a change of ownership if the 150 |
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| 196 | + | beneficial ownership remains unchanged and the owner provides such 151 Raised Bill No. 5481 |
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202 | | - | information regarding the change to the department as may be required 153 |
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203 | | - | by the department in order to properly identify the current status of 154 |
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204 | | - | ownership and beneficial ownership of the facility or institution. For the 155 |
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205 | | - | purposes of this subdivision, a public offering of the stock of any 156 |
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206 | | - | corporation that owns, conducts, operates or maintains any such facility 157 |
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207 | | - | or institution shall not be considered a change in ownership or beneficial 158 |
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208 | | - | ownership of such facility or institution if the licensee and the officers 159 |
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209 | | - | and directors of such corporation remain unchanged, such public 160 |
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210 | | - | offering cannot result in an individual or entity owning ten per cent or 161 |
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211 | | - | more of the stock of such corporation, and the owner provides such 162 |
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212 | | - | information to the department as may be required by the department in 163 |
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213 | | - | order to properly identify the current status of ownership and beneficial 164 |
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214 | | - | ownership of the facility or institution. 165 |
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215 | | - | [(c)] (d) (1) A multicare institution may, under the terms of its existing 166 |
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216 | | - | license, provide behavioral health services or substance use disorder 167 |
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217 | | - | treatment services on the premises of more than one facility, at a satellite 168 |
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218 | | - | unit or at another location outside of its facilities or satellite units that is 169 |
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219 | | - | acceptable to the patient receiving services and is consistent with the 170 |
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220 | | - | patient's assessment and treatment plan. Such behavioral health 171 |
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221 | | - | services or substance use disorder treatment services may include 172 |
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222 | | - | methadone delivery and related substance use treatment services to 173 |
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223 | | - | persons in a nursing home facility pursuant to the provisions of section 174 |
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224 | | - | 19a-495c. 175 |
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225 | | - | (2) Any multicare institution that intends to offer services at a satellite 176 |
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226 | | - | unit or other location outside of its facilities or satellite units shall submit 177 |
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227 | | - | an application for approval to offer services at such location to the 178 |
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228 | | - | Department of Public Health. Such application shall be submitted on a 179 |
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229 | | - | form and in the manner prescribed by the Commissioner of Public 180 |
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230 | | - | Health. Not later than forty-five days after receipt of such application, 181 |
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231 | | - | the commissioner shall notify the multicare institution of the approval 182 |
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232 | | - | or denial of such application. If the satellite unit or other location is 183 |
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233 | | - | approved, that satellite unit or location shall be deemed to be licensed 184 |
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234 | | - | in accordance with this section and shall comply with the applicable 185 Substitute Bill No. 5481 |
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| 200 | + | LCO No. 3343 6 of 7 |
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| 201 | + | |
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| 202 | + | information regarding the change to the department as may be required 152 |
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| 203 | + | by the department in order to properly identify the current status of 153 |
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| 204 | + | ownership and beneficial ownership of the facility or institution. For the 154 |
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| 205 | + | purposes of this subdivision, a public offering of the stock of any 155 |
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| 206 | + | corporation that owns, conducts, operates or maintains any such facility 156 |
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| 207 | + | or institution shall not be considered a change in ownership or beneficial 157 |
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| 208 | + | ownership of such facility or institution if the licensee and the officers 158 |
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| 209 | + | and directors of such corporation remain unchanged, such public 159 |
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| 210 | + | offering cannot result in an individual or entity owning ten per cent or 160 |
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| 211 | + | more of the stock of such corporation, and the owner provides such 161 |
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| 212 | + | information to the department as may be required by the department in 162 |
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| 213 | + | order to properly identify the current status of ownership and beneficial 163 |
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| 214 | + | ownership of the facility or institution. 164 |
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| 215 | + | [(c)] (d) (1) A multicare institution may, under the terms of its existing 165 |
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| 216 | + | license, provide behavioral health services or substance use disorder 166 |
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| 217 | + | treatment services on the premises of more than one facility, at a satellite 167 |
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| 218 | + | unit or at another location outside of its facilities or satellite units that is 168 |
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| 219 | + | acceptable to the patient receiving services and is consistent with the 169 |
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| 220 | + | patient's assessment and treatment plan. Such behavioral health 170 |
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| 221 | + | services or substance use disorder treatment services may include 171 |
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| 222 | + | methadone delivery and related substance use treatment services to 172 |
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| 223 | + | persons in a nursing home facility pursuant to the provisions of section 173 |
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| 224 | + | 19a-495c. 174 |
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| 225 | + | (2) Any multicare institution that intends to offer services at a satellite 175 |
