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3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500-R01- | |
4 | + | HB.docx | |
5 | + | 1 of 42 | |
6 | + | ||
7 | + | General Assembly Substitute Bill No. 5500 | |
8 | + | February Session, 2022 | |
1 | 9 | ||
2 | 10 | ||
3 | 11 | ||
4 | - | Substitute House Bill No. 5500 | |
5 | - | ||
6 | - | Public Act No. 22-58 | |
7 | 12 | ||
8 | 13 | ||
9 | 14 | AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S | |
10 | 15 | RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO THE | |
11 | 16 | PUBLIC HEALTH STATUTES. | |
12 | 17 | Be it enacted by the Senate and House of Representatives in General | |
13 | 18 | Assembly convened: | |
14 | 19 | ||
15 | - | Section 1. Section 19a-490 of the 2022 supplement to the general | |
16 | - | statutes, as amended by sections 29 and 30 of public act 21-2 of the June | |
17 | - | special session, is repealed and the following is substituted in lieu | |
18 | - | thereof (Effective October 1, 2022): | |
19 | - | As used in this chapter, unless the context otherwise requires: | |
20 | - | (a) "Institution" means a hospital, short-term hospital special hospice, | |
21 | - | hospice inpatient facility, residential care home, nursing home facility, | |
22 | - | home health care agency, home health aide agency, behavioral health | |
23 | - | facility, assisted living services agency, substance abuse treatment | |
24 | - | facility, outpatient surgical facility, outpatient clinic, clinical laboratory, | |
25 | - | an infirmary operated by an educational institution for the care of | |
26 | - | students enrolled in, and faculty and employees of, such institution; a | |
27 | - | facility engaged in providing services for the prevention, diagnosis, | |
28 | - | treatment or care of human health conditions, including facilities | |
29 | - | operated and maintained by any state agency; and a residential facility | |
30 | - | for persons with intellectual disability licensed pursuant to section 17a- Substitute House Bill No. 5500 | |
20 | + | Section 1. Section 19a-490 of the 2022 supplement to the general 1 | |
21 | + | statutes, as amended by sections 29 and 30 of public act 21-2 of the June 2 | |
22 | + | special session, is repealed and the following is substituted in lieu 3 | |
23 | + | thereof (Effective October 1, 2022): 4 | |
24 | + | As used in this chapter, unless the context otherwise requires: 5 | |
25 | + | (a) "Institution" means a hospital, short-term hospital special hospice, 6 | |
26 | + | hospice inpatient facility, residential care home, nursing home facility, 7 | |
27 | + | home health care agency, home health aide agency, behavioral health 8 | |
28 | + | facility, assisted living services agency, substance abuse treatment 9 | |
29 | + | facility, outpatient surgical facility, outpatient clinic, clinical laboratory, 10 | |
30 | + | an infirmary operated by an educational institution for the care of 11 | |
31 | + | students enrolled in, and faculty and employees of, such institution; a 12 | |
32 | + | facility engaged in providing services for the prevention, diagnosis, 13 | |
33 | + | treatment or care of human health conditions, including facilities 14 | |
34 | + | operated and maintained by any state agency; and a residential facility 15 | |
35 | + | for persons with intellectual disability licensed pursuant to section 17a-16 | |
36 | + | 227 and certified to participate in the Title XIX Medicaid program as an 17 Substitute Bill No. 5500 | |
31 | 37 | ||
32 | - | Public Act No. 22-58 2 of 100 | |
33 | 38 | ||
34 | - | 227 and certified to participate in the Title XIX Medicaid program as an | |
35 | - | intermediate care facility for individuals with intellectual disability. | |
36 | - | "Institution" does not include any facility for the care and treatment of | |
37 | - | persons with mental illness or substance use disorder operated or | |
38 | - | maintained by any state agency, except Whiting Forensic Hospital and | |
39 | - | the hospital and psychiatric residential treatment facility units of the | |
40 | - | Albert J. Solnit Children's Center; | |
41 | - | (b) "Hospital" means an establishment for the lodging, care and | |
42 | - | treatment of persons suffering from disease or other abnormal physical | |
43 | - | or mental conditions and includes inpatient psychiatric services in | |
44 | - | general hospitals; | |
45 | - | (c) "Residential care home" or "rest home" means a community | |
46 | - | residence that furnishes, in single or multiple facilities, food and shelter | |
47 | - | to two or more persons unrelated to the proprietor and, in addition, | |
48 | - | provides services that meet a need beyond the basic provisions of food, | |
49 | - | shelter and laundry and may qualify as a setting that allows residents to | |
50 | - | receive home and community-based services funded by state and | |
51 | - | federal programs; | |
52 | - | (d) "Home health care agency" means a public or private | |
53 | - | organization, or a subdivision thereof, engaged in providing | |
54 | - | professional nursing services and the following services, available | |
55 | - | twenty-four hours per day, in the patient's home or a substantially | |
56 | - | equivalent environment: Home health aide services as defined in this | |
57 | - | section, physical therapy, speech therapy, occupational therapy or | |
58 | - | medical social services. The agency shall provide professional nursing | |
59 | - | services and at least one additional service directly and all others | |
60 | - | directly or through contract. An agency shall be available to enroll new | |
61 | - | patients seven days a week, twenty-four hours per day; | |
62 | - | (e) "Home health aide agency" means a public or private | |
63 | - | organization, except a home health care agency, which provides in the Substitute House Bill No. 5500 | |
39 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
40 | + | R01-HB.docx } | |
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64 | 42 | ||
65 | - | Public Act No. 22-58 3 of 100 | |
43 | + | intermediate care facility for individuals with intellectual disability. 18 | |
44 | + | "Institution" does not include any facility for the care and treatment of 19 | |
45 | + | persons with mental illness or substance use disorder operated or 20 | |
46 | + | maintained by any state agency, except Whiting Forensic Hospital and 21 | |
47 | + | the hospital and psychiatric residential treatment facility units of the 22 | |
48 | + | Albert J. Solnit Children's Center; 23 | |
49 | + | (b) "Hospital" means an establishment for the lodging, care and 24 | |
50 | + | treatment of persons suffering from disease or other abnormal physical 25 | |
51 | + | or mental conditions and includes inpatient psychiatric services in 26 | |
52 | + | general hospitals; 27 | |
53 | + | (c) "Residential care home" or "rest home" means a community 28 | |
54 | + | residence that furnishes, in single or multiple facilities, food and shelter 29 | |
55 | + | to two or more persons unrelated to the proprietor and, in addition, 30 | |
56 | + | provides services that meet a need beyond the basic provisions of food, 31 | |
57 | + | shelter and laundry and may qualify as a setting that allows residents to 32 | |
58 | + | receive home and community-based services funded by state and 33 | |
59 | + | federal programs; 34 | |
60 | + | (d) "Home health care agency" means a public or private 35 | |
61 | + | organization, or a subdivision thereof, engaged in providing 36 | |
62 | + | professional nursing services and the following services, available 37 | |
63 | + | twenty-four hours per day, in the patient's home or a substantially 38 | |
64 | + | equivalent environment: Home health aide services as defined in this 39 | |
65 | + | section, physical therapy, speech therapy, occupational therapy or 40 | |
66 | + | medical social services. The agency shall provide professional nursing 41 | |
67 | + | services and at least one additional service directly and all others 42 | |
68 | + | directly or through contract. An agency shall be available to enroll new 43 | |
69 | + | patients seven days a week, twenty-four hours per day; 44 | |
70 | + | (e) "Home health aide agency" means a public or private 45 | |
71 | + | organization, except a home health care agency, which provides in the 46 | |
72 | + | patient's home or a substantially equivalent environment supportive 47 | |
73 | + | services which may include, but are not limited to, assistance with 48 | |
74 | + | personal hygiene, dressing, feeding and incidental household tasks 49 Substitute Bill No. 5500 | |
66 | 75 | ||
67 | - | patient's home or a substantially equivalent environment supportive | |
68 | - | services which may include, but are not limited to, assistance with | |
69 | - | personal hygiene, dressing, feeding and incidental household tasks | |
70 | - | essential to achieving adequate household and family management. | |
71 | - | Such supportive services shall be provided under the supervision of a | |
72 | - | registered nurse and, if such nurse determines appropriate, shall be | |
73 | - | provided by a social worker, physical therapist, speech therapist or | |
74 | - | occupational therapist. Such supervision may be provided directly or | |
75 | - | through contract; | |
76 | - | (f) "Home health aide services" as defined in this section shall not | |
77 | - | include services provided to assist individuals with activities of daily | |
78 | - | living when such individuals have a disease or condition that is chronic | |
79 | - | and stable as determined by a physician licensed in the state; | |
80 | - | (g) "Behavioral health facility" means any facility that provides | |
81 | - | mental health services to persons eighteen years of age or older or | |
82 | - | substance use disorder services to persons of any age in an outpatient | |
83 | - | treatment or residential setting to ameliorate mental, emotional, | |
84 | - | behavioral or substance use disorder issues; | |
85 | - | (h) ["Alcohol or drug treatment facility" means any facility for the | |
86 | - | care or treatment of persons suffering from alcoholism or other drug | |
87 | - | addiction] "Clinical laboratory" means any facility or other area used for | |
88 | - | microbiological, serological, chemical, hematological, | |
89 | - | immunohematological, biophysical, cytological, pathological or other | |
90 | - | examinations of human body fluids, secretions, excretions or excised or | |
91 | - | exfoliated tissues for the purpose of providing information for the (1) | |
92 | - | diagnosis, prevention or treatment of any human disease or | |
93 | - | impairment, (2) assessment of human health, or (3) assessment of the | |
94 | - | presence of drugs, poisons or other toxicological substances; | |
95 | - | (i) "Person" means any individual, firm, partnership, corporation, | |
96 | - | limited liability company or association; Substitute House Bill No. 5500 | |
97 | 76 | ||
98 | - | Public Act No. 22-58 4 of 100 | |
77 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
78 | + | R01-HB.docx } | |
79 | + | 3 of 42 | |
99 | 80 | ||
100 | - | (j) "Commissioner" means the Commissioner of Public Health or the | |
101 | - | commissioner's designee; | |
102 | - | (k) "Home health agency" means an agency licensed as a home health | |
103 | - | care agency or a home health aide agency; | |
104 | - | (l) "Assisted living services agency" means an agency that provides, | |
105 | - | among other things, nursing services and assistance with activities of | |
106 | - | daily living to a population that is chronic and stable and may have a | |
107 | - | dementia special care unit or program as defined in section 19a-562; | |
108 | - | (m) "Outpatient clinic" means an organization operated by a | |
109 | - | municipality or a corporation, other than a hospital, that provides (1) | |
110 | - | ambulatory medical care, including preventive and health promotion | |
111 | - | services, (2) dental care, or (3) mental health services in conjunction with | |
112 | - | medical or dental care for the purpose of diagnosing or treating a health | |
113 | - | condition that does not require the patient's overnight care; | |
114 | - | (n) "Multicare institution" means a hospital that provides outpatient | |
115 | - | behavioral health services or other health care services, psychiatric | |
116 | - | outpatient clinic for adults, free-standing facility for the care or | |
117 | - | treatment of substance abusive or dependent persons, hospital for | |
118 | - | psychiatric disabilities, as defined in section 17a-495, or a general acute | |
119 | - | care hospital that provides outpatient behavioral health services that (1) | |
120 | - | is licensed in accordance with this chapter, (2) has more than one facility | |
121 | - | or one or more satellite units owned and operated by a single licensee, | |
122 | - | and (3) offers complex patient health care services at each facility or | |
123 | - | satellite unit. For purposes of this subsection, "satellite unit" means a | |
124 | - | location where a segregated unit of services is provided by the multicare | |
125 | - | institution; | |
126 | - | (o) "Nursing home" or "nursing home facility" means (1) any chronic | |
127 | - | and convalescent nursing home or any rest home with nursing | |
128 | - | supervision that provides nursing supervision under a medical director Substitute House Bill No. 5500 | |
81 | + | essential to achieving adequate household and family management. 50 | |
82 | + | Such supportive services shall be provided under the supervision of a 51 | |
83 | + | registered nurse and, if such nurse determines appropriate, shall be 52 | |
84 | + | provided by a social worker, physical therapist, speech therapist or 53 | |
85 | + | occupational therapist. Such supervision may be provided directly or 54 | |
86 | + | through contract; 55 | |
87 | + | (f) "Home health aide services" as defined in this section shall not 56 | |
88 | + | include services provided to assist individuals with activities of daily 57 | |
89 | + | living when such individuals have a disease or condition that is chronic 58 | |
90 | + | and stable as determined by a physician licensed in the state; 59 | |
91 | + | (g) "Behavioral health facility" means any facility that provides 60 | |
92 | + | mental health services to persons eighteen years of age or older or 61 | |
93 | + | substance use disorder services to persons of any age in an outpatient 62 | |
94 | + | treatment or residential setting to ameliorate mental, emotional, 63 | |
95 | + | behavioral or substance use disorder issues; 64 | |
96 | + | (h) ["Alcohol or drug treatment facility" means any facility for the 65 | |
97 | + | care or treatment of persons suffering from alcoholism or other drug 66 | |
98 | + | addiction] "Clinical laboratory" means any facility or other area used for 67 | |
99 | + | microbiological, serological, chemical, hematological, 68 | |
100 | + | immunohematological, biophysical, cytological, pathological or other 69 | |
101 | + | examinations of human body fluids, secretions, excretions or excised or 70 | |
102 | + | exfoliated tissues for the purpose of providing information for the (1) 71 | |
103 | + | diagnosis, prevention or treatment of any human disease or 72 | |
104 | + | impairment, (2) assessment of human health, or (3) presence of drugs, 73 | |
105 | + | poisons or other toxicological substances; 74 | |
106 | + | (i) "Person" means any individual, firm, partnership, corporation, 75 | |
107 | + | limited liability company or association; 76 | |
108 | + | (j) "Commissioner" means the Commissioner of Public Health or the 77 | |
109 | + | commissioner's designee; 78 | |
110 | + | (k) "Home health agency" means an agency licensed as a home health 79 | |
111 | + | care agency or a home health aide agency; 80 Substitute Bill No. 5500 | |
129 | 112 | ||
130 | - | Public Act No. 22-58 5 of 100 | |
131 | 113 | ||
132 | - | twenty-four hours per day, or (2) any chronic and convalescent nursing | |
133 | - | home that provides skilled nursing care under medical supervision and | |
134 | - | direction to carry out nonsurgical treatment and dietary procedures for | |
135 | - | chronic diseases, convalescent stages, acute diseases or injuries; | |
136 | - | (p) "Outpatient dialysis unit" means (1) an out-of-hospital out-patient | |
137 | - | dialysis unit that is licensed by the department to provide (A) services | |
138 | - | on an out-patient basis to persons requiring dialysis on a short-term | |
139 | - | basis or for a chronic condition, or (B) training for home dialysis, or (2) | |
140 | - | an in-hospital dialysis unit that is a special unit of a licensed hospital | |
141 | - | designed, equipped and staffed to (A) offer dialysis therapy on an out- | |
142 | - | patient basis, (B) provide training for home dialysis, and (C) perform | |
143 | - | renal transplantations; [and] | |
144 | - | (q) "Hospice agency" means a public or private organization that | |
145 | - | provides home care and hospice services to terminally ill patients; [.] | |
146 | - | (r) "Psychiatric residential treatment facility" means a nonhospital | |
147 | - | facility with a provider agreement with the Department of Social | |
148 | - | Services to provide inpatient services to Medicaid-eligible individuals | |
149 | - | under the age of twenty-one; [.] and | |
150 | - | (s) "Chronic disease hospital" means a long-term hospital having | |
151 | - | facilities, medical staff and all necessary personnel for the diagnosis, | |
152 | - | care and treatment of chronic diseases. | |
153 | - | Sec. 2. Subsection (a) of section 19a-491c of the 2022 supplement to | |
154 | - | the general statutes is repealed and the following is substituted in lieu | |
155 | - | thereof (Effective October 1, 2022): | |
156 | - | (a) As used in this section: | |
157 | - | (1) "Criminal history and patient abuse background search" or | |
158 | - | "background search" means (A) a review of the registry of nurse's aides | |
159 | - | maintained by the Department of Public Health pursuant to section 20- Substitute House Bill No. 5500 | |
114 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
115 | + | R01-HB.docx } | |
116 | + | 4 of 42 | |
160 | 117 | ||
161 | - | Public Act No. 22-58 6 of 100 | |
118 | + | (l) "Assisted living services agency" means an agency that provides, 81 | |
119 | + | among other things, nursing services and assistance with activities of 82 | |
120 | + | daily living to a population that is chronic and stable and may have a 83 | |
121 | + | dementia special care unit or program as defined in section 19a-562; 84 | |
122 | + | (m) "Outpatient clinic" means an organization operated by a 85 | |
123 | + | municipality or a corporation, other than a hospital, that provides (1) 86 | |
124 | + | ambulatory medical care, including preventive and health promotion 87 | |
125 | + | services, (2) dental care, or (3) mental health services in conjunction with 88 | |
126 | + | medical or dental care for the purpose of diagnosing or treating a health 89 | |
127 | + | condition that does not require the patient's overnight care; 90 | |
128 | + | (n) "Multicare institution" means a hospital that provides outpatient 91 | |
129 | + | behavioral health services or other health care services, psychiatric 92 | |
130 | + | outpatient clinic for adults, free-standing facility for the care or 93 | |
131 | + | treatment of substance abusive or dependent persons, hospital for 94 | |
132 | + | psychiatric disabilities, as defined in section 17a-495, or a general acute 95 | |
133 | + | care hospital that provides outpatient behavioral health services that (1) 96 | |
134 | + | is licensed in accordance with this chapter, (2) has more than one facility 97 | |
135 | + | or one or more satellite units owned and operated by a single licensee, 98 | |
136 | + | and (3) offers complex patient health care services at each facility or 99 | |
137 | + | satellite unit. For purposes of this subsection, "satellite unit" means a 100 | |
138 | + | location where a segregated unit of services is provided by the multicare 101 | |
139 | + | institution; 102 | |
140 | + | (o) "Nursing home" or "nursing home facility" means (1) any chronic 103 | |
141 | + | and convalescent nursing home or any rest home with nursing 104 | |
142 | + | supervision that provides nursing supervision under a medical director 105 | |
143 | + | twenty-four hours per day, or (2) any chronic and convalescent nursing 106 | |
144 | + | home that provides skilled nursing care under medical supervision and 107 | |
145 | + | direction to carry out nonsurgical treatment and dietary procedures for 108 | |
146 | + | chronic diseases, convalescent stages, acute diseases or injuries; 109 | |
147 | + | (p) "Outpatient dialysis unit" means (1) an out-of-hospital out-patient 110 | |
148 | + | dialysis unit that is licensed by the department to provide (A) services 111 | |
149 | + | on an out-patient basis to persons requiring dialysis on a short-term 112 Substitute Bill No. 5500 | |
162 | 150 | ||
163 | - | 102bb, (B) checks of state and national criminal history records | |
164 | - | conducted in accordance with section 29-17a, and (C) a review of any | |
165 | - | other registry specified by the Department of Public Health which the | |
166 | - | department deems necessary for the administration of a background | |
167 | - | search program. | |
168 | - | (2) "Direct access" means physical access to a patient or resident of a | |
169 | - | long-term care facility that affords an individual with the opportunity | |
170 | - | to commit abuse or neglect against or misappropriate the property of a | |
171 | - | patient or resident. | |
172 | - | (3) "Disqualifying offense" means a conviction of (A) any crime | |
173 | - | described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated | |
174 | - | finding of neglect, abuse or misappropriation of property by a state or | |
175 | - | federal agency pursuant to an investigation conducted in accordance | |
176 | - | with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a | |
177 | - | conviction of any crime described in section 53a-59a, 53a-60b, 53a-60c, | |
178 | - | 53a-61a, 53a-321, 53a-322 or 53a-323. | |
179 | - | (4) "Long-term care facility" means any facility, agency or provider | |
180 | - | that is a nursing home, as defined in section 19a-521, a residential care | |
181 | - | home, as defined in section 19a-521, a home health care agency, hospice | |
182 | - | agency or home health aide agency, as defined in section 19a-490, as | |
183 | - | amended by this act, an assisted living services agency, as defined in | |
184 | - | section 19a-490, as amended by this act, an intermediate care facility for | |
185 | - | individuals with intellectual disabilities, as defined in 42 USC 1396d(d), | |
186 | - | except any such facility operated by a Department of Developmental | |
187 | - | Services' program subject to background checks pursuant to section 17a- | |
188 | - | 227a, a chronic disease hospital, as defined in section [19a-550] 19a-490, | |
189 | - | as amended by this act, or an agency providing hospice care which is | |
190 | - | licensed to provide such care by the Department of Public Health or | |
191 | - | certified to provide such care pursuant to 42 USC 1395x. | |
192 | - | Sec. 3. Section 19a-535b of the general statutes is repealed and the Substitute House Bill No. 5500 | |
193 | 151 | ||
194 | - | Public Act No. 22-58 7 of 100 | |
152 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
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154 | + | 5 of 42 | |
195 | 155 | ||
196 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
197 | - | [(a) As used in this section, a "facility" means a chronic disease | |
198 | - | hospital which is a long-term hospital having facilities, medical staff and | |
199 | - | all necessary personnel for the diagnosis, care and treatment of chronic | |
200 | - | diseases.] | |
201 | - | [(b)] A [facility] chronic disease hospital shall not transfer or | |
202 | - | discharge a patient from [the facility] such hospital except for medical | |
203 | - | reasons, or for the patient's welfare or the welfare of other patients, as | |
204 | - | documented in the patient's medical record; or, in the case of a self pay | |
205 | - | patient, for nonpayment or arrearage of more than fifteen days of the | |
206 | - | per diem chronic disease hospital room rates for the patient's stay, | |
207 | - | except as prohibited by the Social Security Act. In the case of an | |
208 | - | involuntary transfer or discharge, the patient and, if known, the | |
209 | - | patient's legally liable relative, guardian or conservator and the patient's | |
210 | - | personal physician, if the discharge plan is prepared by the medical | |
211 | - | director of the chronic disease hospital, shall be given at least thirty | |
212 | - | days' written notice of the proposed action to ensure orderly transfer or | |
213 | - | discharge. | |
214 | - | Sec. 4. Subsection (a) of section 19a-537 of the general statutes is | |
215 | - | repealed and the following is substituted in lieu thereof (Effective October | |
216 | - | 1, 2022): | |
217 | - | (a) As used in this section and section 19a-537a: | |
218 | - | (1) "Vacancy" means a bed that is available for an admission; | |
219 | - | (2) "Nursing home" means any chronic and convalescent facility or | |
220 | - | any rest home with nursing supervision, as defined in section 19a-521; | |
221 | - | (3) "Hospital" means a general short-term hospital licensed by the | |
222 | - | Department of Public Health or a hospital for mental illness, as defined | |
223 | - | in section 17a-495, or a chronic disease hospital. [, as defined in section Substitute House Bill No. 5500 | |
156 | + | basis or for a chronic condition, or (B) training for home dialysis, or (2) 113 | |
157 | + | an in-hospital dialysis unit that is a special unit of a licensed hospital 114 | |
158 | + | designed, equipped and staffed to (A) offer dialysis therapy on an out-115 | |
159 | + | patient basis, (B) provide training for home dialysis, and (C) perform 116 | |
160 | + | renal transplantations; [and] 117 | |
161 | + | (q) "Hospice agency" means a public or private organization that 118 | |
162 | + | provides home care and hospice services to terminally ill patients; [.] 119 | |
163 | + | (r) "Psychiatric residential treatment facility" means a nonhospital 120 | |
164 | + | facility with a provider agreement with the Department of Social 121 | |
165 | + | Services to provide inpatient services to Medicaid-eligible individuals 122 | |
166 | + | under the age of twenty-one; [.] and 123 | |
167 | + | (s) "Chronic disease hospital" means a long-term hospital having 124 | |
168 | + | facilities, medical staff and all necessary personnel for the diagnosis, 125 | |
169 | + | care and treatment of chronic diseases. 126 | |
170 | + | Sec. 2. Subsection (a) of section 19a-491c of the 2022 supplement to 127 | |
171 | + | the general statutes is repealed and the following is substituted in lieu 128 | |
172 | + | thereof (Effective October 1, 2022): 129 | |
173 | + | (a) As used in this section: 130 | |
174 | + | (1) "Criminal history and patient abuse background search" or 131 | |
175 | + | "background search" means (A) a review of the registry of nurse's aides 132 | |
176 | + | maintained by the Department of Public Health pursuant to section 20-133 | |
177 | + | 102bb, (B) checks of state and national criminal history records 134 | |
178 | + | conducted in accordance with section 29-17a, and (C) a review of any 135 | |
179 | + | other registry specified by the Department of Public Health which the 136 | |
180 | + | department deems necessary for the administration of a background 137 | |
181 | + | search program. 138 | |
182 | + | (2) "Direct access" means physical access to a patient or resident of a 139 | |
183 | + | long-term care facility that affords an individual with the opportunity 140 | |
184 | + | to commit abuse or neglect against or misappropriate the property of a 141 | |
185 | + | patient or resident. 142 Substitute Bill No. 5500 | |
224 | 186 | ||
225 | - | Public Act No. 22-58 8 of 100 | |
226 | 187 | ||
227 | - | 19-13-D1(a) of the Public Health Code.] | |
228 | - | Sec. 5. Subsection (a) of section 19a-550 of the 2022 supplement to the | |
229 | - | general statutes is repealed and the following is substituted in lieu | |
230 | - | thereof (Effective October 1, 2022): | |
231 | - | (a) (1) As used in this section, (A) "nursing home facility" has the same | |
232 | - | meaning as provided in section 19a-521, and (B) "residential care home" | |
233 | - | has the same meaning as provided in section 19a-521; [, and (C) "chronic | |
234 | - | disease hospital" means a long-term hospital having facilities, medical | |
235 | - | staff and all necessary personnel for the diagnosis, care and treatment | |
236 | - | of chronic diseases;] and (2) for the purposes of subsections (c) and (d) | |
237 | - | of this section, and subsection (b) of section 19a-537, "medically | |
238 | - | contraindicated" means a comprehensive evaluation of the impact of a | |
239 | - | potential room transfer on the patient's physical, mental and | |
240 | - | psychosocial well-being, which determines that the transfer would | |
241 | - | cause new symptoms or exacerbate present symptoms beyond a | |
242 | - | reasonable adjustment period resulting in a prolonged or significant | |
243 | - | negative outcome that could not be ameliorated through care plan | |
244 | - | intervention, as documented by a physician, physician assistant or an | |
245 | - | advanced practice registered nurse in a patient's medical record. | |
246 | - | Sec. 6. Subsections (a) to (e), inclusive, of section 20-185r of the general | |
247 | - | statutes are repealed and the following is substituted in lieu thereof | |
248 | - | (Effective October 1, 2022): | |
249 | - | (a) As used in this section: | |
250 | - | (1) "Central service technician" means a person who decontaminates, | |
251 | - | inspects, assembles, packages and sterilizes reusable medical | |
252 | - | instruments or devices [in] for a health care facility, whether such | |
253 | - | person is employed by the health care facility or provides services | |
254 | - | pursuant to a contract with the health care facility; | |
255 | - | (2) "Health care facility" means an outpatient surgical facility, as Substitute House Bill No. 5500 | |
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256 | 191 | ||
257 | - | Public Act No. 22-58 9 of 100 | |
192 | + | (3) "Disqualifying offense" means a conviction of (A) any crime 143 | |
193 | + | described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 144 | |
194 | + | finding of neglect, abuse or misappropriation of property by a state or 145 | |
195 | + | federal agency pursuant to an investigation conducted in accordance 146 | |
196 | + | with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a 147 | |
197 | + | conviction of any crime described in section 53a-59a, 53a-60b, 53a-60c, 148 | |
198 | + | 53a-61a, 53a-321, 53a-322 or 53a-323. 149 | |
199 | + | (4) "Long-term care facility" means any facility, agency or provider 150 | |
200 | + | that is a nursing home, as defined in section 19a-521, a residential care 151 | |
201 | + | home, as defined in section 19a-521, a home health care agency, hospice 152 | |
202 | + | agency or home health aide agency, as defined in section 19a-490, as 153 | |
203 | + | amended by this act, an assisted living services agency, as defined in 154 | |
204 | + | section 19a-490, as amended by this act, an intermediate care facility for 155 | |
205 | + | individuals with intellectual disabilities, as defined in 42 USC 1396d(d), 156 | |
206 | + | except any such facility operated by a Department of Developmental 157 | |
207 | + | Services' program subject to background checks pursuant to section 17a-158 | |
208 | + | 227a, a chronic disease hospital, as defined in section [19a-550] 19a-490, 159 | |
209 | + | as amended by this act, or an agency providing hospice care which is 160 | |
210 | + | licensed to provide such care by the Department of Public Health or 161 | |
211 | + | certified to provide such care pursuant to 42 USC 1395x. 162 | |
212 | + | Sec. 3. Section 19a-535b of the general statutes is repealed and the 163 | |
213 | + | following is substituted in lieu thereof (Effective October 1, 2022): 164 | |
214 | + | [(a) As used in this section, a "facility" means a chronic disease 165 | |
215 | + | hospital which is a long-term hospital having facilities, medical staff and 166 | |
216 | + | all necessary personnel for the diagnosis, care and treatment of chronic 167 | |
217 | + | diseases.] 168 | |
218 | + | [(b)] A [facility] chronic disease hospital shall not transfer or 169 | |
219 | + | discharge a patient from [the facility] such hospital except for medical 170 | |
220 | + | reasons, or for the patient's welfare or the welfare of other patients, as 171 | |
221 | + | documented in the patient's medical record; or, in the case of a self pay 172 | |
222 | + | patient, for nonpayment or arrearage of more than fifteen days of the 173 | |
223 | + | per diem chronic disease hospital room rates for the patient's stay, 174 Substitute Bill No. 5500 | |
258 | 224 | ||
259 | - | defined in section 19a-493b, or a hospital, as defined in section 19a-490, | |
260 | - | as amended by this act, but does not include a chronic disease hospital, | |
261 | - | as defined in section [19a-550] 19a-490, as amended by this act; | |
262 | - | (3) "Health care provider" means a person or organization that | |
263 | - | provides health care services and is licensed in accordance with this title; | |
264 | - | and | |
265 | - | (4) "Central service department" means a department within a health | |
266 | - | care facility that processes, issues and controls medical supplies, devices | |
267 | - | and equipment, both sterile and nonsterile, for patient care areas of a | |
268 | - | health care facility. | |
269 | - | (b) Unless otherwise permitted pursuant to this section, no person | |
270 | - | shall practice as a central service technician unless such person (1) (A) | |
271 | - | has successfully passed a nationally accredited central service exam for | |
272 | - | central service technicians and holds and maintains one of the following | |
273 | - | credentials: (i) A certified registered central service technician credential | |
274 | - | administered by the International Association of Healthcare Central | |
275 | - | Service Materiel Management, or its successor organization, or (ii) a | |
276 | - | certified sterile processing and distribution technician credential | |
277 | - | administered by the Certification Board for Sterile Processing and | |
278 | - | Distribution, Inc., or (B) was employed or otherwise contracted for | |
279 | - | services as a central service technician [in] by a health care facility before | |
280 | - | January 1, 2016, or (2) obtains a certified registered central service | |
281 | - | technician credential administered by the International Association of | |
282 | - | Healthcare Central Service Materiel Management, or its successor | |
283 | - | organization, or a certified sterile processing and distribution technician | |
284 | - | credential administered by the Certification Board for Sterile Processing | |
285 | - | and Distribution, Inc., not later than two years after such person's date | |
286 | - | of hire or contracting for services with the health care facility. | |
287 | - | (c) A central service technician shall complete a minimum of ten | |
288 | - | hours of continuing education annually. The continuing education shall Substitute House Bill No. 5500 | |
289 | 225 | ||
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291 | 229 | ||
292 | - | ||
293 | - | ||
294 | - | ||
295 | - | ||
296 | - | ||
297 | - | ||
298 | - | ||
299 | - | ||
300 | - | ||
301 | - | ||
302 | - | a | |
303 | - | ||
304 | - | ||
305 | - | ||
306 | - | ||
307 | - | ||
308 | - | ||
309 | - | ||
310 | - | Sec. | |
311 | - | repealed and the following is substituted in lieu | |
312 | - | 1, 2022): | |
313 | - | (a) | |
314 | - | ||
315 | - | ||
316 | - | ||
317 | - | ||
318 | - | ||
319 | - | ||
320 | - | ||
321 | - | ||
230 | + | except as prohibited by the Social Security Act. In the case of an 175 | |
231 | + | involuntary transfer or discharge, the patient and, if known, the 176 | |
232 | + | patient's legally liable relative, guardian or conservator and the patient's 177 | |
233 | + | personal physician, if the discharge plan is prepared by the medical 178 | |
234 | + | director of the chronic disease hospital, shall be given at least thirty 179 | |
235 | + | days' written notice of the proposed action to ensure orderly transfer or 180 | |
236 | + | discharge. 181 | |
237 | + | Sec. 4. Subsection (a) of section 19a-537 of the general statutes is 182 | |
238 | + | repealed and the following is substituted in lieu thereof (Effective October 183 | |
239 | + | 1, 2022): 184 | |
240 | + | (a) As used in this section and section 19a-537a: 185 | |
241 | + | (1) "Vacancy" means a bed that is available for an admission; 186 | |
242 | + | (2) "Nursing home" means any chronic and convalescent facility or 187 | |
243 | + | any rest home with nursing supervision, as defined in section 19a-521; 188 | |
244 | + | (3) "Hospital" means a general short-term hospital licensed by the 189 | |
245 | + | Department of Public Health or a hospital for mental illness, as defined 190 | |
246 | + | in section 17a-495, or a chronic disease hospital. [, as defined in section 191 | |
247 | + | 19-13-D1(a) of the Public Health Code.] 192 | |
248 | + | Sec. 5. Subsection (a) of section 19a-550 of the 2022 supplement to the 193 | |
249 | + | general statutes is repealed and the following is substituted in lieu 194 | |
250 | + | thereof (Effective October 1, 2022): 195 | |
251 | + | (a) (1) As used in this section, (A) "nursing home facility" has the same 196 | |
252 | + | meaning as provided in section 19a-521, and (B) "residential care home" 197 | |
253 | + | has the same meaning as provided in section 19a-521; [, and (C) "chronic 198 | |
254 | + | disease hospital" means a long-term hospital having facilities, medical 199 | |
255 | + | staff and all necessary personnel for the diagnosis, care and treatment 200 | |
256 | + | of chronic diseases;] and (2) for the purposes of subsections (c) and (d) 201 | |
257 | + | of this section, and subsection (b) of section 19a-537, "medically 202 | |
258 | + | contraindicated" means a comprehensive evaluation of the impact of a 203 | |
259 | + | potential room transfer on the patient's physical, mental and 204 Substitute Bill No. 5500 | |
322 | 260 | ||
323 | - | Public Act No. 22-58 11 of 100 | |
324 | 261 | ||
325 | - | payments in lieu of taxes for such property, exclusive of any such facility | |
326 | - | operated by the federal government, except a campus of the United | |
327 | - | States Department of Veterans Affairs Connecticut Healthcare Systems, | |
328 | - | or the state of Connecticut or any subdivision thereof. As used in this | |
329 | - | section, "private nonprofit institution of higher learning" means any | |
330 | - | such institution, as defined in subsection (a) of section 10a-34, or any | |
331 | - | independent institution of higher education, as defined in subsection (a) | |
332 | - | of section 10a-173, that is engaged primarily in education beyond the | |
333 | - | high school level, and offers courses of instruction for which college or | |
334 | - | university-level credit may be given or may be received by transfer, the | |
335 | - | property of which is exempt from property tax under any of the | |
336 | - | subdivisions of section 12-81, as amended by this act; "nonprofit general | |
337 | - | hospital facility" means any such facility that is used primarily for the | |
338 | - | purpose of general medical care and treatment, exclusive of any hospital | |
339 | - | facility used primarily for the care and treatment of special types of | |
340 | - | disease or physical or mental conditions; and "freestanding chronic | |
341 | - | disease hospital" [means a facility that provides for the care and | |
342 | - | treatment of chronic diseases] has the same meaning as "chronic disease | |
343 | - | hospital" as defined in section 19a-490, as amended by this act, | |
344 | - | excluding any such facility having an ownership affiliation with and | |
345 | - | operated in the same location as a chronic and convalescent nursing | |
346 | - | home. | |
347 | - | Sec. 8. Section 17b-368 of the general statutes is repealed and the | |
348 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
349 | - | On or before July 1, 2004, the Department of Social Services shall, | |
350 | - | within the limits of available Medicaid funding, implement a pilot | |
351 | - | project in Greater Hartford with a chronic disease hospital colocated | |
352 | - | with a skilled nursing facility and with the facilities, medical staff and | |
353 | - | all necessary personnel for the diagnosis, care and treatment of chronic | |
354 | - | or geriatric mental conditions that require prolonged hospital or | |
355 | - | restorative care. For purposes of this section, "chronic disease hospital" Substitute House Bill No. 5500 | |
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357 | - | Public Act No. 22-58 12 of 100 | |
266 | + | psychosocial well-being, which determines that the transfer would 205 | |
267 | + | cause new symptoms or exacerbate present symptoms beyond a 206 | |
268 | + | reasonable adjustment period resulting in a prolonged or significant 207 | |
269 | + | negative outcome that could not be ameliorated through care plan 208 | |
270 | + | intervention, as documented by a physician, physician assistant or an 209 | |
271 | + | advanced practice registered nurse in a patient's medical record. 210 | |
272 | + | Sec. 6. Subsections (a) to (e), inclusive, of section 20-185r of the general 211 | |
273 | + | statutes are repealed and the following is substituted in lieu thereof 212 | |
274 | + | (Effective October 1, 2022): 213 | |
275 | + | (a) As used in this section: 214 | |
276 | + | (1) "Central service technician" means a person who decontaminates, 215 | |
277 | + | inspects, assembles, packages and sterilizes reusable medical 216 | |
278 | + | instruments or devices [in] for a health care facility, whether such 217 | |
279 | + | person is employed by the health care facility or provides services 218 | |
280 | + | pursuant to a contract with the health care facility; 219 | |
281 | + | (2) "Health care facility" means an outpatient surgical facility, as 220 | |
282 | + | defined in section 19a-493b, or a hospital, as defined in section 19a-490, 221 | |
283 | + | as amended by this act, but does not include a chronic disease hospital, 222 | |
284 | + | as defined in section [19a-550] 19a-490, as amended by this act; 223 | |
285 | + | (3) "Health care provider" means a person or organization that 224 | |
286 | + | provides health care services and is licensed in accordance with this title; 225 | |
287 | + | and 226 | |
288 | + | (4) "Central service department" means a department within a health 227 | |
289 | + | care facility that processes, issues and controls medical supplies, devices 228 | |
290 | + | and equipment, both sterile and nonsterile, for patient care areas of a 229 | |
291 | + | health care facility. 230 | |
292 | + | (b) Unless otherwise permitted pursuant to this section, no person 231 | |
293 | + | shall practice as a central service technician unless such person (1) (A) 232 | |
294 | + | has successfully passed a nationally accredited central service exam for 233 | |
295 | + | central service technicians and holds and maintains one of the following 234 Substitute Bill No. 5500 | |
358 | 296 | ||
359 | - | [means a long-term hospital with facilities, medical staff and all | |
360 | - | necessary personnel for the diagnosis, care and treatment of chronic | |
