Substitute House Bill No. 5500
Public Act No. 22-58
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO THE
PUBLIC HEALTH STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 19a-490 of the 2022 supplement to the general
statutes, as amended by sections 29 and 30 of public act 21-2 of the June
special session, is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
As used in this chapter, unless the context otherwise requires:
(a) "Institution" means a hospital, short-term hospital special hospice,
hospice inpatient facility, residential care home, nursing home facility,
home health care agency, home health aide agency, behavioral health
facility, assisted living services agency, substance abuse treatment
facility, outpatient surgical facility, outpatient clinic, clinical laboratory,
an infirmary operated by an educational institution for the care of
students enrolled in, and faculty and employees of, such institution; a
facility engaged in providing services for the prevention, diagnosis,
treatment or care of human health conditions, including facilities
operated and maintained by any state agency; and a residential facility
for persons with intellectual disability licensed pursuant to section 17a- Substitute House Bill No. 5500
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227 and certified to participate in the Title XIX Medicaid program as an
intermediate care facility for individuals with intellectual disability.
"Institution" does not include any facility for the care and treatment of
persons with mental illness or substance use disorder operated or
maintained by any state agency, except Whiting Forensic Hospital and
the hospital and psychiatric residential treatment facility units of the
Albert J. Solnit Children's Center;
(b) "Hospital" means an establishment for the lodging, care and
treatment of persons suffering from disease or other abnormal physical
or mental conditions and includes inpatient psychiatric services in
general hospitals;
(c) "Residential care home" or "rest home" means a community
residence that furnishes, in single or multiple facilities, food and shelter
to two or more persons unrelated to the proprietor and, in addition,
provides services that meet a need beyond the basic provisions of food,
shelter and laundry and may qualify as a setting that allows residents to
receive home and community-based services funded by state and
federal programs;
(d) "Home health care agency" means a public or private
organization, or a subdivision thereof, engaged in providing
professional nursing services and the following services, available
twenty-four hours per day, in the patient's home or a substantially
equivalent environment: Home health aide services as defined in this
section, physical therapy, speech therapy, occupational therapy or
medical social services. The agency shall provide professional nursing
services and at least one additional service directly and all others
directly or through contract. An agency shall be available to enroll new
patients seven days a week, twenty-four hours per day;
(e) "Home health aide agency" means a public or private
organization, except a home health care agency, which provides in the Substitute House Bill No. 5500
Public Act No. 22-58 3 of 100
patient's home or a substantially equivalent environment supportive
services which may include, but are not limited to, assistance with
personal hygiene, dressing, feeding and incidental household tasks
essential to achieving adequate household and family management.
Such supportive services shall be provided under the supervision of a
registered nurse and, if such nurse determines appropriate, shall be
provided by a social worker, physical therapist, speech therapist or
occupational therapist. Such supervision may be provided directly or
through contract;
(f) "Home health aide services" as defined in this section shall not
include services provided to assist individuals with activities of daily
living when such individuals have a disease or condition that is chronic
and stable as determined by a physician licensed in the state;
(g) "Behavioral health facility" means any facility that provides
mental health services to persons eighteen years of age or older or
substance use disorder services to persons of any age in an outpatient
treatment or residential setting to ameliorate mental, emotional,
behavioral or substance use disorder issues;
(h) ["Alcohol or drug treatment facility" means any facility for the
care or treatment of persons suffering from alcoholism or other drug
addiction] "Clinical laboratory" means any facility or other area used for
microbiological, serological, chemical, hematological,
immunohematological, biophysical, cytological, pathological or other
examinations of human body fluids, secretions, excretions or excised or
exfoliated tissues for the purpose of providing information for the (1)
diagnosis, prevention or treatment of any human disease or
impairment, (2) assessment of human health, or (3) assessment of the
presence of drugs, poisons or other toxicological substances;
(i) "Person" means any individual, firm, partnership, corporation,
limited liability company or association; Substitute House Bill No. 5500
Public Act No. 22-58 4 of 100
(j) "Commissioner" means the Commissioner of Public Health or the
commissioner's designee;
(k) "Home health agency" means an agency licensed as a home health
care agency or a home health aide agency;
(l) "Assisted living services agency" means an agency that provides,
among other things, nursing services and assistance with activities of
daily living to a population that is chronic and stable and may have a
dementia special care unit or program as defined in section 19a-562;
(m) "Outpatient clinic" means an organization operated by a
municipality or a corporation, other than a hospital, that provides (1)
ambulatory medical care, including preventive and health promotion
services, (2) dental care, or (3) mental health services in conjunction with
medical or dental care for the purpose of diagnosing or treating a health
condition that does not require the patient's overnight care;
(n) "Multicare institution" means a hospital that provides outpatient
behavioral health services or other health care services, psychiatric
outpatient clinic for adults, free-standing facility for the care or
treatment of substance abusive or dependent persons, hospital for
psychiatric disabilities, as defined in section 17a-495, or a general acute
care hospital that provides outpatient behavioral health services that (1)
is licensed in accordance with this chapter, (2) has more than one facility
or one or more satellite units owned and operated by a single licensee,
and (3) offers complex patient health care services at each facility or
satellite unit. For purposes of this subsection, "satellite unit" means a
location where a segregated unit of services is provided by the multicare
institution;
(o) "Nursing home" or "nursing home facility" means (1) any chronic
and convalescent nursing home or any rest home with nursing
supervision that provides nursing supervision under a medical director Substitute House Bill No. 5500
Public Act No. 22-58 5 of 100
twenty-four hours per day, or (2) any chronic and convalescent nursing
home that provides skilled nursing care under medical supervision and
direction to carry out nonsurgical treatment and dietary procedures for
chronic diseases, convalescent stages, acute diseases or injuries;
(p) "Outpatient dialysis unit" means (1) an out-of-hospital out-patient
dialysis unit that is licensed by the department to provide (A) services
on an out-patient basis to persons requiring dialysis on a short-term
basis or for a chronic condition, or (B) training for home dialysis, or (2)
an in-hospital dialysis unit that is a special unit of a licensed hospital
designed, equipped and staffed to (A) offer dialysis therapy on an out-
patient basis, (B) provide training for home dialysis, and (C) perform
renal transplantations; [and]
(q) "Hospice agency" means a public or private organization that
provides home care and hospice services to terminally ill patients; [.]
(r) "Psychiatric residential treatment facility" means a nonhospital
facility with a provider agreement with the Department of Social
Services to provide inpatient services to Medicaid-eligible individuals
under the age of twenty-one; [.] and
(s) "Chronic disease hospital" means a long-term hospital having
facilities, medical staff and all necessary personnel for the diagnosis,
care and treatment of chronic diseases.
Sec. 2. Subsection (a) of section 19a-491c of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) As used in this section:
(1) "Criminal history and patient abuse background search" or
"background search" means (A) a review of the registry of nurse's aides
maintained by the Department of Public Health pursuant to section 20- Substitute House Bill No. 5500
Public Act No. 22-58 6 of 100
102bb, (B) checks of state and national criminal history records
conducted in accordance with section 29-17a, and (C) a review of any
other registry specified by the Department of Public Health which the
department deems necessary for the administration of a background
search program.
(2) "Direct access" means physical access to a patient or resident of a
long-term care facility that affords an individual with the opportunity
to commit abuse or neglect against or misappropriate the property of a
patient or resident.
(3) "Disqualifying offense" means a conviction of (A) any crime
described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated
finding of neglect, abuse or misappropriation of property by a state or
federal agency pursuant to an investigation conducted in accordance
with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a
conviction of any crime described in section 53a-59a, 53a-60b, 53a-60c,
53a-61a, 53a-321, 53a-322 or 53a-323.
(4) "Long-term care facility" means any facility, agency or provider
that is a nursing home, as defined in section 19a-521, a residential care
home, as defined in section 19a-521, a home health care agency, hospice
agency or home health aide agency, as defined in section 19a-490, as
amended by this act, an assisted living services agency, as defined in
section 19a-490, as amended by this act, an intermediate care facility for
individuals with intellectual disabilities, as defined in 42 USC 1396d(d),
except any such facility operated by a Department of Developmental
Services' program subject to background checks pursuant to section 17a-
227a, a chronic disease hospital, as defined in section [19a-550] 19a-490,
as amended by this act, or an agency providing hospice care which is
licensed to provide such care by the Department of Public Health or
certified to provide such care pursuant to 42 USC 1395x.
Sec. 3. Section 19a-535b of the general statutes is repealed and the Substitute House Bill No. 5500
Public Act No. 22-58 7 of 100
following is substituted in lieu thereof (Effective October 1, 2022):
[(a) As used in this section, a "facility" means a chronic disease
hospital which is a long-term hospital having facilities, medical staff and
all necessary personnel for the diagnosis, care and treatment of chronic
diseases.]
[(b)] A [facility] chronic disease hospital shall not transfer or
discharge a patient from [the facility] such hospital except for medical
reasons, or for the patient's welfare or the welfare of other patients, as
documented in the patient's medical record; or, in the case of a self pay
patient, for nonpayment or arrearage of more than fifteen days of the
per diem chronic disease hospital room rates for the patient's stay,
except as prohibited by the Social Security Act. In the case of an
involuntary transfer or discharge, the patient and, if known, the
patient's legally liable relative, guardian or conservator and the patient's
personal physician, if the discharge plan is prepared by the medical
director of the chronic disease hospital, shall be given at least thirty
days' written notice of the proposed action to ensure orderly transfer or
discharge.
Sec. 4. Subsection (a) of section 19a-537 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) As used in this section and section 19a-537a:
(1) "Vacancy" means a bed that is available for an admission;
(2) "Nursing home" means any chronic and convalescent facility or
any rest home with nursing supervision, as defined in section 19a-521;
(3) "Hospital" means a general short-term hospital licensed by the
Department of Public Health or a hospital for mental illness, as defined
in section 17a-495, or a chronic disease hospital. [, as defined in section Substitute House Bill No. 5500
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19-13-D1(a) of the Public Health Code.]
Sec. 5. Subsection (a) of section 19a-550 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) (1) As used in this section, (A) "nursing home facility" has the same
meaning as provided in section 19a-521, and (B) "residential care home"
has the same meaning as provided in section 19a-521; [, and (C) "chronic
disease hospital" means a long-term hospital having facilities, medical
staff and all necessary personnel for the diagnosis, care and treatment
of chronic diseases;] and (2) for the purposes of subsections (c) and (d)
of this section, and subsection (b) of section 19a-537, "medically
contraindicated" means a comprehensive evaluation of the impact of a
potential room transfer on the patient's physical, mental and
psychosocial well-being, which determines that the transfer would
cause new symptoms or exacerbate present symptoms beyond a
reasonable adjustment period resulting in a prolonged or significant
negative outcome that could not be ameliorated through care plan
intervention, as documented by a physician, physician assistant or an
advanced practice registered nurse in a patient's medical record.
Sec. 6. Subsections (a) to (e), inclusive, of section 20-185r of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective October 1, 2022):
(a) As used in this section:
(1) "Central service technician" means a person who decontaminates,
inspects, assembles, packages and sterilizes reusable medical
instruments or devices [in] for a health care facility, whether such
person is employed by the health care facility or provides services
pursuant to a contract with the health care facility;
(2) "Health care facility" means an outpatient surgical facility, as Substitute House Bill No. 5500
Public Act No. 22-58 9 of 100
defined in section 19a-493b, or a hospital, as defined in section 19a-490,
as amended by this act, but does not include a chronic disease hospital,
as defined in section [19a-550] 19a-490, as amended by this act;
(3) "Health care provider" means a person or organization that
provides health care services and is licensed in accordance with this title;
and
(4) "Central service department" means a department within a health
care facility that processes, issues and controls medical supplies, devices
and equipment, both sterile and nonsterile, for patient care areas of a
health care facility.
(b) Unless otherwise permitted pursuant to this section, no person
shall practice as a central service technician unless such person (1) (A)
has successfully passed a nationally accredited central service exam for
central service technicians and holds and maintains one of the following
credentials: (i) A certified registered central service technician credential
administered by the International Association of Healthcare Central
Service Materiel Management, or its successor organization, or (ii) a
certified sterile processing and distribution technician credential
administered by the Certification Board for Sterile Processing and
Distribution, Inc., or (B) was employed or otherwise contracted for
services as a central service technician [in] by a health care facility before
January 1, 2016, or (2) obtains a certified registered central service
technician credential administered by the International Association of
Healthcare Central Service Materiel Management, or its successor
organization, or a certified sterile processing and distribution technician
credential administered by the Certification Board for Sterile Processing
and Distribution, Inc., not later than two years after such person's date
of hire or contracting for services with the health care facility.
(c) A central service technician shall complete a minimum of ten
hours of continuing education annually. The continuing education shall Substitute House Bill No. 5500
Public Act No. 22-58 10 of 100
be in areas related to the functions of a central service technician.
(d) A health care facility shall, upon the written request of a central
service technician, verify, in writing, the central service technician's
dates of employment or the contract period during which the central
service technician provided services to the health care facility.
(e) Nothing in this section shall prohibit the following persons from
performing the tasks or functions of a central service technician: (1) A
health care provider; (2) a student or intern performing the functions of
a central service technician under the direct supervision of a health care
provider as part of the student's or intern's training or internship; or (3)
a person who does not work in a central service department in a health
care facility, but who has been specially trained and determined
competent, based on standards set by a health care facility's infection
prevention or control committee, acting in consultation with a central
service technician certified in accordance with subsection (b) of this
section, to decontaminate or sterilize reusable medical equipment,
instruments or devices, in a manner that meets applicable
manufacturer's instructions and standards.
Sec. 7. Subsection (a) of section 12-20a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) Until the fiscal year commencing July 1, 2016, on or before January
first, annually, the Secretary of the Office of Policy and Management
shall determine the amount due to each municipality in the state, in
accordance with this section, as a state grant in lieu of taxes with respect
to real property owned by any private nonprofit institution of higher
learning or any nonprofit general hospital facility or freestanding
chronic disease hospital or an urgent care facility that operates for at
least twelve hours a day and that had been the location of a nonprofit
general hospital for at least a portion of calendar year 1996 to receive Substitute House Bill No. 5500
Public Act No. 22-58 11 of 100
payments in lieu of taxes for such property, exclusive of any such facility
operated by the federal government, except a campus of the United
States Department of Veterans Affairs Connecticut Healthcare Systems,
or the state of Connecticut or any subdivision thereof. As used in this
section, "private nonprofit institution of higher learning" means any
such institution, as defined in subsection (a) of section 10a-34, or any
independent institution of higher education, as defined in subsection (a)
of section 10a-173, that is engaged primarily in education beyond the
high school level, and offers courses of instruction for which college or
university-level credit may be given or may be received by transfer, the
property of which is exempt from property tax under any of the
subdivisions of section 12-81, as amended by this act; "nonprofit general
hospital facility" means any such facility that is used primarily for the
purpose of general medical care and treatment, exclusive of any hospital
facility used primarily for the care and treatment of special types of
disease or physical or mental conditions; and "freestanding chronic
disease hospital" [means a facility that provides for the care and
treatment of chronic diseases] has the same meaning as "chronic disease
hospital" as defined in section 19a-490, as amended by this act,
excluding any such facility having an ownership affiliation with and
operated in the same location as a chronic and convalescent nursing
home.
Sec. 8. Section 17b-368 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
On or before July 1, 2004, the Department of Social Services shall,
within the limits of available Medicaid funding, implement a pilot
project in Greater Hartford with a chronic disease hospital colocated
with a skilled nursing facility and with the facilities, medical staff and
all necessary personnel for the diagnosis, care and treatment of chronic
or geriatric mental conditions that require prolonged hospital or
restorative care. For purposes of this section, "chronic disease hospital" Substitute House Bill No. 5500
Public Act No. 22-58 12 of 100
[means a long-term hospital with facilities, medical staff and all
necessary personnel for the diagnosis, care and treatment of chronic
physical and geriatric mental health conditions that require prolonged
hospital or restorative care] has the same meaning as provided in section
19a-490, as amended by this act.
Sec. 9. Subsection (a) of section 19a-491 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(a) No person acting individually or jointly with any other person
shall establish, conduct, operate or maintain an institution in this state
without a license as required by this chapter, except for persons issued
a license by the Commissioner of Children and Families pursuant to
section 17a-145 for the operation of (1) a substance abuse treatment
facility, or (2) a facility for the purpose of caring for women during
pregnancies and for women and their infants following such
pregnancies, provided such exception shall not apply to the hospital and
psychiatric residential treatment facility units of the Albert J. Solnit
Children's Center. Application for such license shall (A) be made to the
Department of Public Health upon forms provided by it, (B) be
accompanied by the fee required under subsection (c), (d) or (e) of this
section, (C) contain such information as the department requires, which
may include affirmative evidence of ability to comply with reasonable
standards and regulations prescribed under the provisions of this
chapter, and (D) not be required to be notarized. The commissioner may
require as a condition of licensure that an applicant sign a consent order
providing reasonable assurances of compliance with the Public Health
Code. The commissioner may issue more than one chronic disease
hospital license to a single institution until such time as the state offers
a rehabilitation hospital license.
Sec. 10. Subsection (a) of section 19a-497 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1, Substitute House Bill No. 5500
Public Act No. 22-58 13 of 100
2022):
(a) Each institution shall, upon receipt of a notice of intention to strike
by a labor organization representing the employees of such institution,
in accordance with the provisions of the National Labor Relations Act,
29 USC 158, file a strike contingency plan with the commissioner not
later than five days before the date indicated for the strike. Such strike
contingency plan shall include the institution's staffing plan for at least
the first three days of such strike. The strike contingency plan shall
include, but need not be limited to, the names and titles of the
individuals who will be providing services at the institution. An
institution that is a residential facility for persons with intellectual
disability licensed pursuant to section 17a-227 and certified to
participate in the Title XIX Medicaid program as an intermediate care
facility for individuals with intellectual disabilities shall submit a strike
contingency plan that contains the same information as required of
nursing homes.
Sec. 11. Subsections (a) and (b) of section 19a-515 of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective from passage):
(a) Each nursing home administrator's license issued pursuant to the
provisions of sections 19a-511 to 19a-520, inclusive, shall be renewed
once every two years, in accordance with section 19a-88, except for
cause, by the Department of Public Health, upon forms to be furnished
by said department and upon the payment to said department, by each
applicant for license renewal, of the sum of two hundred five dollars.
