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3 | 3 | | LCO No. 1097 1 of 18 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 210 |
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6 | 6 | | February Session, 2024 |
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7 | 7 | | LCO No. 1097 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on INSURANCE AND REAL ESTATE |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (INS) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING A STATE -OPERATED REINSURANCE |
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20 | 20 | | PROGRAM, HEALTH CARE COST GROWTH AND SITE OF SERVICE |
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21 | 21 | | BILLING REQUIREMENTS. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. (NEW) (Effective from passage) (a) For the purposes of this 1 |
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26 | 26 | | section: 2 |
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27 | 27 | | (1) "Affordable Care Act" has the same meaning as provided in 3 |
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28 | 28 | | section 38a-1080 of the general statutes; 4 |
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29 | 29 | | (2) "Exchange" means the Connecticut Health Insurance Exchange 5 |
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30 | 30 | | established under section 38a-1081 of the general statutes; 6 |
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31 | 31 | | (3) "Health benefit plan" has the same meaning as provided in section 7 |
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32 | 32 | | 38a-1080 of the general statutes; and 8 |
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33 | 33 | | (4) "Office" means the Office of Health Strategy established under 9 |
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34 | 34 | | section 19a-754a of the general statutes, as amended by this act. 10 |
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35 | 35 | | (b) The office shall, in conjunction with the Office of Policy and 11 |
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36 | 36 | | Management, the Insurance Department and the Health Reinsurance 12 Raised Bill No. 210 |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | LCO No. 1097 2 of 18 |
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41 | 41 | | |
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42 | 42 | | Association created under section 38a-556 of the general statutes, seek a 13 |
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43 | 43 | | state innovation waiver under Section 1332 of the Affordable Care Act 14 |
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44 | 44 | | to establish a reinsurance program pursuant to subsection (d) of this 15 |
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45 | 45 | | section. 16 |
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46 | 46 | | (c) Subject to the approval of a waiver described in subsection (b) of 17 |
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47 | 47 | | this section, the office, not later than September 1, 2025, for plan year 18 |
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48 | 48 | | 2026, and annually thereafter for the subsequent plan year, shall: 19 |
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49 | 49 | | (1) Determine the amount needed, not to exceed twenty-one million 20 |
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50 | 50 | | two hundred ten thousand dollars, annually, to fund the reinsurance 21 |
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51 | 51 | | program established pursuant to subsection (d) of this section; and 22 |
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52 | 52 | | (2) Inform the Office of Policy and Management of the amount 23 |
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53 | 53 | | determined pursuant to subdivision (1) of this subsection. 24 |
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54 | 54 | | (d) The amount set forth in subsection (c) of this section shall be 25 |
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55 | 55 | | utilized to establish a reinsurance program for the individual health 26 |
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56 | 56 | | insurance market designed to lower premiums on health benefit plans 27 |
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57 | 57 | | sold in such market, on and off the exchange, provided the federal 28 |
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58 | 58 | | government approves the waiver described in subsection (b) of this 29 |
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59 | 59 | | section. Any such reinsurance program shall be administered by the 30 |
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60 | 60 | | Health Reinsurance Association. The State Treasurer shall annually pay 31 |
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61 | 61 | | the amount as described in subsection (c) of this section for the purpose 32 |
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62 | 62 | | of administering such reinsurance program. 33 |
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63 | 63 | | (e) If the waiver described in subsection (b) of this section terminates 34 |
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64 | 64 | | and the office does not obtain another waiver pursuant to subsection (b) 35 |
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65 | 65 | | of this section, the State Treasurer shall cease paying the amount 36 |
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66 | 66 | | described in subsection (c) of this section for the purpose of 37 |
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67 | 67 | | administering the reinsurance program established pursuant to 38 |
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68 | 68 | | subsection (d) of this section. 39 |
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69 | 69 | | Sec. 2. Subsection (b) of section 19a-754a of the 2024 supplement to 40 |
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70 | 70 | | the general statutes is repealed and the following is substituted in lieu 41 |
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71 | 71 | | thereof (Effective October 1, 2024): 42 Raised Bill No. 210 |
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72 | 72 | | |
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73 | 73 | | |
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74 | 74 | | |
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75 | 75 | | LCO No. 1097 3 of 18 |
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76 | 76 | | |
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77 | 77 | | (b) The Office of Health Strategy shall be responsible for the 43 |
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78 | 78 | | following: 44 |
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79 | 79 | | (1) Developing and implementing a comprehensive and cohesive 45 |
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80 | 80 | | health care vision for the state, including, but not limited to, a 46 |
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81 | 81 | | coordinated state health care cost containment strategy; 47 |
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82 | 82 | | (2) Promoting effective health planning and the provision of quality 48 |
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83 | 83 | | health care in the state in a manner that ensures access for all state 49 |
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84 | 84 | | residents to cost-effective health care services, avoids the duplication of 50 |
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85 | 85 | | such services and improves the availability and financial stability of 51 |
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86 | 86 | | such services throughout the state; 52 |
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87 | 87 | | (3) Directing and overseeing the State Innovation Model Initiative 53 |
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88 | 88 | | and related successor initiatives; 54 |
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89 | 89 | | (4) (A) Coordinating the state's health information technology 55 |
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90 | 90 | | initiatives, (B) seeking funding for and overseeing the planning, 56 |
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91 | 91 | | implementation and development of policies and procedures for the 57 |
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92 | 92 | | administration of the all-payer claims database program established 58 |
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93 | 93 | | under section 19a-775a, (C) establishing and maintaining a consumer 59 |