361 | - | physical and geriatric mental health conditions that require prolonged | |
362 | - | hospital or restorative care] has the same meaning as provided in section | |
363 | - | 19a-490, as amended by this act. | |
364 | - | Sec. 9. Subsection (a) of section 19a-491 of the 2022 supplement to the | |
365 | - | general statutes is repealed and the following is substituted in lieu | |
366 | - | thereof (Effective from passage): | |
367 | - | (a) No person acting individually or jointly with any other person | |
368 | - | shall establish, conduct, operate or maintain an institution in this state | |
369 | - | without a license as required by this chapter, except for persons issued | |
370 | - | a license by the Commissioner of Children and Families pursuant to | |
371 | - | section 17a-145 for the operation of (1) a substance abuse treatment | |
372 | - | facility, or (2) a facility for the purpose of caring for women during | |
373 | - | pregnancies and for women and their infants following such | |
374 | - | pregnancies, provided such exception shall not apply to the hospital and | |
375 | - | psychiatric residential treatment facility units of the Albert J. Solnit | |
376 | - | Children's Center. Application for such license shall (A) be made to the | |
377 | - | Department of Public Health upon forms provided by it, (B) be | |
378 | - | accompanied by the fee required under subsection (c), (d) or (e) of this | |
379 | - | section, (C) contain such information as the department requires, which | |
380 | - | may include affirmative evidence of ability to comply with reasonable | |
381 | - | standards and regulations prescribed under the provisions of this | |
382 | - | chapter, and (D) not be required to be notarized. The commissioner may | |
383 | - | require as a condition of licensure that an applicant sign a consent order | |
384 | - | providing reasonable assurances of compliance with the Public Health | |
385 | - | Code. The commissioner may issue more than one chronic disease | |
386 | - | hospital license to a single institution until such time as the state offers | |
387 | - | a rehabilitation hospital license. | |
388 | - | Sec. 10. Subsection (a) of section 19a-497 of the general statutes is | |
389 | - | repealed and the following is substituted in lieu thereof (Effective July 1, Substitute House Bill No. 5500 | |
390 | 297 | ||
391 | - | Public Act No. 22-58 13 of 100 | |
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392 | 301 | ||
393 | - | 2022): | |
394 | - | (a) Each institution shall, upon receipt of a notice of intention to strike | |
395 | - | by a labor organization representing the employees of such institution, | |
396 | - | in accordance with the provisions of the National Labor Relations Act, | |
397 | - | 29 USC 158, file a strike contingency plan with the commissioner not | |
398 | - | later than five days before the date indicated for the strike. Such strike | |
399 | - | contingency plan shall include the institution's staffing plan for at least | |
400 | - | the first three days of such strike. The strike contingency plan shall | |
401 | - | include, but need not be limited to, the names and titles of the | |
402 | - | individuals who will be providing services at the institution. An | |
403 | - | institution that is a residential facility for persons with intellectual | |
404 | - | disability licensed pursuant to section 17a-227 and certified to | |
405 | - | participate in the Title XIX Medicaid program as an intermediate care | |
406 | - | facility for individuals with intellectual disabilities shall submit a strike | |
407 | - | contingency plan that contains the same information as required of | |
408 | - | nursing homes. | |
409 | - | Sec. 11. Subsections (a) and (b) of section 19a-515 of the general | |
410 | - | statutes are repealed and the following is substituted in lieu thereof | |
411 | - | (Effective from passage): | |
412 | - | (a) Each nursing home administrator's license issued pursuant to the | |
413 | - | provisions of sections 19a-511 to 19a-520, inclusive, shall be renewed | |
414 | - | once every two years, in accordance with section 19a-88, except for | |
415 | - | cause, by the Department of Public Health, upon forms to be furnished | |
416 | - | by said department and upon the payment to said department, by each | |
417 | - | applicant for license renewal, of the sum of two hundred five dollars. | |
418 | - | Each such fee shall be remitted to the Department of Public Health on | |
419 | - | or before the date prescribed under section 19a-88. Such renewals shall | |
420 | - | be granted unless said department finds the applicant has acted or failed | |
421 | - | to act in such a manner or under such circumstances as would constitute | |
422 | - | grounds for suspension or revocation of such license. Substitute House Bill No. 5500 | |
302 | + | credentials: (i) A certified registered central service technician credential 235 | |
303 | + | administered by the International Association of Healthcare Central 236 | |
304 | + | Service Materiel Management, or its successor organization, or (ii) a 237 | |
305 | + | certified sterile processing and distribution technician credential 238 | |
306 | + | administered by the Certification Board for Sterile Processing and 239 | |
307 | + | Distribution, Inc., or (B) was employed or otherwise contracted for 240 | |
308 | + | services as a central service technician [in] by a health care facility before 241 | |
309 | + | January 1, 2016, or (2) obtains a certified registered central service 242 | |
310 | + | technician credential administered by the International Association of 243 | |
311 | + | Healthcare Central Service Materiel Management, or its successor 244 | |
312 | + | organization, or a certified sterile processing and distribution technician 245 | |
313 | + | credential administered by the Certification Board for Sterile Processing 246 | |
314 | + | and Distribution, Inc., not later than two years after such person's date 247 | |
315 | + | of hire or contracting for services with the health care facility. 248 | |
316 | + | (c) A central service technician shall complete a minimum of ten 249 | |
317 | + | hours of continuing education annually. The continuing education shall 250 | |
318 | + | be in areas related to the functions of a central service technician. 251 | |
319 | + | (d) A health care facility shall, upon the written request of a central 252 | |
320 | + | service technician, verify, in writing, the central service technician's 253 | |
321 | + | dates of employment or the contract period during which the central 254 | |
322 | + | service technician provided services to the health care facility. 255 | |
323 | + | (e) Nothing in this section shall prohibit the following persons from 256 | |
324 | + | performing the tasks or functions of a central service technician: (1) A 257 | |
325 | + | health care provider; (2) a student or intern performing the functions of 258 | |
326 | + | a central service technician under the direct supervision of a health care 259 | |
327 | + | provider as part of the student's or intern's training or internship; or (3) 260 | |
328 | + | a person who does not work in a central service department in a health 261 | |
329 | + | care facility, but who has been specially trained and determined 262 | |
330 | + | competent, based on standards set by a health care facility's infection 263 | |
331 | + | prevention or control committee, acting in consultation with a central 264 | |
332 | + | service technician certified in accordance with subsection (b) of this 265 | |
333 | + | section, to decontaminate or sterilize reusable medical equipment, 266 | |
334 | + | instruments or devices, in a manner that meets applicable 267 Substitute Bill No. 5500 | |
423 | 335 | ||
424 | - | Public Act No. 22-58 14 of 100 | |
425 | 336 | ||
426 | - | (b) Each licensee shall complete a minimum of forty hours of | |
427 | - | continuing education every two years, including, but not limited to, | |
428 | - | training in (1) Alzheimer's disease and dementia symptoms and care, | |
429 | - | and (2) infection prevention and control. Such two-year period shall | |
430 | - | commence on the first date of renewal of the licensee's license after | |
431 | - | January 1, 2004. The continuing education shall be in areas related to the | |
432 | - | licensee's practice. Qualifying continuing education activities are | |
433 | - | courses offered or approved by the Connecticut Association of | |
434 | - | Healthcare Facilities, LeadingAge Connecticut, Inc., the Connecticut | |
435 | - | Assisted Living Association, the Connecticut Alliance for Subacute | |
436 | - | Care, Inc., the Connecticut Chapter of the American College of Health | |
437 | - | Care Administrators, the Association For Long Term Care Financial | |
438 | - | Managers, the Alzheimer's Association or any accredited college or | |
439 | - | university, or programs presented or approved by the National | |
440 | - | Continuing Education Review Service of the National Association of | |
441 | - | Boards of Examiners of Long Term Care Administrators, the | |
442 | - | Association for Professionals in Infection Control and Epidemiology or | |
443 | - | by federal or state departments or agencies. | |
444 | - | Sec. 12. Subsection (a) of section 19a-492e of the 2022 supplement to | |
445 | - | the general statutes is repealed and the following is substituted in lieu | |
446 | - | thereof (Effective October 1, 2022): | |
447 | - | (a) For purposes of this section "home health care agency" and | |
448 | - | "hospice agency" have the same meanings as provided in section 19a- | |
449 | - | 490, as amended by this act. Notwithstanding the provisions of chapter | |
450 | - | 378, a registered nurse may delegate the administration of medications | |
451 | - | that are not administered by injection to home health aides and hospice | |
452 | - | aides who have obtained (1) certification and recertification every | |
453 | - | [three] two years thereafter for medication administration in accordance | |
454 | - | with regulations adopted pursuant to subsection (b) of this section, or | |
455 | - | (2) a current certification from the Department of Children and Families | |
456 | - | or the Department of Developmental Services in accordance with Substitute House Bill No. 5500 | |
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457 | 340 | ||
458 | - | Public Act No. 22-58 15 of 100 | |
341 | + | manufacturer's instructions and standards. 268 | |
342 | + | Sec. 7. Subsection (a) of section 12-20a of the general statutes is 269 | |
343 | + | repealed and the following is substituted in lieu thereof (Effective October 270 | |
344 | + | 1, 2022): 271 | |
345 | + | (a) Until the fiscal year commencing July 1, 2016, on or before January 272 | |
346 | + | first, annually, the Secretary of the Office of Policy and Management 273 | |
347 | + | shall determine the amount due to each municipality in the state, in 274 | |
348 | + | accordance with this section, as a state grant in lieu of taxes with respect 275 | |
349 | + | to real property owned by any private nonprofit institution of higher 276 | |
350 | + | learning or any nonprofit general hospital facility or freestanding 277 | |
351 | + | chronic disease hospital or an urgent care facility that operates for at 278 | |
352 | + | least twelve hours a day and that had been the location of a nonprofit 279 | |
353 | + | general hospital for at least a portion of calendar year 1996 to receive 280 | |
354 | + | payments in lieu of taxes for such property, exclusive of any such facility 281 | |
355 | + | operated by the federal government, except a campus of the United 282 | |
356 | + | States Department of Veterans Affairs Connecticut Healthcare Systems, 283 | |
357 | + | or the state of Connecticut or any subdivision thereof. As used in this 284 | |
358 | + | section, "private nonprofit institution of higher learning" means any 285 | |
359 | + | such institution, as defined in subsection (a) of section 10a-34, or any 286 | |
360 | + | independent institution of higher education, as defined in subsection (a) 287 | |
361 | + | of section 10a-173, that is engaged primarily in education beyond the 288 | |
362 | + | high school level, and offers courses of instruction for which college or 289 | |
363 | + | university-level credit may be given or may be received by transfer, the 290 | |
364 | + | property of which is exempt from property tax under any of the 291 | |
365 | + | subdivisions of section 12-81, as amended by this act; "nonprofit general 292 | |
366 | + | hospital facility" means any such facility that is used primarily for the 293 | |
367 | + | purpose of general medical care and treatment, exclusive of any hospital 294 | |
368 | + | facility used primarily for the care and treatment of special types of 295 | |
369 | + | disease or physical or mental conditions; and "freestanding chronic 296 | |
370 | + | disease hospital" [means a facility that provides for the care and 297 | |
371 | + | treatment of chronic diseases] has the same meaning as "chronic disease 298 | |
372 | + | hospital" as defined in section 19a-490, as amended by this act, 299 | |
373 | + | excluding any such facility having an ownership affiliation with and 300 Substitute Bill No. 5500 | |
459 | 374 | ||
460 | - | section 19a-495a, as amended by this act, unless the prescribing | |
461 | - | practitioner specifies that a medication shall only be administered by a | |
462 | - | licensed nurse. [Any home health aide or hospice aide who obtained | |
463 | - | certification in the administration of medications on or before June 30, | |
464 | - | 2015, shall obtain recertification on or before July 1, 2018.] | |
465 | - | Sec. 13. Subsections (a) and (b) of section 19a-495a of the general | |
466 | - | statutes are repealed and the following is substituted in lieu thereof | |
467 | - | (Effective October 1, 2022): | |
468 | - | (a) (1) The Commissioner of Public Health may adopt regulations, as | |
469 | - | provided in subsection (d) of this section, to require each residential care | |
470 | - | home [, as defined in section 19a-490,] that admits residents requiring | |
471 | - | assistance with medication administration, to (A) designate unlicensed | |
472 | - | personnel to obtain certification for the administration of medication | |
473 | - | from the Department of Public Health, Department of Children and | |
474 | - | Families or Department of Developmental Services, and (B) ensure that | |
475 | - | such unlicensed personnel receive such certification and recertification | |
476 | - | every [three] two years thereafter from the Department of Public Health, | |
477 | - | Department of Children and Families or Department of Developmental | |
478 | - | Services. | |
479 | - | (2) Any regulations adopted pursuant to this subsection shall | |
480 | - | establish criteria to be used by such homes in determining (A) the | |
481 | - | appropriate number of unlicensed personnel who shall obtain such | |
482 | - | certification and recertification, and (B) training requirements, | |
483 | - | including ongoing training requirements for such certification and | |
484 | - | recertification. | |
485 | - | (3) Training requirements for initial certification and recertification | |
486 | - | shall include, but shall not be limited to: Initial orientation, resident | |
487 | - | rights, identification of the types of medication that may be | |
488 | - | administered by unlicensed personnel, behavioral management, | |
489 | - | personal care, nutrition and food safety, and health and safety in Substitute House Bill No. 5500 | |
490 | 375 | ||
491 | - | Public Act No. 22-58 16 of 100 | |
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492 | 379 | ||
493 | - | general. | |
494 | - | (b) Each residential care home [, as defined in section 19a-490,] shall | |
495 | - | ensure that an appropriate number of unlicensed personnel, as | |
496 | - | determined by the residential care home, obtain certification and | |
497 | - | recertification for the administration of medication from the | |
498 | - | Department of Public Health, Department of Children and Families or | |
499 | - | Department of Developmental Services. Certification and recertification | |
500 | - | of such personnel shall be in accordance with any regulations adopted | |
501 | - | pursuant to this section. [, except any personnel who obtained | |
502 | - | certification in the administration of medication on or before June 30, | |
503 | - | 2015, shall obtain recertification on or before July 1, 2018.] Unlicensed | |
504 | - | personnel obtaining such certification and recertification may | |
505 | - | administer medications that are not administered by injection to | |
506 | - | residents of such homes, unless a resident's physician specifies that a | |
507 | - | medication only be administered by licensed personnel. | |
508 | - | Sec. 14. (Effective from passage) The Commissioner of Public Health | |
509 | - | shall conduct a scope of practice review pursuant to sections 19a-16d to | |
510 | - | 19a-16f, inclusive, of the general statutes, as amended by this act, to | |
511 | - | determine whether the Department of Public Health should regulate | |
512 | - | midwives who are not eligible for licensure as nurse-midwives, licensed | |
513 | - | pursuant to chapter 377 of the general statutes. The commissioner shall | |
514 | - | report, in accordance with the provisions of section 11-4a of the general | |
515 | - | statutes, the findings of such review and any recommendations to the | |
516 | - | joint standing committee of the General Assembly having cognizance of | |
517 | - | matters relating to public health on or before February 1, 2023. | |
518 | - | Sec. 15. Section 20-90 of the general statutes is repealed and the | |
519 | - | following is substituted in lieu thereof (Effective from passage): | |
520 | - | (a) [Said board may adopt a seal. The Commissioner of Public Health, | |
521 | - | with advice and assistance from the board, and in consultation with the | |
522 | - | State Board of Education, shall adopt regulations, in accordance with Substitute House Bill No. 5500 | |
380 | + | operated in the same location as a chronic and convalescent nursing 301 | |
381 | + | home. 302 | |
382 | + | Sec. 8. Section 17b-368 of the general statutes is repealed and the 303 | |
383 | + | following is substituted in lieu thereof (Effective October 1, 2022): 304 | |
384 | + | On or before July 1, 2004, the Department of Social Services shall, 305 | |
385 | + | within the limits of available Medicaid funding, implement a pilot 306 | |
386 | + | project in Greater Hartford with a chronic disease hospital colocated 307 | |
387 | + | with a skilled nursing facility and with the facilities, medical staff and 308 | |
388 | + | all necessary personnel for the diagnosis, care and treatment of chronic 309 | |
389 | + | or geriatric mental conditions that require prolonged hospital or 310 | |
390 | + | restorative care. For purposes of this section, "chronic disease hospital" 311 | |
391 | + | [means a long-term hospital with facilities, medical staff and all 312 | |
392 | + | necessary personnel for the diagnosis, care and treatment of chronic 313 | |
393 | + | physical and geriatric mental health conditions that require prolonged 314 | |
394 | + | hospital or restorative care] has the same meaning as provided in section 315 | |
395 | + | 19a-490, as amended by this act. 316 | |
396 | + | Sec. 9. Subsection (a) of section 19a-491 of the 2022 supplement to the 317 | |
397 | + | general statutes is repealed and the following is substituted in lieu 318 | |
398 | + | thereof (Effective from passage): 319 | |
399 | + | (a) No person acting individually or jointly with any other person 320 | |
400 | + | shall establish, conduct, operate or maintain an institution in this state 321 | |
401 | + | without a license as required by this chapter, except for persons issued 322 | |
402 | + | a license by the Commissioner of Children and Families pursuant to 323 | |
403 | + | section 17a-145 for the operation of (1) a substance abuse treatment 324 | |
404 | + | facility, or (2) a facility for the purpose of caring for women during 325 | |
405 | + | pregnancies and for women and their infants following such 326 | |
406 | + | pregnancies, provided such exception shall not apply to the hospital and 327 | |
407 | + | psychiatric residential treatment facility units of the Albert J. Solnit 328 | |
408 | + | Children's Center. Application for such license shall (A) be made to the 329 | |
409 | + | Department of Public Health upon forms provided by it, (B) be 330 | |
410 | + | accompanied by the fee required under subsection (c), (d) or (e) of this 331 | |
411 | + | section, (C) contain such information as the department requires, which 332 Substitute Bill No. 5500 | |
523 | 412 | ||
524 | - | Public Act No. 22-58 17 of 100 | |
525 | 413 | ||
526 | - | the provisions of chapter 54, permitting and setting standards for | |
527 | - | courses for the training of practical nurses to be offered in high schools | |
528 | - | or by the Technical Education and Career System for students who have | |
529 | - | not yet acquired a high school diploma. Students who satisfactorily | |
530 | - | complete courses approved by said Board of Examiners for Nursing, | |
531 | - | with the consent of the Commissioner of Public Health, as meeting such | |
532 | - | standards shall be given credit for each such course toward the | |
533 | - | requirements for a practical nurse's license. All schools of nursing in this | |
534 | - | state, except such schools accredited by the National League for Nursing | |
535 | - | or other professional accrediting association approved by the United | |
536 | - | States Department of Education and recognized by the Commissioner | |
537 | - | of Public Health, and all schools for training licensed practical nurses | |
538 | - | and all hospitals connected to such schools] The Connecticut State Board | |
539 | - | of Examiners for Nursing shall have the following duties: (1) Hear and | |
540 | - | decide matters concerning suspension or revocation of licensure; (2) | |
541 | - | adjudicate complaints filed against practitioners licensed under this | |
542 | - | chapter and impose sanctions where appropriate; (3) approve schools of | |
543 | - | nursing in the state that prepare persons for examination under the | |
544 | - | provisions of this chapter; and (4) consult, where possible, with national | |
545 | - | recognized accrediting agencies when approving schools pursuant to | |
546 | - | subdivision (3) of this subsection. The board may adopt a seal. | |
547 | - | (b) All schools of nursing in the state that prepare persons for | |
548 | - | examination under the provisions of this chapter, shall be (1) visited | |
549 | - | periodically by a representative of the Department of Public Health who | |
550 | - | shall be a registered nurse or a person experienced in the field of nursing | |
551 | - | education, and (2) approved by the Connecticut State Board of | |
552 | - | Examiners for Nursing pursuant to subdivisions (3) and (4) of | |
553 | - | subsection (a) of this section. | |
554 | - | (c) The [board shall keep] Department of Public Health shall post a | |
555 | - | list of all nursing programs and all programs for training licensed | |
556 | - | practical nurses that are approved by [it, with the consent of the Substitute House Bill No. 5500 | |
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557 | 417 | ||
558 | - | Public Act No. 22-58 18 of 100 | |
418 | + | may include affirmative evidence of ability to comply with reasonable 333 | |
419 | + | standards and regulations prescribed under the provisions of this 334 | |
420 | + | chapter, and (D) not be required to be notarized. The commissioner may 335 | |
421 | + | require as a condition of licensure that an applicant sign a consent order 336 | |
422 | + | providing reasonable assurances of compliance with the Public Health 337 | |
423 | + | Code. The commissioner may issue more than one chronic disease 338 | |
424 | + | hospital license to a single institution until such time as the state offers 339 | |
425 | + | a rehabilitation hospital license. 340 | |
426 | + | Sec. 10. Subsection (a) of section 19a-497 of the general statutes is 341 | |
427 | + | repealed and the following is substituted in lieu thereof (Effective October 342 | |
428 | + | 1, 2022): 343 | |
429 | + | (a) Each institution shall, upon receipt of a notice of intention to strike 344 | |
430 | + | by a labor organization representing the employees of such institution, 345 | |
431 | + | in accordance with the provisions of the National Labor Relations Act, 346 | |
432 | + | 29 USC 158, file a strike contingency plan with the commissioner not 347 | |
433 | + | later than five days before the date indicated for the strike. Such strike 348 | |
434 | + | contingency plan shall include the institution's staffing plan for at least 349 | |
435 | + | the first three days of such strike. The strike contingency plan shall 350 | |
436 | + | include, but need not be limited to, the names and titles of the 351 | |
437 | + | individuals who will be providing services at the institution. 352 | |
438 | + | Sec. 11. Subsections (a) and (b) of section 19a-515 of the general 353 | |
439 | + | statutes are repealed and the following is substituted in lieu thereof 354 | |
440 | + | (Effective from passage): 355 | |
441 | + | (a) Each nursing home administrator's license issued pursuant to the 356 | |
442 | + | provisions of sections 19a-511 to 19a-520, inclusive, shall be renewed 357 | |
443 | + | once every two years, in accordance with section 19a-88, except for 358 | |
444 | + | cause, by the Department of Public Health, upon forms to be furnished 359 | |
445 | + | by said department and upon the payment to said department, by each 360 | |
446 | + | applicant for license renewal, of the sum of two hundred five dollars. 361 | |
447 | + | Each such fee shall be remitted to the Department of Public Health on 362 | |
448 | + | or before the date prescribed under section 19a-88. Such renewals shall 363 | |
449 | + | be granted unless said department finds the applicant has acted or failed 364 Substitute Bill No. 5500 | |
559 | 450 | ||
560 | - | Commissioner of Public Health, as maintaining] the Connecticut State | |
561 | - | Board of Examiners for Nursing and maintain the standard for the | |
562 | - | education of nurses and the training of licensed practical nurses as | |
563 | - | established by the [commissioner. The board shall consult, where | |
564 | - | possible, with nationally recognized accrediting agencies when | |
565 | - | approving schools] Commissioner of Public Health on the department's | |
566 | - | Internet web site. | |
567 | - | [(b) Said board shall (1) hear and decide matters concerning | |
568 | - | suspension or revocation of licensure, (2) adjudicate complaints filed | |
569 | - | against practitioners licensed under this chapter and impose sanctions | |
570 | - | where appropriate.] | |
571 | - | Sec. 16. Subsections (c) and (d) of section 19a-16d of the general | |
572 | - | statutes are repealed and the following is substituted in lieu thereof | |
573 | - | (Effective from passage): | |
574 | - | (c) In any year in which a scope of practice request is received | |
575 | - | pursuant to this section, not later than September [fifteenth] first of the | |
576 | - | year preceding the commencement of the next regular session of the | |
577 | - | General Assembly, the Department of Public Health, within available | |
578 | - | appropriations, shall: (1) Provide written notification to the joint | |
579 | - | standing committee of the General Assembly having cognizance of | |
580 | - | matters relating to public health of any health care profession that has | |
581 | - | submitted a scope of practice request, including any request for | |
582 | - | exemption, to the department pursuant to this section; and (2) post any | |
583 | - | such request, including any request for exemption, and the name and | |
584 | - | address of the requestor on the department's Internet web site. | |
585 | - | (d) Any person or entity, acting on behalf of a health care profession | |
586 | - | that may be directly impacted by a scope of practice request submitted | |
587 | - | pursuant to this section, may submit to the department a written | |
588 | - | statement identifying the nature of the impact not later than [October | |
589 | - | first] September fifteenth of the year preceding the next regular session Substitute House Bill No. 5500 | |
590 | 451 | ||
591 | - | Public Act No. 22-58 19 of 100 | |
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592 | 455 | ||
593 | - | of the General Assembly. Any such person or entity directly impacted | |
594 | - | by a scope of practice request shall indicate the nature of the impact | |
595 | - | taking into consideration the criteria set forth in subsection (b) of this | |
596 | - | section and shall provide a copy of the written impact statement to the | |
597 | - | requestor. Not later than October [fifteenth] first of such year, the | |
598 | - | requestor shall submit a written response to the department and any | |
599 | - | person or entity that has provided a written impact statement. The | |
600 | - | requestor's written response shall include, but not be limited to, a | |
601 | - | description of areas of agreement and disagreement between the | |
602 | - | respective health care professions. | |
603 | - | Sec. 17. Subsection (a) of section 19a-16e of the general statutes is | |
604 | - | repealed and the following is substituted in lieu thereof (Effective from | |
605 | - | passage): | |
606 | - | (a) On or before [November first] October fifteenth of the year | |
607 | - | preceding the commencement of the next regular session of the General | |
608 | - | Assembly, the Commissioner of Public Health shall select from the | |
609 | - | timely scope of practice requests submitted to the department pursuant | |
610 | - | to section 19a-16d, as amended by this act, the requests on which the | |
611 | - | department will act and, within available appropriations allocated to | |
612 | - | the department, establish and appoint members to a scope of practice | |
613 | - | review committee for each [timely scope of practice] such request. | |
614 | - | [submitted to the department pursuant to section 19a-16d.] Committees | |
615 | - | established pursuant to this section shall consist of the following | |
616 | - | members: (1) Two members recommended by the requestor to represent | |
617 | - | the health care profession making the scope of practice request; (2) two | |
618 | - | members recommended by each person or entity that has submitted a | |
619 | - | written impact statement pursuant to subsection (d) of section 19a-16d, | |
620 | - | as amended by this act, to represent the health care professions directly | |
621 | - | impacted by the scope of practice request; and (3) the Commissioner of | |
622 | - | Public Health or the commissioner's designee, who shall serve as an ex- | |
623 | - | officio, nonvoting member of the committee. The Commissioner of Substitute House Bill No. 5500 | |
456 | + | to act in such a manner or under such circumstances as would constitute 365 | |
457 | + | grounds for suspension or revocation of such license. 366 | |
458 | + | (b) Each licensee shall complete a minimum of forty hours of 367 | |
459 | + | continuing education every two years, including, but not limited to, 368 | |
460 | + | training in (1) Alzheimer's disease and dementia symptoms and care, 369 | |
461 | + | and (2) infection prevention and control. Such two-year period shall 370 | |
462 | + | commence on the first date of renewal of the licensee's license after 371 | |
463 | + | January 1, 2004. The continuing education shall be in areas related to the 372 | |
464 | + | licensee's practice. Qualifying continuing education activities are 373 | |
465 | + | courses offered or approved by the Connecticut Association of 374 | |
466 | + | Healthcare Facilities, LeadingAge Connecticut, Inc., the Connecticut 375 | |
467 | + | Assisted Living Association, the Connecticut Alliance for Subacute 376 | |
468 | + | Care, Inc., the Connecticut Chapter of the American College of Health 377 | |
469 | + | Care Administrators, the Association For Long Term Care Financial 378 | |
470 | + | Managers, the Alzheimer's Association or any accredited college or 379 | |
471 | + | university, or programs presented or approved by the National 380 | |
472 | + | Continuing Education Review Service of the National Association of 381 | |
473 | + | Boards of Examiners of Long Term Care Administrators, the 382 | |
474 | + | Association for Professionals in Infection Control and Epidemiology or 383 | |
475 | + | by federal or state departments or agencies. 384 | |
476 | + | Sec. 12. Subsection (a) of section 19a-492e of the 2022 supplement to 385 | |
477 | + | the general statutes is repealed and the following is substituted in lieu 386 | |
478 | + | thereof (Effective October 1, 2022): 387 | |
479 | + | (a) For purposes of this section "home health care agency" and 388 | |
480 | + | "hospice agency" have the same meanings as provided in section 19a-389 | |
481 | + | 490, as amended by this act. Notwithstanding the provisions of chapter 390 | |
482 | + | 378, a registered nurse may delegate the administration of medications 391 | |
483 | + | that are not administered by injection to home health aides and hospice 392 | |
484 | + | aides who have obtained (1) certification and recertification every three 393 | |
485 | + | years thereafter for medication administration in accordance with 394 | |
486 | + | regulations adopted pursuant to subsection (b) of this section, or (2) a 395 | |
487 | + | current certification from the Department of Children and Families or 396 | |
488 | + | the Department of Developmental Services in accordance with section 397 Substitute Bill No. 5500 | |
624 | 489 | ||
625 | - | Public Act No. 22-58 20 of 100 | |
626 | 490 | ||
627 | - | Public Health or the commissioner's designee shall serve as the | |
628 | - | chairperson of any such committee. The Commissioner of Public Health | |
629 | - | may appoint additional members to any committee established | |
630 | - | pursuant to this section to include representatives from health care | |
631 | - | professions having a proximate relationship to the underlying request if | |
632 | - | the commissioner or the commissioner's designee determines that such | |
633 | - | expansion would be beneficial to a resolution of the issues presented. | |
634 | - | Any member of such committee shall serve without compensation. | |
635 | - | Sec. 18. Subsection (c) of section 20-132a of the 2022 supplement to | |
636 | - | the general statutes is repealed and the following is substituted in lieu | |
637 | - | thereof (Effective from passage): | |
638 | - | (c) (1) Except as provided in this section, a licensee who is actively | |
639 | - | engaged in the practice of optometry shall earn a minimum of twenty | |
640 | - | hours of continuing education each registration period. The subject | |
641 | - | matter for continuing education shall reflect the professional needs of | |
642 | - | the licensee in order to meet the health care needs of the public, and shall | |
643 | - | include [(1)] (A) not less than six hours in any of the following areas: | |
644 | - | Pathology, detection of diabetes and ocular treatment; and [(2)] (B) not | |
645 | - | less than six hours in treatment as it applies to the use of ocular agents- | |
646 | - | T. | |
647 | - | (2) Coursework shall be provided in the following manner: (A) Not | |
648 | - | less than ten hours shall be earned through direct, live instruction that | |
649 | - | the licensee physically attends; [either individually or as part of a group | |
650 | - | of participants or through a formal home study or distance learning | |
651 | - | program. Not] (B) not more than ten hours shall be earned through | |
652 | - | synchronous online education with opportunities for live interaction; | |
653 | - | (C) not more than [six] five hours shall be earned through [a home study | |
654 | - | or other distance learning program] asynchronous online education, | |
655 | - | distance learning or home study; and (D) not more than six hours shall | |
656 | - | be in practice management. For the purposes of this subdivision, | |
657 | - | "synchronous online education" means live online classes that are Substitute House Bill No. 5500 | |
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658 | 494 | ||
659 | - | Public Act No. 22-58 21 of 100 | |
495 | + | 19a-495a, as amended by this act, unless the prescribing practitioner 398 | |
496 | + | specifies that a medication shall only be administered by a licensed 399 | |
497 | + | nurse. [Any home health aide or hospice aide who obtained certification 400 | |
498 | + | in the administration of medications on or before June 30, 2015, shall 401 | |
499 | + | obtain recertification on or before July 1, 2018.] 402 | |
500 | + | Sec. 13. Subsections (a) and (b) of section 19a-495a of the general 403 | |
501 | + | statutes are repealed and the following is substituted in lieu thereof 404 | |
502 | + | (Effective October 1, 2022): 405 | |
503 | + | (a) (1) The Commissioner of Public Health may adopt regulations, as 406 | |
504 | + | provided in subsection (d) of this section, to require each residential care 407 | |
505 | + | home [, as defined in section 19a-490,] that admits residents requiring 408 | |
506 | + | assistance with medication administration, to (A) designate unlicensed 409 | |
507 | + | personnel to obtain certification for the administration of medication 410 | |
508 | + | from the Department of Public Health, Department of Children and 411 | |
509 | + | Families or Department of Developmental Services, and (B) ensure that 412 | |
510 | + | such unlicensed personnel receive such certification and recertification 413 | |
511 | + | every three years thereafter from the Department of Public Health, 414 | |
512 | + | Department of Children and Families or Department of Developmental 415 | |
513 | + | Services. 416 | |
514 | + | (2) Any regulations adopted pursuant to this subsection shall 417 | |
515 | + | establish criteria to be used by such homes in determining (A) the 418 | |
516 | + | appropriate number of unlicensed personnel who shall obtain such 419 | |
517 | + | certification and recertification, and (B) training requirements, 420 | |
518 | + | including ongoing training requirements for such certification and 421 | |
519 | + | recertification. 422 | |
520 | + | (3) Training requirements for initial certification and recertification 423 | |
521 | + | shall include, but shall not be limited to: Initial orientation, resident 424 | |
522 | + | rights, identification of the types of medication that may be 425 | |
523 | + | administered by unlicensed personnel, behavioral management, 426 | |
524 | + | personal care, nutrition and food safety, and health and safety in 427 | |
525 | + | general. 428 Substitute Bill No. 5500 | |
660 | 526 | ||
661 | - | conducted in real time and "asynchronous online education" means a | |
662 | - | program where the instructor, learner and other participants are not | |
663 | - | engaged in the learning process at the same time, there is no real-time | |
664 | - | interaction between participants and instructors and the educational | |
665 | - | content is created and made available for later consumption. | |
666 | - | (3) Qualifying continuing education activities include, but are not | |
667 | - | limited to, courses offered or approved by the Council on Optometric | |
668 | - | Practitioner Education of the Association of Regulatory Boards of | |
669 | - | Optometry, the American Optometric Association or state or local | |
670 | - | optometry associations and societies that are affiliated with the | |
671 | - | American Optometric Association, a hospital or other health care | |
672 | - | institution, a school or college of optometry or other institution of higher | |
673 | - | education accredited or recognized by the Council on Optometric | |
674 | - | Practitioner Education or the American Optometric Association, a state | |
675 | - | or local health department, or a national, state or local medical | |
676 | - | association. | |
677 | - | Sec. 19. Subsection (b) of section 19a-14c of the 2022 supplement to | |
678 | - | the general statutes is repealed and the following is substituted in lieu | |
679 | - | thereof (Effective from passage): | |
680 | - | (b) A psychiatrist licensed pursuant to chapter 370, a psychologist | |
681 | - | licensed pursuant to chapter 383, [an independent] a clinical social | |
682 | - | worker [certified] licensed pursuant to chapter 383b or a marital and | |
683 | - | family therapist licensed pursuant to chapter 383a may provide | |
684 | - | outpatient mental health treatment to a minor without the consent or | |
685 | - | notification of a parent or guardian at the request of the minor if (1) | |
686 | - | requiring the consent or notification of a parent or guardian would | |
687 | - | cause the minor to reject such treatment; (2) the provision of such | |
688 | - | treatment is clinically indicated; (3) the failure to provide such treatment | |
689 | - | would be seriously detrimental to the minor's well-being; (4) the minor | |
690 | - | has knowingly and voluntarily sought such treatment; and (5) in the | |
691 | - | opinion of the provider of treatment, the minor is mature enough to Substitute House Bill No. 5500 | |
692 | 527 | ||
693 | - | Public Act No. 22-58 22 of 100 | |
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694 | 531 | ||
695 | - | participate in treatment productively. The provider of such treatment | |
696 | - | shall document the reasons for any determination made to treat a minor | |
697 | - | without the consent or notification of a parent or guardian and shall | |
698 | - | include such documentation in the minor's clinical record, along with a | |
699 | - | written statement signed by the minor stating that (A) the minor is | |
700 | - | voluntarily seeking such treatment; (B) the minor has discussed with the | |
701 | - | provider the possibility of involving his or her parent or guardian in the | |
702 | - | decision to pursue such treatment; (C) the minor has determined it is | |
703 | - | not in his or her best interest to involve his or her parent or guardian in | |
704 | - | such decision; and (D) the minor has been given adequate opportunity | |
705 | - | to ask the provider questions about the course of his or her treatment. | |
706 | - | Sec. 20. Subsection (b) of section 20-12j of the 2022 supplement to the | |
707 | - | general statutes is repealed and the following is substituted in lieu | |
708 | - | thereof (Effective from passage): | |
709 | - | (b) Each person holding a license as a physician assistant shall, | |
710 | - | annually, during the month of such person's birth, [register] renew such | |
711 | - | license with the Department of Public Health, upon payment of a fee of | |
712 | - | one hundred fifty-five dollars, on [blanks] a form to be [furnished] | |
713 | - | provided by the department for such purpose, giving such person's | |
714 | - | name in full, such person's residence and business address and such | |
715 | - | other information as the department requests. No such license shall be | |
716 | - | renewed unless the department is satisfied that the practitioner (1) has | |
717 | - | met the mandatory continuing medical education requirements of the | |
718 | - | National Commission on Certification of Physician Assistants or a | |
719 | - | successor organization for the certification or recertification of physician | |
720 | - | assistants that may be approved by the department; (2) has passed any | |
721 | - | examination or continued competency assessment the passage of which | |