Each such fee shall be remitted to the Department of Public Health on
or before the date prescribed under section 19a-88. Such renewals shall
be granted unless said department finds the applicant has acted or failed
to act in such a manner or under such circumstances as would constitute
grounds for suspension or revocation of such license. Substitute House Bill No. 5500
Public Act No. 22-58 14 of 100
(b) Each licensee shall complete a minimum of forty hours of
continuing education every two years, including, but not limited to,
training in (1) Alzheimer's disease and dementia symptoms and care,
and (2) infection prevention and control. Such two-year period shall
commence on the first date of renewal of the licensee's license after
January 1, 2004. The continuing education shall be in areas related to the
licensee's practice. Qualifying continuing education activities are
courses offered or approved by the Connecticut Association of
Healthcare Facilities, LeadingAge Connecticut, Inc., the Connecticut
Assisted Living Association, the Connecticut Alliance for Subacute
Care, Inc., the Connecticut Chapter of the American College of Health
Care Administrators, the Association For Long Term Care Financial
Managers, the Alzheimer's Association or any accredited college or
university, or programs presented or approved by the National
Continuing Education Review Service of the National Association of
Boards of Examiners of Long Term Care Administrators, the
Association for Professionals in Infection Control and Epidemiology or
by federal or state departments or agencies.
Sec. 12. Subsection (a) of section 19a-492e of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) For purposes of this section "home health care agency" and
"hospice agency" have the same meanings as provided in section 19a-
490, as amended by this act. Notwithstanding the provisions of chapter
378, a registered nurse may delegate the administration of medications
that are not administered by injection to home health aides and hospice
aides who have obtained (1) certification and recertification every
[three] two years thereafter for medication administration in accordance
with regulations adopted pursuant to subsection (b) of this section, or
(2) a current certification from the Department of Children and Families
or the Department of Developmental Services in accordance with Substitute House Bill No. 5500
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section 19a-495a, as amended by this act, unless the prescribing
practitioner specifies that a medication shall only be administered by a
licensed nurse. [Any home health aide or hospice aide who obtained
certification in the administration of medications on or before June 30,
2015, shall obtain recertification on or before July 1, 2018.]
Sec. 13. Subsections (a) and (b) of section 19a-495a of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective October 1, 2022):
(a) (1) The Commissioner of Public Health may adopt regulations, as
provided in subsection (d) of this section, to require each residential care
home [, as defined in section 19a-490,] that admits residents requiring
assistance with medication administration, to (A) designate unlicensed
personnel to obtain certification for the administration of medication
from the Department of Public Health, Department of Children and
Families or Department of Developmental Services, and (B) ensure that
such unlicensed personnel receive such certification and recertification
every [three] two years thereafter from the Department of Public Health,
Department of Children and Families or Department of Developmental
Services.
(2) Any regulations adopted pursuant to this subsection shall
establish criteria to be used by such homes in determining (A) the
appropriate number of unlicensed personnel who shall obtain such
certification and recertification, and (B) training requirements,
including ongoing training requirements for such certification and
recertification.
(3) Training requirements for initial certification and recertification
shall include, but shall not be limited to: Initial orientation, resident
rights, identification of the types of medication that may be
administered by unlicensed personnel, behavioral management,
personal care, nutrition and food safety, and health and safety in Substitute House Bill No. 5500
Public Act No. 22-58 16 of 100
general.
(b) Each residential care home [, as defined in section 19a-490,] shall
ensure that an appropriate number of unlicensed personnel, as
determined by the residential care home, obtain certification and
recertification for the administration of medication from the
Department of Public Health, Department of Children and Families or
Department of Developmental Services. Certification and recertification
of such personnel shall be in accordance with any regulations adopted
pursuant to this section. [, except any personnel who obtained
certification in the administration of medication on or before June 30,
2015, shall obtain recertification on or before July 1, 2018.] Unlicensed
personnel obtaining such certification and recertification may
administer medications that are not administered by injection to
residents of such homes, unless a resident's physician specifies that a
medication only be administered by licensed personnel.
Sec. 14. (Effective from passage) The Commissioner of Public Health
shall conduct a scope of practice review pursuant to sections 19a-16d to
19a-16f, inclusive, of the general statutes, as amended by this act, to
determine whether the Department of Public Health should regulate
midwives who are not eligible for licensure as nurse-midwives, licensed
pursuant to chapter 377 of the general statutes. The commissioner shall
report, in accordance with the provisions of section 11-4a of the general
statutes, the findings of such review and any recommendations to the
joint standing committee of the General Assembly having cognizance of
matters relating to public health on or before February 1, 2023.
Sec. 15. Section 20-90 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) [Said board may adopt a seal. The Commissioner of Public Health,
with advice and assistance from the board, and in consultation with the
State Board of Education, shall adopt regulations, in accordance with Substitute House Bill No. 5500
Public Act No. 22-58 17 of 100
the provisions of chapter 54, permitting and setting standards for
courses for the training of practical nurses to be offered in high schools
or by the Technical Education and Career System for students who have
not yet acquired a high school diploma. Students who satisfactorily
complete courses approved by said Board of Examiners for Nursing,
with the consent of the Commissioner of Public Health, as meeting such
standards shall be given credit for each such course toward the
requirements for a practical nurse's license. All schools of nursing in this
state, except such schools accredited by the National League for Nursing
or other professional accrediting association approved by the United
States Department of Education and recognized by the Commissioner
of Public Health, and all schools for training licensed practical nurses
and all hospitals connected to such schools] The Connecticut State Board
of Examiners for Nursing shall have the following duties: (1) Hear and
decide matters concerning suspension or revocation of licensure; (2)
adjudicate complaints filed against practitioners licensed under this
chapter and impose sanctions where appropriate; (3) approve schools of
nursing in the state that prepare persons for examination under the
provisions of this chapter; and (4) consult, where possible, with national
recognized accrediting agencies when approving schools pursuant to
subdivision (3) of this subsection. The board may adopt a seal.
(b) All schools of nursing in the state that prepare persons for
examination under the provisions of this chapter, shall be (1) visited
periodically by a representative of the Department of Public Health who
shall be a registered nurse or a person experienced in the field of nursing
education, and (2) approved by the Connecticut State Board of
Examiners for Nursing pursuant to subdivisions (3) and (4) of
subsection (a) of this section.
(c) The [board shall keep] Department of Public Health shall post a
list of all nursing programs and all programs for training licensed
practical nurses that are approved by [it, with the consent of the Substitute House Bill No. 5500
Public Act No. 22-58 18 of 100
Commissioner of Public Health, as maintaining] the Connecticut State
Board of Examiners for Nursing and maintain the standard for the
education of nurses and the training of licensed practical nurses as
established by the [commissioner. The board shall consult, where
possible, with nationally recognized accrediting agencies when
approving schools] Commissioner of Public Health on the department's
Internet web site.
[(b) Said board shall (1) hear and decide matters concerning
suspension or revocation of licensure, (2) adjudicate complaints filed
against practitioners licensed under this chapter and impose sanctions
where appropriate.]
Sec. 16. Subsections (c) and (d) of section 19a-16d of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective from passage):
(c) In any year in which a scope of practice request is received
pursuant to this section, not later than September [fifteenth] first of the
year preceding the commencement of the next regular session of the
General Assembly, the Department of Public Health, within available
appropriations, shall: (1) Provide written notification to the joint
standing committee of the General Assembly having cognizance of
matters relating to public health of any health care profession that has
submitted a scope of practice request, including any request for
exemption, to the department pursuant to this section; and (2) post any
such request, including any request for exemption, and the name and
address of the requestor on the department's Internet web site.
(d) Any person or entity, acting on behalf of a health care profession
that may be directly impacted by a scope of practice request submitted
pursuant to this section, may submit to the department a written
statement identifying the nature of the impact not later than [October
first] September fifteenth of the year preceding the next regular session Substitute House Bill No. 5500
Public Act No. 22-58 19 of 100
of the General Assembly. Any such person or entity directly impacted
by a scope of practice request shall indicate the nature of the impact
taking into consideration the criteria set forth in subsection (b) of this
section and shall provide a copy of the written impact statement to the
requestor. Not later than October [fifteenth] first of such year, the
requestor shall submit a written response to the department and any
person or entity that has provided a written impact statement. The
requestor's written response shall include, but not be limited to, a
description of areas of agreement and disagreement between the
respective health care professions.
Sec. 17. Subsection (a) of section 19a-16e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) On or before [November first] October fifteenth of the year
preceding the commencement of the next regular session of the General
Assembly, the Commissioner of Public Health shall select from the
timely scope of practice requests submitted to the department pursuant
to section 19a-16d, as amended by this act, the requests on which the
department will act and, within available appropriations allocated to
the department, establish and appoint members to a scope of practice
review committee for each [timely scope of practice] such request.
[submitted to the department pursuant to section 19a-16d.] Committees
established pursuant to this section shall consist of the following
members: (1) Two members recommended by the requestor to represent
the health care profession making the scope of practice request; (2) two
members recommended by each person or entity that has submitted a
written impact statement pursuant to subsection (d) of section 19a-16d,
as amended by this act, to represent the health care professions directly
impacted by the scope of practice request; and (3) the Commissioner of
Public Health or the commissioner's designee, who shall serve as an ex-
officio, nonvoting member of the committee. The Commissioner of Substitute House Bill No. 5500
Public Act No. 22-58 20 of 100
Public Health or the commissioner's designee shall serve as the
chairperson of any such committee. The Commissioner of Public Health
may appoint additional members to any committee established
pursuant to this section to include representatives from health care
professions having a proximate relationship to the underlying request if
the commissioner or the commissioner's designee determines that such
expansion would be beneficial to a resolution of the issues presented.
Any member of such committee shall serve without compensation.
Sec. 18. Subsection (c) of section 20-132a of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(c) (1) Except as provided in this section, a licensee who is actively
engaged in the practice of optometry shall earn a minimum of twenty
hours of continuing education each registration period. The subject
matter for continuing education shall reflect the professional needs of
the licensee in order to meet the health care needs of the public, and shall
include [(1)] (A) not less than six hours in any of the following areas:
Pathology, detection of diabetes and ocular treatment; and [(2)] (B) not
less than six hours in treatment as it applies to the use of ocular agents-
T.
(2) Coursework shall be provided in the following manner: (A) Not
less than ten hours shall be earned through direct, live instruction that
the licensee physically attends; [either individually or as part of a group
of participants or through a formal home study or distance learning
program. Not] (B) not more than ten hours shall be earned through
synchronous online education with opportunities for live interaction;
(C) not more than [six] five hours shall be earned through [a home study
or other distance learning program] asynchronous online education,
distance learning or home study; and (D) not more than six hours shall
be in practice management. For the purposes of this subdivision,
"synchronous online education" means live online classes that are Substitute House Bill No. 5500
Public Act No. 22-58 21 of 100
conducted in real time and "asynchronous online education" means a
program where the instructor, learner and other participants are not
engaged in the learning process at the same time, there is no real-time
interaction between participants and instructors and the educational
content is created and made available for later consumption.
(3) Qualifying continuing education activities include, but are not
limited to, courses offered or approved by the Council on Optometric
Practitioner Education of the Association of Regulatory Boards of
Optometry, the American Optometric Association or state or local
optometry associations and societies that are affiliated with the
American Optometric Association, a hospital or other health care
institution, a school or college of optometry or other institution of higher
education accredited or recognized by the Council on Optometric
Practitioner Education or the American Optometric Association, a state
or local health department, or a national, state or local medical
association.
Sec. 19. Subsection (b) of section 19a-14c of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) A psychiatrist licensed pursuant to chapter 370, a psychologist
licensed pursuant to chapter 383, [an independent] a clinical social
worker [certified] licensed pursuant to chapter 383b or a marital and
family therapist licensed pursuant to chapter 383a may provide
outpatient mental health treatment to a minor without the consent or
notification of a parent or guardian at the request of the minor if (1)
requiring the consent or notification of a parent or guardian would
cause the minor to reject such treatment; (2) the provision of such
treatment is clinically indicated; (3) the failure to provide such treatment
would be seriously detrimental to the minor's well-being; (4) the minor
has knowingly and voluntarily sought such treatment; and (5) in the
opinion of the provider of treatment, the minor is mature enough to Substitute House Bill No. 5500
Public Act No. 22-58 22 of 100
participate in treatment productively. The provider of such treatment
shall document the reasons for any determination made to treat a minor
without the consent or notification of a parent or guardian and shall
include such documentation in the minor's clinical record, along with a
written statement signed by the minor stating that (A) the minor is
voluntarily seeking such treatment; (B) the minor has discussed with the
provider the possibility of involving his or her parent or guardian in the
decision to pursue such treatment; (C) the minor has determined it is
not in his or her best interest to involve his or her parent or guardian in
such decision; and (D) the minor has been given adequate opportunity
to ask the provider questions about the course of his or her treatment.
Sec. 20. Subsection (b) of section 20-12j of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) Each person holding a license as a physician assistant shall,
annually, during the month of such person's birth, [register] renew such
license with the Department of Public Health, upon payment of a fee of
one hundred fifty-five dollars, on [blanks] a form to be [furnished]
provided by the department for such purpose, giving such person's
name in full, such person's residence and business address and such
other information as the department requests. No such license shall be
renewed unless the department is satisfied that the practitioner (1) has
met the mandatory continuing medical education requirements of the
National Commission on Certification of Physician Assistants or a
successor organization for the certification or recertification of physician
assistants that may be approved by the department; (2) has passed any
examination or continued competency assessment the passage of which
may be required by said commission for maintenance of current
certification by said commission; (3) has completed not less than one
contact hour of training or education in prescribing controlled
substances and pain management in the preceding two-year period; and Substitute House Bill No. 5500
Public Act No. 22-58 23 of 100
(4) for registration periods beginning on [or before] and after January 1,
2022, during the first renewal period and not less than once every six
years thereafter, earn not less than two contact hours of training or
education screening for post-traumatic stress disorder, risk of suicide,
depression and grief and suicide prevention training administered by
the American [Association] Academy of Physician [Assistants]
Associates, or the American Academy of Physician Associates' successor
organization, a hospital or other licensed health care institution or a
regionally accredited institution of higher education.
Sec. 21. Subparagraph (B) of subdivision (8) of section 19a-177 of the
2022 supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(B) On or before [December 31, 2018] June 1, 2023, and annually
thereafter, the commissioner shall prepare a report to the Emergency
Medical Services Advisory Board, established pursuant to section 19a-
178a, that shall include, but not be limited to, the following data: (i) The
total number of calls for emergency medical services received during
the reporting year by each licensed ambulance service, certified
ambulance service or paramedic intercept service; (ii) the level of
emergency medical services required for each such call; (iii) the name of
the emergency medical service organization that provided each such
level of emergency medical services furnished during the reporting
year; (iv) the response time, by time ranges or fractile response times,
for each licensed ambulance service, certified ambulance service or
paramedic intercept service, using a common definition of response
time, as provided in regulations adopted pursuant to section 19a-179;
and (v) the number of passed calls, cancelled calls and mutual aid calls
during the reporting year. The commissioner shall prepare such report
in a format that categorizes such data for each municipality in which the
emergency medical services were provided, with each such
municipality grouped according to urban, suburban and rural Substitute House Bill No. 5500
Public Act No. 22-58 24 of 100
classifications.
Sec. 22. Subdivision (5) of section 14-1 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(5) "Authorized emergency vehicle" means (A) a fire department
vehicle, (B) a police vehicle, or (C) an [ambulance] authorized
emergency medical services vehicle, as defined in section 19a-175;
Sec. 23. Subsection (a) of section 19a-30 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(a) As used in this section, "clinical laboratory" [means any facility or
other area used for microbiological, serological, chemical,
hematological, immunohematological, biophysical, cytological,
pathological or other examinations of human body fluids, secretions,
excretions or excised or exfoliated tissues, for the purpose of providing
information for the diagnosis, prevention or treatment of any human
disease or impairment, for the assessment of human health or for the
presence of drugs, poisons or other toxicological substances] has the
same meaning as provided in section 19a-490, as amended by this act.
Sec. 24. Section 19a-31b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
No clinical laboratory, as defined in section [19a-30] 19a-490, as
amended by this act, that offers hair follicle drug testing as part of its
array of diagnostic testing services shall refuse to administer a hair
follicle drug test that has been ordered by a physician or physician
assistant, licensed under chapter 370, or an advanced practice registered
nurse, licensed under chapter 378.
Sec. 25. Subdivisions (1) and (2) of subsection (a) of section 19a-72 of Substitute House Bill No. 5500
Public Act No. 22-58 25 of 100
the 2022 supplement to the general statutes are repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(1) "Clinical laboratory" [means any facility or other area used for
microbiological, serological, chemical, hematological,
immunohematological, biophysical, cytological, pathological or other
examinations of human body fluids, secretions, excretions or excised or
exfoliated tissues, for the purpose of providing information for the
diagnosis, prevention or treatment of any human disease or
impairment, for the assessment of human health or for the presence of
drugs, poisons or other toxicological substances] has the same meaning
as provided in section 19a-490, as amended by this act;
(2) "Hospital" [means an establishment for the lodging, care and
treatment of persons suffering from disease or other abnormal physical
or mental conditions and includes inpatient psychiatric services in
general hospitals] has the same meaning as provided in section 19a-490,
as amended by this act;
Sec. 26. Subdivision (1) of subsection (a) of section 19a-215 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(1) "Clinical laboratory" [means any facility or other area used for
microbiological, serological, chemical, hematological,
immunohematological, biophysical, cytological, pathological or other
examinations of human body fluids, secretions, excretions or excised or
exfoliated tissues, for the purpose of providing information for the
diagnosis, prevention or treatment of any human disease or
impairment, for the assessment of human health or for the presence of
drugs, poisons or other toxicological substances] has the same meaning
as provided in section 19a-490, as amended by this act.
Sec. 27. Subsection (a) of section 19a-269b of the general statutes is Substitute House Bill No. 5500
Public Act No. 22-58 26 of 100
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) As used in this section, "clinical laboratory" has the same meaning
as provided in section [19a-30] 19a-490, as amended by this act.