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| 226 | + | unit or other location outside of its facilities or satellite units shall submit 176 |
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| 227 | + | an application for approval to offer services at such location to the 177 |
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| 228 | + | Department of Public Health. Such application shall be submitted on a 178 |
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| 229 | + | form and in the manner prescribed by the Commissioner of Public 179 |
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| 230 | + | Health. Not later than forty-five days after receipt of such application, 180 |
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| 231 | + | the commissioner shall notify the multicare institution of the approval 181 |
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| 232 | + | or denial of such application. If the satellite unit or other location is 182 |
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| 233 | + | approved, that satellite unit or location shall be deemed to be licensed 183 |
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| 234 | + | in accordance with this section and shall comply with the applicable 184 |
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| 235 | + | requirements of this chapter and regulations adopted under this 185 Raised Bill No. 5481 |
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241 | | - | requirements of this chapter and regulations adopted under this 186 |
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242 | | - | chapter. 187 |
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243 | | - | (3) A multicare institution that is a hospital providing outpatient 188 |
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244 | | - | behavioral health services or other health care services shall provide the 189 |
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245 | | - | Department of Public Health with a list of satellite units or locations 190 |
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246 | | - | when completing the initial or renewal licensure application. 191 |
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247 | | - | (4) The Commissioner of Public Health may adopt regulations, in 192 |
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248 | | - | accordance with the provisions of chapter 54, to carry out the provisions 193 |
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249 | | - | of this subsection. The Commissioner of Public Health may implement 194 |
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250 | | - | policies and procedures necessary to administer the provisions of this 195 |
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251 | | - | subsection while in the process of adopting such policies and 196 |
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252 | | - | procedures as regulation, provided the commissioner prints notice of 197 |
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253 | | - | intent to adopt regulations in the Connecticut Law Journal not later than 198 |
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254 | | - | twenty days after the date of implementation. Policies and procedures 199 |
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255 | | - | implemented pursuant to this section shall be valid until the time final 200 |
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256 | | - | regulations are adopted. 201 |
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257 | | - | Sec. 2. Subsection (a) of section 19a-528a of the general statutes is 202 |
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258 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, 203 |
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259 | | - | 2022): 204 |
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260 | | - | (a) For any application of licensure for the acquisition of a nursing 205 |
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261 | | - | home, any potential nursing home licensee or owner shall submit in 206 |
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262 | | - | writing, a change in ownership application with respect to the facility 207 |
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263 | | - | for which the change in ownership is sought. The application shall be 208 |
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264 | | - | submitted in the form and manner prescribed by the Commissioner of 209 |
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265 | | - | Public Health. The commissioner shall include on the first page of the 210 |
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266 | | - | application the following statement: "NOTICE: The State of Connecticut 211 |
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267 | | - | values the quality of care provided to all nursing home residents. Please 212 |
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268 | | - | know that any nursing home licensee, owner or officer, including, but 213 |
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269 | | - | not limited to, a director, trustee, limited partner, managing partner, 214 |
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270 | | - | general partner or any person having [at least a ten per cent] an 215 |
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271 | | - | ownership interest in the nursing home or the entity that owns the 216 |
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272 | | - | nursing home, and any administrator, assistant administrator, medical 217 Substitute Bill No. 5481 |
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| 239 | + | LCO No. 3343 7 of 7 |
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274 | | - | |
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275 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05481- |
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276 | | - | R01-HB.docx } |
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277 | | - | 8 of 8 |
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278 | | - | |
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279 | | - | director, director of nursing or assistant director of nursing may be 218 |
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280 | | - | subject to civil and criminal liability, as well as administrative sanctions 219 |
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281 | | - | under applicable federal and state law, for the abuse or neglect of a 220 |
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282 | | - | resident of the nursing home perpetrated by an employee of the nursing 221 |
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283 | | - | home.". 222 |
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| 241 | + | chapter. 186 |
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| 242 | + | (3) A multicare institution that is a hospital providing outpatient 187 |
---|
| 243 | + | behavioral health services or other health care services shall provide the 188 |
---|
| 244 | + | Department of Public Health with a list of satellite units or locations 189 |
---|
| 245 | + | when completing the initial or renewal licensure application. 190 |
---|
| 246 | + | (4) The Commissioner of Public Health may adopt regulations, in 191 |
---|
| 247 | + | accordance with the provisions of chapter 54, to carry out the provisions 192 |
---|
| 248 | + | of this subsection. The Commissioner of Public Health may implement 193 |
---|
| 249 | + | policies and procedures necessary to administer the provisions of this 194 |
---|
| 250 | + | subsection while in the process of adopting such policies and 195 |
---|
| 251 | + | procedures as regulation, provided the commissioner prints notice of 196 |
---|
| 252 | + | intent to adopt regulations in the Connecticut Law Journal not later than 197 |
---|
| 253 | + | twenty days after the date of implementation. Policies and procedures 198 |
---|
| 254 | + | implemented pursuant to this section shall be valid until the time final 199 |
---|
| 255 | + | regulations are adopted. 200 |
---|