722 | - | may be required by said commission for maintenance of current | |
723 | - | certification by said commission; (3) has completed not less than one | |
724 | - | contact hour of training or education in prescribing controlled | |
725 | - | substances and pain management in the preceding two-year period; and Substitute House Bill No. 5500 | |
532 | + | (b) Each residential care home [, as defined in section 19a-490,] shall 429 | |
533 | + | ensure that an appropriate number of unlicensed personnel, as 430 | |
534 | + | determined by the residential care home, obtain certification and 431 | |
535 | + | recertification for the administration of medication from the 432 | |
536 | + | Department of Public Health, Department of Children and Families or 433 | |
537 | + | Department of Developmental Services. Certification and recertification 434 | |
538 | + | of such personnel shall be in accordance with any regulations adopted 435 | |
539 | + | pursuant to this section. [, except any personnel who obtained 436 | |
540 | + | certification in the administration of medication on or before June 30, 437 | |
541 | + | 2015, shall obtain recertification on or before July 1, 2018.] Unlicensed 438 | |
542 | + | personnel obtaining such certification and recertification may 439 | |
543 | + | administer medications that are not administered by injection to 440 | |
544 | + | residents of such homes, unless a resident's physician specifies that a 441 | |
545 | + | medication only be administered by licensed personnel. 442 | |
546 | + | Sec. 14. (Effective from passage) The Commissioner of Public Health 443 | |
547 | + | shall conduct a scope of practice review pursuant to sections 19a-16d to 444 | |
548 | + | 19a-16f, inclusive, of the general statutes, as amended by this act, to 445 | |
549 | + | determine whether the Department of Public Health should regulate 446 | |
550 | + | midwives who are not eligible for licensure as nurse-midwives, licensed 447 | |
551 | + | pursuant to chapter 377 of the general statutes. The commissioner shall 448 | |
552 | + | report, in accordance with the provisions of section 11-4a of the general 449 | |
553 | + | statutes, the findings of such review and any recommendations to the 450 | |
554 | + | joint standing committee of the General Assembly having cognizance of 451 | |
555 | + | matters relating to public health on or before February 1, 2023. 452 | |
556 | + | Sec. 15. Section 20-90 of the general statutes is repealed and the 453 | |
557 | + | following is substituted in lieu thereof (Effective from passage): 454 | |
558 | + | (a) [Said board may adopt a seal. The Commissioner of Public Health, 455 | |
559 | + | with advice and assistance from the board, and in consultation with the 456 | |
560 | + | State Board of Education, shall adopt regulations, in accordance with 457 | |
561 | + | the provisions of chapter 54, permitting and setting standards for 458 | |
562 | + | courses for the training of practical nurses to be offered in high schools 459 | |
563 | + | or by the Technical Education and Career System for students who have 460 | |
564 | + | not yet acquired a high school diploma. Students who satisfactorily 461 Substitute Bill No. 5500 | |
726 | 565 | ||
727 | - | Public Act No. 22-58 23 of 100 | |
728 | 566 | ||
729 | - | (4) for registration periods beginning on [or before] and after January 1, | |
730 | - | 2022, during the first renewal period and not less than once every six | |
731 | - | years thereafter, earn not less than two contact hours of training or | |
732 | - | education screening for post-traumatic stress disorder, risk of suicide, | |
733 | - | depression and grief and suicide prevention training administered by | |
734 | - | the American [Association] Academy of Physician [Assistants] | |
735 | - | Associates, or the American Academy of Physician Associates' successor | |
736 | - | organization, a hospital or other licensed health care institution or a | |
737 | - | regionally accredited institution of higher education. | |
738 | - | Sec. 21. Subparagraph (B) of subdivision (8) of section 19a-177 of the | |
739 | - | 2022 supplement to the general statutes is repealed and the following is | |
740 | - | substituted in lieu thereof (Effective from passage): | |
741 | - | (B) On or before [December 31, 2018] June 1, 2023, and annually | |
742 | - | thereafter, the commissioner shall prepare a report to the Emergency | |
743 | - | Medical Services Advisory Board, established pursuant to section 19a- | |
744 | - | 178a, that shall include, but not be limited to, the following data: (i) The | |
745 | - | total number of calls for emergency medical services received during | |
746 | - | the reporting year by each licensed ambulance service, certified | |
747 | - | ambulance service or paramedic intercept service; (ii) the level of | |
748 | - | emergency medical services required for each such call; (iii) the name of | |
749 | - | the emergency medical service organization that provided each such | |
750 | - | level of emergency medical services furnished during the reporting | |
751 | - | year; (iv) the response time, by time ranges or fractile response times, | |
752 | - | for each licensed ambulance service, certified ambulance service or | |
753 | - | paramedic intercept service, using a common definition of response | |
754 | - | time, as provided in regulations adopted pursuant to section 19a-179; | |
755 | - | and (v) the number of passed calls, cancelled calls and mutual aid calls | |
756 | - | during the reporting year. The commissioner shall prepare such report | |
757 | - | in a format that categorizes such data for each municipality in which the | |
758 | - | emergency medical services were provided, with each such | |
759 | - | municipality grouped according to urban, suburban and rural Substitute House Bill No. 5500 | |
567 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
568 | + | R01-HB.docx } | |
569 | + | 16 of 42 | |
760 | 570 | ||
761 | - | Public Act No. 22-58 24 of 100 | |
571 | + | complete courses approved by said Board of Examiners for Nursing, 462 | |
572 | + | with the consent of the Commissioner of Public Health, as meeting such 463 | |
573 | + | standards shall be given credit for each such course toward the 464 | |
574 | + | requirements for a practical nurse's license. All schools of nursing in this 465 | |
575 | + | state, except such schools accredited by the National League for Nursing 466 | |
576 | + | or other professional accrediting association approved by the United 467 | |
577 | + | States Department of Education and recognized by the Commissioner 468 | |
578 | + | of Public Health, and all schools for training licensed practical nurses 469 | |
579 | + | and all hospitals connected to such schools] The Connecticut State Board 470 | |
580 | + | of Examiners for Nursing shall have the following duties: (1) Hear and 471 | |
581 | + | decide matters concerning suspension or revocation of licensure; (2) 472 | |
582 | + | adjudicate complaints filed against practitioners licensed under this 473 | |
583 | + | chapter and impose sanctions where appropriate; (3) approve schools of 474 | |
584 | + | nursing in the state that prepare persons for examination under the 475 | |
585 | + | provisions of this chapter; and (4) consult, where possible, with national 476 | |
586 | + | recognized accrediting agencies when approving schools pursuant to 477 | |
587 | + | subdivision (3) of this subsection. The board may adopt a seal. 478 | |
588 | + | (b) All schools of nursing in the state that prepare persons for 479 | |
589 | + | examination under the provisions of this chapter, shall be (1) visited 480 | |
590 | + | periodically by a representative of the Department of Public Health who 481 | |
591 | + | shall be a registered nurse or a person experienced in the field of nursing 482 | |
592 | + | education, and (2) approved by the Connecticut State Board of 483 | |
593 | + | Examiners for Nursing pursuant to subdivisions (3) and (4) of 484 | |
594 | + | subsection (a) of this section. 485 | |
595 | + | (c) The [board shall keep] Department of Public Health shall post a 486 | |
596 | + | list of all nursing programs and all programs for training licensed 487 | |
597 | + | practical nurses that are approved by [it, with the consent of the 488 | |
598 | + | Commissioner of Public Health, as maintaining] the Connecticut State 489 | |
599 | + | Board of Examiners for Nursing and maintain the standard for the 490 | |
600 | + | education of nurses and the training of licensed practical nurses as 491 | |
601 | + | established by the [commissioner. The board shall consult, where 492 | |
602 | + | possible, with nationally recognized accrediting agencies when 493 | |
603 | + | approving schools] Commissioner of Public Health on the department's 494 Substitute Bill No. 5500 | |
762 | 604 | ||
763 | - | classifications. | |
764 | - | Sec. 22. Subdivision (5) of section 14-1 of the 2022 supplement to the | |
765 | - | general statutes is repealed and the following is substituted in lieu | |
766 | - | thereof (Effective from passage): | |
767 | - | (5) "Authorized emergency vehicle" means (A) a fire department | |
768 | - | vehicle, (B) a police vehicle, or (C) an [ambulance] authorized | |
769 | - | emergency medical services vehicle, as defined in section 19a-175; | |
770 | - | Sec. 23. Subsection (a) of section 19a-30 of the 2022 supplement to the | |
771 | - | general statutes is repealed and the following is substituted in lieu | |
772 | - | thereof (Effective October 1, 2022): | |
773 | - | (a) As used in this section, "clinical laboratory" [means any facility or | |
774 | - | other area used for microbiological, serological, chemical, | |
775 | - | hematological, immunohematological, biophysical, cytological, | |
776 | - | pathological or other examinations of human body fluids, secretions, | |
777 | - | excretions or excised or exfoliated tissues, for the purpose of providing | |
778 | - | information for the diagnosis, prevention or treatment of any human | |
779 | - | disease or impairment, for the assessment of human health or for the | |
780 | - | presence of drugs, poisons or other toxicological substances] has the | |
781 | - | same meaning as provided in section 19a-490, as amended by this act. | |
782 | - | Sec. 24. Section 19a-31b of the general statutes is repealed and the | |
783 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
784 | - | No clinical laboratory, as defined in section [19a-30] 19a-490, as | |
785 | - | amended by this act, that offers hair follicle drug testing as part of its | |
786 | - | array of diagnostic testing services shall refuse to administer a hair | |
787 | - | follicle drug test that has been ordered by a physician or physician | |
788 | - | assistant, licensed under chapter 370, or an advanced practice registered | |
789 | - | nurse, licensed under chapter 378. | |
790 | - | Sec. 25. Subdivisions (1) and (2) of subsection (a) of section 19a-72 of Substitute House Bill No. 5500 | |
791 | 605 | ||
792 | - | Public Act No. 22-58 25 of 100 | |
606 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
607 | + | R01-HB.docx } | |
608 | + | 17 of 42 | |
793 | 609 | ||
794 | - | the 2022 supplement to the general statutes are repealed and the | |
795 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
796 | - | (1) "Clinical laboratory" [means any facility or other area used for | |
797 | - | microbiological, serological, chemical, hematological, | |
798 | - | immunohematological, biophysical, cytological, pathological or other | |
799 | - | examinations of human body fluids, secretions, excretions or excised or | |
800 | - | exfoliated tissues, for the purpose of providing information for the | |
801 | - | diagnosis, prevention or treatment of any human disease or | |
802 | - | impairment, for the assessment of human health or for the presence of | |
803 | - | drugs, poisons or other toxicological substances] has the same meaning | |
804 | - | as provided in section 19a-490, as amended by this act; | |
805 | - | (2) "Hospital" [means an establishment for the lodging, care and | |
806 | - | treatment of persons suffering from disease or other abnormal physical | |
807 | - | or mental conditions and includes inpatient psychiatric services in | |
808 | - | general hospitals] has the same meaning as provided in section 19a-490, | |
809 | - | as amended by this act; | |
810 | - | Sec. 26. Subdivision (1) of subsection (a) of section 19a-215 of the 2022 | |
811 | - | supplement to the general statutes is repealed and the following is | |
812 | - | substituted in lieu thereof (Effective October 1, 2022): | |
813 | - | (1) "Clinical laboratory" [means any facility or other area used for | |
814 | - | microbiological, serological, chemical, hematological, | |
815 | - | immunohematological, biophysical, cytological, pathological or other | |
816 | - | examinations of human body fluids, secretions, excretions or excised or | |
817 | - | exfoliated tissues, for the purpose of providing information for the | |
818 | - | diagnosis, prevention or treatment of any human disease or | |
819 | - | impairment, for the assessment of human health or for the presence of | |
820 | - | drugs, poisons or other toxicological substances] has the same meaning | |
821 | - | as provided in section 19a-490, as amended by this act. | |
822 | - | Sec. 27. Subsection (a) of section 19a-269b of the general statutes is Substitute House Bill No. 5500 | |
610 | + | Internet web site. 495 | |
611 | + | [(b) Said board shall (1) hear and decide matters concerning 496 | |
612 | + | suspension or revocation of licensure, (2) adjudicate complaints filed 497 | |
613 | + | against practitioners licensed under this chapter and impose sanctions 498 | |
614 | + | where appropriate.] 499 | |
615 | + | Sec. 16. Subsections (c) and (d) of section 19a-16d of the general 500 | |
616 | + | statutes are repealed and the following is substituted in lieu thereof 501 | |
617 | + | (Effective from passage): 502 | |
618 | + | (c) In any year in which a scope of practice request is received 503 | |
619 | + | pursuant to this section, not later than September [fifteenth] first of the 504 | |
620 | + | year preceding the commencement of the next regular session of the 505 | |
621 | + | General Assembly, the Department of Public Health, within available 506 | |
622 | + | appropriations, shall: (1) Provide written notification to the joint 507 | |
623 | + | standing committee of the General Assembly having cognizance of 508 | |
624 | + | matters relating to public health of any health care profession that has 509 | |
625 | + | submitted a scope of practice request, including any request for 510 | |
626 | + | exemption, to the department pursuant to this section; and (2) post any 511 | |
627 | + | such request, including any request for exemption, and the name and 512 | |
628 | + | address of the requestor on the department's Internet web site. 513 | |
629 | + | (d) Any person or entity, acting on behalf of a health care profession 514 | |
630 | + | that may be directly impacted by a scope of practice request submitted 515 | |
631 | + | pursuant to this section, may submit to the department a written 516 | |
632 | + | statement identifying the nature of the impact not later than [October 517 | |
633 | + | first] September fifteenth of the year preceding the next regular session 518 | |
634 | + | of the General Assembly. Any such person or entity directly impacted 519 | |
635 | + | by a scope of practice request shall indicate the nature of the impact 520 | |
636 | + | taking into consideration the criteria set forth in subsection (b) of this 521 | |
637 | + | section and shall provide a copy of the written impact statement to the 522 | |
638 | + | requestor. Not later than October [fifteenth] first of such year, the 523 | |
639 | + | requestor shall submit a written response to the department and any 524 | |
640 | + | person or entity that has provided a written impact statement. The 525 | |
641 | + | requestor's written response shall include, but not be limited to, a 526 Substitute Bill No. 5500 | |
823 | 642 | ||
824 | - | Public Act No. 22-58 26 of 100 | |
825 | 643 | ||
826 | - | repealed and the following is substituted in lieu thereof (Effective October | |
827 | - | 1, 2022): | |
828 | - | (a) As used in this section, "clinical laboratory" has the same meaning | |
829 | - | as provided in section [19a-30] 19a-490, as amended by this act. | |
830 | - | Sec. 28. Subsection (d) of section 20-7a of the general statutes is | |
831 | - | repealed and the following is substituted in lieu thereof (Effective October | |
832 | - | 1, 2022): | |
833 | - | (d) No person or entity, other than a physician licensed under chapter | |
834 | - | 370, a clinical laboratory, as defined in section [19a-30] 19a-490, as | |
835 | - | amended by this act, or a referring clinical laboratory, shall directly or | |
836 | - | indirectly charge, bill or otherwise solicit payment for the provision of | |
837 | - | anatomic pathology services, unless such services were personally | |
838 | - | rendered by or under the direct supervision of such physician, clinical | |
839 | - | laboratory or referring laboratory in accordance with section 353 of the | |
840 | - | Public Health Service Act, (42 USC 263a). A clinical laboratory or | |
841 | - | referring laboratory may only solicit payment for anatomic pathology | |
842 | - | services from the patient, a hospital, the responsible insurer of a third | |
843 | - | party payor, or a governmental agency or such agency's public or | |
844 | - | private agent that is acting on behalf of the recipient of such services. | |
845 | - | Nothing in this subsection shall be construed to prohibit a clinical | |
846 | - | laboratory from billing a referring clinical laboratory when specimens | |
847 | - | are transferred between such laboratories for histologic or cytologic | |
848 | - | processing or consultation. No patient or other third party payor, as | |
849 | - | described in this subsection, shall be required to reimburse any provider | |
850 | - | for charges or claims submitted in violation of this section. For purposes | |
851 | - | of this subsection, (1) "referring clinical laboratory" means a clinical | |
852 | - | laboratory that refers a patient specimen for consultation or anatomic | |
853 | - | pathology services, excluding the laboratory of a physician's office or | |
854 | - | group practice that takes a patient specimen and does not perform the | |
855 | - | professional diagnostic component of the anatomic pathology services | |
856 | - | involved, and (2) "anatomic pathology services" means the gross and Substitute House Bill No. 5500 | |
644 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
645 | + | R01-HB.docx } | |
646 | + | 18 of 42 | |
857 | 647 | ||
858 | - | Public Act No. 22-58 27 of 100 | |
648 | + | description of areas of agreement and disagreement between the 527 | |
649 | + | respective health care professions. 528 | |
650 | + | Sec. 17. Subsection (a) of section 19a-16e of the general statutes is 529 | |
651 | + | repealed and the following is substituted in lieu thereof (Effective from 530 | |
652 | + | passage): 531 | |
653 | + | (a) On or before [November first] October fifteenth of the year 532 | |
654 | + | preceding the commencement of the next regular session of the General 533 | |
655 | + | Assembly, the Commissioner of Public Health shall, within available 534 | |
656 | + | appropriations allocated to the department, establish and appoint 535 | |
657 | + | members to a scope of practice review committee for each timely scope 536 | |
658 | + | of practice request submitted to the department pursuant to section 19a-537 | |
659 | + | 16d, as amended by this act. Committees established pursuant to this 538 | |
660 | + | section shall consist of the following members: (1) Two members 539 | |
661 | + | recommended by the requestor to represent the health care profession 540 | |
662 | + | making the scope of practice request; (2) two members recommended 541 | |
663 | + | by each person or entity that has submitted a written impact statement 542 | |
664 | + | pursuant to subsection (d) of section 19a-16d, as amended by this act, to 543 | |
665 | + | represent the health care professions directly impacted by the scope of 544 | |
666 | + | practice request; and (3) the Commissioner of Public Health or the 545 | |
667 | + | commissioner's designee, who shall serve as an ex-officio, nonvoting 546 | |
668 | + | member of the committee. The Commissioner of Public Health or the 547 | |
669 | + | commissioner's designee shall serve as the chairperson of any such 548 | |
670 | + | committee. The Commissioner of Public Health may appoint additional 549 | |
671 | + | members to any committee established pursuant to this section to 550 | |
672 | + | include representatives from health care professions having a proximate 551 | |
673 | + | relationship to the underlying request if the commissioner or the 552 | |
674 | + | commissioner's designee determines that such expansion would be 553 | |
675 | + | beneficial to a resolution of the issues presented. Any member of such 554 | |
676 | + | committee shall serve without compensation. 555 | |
677 | + | Sec. 18. Subsection (c) of section 20-132a of the 2022 supplement to 556 | |
678 | + | the general statutes is repealed and the following is substituted in lieu 557 | |
679 | + | thereof (Effective from passage): 558 Substitute Bill No. 5500 | |
859 | 680 | ||
860 | - | microscopic examination and histologic or cytologic processing of | |
861 | - | human specimens, including histopathology or surgical pathology, | |
862 | - | cytopathology, hematology, subcellular pathology or molecular | |
863 | - | pathology or blood banking service performed by a pathologist. | |
864 | - | Sec. 29. Subsection (a) of section 20-7c of the general statutes is | |
865 | - | repealed and the following is substituted in lieu thereof (Effective October | |
866 | - | 1, 2022): | |
867 | - | (a) For purposes of this section, "clinical laboratory" has the same | |
868 | - | meaning as provided in section [19a-30] 19a-490, as amended by this act. | |
869 | - | "Clinical laboratory" does not include any state laboratory established | |
870 | - | by the Department of Public Health pursuant to section 19a-26 or 19a- | |
871 | - | 29. | |
872 | - | Sec. 30. Subparagraph (A) of subdivision (6) of subsection (a) of | |
873 | - | section 38a-477aa of the general statutes is repealed and the following is | |
874 | - | substituted in lieu thereof (Effective October 1, 2022): | |
875 | - | (6) (A) "Surprise bill" means a bill for health care services, other than | |
876 | - | emergency services, received by an insured for services rendered by an | |
877 | - | out-of-network health care provider, where such services were rendered | |
878 | - | by (i) such out-of-network provider at an in-network facility, during a | |
879 | - | service or procedure performed by an in-network provider or during a | |
880 | - | service or procedure previously approved or authorized by the health | |
881 | - | carrier and the insured did not knowingly elect to obtain such services | |
882 | - | from such out-of-network provider, or (ii) a clinical laboratory, as | |
883 | - | defined in section [19a-30] 19a-490, as amended by this act, that is an | |
884 | - | out-of-network provider, upon the referral of an in-network provider. | |
885 | - | Sec. 31. Section 7-51a of the 2022 supplement to the general statutes | |
886 | - | is repealed and the following is substituted in lieu thereof (Effective from | |
887 | - | passage): | |
888 | - | (a) Any person eighteen years of age or older may purchase certified Substitute House Bill No. 5500 | |
889 | 681 | ||
890 | - | Public Act No. 22-58 28 of 100 | |
682 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
683 | + | R01-HB.docx } | |
684 | + | 19 of 42 | |
891 | 685 | ||
892 | - | copies of marriage and death records, and certified copies of records of | |
893 | - | births or fetal deaths which are at least one hundred years old, in the | |
894 | - | custody of any registrar of vital statistics. The department may issue | |
895 | - | uncertified copies of death certificates for deaths occurring less than one | |
896 | - | hundred years ago, and uncertified copies of birth, marriage, death and | |
897 | - | fetal death certificates for births, marriages, deaths and fetal deaths that | |
898 | - | occurred at least one hundred years ago, to researchers approved by the | |
899 | - | department pursuant to section 19a-25, and to state and federal agencies | |
900 | - | approved by the department. During all normal business hours, | |
901 | - | members of genealogical societies incorporated or authorized by the | |
902 | - | Secretary of the State to do business or conduct affairs in this state shall | |
903 | - | (1) have full access to all vital records in the custody of any registrar of | |
904 | - | vital statistics, including certificates, ledgers, record books, card files, | |
905 | - | indexes and database printouts, except for those records containing | |
906 | - | Social Security numbers protected pursuant to 42 USC 405 (c)(2)(C), and | |
907 | - | confidential files on adoptions, gender change, surrogacy agreements, | |
908 | - | and parentage, (2) be permitted to make notes from such records, (3) be | |
909 | - | permitted to purchase certified copies of such records, and (4) be | |
910 | - | permitted to incorporate statistics derived from such records in the | |
911 | - | publications of such genealogical societies. For all vital records | |
912 | - | containing Social Security numbers that are protected from disclosure | |
913 | - | pursuant to federal law, the Social Security numbers contained on such | |
914 | - | records shall be redacted from any certified copy of such records issued | |
915 | - | to a genealogist by a registrar of vital statistics. | |
916 | - | (b) For marriage and civil union licenses, the Social Security numbers | |
917 | - | of the parties to the marriage or civil union shall be recorded in the | |
918 | - | "administrative purposes" section of the marriage or civil union license | |
919 | - | and the application for such license. All persons specified on the license, | |
920 | - | including the parties to the marriage or civil union, officiator and local | |
921 | - | registrar shall have access to the Social Security numbers specified on | |
922 | - | the marriage or civil union license and the application for such license | |
923 | - | for the purpose of processing the license. Only the parties to a marriage Substitute House Bill No. 5500 | |
686 | + | (c) (1) Except as provided in this section, a licensee who is actively 559 | |
687 | + | engaged in the practice of optometry shall earn a minimum of twenty 560 | |
688 | + | hours of continuing education each registration period. The subject 561 | |
689 | + | matter for continuing education shall reflect the professional needs of 562 | |
690 | + | the licensee in order to meet the health care needs of the public, and shall 563 | |
691 | + | include [(1)] (A) not less than six hours in any of the following areas: 564 | |
692 | + | Pathology, detection of diabetes and ocular treatment; and [(2)] (B) not 565 | |
693 | + | less than six hours in treatment as it applies to the use of ocular agents-566 | |
694 | + | T. 567 | |
695 | + | (2) Coursework shall be provided in the following manner: (A) Not 568 | |
696 | + | less than ten hours shall be earned through direct, live instruction that 569 | |
697 | + | the licensee physically attends; [either individually or as part of a group 570 | |
698 | + | of participants or through a formal home study or distance learning 571 | |
699 | + | program. Not] (B) not more than ten hours shall be earned through 572 | |
700 | + | synchronous online education with opportunities for live interaction; 573 | |
701 | + | (C) not more than [six] five hours shall be earned through [a home study 574 | |
702 | + | or other distance learning program] asynchronous online education, 575 | |
703 | + | distance learning or home study; and (D) not more than six hours shall 576 | |
704 | + | be in practice management. For the purposes of this subdivision, 577 | |
705 | + | "synchronous online education" means live online classes that are 578 | |
706 | + | conducted in real time and "asynchronous online education" means a 579 | |
707 | + | program where the instructor, learner and other participants are not 580 | |
708 | + | engaged in the learning process at the same time, there is no real-time 581 | |
709 | + | interaction between participants and instructors and the educational 582 | |
710 | + | content is created and made available for later consumption. 583 | |
711 | + | (3) Qualifying continuing education activities include, but are not 584 | |
712 | + | limited to, courses offered or approved by the Council on Optometric 585 | |
713 | + | Practitioner Education of the Association of Regulatory Boards of 586 | |
714 | + | Optometry, the American Optometric Association or state or local 587 | |
715 | + | optometry associations and societies that are affiliated with the 588 | |
716 | + | American Optometric Association, a hospital or other health care 589 | |
717 | + | institution, a school or college of optometry or other institution of higher 590 | |
718 | + | education accredited or recognized by the Council on Optometric 591 Substitute Bill No. 5500 | |
924 | 719 | ||
925 | - | Public Act No. 22-58 29 of 100 | |
926 | 720 | ||
927 | - | or civil union, or entities authorized by state or federal law, may receive | |
928 | - | a certified copy of a marriage or civil union license with the Social | |
929 | - | Security numbers included on the license. Any other individual, | |
930 | - | researcher or state or federal agency requesting a certified or uncertified | |
931 | - | copy of any marriage or civil union license in accordance with the | |
932 | - | provisions of this section shall be provided such copy with such Social | |
933 | - | Security numbers removed or redacted, or with the "administrative | |
934 | - | purposes" section omitted. | |
935 | - | (c) For deaths occurring on or after July 1, 1997, the Social Security | |
936 | - | number of the deceased person shall be recorded in the "administrative | |
937 | - | purposes" section of the death certificate. Such administrative purposes | |
938 | - | section, and the Social Security number contained therein, shall be | |
939 | - | restricted and disclosed only to the following eligible parties: (1) All | |
940 | - | parties specified on the death certificate, including the informant, | |
941 | - | licensed funeral director, licensed embalmer, conservator, surviving | |
942 | - | spouse, physician or advanced practice registered nurse and town clerk, | |
943 | - | for the purpose of processing the certificate, (2) the surviving spouse, (3) | |
944 | - | the next of kin, or (4) any state and federal agencies authorized by | |
945 | - | federal law. The department shall provide any other individual, | |
946 | - | researcher or state or federal agency requesting a certified or uncertified | |
947 | - | death certificate, or the information contained within such certificate, | |
948 | - | for a death occurring on or after July 1, 1997, such certificate or | |
949 | - | information. The decedent's Social Security number shall be removed or | |
950 | - | redacted from such certificate or information or the administrative | |
951 | - | purposes section shall be omitted from such certificate. | |
952 | - | (d) The registrar of vital statistics of any town or city in this state that | |
953 | - | has access to an electronic vital records system, as authorized by the | |
954 | - | department, may use such system to issue certified copies of birth, | |
955 | - | death, fetal death or marriage certificates that are electronically filed in | |
956 | - | such system. | |
957 | - | [(e) Any registrar of vital statistics who receives payment pursuant to Substitute House Bill No. 5500 | |
721 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
722 | + | R01-HB.docx } | |
723 | + | 20 of 42 | |
958 | 724 | ||
959 | - | Public Act No. 22-58 30 of 100 | |
725 | + | Practitioner Education or the American Optometric Association, a state 592 | |
726 | + | or local health department, or a national, state or local medical 593 | |
727 | + | association. 594 | |
728 | + | Sec. 19. Subsection (b) of section 19a-14c of the 2022 supplement to 595 | |
729 | + | the general statutes is repealed and the following is substituted in lieu 596 | |
730 | + | thereof (Effective from passage): 597 | |
731 | + | (b) A psychiatrist licensed pursuant to chapter 370, a psychologist 598 | |
732 | + | licensed pursuant to chapter 383, [an independent] a clinical social 599 | |
733 | + | worker [certified] licensed pursuant to chapter 383b or a marital and 600 | |
734 | + | family therapist licensed pursuant to chapter 383a may provide 601 | |
735 | + | outpatient mental health treatment to a minor without the consent or 602 | |
736 | + | notification of a parent or guardian at the request of the minor if (1) 603 | |
737 | + | requiring the consent or notification of a parent or guardian would 604 | |
738 | + | cause the minor to reject such treatment; (2) the provision of such 605 | |
739 | + | treatment is clinically indicated; (3) the failure to provide such treatment 606 | |
740 | + | would be seriously detrimental to the minor's well-being; (4) the minor 607 | |
741 | + | has knowingly and voluntarily sought such treatment; and (5) in the 608 | |
742 | + | opinion of the provider of treatment, the minor is mature enough to 609 | |
743 | + | participate in treatment productively. The provider of such treatment 610 | |
744 | + | shall document the reasons for any determination made to treat a minor 611 | |
745 | + | without the consent or notification of a parent or guardian and shall 612 | |
746 | + | include such documentation in the minor's clinical record, along with a 613 | |
747 | + | written statement signed by the minor stating that (A) the minor is 614 | |
748 | + | voluntarily seeking such treatment; (B) the minor has discussed with the 615 | |
749 | + | provider the possibility of involving his or her parent or guardian in the 616 | |
750 | + | decision to pursue such treatment; (C) the minor has determined it is 617 | |
751 | + | not in his or her best interest to involve his or her parent or guardian in 618 | |
752 | + | such decision; and (D) the minor has been given adequate opportunity 619 | |
753 | + | to ask the provider questions about the course of his or her treatment. 620 | |
754 | + | Sec. 20. Subsection (b) of section 20-12j of the 2022 supplement to the 621 | |
755 | + | general statutes is repealed and the following is substituted in lieu 622 | |
756 | + | thereof (Effective from passage): 623 Substitute Bill No. 5500 | |
960 | 757 | ||
961 | - | this section may permit such payment to be made on an Internet web | |
962 | - | site designated by the registrar, in a manner prescribed by the registrar.] | |
963 | - | Sec. 32. Section 7-74 of the general statutes is repealed and the | |
964 | - | following is substituted in lieu thereof (Effective from passage): | |
965 | - | (a) The fee for a certification of birth registration, short form, shall be | |
966 | - | fifteen dollars. The fee for a certified copy of a certificate of birth, long | |
967 | - | form, shall be twenty dollars, except that the fee for such certifications | |
968 | - | and copies when issued by the department shall be thirty dollars. | |
969 | - | (b) (1) The fee for a certified copy of a certificate of marriage or death | |
970 | - | shall be twenty dollars. Such fees shall not be required of the | |
971 | - | department. | |
972 | - | (2) Any fee received by the Department of Public Health for a | |
973 | - | certificate of death shall be deposited in the neglected cemetery account, | |
974 | - | established in accordance with section 19a-308b. | |
975 | - | (c) The fee for one certified copy of a certificate of death for any | |
976 | - | deceased person who was a veteran, as defined in subsection (a) of | |
977 | - | section 27-103, shall be waived when such copy is requested by a | |
978 | - | spouse, child or parent of such deceased veteran. | |
979 | - | (d) The fee for an uncertified copy of an original certificate of birth | |
980 | - | issued pursuant to section 7-53 shall be sixty-five dollars. | |
981 | - | (e) Any registrar of vital statistics who receives payment pursuant to | |
982 | - | this section may permit such payment to be made on an Internet web | |
983 | - | site designated by the registrar, in a manner prescribed by the registrar, | |
984 | - | as approved by the Commissioner of Public Health, o r the | |
985 | - | commissioner's designee. | |
986 | - | Sec. 33. Subsections (c) and (d) of section 19a-36m of the general | |
987 | - | statutes are repealed and the following is substituted in lieu thereof Substitute House Bill No. 5500 | |
988 | 758 | ||
989 | - | Public Act No. 22-58 31 of 100 | |
759 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
760 | + | R01-HB.docx } | |
761 | + | 21 of 42 | |
990 | 762 | ||
991 | - | (Effective from passage): | |
992 | - | (c) The provisions of the food code that concern the employment of a | |
993 | - | certified food protection manager and any reporting requirements | |
994 | - | relative to such certified food protection manager [(1)] shall not apply | |
995 | - | to [(A)] (1) an owner or operator of a soup kitchen that relies exclusively | |
996 | - | on services provided by volunteers, [(B)] (2) any volunteer who serves | |
997 | - | meals from a nonprofit organization, including a temporary food | |
998 | - | service establishment and a special event sponsored by a nonprofit civic | |
999 | - | organization, including, but not limited to, school sporting events, little | |
1000 | - | league food booths, church suppers and fairs, or [(C)] (3) any person | |
1001 | - | who serves meals to individuals at a registered congregate meal site | |
1002 | - | funded under Title III of the Older Americans Act of 1965, as amended | |
1003 | - | from time to time, that were prepared under the supervision of a | |
1004 | - | certified food protection manager. [, and (2) shall not prohibit the sale | |
1005 | - | or distribution of food at (A) a bed and breakfast establishment that | |
1006 | - | prepares and offers food to guests, provided the operation is owner- | |
1007 | - | occupied and the total building occupant load is not more than sixteen | |
1008 | - | persons, including the owner and occupants, has no provisions for | |
1009 | - | cooking or warming food in the guest rooms, breakfast is the only meal | |
1010 | - | offered and the consumer of such operation is informed by statements | |
1011 | - | contained in published advertisements, mailed brochures and placards | |
1012 | - | posted in the registration area that the food is prepared in a kitchen that | |
1013 | - | is not regulated and inspected by the local health director, and (B) a | |
1014 | - | noncommercial function, including, but not limited to, an educational, | |
1015 | - | religious, political or charitable organization's bake sale or potluck | |
1016 | - | supper, provided the seller or person distributing the food maintains | |
1017 | - | the food at the temperature, pH level and water activity level conditions | |
1018 | - | that will inhibit the growth of infectious or toxigenic microorganisms. | |
1019 | - | For the purposes of this subsection, "noncommercial function" means a | |
1020 | - | function where food is sold or distributed by a person not regularly | |
1021 | - | engaged in the business of selling such food for profit.] Substitute House Bill No. 5500 | |
763 | + | (b) Each person holding a license as a physician assistant shall, 624 | |
764 | + | annually, during the month of such person's birth, [register] renew such 625 | |
765 | + | license with the Department of Public Health, upon payment of a fee of 626 | |
766 | + | one hundred fifty-five dollars, on [blanks] a form to be [furnished] 627 | |
767 | + | provided by the department for such purpose, giving such person's 628 | |
768 | + | name in full, such person's residence and business address and such 629 | |
769 | + | other information as the department requests. No such license shall be 630 | |
770 | + | renewed unless the department is satisfied that the practitioner (1) has 631 | |
771 | + | met the mandatory continuing medical education requirements of the 632 | |
772 | + | National Commission on Certification of Physician Assistants or a 633 | |
773 | + | successor organization for the certification or recertification of physician 634 | |
774 | + | assistants that may be approved by the department; (2) has passed any 635 | |
775 | + | examination or continued competency assessment the passage of which 636 | |
776 | + | may be required by said commission for maintenance of current 637 | |
777 | + | certification by said commission; (3) has completed not less than one 638 | |
778 | + | contact hour of training or education in prescribing controlled 639 | |
779 | + | substances and pain management in the preceding two-year period; and 640 | |
780 | + | (4) for registration periods beginning on [or before] and after January 1, 641 | |
781 | + | 2022, during the first renewal period and not less than once every six 642 | |
782 | + | years thereafter, earn not less than two contact hours of training or 643 | |
783 | + | education screening for post-traumatic stress disorder, risk of suicide, 644 | |
784 | + | depression and grief and suicide prevention training administered by 645 | |
785 | + | the American [Association] Academy of Physician Assistants, or the 646 | |
786 | + | American Academy of Physician Assistants' successor organization, a 647 | |
787 | + | hospital or other licensed health care institution or a regionally 648 | |
788 | + | accredited institution of higher education. 649 | |
789 | + | Sec. 21. Subparagraph (B) of subdivision (8) of section 19a-177 of the 650 | |
790 | + | 2022 supplement to the general statutes is repealed and the following is 651 | |
791 | + | substituted in lieu thereof (Effective from passage): 652 | |
792 | + | (B) On or before [December 31, 2018] April 1, 2023, and annually 653 | |
793 | + | thereafter, the commissioner shall prepare a report to the Emergency 654 | |
794 | + | Medical Services Advisory Board, established pursuant to section 19a-655 | |
795 | + | 178a, that shall include, but not be limited to, the following data: (i) The 656 Substitute Bill No. 5500 | |
1022 | 796 | ||
1023 | - | Public Act No. 22-58 32 of 100 | |
1024 | 797 | ||
1025 | - | (d) The provisions of the food code shall not (1) apply to a residential | |
1026 | - | care home with thirty beds or less that is licensed pursuant to chapter | |
1027 | - | 368v, provided the administrator of the residential care home or the | |
1028 | - | administrator's designee has satisfactorily passed a test as part of a food | |
1029 | - | protection manager certification program that is evaluated and | |
1030 | - | approved by an accrediting agency recognized by the Conference for | |
1031 | - | Food Protection as conforming to its standard for accreditation of food | |
1032 | - | protection manager certification programs, unless such residential care | |
1033 | - | home enters into a service contract with a food establishment or lends, | |
1034 | - | rents or leases any area of its facility to any person or entity for the | |
1035 | - | purpose of preparing or selling food, at which time the provisions of the | |
1036 | - | food code shall apply to such residential care home, and (2) shall not | |
1037 | - | prohibit the sale or distribution of food at (A) a bed and breakfast | |
1038 | - | establishment that prepares and offers food to guests, provided the | |
1039 | - | operation is owner-occupied and the total building occupant load is not | |