Sec. 28. Subsection (d) of section 20-7a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(d) No person or entity, other than a physician licensed under chapter
370, a clinical laboratory, as defined in section [19a-30] 19a-490, as
amended by this act, or a referring clinical laboratory, shall directly or
indirectly charge, bill or otherwise solicit payment for the provision of
anatomic pathology services, unless such services were personally
rendered by or under the direct supervision of such physician, clinical
laboratory or referring laboratory in accordance with section 353 of the
Public Health Service Act, (42 USC 263a). A clinical laboratory or
referring laboratory may only solicit payment for anatomic pathology
services from the patient, a hospital, the responsible insurer of a third
party payor, or a governmental agency or such agency's public or
private agent that is acting on behalf of the recipient of such services.
Nothing in this subsection shall be construed to prohibit a clinical
laboratory from billing a referring clinical laboratory when specimens
are transferred between such laboratories for histologic or cytologic
processing or consultation. No patient or other third party payor, as
described in this subsection, shall be required to reimburse any provider
for charges or claims submitted in violation of this section. For purposes
of this subsection, (1) "referring clinical laboratory" means a clinical
laboratory that refers a patient specimen for consultation or anatomic
pathology services, excluding the laboratory of a physician's office or
group practice that takes a patient specimen and does not perform the
professional diagnostic component of the anatomic pathology services
involved, and (2) "anatomic pathology services" means the gross and Substitute House Bill No. 5500
Public Act No. 22-58 27 of 100
microscopic examination and histologic or cytologic processing of
human specimens, including histopathology or surgical pathology,
cytopathology, hematology, subcellular pathology or molecular
pathology or blood banking service performed by a pathologist.
Sec. 29. Subsection (a) of section 20-7c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) For purposes of this section, "clinical laboratory" has the same
meaning as provided in section [19a-30] 19a-490, as amended by this act.
"Clinical laboratory" does not include any state laboratory established
by the Department of Public Health pursuant to section 19a-26 or 19a-
29.
Sec. 30. Subparagraph (A) of subdivision (6) of subsection (a) of
section 38a-477aa of the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(6) (A) "Surprise bill" means a bill for health care services, other than
emergency services, received by an insured for services rendered by an
out-of-network health care provider, where such services were rendered
by (i) such out-of-network provider at an in-network facility, during a
service or procedure performed by an in-network provider or during a
service or procedure previously approved or authorized by the health
carrier and the insured did not knowingly elect to obtain such services
from such out-of-network provider, or (ii) a clinical laboratory, as
defined in section [19a-30] 19a-490, as amended by this act, that is an
out-of-network provider, upon the referral of an in-network provider.
Sec. 31. Section 7-51a of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) Any person eighteen years of age or older may purchase certified Substitute House Bill No. 5500
Public Act No. 22-58 28 of 100
copies of marriage and death records, and certified copies of records of
births or fetal deaths which are at least one hundred years old, in the
custody of any registrar of vital statistics. The department may issue
uncertified copies of death certificates for deaths occurring less than one
hundred years ago, and uncertified copies of birth, marriage, death and
fetal death certificates for births, marriages, deaths and fetal deaths that
occurred at least one hundred years ago, to researchers approved by the
department pursuant to section 19a-25, and to state and federal agencies
approved by the department. During all normal business hours,
members of genealogical societies incorporated or authorized by the
Secretary of the State to do business or conduct affairs in this state shall
(1) have full access to all vital records in the custody of any registrar of
vital statistics, including certificates, ledgers, record books, card files,
indexes and database printouts, except for those records containing
Social Security numbers protected pursuant to 42 USC 405 (c)(2)(C), and
confidential files on adoptions, gender change, surrogacy agreements,
and parentage, (2) be permitted to make notes from such records, (3) be
permitted to purchase certified copies of such records, and (4) be
permitted to incorporate statistics derived from such records in the
publications of such genealogical societies. For all vital records
containing Social Security numbers that are protected from disclosure
pursuant to federal law, the Social Security numbers contained on such
records shall be redacted from any certified copy of such records issued
to a genealogist by a registrar of vital statistics.
(b) For marriage and civil union licenses, the Social Security numbers
of the parties to the marriage or civil union shall be recorded in the
"administrative purposes" section of the marriage or civil union license
and the application for such license. All persons specified on the license,
including the parties to the marriage or civil union, officiator and local
registrar shall have access to the Social Security numbers specified on
the marriage or civil union license and the application for such license
for the purpose of processing the license. Only the parties to a marriage Substitute House Bill No. 5500
Public Act No. 22-58 29 of 100
or civil union, or entities authorized by state or federal law, may receive
a certified copy of a marriage or civil union license with the Social
Security numbers included on the license. Any other individual,
researcher or state or federal agency requesting a certified or uncertified
copy of any marriage or civil union license in accordance with the
provisions of this section shall be provided such copy with such Social
Security numbers removed or redacted, or with the "administrative
purposes" section omitted.
(c) For deaths occurring on or after July 1, 1997, the Social Security
number of the deceased person shall be recorded in the "administrative
purposes" section of the death certificate. Such administrative purposes
section, and the Social Security number contained therein, shall be
restricted and disclosed only to the following eligible parties: (1) All
parties specified on the death certificate, including the informant,
licensed funeral director, licensed embalmer, conservator, surviving
spouse, physician or advanced practice registered nurse and town clerk,
for the purpose of processing the certificate, (2) the surviving spouse, (3)
the next of kin, or (4) any state and federal agencies authorized by
federal law. The department shall provide any other individual,
researcher or state or federal agency requesting a certified or uncertified
death certificate, or the information contained within such certificate,
for a death occurring on or after July 1, 1997, such certificate or
information. The decedent's Social Security number shall be removed or
redacted from such certificate or information or the administrative
purposes section shall be omitted from such certificate.
(d) The registrar of vital statistics of any town or city in this state that
has access to an electronic vital records system, as authorized by the
department, may use such system to issue certified copies of birth,
death, fetal death or marriage certificates that are electronically filed in
such system.
[(e) Any registrar of vital statistics who receives payment pursuant to Substitute House Bill No. 5500
Public Act No. 22-58 30 of 100
this section may permit such payment to be made on an Internet web
site designated by the registrar, in a manner prescribed by the registrar.]
Sec. 32. Section 7-74 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The fee for a certification of birth registration, short form, shall be
fifteen dollars. The fee for a certified copy of a certificate of birth, long
form, shall be twenty dollars, except that the fee for such certifications
and copies when issued by the department shall be thirty dollars.
(b) (1) The fee for a certified copy of a certificate of marriage or death
shall be twenty dollars. Such fees shall not be required of the
department.
(2) Any fee received by the Department of Public Health for a
certificate of death shall be deposited in the neglected cemetery account,
established in accordance with section 19a-308b.
(c) The fee for one certified copy of a certificate of death for any
deceased person who was a veteran, as defined in subsection (a) of
section 27-103, shall be waived when such copy is requested by a
spouse, child or parent of such deceased veteran.
(d) The fee for an uncertified copy of an original certificate of birth
issued pursuant to section 7-53 shall be sixty-five dollars.
(e) Any registrar of vital statistics who receives payment pursuant to
this section may permit such payment to be made on an Internet web
site designated by the registrar, in a manner prescribed by the registrar,
as approved by the Commissioner of Public Health, o r the
commissioner's designee.
Sec. 33. Subsections (c) and (d) of section 19a-36m of the general
statutes are repealed and the following is substituted in lieu thereof Substitute House Bill No. 5500
Public Act No. 22-58 31 of 100
(Effective from passage):
(c) The provisions of the food code that concern the employment of a
certified food protection manager and any reporting requirements
relative to such certified food protection manager [(1)] shall not apply
to [(A)] (1) an owner or operator of a soup kitchen that relies exclusively
on services provided by volunteers, [(B)] (2) any volunteer who serves
meals from a nonprofit organization, including a temporary food
service establishment and a special event sponsored by a nonprofit civic
organization, including, but not limited to, school sporting events, little
league food booths, church suppers and fairs, or [(C)] (3) any person
who serves meals to individuals at a registered congregate meal site
funded under Title III of the Older Americans Act of 1965, as amended
from time to time, that were prepared under the supervision of a
certified food protection manager. [, and (2) shall not prohibit the sale
or distribution of food at (A) a bed and breakfast establishment that
prepares and offers food to guests, provided the operation is owner-
occupied and the total building occupant load is not more than sixteen
persons, including the owner and occupants, has no provisions for
cooking or warming food in the guest rooms, breakfast is the only meal
offered and the consumer of such operation is informed by statements
contained in published advertisements, mailed brochures and placards
posted in the registration area that the food is prepared in a kitchen that
is not regulated and inspected by the local health director, and (B) a
noncommercial function, including, but not limited to, an educational,
religious, political or charitable organization's bake sale or potluck
supper, provided the seller or person distributing the food maintains
the food at the temperature, pH level and water activity level conditions
that will inhibit the growth of infectious or toxigenic microorganisms.
For the purposes of this subsection, "noncommercial function" means a
function where food is sold or distributed by a person not regularly
engaged in the business of selling such food for profit.] Substitute House Bill No. 5500
Public Act No. 22-58 32 of 100
(d) The provisions of the food code shall not (1) apply to a residential
care home with thirty beds or less that is licensed pursuant to chapter
368v, provided the administrator of the residential care home or the
administrator's designee has satisfactorily passed a test as part of a food
protection manager certification program that is evaluated and
approved by an accrediting agency recognized by the Conference for
Food Protection as conforming to its standard for accreditation of food
protection manager certification programs, unless such residential care
home enters into a service contract with a food establishment or lends,
rents or leases any area of its facility to any person or entity for the
purpose of preparing or selling food, at which time the provisions of the
food code shall apply to such residential care home, and (2) shall not
prohibit the sale or distribution of food at (A) a bed and breakfast
establishment that prepares and offers food to guests, provided the
operation is owner-occupied and the total building occupant load is not
more than sixteen persons, including the owner and occupants, has no
provisions for cooking or warming food in the guest rooms, breakfast is
the only meal offered and the consumer of such operation is informed
by statements contained in published advertisements, mailed brochures
and placards posted in the registration area that the food is prepared in
a kitchen that is not regulated and inspected by the local health director,
and (B) a noncommercial function, including, but not limited to, an
educational, religious, political or charitable organization's bake sale or
potluck supper, provided the seller or person distributing the food
maintains the food at the temperature, pH level and water activity level
conditions that will inhibit the growth of infectious or toxigenic
microorganisms. For the purposes of this subsection, "noncommercial
function" means a function where food is sold or distributed by a person
not regularly engaged in the business of selling such food for profit.
Sec. 34. Subparagraph (A) of subdivision (2) of subsection (c) of
section 16-245n of the 2022 supplement to the general statutes is
repealed and the following is substituted in lieu thereof (Effective from Substitute House Bill No. 5500
Public Act No. 22-58 33 of 100
passage):
(2) (A) There is hereby created an Environmental Infrastructure Fund
which shall be within the Connecticut Green Bank. The fund may
receive any amount required by law to be deposited into the fund and
may receive any federal funds as may become available to the state for
environmental infrastructure investments, except that the fund shall not
receive: (i) Ratepayer or Regional Greenhouse Gas Initiative funds, (ii)
funds that have been deposited in, or are required to be deposited in, an
account of the Clean Water Fund pursuant to sections 22a-475 to [22a-
438f] 22a-483f, inclusive, or (iii) funds collected from a water company,
as defined in section 25-32a.
Sec. 35. Subsection (b) of section 20-191c of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2022):
(b) Qualifying continuing education activities shall be related to the
practice of psychology and shall include courses, seminars, workshops,
conferences and postdoctoral institutes offered or approved by: (1) The
American Psychological Association; (2) a regionally accredited
institution of higher education graduate program; (3) a nationally
recognized provider of continuing education seminars; (4) the
Department of Mental Health and Addiction Services; or (5) a
behavioral science organization that is professionally or scientifically
recognized. Not more than five continuing education units during each
registration period shall be completed via [the Internet] asynchronous
online education, distance learning or home study. Not less than five
continuing education units shall be earned through synchronous online
education. On and after January 1, 2016, qualifying continuing
education activities shall include not less than two contact hours of
training or education during the first renewal period in which
continuing education is required and not less than once every six years
thereafter on the topic of mental health conditions common to veterans Substitute House Bill No. 5500
Public Act No. 22-58 34 of 100
and family members of veterans, including (A) determining whether a
patient is a veteran or family member of a veteran, (B) screening for
conditions such as post-traumatic stress disorder, risk of suicide,
depression and grief, and (C) suicide prevention training. Qualifying
continuing education activities may include a licensee's research-based
presentation at a professional conference, provided not more than five
continuing education units during each registration period shall be
completed by such activities. A licensee who has earned a diploma from
the American Board of Professional Psychology during the registration
period may substitute the diploma for continuing education
requirements for such registration period. For purposes of this section,
"continuing education unit" means fifty to sixty minutes of participation
in accredited continuing professional education. For the purposes of this
subsection, "synchronous online education" means live online classes
that are conducted in real time and "asynchronous online education"
means a program where the instructor, learner and other participants
are not engaged in the learning process at the same time, there is no real-
time interaction between participants and instructors and the
educational content is created and made available for later
consumption.
Sec. 36. Section 19a-563h of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
(a) On or before January 1, 2022, the Department of Public Health
shall (1) establish minimum staffing level requirements for nursing
homes of three hours of direct care per resident per day, and (2) modify
staffing level requirements for social work and recreational staff of
nursing homes such that the requirements (A) for social work, [are] a
number of hours that is based on one full-time social worker per sixty
residents and that shall vary proportionally based on the number of
residents in the nursing home, and (B) for recreational staff are lower Substitute House Bill No. 5500
Public Act No. 22-58 35 of 100
than the current requirements, as deemed appropriate by the
Commissioner of Public Health.
(b) The commissioner shall adopt regulations in accordance with the
provisions of chapter 54 that set forth nursing home staffing level
requirements to implement the provisions of this section. The
Commissioner of Public Health may implement policies and procedures
necessary to administer the provisions of this section while in the
process of adopting such policies and procedures as regulations,
provided notice of intent to adopt regulations is published on the
eRegulations System not later than twenty days after the date of
implementation. Policies and procedures implemented pursuant to this
section shall be valid until the time final regulations are adopted.
Sec. 37. Section 17b-59d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There shall be established a State-wide Health Information
Exchange to empower consumers to make effective health care
decisions, promote patient-centered care, improve the quality, safety
and value of health care, reduce waste and duplication of services,
support clinical decision-making, keep confidential health information
secure and make progress toward the state's public health goals.
(b) It shall be the goal of the State-wide Health Information Exchange
to: (1) Allow real-time, secure access to patient health information and
complete medical records across all health care provider settings; (2)
provide patients with secure electronic access to their health
information; (3) allow voluntary participation by patients to access their
health information at no cost; (4) support care coordination through
real-time alerts and timely access to clinical information; (5) reduce costs
associated with preventable readmissions, duplicative testing and
medical errors; (6) promote the highest level of interoperability; (7) meet
all state and federal privacy and security requirements; (8) support Substitute House Bill No. 5500
Public Act No. 22-58 36 of 100
public health reporting, quality improvement, academic research and
health care delivery and payment reform through data aggregation and
analytics; (9) support population health analytics; (10) be standards-
based; and (11) provide for broad local governance that (A) includes
stakeholders, including, but not limited to, representatives of the
Department of Social Services, hospitals, physicians, behavioral health
care providers, long-term care providers, health insurers, employers,
patients and academic or medical research institutions, and (B) is
committed to the successful development and implementation of the
State-wide Health Information Exchange.
(c) All contracts or agreements entered into by or on behalf of the state
relating to health information technology or the exchange of health
information shall be consistent with the goals articulated in subsection
(b) of this section and shall utilize contractors, vendors and other
partners with a demonstrated commitment to such goals.
(d) (1) The executive director of the Office of Health Strategy, in
consultation with the Secretary of the Office of Policy and Management
and the State Health Information Technology Advisory Council,
established pursuant to section 17b-59f, shall, upon the approval by the
State Bond Commission of bond funds authorized by the General
Assembly for the purposes of establishing a State-wide Health
Information Exchange, develop and issue a request for proposals for the
development, management and operation of the State-wide Health
Information Exchange. Such request shall promote the reuse of any and
all enterprise health information technology assets, such as the existing
Provider Directory, Enterprise Master Person Index, Direct Secure
Messaging Health Information Service provider infrastructure, analytic
capabilities and tools that exist in the state or are in the process of being
deployed. Any enterprise health information exchange technology
assets purchased after June 2, 2016, and prior to the implementation of
the State-wide Health Information Exchange shall be capable of Substitute House Bill No. 5500
Public Act No. 22-58 37 of 100
interoperability with a State-wide Health Information Exchange.
(2) Such request for proposals may require an eligible organization
responding to the request to: (A) Have not less than three years of
experience operating either a state-wide health information exchange in
any state or a regional exchange serving a population of not less than
one million that (i) enables the exchange of patient health information
among health care providers, patients and other authorized users
without regard to location, source of payment or technology, (ii)
includes, with proper consent, behavioral health and substance abuse
treatment information, (iii) supports transitions of care and care
coordination through real-time health care provider alerts and access to
clinical information, (iv) allows health information to follow each
patient, (v) allows patients to access and manage their health data, and
(vi) has demonstrated success in reducing costs associated with
preventable readmissions, duplicative testing or medical errors; (B) be
committed to, and demonstrate, a high level of transparency in its
governance, decision-making and operations; (C) be capable of
providing consulting to ensure effective governance; (D) be regulated or
administratively overseen by a state government agency; and (E) have
sufficient staff and appropriate expertise and experience to carry out the
administrative, operational and financial responsibilities of the State-
wide Health Information Exchange.
(e) Notwithstanding the provisions of subsection (d) of this section,
if, on or before January 1, 2016, the Commissioner of Social Services, in
consultation with the State Health Information Technology Advisory
Council, established pursuant to section 17b-59f, submits a plan to the
Secretary of the Office of Policy and Management for the establishment
of a State-wide Health Information Exchange consistent with
subsections (a), (b) and (c) of this section, and such plan is approved by
the secretary, the commissioner may implement such plan and enter
into any contracts or agreements to implement such plan. Substitute House Bill No. 5500
Public Act No. 22-58 38 of 100
(f) The executive director of the Office of Health Strategy shall have
administrative authority over the State-wide Health Information
Exchange. The executive director shall be responsible for designating,
and posting on its Internet web site, the list of systems, technologies,
entities and programs that shall constitute the State-wide Health
Information Exchange. Systems, technologies, entities, and programs
that have not been so designated shall not be considered part of said
exchange.