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94 | 94 | | health information Internet web site under section 19a-755b, and (D) 60 |
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95 | 95 | | designating an unclassified individual from the office to perform the 61 |
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96 | 96 | | duties of a health information technology officer as set forth in sections 62 |
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97 | 97 | | 17b-59f and 17b-59g; 63 |
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98 | 98 | | (5) Directing and overseeing the Health Systems Planning Unit 64 |
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99 | 99 | | established under section 19a-612 and all of its duties and 65 |
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100 | 100 | | responsibilities as set forth in chapter 368z; 66 |
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101 | 101 | | (6) Convening forums and meetings with state government and 67 |
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102 | 102 | | external stakeholders, including, but not limited to, the Connecticut 68 |
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103 | 103 | | Health Insurance Exchange, to discuss health care issues designed to 69 |
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104 | 104 | | develop effective health care cost and quality strategies; 70 |
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105 | 105 | | (7) Consulting with the Commissioner of Social Services, Insurance 71 |
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106 | 106 | | Commissioner and Connecticut Health Insurance Exchange on the 72 Raised Bill No. 210 |
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107 | 107 | | |
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108 | 108 | | |
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109 | 109 | | |
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110 | 110 | | LCO No. 1097 4 of 18 |
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111 | 111 | | |
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112 | 112 | | Covered Connecticut program described in section 19a-754c; 73 |
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113 | 113 | | (8) (A) Setting an annual health care cost growth benchmark and 74 |
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114 | 114 | | primary care spending target pursuant to section 19a-754g, as amended 75 |
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115 | 115 | | by this act, (B) developing and adopting health care quality benchmarks 76 |
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116 | 116 | | pursuant to section 19a-754g, as amended by this act, (C) developing 77 |
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117 | 117 | | strategies, in consultation with stakeholders, to meet such benchmarks 78 |
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118 | 118 | | and targets developed pursuant to section 19a-754g, as amended by this 79 |
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119 | 119 | | act, (D) enhancing the transparency of hospitals, as defined in section 80 |
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120 | 120 | | 19a-490, (E) enhancing the transparency of provider entities, as defined 81 |
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121 | 121 | | in subdivision [(13)] (14) of section 19a-754f, as amended by this act, [(E)] 82 |
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122 | 122 | | (F) monitoring the development of accountable care organizations and 83 |
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123 | 123 | | patient-centered medical homes in the state, and [(F)] (G) monitoring 84 |
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124 | 124 | | the adoption of alternative payment methodologies in the state; and 85 |
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125 | 125 | | (9) Assist local and regional boards of education in enrolling 86 |
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126 | 126 | | paraeducators for coverage under (A) the qualified health plans for 87 |
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127 | 127 | | which such paraeducator may be eligible under section 3-123l, (B) the 88 |
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128 | 128 | | Covered Connecticut program, established pursuant to section 19a-89 |
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129 | 129 | | 754c, or (C) Medicaid. 90 |
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130 | 130 | | Sec. 3. Section 19a-754f of the general statutes is repealed and the 91 |
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131 | 131 | | following is substituted in lieu thereof (Effective October 1, 2024): 92 |
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132 | 132 | | For the purposes of this section and sections 19a-754g to 19a-754k, 93 |
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133 | 133 | | inclusive, as amended by this act: 94 |
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134 | 134 | | (1) "Drug manufacturer" means the manufacturer of a drug that is: 95 |
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135 | 135 | | (A) Included in the information and data submitted by a health carrier 96 |
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136 | 136 | | pursuant to section 38a-479qqq, (B) studied or listed pursuant to 97 |
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137 | 137 | | subsection (c) or (d) of section 19a-754b, or (C) in a therapeutic class of 98 |
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138 | 138 | | drugs that the executive director determines, through public or private 99 |
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139 | 139 | | reports, has had a substantial impact on prescription drug expenditures, 100 |
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140 | 140 | | net of rebates, as a percentage of total health care expenditures; 101 |
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141 | 141 | | (2) "Executive director" means the executive director of the Office of 102 |
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142 | 142 | | Health Strategy; 103 Raised Bill No. 210 |
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143 | 143 | | |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | LCO No. 1097 5 of 18 |
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147 | 147 | | |
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148 | 148 | | (3) "Health care cost growth benchmark" means the annual 104 |
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149 | 149 | | benchmark established pursuant to section 19a-754g, as amended by 105 |
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150 | 150 | | this act; 106 |
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151 | 151 | | (4) "Health care quality benchmark" means an annual benchmark 107 |
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152 | 152 | | established pursuant to section 19a-754g, as amended by this act; 108 |
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153 | 153 | | (5) "Health care provider" has the same meaning as provided in 109 |
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154 | 154 | | subdivision (1) of subsection (a) of section 19a-17b; 110 |
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155 | 155 | | (6) "Hospital" means any health care facility, as defined in section 19a-111 |
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156 | 156 | | 630, that is licensed as a short-term general hospital by the Department 112 |
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157 | 157 | | of Public Health; 113 |
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158 | 158 | | [(6)] (7) "Net cost of private health insurance" means the difference 114 |
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159 | 159 | | between premiums earned and benefits incurred, and includes insurers' 115 |
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160 | 160 | | costs of paying bills, advertising, sales commissions, and other 116 |
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161 | 161 | | administrative costs, net additions or subtractions from reserves, rate 117 |
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162 | 162 | | credits and dividends, premium taxes and profits or losses; 118 |
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163 | 163 | | [(7)] (8) "Office" means the Office of Health Strategy established 119 |
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164 | 164 | | under section 19a-754a, as amended by this act; 120 |
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165 | 165 | | [(8)] (9) "Other entity" means a drug manufacturer, pharmacy 121 |
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166 | 166 | | benefits manager or other health care provider that is not considered a 122 |