1040 | - | more than sixteen persons, including the owner and occupants, has no | |
1041 | - | provisions for cooking or warming food in the guest rooms, breakfast is | |
1042 | - | the only meal offered and the consumer of such operation is informed | |
1043 | - | by statements contained in published advertisements, mailed brochures | |
1044 | - | and placards posted in the registration area that the food is prepared in | |
1045 | - | a kitchen that is not regulated and inspected by the local health director, | |
1046 | - | and (B) a noncommercial function, including, but not limited to, an | |
1047 | - | educational, religious, political or charitable organization's bake sale or | |
1048 | - | potluck supper, provided the seller or person distributing the food | |
1049 | - | maintains the food at the temperature, pH level and water activity level | |
1050 | - | conditions that will inhibit the growth of infectious or toxigenic | |
1051 | - | microorganisms. For the purposes of this subsection, "noncommercial | |
1052 | - | function" means a function where food is sold or distributed by a person | |
1053 | - | not regularly engaged in the business of selling such food for profit. | |
1054 | - | Sec. 34. Subparagraph (A) of subdivision (2) of subsection (c) of | |
1055 | - | section 16-245n of the 2022 supplement to the general statutes is | |
1056 | - | repealed and the following is substituted in lieu thereof (Effective from Substitute House Bill No. 5500 | |
798 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
799 | + | R01-HB.docx } | |
800 | + | 22 of 42 | |
1057 | 801 | ||
1058 | - | Public Act No. 22-58 33 of 100 | |
802 | + | total number of calls for emergency medical services received during 657 | |
803 | + | the reporting year by each licensed ambulance service, certified 658 | |
804 | + | ambulance service or paramedic intercept service; (ii) the level of 659 | |
805 | + | emergency medical services required for each such call; (iii) the name of 660 | |
806 | + | the emergency medical service organization that provided each such 661 | |
807 | + | level of emergency medical services furnished during the reporting 662 | |
808 | + | year; (iv) the response time, by time ranges or fractile response times, 663 | |
809 | + | for each licensed ambulance service, certified ambulance service or 664 | |
810 | + | paramedic intercept service, using a common definition of response 665 | |
811 | + | time, as provided in regulations adopted pursuant to section 19a-179; 666 | |
812 | + | and (v) the number of passed calls, cancelled calls and mutual aid calls 667 | |
813 | + | during the reporting year. The commissioner shall prepare such report 668 | |
814 | + | in a format that categorizes such data for each municipality in which the 669 | |
815 | + | emergency medical services were provided, with each such 670 | |
816 | + | municipality grouped according to urban, suburban and rural 671 | |
817 | + | classifications. 672 | |
818 | + | Sec. 22. Subdivision (5) of section 14-1 of the 2022 supplement to the 673 | |
819 | + | general statutes is repealed and the following is substituted in lieu 674 | |
820 | + | thereof (Effective from passage): 675 | |
821 | + | (5) "Authorized emergency vehicle" means (A) a fire department 676 | |
822 | + | vehicle, (B) a police vehicle, or (C) an [ambulance] authorized 677 | |
823 | + | emergency medical services vehicle, as defined in section 19a-175; 678 | |
824 | + | Sec. 23. Subsection (a) of section 19a-30 of the 2022 supplement to the 679 | |
825 | + | general statutes is repealed and the following is substituted in lieu 680 | |
826 | + | thereof (Effective October 1, 2022): 681 | |
827 | + | (a) As used in this section, "clinical laboratory" [means any facility or 682 | |
828 | + | other area used for microbiological, serological, chemical, 683 | |
829 | + | hematological, immunohematological, biophysical, cytological, 684 | |
830 | + | pathological or other examinations of human body fluids, secretions, 685 | |
831 | + | excretions or excised or exfoliated tissues, for the purpose of providing 686 | |
832 | + | information for the diagnosis, prevention or treatment of any human 687 | |
833 | + | disease or impairment, for the assessment of human health or for the 688 Substitute Bill No. 5500 | |
1059 | 834 | ||
1060 | - | passage): | |
1061 | - | (2) (A) There is hereby created an Environmental Infrastructure Fund | |
1062 | - | which shall be within the Connecticut Green Bank. The fund may | |
1063 | - | receive any amount required by law to be deposited into the fund and | |
1064 | - | may receive any federal funds as may become available to the state for | |
1065 | - | environmental infrastructure investments, except that the fund shall not | |
1066 | - | receive: (i) Ratepayer or Regional Greenhouse Gas Initiative funds, (ii) | |
1067 | - | funds that have been deposited in, or are required to be deposited in, an | |
1068 | - | account of the Clean Water Fund pursuant to sections 22a-475 to [22a- | |
1069 | - | 438f] 22a-483f, inclusive, or (iii) funds collected from a water company, | |
1070 | - | as defined in section 25-32a. | |
1071 | - | Sec. 35. Subsection (b) of section 20-191c of the 2022 supplement to | |
1072 | - | the general statutes is repealed and the following is substituted in lieu | |
1073 | - | thereof (Effective July 1, 2022): | |
1074 | - | (b) Qualifying continuing education activities shall be related to the | |
1075 | - | practice of psychology and shall include courses, seminars, workshops, | |
1076 | - | conferences and postdoctoral institutes offered or approved by: (1) The | |
1077 | - | American Psychological Association; (2) a regionally accredited | |
1078 | - | institution of higher education graduate program; (3) a nationally | |
1079 | - | recognized provider of continuing education seminars; (4) the | |
1080 | - | Department of Mental Health and Addiction Services; or (5) a | |
1081 | - | behavioral science organization that is professionally or scientifically | |
1082 | - | recognized. Not more than five continuing education units during each | |
1083 | - | registration period shall be completed via [the Internet] asynchronous | |
1084 | - | online education, distance learning or home study. Not less than five | |
1085 | - | continuing education units shall be earned through synchronous online | |
1086 | - | education. On and after January 1, 2016, qualifying continuing | |
1087 | - | education activities shall include not less than two contact hours of | |
1088 | - | training or education during the first renewal period in which | |
1089 | - | continuing education is required and not less than once every six years | |
1090 | - | thereafter on the topic of mental health conditions common to veterans Substitute House Bill No. 5500 | |
1091 | 835 | ||
1092 | - | Public Act No. 22-58 34 of 100 | |
836 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
837 | + | R01-HB.docx } | |
838 | + | 23 of 42 | |
1093 | 839 | ||
1094 | - | and family members of veterans, including (A) determining whether a | |
1095 | - | patient is a veteran or family member of a veteran, (B) screening for | |
1096 | - | conditions such as post-traumatic stress disorder, risk of suicide, | |
1097 | - | depression and grief, and (C) suicide prevention training. Qualifying | |
1098 | - | continuing education activities may include a licensee's research-based | |
1099 | - | presentation at a professional conference, provided not more than five | |
1100 | - | continuing education units during each registration period shall be | |
1101 | - | completed by such activities. A licensee who has earned a diploma from | |
1102 | - | the American Board of Professional Psychology during the registration | |
1103 | - | period may substitute the diploma for continuing education | |
1104 | - | requirements for such registration period. For purposes of this section, | |
1105 | - | "continuing education unit" means fifty to sixty minutes of participation | |
1106 | - | in accredited continuing professional education. For the purposes of this | |
1107 | - | subsection, "synchronous online education" means live online classes | |
1108 | - | that are conducted in real time and "asynchronous online education" | |
1109 | - | means a program where the instructor, learner and other participants | |
1110 | - | are not engaged in the learning process at the same time, there is no real- | |
1111 | - | time interaction between participants and instructors and the | |
1112 | - | educational content is created and made available for later | |
1113 | - | consumption. | |
1114 | - | Sec. 36. Section 19a-563h of the 2022 supplement to the general | |
1115 | - | statutes is repealed and the following is substituted in lieu thereof | |
1116 | - | (Effective from passage): | |
1117 | - | (a) On or before January 1, 2022, the Department of Public Health | |
1118 | - | shall (1) establish minimum staffing level requirements for nursing | |
1119 | - | homes of three hours of direct care per resident per day, and (2) modify | |
1120 | - | staffing level requirements for social work and recreational staff of | |
1121 | - | nursing homes such that the requirements (A) for social work, [are] a | |
1122 | - | number of hours that is based on one full-time social worker per sixty | |
1123 | - | residents and that shall vary proportionally based on the number of | |
1124 | - | residents in the nursing home, and (B) for recreational staff are lower Substitute House Bill No. 5500 | |
840 | + | presence of drugs, poisons or other toxicological substances] has the 689 | |
841 | + | same meaning as provided in section 19a-490, as amended by this act. 690 | |
842 | + | Sec. 24. Section 19a-31b of the general statutes is repealed and the 691 | |
843 | + | following is substituted in lieu thereof (Effective October 1, 2022): 692 | |
844 | + | No clinical laboratory, as defined in section [19a-30] 19a-490, as 693 | |
845 | + | amended by this act, that offers hair follicle drug testing as part of its 694 | |
846 | + | array of diagnostic testing services shall refuse to administer a hair 695 | |
847 | + | follicle drug test that has been ordered by a physician or physician 696 | |
848 | + | assistant, licensed under chapter 370, or an advanced practice registered 697 | |
849 | + | nurse, licensed under chapter 378. 698 | |
850 | + | Sec. 25. Subdivisions (1) and (2) of subsection (a) of section 19a-72 of 699 | |
851 | + | the 2022 supplement to the general statutes are repealed and the 700 | |
852 | + | following is substituted in lieu thereof (Effective October 1, 2022): 701 | |
853 | + | (1) "Clinical laboratory" [means any facility or other area used for 702 | |
854 | + | microbiological, serological, chemical, hematological, 703 | |
855 | + | immunohematological, biophysical, cytological, pathological or other 704 | |
856 | + | examinations of human body fluids, secretions, excretions or excised or 705 | |
857 | + | exfoliated tissues, for the purpose of providing information for the 706 | |
858 | + | diagnosis, prevention or treatment of any human disease or 707 | |
859 | + | impairment, for the assessment of human health or for the presence of 708 | |
860 | + | drugs, poisons or other toxicological substances] has the same meaning 709 | |
861 | + | as provided in section 19a-490, as amended by this act; 710 | |
862 | + | (2) "Hospital" [means an establishment for the lodging, care and 711 | |
863 | + | treatment of persons suffering from disease or other abnormal physical 712 | |
864 | + | or mental conditions and includes inpatient psychiatric services in 713 | |
865 | + | general hospitals] has the same meaning as provided in section 19a-490, 714 | |
866 | + | as amended by this act; 715 | |
867 | + | Sec. 26. Subdivision (1) of subsection (a) of section 19a-215 of the 2022 716 | |
868 | + | supplement to the general statutes is repealed and the following is 717 | |
869 | + | substituted in lieu thereof (Effective October 1, 2022): 718 Substitute Bill No. 5500 | |
1125 | 870 | ||
1126 | - | Public Act No. 22-58 35 of 100 | |
1127 | 871 | ||
1128 | - | than the current requirements, as deemed appropriate by the | |
1129 | - | Commissioner of Public Health. | |
1130 | - | (b) The commissioner shall adopt regulations in accordance with the | |
1131 | - | provisions of chapter 54 that set forth nursing home staffing level | |
1132 | - | requirements to implement the provisions of this section. The | |
1133 | - | Commissioner of Public Health may implement policies and procedures | |
1134 | - | necessary to administer the provisions of this section while in the | |
1135 | - | process of adopting such policies and procedures as regulations, | |
1136 | - | provided notice of intent to adopt regulations is published on the | |
1137 | - | eRegulations System not later than twenty days after the date of | |
1138 | - | implementation. Policies and procedures implemented pursuant to this | |
1139 | - | section shall be valid until the time final regulations are adopted. | |
1140 | - | Sec. 37. Section 17b-59d of the general statutes is repealed and the | |
1141 | - | following is substituted in lieu thereof (Effective from passage): | |
1142 | - | (a) There shall be established a State-wide Health Information | |
1143 | - | Exchange to empower consumers to make effective health care | |
1144 | - | decisions, promote patient-centered care, improve the quality, safety | |
1145 | - | and value of health care, reduce waste and duplication of services, | |
1146 | - | support clinical decision-making, keep confidential health information | |
1147 | - | secure and make progress toward the state's public health goals. | |
1148 | - | (b) It shall be the goal of the State-wide Health Information Exchange | |
1149 | - | to: (1) Allow real-time, secure access to patient health information and | |
1150 | - | complete medical records across all health care provider settings; (2) | |
1151 | - | provide patients with secure electronic access to their health | |
1152 | - | information; (3) allow voluntary participation by patients to access their | |
1153 | - | health information at no cost; (4) support care coordination through | |
1154 | - | real-time alerts and timely access to clinical information; (5) reduce costs | |
1155 | - | associated with preventable readmissions, duplicative testing and | |
1156 | - | medical errors; (6) promote the highest level of interoperability; (7) meet | |
1157 | - | all state and federal privacy and security requirements; (8) support Substitute House Bill No. 5500 | |
872 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
873 | + | R01-HB.docx } | |
874 | + | 24 of 42 | |
1158 | 875 | ||
1159 | - | Public Act No. 22-58 36 of 100 | |
876 | + | (1) "Clinical laboratory" [means any facility or other area used for 719 | |
877 | + | microbiological, serological, chemical, hematological, 720 | |
878 | + | immunohematological, biophysical, cytological, pathological or other 721 | |
879 | + | examinations of human body fluids, secretions, excretions or excised or 722 | |
880 | + | exfoliated tissues, for the purpose of providing information for the 723 | |
881 | + | diagnosis, prevention or treatment of any human disease or 724 | |
882 | + | impairment, for the assessment of human health or for the presence of 725 | |
883 | + | drugs, poisons or other toxicological substances] has the same meaning 726 | |
884 | + | as provided in section 19a-490, as amended by this act. 727 | |
885 | + | Sec. 27. Subsection (a) of section 19a-269b of the general statutes is 728 | |
886 | + | repealed and the following is substituted in lieu thereof (Effective October 729 | |
887 | + | 1, 2022): 730 | |
888 | + | (a) As used in this section, "clinical laboratory" has the same meaning 731 | |
889 | + | as provided in section [19a-30] 19a-490, as amended by this act. 732 | |
890 | + | Sec. 28. Subsection (d) of section 20-7a of the general statutes is 733 | |
891 | + | repealed and the following is substituted in lieu thereof (Effective October 734 | |
892 | + | 1, 2022): 735 | |
893 | + | (d) No person or entity, other than a physician licensed under chapter 736 | |
894 | + | 370, a clinical laboratory, as defined in section [19a-30] 19a-490, as 737 | |
895 | + | amended by this act, or a referring clinical laboratory, shall directly or 738 | |
896 | + | indirectly charge, bill or otherwise solicit payment for the provision of 739 | |
897 | + | anatomic pathology services, unless such services were personally 740 | |
898 | + | rendered by or under the direct supervision of such physician, clinical 741 | |
899 | + | laboratory or referring laboratory in accordance with section 353 of the 742 | |
900 | + | Public Health Service Act, (42 USC 263a). A clinical laboratory or 743 | |
901 | + | referring laboratory may only solicit payment for anatomic pathology 744 | |
902 | + | services from the patient, a hospital, the responsible insurer of a third 745 | |
903 | + | party payor, or a governmental agency or such agency's public or 746 | |
904 | + | private agent that is acting on behalf of the recipient of such services. 747 | |
905 | + | Nothing in this subsection shall be construed to prohibit a clinical 748 | |
906 | + | laboratory from billing a referring clinical laboratory when specimens 749 | |
907 | + | are transferred between such laboratories for histologic or cytologic 750 Substitute Bill No. 5500 | |
1160 | 908 | ||
1161 | - | public health reporting, quality improvement, academic research and | |
1162 | - | health care delivery and payment reform through data aggregation and | |
1163 | - | analytics; (9) support population health analytics; (10) be standards- | |
1164 | - | based; and (11) provide for broad local governance that (A) includes | |
1165 | - | stakeholders, including, but not limited to, representatives of the | |
1166 | - | Department of Social Services, hospitals, physicians, behavioral health | |
1167 | - | care providers, long-term care providers, health insurers, employers, | |
1168 | - | patients and academic or medical research institutions, and (B) is | |
1169 | - | committed to the successful development and implementation of the | |
1170 | - | State-wide Health Information Exchange. | |
1171 | - | (c) All contracts or agreements entered into by or on behalf of the state | |
1172 | - | relating to health information technology or the exchange of health | |
1173 | - | information shall be consistent with the goals articulated in subsection | |
1174 | - | (b) of this section and shall utilize contractors, vendors and other | |
1175 | - | partners with a demonstrated commitment to such goals. | |
1176 | - | (d) (1) The executive director of the Office of Health Strategy, in | |
1177 | - | consultation with the Secretary of the Office of Policy and Management | |
1178 | - | and the State Health Information Technology Advisory Council, | |
1179 | - | established pursuant to section 17b-59f, shall, upon the approval by the | |
1180 | - | State Bond Commission of bond funds authorized by the General | |
1181 | - | Assembly for the purposes of establishing a State-wide Health | |
1182 | - | Information Exchange, develop and issue a request for proposals for the | |
1183 | - | development, management and operation of the State-wide Health | |
1184 | - | Information Exchange. Such request shall promote the reuse of any and | |
1185 | - | all enterprise health information technology assets, such as the existing | |
1186 | - | Provider Directory, Enterprise Master Person Index, Direct Secure | |
1187 | - | Messaging Health Information Service provider infrastructure, analytic | |
1188 | - | capabilities and tools that exist in the state or are in the process of being | |
1189 | - | deployed. Any enterprise health information exchange technology | |
1190 | - | assets purchased after June 2, 2016, and prior to the implementation of | |
1191 | - | the State-wide Health Information Exchange shall be capable of Substitute House Bill No. 5500 | |
1192 | 909 | ||
1193 | - | Public Act No. 22-58 37 of 100 | |
910 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
911 | + | R01-HB.docx } | |
912 | + | 25 of 42 | |
1194 | 913 | ||
1195 | - | interoperability with a State-wide Health Information Exchange. | |
1196 | - | (2) Such request for proposals may require an eligible organization | |
1197 | - | responding to the request to: (A) Have not less than three years of | |
1198 | - | experience operating either a state-wide health information exchange in | |
1199 | - | any state or a regional exchange serving a population of not less than | |
1200 | - | one million that (i) enables the exchange of patient health information | |
1201 | - | among health care providers, patients and other authorized users | |
1202 | - | without regard to location, source of payment or technology, (ii) | |
1203 | - | includes, with proper consent, behavioral health and substance abuse | |
1204 | - | treatment information, (iii) supports transitions of care and care | |
1205 | - | coordination through real-time health care provider alerts and access to | |
1206 | - | clinical information, (iv) allows health information to follow each | |
1207 | - | patient, (v) allows patients to access and manage their health data, and | |
1208 | - | (vi) has demonstrated success in reducing costs associated with | |
1209 | - | preventable readmissions, duplicative testing or medical errors; (B) be | |
1210 | - | committed to, and demonstrate, a high level of transparency in its | |
1211 | - | governance, decision-making and operations; (C) be capable of | |
1212 | - | providing consulting to ensure effective governance; (D) be regulated or | |
1213 | - | administratively overseen by a state government agency; and (E) have | |
1214 | - | sufficient staff and appropriate expertise and experience to carry out the | |
1215 | - | administrative, operational and financial responsibilities of the State- | |
1216 | - | wide Health Information Exchange. | |
1217 | - | (e) Notwithstanding the provisions of subsection (d) of this section, | |
1218 | - | if, on or before January 1, 2016, the Commissioner of Social Services, in | |
1219 | - | consultation with the State Health Information Technology Advisory | |
1220 | - | Council, established pursuant to section 17b-59f, submits a plan to the | |
1221 | - | Secretary of the Office of Policy and Management for the establishment | |
1222 | - | of a State-wide Health Information Exchange consistent with | |
1223 | - | subsections (a), (b) and (c) of this section, and such plan is approved by | |
1224 | - | the secretary, the commissioner may implement such plan and enter | |
1225 | - | into any contracts or agreements to implement such plan. Substitute House Bill No. 5500 | |
914 | + | processing or consultation. No patient or other third party payor, as 751 | |
915 | + | described in this subsection, shall be required to reimburse any provider 752 | |
916 | + | for charges or claims submitted in violation of this section. For purposes 753 | |
917 | + | of this subsection, (1) "referring clinical laboratory" means a clinical 754 | |
918 | + | laboratory that refers a patient specimen for consultation or anatomic 755 | |
919 | + | pathology services, excluding the laboratory of a physician's office or 756 | |
920 | + | group practice that takes a patient specimen and does not perform the 757 | |
921 | + | professional diagnostic component of the anatomic pathology services 758 | |
922 | + | involved, and (2) "anatomic pathology services" means the gross and 759 | |
923 | + | microscopic examination and histologic or cytologic processing of 760 | |
924 | + | human specimens, including histopathology or surgical pathology, 761 | |
925 | + | cytopathology, hematology, subcellular pathology or molecular 762 | |
926 | + | pathology or blood banking service performed by a pathologist. 763 | |
927 | + | Sec. 29. Subsection (a) of section 20-7c of the general statutes is 764 | |
928 | + | repealed and the following is substituted in lieu thereof (Effective October 765 | |
929 | + | 1, 2022): 766 | |
930 | + | (a) For purposes of this section, "clinical laboratory" has the same 767 | |
931 | + | meaning as provided in section [19a-30] 19a-490, as amended by this act. 768 | |
932 | + | "Clinical laboratory" does not include any state laboratory established 769 | |
933 | + | by the Department of Public Health pursuant to section 19a-26 or 19a-770 | |
934 | + | 29. 771 | |
935 | + | Sec. 30. Subparagraph (A) of subdivision (6) of subsection (a) of 772 | |
936 | + | section 38a-477aa of the general statutes is repealed and the following is 773 | |
937 | + | substituted in lieu thereof (Effective October 1, 2022): 774 | |
938 | + | (6) (A) "Surprise bill" means a bill for health care services, other than 775 | |
939 | + | emergency services, received by an insured for services rendered by an 776 | |
940 | + | out-of-network health care provider, where such services were rendered 777 | |
941 | + | by (i) such out-of-network provider at an in-network facility, during a 778 | |
942 | + | service or procedure performed by an in-network provider or during a 779 | |
943 | + | service or procedure previously approved or authorized by the health 780 | |
944 | + | carrier and the insured did not knowingly elect to obtain such services 781 | |
945 | + | from such out-of-network provider, or (ii) a clinical laboratory, as 782 Substitute Bill No. 5500 | |
1226 | 946 | ||
1227 | - | Public Act No. 22-58 38 of 100 | |
1228 | 947 | ||
1229 | - | (f) The executive director of the Office of Health Strategy shall have | |
1230 | - | administrative authority over the State-wide Health Information | |
1231 | - | Exchange. The executive director shall be responsible for designating, | |
1232 | - | and posting on its Internet web site, the list of systems, technologies, | |
1233 | - | entities and programs that shall constitute the State-wide Health | |
1234 | - | Information Exchange. Systems, technologies, entities, and programs | |
1235 | - | that have not been so designated shall not be considered part of said | |
1236 | - | exchange. | |
1237 | - | (g) The executive director of the Office of Health Strategy shall adopt | |
1238 | - | regulations in accordance with the provisions of chapter 54 that set forth | |
1239 | - | requirements necessary to implement the provisions of this section. The | |
1240 | - | executive director may implement policies and procedures necessary to | |
1241 | - | administer the provisions of this section while in the process of adopting | |
1242 | - | such policies and procedures in regulation form, provided the executive | |
1243 | - | director holds a public hearing at least thirty days prior to implementing | |
1244 | - | such policies and procedures and publishes notice of intention to adopt | |
1245 | - | the regulations on the Office of Health Strategy's Internet web site and | |
1246 | - | the eRegulations System not later than twenty days after implementing | |
1247 | - | such policies and procedures. Policies and procedures implemented | |
1248 | - | pursuant to this subsection shall be valid until the time such regulations | |
1249 | - | are effective. | |
1250 | - | Sec. 38. Section 17b-59e of the general statutes is repealed and the | |
1251 | - | following is substituted in lieu thereof (Effective from passage): | |
1252 | - | (a) For purposes of this section: | |
1253 | - | (1) "Health care provider" means any individual, corporation, facility | |
1254 | - | or institution licensed by the state to provide health care services; and | |
1255 | - | (2) "Electronic health record system" means a computer-based | |
1256 | - | information system that is used to create, collect, store, manipulate, | |
1257 | - | share, exchange or make available electronic health records for the Substitute House Bill No. 5500 | |
948 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
949 | + | R01-HB.docx } | |
950 | + | 26 of 42 | |
1258 | 951 | ||
1259 | - | Public Act No. 22-58 39 of 100 | |
952 | + | defined in section [19a-30] 19a-490, as amended by this act, that is an 783 | |
953 | + | out-of-network provider, upon the referral of an in-network provider. 784 | |
954 | + | Sec. 31. Section 7-51a of the 2022 supplement to the general statutes 785 | |
955 | + | is repealed and the following is substituted in lieu thereof (Effective from 786 | |
956 | + | passage): 787 | |
957 | + | (a) Any person eighteen years of age or older may purchase certified 788 | |
958 | + | copies of marriage and death records, and certified copies of records of 789 | |
959 | + | births or fetal deaths which are at least one hundred years old, in the 790 | |
960 | + | custody of any registrar of vital statistics. The department may issue 791 | |
961 | + | uncertified copies of death certificates for deaths occurring less than one 792 | |
962 | + | hundred years ago, and uncertified copies of birth, marriage, death and 793 | |
963 | + | fetal death certificates for births, marriages, deaths and fetal deaths that 794 | |
964 | + | occurred at least one hundred years ago, to researchers approved by the 795 | |
965 | + | department pursuant to section 19a-25, and to state and federal agencies 796 | |
966 | + | approved by the department. During all normal business hours, 797 | |
967 | + | members of genealogical societies incorporated or authorized by the 798 | |
968 | + | Secretary of the State to do business or conduct affairs in this state shall 799 | |
969 | + | (1) have full access to all vital records in the custody of any registrar of 800 | |
970 | + | vital statistics, including certificates, ledgers, record books, card files, 801 | |
971 | + | indexes and database printouts, except for those records containing 802 | |
972 | + | Social Security numbers protected pursuant to 42 USC 405 (c)(2)(C), and 803 | |
973 | + | confidential files on adoptions, gender change, surrogacy agreements, 804 | |
974 | + | and parentage, (2) be permitted to make notes from such records, (3) be 805 | |
975 | + | permitted to purchase certified copies of such records, and (4) be 806 | |
976 | + | permitted to incorporate statistics derived from such records in the 807 | |
977 | + | publications of such genealogical societies. For all vital records 808 | |
978 | + | containing Social Security numbers that are protected from disclosure 809 | |
979 | + | pursuant to federal law, the Social Security numbers contained on such 810 | |
980 | + | records shall be redacted from any certified copy of such records issued 811 | |
981 | + | to a genealogist by a registrar of vital statistics. 812 | |
982 | + | (b) For marriage and civil union licenses, the Social Security numbers 813 | |
983 | + | of the parties to the marriage or civil union shall be recorded in the 814 | |
984 | + | "administrative purposes" section of the marriage or civil union license 815 Substitute Bill No. 5500 | |
1260 | 985 | ||
1261 | - | purposes of the delivery of patient care. | |
1262 | - | (b) Not later than one year after commencement of the operation of | |
1263 | - | the State-wide Health Information Exchange, each hospital licensed | |
1264 | - | under chapter 368v and clinical laboratory licensed under section 19a- | |
1265 | - | 30, as amended by this act, shall maintain an electronic health record | |
1266 | - | system capable of connecting to and participating in the State-wide | |
1267 | - | Health Information Exchange and shall apply to begin the process of | |
1268 | - | connecting to, and participating in, the State-wide Health Information | |
1269 | - | Exchange. | |
1270 | - | (c) Not later than two years after commencement of the operation of | |
1271 | - | the State-wide Health Information Exchange, (1) each health care | |
1272 | - | provider with an electronic health record system capable of connecting | |
1273 | - | to, and participating in, the State-wide Health Information Exchange | |
1274 | - | shall apply to begin the process of connecting to, and participating in, | |
1275 | - | the State-wide Health Information Exchange, and (2) each health care | |
1276 | - | provider without an electronic health record system capable of | |
1277 | - | connecting to, and participating in, the State-wide Health Information | |
1278 | - | Exchange shall be capable of sending and receiving secure messages | |
1279 | - | that comply with the Direct Project specifications published by the | |
1280 | - | federal Office of the National Coordinator for Health Information | |
1281 | - | Technology. | |
1282 | - | (d) The executive director of the Office of Health Strategy shall adopt | |
1283 | - | regulations in accordance with the provisions of chapter 54 that set forth | |
1284 | - | requirements necessary to implement the provisions of this section. The | |
1285 | - | executive director may implement policies and procedures necessary to | |
1286 | - | administer the provisions of this section while in the process of adopting | |
1287 | - | such policies and procedures in regulation form, provided the executive | |
1288 | - | director holds a public hearing at least thirty days prior to implementing | |
1289 | - | such policies and procedures and publishes notice of intention to adopt | |
1290 | - | the regulations on the Office of Health Strategy's Internet web site and | |
1291 | - | the eRegulations System not later than twenty days after implementing Substitute House Bill No. 5500 | |
1292 | 986 | ||
1293 | - | Public Act No. 22-58 40 of 100 | |
987 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
988 | + | R01-HB.docx } | |
989 | + | 27 of 42 | |
1294 | 990 | ||
1295 | - | such policies and procedures. Policies and procedures implemented | |
1296 | - | pursuant to this subsection shall be valid until the time such regulations | |
1297 | - | are effective. | |
1298 | - | Sec. 39. Subsection (c) of section 19a-495 of the general statutes is | |
1299 | - | repealed and the following is substituted in lieu thereof (Effective from | |
1300 | - | passage): | |
1301 | - | (c) The commissioner may waive any provisions of the regulations | |
1302 | - | affecting an institution [, as defined in section 19a-490] or a clinical | |
1303 | - | laboratory, licensed pursuant to section 19a-30, as amended by this act, | |
1304 | - | if the commissioner determines that such waiver would not endanger | |
1305 | - | the health, safety or welfare of any patient or resident. The | |
1306 | - | commissioner may impose conditions, upon granting the waiver, that | |
1307 | - | assure the health, safety and welfare of patients or residents, and may | |
1308 | - | revoke the waiver upon a finding that the health, safety or welfare of | |
1309 | - | any patient or resident has been jeopardized. The commissioner shall | |
1310 | - | not grant a waiver that would result in a violation of the Fire Safety | |
1311 | - | Code or State Building Code. The commissioner may adopt regulations, | |
1312 | - | in accordance with chapter 54, establishing procedures for an | |
1313 | - | application for a waiver pursuant to this subsection. | |
1314 | - | Sec. 40. (Effective from passage) (a) As used in this section: | |
1315 | - | (1) "Certified doula" means a doula that is certified by the Department | |
1316 | - | of Public Health; and | |
1317 | - | (2) "Doula" means a trained, nonmedical professional who provides | |
1318 | - | physical, emotional and informational support, virtually or in person, | |
1319 | - | to a pregnant person before, during and after birth. | |
1320 | - | (b) The Commissioner of Public Health shall, within available | |
1321 | - | resources, establish a Doula Advisory Committee within the | |
1322 | - | Department of Public Health. The Doula Advisory Committee shall | |
1323 | - | develop recommendations for (1) requirements for certification and Substitute House Bill No. 5500 | |
991 | + | and the application for such license. All persons specified on the license, 816 | |
992 | + | including the parties to the marriage or civil union, officiator and local 817 | |
993 | + | registrar shall have access to the Social Security numbers specified on 818 | |
994 | + | the marriage or civil union license and the application for such license 819 | |
995 | + | for the purpose of processing the license. Only the parties to a marriage 820 | |
996 | + | or civil union, or entities authorized by state or federal law, may receive 821 | |
997 | + | a certified copy of a marriage or civil union license with the Social 822 | |
998 | + | Security numbers included on the license. Any other individual, 823 | |
999 | + | researcher or state or federal agency requesting a certified or uncertified 824 | |
1000 | + | copy of any marriage or civil union license in accordance with the 825 | |
1001 | + | provisions of this section shall be provided such copy with such Social 826 | |
1002 | + | Security numbers removed or redacted, or with the "administrative 827 | |
1003 | + | purposes" section omitted. 828 | |
1004 | + | (c) For deaths occurring on or after July 1, 1997, the Social Security 829 | |
1005 | + | number of the deceased person shall be recorded in the "administrative 830 | |
1006 | + | purposes" section of the death certificate. Such administrative purposes 831 | |
1007 | + | section, and the Social Security number contained therein, shall be 832 | |
1008 | + | restricted and disclosed only to the following eligible parties: (1) All 833 | |
1009 | + | parties specified on the death certificate, including the informant, 834 | |
1010 | + | licensed funeral director, licensed embalmer, conservator, surviving 835 | |
1011 | + | spouse, physician or advanced practice registered nurse and town clerk, 836 | |
1012 | + | for the purpose of processing the certificate, (2) the surviving spouse, (3) 837 | |
1013 | + | the next of kin, or (4) any state and federal agencies authorized by 838 | |
1014 | + | federal law. The department shall provide any other individual, 839 | |
1015 | + | researcher or state or federal agency requesting a certified or uncertified 840 | |
1016 | + | death certificate, or the information contained within such certificate, 841 | |
1017 | + | for a death occurring on or after July 1, 1997, such certificate or 842 | |
1018 | + | information. The decedent's Social Security number shall be removed or 843 | |
1019 | + | redacted from such certificate or information or the administrative 844 | |
1020 | + | purposes section shall be omitted from such certificate. 845 | |
1021 | + | (d) The registrar of vital statistics of any town or city in this state that 846 | |
1022 | + | has access to an electronic vital records system, as authorized by the 847 | |
1023 | + | department, may use such system to issue certified copies of birth, 848 Substitute Bill No. 5500 | |
1324 | 1024 | ||
1325 | - | Public Act No. 22-58 41 of 100 | |
1326 | 1025 | ||
1327 | - | certification renewal of doulas, including, but not limited to, training, | |
1328 | - | experience or continuing education requirements; and (2) standards for | |
1329 | - | recognizing doula training program curricula that are sufficient to | |
1330 | - | satisfy the requirements for doula certification. | |
1331 | - | (c) The Commissioner of Public Health, or the commissioner's | |
1332 | - | designee, shall be the chairperson of the Doula Advisory Committee. | |
1333 | - | (d) The Doula Advisory Committee shall consist of the following | |
1334 | - | members: | |
1335 | - | (1) Seven appointed by the Commissioner of Public Health, or the | |
1336 | - | commissioner's designee, who are actively practicing as doulas in the | |
1337 | - | state; | |
1338 | - | (2) One appointed by the Commissioner of Public Health, or the | |
1339 | - | commissioner's designee, who is a nurse-midwife, licensed pursuant to | |
1340 | - | chapter 377 of the general statutes, who has experience working with a | |
1341 | - | doula; | |
1342 | - | (3) One appointed by the Commissioner of Public Health, or the | |
1343 | - | commissioner's designee, in consultation with the Connecticut Hospital | |
1344 | - | Association, who shall represent an acute care hospital; | |
1345 | - | (4) One appointed by the Commissioner of Public Health, or the | |
1346 | - | commissioner's designee, who shall represent an association that | |
1347 | - | represents hospitals and health-related organizations in the state; | |
1348 | - | (5) One appointed by the Commissioner of Public Health, or the | |
1349 | - | commissioner's designee, who shall be a licensed health care provider | |
1350 | - | who specializes in obstetrics and has experience working with a doula; | |
1351 | - | (6) One appointed by the Commissioner of Public Health, or the | |
1352 | - | commissioner's designee, who shall represent a community-based | |
1353 | - | doula training organization; Substitute House Bill No. 5500 | |
1026 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1027 | + | R01-HB.docx } | |
1028 | + | 28 of 42 | |
1354 | 1029 | ||
1355 | - | Public Act No. 22-58 42 of 100 | |
1030 | + | death, fetal death or marriage certificates that are electronically filed in 849 | |
1031 | + | such system. 850 | |
1032 | + | [(e) Any registrar of vital statistics who receives payment pursuant to 851 | |
1033 | + | this section may permit such payment to be made on an Internet web 852 | |
1034 | + | site designated by the registrar, in a manner prescribed by the registrar.] 853 | |
1035 | + | Sec. 32. Section 7-74 of the general statutes is repealed and the 854 | |
1036 | + | following is substituted in lieu thereof (Effective from passage): 855 | |
1037 | + | (a) The fee for a certification of birth registration, short form, shall be 856 | |
1038 | + | fifteen dollars. The fee for a certified copy of a certificate of birth, long 857 | |
1039 | + | form, shall be twenty dollars, except that the fee for such certifications 858 | |
1040 | + | and copies when issued by the department shall be thirty dollars. 859 | |
1041 | + | (b) (1) The fee for a certified copy of a certificate of marriage or death 860 | |
1042 | + | shall be twenty dollars. Such fees shall not be required of the 861 | |
1043 | + | department. 862 | |
1044 | + | (2) Any fee received by the Department of Public Health for a 863 | |
1045 | + | certificate of death shall be deposited in the neglected cemetery account, 864 | |
1046 | + | established in accordance with section 19a-308b. 865 | |
1047 | + | (c) The fee for one certified copy of a certificate of death for any 866 | |
1048 | + | deceased person who was a veteran, as defined in subsection (a) of 867 | |
1049 | + | section 27-103, shall be waived when such copy is requested by a 868 | |
1050 | + | spouse, child or parent of such deceased veteran. 869 | |
1051 | + | (d) The fee for an uncertified copy of an original certificate of birth 870 | |
1052 | + | issued pursuant to section 7-53 shall be sixty-five dollars. 871 | |
1053 | + | (e) Any registrar of vital statistics who receives payment pursuant to 872 | |
1054 | + | this section may permit such payment to be made on an Internet web 873 | |
1055 | + | site designated by the registrar, in a manner prescribed by the registrar, 874 | |
1056 | + | as approved by the Commissioner of Public Health, or the 875 | |
1057 | + | commissioner's designee. 876 Substitute Bill No. 5500 | |
1356 | 1058 | ||
1357 | - | (7) One appointed by the Commissioner of Public Health, or the | |
1358 | - | commissioner's designee, who shall represent a community-based | |
1359 | - | maternal and child health organization; | |
1360 | - | (8) One appointed by the Commissioner of Public Health, or the | |
1361 | - | commissioner's designee, who shall have expertise in health equity; | |
1362 | - | (9) The Commissioner of Social Services, or the commissioner's | |
1363 | - | designee; | |
1364 | - | (10) The Commissioner of Mental Health and Addiction Services, or | |
1365 | - | the commissioner's designee; and | |
1366 | - | (11) The Commissioner of Early Childhood, or the commissioner's | |
1367 | - | designee. | |
1368 | - | (e) Not later than January 15, 2023, the Doula Advisory Committee | |