(g) The executive director of the Office of Health Strategy shall adopt
regulations in accordance with the provisions of chapter 54 that set forth
requirements necessary to implement the provisions of this section. The
executive director may implement policies and procedures necessary to
administer the provisions of this section while in the process of adopting
such policies and procedures in regulation form, provided the executive
director holds a public hearing at least thirty days prior to implementing
such policies and procedures and publishes notice of intention to adopt
the regulations on the Office of Health Strategy's Internet web site and
the eRegulations System not later than twenty days after implementing
such policies and procedures. Policies and procedures implemented
pursuant to this subsection shall be valid until the time such regulations
are effective.
Sec. 38. Section 17b-59e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) For purposes of this section:
(1) "Health care provider" means any individual, corporation, facility
or institution licensed by the state to provide health care services; and
(2) "Electronic health record system" means a computer-based
information system that is used to create, collect, store, manipulate,
share, exchange or make available electronic health records for the Substitute House Bill No. 5500
Public Act No. 22-58 39 of 100
purposes of the delivery of patient care.
(b) Not later than one year after commencement of the operation of
the State-wide Health Information Exchange, each hospital licensed
under chapter 368v and clinical laboratory licensed under section 19a-
30, as amended by this act, shall maintain an electronic health record
system capable of connecting to and participating in the State-wide
Health Information Exchange and shall apply to begin the process of
connecting to, and participating in, the State-wide Health Information
Exchange.
(c) Not later than two years after commencement of the operation of
the State-wide Health Information Exchange, (1) each health care
provider with an electronic health record system capable of connecting
to, and participating in, the State-wide Health Information Exchange
shall apply to begin the process of connecting to, and participating in,
the State-wide Health Information Exchange, and (2) each health care
provider without an electronic health record system capable of
connecting to, and participating in, the State-wide Health Information
Exchange shall be capable of sending and receiving secure messages
that comply with the Direct Project specifications published by the
federal Office of the National Coordinator for Health Information
Technology.
(d) The executive director of the Office of Health Strategy shall adopt
regulations in accordance with the provisions of chapter 54 that set forth
requirements necessary to implement the provisions of this section. The
executive director may implement policies and procedures necessary to
administer the provisions of this section while in the process of adopting
such policies and procedures in regulation form, provided the executive
director holds a public hearing at least thirty days prior to implementing
such policies and procedures and publishes notice of intention to adopt
the regulations on the Office of Health Strategy's Internet web site and
the eRegulations System not later than twenty days after implementing Substitute House Bill No. 5500
Public Act No. 22-58 40 of 100
such policies and procedures. Policies and procedures implemented
pursuant to this subsection shall be valid until the time such regulations
are effective.
Sec. 39. Subsection (c) of section 19a-495 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) The commissioner may waive any provisions of the regulations
affecting an institution [, as defined in section 19a-490] or a clinical
laboratory, licensed pursuant to section 19a-30, as amended by this act,
if the commissioner determines that such waiver would not endanger
the health, safety or welfare of any patient or resident. The
commissioner may impose conditions, upon granting the waiver, that
assure the health, safety and welfare of patients or residents, and may
revoke the waiver upon a finding that the health, safety or welfare of
any patient or resident has been jeopardized. The commissioner shall
not grant a waiver that would result in a violation of the Fire Safety
Code or State Building Code. The commissioner may adopt regulations,
in accordance with chapter 54, establishing procedures for an
application for a waiver pursuant to this subsection.
Sec. 40. (Effective from passage) (a) As used in this section:
(1) "Certified doula" means a doula that is certified by the Department
of Public Health; and
(2) "Doula" means a trained, nonmedical professional who provides
physical, emotional and informational support, virtually or in person,
to a pregnant person before, during and after birth.
(b) The Commissioner of Public Health shall, within available
resources, establish a Doula Advisory Committee within the
Department of Public Health. The Doula Advisory Committee shall
develop recommendations for (1) requirements for certification and Substitute House Bill No. 5500
Public Act No. 22-58 41 of 100
certification renewal of doulas, including, but not limited to, training,
experience or continuing education requirements; and (2) standards for
recognizing doula training program curricula that are sufficient to
satisfy the requirements for doula certification.
(c) The Commissioner of Public Health, or the commissioner's
designee, shall be the chairperson of the Doula Advisory Committee.
(d) The Doula Advisory Committee shall consist of the following
members:
(1) Seven appointed by the Commissioner of Public Health, or the
commissioner's designee, who are actively practicing as doulas in the
state;
(2) One appointed by the Commissioner of Public Health, or the
commissioner's designee, who is a nurse-midwife, licensed pursuant to
chapter 377 of the general statutes, who has experience working with a
doula;
(3) One appointed by the Commissioner of Public Health, or the
commissioner's designee, in consultation with the Connecticut Hospital
Association, who shall represent an acute care hospital;
(4) One appointed by the Commissioner of Public Health, or the
commissioner's designee, who shall represent an association that
represents hospitals and health-related organizations in the state;
(5) One appointed by the Commissioner of Public Health, or the
commissioner's designee, who shall be a licensed health care provider
who specializes in obstetrics and has experience working with a doula;
(6) One appointed by the Commissioner of Public Health, or the
commissioner's designee, who shall represent a community-based
doula training organization; Substitute House Bill No. 5500
Public Act No. 22-58 42 of 100
(7) One appointed by the Commissioner of Public Health, or the
commissioner's designee, who shall represent a community-based
maternal and child health organization;
(8) One appointed by the Commissioner of Public Health, or the
commissioner's designee, who shall have expertise in health equity;
(9) The Commissioner of Social Services, or the commissioner's
designee;
(10) The Commissioner of Mental Health and Addiction Services, or
the commissioner's designee; and
(11) The Commissioner of Early Childhood, or the commissioner's
designee.
(e) Not later than January 15, 2023, the Doula Advisory Committee
shall establish a Doula Training Program Review Committee. Such
committee shall (1) conduct a continuous review of doula training
programs; and (2) provide a list of approved doula training programs
in the state that meet the requirements established by the Doula
Advisory Committee.
Sec. 41. (Effective from passage) The Commissioner of Public Health
shall study whether the state should adopt safe harbor legislation that
permits alternative health care practitioners who are not licensed,
certified or registered in the state to provide traditional health care
services, to provide certain alternative health care services, including,
but not limited to, aromatherapy, energetic healing, healing touch,
herbology or herbalism, meditation and mind body practices, polarity
therapy, reflexology and Reiki, without violating any provision of the
general statutes relating to the unlicensed practice of medicine. Not later
than January 1, 2023, the commissioner shall report, in accordance with
the provisions of section 11-4a of the general statutes, regarding such
study to the joint standing committee of the General Assembly having Substitute House Bill No. 5500
Public Act No. 22-58 43 of 100
cognizance of matters relating to public health.
Sec. 42. Subsection (c) of section 19a-498 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(c) The Department of Mental Health and Addiction Services, with
respect to any behavioral health facility, [or alcohol or drug treatment
facility,] shall be authorized, either upon the request of the
Commissioner of Public Health or at such other times as they deem
necessary, to enter such facility for the purpose of inspecting programs
conducted at such facility. A written report of the findings of any such
inspection shall be forwarded to the Commissioner of Public Health and
a copy shall be maintained in such facility's licensure file.
Sec. 43. Section 19a-509g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
[An alcohol or drug treatment facility, as defined in section 19a-490,]
A behavioral health facility shall use the criteria for admission
developed by the American Society of Addiction Medicine for purposes
of assessing a person for admission to such facility in consideration of
(1) the services for which the facility is licensed, and (2) the appropriate
services required for treatment of such person.
Sec. 44. Subdivision (1) of subsection (b) of section 38a-493 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(1) "Hospital" means an institution that is primarily engaged in
providing, by or under the supervision of physicians, to inpatients (A)
diagnostic, surgical and therapeutic services for medical diagnosis,
treatment and care of persons who have an injury, sickness or disability,
or (B) medical rehabilitation services for the rehabilitation of persons
who have an injury, sickness or disability. "Hospital" does not include a Substitute House Bill No. 5500
Public Act No. 22-58 44 of 100
residential care home, nursing home, rest home or [alcohol or drug
treatment facility] behavioral health facility, as defined in section 19a-
490, as amended by this act;
Sec. 45. Subdivision (1) of subsection (b) of section 38a-520 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(1) "Hospital" means an institution that is primarily engaged in
providing, by or under the supervision of physicians, to inpatients (A)
diagnostic, surgical and therapeutic services for medical diagnosis,
treatment and care of persons who have an injury, sickness or disability,
or (B) medical rehabilitation services for the rehabilitation of persons
who have an injury, sickness or disability. "Hospital" does not include a
residential care home, nursing home, rest home or [alcohol or drug
treatment facility] behavioral health facility, as defined in section 19a-
490, as amended by this act;
Sec. 46. Section 19a-535a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) As used in this section: [, a "facility"]
(1) "Facility" means a residential care home, as defined in section 19a-
490, as amended by this act; [.]
(2) "Emergency" means a situation in which a resident of a facility
presents an imminent danger to the resident's own health or safety, the
health or safety of another resident or the health or safety of an
employee or the owner of the facility;
(3) "Department" means the Department of Public Health; and
(4) "Commissioner" means the Commissioner of Public Health, or the
commissioner's designee. Substitute House Bill No. 5500
Public Act No. 22-58 45 of 100
(b) A facility shall not transfer or discharge a resident from the facility
unless (1) the transfer or discharge is necessary to meet the resident's
welfare and the resident's welfare cannot be met in the facility, (2) the
transfer or discharge is appropriate because the resident's health has
improved sufficiently so the resident no longer needs the services
provided by the facility, (3) the health or safety of individuals in the
facility is endangered, (4) the resident has failed, after reasonable and
appropriate notice, to pay for a stay or a requested service [,] at the
facility, or (5) the facility ceases to operate. In the case of an involuntary
transfer or discharge, the facility shall provide written notice to the
resident and, if known, [his] the resident's legally liable relative,
guardian or conservator [shall be given a thirty-day written notification
which includes] not less than thirty days prior to the proposed transfer
or discharge date, except when the facility has requested an immediate
transfer or discharge in accordance with subsection (e) of this section.
Such notice shall include the reason for the transfer or discharge, [and
notice of] the effective date of the transfer or discharge, the right of the
resident to appeal a transfer or discharge by the facility pursuant to
subsection (d) of this section and the resident's right to represent himself
or herself or be represented by legal counsel. Such notice shall be in a
form and manner prescribed by the commissioner, as modified from
time to time, and shall include the name, mailing address and telephone
number of the State Long-Term Care Ombudsman and be sent by
facsimile or electronic communication to the Office of the Long-Term
Care Ombudsman on the same day as the notice is given to the resident.
If the facility knows the resident has, or the facility alleges that the
resident has, a mental illness or an intellectual disability, the notice shall
also include the name, mailing address and telephone number of the
entity designated by the Governor in accordance with section 46a-10b to
serve as the Connecticut protection and advocacy system. No resident
shall be involuntarily transferred or discharged from a facility if such
transfer or discharge presents imminent danger of death to the resident. Substitute House Bill No. 5500
Public Act No. 22-58 46 of 100
(c) The facility shall be responsible for assisting the resident in finding
[appropriate placement] an alternative residence. A discharge plan,
prepared by the facility, [which indicates] in a form and manner
prescribed by the commissioner, as modified from time to time, shall
include the resident's individual needs and shall [accompany the
patient] be submitted to the resident not later than seven days after the
notice of transfer or discharge is issued to the resident. The facility shall
submit the discharge plan to the commissioner at or before the hearing
held pursuant to subsection (d) of this section.
(d) (1) [For transfers or discharges effected on or after October 1, 1989,
a] A resident or [his] the resident's legally liable relative, guardian or
conservator who has been notified by a facility, pursuant to subsection
(b) of this section, that [he] the resident will be transferred or discharged
from the facility may appeal such transfer or discharge to the
Commissioner of Public Health by filing a request for a hearing with the
commissioner [within] not later than ten days [of] after the receipt of
such notice. Upon receipt of any such request, the commissioner [or his
designee] shall hold a hearing to determine whether the transfer or
discharge is being effected in accordance with this section. Such a
hearing shall be held [within] not later than seven business days [of]
after the receipt of such request. [and a determination made by the] The
commissioner [or his designee within] shall issue a decision not later
than twenty days [of the termination of] after the closing of the hearing
record. The hearing shall be conducted in accordance with chapter 54.
[(2) In an emergency the facility may request that the commissioner
make a determination as to the need for an immediate transfer or
discharge of a resident. Before making such a determination, the
commissioner shall notify the resident and, if known, his legally liable
relative, guardian or conservator. The commissioner shall issue such a
determination no later than seven days after receipt of the request for
such determination. If, as a result of such a request, the commissioner or Substitute House Bill No. 5500
Public Act No. 22-58 47 of 100
his designee determines that a failure to effect an immediate transfer or
discharge would endanger the health, safety or welfare of the resident
or other residents, the commissioner or his designee shall order the
immediate transfer or discharge of the resident from the facility. A
hearing shall be held in accordance with the requirements of
subdivision (1) of this subsection within seven business days of the
issuance of any determination issued pursuant to this subdivision.
(3) Any involuntary transfer or discharge shall be stayed pending a
determination by the commissioner or his designee. Notwithstanding
any provision of the general statutes, the determination of the
commissioner or his designee after a hearing shall be final and binding
upon all parties and not subject to any further appeal.]
(2) Any involuntary transfer or discharge that is appealed under this
subsection shall be stayed pending a final determination by the
commissioner.
(3) The commissioner shall send a copy of the decision regarding a
transfer or discharge to the facility, the resident and the resident's legal
guardian, conservator or other authorized representative, if known, or
the resident's legally liable relative or other responsible party, and the
State Long-Term Care Ombudsman.
(e) (1) In the case of an emergency, the facility may request that the
commissioner make a determination as to the need for an immediate
transfer or discharge of a resident by submitting a sworn affidavit
attesting to the basis for the emergency transfer or discharge. The facility
shall provide a copy of the request for an immediate transfer or
discharge and the notice described in subsection (b) of this section to the
resident. After receipt of such request, the commissioner may issue an
order for the immediate temporary transfer or discharge of the resident
from the facility. The temporary order shall remain in place until a final
decision is issued by the commissioner, unless earlier rescinded. The Substitute House Bill No. 5500
Public Act No. 22-58 48 of 100
commissioner shall issue the determination as to the need for an
immediate transfer or discharge of a resident not later than seven days
after receipt of the request from the facility. A hearing shall be held not
later than seven business days after the date on which a determination
is issued pursuant to this section. The commissioner shall issue a
decision not later than twenty days after the date on which the hearing
record is closed. The hearing shall be conducted in accordance with the
provisions of chapter 54.
(2) The commissioner shall send a copy of the decision regarding an
emergency transfer or discharge to the facility, the resident and the
resident's legal guardian, conservator or other authorized
representative, if known, or the resident's legally liable relative or other
responsible party and the State Long-Term Care Ombudsman.
(3) If the commissioner determines, based upon the request, that an
emergency does not exist, the commissioner shall proceed with a
hearing in accordance with the provisions of subsection (d) of this
section.
(f) A facility or resident who is aggrieved by a final decision of the
commissioner may appeal to the Superior Court in accordance with the
provisions of chapter 54. Pursuant to subsection (f) of section 4-183, the
filing of an appeal to the Superior Court shall not, of itself, stay
enforcement of an agency decision. The Superior Court shall consider
an appeal from a decision of the commissioner pursuant to this section
as a privileged case in order to dispose of the case with the least possible
delay.
Sec. 47. (NEW) (Effective October 1, 2022) (a) For purposes of this
section, "clinical medical assistant" means a person who (1) (A) is
certified by the American Association of Medical Assistants, the
National Healthcareer Association, the National Center for Competency
Testing or the American Medical Technologists, and (B) has graduated Substitute House Bill No. 5500
Public Act No. 22-58 49 of 100
from a postsecondary medical assisting program (i) on and after January
1, 2024, that is accredited by the Commission on Accreditation of Allied
Health Education Programs, the Accrediting Bureau of Health
Education Schools or another accrediting organization recognized by
the United States Department of Education, or (ii) offered by an
institution of higher education accredited by an accrediting
organization recognized by the United States Department of Education
and that includes a total of seven hundred twenty hours, including one
hundred sixty hours of clinical practice skills, including, but not limited
to, administering injections, or (2) has completed relevant medical
assistant training provided by any branch of the armed forces of the
United States.
(b) A clinical medical assistant may administer a vaccine under the
supervision, control and responsibility of a physician licensed pursuant
to chapter 370 of the general statutes, a physician assistant licensed
pursuant to chapter 370 of the general statutes or an advanced practice
registered nurse licensed pursuant to chapter 378 of the general statutes
to any person in any setting other than a hospital setting. Prior to
administering a vaccine, a clinical medical assistant shall complete not
less than twenty-four hours of classroom training and not less than eight
hours of training in a clinical setting regarding the administration of
vaccines. Nothing in this section shall be construed to permit an
employer of a physician, a physician assistant or an advanced practice
registered nurse to require the physician, physician assistant or
advanced practice registered nurse to oversee a clinical medical
assistant in the administration of a vaccine without the consent of the
physician, physician assistant or advanced practice registered nurse.
(c) On or before January first annually, the Commissioner of Public
Health shall obtain from the American Association of Medical
Assistants, the National Healthcareer Association, the National Center
for Competency Testing and the American Medical Technologists a Substitute House Bill No. 5500
Public Act No. 22-58 50 of 100
listing of all state residents maintained on said organizations' registries
of certified medical assistants. The commissioner shall make such
listings available for public inspection.