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167 | 167 | | provider entity; 123 |
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168 | 168 | | [(9)] (10) "Payer" means a payer, including Medicaid, Medicare and 124 |
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169 | 169 | | governmental and nongovernment health plans, and includes any 125 |
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170 | 170 | | organization acting as payer that is a subsidiary, affiliate or business 126 |
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171 | 171 | | owned or controlled by a payer that, during a given calendar year, pays 127 |
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172 | 172 | | health care providers or hospitals for health care services or pharmacies 128 |
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173 | 173 | | or provider entities for prescription drugs designated by the executive 129 |
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174 | 174 | | director; 130 |
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175 | 175 | | [(10)] (11) "Performance year" means the most recent calendar year 131 |
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176 | 176 | | for which data were submitted for the applicable health care cost growth 132 |
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177 | 177 | | benchmark, primary care spending target or health care quality 133 Raised Bill No. 210 |
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178 | 178 | | |
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179 | 179 | | |
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180 | 180 | | |
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181 | 181 | | LCO No. 1097 6 of 18 |
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182 | 182 | | |
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183 | 183 | | benchmark; 134 |
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184 | 184 | | [(11)] (12) "Pharmacy benefits manager" has the same meaning as 135 |
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185 | 185 | | provided in subdivision (10) of section 38a-479ooo; 136 |
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186 | 186 | | [(12)] (13) "Primary care spending target" means the annual target 137 |
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187 | 187 | | established pursuant to section 19a-754g, as amended by this act; 138 |
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188 | 188 | | [(13)] (14) "Provider entity" means an organized group of clinicians 139 |
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189 | 189 | | that come together for the purposes of contracting, or are an established 140 |
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190 | 190 | | billing unit that, at a minimum, includes primary care providers, and 141 |
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191 | 191 | | that collectively, during any given calendar year, has enough attributed 142 |
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192 | 192 | | lives to participate in total cost of care contracts, even if they are not 143 |
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193 | 193 | | engaged in a total cost of care contract; 144 |
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194 | 194 | | [(14)] (15) "Potential gross state product" means a forecasted measure 145 |
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195 | 195 | | of the economy that equals the sum of the (A) expected growth in 146 |
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196 | 196 | | national labor force productivity, (B) expected growth in the state's labor 147 |
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197 | 197 | | force, and (C) expected national inflation, minus the expected state 148 |
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198 | 198 | | population growth; 149 |
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199 | 199 | | [(15)] (16) "Total health care expenditures" means the sum of all 150 |
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200 | 200 | | health care expenditures in this state from public and private sources 151 |
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201 | 201 | | for a given calendar year, including: (A) All claims-based spending paid 152 |
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202 | 202 | | to providers, net of pharmacy rebates, (B) all patient cost-sharing 153 |
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203 | 203 | | amounts, and (C) the net cost of private health insurance; and 154 |
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204 | 204 | | [(16)] (17) "Total medical expense" means the total cost of care for the 155 |
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205 | 205 | | patient population of a payer or provider entity for a given calendar 156 |
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206 | 206 | | year, where cost is calculated for such year as the sum of (A) all claims-157 |
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207 | 207 | | based spending paid to providers by public and private payers, and net 158 |
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208 | 208 | | of pharmacy rebates, (B) all nonclaims payments for such year, 159 |
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209 | 209 | | including, but not limited to, incentive payments and care coordination 160 |
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210 | 210 | | payments, and (C) all patient cost-sharing amounts expressed on a per 161 |
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211 | 211 | | capita basis for the patient population of a payer or provider entity in 162 |
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212 | 212 | | this state. 163 Raised Bill No. 210 |
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213 | 213 | | |
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214 | 214 | | |
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215 | 215 | | |
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216 | 216 | | LCO No. 1097 7 of 18 |
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217 | 217 | | |
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218 | 218 | | Sec. 4. Section 19a-754g of the general statutes is repealed and the 164 |
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219 | 219 | | following is substituted in lieu thereof (Effective October 1, 2024): 165 |
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220 | 220 | | (a) Not later than July 1, 2022, the executive director shall publish (1) 166 |
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221 | 221 | | the health care cost growth benchmarks and annual primary care 167 |
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222 | 222 | | spending targets as a percentage of total medical expenses for the 168 |
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223 | 223 | | calendar years 2021 to 2025, inclusive, and (2) the annual health care 169 |
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224 | 224 | | quality benchmarks for the calendar years 2022 to 2025, inclusive, on the 170 |
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225 | 225 | | office's Internet web site. 171 |
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226 | 226 | | (b) (1) (A) Not later than July 1, 2025, and every five years thereafter, 172 |
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227 | 227 | | the executive director shall develop and adopt annual health care cost 173 |
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228 | 228 | | growth benchmarks and annual primary care spending targets for the 174 |
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229 | 229 | | succeeding five calendar years for hospitals, provider entities and 175 |
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230 | 230 | | payers. 176 |
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231 | 231 | | (B) In developing the health care cost growth benchmarks and 177 |
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232 | 232 | | primary care spending targets pursuant to this subdivision, the 178 |
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233 | 233 | | executive director shall consider (i) any historical and forecasted 179 |
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234 | 234 | | changes in median income for individuals in the state and the growth 180 |
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235 | 235 | | rate of potential gross state product, (ii) the rate of inflation, and (iii) the 181 |
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236 | 236 | | most recent report prepared by the executive director pursuant to 182 |
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237 | 237 | | subsection (b) of section 19a-754h, as amended by this act. 183 |