1369 | - | shall establish a Doula Training Program Review Committee. Such | |
1370 | - | committee shall (1) conduct a continuous review of doula training | |
1371 | - | programs; and (2) provide a list of approved doula training programs | |
1372 | - | in the state that meet the requirements established by the Doula | |
1373 | - | Advisory Committee. | |
1374 | - | Sec. 41. (Effective from passage) The Commissioner of Public Health | |
1375 | - | shall study whether the state should adopt safe harbor legislation that | |
1376 | - | permits alternative health care practitioners who are not licensed, | |
1377 | - | certified or registered in the state to provide traditional health care | |
1378 | - | services, to provide certain alternative health care services, including, | |
1379 | - | but not limited to, aromatherapy, energetic healing, healing touch, | |
1380 | - | herbology or herbalism, meditation and mind body practices, polarity | |
1381 | - | therapy, reflexology and Reiki, without violating any provision of the | |
1382 | - | general statutes relating to the unlicensed practice of medicine. Not later | |
1383 | - | than January 1, 2023, the commissioner shall report, in accordance with | |
1384 | - | the provisions of section 11-4a of the general statutes, regarding such | |
1385 | - | study to the joint standing committee of the General Assembly having Substitute House Bill No. 5500 | |
1386 | 1059 | ||
1387 | - | Public Act No. 22-58 43 of 100 | |
1060 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1061 | + | R01-HB.docx } | |
1062 | + | 29 of 42 | |
1388 | 1063 | ||
1389 | - | cognizance of matters relating to public health. | |
1390 | - | Sec. 42. Subsection (c) of section 19a-498 of the general statutes is | |
1391 | - | repealed and the following is substituted in lieu thereof (Effective October | |
1392 | - | 1, 2022): | |
1393 | - | (c) The Department of Mental Health and Addiction Services, with | |
1394 | - | respect to any behavioral health facility, [or alcohol or drug treatment | |
1395 | - | facility,] shall be authorized, either upon the request of the | |
1396 | - | Commissioner of Public Health or at such other times as they deem | |
1397 | - | necessary, to enter such facility for the purpose of inspecting programs | |
1398 | - | conducted at such facility. A written report of the findings of any such | |
1399 | - | inspection shall be forwarded to the Commissioner of Public Health and | |
1400 | - | a copy shall be maintained in such facility's licensure file. | |
1401 | - | Sec. 43. Section 19a-509g of the general statutes is repealed and the | |
1402 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
1403 | - | [An alcohol or drug treatment facility, as defined in section 19a-490,] | |
1404 | - | A behavioral health facility shall use the criteria for admission | |
1405 | - | developed by the American Society of Addiction Medicine for purposes | |
1406 | - | of assessing a person for admission to such facility in consideration of | |
1407 | - | (1) the services for which the facility is licensed, and (2) the appropriate | |
1408 | - | services required for treatment of such person. | |
1409 | - | Sec. 44. Subdivision (1) of subsection (b) of section 38a-493 of the 2022 | |
1410 | - | supplement to the general statutes is repealed and the following is | |
1411 | - | substituted in lieu thereof (Effective October 1, 2022): | |
1412 | - | (1) "Hospital" means an institution that is primarily engaged in | |
1413 | - | providing, by or under the supervision of physicians, to inpatients (A) | |
1414 | - | diagnostic, surgical and therapeutic services for medical diagnosis, | |
1415 | - | treatment and care of persons who have an injury, sickness or disability, | |
1416 | - | or (B) medical rehabilitation services for the rehabilitation of persons | |
1417 | - | who have an injury, sickness or disability. "Hospital" does not include a Substitute House Bill No. 5500 | |
1064 | + | Sec. 33. Subsections (c) and (d) of section 19a-36m of the general 877 | |
1065 | + | statutes are repealed and the following is substituted in lieu thereof 878 | |
1066 | + | (Effective from passage): 879 | |
1067 | + | (c) The provisions of the food code that concern the employment of a 880 | |
1068 | + | certified food protection manager and any reporting requirements 881 | |
1069 | + | relative to such certified food protection manager [(1)] shall not apply 882 | |
1070 | + | to [(A)] (1) an owner or operator of a soup kitchen that relies exclusively 883 | |
1071 | + | on services provided by volunteers, [(B)] (2) any volunteer who serves 884 | |
1072 | + | meals from a nonprofit organization, including a temporary food 885 | |
1073 | + | service establishment and a special event sponsored by a nonprofit civic 886 | |
1074 | + | organization, including, but not limited to, school sporting events, little 887 | |
1075 | + | league food booths, church suppers and fairs, or [(C)] (3) any person 888 | |
1076 | + | who serves meals to individuals at a registered congregate meal site 889 | |
1077 | + | funded under Title III of the Older Americans Act of 1965, as amended 890 | |
1078 | + | from time to time, that were prepared under the supervision of a 891 | |
1079 | + | certified food protection manager. [, and (2) shall not prohibit the sale 892 | |
1080 | + | or distribution of food at (A) a bed and breakfast establishment that 893 | |
1081 | + | prepares and offers food to guests, provided the operation is owner-894 | |
1082 | + | occupied and the total building occupant load is not more than sixteen 895 | |
1083 | + | persons, including the owner and occupants, has no provisions for 896 | |
1084 | + | cooking or warming food in the guest rooms, breakfast is the only meal 897 | |
1085 | + | offered and the consumer of such operation is informed by statements 898 | |
1086 | + | contained in published advertisements, mailed brochures and placards 899 | |
1087 | + | posted in the registration area that the food is prepared in a kitchen that 900 | |
1088 | + | is not regulated and inspected by the local health director, and (B) a 901 | |
1089 | + | noncommercial function, including, but not limited to, an educational, 902 | |
1090 | + | religious, political or charitable organization's bake sale or potluck 903 | |
1091 | + | supper, provided the seller or person distributing the food maintains 904 | |
1092 | + | the food at the temperature, pH level and water activity level conditions 905 | |
1093 | + | that will inhibit the growth of infectious or toxigenic microorganisms. 906 | |
1094 | + | For the purposes of this subsection, "noncommercial function" means a 907 | |
1095 | + | function where food is sold or distributed by a person not regularly 908 | |
1096 | + | engaged in the business of selling such food for profit.] 909 Substitute Bill No. 5500 | |
1418 | 1097 | ||
1419 | - | Public Act No. 22-58 44 of 100 | |
1420 | 1098 | ||
1421 | - | residential care home, nursing home, rest home or [alcohol or drug | |
1422 | - | treatment facility] behavioral health facility, as defined in section 19a- | |
1423 | - | 490, as amended by this act; | |
1424 | - | Sec. 45. Subdivision (1) of subsection (b) of section 38a-520 of the 2022 | |
1425 | - | supplement to the general statutes is repealed and the following is | |
1426 | - | substituted in lieu thereof (Effective October 1, 2022): | |
1427 | - | (1) "Hospital" means an institution that is primarily engaged in | |
1428 | - | providing, by or under the supervision of physicians, to inpatients (A) | |
1429 | - | diagnostic, surgical and therapeutic services for medical diagnosis, | |
1430 | - | treatment and care of persons who have an injury, sickness or disability, | |
1431 | - | or (B) medical rehabilitation services for the rehabilitation of persons | |
1432 | - | who have an injury, sickness or disability. "Hospital" does not include a | |
1433 | - | residential care home, nursing home, rest home or [alcohol or drug | |
1434 | - | treatment facility] behavioral health facility, as defined in section 19a- | |
1435 | - | 490, as amended by this act; | |
1436 | - | Sec. 46. Section 19a-535a of the general statutes is repealed and the | |
1437 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
1438 | - | (a) As used in this section: [, a "facility"] | |
1439 | - | (1) "Facility" means a residential care home, as defined in section 19a- | |
1440 | - | 490, as amended by this act; [.] | |
1441 | - | (2) "Emergency" means a situation in which a resident of a facility | |
1442 | - | presents an imminent danger to the resident's own health or safety, the | |
1443 | - | health or safety of another resident or the health or safety of an | |
1444 | - | employee or the owner of the facility; | |
1445 | - | (3) "Department" means the Department of Public Health; and | |
1446 | - | (4) "Commissioner" means the Commissioner of Public Health, or the | |
1447 | - | commissioner's designee. Substitute House Bill No. 5500 | |
1099 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1100 | + | R01-HB.docx } | |
1101 | + | 30 of 42 | |
1448 | 1102 | ||
1449 | - | Public Act No. 22-58 45 of 100 | |
1103 | + | (d) The provisions of the food code shall not (1) apply to a residential 910 | |
1104 | + | care home with thirty beds or less that is licensed pursuant to chapter 911 | |
1105 | + | 368v, provided the administrator of the residential care home or the 912 | |
1106 | + | administrator's designee has satisfactorily passed a test as part of a food 913 | |
1107 | + | protection manager certification program that is evaluated and 914 | |
1108 | + | approved by an accrediting agency recognized by the Conference for 915 | |
1109 | + | Food Protection as conforming to its standard for accreditation of food 916 | |
1110 | + | protection manager certification programs, unless such residential care 917 | |
1111 | + | home enters into a service contract with a food establishment or lends, 918 | |
1112 | + | rents or leases any area of its facility to any person or entity for the 919 | |
1113 | + | purpose of preparing or selling food, at which time the provisions of the 920 | |
1114 | + | food code shall apply to such residential care home, and (2) shall not 921 | |
1115 | + | prohibit the sale or distribution of food at (A) a bed and breakfast 922 | |
1116 | + | establishment that prepares and offers food to guests, provided the 923 | |
1117 | + | operation is owner-occupied and the total building occupant load is not 924 | |
1118 | + | more than sixteen persons, including the owner and occupants, has no 925 | |
1119 | + | provisions for cooking or warming food in the guest rooms, breakfast is 926 | |
1120 | + | the only meal offered and the consumer of such operation is informed 927 | |
1121 | + | by statements contained in published advertisements, mailed brochures 928 | |
1122 | + | and placards posted in the registration area that the food is prepared in 929 | |
1123 | + | a kitchen that is not regulated and inspected by the local health director, 930 | |
1124 | + | and (B) a noncommercial function, including, but not limited to, an 931 | |
1125 | + | educational, religious, political or charitable organization's bake sale or 932 | |
1126 | + | potluck supper, provided the seller or person distributing the food 933 | |
1127 | + | maintains the food at the temperature, pH level and water activity level 934 | |
1128 | + | conditions that will inhibit the growth of infectious or toxigenic 935 | |
1129 | + | microorganisms. For the purposes of this subsection, "noncommercial 936 | |
1130 | + | function" means a function where food is sold or distributed by a person 937 | |
1131 | + | not regularly engaged in the business of selling such food for profit. 938 | |
1132 | + | Sec. 34. Subparagraph (A) of subdivision (2) of subsection (c) of 939 | |
1133 | + | section 16-245n of the 2022 supplement to the general statutes is 940 | |
1134 | + | repealed and the following is substituted in lieu thereof (Effective from 941 | |
1135 | + | passage): 942 Substitute Bill No. 5500 | |
1450 | 1136 | ||
1451 | - | (b) A facility shall not transfer or discharge a resident from the facility | |
1452 | - | unless (1) the transfer or discharge is necessary to meet the resident's | |
1453 | - | welfare and the resident's welfare cannot be met in the facility, (2) the | |
1454 | - | transfer or discharge is appropriate because the resident's health has | |
1455 | - | improved sufficiently so the resident no longer needs the services | |
1456 | - | provided by the facility, (3) the health or safety of individuals in the | |
1457 | - | facility is endangered, (4) the resident has failed, after reasonable and | |
1458 | - | appropriate notice, to pay for a stay or a requested service [,] at the | |
1459 | - | facility, or (5) the facility ceases to operate. In the case of an involuntary | |
1460 | - | transfer or discharge, the facility shall provide written notice to the | |
1461 | - | resident and, if known, [his] the resident's legally liable relative, | |
1462 | - | guardian or conservator [shall be given a thirty-day written notification | |
1463 | - | which includes] not less than thirty days prior to the proposed transfer | |
1464 | - | or discharge date, except when the facility has requested an immediate | |
1465 | - | transfer or discharge in accordance with subsection (e) of this section. | |
1466 | - | Such notice shall include the reason for the transfer or discharge, [and | |
1467 | - | notice of] the effective date of the transfer or discharge, the right of the | |
1468 | - | resident to appeal a transfer or discharge by the facility pursuant to | |
1469 | - | subsection (d) of this section and the resident's right to represent himself | |
1470 | - | or herself or be represented by legal counsel. Such notice shall be in a | |
1471 | - | form and manner prescribed by the commissioner, as modified from | |
1472 | - | time to time, and shall include the name, mailing address and telephone | |
1473 | - | number of the State Long-Term Care Ombudsman and be sent by | |
1474 | - | facsimile or electronic communication to the Office of the Long-Term | |
1475 | - | Care Ombudsman on the same day as the notice is given to the resident. | |
1476 | - | If the facility knows the resident has, or the facility alleges that the | |
1477 | - | resident has, a mental illness or an intellectual disability, the notice shall | |
1478 | - | also include the name, mailing address and telephone number of the | |
1479 | - | entity designated by the Governor in accordance with section 46a-10b to | |
1480 | - | serve as the Connecticut protection and advocacy system. No resident | |
1481 | - | shall be involuntarily transferred or discharged from a facility if such | |
1482 | - | transfer or discharge presents imminent danger of death to the resident. Substitute House Bill No. 5500 | |
1483 | 1137 | ||
1484 | - | Public Act No. 22-58 46 of 100 | |
1138 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1139 | + | R01-HB.docx } | |
1140 | + | 31 of 42 | |
1485 | 1141 | ||
1486 | - | (c) The facility shall be responsible for assisting the resident in finding | |
1487 | - | [appropriate placement] an alternative residence. A discharge plan, | |
1488 | - | prepared by the facility, [which indicates] in a form and manner | |
1489 | - | prescribed by the commissioner, as modified from time to time, shall | |
1490 | - | include the resident's individual needs and shall [accompany the | |
1491 | - | patient] be submitted to the resident not later than seven days after the | |
1492 | - | notice of transfer or discharge is issued to the resident. The facility shall | |
1493 | - | submit the discharge plan to the commissioner at or before the hearing | |
1494 | - | held pursuant to subsection (d) of this section. | |
1495 | - | (d) (1) [For transfers or discharges effected on or after October 1, 1989, | |
1496 | - | a] A resident or [his] the resident's legally liable relative, guardian or | |
1497 | - | conservator who has been notified by a facility, pursuant to subsection | |
1498 | - | (b) of this section, that [he] the resident will be transferred or discharged | |
1499 | - | from the facility may appeal such transfer or discharge to the | |
1500 | - | Commissioner of Public Health by filing a request for a hearing with the | |
1501 | - | commissioner [within] not later than ten days [of] after the receipt of | |
1502 | - | such notice. Upon receipt of any such request, the commissioner [or his | |
1503 | - | designee] shall hold a hearing to determine whether the transfer or | |
1504 | - | discharge is being effected in accordance with this section. Such a | |
1505 | - | hearing shall be held [within] not later than seven business days [of] | |
1506 | - | after the receipt of such request. [and a determination made by the] The | |
1507 | - | commissioner [or his designee within] shall issue a decision not later | |
1508 | - | than twenty days [of the termination of] after the closing of the hearing | |
1509 | - | record. The hearing shall be conducted in accordance with chapter 54. | |
1510 | - | [(2) In an emergency the facility may request that the commissioner | |
1511 | - | make a determination as to the need for an immediate transfer or | |
1512 | - | discharge of a resident. Before making such a determination, the | |
1513 | - | commissioner shall notify the resident and, if known, his legally liable | |
1514 | - | relative, guardian or conservator. The commissioner shall issue such a | |
1515 | - | determination no later than seven days after receipt of the request for | |
1516 | - | such determination. If, as a result of such a request, the commissioner or Substitute House Bill No. 5500 | |
1142 | + | (2) (A) There is hereby created an Environmental Infrastructure Fund 943 | |
1143 | + | which shall be within the Connecticut Green Bank. The fund may 944 | |
1144 | + | receive any amount required by law to be deposited into the fund and 945 | |
1145 | + | may receive any federal funds as may become available to the state for 946 | |
1146 | + | environmental infrastructure investments, except that the fund shall not 947 | |
1147 | + | receive: (i) Ratepayer or Regional Greenhouse Gas Initiative funds, (ii) 948 | |
1148 | + | funds that have been deposited in, or are required to be deposited in, an 949 | |
1149 | + | account of the Clean Water Fund pursuant to sections 22a-475 to [22a-950 | |
1150 | + | 438f] 22a-483f, inclusive, or (iii) funds collected from a water company, 951 | |
1151 | + | as defined in section 25-32a. 952 | |
1152 | + | Sec. 35. Subsection (b) of section 20-191c of the 2022 supplement to 953 | |
1153 | + | the general statutes is repealed and the following is substituted in lieu 954 | |
1154 | + | thereof (Effective July 1, 2022): 955 | |
1155 | + | (b) Qualifying continuing education activities shall be related to the 956 | |
1156 | + | practice of psychology and shall include courses, seminars, workshops, 957 | |
1157 | + | conferences and postdoctoral institutes offered or approved by: (1) The 958 | |
1158 | + | American Psychological Association; (2) a regionally accredited 959 | |
1159 | + | institution of higher education graduate program; (3) a nationally 960 | |
1160 | + | recognized provider of continuing education seminars; (4) the 961 | |
1161 | + | Department of Mental Health and Addiction Services; or (5) a 962 | |
1162 | + | behavioral science organization that is professionally or scientifically 963 | |
1163 | + | recognized. Not more than five continuing education units during each 964 | |
1164 | + | registration period shall be completed via [the Internet] asynchronous 965 | |
1165 | + | online education, distance learning or home study. Not less than five 966 | |
1166 | + | continuing education units shall be earned through synchronous online 967 | |
1167 | + | education. On and after January 1, 2016, qualifying continuing 968 | |
1168 | + | education activities shall include not less than two contact hours of 969 | |
1169 | + | training or education during the first renewal period in which 970 | |
1170 | + | continuing education is required and not less than once every six years 971 | |
1171 | + | thereafter on the topic of mental health conditions common to veterans 972 | |
1172 | + | and family members of veterans, including (A) determining whether a 973 | |
1173 | + | patient is a veteran or family member of a veteran, (B) screening for 974 | |
1174 | + | conditions such as post-traumatic stress disorder, risk of suicide, 975 Substitute Bill No. 5500 | |
1517 | 1175 | ||
1518 | - | Public Act No. 22-58 47 of 100 | |
1519 | 1176 | ||
1520 | - | his designee determines that a failure to effect an immediate transfer or | |
1521 | - | discharge would endanger the health, safety or welfare of the resident | |
1522 | - | or other residents, the commissioner or his designee shall order the | |
1523 | - | immediate transfer or discharge of the resident from the facility. A | |
1524 | - | hearing shall be held in accordance with the requirements of | |
1525 | - | subdivision (1) of this subsection within seven business days of the | |
1526 | - | issuance of any determination issued pursuant to this subdivision. | |
1527 | - | (3) Any involuntary transfer or discharge shall be stayed pending a | |
1528 | - | determination by the commissioner or his designee. Notwithstanding | |
1529 | - | any provision of the general statutes, the determination of the | |
1530 | - | commissioner or his designee after a hearing shall be final and binding | |
1531 | - | upon all parties and not subject to any further appeal.] | |
1532 | - | (2) Any involuntary transfer or discharge that is appealed under this | |
1533 | - | subsection shall be stayed pending a final determination by the | |
1534 | - | commissioner. | |
1535 | - | (3) The commissioner shall send a copy of the decision regarding a | |
1536 | - | transfer or discharge to the facility, the resident and the resident's legal | |
1537 | - | guardian, conservator or other authorized representative, if known, or | |
1538 | - | the resident's legally liable relative or other responsible party, and the | |
1539 | - | State Long-Term Care Ombudsman. | |
1540 | - | (e) (1) In the case of an emergency, the facility may request that the | |
1541 | - | commissioner make a determination as to the need for an immediate | |
1542 | - | transfer or discharge of a resident by submitting a sworn affidavit | |
1543 | - | attesting to the basis for the emergency transfer or discharge. The facility | |
1544 | - | shall provide a copy of the request for an immediate transfer or | |
1545 | - | discharge and the notice described in subsection (b) of this section to the | |
1546 | - | resident. After receipt of such request, the commissioner may issue an | |
1547 | - | order for the immediate temporary transfer or discharge of the resident | |
1548 | - | from the facility. The temporary order shall remain in place until a final | |
1549 | - | decision is issued by the commissioner, unless earlier rescinded. The Substitute House Bill No. 5500 | |
1177 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1178 | + | R01-HB.docx } | |
1179 | + | 32 of 42 | |
1550 | 1180 | ||
1551 | - | Public Act No. 22-58 48 of 100 | |
1181 | + | depression and grief, and (C) suicide prevention training. Qualifying 976 | |
1182 | + | continuing education activities may include a licensee's research-based 977 | |
1183 | + | presentation at a professional conference, provided not more than five 978 | |
1184 | + | continuing education units during each registration period shall be 979 | |
1185 | + | completed by such activities. A licensee who has earned a diploma from 980 | |
1186 | + | the American Board of Professional Psychology during the registration 981 | |
1187 | + | period may substitute the diploma for continuing education 982 | |
1188 | + | requirements for such registration period. For purposes of this section, 983 | |
1189 | + | "continuing education unit" means fifty to sixty minutes of participation 984 | |
1190 | + | in accredited continuing professional education. For the purposes of this 985 | |
1191 | + | subsection, "synchronous online education" means live online classes 986 | |
1192 | + | that are conducted in real time and "asynchronous online education" 987 | |
1193 | + | means a program where the instructor, learner and other participants 988 | |
1194 | + | are not engaged in the learning process at the same time, there is no real-989 | |
1195 | + | time interaction between participants and instructors and the 990 | |
1196 | + | educational content is created and made available for later 991 | |
1197 | + | consumption. 992 | |
1198 | + | Sec. 36. Section 19a-563h of the 2022 supplement to the general 993 | |
1199 | + | statutes is repealed and the following is substituted in lieu thereof 994 | |
1200 | + | (Effective from passage): 995 | |
1201 | + | (a) On or before January 1, 2022, the Department of Public Health 996 | |
1202 | + | shall (1) establish minimum staffing level requirements for nursing 997 | |
1203 | + | homes of three hours of direct care per resident per day, and (2) modify 998 | |
1204 | + | staffing level requirements for social work and recreational staff of 999 | |
1205 | + | nursing homes such that the requirements (A) for social work, [are] a 1000 | |
1206 | + | number of hours that is based on one full-time social worker per sixty 1001 | |
1207 | + | residents and that shall vary proportionally based on the number of 1002 | |
1208 | + | residents in the nursing home, and (B) for recreational staff are lower 1003 | |
1209 | + | than the current requirements, as deemed appropriate by the 1004 | |
1210 | + | Commissioner of Public Health. 1005 | |
1211 | + | (b) The commissioner shall adopt regulations in accordance with the 1006 | |
1212 | + | provisions of chapter 54 that set forth nursing home staffing level 1007 | |
1213 | + | requirements to implement the provisions of this section. The 1008 Substitute Bill No. 5500 | |
1552 | 1214 | ||
1553 | - | commissioner shall issue the determination as to the need for an | |
1554 | - | immediate transfer or discharge of a resident not later than seven days | |
1555 | - | after receipt of the request from the facility. A hearing shall be held not | |
1556 | - | later than seven business days after the date on which a determination | |
1557 | - | is issued pursuant to this section. The commissioner shall issue a | |
1558 | - | decision not later than twenty days after the date on which the hearing | |
1559 | - | record is closed. The hearing shall be conducted in accordance with the | |
1560 | - | provisions of chapter 54. | |
1561 | - | (2) The commissioner shall send a copy of the decision regarding an | |
1562 | - | emergency transfer or discharge to the facility, the resident and the | |
1563 | - | resident's legal guardian, conservator or other authorized | |
1564 | - | representative, if known, or the resident's legally liable relative or other | |
1565 | - | responsible party and the State Long-Term Care Ombudsman. | |
1566 | - | (3) If the commissioner determines, based upon the request, that an | |
1567 | - | emergency does not exist, the commissioner shall proceed with a | |
1568 | - | hearing in accordance with the provisions of subsection (d) of this | |
1569 | - | section. | |
1570 | - | (f) A facility or resident who is aggrieved by a final decision of the | |
1571 | - | commissioner may appeal to the Superior Court in accordance with the | |
1572 | - | provisions of chapter 54. Pursuant to subsection (f) of section 4-183, the | |
1573 | - | filing of an appeal to the Superior Court shall not, of itself, stay | |
1574 | - | enforcement of an agency decision. The Superior Court shall consider | |
1575 | - | an appeal from a decision of the commissioner pursuant to this section | |
1576 | - | as a privileged case in order to dispose of the case with the least possible | |
1577 | - | delay. | |
1578 | - | Sec. 47. (NEW) (Effective October 1, 2022) (a) For purposes of this | |
1579 | - | section, "clinical medical assistant" means a person who (1) (A) is | |
1580 | - | certified by the American Association of Medical Assistants, the | |
1581 | - | National Healthcareer Association, the National Center for Competency | |
1582 | - | Testing or the American Medical Technologists, and (B) has graduated Substitute House Bill No. 5500 | |
1583 | 1215 | ||
1584 | - | Public Act No. 22-58 49 of 100 | |
1216 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1217 | + | R01-HB.docx } | |
1218 | + | 33 of 42 | |
1585 | 1219 | ||
1586 | - | from a postsecondary medical assisting program (i) on and after January | |
1587 | - | 1, 2024, that is accredited by the Commission on Accreditation of Allied | |
1588 | - | Health Education Programs, the Accrediting Bureau of Health | |
1589 | - | Education Schools or another accrediting organization recognized by | |
1590 | - | the United States Department of Education, or (ii) offered by an | |
1591 | - | institution of higher education accredited by an accrediting | |
1592 | - | organization recognized by the United States Department of Education | |
1593 | - | and that includes a total of seven hundred twenty hours, including one | |
1594 | - | hundred sixty hours of clinical practice skills, including, but not limited | |
1595 | - | to, administering injections, or (2) has completed relevant medical | |
1596 | - | assistant training provided by any branch of the armed forces of the | |
1597 | - | United States. | |
1598 | - | (b) A clinical medical assistant may administer a vaccine under the | |
1599 | - | supervision, control and responsibility of a physician licensed pursuant | |
1600 | - | to chapter 370 of the general statutes, a physician assistant licensed | |
1601 | - | pursuant to chapter 370 of the general statutes or an advanced practice | |
1602 | - | registered nurse licensed pursuant to chapter 378 of the general statutes | |
1603 | - | to any person in any setting other than a hospital setting. Prior to | |
1604 | - | administering a vaccine, a clinical medical assistant shall complete not | |
1605 | - | less than twenty-four hours of classroom training and not less than eight | |
1606 | - | hours of training in a clinical setting regarding the administration of | |
1607 | - | vaccines. Nothing in this section shall be construed to permit an | |
1608 | - | employer of a physician, a physician assistant or an advanced practice | |
1609 | - | registered nurse to require the physician, physician assistant or | |
1610 | - | advanced practice registered nurse to oversee a clinical medical | |
1611 | - | assistant in the administration of a vaccine without the consent of the | |
1612 | - | physician, physician assistant or advanced practice registered nurse. | |
1613 | - | (c) On or before January first annually, the Commissioner of Public | |
1614 | - | Health shall obtain from the American Association of Medical | |
1615 | - | Assistants, the National Healthcareer Association, the National Center | |
1616 | - | for Competency Testing and the American Medical Technologists a Substitute House Bill No. 5500 | |
1220 | + | Commissioner of Public Health may implement policies and procedures 1009 | |
1221 | + | necessary to administer the provisions of this section while in the 1010 | |
1222 | + | process of adopting such policies and procedures as regulations, 1011 | |
1223 | + | provided notice of intent to adopt regulations is published on the 1012 | |
1224 | + | eRegulations System not later than twenty days after the date of 1013 | |
1225 | + | implementation. Policies and procedures implemented pursuant to this 1014 | |
1226 | + | section shall be valid until the time final regulations are adopted. 1015 | |
1227 | + | Sec. 37. Section 17b-59d of the general statutes is repealed and the 1016 | |
1228 | + | following is substituted in lieu thereof (Effective from passage): 1017 | |
1229 | + | (a) There shall be established a State-wide Health Information 1018 | |
1230 | + | Exchange to empower consumers to make effective health care 1019 | |
1231 | + | decisions, promote patient-centered care, improve the quality, safety 1020 | |
1232 | + | and value of health care, reduce waste and duplication of services, 1021 | |
1233 | + | support clinical decision-making, keep confidential health information 1022 | |
1234 | + | secure and make progress toward the state's public health goals. 1023 | |
1235 | + | (b) It shall be the goal of the State-wide Health Information Exchange 1024 | |
1236 | + | to: (1) Allow real-time, secure access to patient health information and 1025 | |
1237 | + | complete medical records across all health care provider settings; (2) 1026 | |
1238 | + | provide patients with secure electronic access to their health 1027 | |
1239 | + | information; (3) allow voluntary participation by patients to access their 1028 | |
1240 | + | health information at no cost; (4) support care coordination through 1029 | |
1241 | + | real-time alerts and timely access to clinical information; (5) reduce costs 1030 | |
1242 | + | associated with preventable readmissions, duplicative testing and 1031 | |
1243 | + | medical errors; (6) promote the highest level of interoperability; (7) meet 1032 | |
1244 | + | all state and federal privacy and security requirements; (8) support 1033 | |
1245 | + | public health reporting, quality improvement, academic research and 1034 | |
1246 | + | health care delivery and payment reform through data aggregation and 1035 | |
1247 | + | analytics; (9) support population health analytics; (10) be standards-1036 | |
1248 | + | based; and (11) provide for broad local governance that (A) includes 1037 | |
1249 | + | stakeholders, including, but not limited to, representatives of the 1038 | |
1250 | + | Department of Social Services, hospitals, physicians, behavioral health 1039 | |
1251 | + | care providers, long-term care providers, health insurers, employers, 1040 | |
1252 | + | patients and academic or medical research institutions, and (B) is 1041 Substitute Bill No. 5500 | |
1617 | 1253 | ||
1618 | - | Public Act No. 22-58 50 of 100 | |
1619 | 1254 | ||
1620 | - | listing of all state residents maintained on said organizations' registries | |
1621 | - | of certified medical assistants. The commissioner shall make such | |
1622 | - | listings available for public inspection. | |
1623 | - | Sec. 48. (NEW) (Effective July 1, 2022) (a) On and after July 1, 2023, | |
1624 | - | there is established a Connecticut Rare Disease Advisory Council. The | |
1625 | - | council shall advise and make recommendations to the Department of | |
1626 | - | Public Health and other state agencies, as appropriate, regarding the | |
1627 | - | needs of persons in the state living with a rare disease and such persons' | |
1628 | - | caregivers. The council may perform the following functions: | |
1629 | - | (1) Hold public hearings and otherwise make inquiries of and solicit | |
1630 | - | comments from the general public to assist with a study or survey of | |
1631 | - | persons living with a rare disease and such persons' caregivers and | |
1632 | - | health care providers; | |
1633 | - | (2) Consult with experts on rare diseases to develop policy | |
1634 | - | recommendations for improving patient access to quality medical care | |
1635 | - | in the state, affordable and comprehensive insurance coverage, | |
1636 | - | medications, medically necessary diagnostics, timely treatment and | |
1637 | - | other necessary services and therapies; | |
1638 | - | (3) Research and make recommendations to the department, other | |
1639 | - | state agencies, as necessary, and health carriers that provide services to | |
1640 | - | persons living with a rare disease regarding the adverse impact that | |
1641 | - | changes to health insurance coverage, drug formularies and utilization | |
1642 | - | review, as defined in section 38a-591a of the general statutes, may have | |
1643 | - | on the provision of treatment or care to persons living with a rare | |
1644 | - | disease; | |
1645 | - | (4) Research and identify priorities related to treatments and services | |
1646 | - | provided to persons living with a rare disease and develop policy | |
1647 | - | recommendations regarding (A) safeguards and legal protections | |
1648 | - | against discrimination and other practices that limit access to Substitute House Bill No. 5500 | |
1255 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1256 | + | R01-HB.docx } | |
1257 | + | 34 of 42 | |
1649 | 1258 | ||
1650 | - | Public Act No. 22-58 51 of 100 | |
1259 | + | committed to the successful development and implementation of the 1042 | |
1260 | + | State-wide Health Information Exchange. 1043 | |
1261 | + | (c) All contracts or agreements entered into by or on behalf of the state 1044 | |
1262 | + | relating to health information technology or the exchange of health 1045 | |
1263 | + | information shall be consistent with the goals articulated in subsection 1046 | |
1264 | + | (b) of this section and shall utilize contractors, vendors and other 1047 | |
1265 | + | partners with a demonstrated commitment to such goals. 1048 | |
1266 | + | (d) (1) The executive director of the Office of Health Strategy, in 1049 | |
1267 | + | consultation with the Secretary of the Office of Policy and Management 1050 | |
1268 | + | and the State Health Information Technology Advisory Council, 1051 | |
1269 | + | established pursuant to section 17b-59f, shall, upon the approval by the 1052 | |
1270 | + | State Bond Commission of bond funds authorized by the General 1053 | |
1271 | + | Assembly for the purposes of establishing a State-wide Health 1054 | |
1272 | + | Information Exchange, develop and issue a request for proposals for the 1055 | |
1273 | + | development, management and operation of the State-wide Health 1056 | |
1274 | + | Information Exchange. Such request shall promote the reuse of any and 1057 | |
1275 | + | all enterprise health information technology assets, such as the existing 1058 | |
1276 | + | Provider Directory, Enterprise Master Person Index, Direct Secure 1059 | |
1277 | + | Messaging Health Information Service provider infrastructure, analytic 1060 | |
1278 | + | capabilities and tools that exist in the state or are in the process of being 1061 | |
1279 | + | deployed. Any enterprise health information exchange technology 1062 | |
1280 | + | assets purchased after June 2, 2016, and prior to the implementation of 1063 | |
1281 | + | the State-wide Health Information Exchange shall be capable of 1064 | |
1282 | + | interoperability with a State-wide Health Information Exchange. 1065 | |
1283 | + | (2) Such request for proposals may require an eligible organization 1066 | |
1284 | + | responding to the request to: (A) Have not less than three years of 1067 | |
1285 | + | experience operating either a state-wide health information exchange in 1068 | |
1286 | + | any state or a regional exchange serving a population of not less than 1069 | |
1287 | + | one million that (i) enables the exchange of patient health information 1070 | |
1288 | + | among health care providers, patients and other authorized users 1071 | |
1289 | + | without regard to location, source of payment or technology, (ii) 1072 | |
1290 | + | includes, with proper consent, behavioral health and substance abuse 1073 | |
1291 | + | treatment information, (iii) supports transitions of care and care 1074 Substitute Bill No. 5500 | |
1651 | 1292 | ||
1652 | - | appropriate health care, services or therapies, and (B) planning for | |
1653 | - | natural disasters and other public health emergencies; | |
1654 | - | (5) Research and make recommendations regarding improving the | |
1655 | - | quality and continuity of care for persons living with a rare disease who | |
1656 | - | are transitioning from pediatric to adult health care services; | |
1657 | - | (6) Research and make recommendations regarding the development | |
1658 | - | of educational materials on rare diseases, including, but not limited to, | |
1659 | - | online educational materials and a list of reliable resources for the | |
1660 | - | department, other state agencies, as necessary, the public, persons living | |
1661 | - | with a rare disease, such persons' families and caregivers, medical | |
1662 | - | school students and health care providers; and | |
1663 | - | (7) Research and make recommendations for support and training | |
1664 | - | resources for caregivers and health care providers of persons living with | |
1665 | - | a rare disease. | |
1666 | - | (b) The council shall consist of the following members: | |
1667 | - | (1) The Commissioner of Public Health, or the commissioner's | |
1668 | - | designee; | |
1669 | - | (2) The Commissioner of Social Services, or the commissioner's | |
1670 | - | designee; | |
1671 | - | (3) The Insurance Commissioner, or the commissioner's designee, | |
1672 | - | who may be the representative of a health carrier; | |
1673 | - | (4) Two appointed by the Governor, one of whom shall be a | |
1674 | - | representative of an association of hospitals in the state or an | |
1675 | - | administrator of a hospital that provides health care to persons living | |
1676 | - | with a rare disease, and one of whom shall be a physician licensed under | |
1677 | - | chapter 370 of the general statutes who has expertise in the field of | |
1678 | - | medical genetics; Substitute House Bill No. 5500 | |
1679 | 1293 | ||
1680 | - | Public Act No. 22-58 52 of 100 | |
1294 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1295 | + | R01-HB.docx } | |
1296 | + | 35 of 42 | |
1681 | 1297 | ||
1682 | - | (5) Two appointed by the Senate chairperson of the joint standing | |
1683 | - | committee of the General Assembly having cognizance of matters | |
1684 | - | relating to public health, one of whom shall be a representative of a | |
1685 | - | patient advocacy group in the state representing all rare diseases, and | |
1686 | - | one of whom shall be the family member or caregiver of a pediatric | |
1687 | - | patient living with a rare disease; | |
1688 | - | (6) Two appointed by the House chairperson of the joint standing | |
1689 | - | committee of the General Assembly having cognizance of matters | |
1690 | - | relating to public health, one of whom shall be a representative of the | |
1691 | - | biopharmaceutical industry who is involved in rare disease research | |
1692 | - | and therapy development, and one of whom shall be an adult living | |
1693 | - | with a rare disease; | |
1694 | - | (7) Two appointed by the Senate ranking member of the joint | |
1695 | - | standing committee of the General Assembly having cognizance of | |
1696 | - | matters relating to public health, one of whom shall be a member of the | |
1697 | - | scientific community in the state who is engaged in rare disease | |
1698 | - | research, and one of whom shall be the caregiver of a child or adult | |
1699 | - | living with a rare disease; and | |
1700 | - | (8) Two appointed by the House ranking member of the joint | |
1701 | - | standing committee of the General Assembly having cognizance of | |
1702 | - | matters relating to public health, one of whom shall be a physician | |
1703 | - | licensed to practice under chapter 370 of the general statutes who treats | |
1704 | - | persons living with a rare disease, and one of whom shall be a | |
1705 | - | representative, family member or caregiver of a person living with a rare | |
1706 | - | disease. | |
1707 | - | (c) All initial appointments to the council shall be made not later than | |
1708 | - | October 31, 2023. Any vacancy shall be filled by the appointing | |
1709 | - | authority. Except for members of the council who represent state | |
1710 | - | agencies, five of the members first appointed shall serve for a term of | |
1711 | - | two years, five of such members shall serve for a term of three years and, Substitute House Bill No. 5500 | |
1298 | + | coordination through real-time health care provider alerts and access to 1075 | |
1299 | + | clinical information, (iv) allows health information to follow each 1076 | |