Sec. 48. (NEW) (Effective July 1, 2022) (a) On and after July 1, 2023,
there is established a Connecticut Rare Disease Advisory Council. The
council shall advise and make recommendations to the Department of
Public Health and other state agencies, as appropriate, regarding the
needs of persons in the state living with a rare disease and such persons'
caregivers. The council may perform the following functions:
(1) Hold public hearings and otherwise make inquiries of and solicit
comments from the general public to assist with a study or survey of
persons living with a rare disease and such persons' caregivers and
health care providers;
(2) Consult with experts on rare diseases to develop policy
recommendations for improving patient access to quality medical care
in the state, affordable and comprehensive insurance coverage,
medications, medically necessary diagnostics, timely treatment and
other necessary services and therapies;
(3) Research and make recommendations to the department, other
state agencies, as necessary, and health carriers that provide services to
persons living with a rare disease regarding the adverse impact that
changes to health insurance coverage, drug formularies and utilization
review, as defined in section 38a-591a of the general statutes, may have
on the provision of treatment or care to persons living with a rare
disease;
(4) Research and identify priorities related to treatments and services
provided to persons living with a rare disease and develop policy
recommendations regarding (A) safeguards and legal protections
against discrimination and other practices that limit access to Substitute House Bill No. 5500
Public Act No. 22-58 51 of 100
appropriate health care, services or therapies, and (B) planning for
natural disasters and other public health emergencies;
(5) Research and make recommendations regarding improving the
quality and continuity of care for persons living with a rare disease who
are transitioning from pediatric to adult health care services;
(6) Research and make recommendations regarding the development
of educational materials on rare diseases, including, but not limited to,
online educational materials and a list of reliable resources for the
department, other state agencies, as necessary, the public, persons living
with a rare disease, such persons' families and caregivers, medical
school students and health care providers; and
(7) Research and make recommendations for support and training
resources for caregivers and health care providers of persons living with
a rare disease.
(b) The council shall consist of the following members:
(1) The Commissioner of Public Health, or the commissioner's
designee;
(2) The Commissioner of Social Services, or the commissioner's
designee;
(3) The Insurance Commissioner, or the commissioner's designee,
who may be the representative of a health carrier;
(4) Two appointed by the Governor, one of whom shall be a
representative of an association of hospitals in the state or an
administrator of a hospital that provides health care to persons living
with a rare disease, and one of whom shall be a physician licensed under
chapter 370 of the general statutes who has expertise in the field of
medical genetics; Substitute House Bill No. 5500
Public Act No. 22-58 52 of 100
(5) Two appointed by the Senate chairperson of the joint standing
committee of the General Assembly having cognizance of matters
relating to public health, one of whom shall be a representative of a
patient advocacy group in the state representing all rare diseases, and
one of whom shall be the family member or caregiver of a pediatric
patient living with a rare disease;
(6) Two appointed by the House chairperson of the joint standing
committee of the General Assembly having cognizance of matters
relating to public health, one of whom shall be a representative of the
biopharmaceutical industry who is involved in rare disease research
and therapy development, and one of whom shall be an adult living
with a rare disease;
(7) Two appointed by the Senate ranking member of the joint
standing committee of the General Assembly having cognizance of
matters relating to public health, one of whom shall be a member of the
scientific community in the state who is engaged in rare disease
research, and one of whom shall be the caregiver of a child or adult
living with a rare disease; and
(8) Two appointed by the House ranking member of the joint
standing committee of the General Assembly having cognizance of
matters relating to public health, one of whom shall be a physician
licensed to practice under chapter 370 of the general statutes who treats
persons living with a rare disease, and one of whom shall be a
representative, family member or caregiver of a person living with a rare
disease.
(c) All initial appointments to the council shall be made not later than
October 31, 2023. Any vacancy shall be filled by the appointing
authority. Except for members of the council who represent state
agencies, five of the members first appointed shall serve for a term of
two years, five of such members shall serve for a term of three years and, Substitute House Bill No. 5500
Public Act No. 22-58 53 of 100
thereafter, members shall serve for a term of two years. The
Commissioner of Public Health shall determine which of the members
first appointed shall serve for a term of two years and which of such
members shall serve for a term of three years. The members of the
council shall receive no compensation for their services but may be
reimbursed for any necessary expenses incurred in the performance of
their duties. The commissioner shall select an acting chairperson of the
council from its members for the purpose of organizing the first council
meeting. Such chairperson shall schedule and convene the first meeting,
which shall be held not later than November 30, 2023. The members of
the council shall appoint, by majority vote, a permanent chairperson
and vice-chairperson during the first meeting of the council. Nothing in
this subsection shall prohibit the reappointment of the chairperson,
vice-chairperson or any member of the council to their position on the
council.
(d) The council shall meet in person or on a remote platform not less
than six times between November 30, 2023, and October 31, 2024, as
determined by the chairperson. Thereafter, the council shall meet
quarterly in person or on a remote platform, as determined by the
chairperson.
(e) The council shall provide opportunities at council meetings for the
general public to make comments, hear updates from the council and
provide input on council activities. The council shall create an Internet
web site where meeting minutes, notices of upcoming meetings and
feedback may be posted.
(f) The council shall be within the Department of Public Health for
administrative purposes only.
(g) Not later than one year after the date of its first meeting, and
annually thereafter, the council shall report to the Governor and, in
accordance with the provisions of section 11-4a of the general statutes, Substitute House Bill No. 5500
Public Act No. 22-58 54 of 100
to the joint standing committee of the General Assembly having
cognizance of matters relating to public health regarding its findings
and recommendations, including, but not limited to, (1) the council's
activities, research findings and any recommendations for proposed
legislative changes, and (2) any potential sources of funding for the
council's activities, including, but not limited to, grants, donations,
sponsorships or in-kind donations.
Sec. 49. Section 2-119 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) There is established a chronic kidney disease advisory committee.
The advisory committee shall:
(1) Work directly with policymakers, public health organizations and
educational institutions to:
(A) Increase awareness of chronic kidney disease in this state; and
(B) Develop health education programs that:
(i) Are intended to reduce the burden of kidney disease throughout
this state;
(ii) Include an ongoing health and wellness campaign that is based
on relevant research;
(iii) Promote preventive screenings; and
(iv) Are promoted through social media and public relations
campaigns;
(2) Examine chronic kidney disease, kidney transplantation,
including, but not limited to, kidney transplantation as a preferred
treatment for chronic kidney disease, living and deceased kidney Substitute House Bill No. 5500
Public Act No. 22-58 55 of 100
donation and racial disparities in the rates of individuals afflicted with
chronic kidney disease;
(3) Examine methods to reduce the occurrence of chronic kidney
disease by controlling the most common risk factors, diabetes and
hypertension, through early detection and preventive efforts at the
community level and disease management efforts in the primary care
setting;
(4) Identify the barriers to the adoption of best practices and the
policies available to address such barriers;
(5) Develop an equitable, sustainable, cost-effective plan to raise
awareness about the importance of early detection, screening, diagnosis
and treatment of chronic kidney disease and prevention; and
(6) Examine the potential for an opt-out organ or kidney donor
registry.
(b) The advisory committee shall consist of the following members:
[(1) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
relating to public health, or their designees;
(2) One appointed by the Senate chairperson of the joint standing
committee of the General Assembly having cognizance of matters
relating to public health;
(3) One appointed by the House chairperson of the joint standing
committee of the General Assembly having cognizance of matters
relating to public health;
(4) One appointed by the Senate ranking member of the joint standing
committee of the General Assembly having cognizance of matters
relating to public health; Substitute House Bill No. 5500
Public Act No. 22-58 56 of 100
(5) One appointed by the House ranking member of the joint standing
committee of the General Assembly having cognizance of matters
relating to public health;]
[(6)] (1) One appointed by the speaker of t he House of
Representatives, who shall represent the renal provider community;
[(7)] (2) One appointed by the president pro tempore of the Senate,
who shall represent a medical center with a kidney-related program;
[(8)] (3) One appointed by the majority leader of the House of
Representatives;
[(9)] (4) One appointed by the majority leader of the Senate;
[(10)] (5) One appointed by the minority leader of the House of
Representatives;
[(11)] (6) One appointed by the minority leader of the Senate;
[(12)] (7) One appointed by the Governor;
[(13)] (8) The Commissioner of Public Health, or the commissioner's
designee;
[(14)] (9) One appointed by the chief executive officer of the National
Kidney Foundation;
[(15)] (10) One appointed by the chief executive officer of the
American Kidney Fund; and
[(16)] (11) At least three additional members appointed by the
chairpersons of the joint standing committee of the General Assembly
having cognizance of matters relating to public health, one of whom
shall represent the kidney physician community, one of whom shall
represent a nonprofit organ procurement organization, one of whom Substitute House Bill No. 5500
Public Act No. 22-58 57 of 100
shall represent the kidney patient community in this state and such
other members that such chairpersons, in their discretion, agree are
necessary to represent public health clinics, community health centers,
minority health organizations and health insurers.
(c) Any member of the advisory committee appointed under
subdivision (1), (2), (3), (4), (5), (6) [, (7), (8), (9), (10),] or (11) [or (16)] of
subsection (b) of this section may be a member of the General Assembly.
(d) All initial appointments to the advisory committee shall be made
not later than thirty days after [July 12, 2021] the effective date of this
section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro
tempore of the Senate shall select the chairpersons of the advisory
committee from among the members of the advisory committee. Such
chairpersons shall schedule the first meeting of the advisory committee,
which shall be held not later than sixty days after [July 12, 2021] the
effective date of this section. Meetings of the advisory committee may,
at the discretion of the chairpersons of the advisory committee, be
conducted on a virtual platform.
(f) The administrative staff of the advisory committee shall be
selected by the Office of Legislative Management in consultation with
the chairpersons of the advisory committee.
(g) Not later than January 1, [2022] 2024, and annually thereafter, the
advisory committee shall submit a report on its findings and
recommendations to the joint standing committee of the General
Assembly having cognizance of matters relating to public health in
accordance with the provisions of section 11-4a.
Sec. 50. Section 19a-127k of the general statutes is repealed and the
following is substituted in lieu thereof (Effective January 1, 2023): Substitute House Bill No. 5500
Public Act No. 22-58 58 of 100
(a) As used in this section:
(1) "Community benefit partners" means federal, state and municipal
government entities and private sector entities, including, but not
limited to, faith-based organizations, businesses, educational and
academic organizations, health care organizations, health departments,
philanthropic organizations, organizations specializing in housing
justice, planning and land use organizations, public safety
organizations, transportation organizations and tribal organizations,
that, in partnership with hospitals, play an essential role with respect to
the policy, system, program and financing solutions necessary to
achieve community benefit program goals;
[(1)] (2) "Community [benefits] benefit program" means any
voluntary program or activity to promote preventive health care,
protect health and safety, improve health equity and reduce health
disparities, reduce the cost and economic burden of poor health and [to]
improve the health status for [working families and] all populations [at
risk in the communities] within the geographic service areas of a
[managed care organization or a] hospital, [in accordance with
guidelines established pursuant to subsection (c) of this section;
(2) "Managed care organization" has the same meaning as provided
in section 38a-478;] regardless of whether a member of any such
population is a patient of such hospital;
(3) "Community benefit program reporting" means the community
health needs assessment, implementation strategy and annual report
submitted by a hospital to the Office of Health Strategy pursuant to the
provisions of this section;
(4) "Community health needs assessment" means a written
assessment, as described in 26 CFR 1.501(r)-(3);
(5) "Health disparities" means health differences that are closely Substitute House Bill No. 5500
Public Act No. 22-58 59 of 100
linked with social or economic disadvantages that adversely affect one
or more groups of people who have experienced greater systemic social
or economic obstacles to health or a safe environment based on race or
ethnicity, religion, socioeconomic status, gender, age, mental health,
cognitive, sensory or physical disability, sexual orientation, gender
identity, geographic location or other characteristics historically linked
to discrimination or exclusion;
(6) "Health equity" means that every person has a fair and just
opportunity to be as healthy as possible, which encompasses removing
obstacles to health, such as poverty, racism and the adverse
consequences of poverty and racism, including, but not limited to, a lack
of equitable opportunities, access to good jobs with fair pay, quality
education and housing, safe environments and health care;
[(3)] (7) "Hospital" [has the same meaning as provided in section 19a-
490.] means a nonprofit entity licensed as a hospital pursuant to chapter
368v that is required to annually file Internal Revenue Service form 990.
"Hospital" includes a for-profit entity licensed as an acute care general
hospital;
(8) "Implementation strategy" means a written plan, as described in
26 CFR 1.501(r)-(3), that is adopted by an authorized body of a hospital
and documents how such hospital intends to address the needs
identified in the community health needs assessment; and
(9) "Meaningful participation" means that (A) residents of a hospital's
community, including, but not limited to, residents of such community
that experience the greatest health disparities, have an appropriate
opportunity to participate in such hospital's planning and decisions, (B)
community participation influences a hospital's planning, and (C)
participants receive information from a hospital summarizing how their
input was or was not used by such hospital. Substitute House Bill No. 5500
Public Act No. 22-58 60 of 100
(b) [On or before January 1, 2005, and biennially thereafter, each
managed care organization and] On and after January 1, 2023, each
hospital shall submit community benefit program reporting to the
[Healthcare Advocate, or the Healthcare Advocate's designee, a report
on whether the managed care organization or hospital has in place a
community benefits program. If a managed care organization or
hospital elects to develop a community benefits program, the report
required by this subsection shall comply with the reporting
requirements of subsection (d) of this section] Office of Health Strategy,
or to a designee selected by the executive director of the Office of Health
Strategy, in the form and manner described in subsections (c) to (e),
inclusive, of this section.
[(c) A managed care organization or hospital may develop
community benefit guidelines intended to promote preventive care and
to improve the health status for working families and populations at
risk, whether or not those individuals are enrollees of the managed care
plan or patients of the hospital. The guidelines shall focus on the
following principles:
(1) Adoption and publication of a community benefits policy
statement setting forth the organization's or hospital's commitment to a
formal community benefits program;
(2) The responsibility for overseeing the development and
implementation of the community benefits program, the resources to be
allocated and the administrative mechanisms for the regular evaluation
of the program;
(3) Seeking assistance and meaningful participation from the
communities within the organization's or hospital's geographic service
areas in developing and implementing the program and in defining the
targeted populations and the specific health care needs it should
address. In doing so, the governing body or management of the Substitute House Bill No. 5500
Public Act No. 22-58 61 of 100
organization or hospital shall give priority to the public health needs
outlined in the most recent version of the state health plan prepared by
the Department of Public Health pursuant to section 19a-7; and
(4) Developing its program based upon an assessment of the health
care needs and resources of the targeted populations, particularly low
and middle-income, medically underserved populations and barriers to
accessing health care, including, but not limited to, cultural, linguistic
and physical barriers to accessible health care, lack of information on
available sources of health care coverage and services, and the benefits
of preventive health care. The program shall consider the health care
needs of a broad spectrum of age groups and health conditions.]
(c) Each hospital shall submit its community health needs assessment
to the Office of Health Strategy not later than thirty days after the date
on which such assessment is made available to the public pursuant to
26 CFR 1.501(r)-(3)(b), provided the executive director of the Office of
Health Strategy, or the executive director's designee, may grant an
extension of time to a hospital for the filing of such assessment. Such
submission shall contain the following:
(1) Consistent with the requirements set forth in 26 CFR 1.501(r)-
(3)(b)(6)(i), and as included in a hospital's federal filing submitted to the
Internal Revenue Service:
(A) A definition of the community served by the hospital and a
description of how the community was determined;
(B) A description of the process and methods used to conduct the
community health needs assessment;
(C) A description of how the hospital solicited and took into account
input received from persons who represent the broad interests of the
community it serves; Substitute House Bill No. 5500
Public Act No. 22-58 62 of 100
(D) A prioritized description of the significant health needs of the
community identified through the community health needs assessment,
and a description of the process and criteria used in identifying certain
health needs as significant and prioritizing those significant health
needs;
(E) A description of the resources potentially available to address the
significant health needs identified through the community health needs
assessment;
(F) An evaluation of the impact of any actions that were taken, since
the hospital finished conducting its immediately preceding community
health needs assessment, to address the significant health needs
identified in the hospital's prior community health needs assessment;
and
(2) Additional documentation of the following:
(A) The names of the individuals responsible for developing the
community health needs assessment;
(B) The demographics of the population within the geographic
service area of the hospital and, to the extent feasible, a detailed
description of the health disparities, health risks, insurance status,
service utilization patterns and health care costs within such geographic
service area;
(C) A description of the health status and health disparities affecting
the population within the geographic service area of the hospital,
including, but not limited to, the health status and health disparities
affecting a representative spectrum of age, racial and ethnic groups,
incomes and medically underserved populations;
(D) A description of the meaningful participation afforded to
community benefit partners and diverse community members in Substitute House Bill No. 5500
Public Act No. 22-58 63 of 100
assessing community health needs, priorities and target populations;
(E) A description of the barriers to achieving or maintaining health
and to accessing health care, including, but not limited to, social,
economic and environmental barriers, lack of access to or availability of
sources of health care coverage and services and a lack of access to and
availability of prevention and health promotion services and support;
(F) Recommendations regarding the role that the state and other
community benefit partners could play in removing the barriers
described in subparagraph (E) of this subdivision and enabling effective
solutions; and
(G) Any additional information, data or disclosures that the hospital
voluntarily chooses to include as may be relevant to its community
benefit program.