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238 | 238 | | (C) (i) The executive director shall hold at least one informational 184 |
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239 | 239 | | public hearing prior to adopting the health care cost growth benchmarks 185 |
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240 | 240 | | and primary care spending targets for each succeeding five-year period 186 |
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241 | 241 | | described in this subdivision. The executive director may hold 187 |
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242 | 242 | | informational public hearings concerning any annual health care cost 188 |
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243 | 243 | | growth benchmark and primary care spending target set pursuant to 189 |
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244 | 244 | | subsection (a) or subdivision (1) of subsection (b) of this section. Such 190 |
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245 | 245 | | informational public hearings shall be held at a time and place 191 |
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246 | 246 | | designated by the executive director in a notice prominently posted by 192 |
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247 | 247 | | the executive director on the office's Internet web site and in a form and 193 |
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248 | 248 | | manner prescribed by the executive director. The executive director 194 |
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249 | 249 | | shall make available on the office's Internet web site a summary of any 195 Raised Bill No. 210 |
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250 | 250 | | |
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251 | 251 | | |
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252 | 252 | | |
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253 | 253 | | LCO No. 1097 8 of 18 |
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254 | 254 | | |
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255 | 255 | | such informational public hearing and include the executive director's 196 |
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256 | 256 | | recommendations, if any, to modify or not to modify any such annual 197 |
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257 | 257 | | benchmark or target. 198 |
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258 | 258 | | (ii) If the executive director determines, after any informational 199 |
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259 | 259 | | public hearing held pursuant to this subparagraph, that a modification 200 |
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260 | 260 | | to any health care cost growth benchmark or annual primary care 201 |
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261 | 261 | | spending target is, in the executive director's discretion, reasonably 202 |
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262 | 262 | | warranted, the executive director may modify such benchmark or 203 |
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263 | 263 | | target. 204 |
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264 | 264 | | (iii) The executive director shall annually (I) review the current and 205 |
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265 | 265 | | projected rate of inflation, and (II) include on the office's Internet web 206 |
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266 | 266 | | site the executive director's findings of such review, including the 207 |
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267 | 267 | | reasons for making or not making a modification to any applicable 208 |
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268 | 268 | | health care cost growth benchmark. If the executive director determines 209 |
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269 | 269 | | that the rate of inflation requires modification of any health care cost 210 |
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270 | 270 | | growth benchmark adopted under this section, the executive director 211 |
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271 | 271 | | may modify such benchmark. In such event, the executive director shall 212 |
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272 | 272 | | not be required to hold an informational public hearing concerning such 213 |
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273 | 273 | | modified health care cost growth benchmark. 214 |
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274 | 274 | | (D) The executive director shall post each adopted health care cost 215 |
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275 | 275 | | growth benchmark and annual primary care spending target on the 216 |
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276 | 276 | | office's Internet web site. 217 |
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277 | 277 | | (E) Notwithstanding the provisions of subparagraphs (A) to (D), 218 |
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278 | 278 | | inclusive, of this subdivision, if the average annual health care cost 219 |
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279 | 279 | | growth benchmark for a succeeding five-year period described in this 220 |
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280 | 280 | | subdivision differs from the average annual health care cost growth 221 |
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281 | 281 | | benchmark for the five-year period preceding such succeeding five-year 222 |
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282 | 282 | | period by more than one-half of one per cent, the executive director shall 223 |
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283 | 283 | | submit the annual health care cost growth benchmarks developed for 224 |
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284 | 284 | | such succeeding five-year period to the joint standing committee of the 225 |
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285 | 285 | | General Assembly having cognizance of matters relating to insurance 226 |
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286 | 286 | | for the committee's review and approval. The committee shall be 227 Raised Bill No. 210 |
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287 | 287 | | |
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288 | 288 | | |
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289 | 289 | | |
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290 | 290 | | LCO No. 1097 9 of 18 |
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291 | 291 | | |
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292 | 292 | | deemed to have approved such annual health care cost growth 228 |
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293 | 293 | | benchmarks for such succeeding five-year period, except upon a vote to 229 |
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294 | 294 | | reject such benchmarks by the majority of committee members at a 230 |
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295 | 295 | | meeting of such committee called for the purpose of reviewing such 231 |
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296 | 296 | | benchmarks and held not later than thirty days after the executive 232 |
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297 | 297 | | director submitted such benchmarks to such committee. If the 233 |
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298 | 298 | | committee votes to reject such benchmarks, the executive director may 234 |
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299 | 299 | | submit to the committee modified annual health care cost growth 235 |
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300 | 300 | | benchmarks for such succeeding five-year period for the committee's 236 |
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301 | 301 | | review and approval in accordance with the provisions of this 237 |
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302 | 302 | | subparagraph. The executive director shall not be required to hold an 238 |
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303 | 303 | | informational public hearing concerning such modified benchmarks. 239 |
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304 | 304 | | Until the joint standing committee of the General Assembly having 240 |
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305 | 305 | | cognizance of matters relating to insurance approves annual health care 241 |
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306 | 306 | | cost growth benchmarks for the succeeding five-year period, such 242 |
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307 | 307 | | benchmarks shall be deemed to be equal to the average annual health 243 |