1300 | + | patient, (v) allows patients to access and manage their health data, and 1077 | |
1301 | + | (vi) has demonstrated success in reducing costs associated with 1078 | |
1302 | + | preventable readmissions, duplicative testing or medical errors; (B) be 1079 | |
1303 | + | committed to, and demonstrate, a high level of transparency in its 1080 | |
1304 | + | governance, decision-making and operations; (C) be capable of 1081 | |
1305 | + | providing consulting to ensure effective governance; (D) be regulated or 1082 | |
1306 | + | administratively overseen by a state government agency; and (E) have 1083 | |
1307 | + | sufficient staff and appropriate expertise and experience to carry out the 1084 | |
1308 | + | administrative, operational and financial responsibilities of the State-1085 | |
1309 | + | wide Health Information Exchange. 1086 | |
1310 | + | (e) Notwithstanding the provisions of subsection (d) of this section, 1087 | |
1311 | + | if, on or before January 1, 2016, the Commissioner of Social Services, in 1088 | |
1312 | + | consultation with the State Health Information Technology Advisory 1089 | |
1313 | + | Council, established pursuant to section 17b-59f, submits a plan to the 1090 | |
1314 | + | Secretary of the Office of Policy and Management for the establishment 1091 | |
1315 | + | of a State-wide Health Information Exchange consistent with 1092 | |
1316 | + | subsections (a), (b) and (c) of this section, and such plan is approved by 1093 | |
1317 | + | the secretary, the commissioner may implement such plan and enter 1094 | |
1318 | + | into any contracts or agreements to implement such plan. 1095 | |
1319 | + | (f) The executive director of the Office of Health Strategy shall have 1096 | |
1320 | + | administrative authority over the State-wide Health Information 1097 | |
1321 | + | Exchange. The executive director shall be responsible for designating, 1098 | |
1322 | + | and posting on its Internet web site, the list of systems, technologies, 1099 | |
1323 | + | entities and programs that shall constitute the State-wide Health 1100 | |
1324 | + | Information Exchange. Systems, technologies, entities, and programs 1101 | |
1325 | + | that have not been so designated shall not be considered part of said 1102 | |
1326 | + | exchange. 1103 | |
1327 | + | (g) The executive director of the Office of Health Strategy may 1104 | |
1328 | + | implement policies and procedures necessary to administer the 1105 | |
1329 | + | provisions of this section while in the process of adopting such policies 1106 | |
1330 | + | and procedures in regulation form, provided the executive director 1107 Substitute Bill No. 5500 | |
1712 | 1331 | ||
1713 | - | Public Act No. 22-58 53 of 100 | |
1714 | 1332 | ||
1715 | - | thereafter, members shall serve for a term of two years. The | |
1716 | - | Commissioner of Public Health shall determine which of the members | |
1717 | - | first appointed shall serve for a term of two years and which of such | |
1718 | - | members shall serve for a term of three years. The members of the | |
1719 | - | council shall receive no compensation for their services but may be | |
1720 | - | reimbursed for any necessary expenses incurred in the performance of | |
1721 | - | their duties. The commissioner shall select an acting chairperson of the | |
1722 | - | council from its members for the purpose of organizing the first council | |
1723 | - | meeting. Such chairperson shall schedule and convene the first meeting, | |
1724 | - | which shall be held not later than November 30, 2023. The members of | |
1725 | - | the council shall appoint, by majority vote, a permanent chairperson | |
1726 | - | and vice-chairperson during the first meeting of the council. Nothing in | |
1727 | - | this subsection shall prohibit the reappointment of the chairperson, | |
1728 | - | vice-chairperson or any member of the council to their position on the | |
1729 | - | council. | |
1730 | - | (d) The council shall meet in person or on a remote platform not less | |
1731 | - | than six times between November 30, 2023, and October 31, 2024, as | |
1732 | - | determined by the chairperson. Thereafter, the council shall meet | |
1733 | - | quarterly in person or on a remote platform, as determined by the | |
1734 | - | chairperson. | |
1735 | - | (e) The council shall provide opportunities at council meetings for the | |
1736 | - | general public to make comments, hear updates from the council and | |
1737 | - | provide input on council activities. The council shall create an Internet | |
1738 | - | web site where meeting minutes, notices of upcoming meetings and | |
1739 | - | feedback may be posted. | |
1740 | - | (f) The council shall be within the Department of Public Health for | |
1741 | - | administrative purposes only. | |
1742 | - | (g) Not later than one year after the date of its first meeting, and | |
1743 | - | annually thereafter, the council shall report to the Governor and, in | |
1744 | - | accordance with the provisions of section 11-4a of the general statutes, Substitute House Bill No. 5500 | |
1333 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1334 | + | R01-HB.docx } | |
1335 | + | 36 of 42 | |
1745 | 1336 | ||
1746 | - | Public Act No. 22-58 54 of 100 | |
1337 | + | publishes notice of intention to adopt the regulations on the Office of 1108 | |
1338 | + | Health Strategy's Internet web site and the eRegulations System not 1109 | |
1339 | + | later than twenty days after implementing such policies and procedures. 1110 | |
1340 | + | Policies and procedures implemented pursuant to this subsection shall 1111 | |
1341 | + | be valid until the time such regulations are effective. 1112 | |
1342 | + | Sec. 38. Section 17b-59e of the general statutes is repealed and the 1113 | |
1343 | + | following is substituted in lieu thereof (Effective from passage): 1114 | |
1344 | + | (a) For purposes of this section: 1115 | |
1345 | + | (1) "Health care provider" means any individual, corporation, facility 1116 | |
1346 | + | or institution licensed by the state to provide health care services; and 1117 | |
1347 | + | (2) "Electronic health record system" means a computer-based 1118 | |
1348 | + | information system that is used to create, collect, store, manipulate, 1119 | |
1349 | + | share, exchange or make available electronic health records for the 1120 | |
1350 | + | purposes of the delivery of patient care. 1121 | |
1351 | + | (b) Not later than one year after commencement of the operation of 1122 | |
1352 | + | the State-wide Health Information Exchange, each hospital licensed 1123 | |
1353 | + | under chapter 368v and clinical laboratory licensed under section 19a-1124 | |
1354 | + | 30, as amended by this act, shall maintain an electronic health record 1125 | |
1355 | + | system capable of connecting to and participating in the State-wide 1126 | |
1356 | + | Health Information Exchange and shall apply to begin the process of 1127 | |
1357 | + | connecting to, and participating in, the State-wide Health Information 1128 | |
1358 | + | Exchange. 1129 | |
1359 | + | (c) Not later than two years after commencement of the operation of 1130 | |
1360 | + | the State-wide Health Information Exchange, (1) each health care 1131 | |
1361 | + | provider with an electronic health record system capable of connecting 1132 | |
1362 | + | to, and participating in, the State-wide Health Information Exchange 1133 | |
1363 | + | shall apply to begin the process of connecting to, and participating in, 1134 | |
1364 | + | the State-wide Health Information Exchange, and (2) each health care 1135 | |
1365 | + | provider without an electronic health record system capable of 1136 | |
1366 | + | connecting to, and participating in, the State-wide Health Information 1137 | |
1367 | + | Exchange shall be capable of sending and receiving secure messages 1138 Substitute Bill No. 5500 | |
1747 | 1368 | ||
1748 | - | to the joint standing committee of the General Assembly having | |
1749 | - | cognizance of matters relating to public health regarding its findings | |
1750 | - | and recommendations, including, but not limited to, (1) the council's | |
1751 | - | activities, research findings and any recommendations for proposed | |
1752 | - | legislative changes, and (2) any potential sources of funding for the | |
1753 | - | council's activities, including, but not limited to, grants, donations, | |
1754 | - | sponsorships or in-kind donations. | |
1755 | - | Sec. 49. Section 2-119 of the 2022 supplement to the general statutes | |
1756 | - | is repealed and the following is substituted in lieu thereof (Effective from | |
1757 | - | passage): | |
1758 | - | (a) There is established a chronic kidney disease advisory committee. | |
1759 | - | The advisory committee shall: | |
1760 | - | (1) Work directly with policymakers, public health organizations and | |
1761 | - | educational institutions to: | |
1762 | - | (A) Increase awareness of chronic kidney disease in this state; and | |
1763 | - | (B) Develop health education programs that: | |
1764 | - | (i) Are intended to reduce the burden of kidney disease throughout | |
1765 | - | this state; | |
1766 | - | (ii) Include an ongoing health and wellness campaign that is based | |
1767 | - | on relevant research; | |
1768 | - | (iii) Promote preventive screenings; and | |
1769 | - | (iv) Are promoted through social media and public relations | |
1770 | - | campaigns; | |
1771 | - | (2) Examine chronic kidney disease, kidney transplantation, | |
1772 | - | including, but not limited to, kidney transplantation as a preferred | |
1773 | - | treatment for chronic kidney disease, living and deceased kidney Substitute House Bill No. 5500 | |
1774 | 1369 | ||
1775 | - | Public Act No. 22-58 55 of 100 | |
1370 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1371 | + | R01-HB.docx } | |
1372 | + | 37 of 42 | |
1776 | 1373 | ||
1777 | - | donation and racial disparities in the rates of individuals afflicted with | |
1778 | - | chronic kidney disease; | |
1779 | - | (3) Examine methods to reduce the occurrence of chronic kidney | |
1780 | - | disease by controlling the most common risk factors, diabetes and | |
1781 | - | hypertension, through early detection and preventive efforts at the | |
1782 | - | community level and disease management efforts in the primary care | |
1783 | - | setting; | |
1784 | - | (4) Identify the barriers to the adoption of best practices and the | |
1785 | - | policies available to address such barriers; | |
1786 | - | (5) Develop an equitable, sustainable, cost-effective plan to raise | |
1787 | - | awareness about the importance of early detection, screening, diagnosis | |
1788 | - | and treatment of chronic kidney disease and prevention; and | |
1789 | - | (6) Examine the potential for an opt-out organ or kidney donor | |
1790 | - | registry. | |
1791 | - | (b) The advisory committee shall consist of the following members: | |
1792 | - | [(1) The chairpersons and ranking members of the joint standing | |
1793 | - | committee of the General Assembly having cognizance of matters | |
1794 | - | relating to public health, or their designees; | |
1795 | - | (2) One appointed by the Senate chairperson of the joint standing | |
1796 | - | committee of the General Assembly having cognizance of matters | |
1797 | - | relating to public health; | |
1798 | - | (3) One appointed by the House chairperson of the joint standing | |
1799 | - | committee of the General Assembly having cognizance of matters | |
1800 | - | relating to public health; | |
1801 | - | (4) One appointed by the Senate ranking member of the joint standing | |
1802 | - | committee of the General Assembly having cognizance of matters | |
1803 | - | relating to public health; Substitute House Bill No. 5500 | |
1374 | + | that comply with the Direct Project specifications published by the 1139 | |
1375 | + | federal Office of the National Coordinator for Health Information 1140 | |
1376 | + | Technology. 1141 | |
1377 | + | (d) The executive director of the Office of Health Strategy may 1142 | |
1378 | + | implement policies and procedures necessary to administer the 1143 | |
1379 | + | provisions of this section while in the process of adopting such policies 1144 | |
1380 | + | and procedures in regulation form, provided the executive director 1145 | |
1381 | + | publishes notice of intention to adopt the regulations on the Office of 1146 | |
1382 | + | Health Strategy's Internet web site and the eRegulations System not 1147 | |
1383 | + | later than twenty days after implementing such policies and procedures. 1148 | |
1384 | + | Policies and procedures implemented pursuant to this subsection shall 1149 | |
1385 | + | be valid until the time such regulations are effective. 1150 | |
1386 | + | Sec. 39. Subsection (c) of section 19a-495 of the general statutes is 1151 | |
1387 | + | repealed and the following is substituted in lieu thereof (Effective from 1152 | |
1388 | + | passage): 1153 | |
1389 | + | (c) The commissioner may waive any provisions of the regulations 1154 | |
1390 | + | affecting an institution [, as defined in section 19a-490] or a clinical 1155 | |
1391 | + | laboratory, licensed pursuant to section 19a-30, as amended by this act, 1156 | |
1392 | + | if the commissioner determines that such waiver would not endanger 1157 | |
1393 | + | the health, safety or welfare of any patient or resident. The 1158 | |
1394 | + | commissioner may impose conditions, upon granting the waiver, that 1159 | |
1395 | + | assure the health, safety and welfare of patients or residents, and may 1160 | |
1396 | + | revoke the waiver upon a finding that the health, safety or welfare of 1161 | |
1397 | + | any patient or resident has been jeopardized. The commissioner shall 1162 | |
1398 | + | not grant a waiver that would result in a violation of the Fire Safety 1163 | |
1399 | + | Code or State Building Code. The commissioner may adopt regulations, 1164 | |
1400 | + | in accordance with chapter 54, establishing procedures for an 1165 | |
1401 | + | application for a waiver pursuant to this subsection. 1166 | |
1402 | + | Sec. 40. (Effective from passage) (a) As used in this section: 1167 | |
1403 | + | (1) "Certified doula" means a doula that is certified by the Department 1168 | |
1404 | + | of Public Health; and 1169 Substitute Bill No. 5500 | |
1804 | 1405 | ||
1805 | - | Public Act No. 22-58 56 of 100 | |
1806 | 1406 | ||
1807 | - | (5) One appointed by the House ranking member of the joint standing | |
1808 | - | committee of the General Assembly having cognizance of matters | |
1809 | - | relating to public health;] | |
1810 | - | [(6)] (1) One appointed by the speaker of t he House of | |
1811 | - | Representatives, who shall represent the renal provider community; | |
1812 | - | [(7)] (2) One appointed by the president pro tempore of the Senate, | |
1813 | - | who shall represent a medical center with a kidney-related program; | |
1814 | - | [(8)] (3) One appointed by the majority leader of the House of | |
1815 | - | Representatives; | |
1816 | - | [(9)] (4) One appointed by the majority leader of the Senate; | |
1817 | - | [(10)] (5) One appointed by the minority leader of the House of | |
1818 | - | Representatives; | |
1819 | - | [(11)] (6) One appointed by the minority leader of the Senate; | |
1820 | - | [(12)] (7) One appointed by the Governor; | |
1821 | - | [(13)] (8) The Commissioner of Public Health, or the commissioner's | |
1822 | - | designee; | |
1823 | - | [(14)] (9) One appointed by the chief executive officer of the National | |
1824 | - | Kidney Foundation; | |
1825 | - | [(15)] (10) One appointed by the chief executive officer of the | |
1826 | - | American Kidney Fund; and | |
1827 | - | [(16)] (11) At least three additional members appointed by the | |
1828 | - | chairpersons of the joint standing committee of the General Assembly | |
1829 | - | having cognizance of matters relating to public health, one of whom | |
1830 | - | shall represent the kidney physician community, one of whom shall | |
1831 | - | represent a nonprofit organ procurement organization, one of whom Substitute House Bill No. 5500 | |
1407 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1408 | + | R01-HB.docx } | |
1409 | + | 38 of 42 | |
1832 | 1410 | ||
1833 | - | Public Act No. 22-58 57 of 100 | |
1411 | + | (2) "Doula" means a trained, nonmedical professional who provides 1170 | |
1412 | + | physical, emotional and informational support, virtually or in person, 1171 | |
1413 | + | to a pregnant person before, during and after birth. 1172 | |
1414 | + | (b) The Commissioner of Public Health shall, within available 1173 | |
1415 | + | resources, establish a Doula Advisory Committee within the 1174 | |
1416 | + | Department of Public Health. The Doula Advisory Committee shall 1175 | |
1417 | + | develop recommendations for (1) requirements for certification and 1176 | |
1418 | + | certification renewal of doulas, including, but not limited to, training, 1177 | |
1419 | + | experience or continuing education requirements; and (2) standards for 1178 | |
1420 | + | recognizing doula training program curricula that are sufficient to 1179 | |
1421 | + | satisfy the requirements for doula certification. 1180 | |
1422 | + | (c) The Commissioner of Public Health, or the commissioner's 1181 | |
1423 | + | designee, shall be the chairperson of the Doula Advisory Committee. 1182 | |
1424 | + | (d) The Doula Advisory Committee shall consist of the following 1183 | |
1425 | + | members: 1184 | |
1426 | + | (1) Seven appointed by the Commissioner of Public Health, or the 1185 | |
1427 | + | commissioner's designee, who are actively practicing as doulas in the 1186 | |
1428 | + | state; 1187 | |
1429 | + | (2) One appointed by the Commissioner of Public Health, or the 1188 | |
1430 | + | commissioner's designee, who is a nurse-midwife, licensed pursuant to 1189 | |
1431 | + | chapter 377 of the general statutes, who has experience working with a 1190 | |
1432 | + | doula; 1191 | |
1433 | + | (3) One appointed by the Commissioner of Public Health, or the 1192 | |
1434 | + | commissioner's designee, in consultation with the Connecticut Hospital 1193 | |
1435 | + | Association, who shall represent an acute care hospital; 1194 | |
1436 | + | (4) One appointed by the Commissioner of Public Health, or the 1195 | |
1437 | + | commissioner's designee, who shall represent an association that 1196 | |
1438 | + | represents hospitals and health-related organizations in the state; 1197 | |
1439 | + | (5) One appointed by the Commissioner of Public Health, or the 1198 Substitute Bill No. 5500 | |
1834 | 1440 | ||
1835 | - | shall represent the kidney patient community in this state and such | |
1836 | - | other members that such chairpersons, in their discretion, agree are | |
1837 | - | necessary to represent public health clinics, community health centers, | |
1838 | - | minority health organizations and health insurers. | |
1839 | - | (c) Any member of the advisory committee appointed under | |
1840 | - | subdivision (1), (2), (3), (4), (5), (6) [, (7), (8), (9), (10),] or (11) [or (16)] of | |
1841 | - | subsection (b) of this section may be a member of the General Assembly. | |
1842 | - | (d) All initial appointments to the advisory committee shall be made | |
1843 | - | not later than thirty days after [July 12, 2021] the effective date of this | |
1844 | - | section. Any vacancy shall be filled by the appointing authority. | |
1845 | - | (e) The speaker of the House of Representatives and the president pro | |
1846 | - | tempore of the Senate shall select the chairpersons of the advisory | |
1847 | - | committee from among the members of the advisory committee. Such | |
1848 | - | chairpersons shall schedule the first meeting of the advisory committee, | |
1849 | - | which shall be held not later than sixty days after [July 12, 2021] the | |
1850 | - | effective date of this section. Meetings of the advisory committee may, | |
1851 | - | at the discretion of the chairpersons of the advisory committee, be | |
1852 | - | conducted on a virtual platform. | |
1853 | - | (f) The administrative staff of the advisory committee shall be | |
1854 | - | selected by the Office of Legislative Management in consultation with | |
1855 | - | the chairpersons of the advisory committee. | |
1856 | - | (g) Not later than January 1, [2022] 2024, and annually thereafter, the | |
1857 | - | advisory committee shall submit a report on its findings and | |
1858 | - | recommendations to the joint standing committee of the General | |
1859 | - | Assembly having cognizance of matters relating to public health in | |
1860 | - | accordance with the provisions of section 11-4a. | |
1861 | - | Sec. 50. Section 19a-127k of the general statutes is repealed and the | |
1862 | - | following is substituted in lieu thereof (Effective January 1, 2023): Substitute House Bill No. 5500 | |
1863 | 1441 | ||
1864 | - | Public Act No. 22-58 58 of 100 | |
1442 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1443 | + | R01-HB.docx } | |
1444 | + | 39 of 42 | |
1865 | 1445 | ||
1866 | - | ||
1867 | - | ||
1868 | - | ||
1869 | - | ||
1870 | - | ||
1871 | - | ||
1872 | - | ||
1873 | - | ||
1874 | - | ||
1875 | - | ||
1876 | - | ||
1877 | - | ||
1878 | - | ||
1879 | - | ||
1880 | - | ||
1881 | - | ||
1882 | - | ||
1883 | - | ||
1884 | - | ||
1885 | - | (2) | |
1886 | - | in | |
1887 | - | ||
1888 | - | ( | |
1889 | - | ||
1890 | - | ||
1891 | - | ||
1892 | - | ||
1893 | - | ||
1894 | - | ||
1446 | + | commissioner's designee, who shall be a licensed health care provider 1199 | |
1447 | + | who specializes in obstetrics and has experience working with a doula; 1200 | |
1448 | + | (6) One appointed by the Commissioner of Public Health, or the 1201 | |
1449 | + | commissioner's designee, who shall represent a community-based 1202 | |
1450 | + | doula training organization; 1203 | |
1451 | + | (7) One appointed by the Commissioner of Public Health, or the 1204 | |
1452 | + | commissioner's designee, who shall represent a community-based 1205 | |
1453 | + | maternal and child health organization; 1206 | |
1454 | + | (8) One appointed by the Commissioner of Public Health, or the 1207 | |
1455 | + | commissioner's designee, who shall have expertise in health equity; 1208 | |
1456 | + | (9) The Commissioner of Social Services, or the commissioner's 1209 | |
1457 | + | designee; 1210 | |
1458 | + | (10) The Commissioner of Mental Health and Addiction Services, or 1211 | |
1459 | + | the commissioner's designee; and 1212 | |
1460 | + | (11) The Commissioner of Early Childhood, or the commissioner's 1213 | |
1461 | + | designee. 1214 | |
1462 | + | (e) Not later than January 15, 2023, the Doula Advisory Committee 1215 | |
1463 | + | shall establish a Doula Training Program Review Committee. Such 1216 | |
1464 | + | committee shall (1) conduct a continuous review of doula training 1217 | |
1465 | + | programs; and (2) provide a list of approved doula training programs 1218 | |
1466 | + | in the state that meet the requirements established by the Doula 1219 | |
1467 | + | Advisory Committee. 1220 | |
1468 | + | Sec. 41. (Effective from passage) The Commissioner of Public Health 1221 | |
1469 | + | shall study whether the state should adopt safe harbor legislation that 1222 | |
1470 | + | permits alternative health care practitioners who are not licensed, 1223 | |
1471 | + | certified or registered in the state to provide traditional health care 1224 | |
1472 | + | services, to provide certain alternative health care services, including, 1225 | |
1473 | + | but not limited to, aromatherapy, energetic healing, healing touch, 1226 | |
1474 | + | herbology or herbalism, meditation and mind body practices, polarity 1227 Substitute Bill No. 5500 | |
1895 | 1475 | ||
1896 | - | Public Act No. 22-58 59 of 100 | |
1897 | 1476 | ||
1898 | - | linked with social or economic disadvantages that adversely affect one | |
1899 | - | or more groups of people who have experienced greater systemic social | |
1900 | - | or economic obstacles to health or a safe environment based on race or | |
1901 | - | ethnicity, religion, socioeconomic status, gender, age, mental health, | |
1902 | - | cognitive, sensory or physical disability, sexual orientation, gender | |
1903 | - | identity, geographic location or other characteristics historically linked | |
1904 | - | to discrimination or exclusion; | |
1905 | - | (6) "Health equity" means that every person has a fair and just | |
1906 | - | opportunity to be as healthy as possible, which encompasses removing | |
1907 | - | obstacles to health, such as poverty, racism and the adverse | |
1908 | - | consequences of poverty and racism, including, but not limited to, a lack | |
1909 | - | of equitable opportunities, access to good jobs with fair pay, quality | |
1910 | - | education and housing, safe environments and health care; | |
1911 | - | [(3)] (7) "Hospital" [has the same meaning as provided in section 19a- | |
1912 | - | 490.] means a nonprofit entity licensed as a hospital pursuant to chapter | |
1913 | - | 368v that is required to annually file Internal Revenue Service form 990. | |
1914 | - | "Hospital" includes a for-profit entity licensed as an acute care general | |
1915 | - | hospital; | |
1916 | - | (8) "Implementation strategy" means a written plan, as described in | |
1917 | - | 26 CFR 1.501(r)-(3), that is adopted by an authorized body of a hospital | |
1918 | - | and documents how such hospital intends to address the needs | |
1919 | - | identified in the community health needs assessment; and | |
1920 | - | (9) "Meaningful participation" means that (A) residents of a hospital's | |
1921 | - | community, including, but not limited to, residents of such community | |
1922 | - | that experience the greatest health disparities, have an appropriate | |
1923 | - | opportunity to participate in such hospital's planning and decisions, (B) | |
1924 | - | community participation influences a hospital's planning, and (C) | |
1925 | - | participants receive information from a hospital summarizing how their | |
1926 | - | input was or was not used by such hospital. Substitute House Bill No. 5500 | |
1477 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1478 | + | R01-HB.docx } | |
1479 | + | 40 of 42 | |
1927 | 1480 | ||
1928 | - | Public Act No. 22-58 60 of 100 | |
1481 | + | therapy, reflexology and Reiki, without violating any provision of the 1228 | |
1482 | + | general statutes relating to the unlicensed practice of medicine. Not later 1229 | |
1483 | + | than January 1, 2023, the commissioner shall report, in accordance with 1230 | |
1484 | + | the provisions of section 11-4a of the general statutes, regarding such 1231 | |
1485 | + | study to the joint standing committee of the General Assembly having 1232 | |
1486 | + | cognizance of matters relating to public health. 1233 | |
1487 | + | Sec. 42. Subsection (c) of section 19a-498 of the general statutes is 1234 | |
1488 | + | repealed and the following is substituted in lieu thereof (Effective October 1235 | |
1489 | + | 1, 2022): 1236 | |
1490 | + | (c) The Department of Mental Health and Addiction Services, with 1237 | |
1491 | + | respect to any behavioral health facility, [or alcohol or drug treatment 1238 | |
1492 | + | facility,] shall be authorized, either upon the request of the 1239 | |
1493 | + | Commissioner of Public Health or at such other times as they deem 1240 | |
1494 | + | necessary, to enter such facility for the purpose of inspecting programs 1241 | |
1495 | + | conducted at such facility. A written report of the findings of any such 1242 | |
1496 | + | inspection shall be forwarded to the Commissioner of Public Health and 1243 | |
1497 | + | a copy shall be maintained in such facility's licensure file. 1244 | |
1498 | + | Sec. 43. Section 19a-509g of the general statutes is repealed and the 1245 | |
1499 | + | following is substituted in lieu thereof (Effective October 1, 2022): 1246 | |
1500 | + | [An alcohol or drug treatment facility, as defined in section 19a-490,] 1247 | |
1501 | + | A behavioral health facility shall use the criteria for admission 1248 | |
1502 | + | developed by the American Society of Addiction Medicine for purposes 1249 | |
1503 | + | of assessing a person for admission to such facility in consideration of 1250 | |
1504 | + | (1) the services for which the facility is licensed, and (2) the appropriate 1251 | |
1505 | + | services required for treatment of such person. 1252 | |
1506 | + | Sec. 44. Subdivision (1) of subsection (b) of section 38a-493 of the 2022 1253 | |
1507 | + | supplement to the general statutes is repealed and the following is 1254 | |
1508 | + | substituted in lieu thereof (Effective October 1, 2022): 1255 | |
1509 | + | (1) "Hospital" means an institution that is primarily engaged in 1256 | |
1510 | + | providing, by or under the supervision of physicians, to inpatients (A) 1257 | |
1511 | + | diagnostic, surgical and therapeutic services for medical diagnosis, 1258 Substitute Bill No. 5500 | |
1929 | 1512 | ||
1930 | - | (b) [On or before January 1, 2005, and biennially thereafter, each | |
1931 | - | managed care organization and] On and after January 1, 2023, each | |
1932 | - | hospital shall submit community benefit program reporting to the | |
1933 | - | [Healthcare Advocate, or the Healthcare Advocate's designee, a report | |
1934 | - | on whether the managed care organization or hospital has in place a | |
1935 | - | community benefits program. If a managed care organization or | |
1936 | - | hospital elects to develop a community benefits program, the report | |
1937 | - | required by this subsection shall comply with the reporting | |
1938 | - | requirements of subsection (d) of this section] Office of Health Strategy, | |
1939 | - | or to a designee selected by the executive director of the Office of Health | |
1940 | - | Strategy, in the form and manner described in subsections (c) to (e), | |
1941 | - | inclusive, of this section. | |
1942 | - | [(c) A managed care organization or hospital may develop | |
1943 | - | community benefit guidelines intended to promote preventive care and | |
1944 | - | to improve the health status for working families and populations at | |
1945 | - | risk, whether or not those individuals are enrollees of the managed care | |
1946 | - | plan or patients of the hospital. The guidelines shall focus on the | |
1947 | - | following principles: | |
1948 | - | (1) Adoption and publication of a community benefits policy | |
1949 | - | statement setting forth the organization's or hospital's commitment to a | |
1950 | - | formal community benefits program; | |
1951 | - | (2) The responsibility for overseeing the development and | |
1952 | - | implementation of the community benefits program, the resources to be | |
1953 | - | allocated and the administrative mechanisms for the regular evaluation | |
1954 | - | of the program; | |
1955 | - | (3) Seeking assistance and meaningful participation from the | |
1956 | - | communities within the organization's or hospital's geographic service | |
1957 | - | areas in developing and implementing the program and in defining the | |
1958 | - | targeted populations and the specific health care needs it should | |
1959 | - | address. In doing so, the governing body or management of the Substitute House Bill No. 5500 | |
1960 | 1513 | ||
1961 | - | Public Act No. 22-58 61 of 100 | |
1514 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1515 | + | R01-HB.docx } | |
1516 | + | 41 of 42 | |
1962 | 1517 | ||
1963 | - | organization or hospital shall give priority to the public health needs | |
1964 | - | outlined in the most recent version of the state health plan prepared by | |
1965 | - | the Department of Public Health pursuant to section 19a-7; and | |
1966 | - | (4) Developing its program based upon an assessment of the health | |
1967 | - | care needs and resources of the targeted populations, particularly low | |
1968 | - | and middle-income, medically underserved populations and barriers to | |
1969 | - | accessing health care, including, but not limited to, cultural, linguistic | |
1970 | - | and physical barriers to accessible health care, lack of information on | |
1971 | - | available sources of health care coverage and services, and the benefits | |
1972 | - | of preventive health care. The program shall consider the health care | |
1973 | - | needs of a broad spectrum of age groups and health conditions.] | |
1974 | - | (c) Each hospital shall submit its community health needs assessment | |
1975 | - | to the Office of Health Strategy not later than thirty days after the date | |
1976 | - | on which such assessment is made available to the public pursuant to | |
1977 | - | 26 CFR 1.501(r)-(3)(b), provided the executive director of the Office of | |
1978 | - | Health Strategy, or the executive director's designee, may grant an | |
1979 | - | extension of time to a hospital for the filing of such assessment. Such | |
1980 | - | submission shall contain the following: | |
1981 | - | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)- | |
1982 | - | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the | |
1983 | - | Internal Revenue Service: | |
1984 | - | (A) A definition of the community served by the hospital and a | |
1985 | - | description of how the community was determined; | |
1986 | - | (B) A description of the process and methods used to conduct the | |
1987 | - | community health needs assessment; | |
1988 | - | (C) A description of how the hospital solicited and took into account | |
1989 | - | input received from persons who represent the broad interests of the | |
1990 | - | community it serves; Substitute House Bill No. 5500 | |
1518 | + | treatment and care of persons who have an injury, sickness or disability, 1259 | |
1519 | + | or (B) medical rehabilitation services for the rehabilitation of persons 1260 | |
1520 | + | who have an injury, sickness or disability. "Hospital" does not include a 1261 | |
1521 | + | residential care home, nursing home, rest home or [alcohol or drug 1262 | |
1522 | + | treatment facility] behavioral health facility, as defined in section 19a-1263 | |
1523 | + | 490, as amended by this act; 1264 | |
1524 | + | Sec. 45. Subdivision (1) of subsection (b) of section 38a-520 of the 2022 1265 | |
1525 | + | supplement to the general statutes is repealed and the following is 1266 | |
1526 | + | substituted in lieu thereof (Effective October 1, 2022): 1267 | |
1527 | + | (1) "Hospital" means an institution that is primarily engaged in 1268 | |
1528 | + | providing, by or under the supervision of physicians, to inpatients (A) 1269 | |
1529 | + | diagnostic, surgical and therapeutic services for medical diagnosis, 1270 | |
1530 | + | treatment and care of persons who have an injury, sickness or disability, 1271 | |
1531 | + | or (B) medical rehabilitation services for the rehabilitation of persons 1272 | |
1532 | + | who have an injury, sickness or disability. "Hospital" does not include a 1273 | |
1533 | + | residential care home, nursing home, rest home or [alcohol or drug 1274 | |
1534 | + | treatment facility] behavioral health facility, as defined in section 19a-1275 | |
1535 | + | 490, as amended by this act;1276 | |
1536 | + | This act shall take effect as follows and shall amend the following | |
1537 | + | sections: | |
1991 | 1538 | ||
1992 | - | Public Act No. 22-58 62 of 100 | |
1539 | + | Section 1 October 1, 2022 19a-490 | |
1540 | + | Sec. 2 October 1, 2022 19a-491c(a) | |
1541 | + | Sec. 3 October 1, 2022 19a-535b | |
1542 | + | Sec. 4 October 1, 2022 19a-537(a) | |
1543 | + | Sec. 5 October 1, 2022 19a-550(a) | |
1544 | + | Sec. 6 October 1, 2022 20-185r(a) to (e) | |
1545 | + | Sec. 7 October 1, 2022 12-20a(a) | |
1546 | + | Sec. 8 October 1, 2022 17b-368 | |
1547 | + | Sec. 9 from passage 19a-491(a) | |
1548 | + | Sec. 10 October 1, 2022 19a-497(a) | |
1549 | + | Sec. 11 from passage 19a-515(a) and (b) | |
1550 | + | Sec. 12 October 1, 2022 19a-492e(a) | |
1551 | + | Sec. 13 October 1, 2022 19a-495a(a) and (b) | |
1552 | + | Sec. 14 from passage New section Substitute Bill No. 5500 | |
1993 | 1553 | ||
1994 | - | (D) A prioritized description of the significant health needs of the | |
1995 | - | community identified through the community health needs assessment, | |
1996 | - | and a description of the process and criteria used in identifying certain | |
1997 | - | health needs as significant and prioritizing those significant health | |
1998 | - | needs; | |
1999 | - | (E) A description of the resources potentially available to address the | |
2000 | - | significant health needs identified through the community health needs | |
2001 | - | assessment; | |
2002 | - | (F) An evaluation of the impact of any actions that were taken, since | |
2003 | - | the hospital finished conducting its immediately preceding community | |
2004 | - | health needs assessment, to address the significant health needs | |
2005 | - | identified in the hospital's prior community health needs assessment; | |
2006 | - | and | |
2007 | - | (2) Additional documentation of the following: | |
2008 | - | (A) The names of the individuals responsible for developing the | |
2009 | - | community health needs assessment; | |
2010 | - | (B) The demographics of the population within the geographic | |
2011 | - | service area of the hospital and, to the extent feasible, a detailed | |
2012 | - | description of the health disparities, health risks, insurance status, | |
2013 | - | service utilization patterns and health care costs within such geographic | |
2014 | - | service area; | |
2015 | - | (C) A description of the health status and health disparities affecting | |
2016 | - | the population within the geographic service area of the hospital, | |
2017 | - | including, but not limited to, the health status and health disparities | |
2018 | - | affecting a representative spectrum of age, racial and ethnic groups, | |
2019 | - | incomes and medically underserved populations; | |
2020 | - | (D) A description of the meaningful participation afforded to | |
2021 | - | community benefit partners and diverse community members in Substitute House Bill No. 5500 | |
2022 | 1554 | ||
2023 | - | Public Act No. 22-58 63 of 100 | |
1555 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05500- | |
1556 | + | R01-HB.docx } | |
1557 | + | 42 of 42 | |
2024 | 1558 | ||
2025 | - | assessing community health needs, priorities and target populations; | |
2026 | - | (E) A description of the barriers to achieving or maintaining health | |
2027 | - | and to accessing health care, including, but not limited to, social, | |
2028 | - | economic and environmental barriers, lack of access to or availability of | |
2029 | - | sources of health care coverage and services and a lack of access to and | |
2030 | - | availability of prevention and health promotion services and support; | |
2031 | - | (F) Recommendations regarding the role that the state and other | |
2032 | - | community benefit partners could play in removing the barriers | |
2033 | - | described in subparagraph (E) of this subdivision and enabling effective | |
2034 | - | solutions; and | |
2035 | - | (G) Any additional information, data or disclosures that the hospital | |
2036 | - | voluntarily chooses to include as may be relevant to its community | |
2037 | - | benefit program. | |
2038 | - | (d) Each hospital shall submit its implementation strategy to the | |
2039 | - | Office of Health Strategy not later than thirty days after the date on | |
2040 | - | which such implementation strategy is adopted pursuant to 26 CFR | |
2041 | - | 1.501(r)-(3)(c), provided the executive director of the Office of Health | |
2042 | - | Strategy, or the executive director's designee, may grant an extension to | |
2043 | - | a hospital for the filing of such implementation strategy. Such | |
2044 | - | submission shall contain the following: | |
2045 | - | (1) Consistent with the requirements set forth in 26 CFR 1.501(r)- | |
2046 | - | (3)(b)(6)(i), and as included in a hospital's federal filing submitted to the | |
2047 | - | Internal Revenue Service: | |
2048 | - | (A) With respect to each significant health need identified through | |
2049 | - | the community health needs assessment, either (i) a description of how | |
2050 | - | the hospital plans to address the health need, or (ii) identification of the | |
2051 | - | health need as one which the hospital does not intend to address; | |
2052 | - | (B) For significant health needs described in subparagraph (A)(i) of Substitute House Bill No. 5500 | |
1559 | + | Sec. 15 from passage 20-90 | |
1560 | + | Sec. 16 from passage 19a-16d(c) and (d) | |
1561 | + | Sec. 17 from passage 19a-16e(a) | |
1562 | + | Sec. 18 from passage 20-132a(c) | |
1563 | + | Sec. 19 from passage 19a-14c(b) | |
1564 | + | Sec. 20 from passage 20-12j(b) | |
1565 | + | Sec. 21 from passage 19a-177(8)(B) | |
1566 | + | Sec. 22 from passage 14-1(5) | |
1567 | + | Sec. 23 October 1, 2022 19a-30(a) | |
1568 | + | Sec. 24 October 1, 2022 19a-31b | |
1569 | + | Sec. 25 October 1, 2022 19a-72(a)(1) and (2) | |
1570 | + | Sec. 26 October 1, 2022 19a-215(a)(1) | |
1571 | + | Sec. 27 October 1, 2022 19a-269b(a) | |
1572 | + | Sec. 28 October 1, 2022 20-7a(d) | |
1573 | + | Sec. 29 October 1, 2022 20-7c(a) | |
1574 | + | Sec. 30 October 1, 2022 38a-477aa(a)(6)(A) | |
1575 | + | Sec. 31 from passage 7-51a | |
1576 | + | Sec. 32 from passage 7-74 | |
1577 | + | Sec. 33 from passage 19a-36m(c) and (d) | |
1578 | + | Sec. 34 from passage 16-245n(c)(2)(A) | |
1579 | + | Sec. 35 July 1, 2022 20-191c(b) | |
1580 | + | Sec. 36 from passage 19a-563h | |
1581 | + | Sec. 37 from passage 17b-59d | |
1582 | + | Sec. 38 from passage 17b-59e | |
1583 | + | Sec. 39 from passage 19a-495(c) | |
1584 | + | Sec. 40 from passage New section | |
1585 | + | Sec. 41 from passage New section | |
1586 | + | Sec. 42 October 1, 2022 19a-498(c) | |
1587 | + | Sec. 43 October 1, 2022 19a-509g | |
1588 | + | Sec. 44 October 1, 2022 38a-493(b)(1) | |
1589 | + | Sec. 45 October 1, 2022 38a-520(b)(1) | |
2053 | 1590 | ||
2054 | - | Public Act No. 22-58 64 of 100 | |
1591 | + | Statement of Legislative Commissioners: | |
1592 | + | In Section 15, former Subsec. (b), which had been redesignated as | |
1593 | + | Subsec. (d), has been bracketed to avoid repetition. | |
2055 | 1594 | ||
2056 | - | this subdivision, (i) a description of the actions that the hospital intends | |
2057 | - | to take to address the health need and the anticipated impact of such | |
2058 | - | actions, (ii) identification of the resources that the hospital plans to | |
2059 | - | commit to address the health need, and (iii) a description of any planned | |
2060 | - | collaboration between the hospital and other facilities or organizations | |
2061 | - | to address the health need; | |
2062 | - | (C) For significant health needs identified in subparagraph (A)(ii) of | |
2063 | - | this subdivision, an explanation of why the hospital does not intend to | |
2064 | - | address such health need; and | |
2065 | - | (2) Additional documentation of the following: | |
2066 | - | (A) The names of the individuals responsible for developing the | |
2067 | - | implementation strategy; | |
2068 | - | (B) A description of the meaningful participation afforded to | |
2069 | - | community benefit partners and diverse community members; | |
2070 | - | (C) A description of the community health needs and health | |
2071 | - | disparities that were prioritized in developing the implementation | |
2072 | - | strategy with consideration given to the most recent version of the state | |
2073 | - | health plan prepared by the Department of Public Health pursuant to | |
2074 | - | section 19a-7; | |
2075 | - | (D) Reference-citing evidence, if available, that shows how the | |
2076 | - | implementation strategy is intended to address the corresponding | |
2077 | - | health need or reduction in health disparity; | |
2078 | - | (E) A description of the planned methods for the ongoing evaluation | |
2079 | - | of proposed actions and corresponding process or outcome measures | |