(d) Each hospital shall submit its implementation strategy to the
Office of Health Strategy not later than thirty days after the date on
which such implementation strategy is adopted pursuant to 26 CFR
1.501(r)-(3)(c), provided the executive director of the Office of Health
Strategy, or the executive director's designee, may grant an extension to
a hospital for the filing of such implementation strategy. Such
submission shall contain the following:
(1) Consistent with the requirements set forth in 26 CFR 1.501(r)-
(3)(b)(6)(i), and as included in a hospital's federal filing submitted to the
Internal Revenue Service:
(A) With respect to each significant health need identified through
the community health needs assessment, either (i) a description of how
the hospital plans to address the health need, or (ii) identification of the
health need as one which the hospital does not intend to address;
(B) For significant health needs described in subparagraph (A)(i) of Substitute House Bill No. 5500
Public Act No. 22-58 64 of 100
this subdivision, (i) a description of the actions that the hospital intends
to take to address the health need and the anticipated impact of such
actions, (ii) identification of the resources that the hospital plans to
commit to address the health need, and (iii) a description of any planned
collaboration between the hospital and other facilities or organizations
to address the health need;
(C) For significant health needs identified in subparagraph (A)(ii) of
this subdivision, an explanation of why the hospital does not intend to
address such health need; and
(2) Additional documentation of the following:
(A) The names of the individuals responsible for developing the
implementation strategy;
(B) A description of the meaningful participation afforded to
community benefit partners and diverse community members;
(C) A description of the community health needs and health
disparities that were prioritized in developing the implementation
strategy with consideration given to the most recent version of the state
health plan prepared by the Department of Public Health pursuant to
section 19a-7;
(D) Reference-citing evidence, if available, that shows how the
implementation strategy is intended to address the corresponding
health need or reduction in health disparity;
(E) A description of the planned methods for the ongoing evaluation
of proposed actions and corresponding process or outcome measures
intended for use in assessing progress or impact;
(F) A description of how the hospital solicited commentary on the
implementation strategy from the communities within such hospital's Substitute House Bill No. 5500
Public Act No. 22-58 65 of 100
geographic service area and revisions to such strategy based on such
commentary; and
(G) Any other information that the hospital voluntarily chooses to
include as may be relevant to its implementation strategy, including, but
not limited to, data, disclosures, expected or planned resource outlay,
investments or commitments, including, but not limited to, staff,
financial or in-kind commitments.
[(d) Each managed care organization and each hospital that chooses
to participate in developing a community benefits program shall
include in the biennial report required by subsection (b) of this section
the status of the program, if any, that the organization or hospital
established. If the managed care organization or hospital has chosen to
participate in a community benefits program, the report shall include
the following components: (1) The community benefits policy statement
of the managed care organization or hospital; (2) the mechanism by
which community participation is solicited and incorporated in the
community benefits program; (3) identification of community health
needs that were considered in developing and implementing the
community benefits program; (4) a narrative description of the
community benefits, community services, and preventive health
education provided or proposed, which may include measurements
related to the number of people served and health status outcomes; (5)
measures taken to evaluate the results of the community benefits
program and proposed revisions to the program; (6) to the extent
feasible, a community benefits budget and a good faith effort to measure
expenditures and administrative costs associated with the community
benefits program, including both cash and in-kind commitments; and
(7) a summary of the extent to which the managed care organization or
hospital has developed and met the guidelines listed in subsection (c) of
this section. Each managed care organization and each hospital shall
make a copy of the report available, upon request, to any member of the Substitute House Bill No. 5500
Public Act No. 22-58 66 of 100
public.]
(e) On or before October 1, 2023, and annually thereafter, each
hospital shall submit to the Office of Health Strategy a status report on
such hospital's community benefit program, provided the executive
director of the Office of Health Strategy, or the executive director's
designee, may grant an extension to a hospital for the filing of such
report. Such report shall include the following:
(1) A description of major updates regarding community health
needs, priorities and target populations, if any;
(2) A description of progress made regarding the hospital's actions in
support of its implementation strategy;
(3) A description of any major changes to the proposed
implementation strategy and associated hospital actions; and
(4) A description of financial resources and other resources allocated
or expended that supported the actions taken in support of the hospital's
implementation strategy.
(f) Notwithstanding the provisions of section 19a-755a, and to the full
extent permitted by 45 CFR 164.514(e), the Office of Health Strategy
shall make data in the all-payer claims database available to hospitals
for use in their community benefit programs and activities solely for the
purposes of (1) preparing the hospital's community health needs
assessment, (2) preparing and executing the hospital's implementation
strategy, and (3) fulfilling community benefit program reporting, as
described in subsections (c) to (e), inclusive, of this section. Any
disclosure made by said office pursuant to this subsection of
information other than health information shall be made in a manner to
protect the confidentiality of such information as may be required by
state or federal law. Substitute House Bill No. 5500
Public Act No. 22-58 67 of 100
(g) A hospital shall not be responsible for limitations in its ability to
fulfill community benefit program reporting requirements, as described
in subsections (c) to (e), inclusive, of this section, if the all-payer claims
database data is not provided to such hospital, as required by subsection
(f) of this section.
[(e)] (h) [The Healthcare Advocate, or the Healthcare Advocate's
designee, shall, within available appropriations,] On or before April 1,
2024, and annually thereafter, the executive director of the Office of
Health Strategy shall develop a summary and analysis of the
community benefits program [reports] reporting submitted by
[managed care organizations and] hospitals under this section [and shall
review such reports for adherence to the guidelines set forth in
subsection (c) of this section. Not later than October 1, 2005, and
biennially thereafter, the Healthcare Advocate, or the Healthcare
Advocate's designee, shall make such summary and analysis available
to the public upon request.] during the previous calendar year and post
such summary and analysis on its Internet web site and solicit
stakeholder input through a public comment period. The Office of
Health Strategy shall use such reporting and stakeholder input to:
(1) Identify additional stakeholders that may be engaged to address
identified community health needs including, but not limited to, federal,
state and municipal entities, nonhospital private sector health care
providers and private sector entities that are not health care providers,
including community-based organizations, insurers and charitable
organizations;
(2) Determine how each identified stakeholder could assist in
addressing identified community health needs or augmenting solutions
or approaches reported in the implementation strategies;
(3) Determine whether to make recommendations to the Department
of Public Health in the development of its state health plan; and Substitute House Bill No. 5500
Public Act No. 22-58 68 of 100
(4) Inform the state-wide health care facilities and services plan
established pursuant to section 19a-634.
[(f) The Healthcare Advocate may, after notice and opportunity for a
hearing, in accordance with chapter 54, impose a civil penalty on any
managed care organization or hospital that fails to submit the report
required pursuant to this section by the date specified in subsection (b)
of this section. Such penalty shall be not more than fifty dollars a day
for each day after the required submittal date that such report is not
submitted.]
(i) Each for-profit entity licensed as an acute care general hospital
shall submit community benefit program reporting consistent with the
reporting schedules of subsections (c) to (e), inclusive, of this section,
and reasonably similar to what would be included on such hospital's
federal filings to the Internal Revenue Service, where applicable.
Sec. 51. (NEW) (Effective from passage) (a) As used in this section:
(1) "Anatomical gift" means a donation of all or part of a human body
to take effect after the donor's death for the purpose of transplantation;
(2) "Intellectual disability" means a significant limitation in
intellectual functioning existing concurrently with deficits in adaptive
behavior that originated during the developmental period before
eighteen years of age;
(3) "Mental disability" means one or more mental disorders, as
defined in the most recent edition of the American Psychiatric
Association's "Diagnostic and Statistical Manual of Mental Disorders";
(4) "Organ" means all or part of a human liver, pancreas, kidney,
intestine or lung; and
(5) "Physical disability" means any chronic physical handicap, Substitute House Bill No. 5500
Public Act No. 22-58 69 of 100
infirmity or impairment, whether congenital or resulting from bodily
injury, organic processes or changes or from illness, including, but not
limited to, blindness, epilepsy, deafness or being hard of hearing or
reliance on a wheelchair or other remedial appliance or device.
(b) A person who is a candidate to receive an anatomical gift or an
organ from a living donor for transplantation shall not be deemed
ineligible to receive the anatomical gift or organ solely because of the
person's physical, mental or intellectual disability, except to the extent
that a physician has determined, following an evaluation of the person,
that the person's physical, mental or intellectual disability is medically
significant so as to contraindicate the acceptance of the anatomical gift
or organ. If a person has the necessary support to assist the person in
complying with post-transplant medical requirements, the person's
inability to comply with such requirements without assistance shall not
be deemed to be medically significant. The provisions of this subsection
shall apply to each part of the transplant process.
(c) Nothing in this section shall be construed to require a physician to
make a referral or recommendation for, or perform a medically
inappropriate transplant of an anatomical gift or organ.
Sec. 52. Section 19a-563 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective July
1, 2022):
(a) As used in this section [,] and sections 19a-563a to 19a-563h,
inclusive, as amended by this act: [, and sections 9 and 11 of public act
21-185:]
(1) "Nursing home" means any chronic and convalescent nursing
home or any rest home with nursing supervision that provides nursing
supervision under a medical director twenty-four hours per day, or any
chronic and convalescent nursing home that provides skilled nursing Substitute House Bill No. 5500
Public Act No. 22-58 70 of 100
care under medical supervision and direction to carry out nonsurgical
treatment and dietary procedures for chronic diseases, convalescent
stages, acute diseases or injuries; and
(2) "Dementia special care unit" means the unit of any assisted living
facility that locks, secures, segregates or provides a special program or
unit for residents with a diagnosis of probable Alzheimer's disease,
dementia or other similar disorder, in order to prevent or limit access by
a resident outside the designated or separated area, or that advertises or
markets the facility as providing specialized care or services for persons
suffering from Alzheimer's disease or dementia.
(b) Each nursing home and dementia special care unit with more than
sixty residents shall employ a full-time infection prevention and control
specialist. [who] Each nursing home and dementia special care unit with
sixty residents or less shall employ a part-time infection prevention and
control specialist. The infection prevention and control specialist shall
be responsible for the following:
(1) Ongoing training of all administrators and employees of the
nursing home or dementia special care unit on infection prevention and
control using multiple training methods, including, but not limited to,
in-person training and the provision of written materials in English and
Spanish;
(2) The inclusion of information regarding infection prevention and
control in the documentation that the nursing home or dementia special
care unit provides to residents regarding their rights while in the home
or unit and posting of such information in areas visible to residents;
(3) Participation as a member of the infection prevention and control
committee of the nursing home or dementia special care unit and
reporting to such committee at its regular meetings regarding the
training he or she has provided pursuant to subdivision (1) of this Substitute House Bill No. 5500
Public Act No. 22-58 71 of 100
subsection;
(4) The provision of training on infection prevention and control
methods to supplemental or replacement staff of the nursing home or
dementia special care unit in the event an infectious disease outbreak or
other situation reduces the staffing levels of the home or unit; and
(5) Any other duties or responsibilities deemed appropriate for the
infection prevention and control specialist, as determined by the
nursing home or dementia special care unit.
(c) Each nursing home and dementia special care unit shall require its
infection prevention and control specialist to [work on a rotating
schedule that ensures the specialist covers each eight-hour shift at least
once per month] implement procedures to monitor the infection
prevention and control practice of each daily shift for purposes of
ensuring compliance with relevant infection prevention and control
standards.
(d) An infection prevention and control specialist may provide
infection prevention and control services in accordance with the
provisions of this section to both a nursing home and a dementia special
care unit or to two nursing homes, provided (1) the nursing home and
dementia special care unit, or the two nursing homes, are (A) adjacently
located to or on the same campus as one another, and (B) commonly
owned or operated, and (2) the owner or operator of such nursing home
and dementia special care unit, or the two nursing homes, (A) submits
a written request to the Commissioner of Public Health, or the
commissioner's designee, in a form and manner prescribed by the
commissioner, for such infection prevention and control specialist to
provide infection prevention and control services in accordance with the
provisions of this section, and (B) receives notification from the
Commissioner of Public Health, or the commissioner's designee, that
such written request is approved. Substitute House Bill No. 5500
Public Act No. 22-58 72 of 100
(e) The Commissioner of Public Health may waive any requirement
of this section if the commissioner determines that doing so would not
endanger the life, safety or health of any resident or employee of a
nursing home or dementia special care unit. If the commissioner waives
any requirement, the commissioner may impose conditions that assure
the health, safety and welfare of the residents and employees of each
nursing home and dementia special care unit or revoke such waiver if
the commissioner finds that the health, safety or welfare of any resident
or employee of a nursing home or dementia special care unit has been
jeopardized by such waiver.
Sec. 53. Subdivision (2) of section 19a-693 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(2) "Assisted living services" means nursing services and assistance
with activities of daily living provided to residents living within (A) a
managed residential community having supportive services that
encourage persons primarily fifty-five years of age or older to maintain
a maximum level of independence, or (B) an elderly housing complex
receiving assistance and funding through the United States Department
of Housing and Urban Development's Assisted Living Conversion
Program.
Sec. 54. Section 19a-564 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective July
1, 2022):
(a) The Commissioner of Public Health shall license assisted living
services agencies, as defined in section 19a-490, as amended by this act.
A managed residential community wishing to provide assisted living
services shall become licensed as an assisted living services agency or
shall arrange for assisted living services to be provided by another entity
that is licensed as an assisted living services agency. Substitute House Bill No. 5500
Public Act No. 22-58 73 of 100
(b) A managed residential care community that intends to arrange for
assisted living services shall only do so with a currently licensed assisted
living services agency. Such managed residential community shall
submit an application to arrange for the assisted living services to the
Department of Public Health in a form and manner prescribed by the
commissioner.
(c) An elderly housing complex receiving assistance and funding
through the United States Department of Housing and Urban
Development's Assisted Living Conversion Program that intends to
arrange for assisted living services may do so with a currently licensed
assisted living services agency. Such elderly housing complex shall
inform the Department of Public Health of the arrangement upon
request in a form and manner prescribed by the commissioner and shall
not be required to register with the department as a managed residential
community.
[(c)] (d) An assisted living services agency providing services as a
dementia special care unit or program, as defined in section 19a-562,
shall obtain approval for such unit or program from the Department of
Public Health. Such assisted living services agencies shall ensure that
they have adequate staff to meet the needs of the residents. Each assisted
living services agency that provides services as a dementia special care
unit or program, as defined in section 19a-562, shall submit to the
Department of Public Health a list of dementia special care units or
locations and their staffing plans for any such units and locations when
completing an initial or a renewal licensure application, or upon request
from the department.
[(d)] (e) An assisted living services agency shall ensure that (1) all
services being provided on an individual basis to clients are fully
understood and agreed upon between either the client or the client's
representative, and (2) the client or the client's representative are made
aware of the cost of any such services. Substitute House Bill No. 5500
Public Act No. 22-58 74 of 100
[(e)] (f) The Department of Public Health may adopt regulations, in
accordance with the provisions of chapter 54, to carry out the purposes
of this section.
Sec. 55. Subsection (a) of section 19a-16d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) Any person or entity, acting on behalf of a health care profession
that seeks to establish a new scope of practice or change a profession's
scope of practice, [may] shall submit a written scope of practice request
to the Department of Public Health not later than August fifteenth of the
year preceding the commencement of the next regular session of the
General Assembly.
Sec. 56. Section 19a-408 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
After the termination of all proceedings for which the body is
required by the Chief Medical Examiner, the Deputy Chief Medical
Examiner, an associate medical examiner or an authorized assistant
medical examiner, the body shall be delivered to a person or persons
entitled by law to receive the same; but, if there are no such persons who
will take charge of and dispose of the body, then to the proper
authorities of the town in which the body is lying, whose duty it shall
be to dispose of it. Whenever the deceased person has not left property
sufficient to defray the expenses of disposition of the body, the same
shall be paid by such town. The Office of the Chief Medical Examiner
may take custody and coordinate the disposition of the body, including
cremation or burial, of such body. The Office of the Chief Medical
Examiner shall not proceed with the disposition of such body during the
twenty-one day period following the date of the pronouncement of
death and during such period of time shall make a reasonable effort,
including engaging the services of the law enforcement agency of the Substitute House Bill No. 5500
Public Act No. 22-58 75 of 100
town in which the deceased person died or of such deceased person's
residence to locate and contact any relatives of the deceased person. A
funeral director handling the disposition of the body of such deceased
person shall notify the Commissioner of Social Services in accordance
with sections 17b-84 and 17b-131, as amended by this act, for
reimbursement. The cremation certificate fee for any such disposition
shall be waived.
Sec. 57. Subsection (d) of section 45a-318 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(d) In the absence of a written designation of an individual pursuant
to subsection (a) of this section, or in the event that an individual and
any alternate designated pursuant to subsection (a) of this section
decline to act or cannot be located within forty-eight hours after the time
of death or the discovery of the body, the following individuals, in the
priority listed, shall have the right to custody and control of the
disposition of a person's body upon the death of such person, subject to
any directions for disposition made by such person, conservator or
agent pursuant to subdivision (1) or (2) of subsection (a) of this section:
(1) The deceased person's spouse, unless such spouse abandoned the
deceased person prior to the deceased person's death or has been
adjudged incapable by a court of competent jurisdiction;
(2) The deceased person's surviving adult children;
(3) The deceased person's surviving parents;
(4) The deceased person's surviving siblings;
(5) Any adult person in the next degree of kinship in the order named
by law to inherit the deceased person's estate, provided such adult
person shall be of the third degree of kinship or higher; [and] Substitute House Bill No. 5500
Public Act No. 22-58 76 of 100
(6) The Office of the Chief Medical Examiner; and
[(6)] (7) Such adult person as the Probate Court shall determine.
Sec. 58. Section 17b-131 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) When a person in any town, or sent from such town to any
licensed institution or state humane institution, dies or is found dead
therein and does not leave sufficient estate and has no legally liable
relative able to pay the cost of a proper funeral and burial, or upon the
death of any beneficiary under the state-administered general assistance
program, the Commissioner of Social Services shall give to such person
a proper funeral and burial, and shall pay a sum not exceeding one
thousand three hundred fifty dollars as an allowance toward the funeral
expenses of such decedent. Said sum shall be paid, upon submission of
a proper bill, to the funeral director, cemetery or crematory, as the case
may be. Such payment for funeral and burial expenses shall be reduced
by (1) the amount in any revocable or irrevocable funeral fund, (2) any
prepaid funeral contract, (3) the face value of any life insurance policy
owned by the decedent that names a funeral home, cemetery or
crematory as a beneficiary, (4) the net value of all liquid assets in the
decedent's estate, and (5) contributions in excess of three thousand four
hundred dollars toward such funeral and burial expenses from all other
sources including friends, relatives and all other persons, organizations,
agencies, veterans' programs and other benefit programs .
Notwithstanding the provisions of section 17b-90, whenever payment
for funeral, burial or cremation expenses is reduced due to liquid assets
in the decedent's estate, the commissioner may disclose information
concerning such liquid assets to the funeral director, cemetery or
crematory providing funeral, burial or cremation services for the
decedent.