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308 | 308 | | care cost growth benchmark for the preceding five-year period. 244 |
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309 | 309 | | (2) (A) Not later than July 1, 2025, and every five years thereafter, the 245 |
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310 | 310 | | executive director shall develop and adopt annual health care quality 246 |
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311 | 311 | | benchmarks for the succeeding five calendar years for hospitals, 247 |
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312 | 312 | | provider entities and payers. 248 |
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313 | 313 | | (B) In developing annual health care quality benchmarks pursuant to 249 |
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314 | 314 | | this subdivision, the executive director shall consider (i) quality 250 |
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315 | 315 | | measures endorsed by nationally recognized organizations, including, 251 |
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316 | 316 | | but not limited to, the National Quality Forum, the National Committee 252 |
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317 | 317 | | for Quality Assurance, the Centers for Medicare and Medicaid Services, 253 |
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318 | 318 | | the Centers for Disease Control, the Joint Commission and expert 254 |
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319 | 319 | | organizations that develop health equity measures, and (ii) measures 255 |
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320 | 320 | | that: (I) Concern health outcomes, overutilization, underutilization and 256 |
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321 | 321 | | patient safety, (II) meet standards of patient-centeredness and ensure 257 |
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322 | 322 | | consideration of differences in preferences and clinical characteristics 258 |
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323 | 323 | | within patient subpopulations, and (III) concern community health or 259 |
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324 | 324 | | population health. 260 Raised Bill No. 210 |
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325 | 325 | | |
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326 | 326 | | |
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327 | 327 | | |
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328 | 328 | | LCO No. 1097 10 of 18 |
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329 | 329 | | |
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330 | 330 | | (C) (i) The executive director shall hold at least one informational 261 |
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331 | 331 | | public hearing prior to adopting the health care quality benchmarks for 262 |
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332 | 332 | | each succeeding five-year period described in this subdivision. The 263 |
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333 | 333 | | executive director may hold informational public hearings concerning 264 |
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334 | 334 | | the quality measures the executive director proposes to adopt as health 265 |
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335 | 335 | | care quality benchmarks. Such informational public hearings shall be 266 |
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336 | 336 | | held at a time and place designated by the executive director in a notice 267 |
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337 | 337 | | prominently posted by the executive director on the office's Internet 268 |
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338 | 338 | | web site and in a form and manner prescribed by the executive director. 269 |
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339 | 339 | | The executive director shall make available on the office's Internet web 270 |
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340 | 340 | | site a summary of any such informational public hearing and include 271 |
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341 | 341 | | the executive director's recommendations, if any, to modify or not 272 |
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342 | 342 | | modify any such health care quality benchmark. 273 |
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343 | 343 | | (ii) If the executive director determines, after any informational 274 |
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344 | 344 | | public hearing held pursuant to this subparagraph, that modifications 275 |
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345 | 345 | | to any health care quality benchmarks are, in the executive director's 276 |
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346 | 346 | | discretion, reasonably warranted, the executive director may modify 277 |
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347 | 347 | | such quality benchmarks. The executive director shall not be required 278 |
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348 | 348 | | to hold an additional informational public hearing concerning such 279 |
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349 | 349 | | modified quality benchmarks. 280 |
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350 | 350 | | (D) The executive director shall post each adopted health care quality 281 |
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351 | 351 | | benchmark on the office's Internet web site. 282 |
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352 | 352 | | (c) The executive director may enter into such contractual agreements 283 |
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353 | 353 | | as may be necessary to carry out the purposes of this section, including, 284 |
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354 | 354 | | but not limited to, contractual agreements with actuarial, economic and 285 |
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355 | 355 | | other experts and consultants. The executive director or the executive 286 |
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356 | 356 | | director's contractors, in carrying out the purposes of this section, 287 |
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357 | 357 | | section 19a-754f, as amended by this act, and sections 19a-754h to 288 |
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358 | 358 | | 19a754j, inclusive, as amended by this act, shall utilize currently 289 |
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359 | 359 | | available data sources, including data available through the all-payer 290 |
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360 | 360 | | claims database established under section 19a-755a. 291 |
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361 | 361 | | Sec. 5. Section 19a-754h of the general statutes is repealed and the 292 Raised Bill No. 210 |
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362 | 362 | | |
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363 | 363 | | |
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364 | 364 | | |
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365 | 365 | | LCO No. 1097 11 of 18 |
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366 | 366 | | |
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367 | 367 | | following is substituted in lieu thereof (Effective October 1, 2024): 293 |
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368 | 368 | | (a) Not later than August 15, 2022, and annually thereafter, each 294 |
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369 | 369 | | payer shall report to the executive director, in a form and manner 295 |
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370 | 370 | | prescribed by the executive director, for the preceding or prior years, if 296 |
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371 | 371 | | the executive director so requests based on material changes to data 297 |
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372 | 372 | | previously submitted, aggregated data, including aggregated self-298 |
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373 | 373 | | funded data as applicable, necessary for the executive director to 299 |
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374 | 374 | | calculate total health care expenditures, primary care spending as a 300 |
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375 | 375 | | percentage of total medical expenses and net cost of private health 301 |
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376 | 376 | | insurance. Each payer shall also disclose, as requested by the executive 302 |