2080 | - | intended for use in assessing progress or impact; | |
2081 | - | (F) A description of how the hospital solicited commentary on the | |
2082 | - | implementation strategy from the communities within such hospital's Substitute House Bill No. 5500 | |
2083 | - | ||
2084 | - | Public Act No. 22-58 65 of 100 | |
2085 | - | ||
2086 | - | geographic service area and revisions to such strategy based on such | |
2087 | - | commentary; and | |
2088 | - | (G) Any other information that the hospital voluntarily chooses to | |
2089 | - | include as may be relevant to its implementation strategy, including, but | |
2090 | - | not limited to, data, disclosures, expected or planned resource outlay, | |
2091 | - | investments or commitments, including, but not limited to, staff, | |
2092 | - | financial or in-kind commitments. | |
2093 | - | [(d) Each managed care organization and each hospital that chooses | |
2094 | - | to participate in developing a community benefits program shall | |
2095 | - | include in the biennial report required by subsection (b) of this section | |
2096 | - | the status of the program, if any, that the organization or hospital | |
2097 | - | established. If the managed care organization or hospital has chosen to | |
2098 | - | participate in a community benefits program, the report shall include | |
2099 | - | the following components: (1) The community benefits policy statement | |
2100 | - | of the managed care organization or hospital; (2) the mechanism by | |
2101 | - | which community participation is solicited and incorporated in the | |
2102 | - | community benefits program; (3) identification of community health | |
2103 | - | needs that were considered in developing and implementing the | |
2104 | - | community benefits program; (4) a narrative description of the | |
2105 | - | community benefits, community services, and preventive health | |
2106 | - | education provided or proposed, which may include measurements | |
2107 | - | related to the number of people served and health status outcomes; (5) | |
2108 | - | measures taken to evaluate the results of the community benefits | |
2109 | - | program and proposed revisions to the program; (6) to the extent | |
2110 | - | feasible, a community benefits budget and a good faith effort to measure | |
2111 | - | expenditures and administrative costs associated with the community | |
2112 | - | benefits program, including both cash and in-kind commitments; and | |
2113 | - | (7) a summary of the extent to which the managed care organization or | |
2114 | - | hospital has developed and met the guidelines listed in subsection (c) of | |
2115 | - | this section. Each managed care organization and each hospital shall | |
2116 | - | make a copy of the report available, upon request, to any member of the Substitute House Bill No. 5500 | |
2117 | - | ||
2118 | - | Public Act No. 22-58 66 of 100 | |
2119 | - | ||
2120 | - | public.] | |
2121 | - | (e) On or before October 1, 2023, and annually thereafter, each | |
2122 | - | hospital shall submit to the Office of Health Strategy a status report on | |
2123 | - | such hospital's community benefit program, provided the executive | |
2124 | - | director of the Office of Health Strategy, or the executive director's | |
2125 | - | designee, may grant an extension to a hospital for the filing of such | |
2126 | - | report. Such report shall include the following: | |
2127 | - | (1) A description of major updates regarding community health | |
2128 | - | needs, priorities and target populations, if any; | |
2129 | - | (2) A description of progress made regarding the hospital's actions in | |
2130 | - | support of its implementation strategy; | |
2131 | - | (3) A description of any major changes to the proposed | |
2132 | - | implementation strategy and associated hospital actions; and | |
2133 | - | (4) A description of financial resources and other resources allocated | |
2134 | - | or expended that supported the actions taken in support of the hospital's | |
2135 | - | implementation strategy. | |
2136 | - | (f) Notwithstanding the provisions of section 19a-755a, and to the full | |
2137 | - | extent permitted by 45 CFR 164.514(e), the Office of Health Strategy | |
2138 | - | shall make data in the all-payer claims database available to hospitals | |
2139 | - | for use in their community benefit programs and activities solely for the | |
2140 | - | purposes of (1) preparing the hospital's community health needs | |
2141 | - | assessment, (2) preparing and executing the hospital's implementation | |
2142 | - | strategy, and (3) fulfilling community benefit program reporting, as | |
2143 | - | described in subsections (c) to (e), inclusive, of this section. Any | |
2144 | - | disclosure made by said office pursuant to this subsection of | |
2145 | - | information other than health information shall be made in a manner to | |
2146 | - | protect the confidentiality of such information as may be required by | |
2147 | - | state or federal law. Substitute House Bill No. 5500 | |
2148 | - | ||
2149 | - | Public Act No. 22-58 67 of 100 | |
2150 | - | ||
2151 | - | (g) A hospital shall not be responsible for limitations in its ability to | |
2152 | - | fulfill community benefit program reporting requirements, as described | |
2153 | - | in subsections (c) to (e), inclusive, of this section, if the all-payer claims | |
2154 | - | database data is not provided to such hospital, as required by subsection | |
2155 | - | (f) of this section. | |
2156 | - | [(e)] (h) [The Healthcare Advocate, or the Healthcare Advocate's | |
2157 | - | designee, shall, within available appropriations,] On or before April 1, | |
2158 | - | 2024, and annually thereafter, the executive director of the Office of | |
2159 | - | Health Strategy shall develop a summary and analysis of the | |
2160 | - | community benefits program [reports] reporting submitted by | |
2161 | - | [managed care organizations and] hospitals under this section [and shall | |
2162 | - | review such reports for adherence to the guidelines set forth in | |
2163 | - | subsection (c) of this section. Not later than October 1, 2005, and | |
2164 | - | biennially thereafter, the Healthcare Advocate, or the Healthcare | |
2165 | - | Advocate's designee, shall make such summary and analysis available | |
2166 | - | to the public upon request.] during the previous calendar year and post | |
2167 | - | such summary and analysis on its Internet web site and solicit | |
2168 | - | stakeholder input through a public comment period. The Office of | |
2169 | - | Health Strategy shall use such reporting and stakeholder input to: | |
2170 | - | (1) Identify additional stakeholders that may be engaged to address | |
2171 | - | identified community health needs including, but not limited to, federal, | |
2172 | - | state and municipal entities, nonhospital private sector health care | |
2173 | - | providers and private sector entities that are not health care providers, | |
2174 | - | including community-based organizations, insurers and charitable | |
2175 | - | organizations; | |
2176 | - | (2) Determine how each identified stakeholder could assist in | |
2177 | - | addressing identified community health needs or augmenting solutions | |
2178 | - | or approaches reported in the implementation strategies; | |
2179 | - | (3) Determine whether to make recommendations to the Department | |
2180 | - | of Public Health in the development of its state health plan; and Substitute House Bill No. 5500 | |
2181 | - | ||
2182 | - | Public Act No. 22-58 68 of 100 | |
2183 | - | ||
2184 | - | (4) Inform the state-wide health care facilities and services plan | |
2185 | - | established pursuant to section 19a-634. | |
2186 | - | [(f) The Healthcare Advocate may, after notice and opportunity for a | |
2187 | - | hearing, in accordance with chapter 54, impose a civil penalty on any | |
2188 | - | managed care organization or hospital that fails to submit the report | |
2189 | - | required pursuant to this section by the date specified in subsection (b) | |
2190 | - | of this section. Such penalty shall be not more than fifty dollars a day | |
2191 | - | for each day after the required submittal date that such report is not | |
2192 | - | submitted.] | |
2193 | - | (i) Each for-profit entity licensed as an acute care general hospital | |
2194 | - | shall submit community benefit program reporting consistent with the | |
2195 | - | reporting schedules of subsections (c) to (e), inclusive, of this section, | |
2196 | - | and reasonably similar to what would be included on such hospital's | |
2197 | - | federal filings to the Internal Revenue Service, where applicable. | |
2198 | - | Sec. 51. (NEW) (Effective from passage) (a) As used in this section: | |
2199 | - | (1) "Anatomical gift" means a donation of all or part of a human body | |
2200 | - | to take effect after the donor's death for the purpose of transplantation; | |
2201 | - | (2) "Intellectual disability" means a significant limitation in | |
2202 | - | intellectual functioning existing concurrently with deficits in adaptive | |
2203 | - | behavior that originated during the developmental period before | |
2204 | - | eighteen years of age; | |
2205 | - | (3) "Mental disability" means one or more mental disorders, as | |
2206 | - | defined in the most recent edition of the American Psychiatric | |
2207 | - | Association's "Diagnostic and Statistical Manual of Mental Disorders"; | |
2208 | - | (4) "Organ" means all or part of a human liver, pancreas, kidney, | |
2209 | - | intestine or lung; and | |
2210 | - | (5) "Physical disability" means any chronic physical handicap, Substitute House Bill No. 5500 | |
2211 | - | ||
2212 | - | Public Act No. 22-58 69 of 100 | |
2213 | - | ||
2214 | - | infirmity or impairment, whether congenital or resulting from bodily | |
2215 | - | injury, organic processes or changes or from illness, including, but not | |
2216 | - | limited to, blindness, epilepsy, deafness or being hard of hearing or | |
2217 | - | reliance on a wheelchair or other remedial appliance or device. | |
2218 | - | (b) A person who is a candidate to receive an anatomical gift or an | |
2219 | - | organ from a living donor for transplantation shall not be deemed | |
2220 | - | ineligible to receive the anatomical gift or organ solely because of the | |
2221 | - | person's physical, mental or intellectual disability, except to the extent | |
2222 | - | that a physician has determined, following an evaluation of the person, | |
2223 | - | that the person's physical, mental or intellectual disability is medically | |
2224 | - | significant so as to contraindicate the acceptance of the anatomical gift | |
2225 | - | or organ. If a person has the necessary support to assist the person in | |
2226 | - | complying with post-transplant medical requirements, the person's | |
2227 | - | inability to comply with such requirements without assistance shall not | |
2228 | - | be deemed to be medically significant. The provisions of this subsection | |
2229 | - | shall apply to each part of the transplant process. | |
2230 | - | (c) Nothing in this section shall be construed to require a physician to | |
2231 | - | make a referral or recommendation for, or perform a medically | |
2232 | - | inappropriate transplant of an anatomical gift or organ. | |
2233 | - | Sec. 52. Section 19a-563 of the 2022 supplement to the general statutes | |
2234 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
2235 | - | 1, 2022): | |
2236 | - | (a) As used in this section [,] and sections 19a-563a to 19a-563h, | |
2237 | - | inclusive, as amended by this act: [, and sections 9 and 11 of public act | |
2238 | - | 21-185:] | |
2239 | - | (1) "Nursing home" means any chronic and convalescent nursing | |
2240 | - | home or any rest home with nursing supervision that provides nursing | |
2241 | - | supervision under a medical director twenty-four hours per day, or any | |
2242 | - | chronic and convalescent nursing home that provides skilled nursing Substitute House Bill No. 5500 | |
2243 | - | ||
2244 | - | Public Act No. 22-58 70 of 100 | |
2245 | - | ||
2246 | - | care under medical supervision and direction to carry out nonsurgical | |
2247 | - | treatment and dietary procedures for chronic diseases, convalescent | |
2248 | - | stages, acute diseases or injuries; and | |
2249 | - | (2) "Dementia special care unit" means the unit of any assisted living | |
2250 | - | facility that locks, secures, segregates or provides a special program or | |
2251 | - | unit for residents with a diagnosis of probable Alzheimer's disease, | |
2252 | - | dementia or other similar disorder, in order to prevent or limit access by | |
2253 | - | a resident outside the designated or separated area, or that advertises or | |
2254 | - | markets the facility as providing specialized care or services for persons | |
2255 | - | suffering from Alzheimer's disease or dementia. | |
2256 | - | (b) Each nursing home and dementia special care unit with more than | |
2257 | - | sixty residents shall employ a full-time infection prevention and control | |
2258 | - | specialist. [who] Each nursing home and dementia special care unit with | |
2259 | - | sixty residents or less shall employ a part-time infection prevention and | |
2260 | - | control specialist. The infection prevention and control specialist shall | |
2261 | - | be responsible for the following: | |
2262 | - | (1) Ongoing training of all administrators and employees of the | |
2263 | - | nursing home or dementia special care unit on infection prevention and | |
2264 | - | control using multiple training methods, including, but not limited to, | |
2265 | - | in-person training and the provision of written materials in English and | |
2266 | - | Spanish; | |
2267 | - | (2) The inclusion of information regarding infection prevention and | |
2268 | - | control in the documentation that the nursing home or dementia special | |
2269 | - | care unit provides to residents regarding their rights while in the home | |
2270 | - | or unit and posting of such information in areas visible to residents; | |
2271 | - | (3) Participation as a member of the infection prevention and control | |
2272 | - | committee of the nursing home or dementia special care unit and | |
2273 | - | reporting to such committee at its regular meetings regarding the | |
2274 | - | training he or she has provided pursuant to subdivision (1) of this Substitute House Bill No. 5500 | |
2275 | - | ||
2276 | - | Public Act No. 22-58 71 of 100 | |
2277 | - | ||
2278 | - | subsection; | |
2279 | - | (4) The provision of training on infection prevention and control | |
2280 | - | methods to supplemental or replacement staff of the nursing home or | |
2281 | - | dementia special care unit in the event an infectious disease outbreak or | |
2282 | - | other situation reduces the staffing levels of the home or unit; and | |
2283 | - | (5) Any other duties or responsibilities deemed appropriate for the | |
2284 | - | infection prevention and control specialist, as determined by the | |
2285 | - | nursing home or dementia special care unit. | |
2286 | - | (c) Each nursing home and dementia special care unit shall require its | |
2287 | - | infection prevention and control specialist to [work on a rotating | |
2288 | - | schedule that ensures the specialist covers each eight-hour shift at least | |
2289 | - | once per month] implement procedures to monitor the infection | |
2290 | - | prevention and control practice of each daily shift for purposes of | |
2291 | - | ensuring compliance with relevant infection prevention and control | |
2292 | - | standards. | |
2293 | - | (d) An infection prevention and control specialist may provide | |
2294 | - | infection prevention and control services in accordance with the | |
2295 | - | provisions of this section to both a nursing home and a dementia special | |
2296 | - | care unit or to two nursing homes, provided (1) the nursing home and | |
2297 | - | dementia special care unit, or the two nursing homes, are (A) adjacently | |
2298 | - | located to or on the same campus as one another, and (B) commonly | |
2299 | - | owned or operated, and (2) the owner or operator of such nursing home | |
2300 | - | and dementia special care unit, or the two nursing homes, (A) submits | |
2301 | - | a written request to the Commissioner of Public Health, or the | |
2302 | - | commissioner's designee, in a form and manner prescribed by the | |
2303 | - | commissioner, for such infection prevention and control specialist to | |
2304 | - | provide infection prevention and control services in accordance with the | |
2305 | - | provisions of this section, and (B) receives notification from the | |
2306 | - | Commissioner of Public Health, or the commissioner's designee, that | |
2307 | - | such written request is approved. Substitute House Bill No. 5500 | |
2308 | - | ||
2309 | - | Public Act No. 22-58 72 of 100 | |
2310 | - | ||
2311 | - | (e) The Commissioner of Public Health may waive any requirement | |
2312 | - | of this section if the commissioner determines that doing so would not | |
2313 | - | endanger the life, safety or health of any resident or employee of a | |
2314 | - | nursing home or dementia special care unit. If the commissioner waives | |
2315 | - | any requirement, the commissioner may impose conditions that assure | |
2316 | - | the health, safety and welfare of the residents and employees of each | |
2317 | - | nursing home and dementia special care unit or revoke such waiver if | |
2318 | - | the commissioner finds that the health, safety or welfare of any resident | |
2319 | - | or employee of a nursing home or dementia special care unit has been | |
2320 | - | jeopardized by such waiver. | |
2321 | - | Sec. 53. Subdivision (2) of section 19a-693 of the general statutes is | |
2322 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
2323 | - | 2022): | |
2324 | - | (2) "Assisted living services" means nursing services and assistance | |
2325 | - | with activities of daily living provided to residents living within (A) a | |
2326 | - | managed residential community having supportive services that | |
2327 | - | encourage persons primarily fifty-five years of age or older to maintain | |
2328 | - | a maximum level of independence, or (B) an elderly housing complex | |
2329 | - | receiving assistance and funding through the United States Department | |
2330 | - | of Housing and Urban Development's Assisted Living Conversion | |
2331 | - | Program. | |
2332 | - | Sec. 54. Section 19a-564 of the 2022 supplement to the general statutes | |
2333 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
2334 | - | 1, 2022): | |
2335 | - | (a) The Commissioner of Public Health shall license assisted living | |
2336 | - | services agencies, as defined in section 19a-490, as amended by this act. | |
2337 | - | A managed residential community wishing to provide assisted living | |
2338 | - | services shall become licensed as an assisted living services agency or | |
2339 | - | shall arrange for assisted living services to be provided by another entity | |
2340 | - | that is licensed as an assisted living services agency. Substitute House Bill No. 5500 | |
2341 | - | ||
2342 | - | Public Act No. 22-58 73 of 100 | |
2343 | - | ||
2344 | - | (b) A managed residential care community that intends to arrange for | |
2345 | - | assisted living services shall only do so with a currently licensed assisted | |
2346 | - | living services agency. Such managed residential community shall | |
2347 | - | submit an application to arrange for the assisted living services to the | |
2348 | - | Department of Public Health in a form and manner prescribed by the | |
2349 | - | commissioner. | |
2350 | - | (c) An elderly housing complex receiving assistance and funding | |
2351 | - | through the United States Department of Housing and Urban | |
2352 | - | Development's Assisted Living Conversion Program that intends to | |
2353 | - | arrange for assisted living services may do so with a currently licensed | |
2354 | - | assisted living services agency. Such elderly housing complex shall | |
2355 | - | inform the Department of Public Health of the arrangement upon | |
2356 | - | request in a form and manner prescribed by the commissioner and shall | |
2357 | - | not be required to register with the department as a managed residential | |
2358 | - | community. | |
2359 | - | [(c)] (d) An assisted living services agency providing services as a | |
2360 | - | dementia special care unit or program, as defined in section 19a-562, | |
2361 | - | shall obtain approval for such unit or program from the Department of | |
2362 | - | Public Health. Such assisted living services agencies shall ensure that | |
2363 | - | they have adequate staff to meet the needs of the residents. Each assisted | |
2364 | - | living services agency that provides services as a dementia special care | |
2365 | - | unit or program, as defined in section 19a-562, shall submit to the | |
2366 | - | Department of Public Health a list of dementia special care units or | |
2367 | - | locations and their staffing plans for any such units and locations when | |
2368 | - | completing an initial or a renewal licensure application, or upon request | |
2369 | - | from the department. | |
2370 | - | [(d)] (e) An assisted living services agency shall ensure that (1) all | |
2371 | - | services being provided on an individual basis to clients are fully | |
2372 | - | understood and agreed upon between either the client or the client's | |
2373 | - | representative, and (2) the client or the client's representative are made | |
2374 | - | aware of the cost of any such services. Substitute House Bill No. 5500 | |
2375 | - | ||
2376 | - | Public Act No. 22-58 74 of 100 | |
2377 | - | ||
2378 | - | [(e)] (f) The Department of Public Health may adopt regulations, in | |
2379 | - | accordance with the provisions of chapter 54, to carry out the purposes | |
2380 | - | of this section. | |
2381 | - | Sec. 55. Subsection (a) of section 19a-16d of the general statutes is | |
2382 | - | repealed and the following is substituted in lieu thereof (Effective from | |
2383 | - | passage): | |
2384 | - | (a) Any person or entity, acting on behalf of a health care profession | |
2385 | - | that seeks to establish a new scope of practice or change a profession's | |
2386 | - | scope of practice, [may] shall submit a written scope of practice request | |
2387 | - | to the Department of Public Health not later than August fifteenth of the | |
2388 | - | year preceding the commencement of the next regular session of the | |
2389 | - | General Assembly. | |
2390 | - | Sec. 56. Section 19a-408 of the general statutes is repealed and the | |
2391 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
2392 | - | After the termination of all proceedings for which the body is | |
2393 | - | required by the Chief Medical Examiner, the Deputy Chief Medical | |
2394 | - | Examiner, an associate medical examiner or an authorized assistant | |
2395 | - | medical examiner, the body shall be delivered to a person or persons | |
2396 | - | entitled by law to receive the same; but, if there are no such persons who | |
2397 | - | will take charge of and dispose of the body, then to the proper | |
2398 | - | authorities of the town in which the body is lying, whose duty it shall | |
2399 | - | be to dispose of it. Whenever the deceased person has not left property | |
2400 | - | sufficient to defray the expenses of disposition of the body, the same | |
2401 | - | shall be paid by such town. The Office of the Chief Medical Examiner | |
2402 | - | may take custody and coordinate the disposition of the body, including | |
2403 | - | cremation or burial, of such body. The Office of the Chief Medical | |
2404 | - | Examiner shall not proceed with the disposition of such body during the | |
2405 | - | twenty-one day period following the date of the pronouncement of | |
2406 | - | death and during such period of time shall make a reasonable effort, | |
2407 | - | including engaging the services of the law enforcement agency of the Substitute House Bill No. 5500 | |
2408 | - | ||
2409 | - | Public Act No. 22-58 75 of 100 | |
2410 | - | ||
2411 | - | town in which the deceased person died or of such deceased person's | |
2412 | - | residence to locate and contact any relatives of the deceased person. A | |
2413 | - | funeral director handling the disposition of the body of such deceased | |
2414 | - | person shall notify the Commissioner of Social Services in accordance | |
2415 | - | with sections 17b-84 and 17b-131, as amended by this act, for | |
2416 | - | reimbursement. The cremation certificate fee for any such disposition | |
2417 | - | shall be waived. | |
2418 | - | Sec. 57. Subsection (d) of section 45a-318 of the general statutes is | |
2419 | - | repealed and the following is substituted in lieu thereof (Effective October | |
2420 | - | 1, 2022): | |
2421 | - | (d) In the absence of a written designation of an individual pursuant | |
2422 | - | to subsection (a) of this section, or in the event that an individual and | |
2423 | - | any alternate designated pursuant to subsection (a) of this section | |
2424 | - | decline to act or cannot be located within forty-eight hours after the time | |
2425 | - | of death or the discovery of the body, the following individuals, in the | |
2426 | - | priority listed, shall have the right to custody and control of the | |
2427 | - | disposition of a person's body upon the death of such person, subject to | |
2428 | - | any directions for disposition made by such person, conservator or | |
2429 | - | agent pursuant to subdivision (1) or (2) of subsection (a) of this section: | |
2430 | - | (1) The deceased person's spouse, unless such spouse abandoned the | |
2431 | - | deceased person prior to the deceased person's death or has been | |
2432 | - | adjudged incapable by a court of competent jurisdiction; | |
2433 | - | (2) The deceased person's surviving adult children; | |
2434 | - | (3) The deceased person's surviving parents; | |
2435 | - | (4) The deceased person's surviving siblings; | |
2436 | - | (5) Any adult person in the next degree of kinship in the order named | |
2437 | - | by law to inherit the deceased person's estate, provided such adult | |
2438 | - | person shall be of the third degree of kinship or higher; [and] Substitute House Bill No. 5500 | |
2439 | - | ||
2440 | - | Public Act No. 22-58 76 of 100 | |
2441 | - | ||
2442 | - | (6) The Office of the Chief Medical Examiner; and | |
2443 | - | [(6)] (7) Such adult person as the Probate Court shall determine. | |
2444 | - | Sec. 58. Section 17b-131 of the general statutes is repealed and the | |
2445 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
2446 | - | (a) When a person in any town, or sent from such town to any | |
2447 | - | licensed institution or state humane institution, dies or is found dead | |
2448 | - | therein and does not leave sufficient estate and has no legally liable | |
2449 | - | relative able to pay the cost of a proper funeral and burial, or upon the | |
2450 | - | death of any beneficiary under the state-administered general assistance | |
2451 | - | program, the Commissioner of Social Services shall give to such person | |
2452 | - | a proper funeral and burial, and shall pay a sum not exceeding one | |
2453 | - | thousand three hundred fifty dollars as an allowance toward the funeral | |
2454 | - | expenses of such decedent. Said sum shall be paid, upon submission of | |
2455 | - | a proper bill, to the funeral director, cemetery or crematory, as the case | |
2456 | - | may be. Such payment for funeral and burial expenses shall be reduced | |
2457 | - | by (1) the amount in any revocable or irrevocable funeral fund, (2) any | |
2458 | - | prepaid funeral contract, (3) the face value of any life insurance policy | |
2459 | - | owned by the decedent that names a funeral home, cemetery or | |
2460 | - | crematory as a beneficiary, (4) the net value of all liquid assets in the | |
2461 | - | decedent's estate, and (5) contributions in excess of three thousand four | |
2462 | - | hundred dollars toward such funeral and burial expenses from all other | |
2463 | - | sources including friends, relatives and all other persons, organizations, | |
2464 | - | agencies, veterans' programs and other benefit programs . | |
2465 | - | Notwithstanding the provisions of section 17b-90, whenever payment | |
2466 | - | for funeral, burial or cremation expenses is reduced due to liquid assets | |
2467 | - | in the decedent's estate, the commissioner may disclose information | |
2468 | - | concerning such liquid assets to the funeral director, cemetery or | |
2469 | - | crematory providing funeral, burial or cremation services for the | |
2470 | - | decedent. | |
2471 | - | (b) Notwithstanding the provisions of subsection (a) of this section Substitute House Bill No. 5500 | |
2472 | - | ||
2473 | - | Public Act No. 22-58 77 of 100 | |
2474 | - | ||
2475 | - | and section 17b-84, the Commissioner of Social Services shall, upon | |
2476 | - | submission of a proper bill, pay the maximum amount authorized | |
2477 | - | under subsection (a) of this section to a funeral director, cemetery or | |
2478 | - | crematory if the Chief Medical Examiner, or the Chief Medical | |
2479 | - | Examiner's designee, certifies that, after an investigation, the Office of | |
2480 | - | the Chief Medical Examiner was unable to locate any person with a | |
2481 | - | connection to the decedent, including a relative or friend, who was | |
2482 | - | willing to take possession of the decedent's remains, and that the | |
2483 | - | decedent's remains were therefore transferred to such funeral director, | |
2484 | - | cemetery or crematory for disposition. | |
2485 | - | [(b)] (c) The Commissioner of Social Services may adopt regulations, | |
2486 | - | in accordance with chapter 54, to implement the provisions of this | |
2487 | - | section. | |
2488 | - | Sec. 59. Section 19a-401 of the general statutes is repealed and the | |
2489 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
2490 | - | (a) There is established a Commission on Medicolegal Investigations, | |
2491 | - | as an independent administrative commission, consisting of [nine] the | |
2492 | - | Commissioner of Public Health, or the commissioner's designee, and | |
2493 | - | eight members appointed by the Governor as follows: Two full | |
2494 | - | professors of pathology, two full professors of law, a member of the | |
2495 | - | Connecticut Medical Society, a member of the Connecticut Bar | |
2496 | - | Association, and two members of the public. [, selected by the Governor, | |
2497 | - | and the Commissioner of Public Health, or the commissioner's | |
2498 | - | designee.] The Governor shall appoint [the two full professors of | |
2499 | - | pathology and the two full professors of law from a panel of not less | |
2500 | - | than four such professors in the field of medicine and four such | |
2501 | - | professors in the field of law recommended by a committee composed | |
2502 | - | of the deans of the recognized schools and colleges of medicine and of | |
2503 | - | law in the state of Connecticut;] the member of the Connecticut Medical | |
2504 | - | Society from a panel of not less than three members of that society | |
2505 | - | recommended by the council of that society; and the member of the Substitute House Bill No. 5500 | |
2506 | - | ||
2507 | - | Public Act No. 22-58 78 of 100 | |
2508 | - | ||
2509 | - | Connecticut Bar Association from a panel of not less than three members | |
2510 | - | of that association recommended by [the board of governors of] that | |
2511 | - | association. [Initially, one professor of pathology, one professor of law, | |
2512 | - | the member of the Connecticut Medical Society, and one member of the | |
2513 | - | public shall serve for six years and until their successors are appointed, | |
2514 | - | and one professor of pathology, one professor of law, the member of the | |
2515 | - | Connecticut Bar Association and one member of the public shall serve | |
2516 | - | for three years, and until their successors are appointed.] All | |
2517 | - | appointments to full terms [subsequent to the initial appointments] shall | |
2518 | - | be for six years. Vacancies shall be filled for the expiration of the term of | |
2519 | - | the member being replaced. [in the same manner as original | |
2520 | - | appointments.] Members shall be eligible for reappointment. [under the | |
2521 | - | same conditions as are applicable to initial appointments.] The | |
2522 | - | commission shall elect annually one of its members as [chairman] | |
2523 | - | chairperson and one as [vice chairman] vice-chairperson. Members of | |
2524 | - | the commission shall receive no compensation but shall be reimbursed | |
2525 | - | for their actual expenses incurred in service on the commission. The | |
2526 | - | commission shall meet at least once each year and more often as its | |
2527 | - | duties require, upon the request of any two members and shall meet at | |
2528 | - | least once each year with those persons and groups that are affected by | |
2529 | - | commission policies and procedures. The commission shall adopt its | |
2530 | - | own rules for the conduct of its meetings. | |
2531 | - | (b) The commission shall adopt regulations, in accordance with | |
2532 | - | chapter 54, as necessary or appropriate to carry out effectively the | |
2533 | - | administrative provisions of this chapter. | |
2534 | - | Sec. 60. Section 19a-37 of the 2022 supplement to the general statutes | |
2535 | - | is repealed and the following is substituted in lieu thereof (Effective | |
2536 | - | October 1, 2022): | |
2537 | - | (a) As used in this section: | |
2538 | - | (1) "Laboratory or firm" means an environmental laboratory Substitute House Bill No. 5500 | |
2539 | - | ||
2540 | - | Public Act No. 22-58 79 of 100 | |
2541 | - | ||
2542 | - | registered by the Department of Public Health pursuant to section 19a- | |
2543 | - | 29a; | |
2544 | - | (2) "Private well" means a water supply well that meets all of the | |
2545 | - | following criteria: (A) Is not a public well; (B) supplies a residential | |
2546 | - | population of less than twenty-five persons per day; and (C) is owned | |
2547 | - | or controlled through an easement or by the same entity that owns or | |
2548 | - | controls the building or parcel that is served by the water supply well; | |
2549 | - | (3) "Public well" means a water supply well that supplies a public | |
2550 | - | water system; | |
2551 | - | (4) "Semipublic well" means a water supply well that (A) does not | |
2552 | - | meet the definition of a private well or public well, and (B) provides | |
2553 | - | water for drinking and other domestic purposes; and | |
2554 | - | (5) "Water supply well" means an artificial excavation constructed by | |
2555 | - | any method for the purpose of obtaining or providing water for | |
2556 | - | drinking or other domestic, industrial, commercial, agricultural, | |
2557 | - | recreational or irrigation use, or other outdoor water use. | |
2558 | - | (b) (1) The Commissioner of Public Health may adopt regulations, [in | |
2559 | - | the regulations of Connecticut state agencies] in accordance with the | |
2560 | - | provisions of chapter 54, for the preservation of the public health | |
2561 | - | pertaining to [(1)] (A) protection and location of new water supply wells | |
2562 | - | or springs for residential or nonresidential construction or for public or | |
2563 | - | semipublic use, and [(2)] (B) inspection for compliance with the | |
2564 | - | provisions of municipal regulations adopted pursuant to section 22a- | |
2565 | - | 354p. | |
2566 | - | (2) The Commissioner of Public Health shall adopt regulations, in | |
2567 | - | accordance with the provisions of chapter 54, for the testing of water | |
2568 | - | quality in private wells and semipublic wells. | |
2569 | - | (3) The Commissioner of Public Health shall adopt regulations, in Substitute House Bill No. 5500 | |
2570 | - | ||
2571 | - | Public Act No. 22-58 80 of 100 | |
2572 | - | ||
2573 | - | accordance with the provisions of chapter 54, to clarify the criteria under | |
2574 | - | which the commissioner may issue a well permit exception and to | |
2575 | - | describe the terms and conditions that shall be imposed when a well is | |
2576 | - | allowed at a premises that is connected to a public water supply system | |
2577 | - | or whose boundary is located within two hundred feet of an approved | |
2578 | - | community water supply system, measured along a street, alley or | |
2579 | - | easement. Such regulations shall (A) provide for notification of the | |
2580 | - | permit to the public water supplier, (B) address the (i) quality of the | |
2581 | - | water supplied from the well, (ii) means and extent to which the well | |
2582 | - | shall not be interconnected with the public water supply, (iii) need for a | |
2583 | - | physical separation and the installation of a reduced pressure device for | |
2584 | - | backflow prevention, and (iv) inspection and testing requirements of | |
2585 | - | any such reduced pressure device, and (C) identify the extent and | |
2586 | - | frequency of water quality testing required for the well supply. | |
2587 | - | (c) (1) [The Commissioner of Public Health shall adopt regulations, in | |
2588 | - | accordance with chapter 54, for the testing of water quality in private | |
2589 | - | wells and semipublic wells.] Any laboratory or firm which conducts a | |
2590 | - | water quality test on a private well serving a residential property or | |
2591 | - | semipublic well shall, not later than thirty days after the completion of | |
2592 | - | such test, report the results of such test to [(1)] (A) the public health | |
2593 | - | authority of the municipality where the property is located, and [(2)] (B) | |
2594 | - | the Department of Public Health in a format specified by the | |
2595 | - | department. [, provided such report shall only be required if the party | |
2596 | - | for whom the laboratory or firm conducted such test informs the | |
2597 | - | laboratory or firm identified on the chain of custody documentation | |
2598 | - | submitted with the test samples that the test was conducted in | |
2599 | - | connection with the sale of such property. No regulation may require | |
2600 | - | such a test to be conducted as a consequence or a condition of the sale, | |
2601 | - | exchange, transfer, purchase or rental of the real property on which the | |
2602 | - | private well or semipublic well is located.] Results submitted to the | |
2603 | - | Department of Public Health or the local health authority pursuant to | |
2604 | - | this subsection, information obtained from any Department of Public Substitute House Bill No. 5500 | |
2605 | - | ||
2606 | - | Public Act No. 22-58 81 of 100 | |
2607 | - | ||
2608 | - | Health or local health authority investigation regarding those results | |
2609 | - | and any Department of Public Health or local health authority study of | |
2610 | - | morbidity and mortality regarding the results shall be confidential | |
2611 | - | pursuant to section 19a-25. | |
2612 | - | (2) On and after October 1, 2022, the owner of each newly constructed | |
2613 | - | private well or semipublic well shall test the water quality of such well. | |
2614 | - | Such test shall be performed by a laboratory and include, but need not | |
2615 | - | be limited to, testing for coliform, nitrate, nitrite, sodium, chloride, iron, | |
2616 | - | lead, manganese, hardness, turbidity, pH, sulfate, apparent color, odor, | |
2617 | - | arsenic and uranium. The owner shall submit test results to the | |
2618 | - | Department of Public Health in a form and manner prescribed by the | |
2619 | - | Commissioner of Public Health. | |
2620 | - | (d) Prior to the sale, exchange, purchase, transfer or rental of real | |
2621 | - | property on which a private or semipublic well is located, the owner | |
2622 | - | shall provide the buyer or tenant notice that educational material | |
2623 | - | concerning private well testing is available on the Department of Public | |
2624 | - | Health web site. If the prospective buyer or tenant has hired a real estate | |
2625 | - | licensee to facilitate the property transaction, such real estate licensee, | |
2626 | - | or, if the prospective buyer or tenant has not hired a real estate licensee, | |
2627 | - | the owner, landlord or closing attorney shall provide to the buyer or | |
2628 | - | tenant an electronic or hard copy of educational material prepared by | |
2629 | - | the Department of Public Health that recommends testing for the | |
2630 | - | contaminants listed in subsection (c) of this section and any other | |
2631 | - | recommendation concerning well testing that the Department of Public | |
2632 | - | Health deems necessary. Failure to provide such notice or educational | |
2633 | - | material shall not invalidate any sale, exchange, purchase, transfer or | |
2634 | - | rental of real property. If the seller or landlord provides such notice or | |
2635 | - | educational material in writing, the seller or landlord and any real estate | |
2636 | - | licensee shall be deemed to have fully satisfied any duty to notify the | |
2637 | - | buyer or tenant. [that the subject real property is located in an area for | |
2638 | - | which there are reasonable grounds for testing under subsection (g) or Substitute House Bill No. 5500 | |
2639 | - | ||
2640 | - | Public Act No. 22-58 82 of 100 | |
2641 | - | ||
2642 | - | (j) of this section.] | |
2643 | - | [(e) The Commissioner of Public Health shall adopt regulations, in | |
2644 | - | accordance with chapter 54, to clarify the criteria under which the | |
2645 | - | commissioner may issue a well permit exception and to describe the | |
2646 | - | terms and conditions that shall be imposed when a well is allowed at a | |
2647 | - | premises (1) that is connected to a public water supply system, or (2) | |
2648 | - | whose boundary is located within two hundred feet of an approved | |
2649 | - | community water supply system, measured along a street, alley or | |
2650 | - | easement. Such regulations shall (A) provide for notification of the | |
2651 | - | permit to the public water supplier, (B) address the quality of the water | |
2652 | - | supplied from the well, the means and extent to which the well shall not | |
2653 | - | be interconnected with the public water supply, the need for a physical | |
2654 | - | separation, and the installation of a reduced pressure device for | |
2655 | - | backflow prevention, the inspection and testing requirements of any | |
2656 | - | such reduced pressure device, and (C) identify the extent and frequency | |
2657 | - | of water quality testing required for the well supply.] | |
2658 | - | [(f)] (e) No regulation may require that a certificate of occupancy for | |
2659 | - | a dwelling unit on such residential property be withheld or revoked on | |
2660 | - | the basis of a water quality test performed on a private well pursuant to | |
2661 | - | this section, unless such test results indicate that any maximum | |
2662 | - | contaminant level applicable to public water supply systems for any | |
2663 | - | contaminant listed in the regulations of Connecticut state agencies has | |
2664 | - | been exceeded. No administrative agency, health district or municipal | |
2665 | - | health officer may withhold or cause to be withheld such a certificate of | |
2666 | - | occupancy except as provided in this section. | |
2667 | - | [(g)] (f) (1) The local director of health may require a private well or | |
2668 | - | semipublic well to be tested for arsenic, radium, uranium, radon or | |
2669 | - | gross alpha emitters, when there are reasonable grounds to suspect that | |
2670 | - | such contaminants are present in the groundwater. For purposes of this | |