(b) Notwithstanding the provisions of subsection (a) of this section Substitute House Bill No. 5500
Public Act No. 22-58 77 of 100
and section 17b-84, the Commissioner of Social Services shall, upon
submission of a proper bill, pay the maximum amount authorized
under subsection (a) of this section to a funeral director, cemetery or
crematory if the Chief Medical Examiner, or the Chief Medical
Examiner's designee, certifies that, after an investigation, the Office of
the Chief Medical Examiner was unable to locate any person with a
connection to the decedent, including a relative or friend, who was
willing to take possession of the decedent's remains, and that the
decedent's remains were therefore transferred to such funeral director,
cemetery or crematory for disposition.
[(b)] (c) The Commissioner of Social Services may adopt regulations,
in accordance with chapter 54, to implement the provisions of this
section.
Sec. 59. Section 19a-401 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) There is established a Commission on Medicolegal Investigations,
as an independent administrative commission, consisting of [nine] the
Commissioner of Public Health, or the commissioner's designee, and
eight members appointed by the Governor as follows: Two full
professors of pathology, two full professors of law, a member of the
Connecticut Medical Society, a member of the Connecticut Bar
Association, and two members of the public. [, selected by the Governor,
and the Commissioner of Public Health, or the commissioner's
designee.] The Governor shall appoint [the two full professors of
pathology and the two full professors of law from a panel of not less
than four such professors in the field of medicine and four such
professors in the field of law recommended by a committee composed
of the deans of the recognized schools and colleges of medicine and of
law in the state of Connecticut;] the member of the Connecticut Medical
Society from a panel of not less than three members of that society
recommended by the council of that society; and the member of the Substitute House Bill No. 5500
Public Act No. 22-58 78 of 100
Connecticut Bar Association from a panel of not less than three members
of that association recommended by [the board of governors of] that
association. [Initially, one professor of pathology, one professor of law,
the member of the Connecticut Medical Society, and one member of the
public shall serve for six years and until their successors are appointed,
and one professor of pathology, one professor of law, the member of the
Connecticut Bar Association and one member of the public shall serve
for three years, and until their successors are appointed.] All
appointments to full terms [subsequent to the initial appointments] shall
be for six years. Vacancies shall be filled for the expiration of the term of
the member being replaced. [in the same manner as original
appointments.] Members shall be eligible for reappointment. [under the
same conditions as are applicable to initial appointments.] The
commission shall elect annually one of its members as [chairman]
chairperson and one as [vice chairman] vice-chairperson. Members of
the commission shall receive no compensation but shall be reimbursed
for their actual expenses incurred in service on the commission. The
commission shall meet at least once each year and more often as its
duties require, upon the request of any two members and shall meet at
least once each year with those persons and groups that are affected by
commission policies and procedures. The commission shall adopt its
own rules for the conduct of its meetings.
(b) The commission shall adopt regulations, in accordance with
chapter 54, as necessary or appropriate to carry out effectively the
administrative provisions of this chapter.
Sec. 60. Section 19a-37 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
(a) As used in this section:
(1) "Laboratory or firm" means an environmental laboratory Substitute House Bill No. 5500
Public Act No. 22-58 79 of 100
registered by the Department of Public Health pursuant to section 19a-
29a;
(2) "Private well" means a water supply well that meets all of the
following criteria: (A) Is not a public well; (B) supplies a residential
population of less than twenty-five persons per day; and (C) is owned
or controlled through an easement or by the same entity that owns or
controls the building or parcel that is served by the water supply well;
(3) "Public well" means a water supply well that supplies a public
water system;
(4) "Semipublic well" means a water supply well that (A) does not
meet the definition of a private well or public well, and (B) provides
water for drinking and other domestic purposes; and
(5) "Water supply well" means an artificial excavation constructed by
any method for the purpose of obtaining or providing water for
drinking or other domestic, industrial, commercial, agricultural,
recreational or irrigation use, or other outdoor water use.
(b) (1) The Commissioner of Public Health may adopt regulations, [in
the regulations of Connecticut state agencies] in accordance with the
provisions of chapter 54, for the preservation of the public health
pertaining to [(1)] (A) protection and location of new water supply wells
or springs for residential or nonresidential construction or for public or
semipublic use, and [(2)] (B) inspection for compliance with the
provisions of municipal regulations adopted pursuant to section 22a-
354p.
(2) The Commissioner of Public Health shall adopt regulations, in
accordance with the provisions of chapter 54, for the testing of water
quality in private wells and semipublic wells.
(3) The Commissioner of Public Health shall adopt regulations, in Substitute House Bill No. 5500
Public Act No. 22-58 80 of 100
accordance with the provisions of chapter 54, to clarify the criteria under
which the commissioner may issue a well permit exception and to
describe the terms and conditions that shall be imposed when a well is
allowed at a premises that is connected to a public water supply system
or whose boundary is located within two hundred feet of an approved
community water supply system, measured along a street, alley or
easement. Such regulations shall (A) provide for notification of the
permit to the public water supplier, (B) address the (i) quality of the
water supplied from the well, (ii) means and extent to which the well
shall not be interconnected with the public water supply, (iii) need for a
physical separation and the installation of a reduced pressure device for
backflow prevention, and (iv) inspection and testing requirements of
any such reduced pressure device, and (C) identify the extent and
frequency of water quality testing required for the well supply.
(c) (1) [The Commissioner of Public Health shall adopt regulations, in
accordance with chapter 54, for the testing of water quality in private
wells and semipublic wells.] Any laboratory or firm which conducts a
water quality test on a private well serving a residential property or
semipublic well shall, not later than thirty days after the completion of
such test, report the results of such test to [(1)] (A) the public health
authority of the municipality where the property is located, and [(2)] (B)
the Department of Public Health in a format specified by the
department. [, provided such report shall only be required if the party
for whom the laboratory or firm conducted such test informs the
laboratory or firm identified on the chain of custody documentation
submitted with the test samples that the test was conducted in
connection with the sale of such property. No regulation may require
such a test to be conducted as a consequence or a condition of the sale,
exchange, transfer, purchase or rental of the real property on which the
private well or semipublic well is located.] Results submitted to the
Department of Public Health or the local health authority pursuant to
this subsection, information obtained from any Department of Public Substitute House Bill No. 5500
Public Act No. 22-58 81 of 100
Health or local health authority investigation regarding those results
and any Department of Public Health or local health authority study of
morbidity and mortality regarding the results shall be confidential
pursuant to section 19a-25.
(2) On and after October 1, 2022, the owner of each newly constructed
private well or semipublic well shall test the water quality of such well.
Such test shall be performed by a laboratory and include, but need not
be limited to, testing for coliform, nitrate, nitrite, sodium, chloride, iron,
lead, manganese, hardness, turbidity, pH, sulfate, apparent color, odor,
arsenic and uranium. The owner shall submit test results to the
Department of Public Health in a form and manner prescribed by the
Commissioner of Public Health.
(d) Prior to the sale, exchange, purchase, transfer or rental of real
property on which a private or semipublic well is located, the owner
shall provide the buyer or tenant notice that educational material
concerning private well testing is available on the Department of Public
Health web site. If the prospective buyer or tenant has hired a real estate
licensee to facilitate the property transaction, such real estate licensee,
or, if the prospective buyer or tenant has not hired a real estate licensee,
the owner, landlord or closing attorney shall provide to the buyer or
tenant an electronic or hard copy of educational material prepared by
the Department of Public Health that recommends testing for the
contaminants listed in subsection (c) of this section and any other
recommendation concerning well testing that the Department of Public
Health deems necessary. Failure to provide such notice or educational
material shall not invalidate any sale, exchange, purchase, transfer or
rental of real property. If the seller or landlord provides such notice or
educational material in writing, the seller or landlord and any real estate
licensee shall be deemed to have fully satisfied any duty to notify the
buyer or tenant. [that the subject real property is located in an area for
which there are reasonable grounds for testing under subsection (g) or Substitute House Bill No. 5500
Public Act No. 22-58 82 of 100
(j) of this section.]
[(e) The Commissioner of Public Health shall adopt regulations, in
accordance with chapter 54, to clarify the criteria under which the
commissioner may issue a well permit exception and to describe the
terms and conditions that shall be imposed when a well is allowed at a
premises (1) that is connected to a public water supply system, or (2)
whose boundary is located within two hundred feet of an approved
community water supply system, measured along a street, alley or
easement. Such regulations shall (A) provide for notification of the
permit to the public water supplier, (B) address the quality of the water
supplied from the well, the means and extent to which the well shall not
be interconnected with the public water supply, the need for a physical
separation, and the installation of a reduced pressure device for
backflow prevention, the inspection and testing requirements of any
such reduced pressure device, and (C) identify the extent and frequency
of water quality testing required for the well supply.]
[(f)] (e) No regulation may require that a certificate of occupancy for
a dwelling unit on such residential property be withheld or revoked on
the basis of a water quality test performed on a private well pursuant to
this section, unless such test results indicate that any maximum
contaminant level applicable to public water supply systems for any
contaminant listed in the regulations of Connecticut state agencies has
been exceeded. No administrative agency, health district or municipal
health officer may withhold or cause to be withheld such a certificate of
occupancy except as provided in this section.
[(g)] (f) (1) The local director of health may require a private well or
semipublic well to be tested for arsenic, radium, uranium, radon or
gross alpha emitters, when there are reasonable grounds to suspect that
such contaminants are present in the groundwater. For purposes of this
subsection, "reasonable grounds" means [(1)] (A) the existence of a
geological area known to have naturally occurring arsenic, radium, Substitute House Bill No. 5500
Public Act No. 22-58 83 of 100
uranium, radon or gross alpha emitter deposits in the bedrock; or [(2)]
(B) the well is located in an area in which it is known that arsenic,
radium, uranium, radon or gross alpha emitters are present in the
groundwater.
(2) The local director of health may require a private well or
semipublic well to be tested for pesticides, herbicides or organic
chemicals when there are reasonable grounds to suspect that any such
contaminants might be present in the groundwater. For purposes of this
subsection, "reasonable grounds" means (A) the presence of nitrate-
nitrogen in the groundwater at a concentration greater than ten
milligrams per liter, or (B) that the private well or semipublic well is
located on land, or in proximity to land, associated with the past or
present production, storage, use or disposal of organic chemicals as
identified in any public record.
[(h)] (g) Except as provided in subsection [(i)] (h) of this section, the
collection of samples for determining the water quality of private wells
and semipublic wells may be made only by (1) employees of a
laboratory or firm certified or approved by the Department of Public
Health to test drinking water, if such employees have been trained in
sample collection techniques, (2) certified water operators, (3) local
health departments and state employees trained in sample collection
techniques, or (4) individuals with training and experience that the
Department of Public Health deems sufficient.
[(i)] (h) Any owner of a residential construction, including, but not
limited to, a homeowner, on which a private well is located or any
general contractor of a new residential construction on which a private
well is located may collect samples of well water for submission to a
laboratory or firm for the purposes of testing water quality pursuant to
this section, provided (1) such laboratory or firm has provided
instructions to said owner or general contractor on how to collect such
samples, and (2) such owner or general contractor is identified to the Substitute House Bill No. 5500
Public Act No. 22-58 84 of 100
subsequent owner on a form to be prescribed by the Department of
Public Health. No regulation may prohibit or impede such collection or
analysis.
[(j) The local director of health may require private wells and
semipublic wells to be tested for pesticides, herbicides or organic
chemicals when there are reasonable grounds to suspect that any such
contaminants might be present in the groundwater. For purposes of this
subsection, "reasonable grounds" means (1) the presence of nitrate-
nitrogen in the groundwater at a concentration greater than ten
milligrams per liter, or (2) that the private well or semipublic well is
located on land, or in proximity to land, associated with the past or
present production, storage, use or disposal of organic chemicals as
identified in any public record.]
[(k)] (i) Any water transported in bulk by any means to a premises
currently supplied by a private well or semipublic well where the water
is to be used for purposes of drinking or domestic use shall be provided
by a bulk water hauler licensed pursuant to section 20-278h. No bulk
water hauler shall deliver water without first notifying the owner of the
premises of such delivery. Bulk water hauling to a premises currently
supplied by a private well or semipublic well shall be permitted only as
a temporary measure to alleviate a water supply shortage.
Sec. 61. Subsection (i) of section 19a-180 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(i) Notwithstanding the provisions of subsection (a) of this section,
any [volunteer, hospital-based or municipal ambulance service or any
ambulance service or paramedic intercept service operated and
maintained by a state agency] emergency medical services organization
that is licensed or certified and is a primary service area responder may
apply to the commissioner to add one emergency vehicle to its existing Substitute House Bill No. 5500
Public Act No. 22-58 85 of 100
fleet every three years, on a short form application prescribed by the
commissioner. No such [volunteer, hospital-based or municipal
ambulance service or any ambulance service or paramedic intercept
service] emergency medical services organization operated and
maintained by a state agency may add more than one emergency vehicle
to its existing fleet pursuant to this subsection regardless of the number
of municipalities served by such volunteer, hospital-based or municipal
ambulance service. Upon making such application, the applicant shall
notify in writing all other primary service area responders in any
municipality or abutting municipality in which the applicant proposes
to add the additional emergency vehicle. Except in the case where a
primary service area responder entitled to receive notification of such
application objects, in writing, to the commissioner not later than fifteen
calendar days after receiving such notice, the application shall be
deemed approved thirty calendar days after filing. If any such primary
service area responder files an objection with the commissioner within
the fifteen-calendar-day time period and requests a hearing, the
applicant shall be required to demonstrate need at a public hearing as
required under subsection (a) of this section.
Sec. 62. (Effective from passage) Not later than July 1, 2022, the
Commissioner of Public Health shall convene a working group of
representatives of hospitals, nursing homes and water companies for
the purpose of identifying issues, evaluating data, determining
appropriate action timelines and developing solutions regarding the
prevention and mitigation of legionella in hospitals, nursing homes and
other health care facilities. Not later than December 31, 2022, the
Commissioner of Public Health shall report, in accordance with section
11-4a of the general statutes, to the joint standing committee of the
General Assembly having cognizance of matters relating to public
health on the efforts of such working group and its recommendations
for legislation, regulations or other changes concerning the prevention
and mitigation of legionella in hospitals, nursing homes and other Substitute House Bill No. 5500
Public Act No. 22-58 86 of 100
health care facilities. The working group shall terminate on the date it
submits such report or December 31, 2022, whichever is earlier.
Sec. 63. Section 19a-903b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
A hospital, as defined in section 19a-490b, may designate any
licensed health care provider and any certified ultrasound or nuclear
medicine, or polysomnographic technologist to perform the following
oxygen-related patient care activities in a hospital: (1) Connecting or
disconnecting oxygen supply; (2) transporting a portable oxygen source;
(3) connecting, disconnecting or adjusting the mask, tubes and other
patient oxygen delivery apparatus; and (4) adjusting the rate or flow of
oxygen consistent with a medical order. Such provider or technologist
may perform such activities only to the extent permitted by hospital
policies and procedures, including bylaws, rules and regulations
applicable to the medical staff. A hospital shall document that each
person designated to perform oxygen-related patient care activities has
been properly trained, either through such person's professional
education or through training provided by the hospital. In addition, a
hospital shall require that such person satisfy annual competency
testing. Nothing in this section shall be construed to prohibit a hospital
from designating persons who are authorized to transport a patient with
a portable oxygen source. The provisions of this section shall not apply
to any type of ventilator, continuous positive airway pressure or bi-level
positive airway pressure units or any other noninvasive positive
pressure ventilation.
Sec. 64. Section 17a-52 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) There is established a [Youth] Connecticut Suicide Advisory
Board, within the Department of Children and Families, which shall be
a coordinating source for suicide prevention across a person's lifespan, Substitute House Bill No. 5500
Public Act No. 22-58 87 of 100
including, but not limited to, youth suicide prevention. The board [shall
consist of twenty members, which shall include] may include (1)
representatives from suicide prevention foundations, youth-serving
organizations, law enforcement agencies, religious or fraternal
organizations, civic or volunteer groups, state and local government
agencies, tribal governments or organizations, health care providers or
local organizations with expertise in the mental health of children or
adults or mental health issues with a focus on suicide prevention, (2)
one psychiatrist licensed to practice medicine in this state, (3) one
psychologist licensed in this state, (4) one representative of a local or
regional board of education, (5) one high school teacher, (6) one high
school student, (7) one college or university faculty member, (8) one
college or university student, [and] (9) one parent, and (10) a person
who has experienced suicide ideation or loss, all appointed by the
Commissioner of Children and Families. [,] The board shall include one
representative of the Department of Public Health appointed by the
Commissioner of Public Health, one representative of the state
Department of Education appointed by the Commissioner of Education
and one representative of the Board of Regents for Higher Education
appointed by the president of the Connecticut State Colleges and
Universities. [The balance of the board shall be comprised of persons
with expertise in the mental health of children or mental health issues
with a focus on suicide prevention and shall be appointed by the
Commissioner of Children and Families. Members of the board shall
serve for two-year terms, without compensation. Any member who fails
to attend three consecutive meetings or fifty per cent of all meetings held
during any calendar year shall be deemed to have resigned from the
board. The Commissioner] The Commissioners of Children and
Families and Mental Health and Addiction Services, or the
commissioners' designees, shall [be a nonvoting, ex-officio member of
the board. The board shall elect a chairman, and a vice-chairman to act
in the chairman's absence] serve as cochairpersons of the board and may
appoint a representative of a local organization with expertise in mental Substitute House Bill No. 5500
Public Act No. 22-58 88 of 100
health or a suicide prevention foundation to serve as a third
cochairperson of the board. The board may adopt bylaws to govern it
and its meetings.
(b) The board shall: (1) Increase public awareness of the existence of
[youth] suicide and means of suicide prevention across a person's
lifespan; (2) make recommendations to the [commissioner]
Commissioners of Children and Families and Mental Health and
Addiction Services for the development of state-wide training in the
prevention of [youth] suicide; (3) develop a state-wide strategic [youth]
suicide prevention plan; (4) recommend interagency policies and
procedures for the coordination of services [for youths and families] in
the area of suicide prevention, intervention and response; (5) make
recommendations for the establishment and implementation of suicide
prevention, intervention and response procedures in schools and
communities; (6) establish a coordinated system for the utilization of
data for the prevention of [youth] suicide; (7) make recommendations
concerning the integration of suicide prevention and intervention
strategies into [other] youth-focused prevention and intervention
programs; and (8) periodically offer, within available appropriations,
[youth] suicide prevention training and education for health care and
behavioral health care providers, school employees, faculty members of
institutions of higher education and other persons who provide services
to children, [young] adults and families.