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377 | 377 | | director, payer data required for adjusting total medical expense 303 |
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378 | 378 | | calculations to reflect changes in the patient population. 304 |
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379 | 379 | | (b) Not later than March 31, 2023, and annually thereafter, the 305 |
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380 | 380 | | executive director shall prepare and post on the office's Internet web 306 |
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381 | 381 | | site, a report concerning the total health care expenditures utilizing the 307 |
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382 | 382 | | total aggregate medical expenses reported by payers pursuant to 308 |
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383 | 383 | | subsection (a) of this section, including, but not limited to, a breakdown 309 |
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384 | 384 | | of such population-adjusted total medical expenses by payer, hospital 310 |
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385 | 385 | | and provider entities. The report may include, but shall not be limited 311 |
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386 | 386 | | to, information regarding the following: 312 |
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387 | 387 | | (1) Trends in major service category spending; 313 |
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388 | 388 | | (2) Primary care spending as a percentage of total medical expenses; 314 |
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389 | 389 | | (3) The net cost of private health insurance by payer by market 315 |
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390 | 390 | | segment, including individual, small group, large group, self-insured, 316 |
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391 | 391 | | student and Medicare Advantage markets; and 317 |
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392 | 392 | | (4) Any other factors the executive director deems relevant to 318 |
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393 | 393 | | providing context on such data, which shall include, but not be limited 319 |
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394 | 394 | | to, the following factors: (A) The impact of the rate of inflation and rate 320 |
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395 | 395 | | of medical inflation; (B) impacts, if any, on access to care; and (C) 321 |
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396 | 396 | | responses to public health crises or similar emergencies. 322 Raised Bill No. 210 |
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397 | 397 | | |
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398 | 398 | | |
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399 | 399 | | |
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400 | 400 | | LCO No. 1097 12 of 18 |
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401 | 401 | | |
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402 | 402 | | (c) The executive director shall annually submit a request to the 323 |
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403 | 403 | | federal Centers for Medicare and Medicaid Services for the unadjusted 324 |
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404 | 404 | | total medical expenses of Connecticut residents. 325 |
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405 | 405 | | (d) Not later than August 15, 2023, and annually thereafter, each 326 |
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406 | 406 | | payer, hospital or provider entity shall report to the executive director 327 |
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407 | 407 | | in a form and manner prescribed by the executive director, for the 328 |
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408 | 408 | | preceding year, and for prior years if the executive director so requests 329 |
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409 | 409 | | based on material changes to data previously submitted, on the health 330 |
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410 | 410 | | care quality benchmarks adopted pursuant to section 19a-754g, as 331 |
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411 | 411 | | amended by this act. 332 |
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412 | 412 | | (e) Not later than March 31, 2024, and annually thereafter, the 333 |
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413 | 413 | | executive director shall prepare and post on the office's Internet web 334 |
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414 | 414 | | site, a report concerning health care quality benchmarks reported by 335 |
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415 | 415 | | payers, hospitals and provider entities pursuant to subsection (d) of this 336 |
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416 | 416 | | section. 337 |
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417 | 417 | | (f) The executive director may enter into such contractual agreements 338 |
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418 | 418 | | as may be necessary to carry out the purposes of this section, including, 339 |
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419 | 419 | | but not limited to, contractual agreements with actuarial, economic and 340 |
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420 | 420 | | other experts and consultants. 341 |
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421 | 421 | | Sec. 6. Subsection (a) of section 19a-754i of the general statutes is 342 |
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422 | 422 | | repealed and the following is substituted in lieu thereof (Effective October 343 |
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423 | 423 | | 1, 2024): 344 |
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424 | 424 | | (a) (1) For each calendar year, beginning on January 1, 2023, the 345 |
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425 | 425 | | executive director shall, if the payer, hospital or provider entity subject 346 |
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426 | 426 | | to the cost growth benchmark or primary care spending target so 347 |
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427 | 427 | | requests, meet with such payer, hospital or provider entity to review 348 |
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428 | 428 | | and validate the total medical expenses data collected pursuant to 349 |
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429 | 429 | | section 19a-754h, as amended by this act, for such payer, hospital or 350 |
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430 | 430 | | provider entity. The executive director shall review information 351 |
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431 | 431 | | provided by the payer, hospital or provider entity and, if deemed 352 |
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432 | 432 | | necessary, amend findings for such payer, hospital or provider prior to 353 |
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433 | 433 | | the identification of payer, hospital or provider entities that exceeded 354 Raised Bill No. 210 |
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434 | 434 | | |
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435 | 435 | | |
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436 | 436 | | |
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437 | 437 | | LCO No. 1097 13 of 18 |
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438 | 438 | | |
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439 | 439 | | the health care cost growth benchmark or failed to meet the primary care 355 |
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440 | 440 | | spending target for the performance year as set forth in section 19a-754h, 356 |
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441 | 441 | | as amended by this act. The executive director shall identify, not later 357 |
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442 | 442 | | than May first of such calendar year, each payer, hospital or provider 358 |
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443 | 443 | | entity that exceeded the health care cost growth benchmark or failed to 359 |
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444 | 444 | | meet the primary care spending target for the performance year. 360 |
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445 | 445 | | (2) For each calendar year beginning on or after January 1, 2024, the 361 |
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446 | 446 | | executive director shall, if the payer, hospital or provider entity subject 362 |
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447 | 447 | | to the health care quality benchmarks for the performance year so 363 |