2671 | - | subsection, "reasonable grounds" means [(1)] (A) the existence of a | |
2672 | - | geological area known to have naturally occurring arsenic, radium, Substitute House Bill No. 5500 | |
2673 | - | ||
2674 | - | Public Act No. 22-58 83 of 100 | |
2675 | - | ||
2676 | - | uranium, radon or gross alpha emitter deposits in the bedrock; or [(2)] | |
2677 | - | (B) the well is located in an area in which it is known that arsenic, | |
2678 | - | radium, uranium, radon or gross alpha emitters are present in the | |
2679 | - | groundwater. | |
2680 | - | (2) The local director of health may require a private well or | |
2681 | - | semipublic well to be tested for pesticides, herbicides or organic | |
2682 | - | chemicals when there are reasonable grounds to suspect that any such | |
2683 | - | contaminants might be present in the groundwater. For purposes of this | |
2684 | - | subsection, "reasonable grounds" means (A) the presence of nitrate- | |
2685 | - | nitrogen in the groundwater at a concentration greater than ten | |
2686 | - | milligrams per liter, or (B) that the private well or semipublic well is | |
2687 | - | located on land, or in proximity to land, associated with the past or | |
2688 | - | present production, storage, use or disposal of organic chemicals as | |
2689 | - | identified in any public record. | |
2690 | - | [(h)] (g) Except as provided in subsection [(i)] (h) of this section, the | |
2691 | - | collection of samples for determining the water quality of private wells | |
2692 | - | and semipublic wells may be made only by (1) employees of a | |
2693 | - | laboratory or firm certified or approved by the Department of Public | |
2694 | - | Health to test drinking water, if such employees have been trained in | |
2695 | - | sample collection techniques, (2) certified water operators, (3) local | |
2696 | - | health departments and state employees trained in sample collection | |
2697 | - | techniques, or (4) individuals with training and experience that the | |
2698 | - | Department of Public Health deems sufficient. | |
2699 | - | [(i)] (h) Any owner of a residential construction, including, but not | |
2700 | - | limited to, a homeowner, on which a private well is located or any | |
2701 | - | general contractor of a new residential construction on which a private | |
2702 | - | well is located may collect samples of well water for submission to a | |
2703 | - | laboratory or firm for the purposes of testing water quality pursuant to | |
2704 | - | this section, provided (1) such laboratory or firm has provided | |
2705 | - | instructions to said owner or general contractor on how to collect such | |
2706 | - | samples, and (2) such owner or general contractor is identified to the Substitute House Bill No. 5500 | |
2707 | - | ||
2708 | - | Public Act No. 22-58 84 of 100 | |
2709 | - | ||
2710 | - | subsequent owner on a form to be prescribed by the Department of | |
2711 | - | Public Health. No regulation may prohibit or impede such collection or | |
2712 | - | analysis. | |
2713 | - | [(j) The local director of health may require private wells and | |
2714 | - | semipublic wells to be tested for pesticides, herbicides or organic | |
2715 | - | chemicals when there are reasonable grounds to suspect that any such | |
2716 | - | contaminants might be present in the groundwater. For purposes of this | |
2717 | - | subsection, "reasonable grounds" means (1) the presence of nitrate- | |
2718 | - | nitrogen in the groundwater at a concentration greater than ten | |
2719 | - | milligrams per liter, or (2) that the private well or semipublic well is | |
2720 | - | located on land, or in proximity to land, associated with the past or | |
2721 | - | present production, storage, use or disposal of organic chemicals as | |
2722 | - | identified in any public record.] | |
2723 | - | [(k)] (i) Any water transported in bulk by any means to a premises | |
2724 | - | currently supplied by a private well or semipublic well where the water | |
2725 | - | is to be used for purposes of drinking or domestic use shall be provided | |
2726 | - | by a bulk water hauler licensed pursuant to section 20-278h. No bulk | |
2727 | - | water hauler shall deliver water without first notifying the owner of the | |
2728 | - | premises of such delivery. Bulk water hauling to a premises currently | |
2729 | - | supplied by a private well or semipublic well shall be permitted only as | |
2730 | - | a temporary measure to alleviate a water supply shortage. | |
2731 | - | Sec. 61. Subsection (i) of section 19a-180 of the 2022 supplement to the | |
2732 | - | general statutes is repealed and the following is substituted in lieu | |
2733 | - | thereof (Effective October 1, 2022): | |
2734 | - | (i) Notwithstanding the provisions of subsection (a) of this section, | |
2735 | - | any [volunteer, hospital-based or municipal ambulance service or any | |
2736 | - | ambulance service or paramedic intercept service operated and | |
2737 | - | maintained by a state agency] emergency medical services organization | |
2738 | - | that is licensed or certified and is a primary service area responder may | |
2739 | - | apply to the commissioner to add one emergency vehicle to its existing Substitute House Bill No. 5500 | |
2740 | - | ||
2741 | - | Public Act No. 22-58 85 of 100 | |
2742 | - | ||
2743 | - | fleet every three years, on a short form application prescribed by the | |
2744 | - | commissioner. No such [volunteer, hospital-based or municipal | |
2745 | - | ambulance service or any ambulance service or paramedic intercept | |
2746 | - | service] emergency medical services organization operated and | |
2747 | - | maintained by a state agency may add more than one emergency vehicle | |
2748 | - | to its existing fleet pursuant to this subsection regardless of the number | |
2749 | - | of municipalities served by such volunteer, hospital-based or municipal | |
2750 | - | ambulance service. Upon making such application, the applicant shall | |
2751 | - | notify in writing all other primary service area responders in any | |
2752 | - | municipality or abutting municipality in which the applicant proposes | |
2753 | - | to add the additional emergency vehicle. Except in the case where a | |
2754 | - | primary service area responder entitled to receive notification of such | |
2755 | - | application objects, in writing, to the commissioner not later than fifteen | |
2756 | - | calendar days after receiving such notice, the application shall be | |
2757 | - | deemed approved thirty calendar days after filing. If any such primary | |
2758 | - | service area responder files an objection with the commissioner within | |
2759 | - | the fifteen-calendar-day time period and requests a hearing, the | |
2760 | - | applicant shall be required to demonstrate need at a public hearing as | |
2761 | - | required under subsection (a) of this section. | |
2762 | - | Sec. 62. (Effective from passage) Not later than July 1, 2022, the | |
2763 | - | Commissioner of Public Health shall convene a working group of | |
2764 | - | representatives of hospitals, nursing homes and water companies for | |
2765 | - | the purpose of identifying issues, evaluating data, determining | |
2766 | - | appropriate action timelines and developing solutions regarding the | |
2767 | - | prevention and mitigation of legionella in hospitals, nursing homes and | |
2768 | - | other health care facilities. Not later than December 31, 2022, the | |
2769 | - | Commissioner of Public Health shall report, in accordance with section | |
2770 | - | 11-4a of the general statutes, to the joint standing committee of the | |
2771 | - | General Assembly having cognizance of matters relating to public | |
2772 | - | health on the efforts of such working group and its recommendations | |
2773 | - | for legislation, regulations or other changes concerning the prevention | |
2774 | - | and mitigation of legionella in hospitals, nursing homes and other Substitute House Bill No. 5500 | |
2775 | - | ||
2776 | - | Public Act No. 22-58 86 of 100 | |
2777 | - | ||
2778 | - | health care facilities. The working group shall terminate on the date it | |
2779 | - | submits such report or December 31, 2022, whichever is earlier. | |
2780 | - | Sec. 63. Section 19a-903b of the general statutes is repealed and the | |
2781 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
2782 | - | A hospital, as defined in section 19a-490b, may designate any | |
2783 | - | licensed health care provider and any certified ultrasound or nuclear | |
2784 | - | medicine, or polysomnographic technologist to perform the following | |
2785 | - | oxygen-related patient care activities in a hospital: (1) Connecting or | |
2786 | - | disconnecting oxygen supply; (2) transporting a portable oxygen source; | |
2787 | - | (3) connecting, disconnecting or adjusting the mask, tubes and other | |
2788 | - | patient oxygen delivery apparatus; and (4) adjusting the rate or flow of | |
2789 | - | oxygen consistent with a medical order. Such provider or technologist | |
2790 | - | may perform such activities only to the extent permitted by hospital | |
2791 | - | policies and procedures, including bylaws, rules and regulations | |
2792 | - | applicable to the medical staff. A hospital shall document that each | |
2793 | - | person designated to perform oxygen-related patient care activities has | |
2794 | - | been properly trained, either through such person's professional | |
2795 | - | education or through training provided by the hospital. In addition, a | |
2796 | - | hospital shall require that such person satisfy annual competency | |
2797 | - | testing. Nothing in this section shall be construed to prohibit a hospital | |
2798 | - | from designating persons who are authorized to transport a patient with | |
2799 | - | a portable oxygen source. The provisions of this section shall not apply | |
2800 | - | to any type of ventilator, continuous positive airway pressure or bi-level | |
2801 | - | positive airway pressure units or any other noninvasive positive | |
2802 | - | pressure ventilation. | |
2803 | - | Sec. 64. Section 17a-52 of the general statutes is repealed and the | |
2804 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
2805 | - | (a) There is established a [Youth] Connecticut Suicide Advisory | |
2806 | - | Board, within the Department of Children and Families, which shall be | |
2807 | - | a coordinating source for suicide prevention across a person's lifespan, Substitute House Bill No. 5500 | |
2808 | - | ||
2809 | - | Public Act No. 22-58 87 of 100 | |
2810 | - | ||
2811 | - | including, but not limited to, youth suicide prevention. The board [shall | |
2812 | - | consist of twenty members, which shall include] may include (1) | |
2813 | - | representatives from suicide prevention foundations, youth-serving | |
2814 | - | organizations, law enforcement agencies, religious or fraternal | |
2815 | - | organizations, civic or volunteer groups, state and local government | |
2816 | - | agencies, tribal governments or organizations, health care providers or | |
2817 | - | local organizations with expertise in the mental health of children or | |
2818 | - | adults or mental health issues with a focus on suicide prevention, (2) | |
2819 | - | one psychiatrist licensed to practice medicine in this state, (3) one | |
2820 | - | psychologist licensed in this state, (4) one representative of a local or | |
2821 | - | regional board of education, (5) one high school teacher, (6) one high | |
2822 | - | school student, (7) one college or university faculty member, (8) one | |
2823 | - | college or university student, [and] (9) one parent, and (10) a person | |
2824 | - | who has experienced suicide ideation or loss, all appointed by the | |
2825 | - | Commissioner of Children and Families. [,] The board shall include one | |
2826 | - | representative of the Department of Public Health appointed by the | |
2827 | - | Commissioner of Public Health, one representative of the state | |
2828 | - | Department of Education appointed by the Commissioner of Education | |
2829 | - | and one representative of the Board of Regents for Higher Education | |
2830 | - | appointed by the president of the Connecticut State Colleges and | |
2831 | - | Universities. [The balance of the board shall be comprised of persons | |
2832 | - | with expertise in the mental health of children or mental health issues | |
2833 | - | with a focus on suicide prevention and shall be appointed by the | |
2834 | - | Commissioner of Children and Families. Members of the board shall | |
2835 | - | serve for two-year terms, without compensation. Any member who fails | |
2836 | - | to attend three consecutive meetings or fifty per cent of all meetings held | |
2837 | - | during any calendar year shall be deemed to have resigned from the | |
2838 | - | board. The Commissioner] The Commissioners of Children and | |
2839 | - | Families and Mental Health and Addiction Services, or the | |
2840 | - | commissioners' designees, shall [be a nonvoting, ex-officio member of | |
2841 | - | the board. The board shall elect a chairman, and a vice-chairman to act | |
2842 | - | in the chairman's absence] serve as cochairpersons of the board and may | |
2843 | - | appoint a representative of a local organization with expertise in mental Substitute House Bill No. 5500 | |
2844 | - | ||
2845 | - | Public Act No. 22-58 88 of 100 | |
2846 | - | ||
2847 | - | health or a suicide prevention foundation to serve as a third | |
2848 | - | cochairperson of the board. The board may adopt bylaws to govern it | |
2849 | - | and its meetings. | |
2850 | - | (b) The board shall: (1) Increase public awareness of the existence of | |
2851 | - | [youth] suicide and means of suicide prevention across a person's | |
2852 | - | lifespan; (2) make recommendations to the [commissioner] | |
2853 | - | Commissioners of Children and Families and Mental Health and | |
2854 | - | Addiction Services for the development of state-wide training in the | |
2855 | - | prevention of [youth] suicide; (3) develop a state-wide strategic [youth] | |
2856 | - | suicide prevention plan; (4) recommend interagency policies and | |
2857 | - | procedures for the coordination of services [for youths and families] in | |
2858 | - | the area of suicide prevention, intervention and response; (5) make | |
2859 | - | recommendations for the establishment and implementation of suicide | |
2860 | - | prevention, intervention and response procedures in schools and | |
2861 | - | communities; (6) establish a coordinated system for the utilization of | |
2862 | - | data for the prevention of [youth] suicide; (7) make recommendations | |
2863 | - | concerning the integration of suicide prevention and intervention | |
2864 | - | strategies into [other] youth-focused prevention and intervention | |
2865 | - | programs; and (8) periodically offer, within available appropriations, | |
2866 | - | [youth] suicide prevention training and education for health care and | |
2867 | - | behavioral health care providers, school employees, faculty members of | |
2868 | - | institutions of higher education and other persons who provide services | |
2869 | - | to children, [young] adults and families. | |
2870 | - | Sec. 65. Subsection (b) of section 20-10b of the general statutes is | |
2871 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
2872 | - | 2022): | |
2873 | - | (b) Except as otherwise provided in subsections (d), (e) and (f) of this | |
2874 | - | section, a licensee applying for license renewal shall earn a minimum of | |
2875 | - | fifty contact hours of continuing medical education within the | |
2876 | - | preceding twenty-four-month period. Such continuing medical | |
2877 | - | education shall (1) be in an area of the physician's practice; (2) reflect the Substitute House Bill No. 5500 | |
2878 | - | ||
2879 | - | Public Act No. 22-58 89 of 100 | |
2880 | - | ||
2881 | - | professional needs of the licensee in order to meet the health care needs | |
2882 | - | of the public; and (3) during the first renewal period in which continuing | |
2883 | - | medical education is required and not less than once every six years | |
2884 | - | thereafter, include at least one contact hour of training or education in | |
2885 | - | each of the following topics: (A) Infectious diseases, including, but not | |
2886 | - | limited to, acquired immune deficiency syndrome and human | |
2887 | - | immunodeficiency virus, (B) risk management, including, but not | |
2888 | - | limited to, prescribing controlled substances and pain management, | |
2889 | - | and, for registration periods beginning on or after October 1, 2019, such | |
2890 | - | risk management continuing medical education may also include | |
2891 | - | screening for inflammatory breast cancer and gastrointestinal cancers, | |
2892 | - | including colon, gastric, pancreatic and neuroendocrine cancers and | |
2893 | - | other rare gastrointestinal tumors, (C) sexual assault, (D) domestic | |
2894 | - | violence, (E) cultural competency, and (F) behavioral health, provided | |
2895 | - | further that on and after January 1, 2016, such behavioral health | |
2896 | - | continuing medical education may include, but not be limited to, at least | |
2897 | - | two contact hours of training or education during the first renewal | |
2898 | - | period in which continuing education is required and not less than once | |
2899 | - | every six years thereafter, on (i) suicide prevention, or (ii) diagnosing | |
2900 | - | and treating [(i)] (I) cognitive conditions, including, but not limited to, | |
2901 | - | Alzheimer's disease, dementia, delirium, related cognitive impairments | |
2902 | - | and geriatric depression, or [(ii)] (II) mental health conditions, | |
2903 | - | including, but not limited to, mental health conditions common to | |
2904 | - | veterans and family members of veterans. Training for mental health | |
2905 | - | conditions common to veterans and family members of veterans shall | |
2906 | - | include best practices for [(I)] determining whether a patient is a veteran | |
2907 | - | or family member of a veteran, [(II)] screening for conditions such as | |
2908 | - | post-traumatic stress disorder, risk of suicide, depression and grief, and | |
2909 | - | [(III)] suicide prevention training. For purposes of this section, | |
2910 | - | qualifying continuing medical education activities include, but are not | |
2911 | - | limited to, courses offered or approved by the American Medical | |
2912 | - | Association, American Osteopathic Association, Connecticut Hospital | |
2913 | - | Association, Connecticut State Medical Society, Connecticut Substitute House Bill No. 5500 | |
2914 | - | ||
2915 | - | Public Act No. 22-58 90 of 100 | |
2916 | - | ||
2917 | - | Osteopathic Medical Society, county medical societies or equivalent | |
2918 | - | organizations in another jurisdiction, educational offerings sponsored | |
2919 | - | by a hospital or other health care institution or courses offered by a | |
2920 | - | regionally accredited academic institution or a state or local health | |
2921 | - | department. The commissioner, or the commissioner's designee, may | |
2922 | - | grant a waiver for not more than ten contact hours of continuing medical | |
2923 | - | education for a physician who [: (I) Engages] engages in activities | |
2924 | - | related to the physician's service as a member of the Connecticut | |
2925 | - | Medical Examining Board, established pursuant to section 20-8a, [; (II)] | |
2926 | - | engages in activities related to the physician's service as a member of a | |
2927 | - | medical hearing panel, pursuant to section 20-8a, [; or (III)] or assists the | |
2928 | - | department with its duties to boards and commissions as described in | |
2929 | - | section 19a-14. | |
2930 | - | Sec. 66. Subdivision (6) of subsection (b) of section 10-222q of the | |
2931 | - | general statutes is repealed and the following is substituted in lieu | |
2932 | - | thereof (Effective July 1, 2022): | |
2933 | - | (6) Three appointed by the minority leader of the Senate, one of | |
2934 | - | whom is a representative of the Connecticut Education Association; one | |
2935 | - | of whom is a representative of the National Alliance on Mental Illness, | |
2936 | - | Connecticut; and one of whom is a representative of the [Youth] | |
2937 | - | Connecticut Suicide Advisory Board established pursuant to section | |
2938 | - | 17a-52, as amended by this act; | |
2939 | - | Sec. 67. (NEW) (Effective July 1, 2022) (a) As used in this section: | |
2940 | - | (1) "Hospital" means an establishment licensed pursuant to chapter | |
2941 | - | 368v of the general statutes for the lodging, care and treatment of | |
2942 | - | persons suffering from disease or other abnormal physical or mental | |
2943 | - | conditions; | |
2944 | - | (2) "Outpatient surgical facility" means any entity, individual, firm, | |
2945 | - | partnership, corporation, limited liability company or association, other Substitute House Bill No. 5500 | |
2946 | - | ||
2947 | - | Public Act No. 22-58 91 of 100 | |
2948 | - | ||
2949 | - | than a hospital, licensed pursuant to chapter 368v of the general statutes | |
2950 | - | to engage in providing surgical services or diagnostic procedures for | |
2951 | - | human health conditions that include the use of moderate or deep | |
2952 | - | sedation, moderate or deep analgesia or general anesthesia, as such | |
2953 | - | levels of anesthesia are defined from time to time by the American | |
2954 | - | Society of Anesthesiologists, or by such other professional or accrediting | |
2955 | - | entity recognized by the Department of Public Health; | |
2956 | - | (3) "Surgical smoke" means the by-product of the use of an energy- | |
2957 | - | generating device during surgery, including, but not limited to, surgical | |
2958 | - | plume, smoke plume, bioaerosols, laser -generated airborne | |
2959 | - | contaminants and lung-damaging dust. "Surgical smoke" does not | |
2960 | - | include the by-product of the use of an energy-generating device during | |
2961 | - | a gastroenterological or ophthalmic procedure, which by-product is not | |
2962 | - | emitted into the operating room during surgery; and | |
2963 | - | (4) "Surgical smoke evacuation system" means a system, including, | |
2964 | - | but not limited to, a smoke evacuator, laser plume evacuator or local | |
2965 | - | exhaust ventilator that captures and neutralizes surgical smoke (A) at | |
2966 | - | the site of origin of such surgical smoke, and (B) before the surgical | |
2967 | - | smoke makes contact with the eyes or respiratory tract of any person in | |
2968 | - | an operating room during surgery. | |
2969 | - | (b) Not later than January 1, 2024, each hospital and outpatient | |
2970 | - | surgical facility shall develop a policy for the use of a surgical smoke | |
2971 | - | evacuation system to prevent a person's exposure to surgical smoke. | |
2972 | - | Not later than January 1, 2024, each hospital and outpatient facility shall | |
2973 | - | implement such policy and, upon request, provide a copy of such policy | |
2974 | - | to the Department of Public Health. | |
2975 | - | Sec. 68. Section 19a-7o of the general statutes is repealed and the | |
2976 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
2977 | - | (a) For purposes of this section: Substitute House Bill No. 5500 | |
2978 | - | ||
2979 | - | Public Act No. 22-58 92 of 100 | |
2980 | - | ||
2981 | - | (1) "Hepatitis C screening test" means a laboratory test that detects | |
2982 | - | the presence of hepatitis C virus antibodies in the blood; | |
2983 | - | (2) "Hepatitis C diagnostic test" means a laboratory test that detects | |
2984 | - | the presence of hepatitis C virus in the blood and provides confirmation | |
2985 | - | of whether the person whose blood is being tested has a hepatitis C virus | |
2986 | - | infection; | |
2987 | - | (3) "HIV infection" means infection with the human | |
2988 | - | immunodeficiency virus or any other related virus identified as a | |
2989 | - | probable causative agent of acquired immune deficiency syndrome, as | |
2990 | - | defined by the Centers for Disease Control of the United States Public | |
2991 | - | Health Service; | |
2992 | - | (4) "HIV–related test" means any laboratory test or series of tests for | |
2993 | - | any virus, antibody, antigen or etiologic agent whatsoever thought to | |
2994 | - | cause or indicate the presence of HIV infection; | |
2995 | - | [(3)] (5) "Primary care provider" means a physician, advanced | |
2996 | - | practice registered nurse or physician assistant who provides primary | |
2997 | - | care services and is licensed by the Department of Public Health | |
2998 | - | pursuant to title 20; and | |
2999 | - | [(4)] (6) "Primary care" means the medical fields of family medicine, | |
3000 | - | general pediatrics, primary care, internal medicine, primary care | |
3001 | - | obstetrics or primary care gynecology, without regard to board | |
3002 | - | certification. | |
3003 | - | (b) [On and after October 1, 2014, a] A primary care provider shall | |
3004 | - | offer to provide to, or order for, each patient who was born between | |
3005 | - | 1945 to 1965, inclusive, a hepatitis C screening test or hepatitis C | |
3006 | - | diagnostic test at the time the primary care provider provides services | |
3007 | - | to such patient, except a primary care provider is not required to offer | |
3008 | - | to provide to, or order for, such patient a hepatitis C screening test or | |
3009 | - | hepatitis C diagnostic test when the primary care provider reasonably Substitute House Bill No. 5500 | |
3010 | - | ||
3011 | - | Public Act No. 22-58 93 of 100 | |
3012 | - | ||
3013 | - | believes: (1) Such patient is being treated for a life-threatening | |
3014 | - | emergency; (2) such patient has previously been offered or has received | |
3015 | - | a hepatitis C screening test; or (3) such patient lacks the capacity to | |
3016 | - | consent to a hepatitis C screening test. | |
3017 | - | (c) On and after January 1, 2023, a primary care provider, or such | |
3018 | - | provider's designee, shall offer to provide to, order for, or arrange for | |
3019 | - | the order for, each patient who is thirteen years of age or older, an HIV- | |
3020 | - | related test, except a primary care provider, or such provider's designee, | |
3021 | - | is not required to offer to provide to, or order for, such patient an HIV- | |
3022 | - | related test when the primary care provider reasonably believes: (1) | |
3023 | - | Such patient is being treated for a life-threatening emergency; (2) such | |
3024 | - | patient has previously been offered or has received an HIV-related test; | |
3025 | - | or (3) such patient lacks the capacity to consent to an HIV-related test. | |
3026 | - | The primary care provider, or such provider's designee, shall comply | |
3027 | - | with all requirements concerning HIV-related testing and HIV-related | |
3028 | - | information prescribed in chapter 368x. | |
3029 | - | Sec. 69. (NEW) (Effective October 1, 2022) (a) On and after January 1, | |
3030 | - | 2024, an employee or a staff member of a hospital licensed under chapter | |
3031 | - | 386v of the general statutes who is treating a patient thirteen years of | |
3032 | - | age or older in the emergency department shall offer the patient an HIV- | |
3033 | - | related test unless the employee or staff member documents that any of | |
3034 | - | the following conditions have been met: (1) The patient is being treated | |
3035 | - | for a life-threatening emergency; (2) the patient received an HIV-related | |
3036 | - | test in the preceding year; (3) the patient lacks the capacity to provide | |
3037 | - | general consent to the HIV-related test as required under subsection (a) | |
3038 | - | of section 19a-582 of the general statutes; or (4) the patient declines the | |
3039 | - | HIV-related test. Any hospital employee or staff member offering an | |
3040 | - | HIV-related test under this subsection shall comply with all | |
3041 | - | requirements concerning HIV-testing and HIV-related information | |
3042 | - | prescribed in chapter 368x of the general statutes. | |
3043 | - | (b) Prior to January 1, 2024, each hospital shall develop protocols, in Substitute House Bill No. 5500 | |
3044 | - | ||
3045 | - | Public Act No. 22-58 94 of 100 | |
3046 | - | ||
3047 | - | accordance with the provisions of section 19a-582 of the general statutes, | |
3048 | - | for implementing the HIV-related testing required under subsection (a) | |
3049 | - | of this section, including, but not limited to, the following: (1) Offering | |
3050 | - | and providing such testing to a patient and notifying the patient of the | |
3051 | - | results of such testing; (2) tracking and documenting the number of | |
3052 | - | HIV-related tests that were performed, the number of HIV-related tests | |
3053 | - | that were declined, and the results of the HIV-related tests; (3) reporting | |
3054 | - | of positive HIV-related test results to the Department of Public Health | |
3055 | - | pursuant to section 19a-215 of the general statutes, as amended by this | |
3056 | - | act; and (4) referring patients who test positive for the human | |
3057 | - | immunodeficiency virus to an appropriate health care provider for | |
3058 | - | treatment of such virus. A hospital may collaborate with a municipal | |
3059 | - | health department, district department of health, regional mental health | |
3060 | - | board, emergency medical services council or community organization | |
3061 | - | in developing and implementing such protocols. | |
3062 | - | Sec. 70. (Effective from passage) The Commissioner of Public Health | |
3063 | - | shall conduct a review of statutes and regulations pertaining to, or | |
3064 | - | otherwise impacting, the practice of plasmapheresis, clinical | |
3065 | - | laboratories, and blood donation centers in the state. For purposes of | |
3066 | - | such review, the commissioner shall (1) consult clinical laboratories, | |
3067 | - | businesses and nonprofit organizations with expertise in the practice of | |
3068 | - | clinical laboratory operations and facilities, plasmapheresis and blood | |
3069 | - | collection, and (2) review the federal regulations governing the practice | |
3070 | - | of plasmapheresis and blood collections. Not later than January 1, 2023, | |
3071 | - | the commissioner shall report, in accordance with the provisions of | |
3072 | - | section 11-4a of the general statutes, regarding such review and make | |
3073 | - | recommendations regarding how the state may better align with federal | |
3074 | - | requirements for clinical laboratories, plasmapheresis and blood | |
3075 | - | collection while maintaining a high level of donor safety. | |
3076 | - | Sec. 71. Subsection (g) of section 17b-451 of the 2022 supplement to | |
3077 | - | the general statutes, as amended by section 12 of public act 22-57, is Substitute House Bill No. 5500 | |
3078 | - | ||
3079 | - | Public Act No. 22-58 95 of 100 | |
3080 | - | ||
3081 | - | repealed and the following is substituted in lieu thereof (Effective from | |
3082 | - | passage): | |
3083 | - | (g) The Commissioner of Social Services shall develop an educational | |
3084 | - | training program to promote and encourage the accurate and prompt | |
3085 | - | identification and reporting of abuse, neglect, exploitation and | |
3086 | - | abandonment of elderly persons. Such training program shall be made | |
3087 | - | available on the Internet web site of the Department of Social Services | |
3088 | - | to mandatory reporters and other interested persons. The commissioner | |
3089 | - | shall also make such training available in person or otherwise at various | |
3090 | - | times and locations throughout the state as determined by the | |
3091 | - | commissioner. Except for a mandatory reporter who has received | |
3092 | - | training from an institution, organization, agency or facility required to | |
3093 | - | provide such training pursuant to subsection (a) of this section, a | |
3094 | - | mandatory reporter shall complete the educational training program | |
3095 | - | developed by the commissioner, or an alternate program approved by | |
3096 | - | the commissioner, not later than [December 31, 2022] June 30, 2023, or | |
3097 | - | not later than ninety days after becoming a mandatory reporter. | |
3098 | - | Sec. 72. Subsection (i) of section 17a-412 of the 2022 supplement to the | |
3099 | - | general statutes, as amended by section 13 of public act 22-57, is | |
3100 | - | repealed and the following is substituted in lieu thereof (Effective from | |
3101 | - | passage): | |
3102 | - | (i) Any person required to report suspected abuse, neglect, | |
3103 | - | exploitation or abandonment pursuant to subsection (a) of this section | |
3104 | - | shall complete the educational training program provided by the | |
3105 | - | Commissioner of Social Services pursuant to subsection (g) of section | |
3106 | - | 17b-451, as amended by [this act] public act 22-57, or an alternate | |
3107 | - | program approved by the commissioner, not later than [December 31, | |
3108 | - | 2022] June 30, 2023, or not later than ninety days after beginning | |
3109 | - | employment as a person required to report suspected abuse, neglect, | |
3110 | - | exploitation or abandonment pursuant to subsection (a) of this section. Substitute House Bill No. 5500 | |
3111 | - | ||
3112 | - | Public Act No. 22-58 96 of 100 | |
3113 | - | ||
3114 | - | Sec. 73. (NEW) (Effective from passage) (a) As used in this section: (1) | |
3115 | - | "Health care facility" means a hospital or an outpatient clinic, as such | |
3116 | - | terms are defined in section 19a-490 of the general statutes, a long-term | |
3117 | - | care facility, as defined in section 17a-405 of the general statutes, and a | |
3118 | - | hospice facility, licensed pursuant to section 19a-122b of the general | |
3119 | - | statutes; and (2) "medical diagnostic equipment" means (A) an | |
3120 | - | examination table, (B) an examination chair, (C) a weight scale, (D) | |
3121 | - | mammography equipment, and (E) x -ray, imaging and other | |
3122 | - | radiological diagnostic equipment. | |
3123 | - | (b) On and after January 1, 2023, each health care facility shall take | |
3124 | - | into consideration the technical standards for accessibility developed by | |
3125 | - | the federal Architectural and Transportation Barriers Compliance Board | |
3126 | - | in accordance with Section 4203 of the Patient Protection and Affordable | |
3127 | - | Care Act, P.L. 111-148, as amended from time to time, when purchasing | |
3128 | - | medical diagnostic equipment. | |
3129 | - | (c) Not later than December 1, 2022, and annually thereafter, the | |
3130 | - | Commissioner of Public Health shall notify each health care facility, | |
3131 | - | physician licensed pursuant to chapter 370 of the general statutes, | |
3132 | - | physician assistant licensed pursuant to chapter 370 of the general | |
3133 | - | statutes and advanced practice registered nurse licensed pursuant to | |
3134 | - | chapter 378 of the general statutes, of information pertaining to the | |
3135 | - | provision of health care to individuals with accessibility needs, | |
3136 | - | including, but not limited to, the technical standards for accessibility | |
3137 | - | developed by the federal Architectural and Transportation Barriers | |
3138 | - | Compliance Board in accordance with Section 4203 of the Patient | |
3139 | - | Protection and Affordable Care Act, P.L. 111-148, as amended from time | |
3140 | - | to time, for medical diagnostic equipment. The Department of Public | |
3141 | - | Health shall post such information on its Internet web site. | |
3142 | - | Sec. 74. (Effective from passage) (a) There is established a task force to | |
3143 | - | study assisted living services agencies that provide services as a | |
3144 | - | dementia special care unit or program, as defined in section 19a-562 of Substitute House Bill No. 5500 | |
3145 | - | ||
3146 | - | Public Act No. 22-58 97 of 100 | |
3147 | - | ||
3148 | - | the general statutes. Such study shall include, but need not be limited | |
3149 | - | to, an examination of (1) the regulation of such agencies by the | |
3150 | - | Department of Public Health and whether additional oversight by the | |
3151 | - | department is required, (2) whether minimum staffing levels for such | |
3152 | - | agencies should be required, and (3) the maintenance of records by such | |
3153 | - | agencies of meals served to, bathing of, administration of medication to | |
3154 | - | and the overall health of each resident. | |
3155 | - | (b) The task force shall consist of the following members: | |
3156 | - | (1) Two appointed by the speaker of the House of Representatives; | |
3157 | - | (2) Two appointed by the president pro tempore of the Senate; | |
3158 | - | (3) One appointed by the majority leader of the House of | |
3159 | - | Representatives; | |
3160 | - | (4) One appointed by the majority leader of the Senate; | |
3161 | - | (5) One appointed by the minority leader of the House of | |
3162 | - | Representatives; | |
3163 | - | (6) One appointed by the minority leader of the Senate; and | |
3164 | - | (7) The Commissioner of Public Health, or the commissioner's | |
3165 | - | designee. | |
3166 | - | (c) Any member of the task force appointed under subdivision (1), | |
3167 | - | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member | |
3168 | - | of the General Assembly. | |
3169 | - | (d) All initial appointments to the task force shall be made not later | |
3170 | - | than thirty days after the effective date of this section. Any vacancy shall | |
3171 | - | be filled by the appointing authority. | |
3172 | - | (e) The speaker of the House of Representatives and the president pro Substitute House Bill No. 5500 | |
3173 | - | ||
3174 | - | Public Act No. 22-58 98 of 100 | |
3175 | - | ||
3176 | - | tempore of the Senate shall select the chairpersons of the task force from | |
3177 | - | among the members of the task force. Such chairpersons shall schedule | |
3178 | - | the first meeting of the task force, which shall be held not later than sixty | |
3179 | - | days after the effective date of this section. | |
3180 | - | (f) The administrative staff of the joint standing committee of the | |
3181 | - | General Assembly having cognizance of matters relating to public | |
3182 | - | health shall serve as administrative staff of the task force. | |
3183 | - | (g) Not later than January 1, 2023, the task force shall submit a report | |
3184 | - | on its findings and recommendations to the joint standing committee of | |
3185 | - | the General Assembly having cognizance of matters relating to public | |
3186 | - | health, in accordance with the provisions of section 11-4a of the general | |
3187 | - | statutes. The task force shall terminate on the date that it submits such | |
3188 | - | report or January 1, 2023, whichever is later. | |
3189 | - | Sec. 75. Section 19a-59i of the 2022 supplement to the general statutes | |
3190 | - | is amended by adding subsection (g) as follows (Effective from passage): | |
3191 | - | (NEW) (g) Not later than January 1, 2023, the maternal mortality | |
3192 | - | review committee shall develop educational materials regarding: | |
3193 | - | (1) The health and safety of pregnant and postpartum persons with | |
3194 | - | mental health disorders, including, but not limited to, perinatal mood | |
3195 | - | and anxiety disorders, for distribution by the Department of Public | |
3196 | - | Health to each birthing hospital in the state. As used in this subdivision, | |
3197 | - | "birthing hospital" means a health care facility, as defined in section 19a- | |
3198 | - | 630, operated and maintained in whole or in part for the purpose of | |
3199 | - | caring for patients during the delivery of a child and for a postpartum | |
3200 | - | person and such person's newborn following birth; | |
3201 | - | (2) Evidence-based screening tools for screening patients for intimate | |
3202 | - | partner violence, peripartum mood disorders and substance use | |
3203 | - | disorder for distribution by the Department of Public Health to | |
3204 | - | obstetricians and other health care providers who practice obstetrics; Substitute House Bill No. 5500 | |
3205 | - | ||
3206 | - | Public Act No. 22-58 99 of 100 | |
3207 | - | ||
3208 | - | and | |
3209 | - | (3) Indicators of intimate partner violence for distribution by the | |
3210 | - | Department of Public Health to (A) hospitals for use by health care | |
3211 | - | providers in the emergency department and hospital social workers, | |
3212 | - | and (B) obstetricians and other health care providers who practice | |
3213 | - | obstetrics. | |
3214 | - | Sec. 76. (NEW) (Effective July 1, 2022) (a) As used in this section, | |
3215 | - | "birthing hospital" means a health care facility, as defined in section 19a- | |
3216 | - | 630 of the general statutes, operated and maintained in whole or in part | |
3217 | - | for the purpose of caring for a person during the delivery of a child and | |
3218 | - | for a postpartum person and such person's newborn following birth. | |
3219 | - | (b) On and after October 1, 2022, each birthing hospital shall provide | |
3220 | - | to each patient who has undergone a caesarean section written | |
3221 | - | information regarding the importance of mobility following a caesarean | |
3222 | - | section and the risks associated with immobility following a caesarean | |
3223 | - | section. | |
3224 | - | (c) Not later than January 1, 2023, each birthing hospital shall | |
3225 | - | establish a patient portal through which a postpartum patient can | |
3226 | - | virtually access, through an Internet web site or application, any | |
3227 | - | educational materials and other information that the birthing hospital | |
3228 | - | provided to the patient during the patient's stay at the birthing hospital | |
3229 | - | and at the time of the patient's discharge from the birthing hospital. | |
3230 | - | (d) On and after January 1, 2023, each birthing hospital shall provide | |
3231 | - | to each postpartum patient the educational materials regarding the | |
3232 | - | health and safety of pregnant and postpartum persons with mental | |
3233 | - | health disorders, including, but not limited to, perinatal mood and | |
3234 | - | anxiety disorders, developed by the maternal mortality review | |
3235 | - | committee pursuant to subsection (g) of section 19a-59i of the general | |
3236 | - | statutes, as amended by this act. Substitute House Bill No. 5500 | |
3237 | - | ||
3238 | - | Public Act No. 22-58 100 of 100 | |
3239 | - | ||
3240 | - | Sec. 77. Subsection (a) of section 10-29a of the 2022 supplement to the | |
3241 | - | general statutes is amended by adding subdivisions (104) and (105) as | |
3242 | - | follows (Effective from passage): | |
3243 | - | (NEW) (104) Maternal Mental Health Month. The Governor shall | |
3244 | - | proclaim the month of May of each year to be Maternal Mental Health | |
3245 | - | Month, to raise awareness of issues surrounding maternal mental | |
3246 | - | health. Suitable exercises may be held in the State Capitol and elsewhere | |
3247 | - | as the Governor designates for the observance of the month. | |
3248 | - | (NEW) (105) Maternal Mental Health Day. The Governor shall | |
3249 | - | proclaim May fifth of each year to be Maternal Mental Health Day, to | |
3250 | - | raise awareness of issues surrounding maternal mental health. Suitable | |
3251 | - | exercises may be held in the State Capitol and elsewhere as the | |
3252 | - | Governor designates for the observance of the day. | |
3253 | - | Sec. 78. Section 19a-6f of the general statutes is repealed. (Effective | |
3254 | - | October 1, 2022) | |
1595 | + | PH Joint Favorable Subst. | |
3255 | 1596 |