Sec. 65. Subsection (b) of section 20-10b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(b) Except as otherwise provided in subsections (d), (e) and (f) of this
section, a licensee applying for license renewal shall earn a minimum of
fifty contact hours of continuing medical education within the
preceding twenty-four-month period. Such continuing medical
education shall (1) be in an area of the physician's practice; (2) reflect the Substitute House Bill No. 5500
Public Act No. 22-58 89 of 100
professional needs of the licensee in order to meet the health care needs
of the public; and (3) during the first renewal period in which continuing
medical education is required and not less than once every six years
thereafter, include at least one contact hour of training or education in
each of the following topics: (A) Infectious diseases, including, but not
limited to, acquired immune deficiency syndrome and human
immunodeficiency virus, (B) risk management, including, but not
limited to, prescribing controlled substances and pain management,
and, for registration periods beginning on or after October 1, 2019, such
risk management continuing medical education may also include
screening for inflammatory breast cancer and gastrointestinal cancers,
including colon, gastric, pancreatic and neuroendocrine cancers and
other rare gastrointestinal tumors, (C) sexual assault, (D) domestic
violence, (E) cultural competency, and (F) behavioral health, provided
further that on and after January 1, 2016, such behavioral health
continuing medical education may include, but not be limited to, at least
two contact hours of training or education during the first renewal
period in which continuing education is required and not less than once
every six years thereafter, on (i) suicide prevention, or (ii) diagnosing
and treating [(i)] (I) cognitive conditions, including, but not limited to,
Alzheimer's disease, dementia, delirium, related cognitive impairments
and geriatric depression, or [(ii)] (II) mental health conditions,
including, but not limited to, mental health conditions common to
veterans and family members of veterans. Training for mental health
conditions common to veterans and family members of veterans shall
include best practices for [(I)] determining whether a patient is a veteran
or family member of a veteran, [(II)] screening for conditions such as
post-traumatic stress disorder, risk of suicide, depression and grief, and
[(III)] suicide prevention training. For purposes of this section,
qualifying continuing medical education activities include, but are not
limited to, courses offered or approved by the American Medical
Association, American Osteopathic Association, Connecticut Hospital
Association, Connecticut State Medical Society, Connecticut Substitute House Bill No. 5500
Public Act No. 22-58 90 of 100
Osteopathic Medical Society, county medical societies or equivalent
organizations in another jurisdiction, educational offerings sponsored
by a hospital or other health care institution or courses offered by a
regionally accredited academic institution or a state or local health
department. The commissioner, or the commissioner's designee, may
grant a waiver for not more than ten contact hours of continuing medical
education for a physician who [: (I) Engages] engages in activities
related to the physician's service as a member of the Connecticut
Medical Examining Board, established pursuant to section 20-8a, [; (II)]
engages in activities related to the physician's service as a member of a
medical hearing panel, pursuant to section 20-8a, [; or (III)] or assists the
department with its duties to boards and commissions as described in
section 19a-14.
Sec. 66. Subdivision (6) of subsection (b) of section 10-222q of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2022):
(6) Three appointed by the minority leader of the Senate, one of
whom is a representative of the Connecticut Education Association; one
of whom is a representative of the National Alliance on Mental Illness,
Connecticut; and one of whom is a representative of the [Youth]
Connecticut Suicide Advisory Board established pursuant to section
17a-52, as amended by this act;
Sec. 67. (NEW) (Effective July 1, 2022) (a) As used in this section:
(1) "Hospital" means an establishment licensed pursuant to chapter
368v of the general statutes for the lodging, care and treatment of
persons suffering from disease or other abnormal physical or mental
conditions;
(2) "Outpatient surgical facility" means any entity, individual, firm,
partnership, corporation, limited liability company or association, other Substitute House Bill No. 5500
Public Act No. 22-58 91 of 100
than a hospital, licensed pursuant to chapter 368v of the general statutes
to engage in providing surgical services or diagnostic procedures for
human health conditions that include the use of moderate or deep
sedation, moderate or deep analgesia or general anesthesia, as such
levels of anesthesia are defined from time to time by the American
Society of Anesthesiologists, or by such other professional or accrediting
entity recognized by the Department of Public Health;
(3) "Surgical smoke" means the by-product of the use of an energy-
generating device during surgery, including, but not limited to, surgical
plume, smoke plume, bioaerosols, laser -generated airborne
contaminants and lung-damaging dust. "Surgical smoke" does not
include the by-product of the use of an energy-generating device during
a gastroenterological or ophthalmic procedure, which by-product is not
emitted into the operating room during surgery; and
(4) "Surgical smoke evacuation system" means a system, including,
but not limited to, a smoke evacuator, laser plume evacuator or local
exhaust ventilator that captures and neutralizes surgical smoke (A) at
the site of origin of such surgical smoke, and (B) before the surgical
smoke makes contact with the eyes or respiratory tract of any person in
an operating room during surgery.
(b) Not later than January 1, 2024, each hospital and outpatient
surgical facility shall develop a policy for the use of a surgical smoke
evacuation system to prevent a person's exposure to surgical smoke.
Not later than January 1, 2024, each hospital and outpatient facility shall
implement such policy and, upon request, provide a copy of such policy
to the Department of Public Health.
Sec. 68. Section 19a-7o of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) For purposes of this section: Substitute House Bill No. 5500
Public Act No. 22-58 92 of 100
(1) "Hepatitis C screening test" means a laboratory test that detects
the presence of hepatitis C virus antibodies in the blood;
(2) "Hepatitis C diagnostic test" means a laboratory test that detects
the presence of hepatitis C virus in the blood and provides confirmation
of whether the person whose blood is being tested has a hepatitis C virus
infection;
(3) "HIV infection" means infection with the human
immunodeficiency virus or any other related virus identified as a
probable causative agent of acquired immune deficiency syndrome, as
defined by the Centers for Disease Control of the United States Public
Health Service;
(4) "HIV–related test" means any laboratory test or series of tests for
any virus, antibody, antigen or etiologic agent whatsoever thought to
cause or indicate the presence of HIV infection;
[(3)] (5) "Primary care provider" means a physician, advanced
practice registered nurse or physician assistant who provides primary
care services and is licensed by the Department of Public Health
pursuant to title 20; and
[(4)] (6) "Primary care" means the medical fields of family medicine,
general pediatrics, primary care, internal medicine, primary care
obstetrics or primary care gynecology, without regard to board
certification.
(b) [On and after October 1, 2014, a] A primary care provider shall
offer to provide to, or order for, each patient who was born between
1945 to 1965, inclusive, a hepatitis C screening test or hepatitis C
diagnostic test at the time the primary care provider provides services
to such patient, except a primary care provider is not required to offer
to provide to, or order for, such patient a hepatitis C screening test or
hepatitis C diagnostic test when the primary care provider reasonably Substitute House Bill No. 5500
Public Act No. 22-58 93 of 100
believes: (1) Such patient is being treated for a life-threatening
emergency; (2) such patient has previously been offered or has received
a hepatitis C screening test; or (3) such patient lacks the capacity to
consent to a hepatitis C screening test.
(c) On and after January 1, 2023, a primary care provider, or such
provider's designee, shall offer to provide to, order for, or arrange for
the order for, each patient who is thirteen years of age or older, an HIV-
related test, except a primary care provider, or such provider's designee,
is not required to offer to provide to, or order for, such patient an HIV-
related test when the primary care provider reasonably believes: (1)
Such patient is being treated for a life-threatening emergency; (2) such
patient has previously been offered or has received an HIV-related test;
or (3) such patient lacks the capacity to consent to an HIV-related test.
The primary care provider, or such provider's designee, shall comply
with all requirements concerning HIV-related testing and HIV-related
information prescribed in chapter 368x.
Sec. 69. (NEW) (Effective October 1, 2022) (a) On and after January 1,
2024, an employee or a staff member of a hospital licensed under chapter
386v of the general statutes who is treating a patient thirteen years of
age or older in the emergency department shall offer the patient an HIV-
related test unless the employee or staff member documents that any of
the following conditions have been met: (1) The patient is being treated
for a life-threatening emergency; (2) the patient received an HIV-related
test in the preceding year; (3) the patient lacks the capacity to provide
general consent to the HIV-related test as required under subsection (a)
of section 19a-582 of the general statutes; or (4) the patient declines the
HIV-related test. Any hospital employee or staff member offering an
HIV-related test under this subsection shall comply with all
requirements concerning HIV-testing and HIV-related information
prescribed in chapter 368x of the general statutes.
(b) Prior to January 1, 2024, each hospital shall develop protocols, in Substitute House Bill No. 5500
Public Act No. 22-58 94 of 100
accordance with the provisions of section 19a-582 of the general statutes,
for implementing the HIV-related testing required under subsection (a)
of this section, including, but not limited to, the following: (1) Offering
and providing such testing to a patient and notifying the patient of the
results of such testing; (2) tracking and documenting the number of
HIV-related tests that were performed, the number of HIV-related tests
that were declined, and the results of the HIV-related tests; (3) reporting
of positive HIV-related test results to the Department of Public Health
pursuant to section 19a-215 of the general statutes, as amended by this
act; and (4) referring patients who test positive for the human
immunodeficiency virus to an appropriate health care provider for
treatment of such virus. A hospital may collaborate with a municipal
health department, district department of health, regional mental health
board, emergency medical services council or community organization
in developing and implementing such protocols.
Sec. 70. (Effective from passage) The Commissioner of Public Health
shall conduct a review of statutes and regulations pertaining to, or
otherwise impacting, the practice of plasmapheresis, clinical
laboratories, and blood donation centers in the state. For purposes of
such review, the commissioner shall (1) consult clinical laboratories,
businesses and nonprofit organizations with expertise in the practice of
clinical laboratory operations and facilities, plasmapheresis and blood
collection, and (2) review the federal regulations governing the practice
of plasmapheresis and blood collections. Not later than January 1, 2023,
the commissioner shall report, in accordance with the provisions of
section 11-4a of the general statutes, regarding such review and make
recommendations regarding how the state may better align with federal
requirements for clinical laboratories, plasmapheresis and blood
collection while maintaining a high level of donor safety.
Sec. 71. Subsection (g) of section 17b-451 of the 2022 supplement to
the general statutes, as amended by section 12 of public act 22-57, is Substitute House Bill No. 5500
Public Act No. 22-58 95 of 100
repealed and the following is substituted in lieu thereof (Effective from
passage):
(g) The Commissioner of Social Services shall develop an educational
training program to promote and encourage the accurate and prompt
identification and reporting of abuse, neglect, exploitation and
abandonment of elderly persons. Such training program shall be made
available on the Internet web site of the Department of Social Services
to mandatory reporters and other interested persons. The commissioner
shall also make such training available in person or otherwise at various
times and locations throughout the state as determined by the
commissioner. Except for a mandatory reporter who has received
training from an institution, organization, agency or facility required to
provide such training pursuant to subsection (a) of this section, a
mandatory reporter shall complete the educational training program
developed by the commissioner, or an alternate program approved by
the commissioner, not later than [December 31, 2022] June 30, 2023, or
not later than ninety days after becoming a mandatory reporter.
Sec. 72. Subsection (i) of section 17a-412 of the 2022 supplement to the
general statutes, as amended by section 13 of public act 22-57, is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(i) Any person required to report suspected abuse, neglect,
exploitation or abandonment pursuant to subsection (a) of this section
shall complete the educational training program provided by the
Commissioner of Social Services pursuant to subsection (g) of section
17b-451, as amended by [this act] public act 22-57, or an alternate
program approved by the commissioner, not later than [December 31,
2022] June 30, 2023, or not later than ninety days after beginning
employment as a person required to report suspected abuse, neglect,
exploitation or abandonment pursuant to subsection (a) of this section. Substitute House Bill No. 5500
Public Act No. 22-58 96 of 100
Sec. 73. (NEW) (Effective from passage) (a) As used in this section: (1)
"Health care facility" means a hospital or an outpatient clinic, as such
terms are defined in section 19a-490 of the general statutes, a long-term
care facility, as defined in section 17a-405 of the general statutes, and a
hospice facility, licensed pursuant to section 19a-122b of the general
statutes; and (2) "medical diagnostic equipment" means (A) an
examination table, (B) an examination chair, (C) a weight scale, (D)
mammography equipment, and (E) x -ray, imaging and other
radiological diagnostic equipment.
(b) On and after January 1, 2023, each health care facility shall take
into consideration the technical standards for accessibility developed by
the federal Architectural and Transportation Barriers Compliance Board
in accordance with Section 4203 of the Patient Protection and Affordable
Care Act, P.L. 111-148, as amended from time to time, when purchasing
medical diagnostic equipment.
(c) Not later than December 1, 2022, and annually thereafter, the
Commissioner of Public Health shall notify each health care facility,
physician licensed pursuant to chapter 370 of the general statutes,
physician assistant licensed pursuant to chapter 370 of the general
statutes and advanced practice registered nurse licensed pursuant to
chapter 378 of the general statutes, of information pertaining to the
provision of health care to individuals with accessibility needs,
including, but not limited to, the technical standards for accessibility
developed by the federal Architectural and Transportation Barriers
Compliance Board in accordance with Section 4203 of the Patient
Protection and Affordable Care Act, P.L. 111-148, as amended from time
to time, for medical diagnostic equipment. The Department of Public
Health shall post such information on its Internet web site.
Sec. 74. (Effective from passage) (a) There is established a task force to
study assisted living services agencies that provide services as a
dementia special care unit or program, as defined in section 19a-562 of Substitute House Bill No. 5500
Public Act No. 22-58 97 of 100
the general statutes. Such study shall include, but need not be limited
to, an examination of (1) the regulation of such agencies by the
Department of Public Health and whether additional oversight by the
department is required, (2) whether minimum staffing levels for such
agencies should be required, and (3) the maintenance of records by such
agencies of meals served to, bathing of, administration of medication to
and the overall health of each resident.
(b) The task force shall consist of the following members:
(1) Two appointed by the speaker of the House of Representatives;
(2) Two appointed by the president pro tempore of the Senate;
(3) One appointed by the majority leader of the House of
Representatives;
(4) One appointed by the majority leader of the Senate;
(5) One appointed by the minority leader of the House of
Representatives;
(6) One appointed by the minority leader of the Senate; and
(7) The Commissioner of Public Health, or the commissioner's
designee.
(c) Any member of the task force appointed under subdivision (1),
(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
of the General Assembly.
(d) All initial appointments to the task force shall be made not later
than thirty days after the effective date of this section. Any vacancy shall
be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro Substitute House Bill No. 5500
Public Act No. 22-58 98 of 100
tempore of the Senate shall select the chairpersons of the task force from
among the members of the task force. Such chairpersons shall schedule
the first meeting of the task force, which shall be held not later than sixty
days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to public
health shall serve as administrative staff of the task force.
(g) Not later than January 1, 2023, the task force shall submit a report
on its findings and recommendations to the joint standing committee of
the General Assembly having cognizance of matters relating to public
health, in accordance with the provisions of section 11-4a of the general
statutes. The task force shall terminate on the date that it submits such
report or January 1, 2023, whichever is later.
Sec. 75. Section 19a-59i of the 2022 supplement to the general statutes
is amended by adding subsection (g) as follows (Effective from passage):
(NEW) (g) Not later than January 1, 2023, the maternal mortality
review committee shall develop educational materials regarding:
(1) The health and safety of pregnant and postpartum persons with
mental health disorders, including, but not limited to, perinatal mood
and anxiety disorders, for distribution by the Department of Public
Health to each birthing hospital in the state. As used in this subdivision,
"birthing hospital" means a health care facility, as defined in section 19a-
630, operated and maintained in whole or in part for the purpose of
caring for patients during the delivery of a child and for a postpartum
person and such person's newborn following birth;
(2) Evidence-based screening tools for screening patients for intimate
partner violence, peripartum mood disorders and substance use
disorder for distribution by the Department of Public Health to
obstetricians and other health care providers who practice obstetrics; Substitute House Bill No. 5500
Public Act No. 22-58 99 of 100
and
(3) Indicators of intimate partner violence for distribution by the
Department of Public Health to (A) hospitals for use by health care
providers in the emergency department and hospital social workers,
and (B) obstetricians and other health care providers who practice
obstetrics.
Sec. 76. (NEW) (Effective July 1, 2022) (a) As used in this section,
"birthing hospital" means a health care facility, as defined in section 19a-
630 of the general statutes, operated and maintained in whole or in part
for the purpose of caring for a person during the delivery of a child and
for a postpartum person and such person's newborn following birth.
(b) On and after October 1, 2022, each birthing hospital shall provide
to each patient who has undergone a caesarean section written
information regarding the importance of mobility following a caesarean
section and the risks associated with immobility following a caesarean
section.
(c) Not later than January 1, 2023, each birthing hospital shall
establish a patient portal through which a postpartum patient can
virtually access, through an Internet web site or application, any
educational materials and other information that the birthing hospital
provided to the patient during the patient's stay at the birthing hospital
and at the time of the patient's discharge from the birthing hospital.
(d) On and after January 1, 2023, each birthing hospital shall provide
to each postpartum patient the educational materials regarding the
health and safety of pregnant and postpartum persons with mental
health disorders, including, but not limited to, perinatal mood and
anxiety disorders, developed by the maternal mortality review
committee pursuant to subsection (g) of section 19a-59i of the general
statutes, as amended by this act. Substitute House Bill No. 5500
Public Act No. 22-58 100 of 100
Sec. 77. Subsection (a) of section 10-29a of the 2022 supplement to the
general statutes is amended by adding subdivisions (104) and (105) as
follows (Effective from passage):
(NEW) (104) Maternal Mental Health Month. The Governor shall
proclaim the month of May of each year to be Maternal Mental Health
Month, to raise awareness of issues surrounding maternal mental
health. Suitable exercises may be held in the State Capitol and elsewhere
as the Governor designates for the observance of the month.
(NEW) (105) Maternal Mental Health Day. The Governor shall
proclaim May fifth of each year to be Maternal Mental Health Day, to
raise awareness of issues surrounding maternal mental health. Suitable
exercises may be held in the State Capitol and elsewhere as the
Governor designates for the observance of the day.
Sec. 78. Section 19a-6f of the general statutes is repealed. (Effective
October 1, 2022)