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448 | 448 | | requests, meet with such payer, hospital or provider entity to review 364 |
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449 | 449 | | and validate the quality data collected pursuant to section 19a-754h, as 365 |
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450 | 450 | | amended by this act, for such payer, hospital or provider entity. The 366 |
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451 | 451 | | executive director shall review information provided by the payer, 367 |
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452 | 452 | | hospital or provider entity and, if deemed necessary, amend findings 368 |
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453 | 453 | | for such payer, hospital or provider prior to the identification of payer, 369 |
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454 | 454 | | hospital or provider entities that exceeded the health care quality 370 |
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455 | 455 | | benchmark as set forth in section 19a-754h, as amended by this act. The 371 |
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456 | 456 | | executive director shall identify, not later than May first of such calendar 372 |
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457 | 457 | | year, each payer, hospital or provider entity that exceeded the health 373 |
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458 | 458 | | care quality benchmark for the performance year. 374 |
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459 | 459 | | (3) Not later than thirty days after the executive director identifies 375 |
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460 | 460 | | each payer, hospital or provider entity pursuant to subdivisions (1) and 376 |
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461 | 461 | | (2) of this subsection, the executive director shall send a notice to each 377 |
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462 | 462 | | such payer, hospital or provider entity. Such notice shall be in a form 378 |
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463 | 463 | | and manner prescribed by the executive director, and shall disclose to 379 |
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464 | 464 | | each such payer, hospital or provider entity: 380 |
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465 | 465 | | (A) That the executive director has identified such payer, hospital or 381 |
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466 | 466 | | provider entity pursuant to subdivision (1) or (2) of this subsection; and 382 |
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467 | 467 | | (B) The factual basis for the executive director's identification of such 383 |
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468 | 468 | | payer, hospital or provider entity pursuant to subdivision (1) or (2) of 384 |
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469 | 469 | | this subsection. 385 |
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470 | 470 | | Sec. 7. Section 19a-754j of the general statutes is repealed and the 386 Raised Bill No. 210 |
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471 | 471 | | |
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472 | 472 | | |
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473 | 473 | | |
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474 | 474 | | LCO No. 1097 14 of 18 |
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475 | 475 | | |
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476 | 476 | | following is substituted in lieu thereof (Effective October 1, 2024): 387 |
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477 | 477 | | (a) (1) Not later than June 30, 2023, and annually thereafter, the 388 |
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478 | 478 | | executive director shall hold an informational public hearing to 389 |
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479 | 479 | | compare the growth in total health care expenditures in the performance 390 |
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480 | 480 | | year to the health care cost growth benchmark established pursuant to 391 |
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481 | 481 | | section 19a-754g, as amended by this act, for such year. Such hearing 392 |
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482 | 482 | | shall involve an examination of: 393 |
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483 | 483 | | (A) The report most recently prepared by the executive director 394 |
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484 | 484 | | pursuant to subsection (b) of section 19a-754h, as amended by this act; 395 |
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485 | 485 | | (B) The expenditures of hospitals, provider entities and payers, 396 |
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486 | 486 | | including, but not limited to, health care cost trends, primary care 397 |
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487 | 487 | | spending as a percentage of total medical expenses and the factors 398 |
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488 | 488 | | contributing to such costs and expenditures; and 399 |
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489 | 489 | | (C) Any other matters that the executive director, in the executive 400 |
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490 | 490 | | director's discretion, deems relevant for the purposes of this section. 401 |
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491 | 491 | | (2) The executive director may require any payer, hospital or 402 |
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492 | 492 | | provider entity that, for the performance year, is found to be a 403 |
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493 | 493 | | significant contributor to health care cost growth in the state or has 404 |
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494 | 494 | | failed to meet the primary care spending target, to participate in such 405 |
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495 | 495 | | hearing. Each such payer, hospital or provider entity that is required to 406 |
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496 | 496 | | participate in such hearing shall provide testimony on issues identified 407 |
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497 | 497 | | by the executive director and provide additional information on actions 408 |
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498 | 498 | | taken to reduce such payer's, hospital's or provider entity's contribution 409 |
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499 | 499 | | to future state-wide health care costs and expenditures or to increase 410 |
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500 | 500 | | such payer's, hospital's or provider entity's primary care spending as a 411 |
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501 | 501 | | percentage of total medical expenses. 412 |
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502 | 502 | | (3) The executive director may require that any other entity that is 413 |
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503 | 503 | | found to be a significant contributor to health care cost growth in this 414 |
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504 | 504 | | state during the performance year participate in such hearing. Any other 415 |
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505 | 505 | | entity that is required to participate in such hearing shall provide 416 |
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506 | 506 | | testimony on issues identified by the executive director and provide 417 Raised Bill No. 210 |
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507 | 507 | | |
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508 | 508 | | |
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509 | 509 | | |
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510 | 510 | | LCO No. 1097 15 of 18 |
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511 | 511 | | |
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512 | 512 | | additional information on actions taken to reduce such other entity's 418 |
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513 | 513 | | contribution to future state-wide health care costs. If such other entity is 419 |
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514 | 514 | | a drug manufacturer, and the executive director requires that such drug 420 |
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515 | 515 | | manufacturer participate in such hearing with respect to a specific drug 421 |
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516 | 516 | | or class of drugs, such hearing may, to the extent possible, include 422 |
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517 | 517 | | representatives from at least one brand-name manufacturer, one generic 423 |
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518 | 518 | | manufacturer and one innovator company that is less than ten years old. 424 |
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519 | 519 | | (4) Not later than October 15, 2023, and annually thereafter, the 425 |
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520 | 520 | | executive director shall prepare and submit a report, in accordance with 426 |
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521 | 521 | | section 11-4a, to the joint standing committees of the General Assembly 427 |
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522 | 522 | | having cognizance of matters relating to insurance and public health. 428 |
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523 | 523 | | Such report shall be based on the executive director's analysis of the 429 |
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524 | 524 | | information submitted during the most recent informational public 430 |
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525 | 525 | | hearing conducted pursuant to this subsection and any other 431 |
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526 | 526 | | information that the executive director, in the executive director's 432 |
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527 | 527 | | discretion, deems relevant for the purposes of this section, and shall: 433 |
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528 | 528 | | (A) Describe health care spending trends in this state, including, but 434 |
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529 | 529 | | not limited to, trends in primary care spending as a percentage of total 435 |
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530 | 530 | | medical expense, and the factors underlying such trends; 436 |
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531 | 531 | | (B) Include the findings from the report prepared pursuant to 437 |
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532 | 532 | | subsection (b) of section 19a-754h, as amended by this act; 438 |
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533 | 533 | | (C) Describe a plan for monitoring any unintended adverse 439 |
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534 | 534 | | consequences, including, but not limited to, any impacts on funding for 440 |
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535 | 535 | | individuals with developmental disabilities, resulting from the 441 |
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536 | 536 | | adoption of cost growth benchmarks and primary care spending targets 442 |
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537 | 537 | | and the results of any findings from the implementation of such plan; 443 |
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538 | 538 | | and 444 |
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539 | 539 | | (D) Disclose the executive director's recommendations, if any, 445 |
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540 | 540 | | concerning strategies to increase the efficiency of the state's health care 446 |
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541 | 541 | | system, including, but not limited to, any recommended legislation 447 |
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542 | 542 | | concerning the state's health care system. 448 Raised Bill No. 210 |
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543 | 543 | | |
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544 | 544 | | |
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545 | 545 | | |
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546 | 546 | | LCO No. 1097 16 of 18 |
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547 | 547 | | |
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548 | 548 | | (b) (1) Not later than June 30, 2024, and annually thereafter, the 449 |
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549 | 549 | | executive director shall hold an informational public hearing to 450 |
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550 | 550 | | compare the performance of payers, hospitals and provider entities in 451 |
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551 | 551 | | the performance year to the quality benchmarks established for such 452 |
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552 | 552 | | year pursuant to section 19a-754g, as amended by this act. Such hearing 453 |
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553 | 553 | | shall include an examination of: 454 |
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554 | 554 | | (A) The report most recently prepared by the executive director 455 |
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555 | 555 | | pursuant to subsection (e) of section 19a-754h, as amended by this act; 456 |
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556 | 556 | | and 457 |
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557 | 557 | | (B) Any other matters that the executive director, in the executive 458 |
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558 | 558 | | director's discretion, deems relevant for the purposes of this section. 459 |
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559 | 559 | | (2) The executive director may require any payer, hospital or 460 |
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560 | 560 | | provider entity that failed to meet any health care quality benchmarks 461 |
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561 | 561 | | in this state during the performance year to participate in such hearing. 462 |
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562 | 562 | | Each such payer, hospital or provider entity that is required to 463 |
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563 | 563 | | participate in such hearing shall provide testimony on issues identified 464 |
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564 | 564 | | by the executive director and provide additional information on actions 465 |
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565 | 565 | | taken to improve such payer's, hospital's or provider entity's quality 466 |
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566 | 566 | | benchmark performance. 467 |
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567 | 567 | | (3) Not later than October 15, 2024, and annually thereafter, the 468 |
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568 | 568 | | executive director shall prepare and submit a report, in accordance with 469 |
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569 | 569 | | section 11-4a, to the joint standing committees of the General Assembly 470 |
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570 | 570 | | having cognizance of matters relating to insurance and public health. 471 |
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571 | 571 | | Such report shall be based on the executive director's analysis of the 472 |
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572 | 572 | | information submitted during the most recent informational public 473 |
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573 | 573 | | hearing conducted pursuant to this subsection and any other 474 |
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574 | 574 | | information that the executive director, in the executive director's 475 |
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575 | 575 | | discretion, deems relevant for the purposes of this section, and shall: 476 |
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576 | 576 | | (A) Describe health care quality trends in this state and the factors 477 |
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577 | 577 | | underlying such trends; 478 |
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578 | 578 | | (B) Include the findings from the report prepared pursuant to 479 Raised Bill No. 210 |
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579 | 579 | | |
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580 | 580 | | |
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581 | 581 | | |
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582 | 582 | | LCO No. 1097 17 of 18 |
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583 | 583 | | |
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584 | 584 | | subsection (e) of section 19a-754h, as amended by this act; and 480 |
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585 | 585 | | (C) Disclose the executive director's recommendations, if any, 481 |
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586 | 586 | | concerning strategies to improve the quality of the state's health care 482 |
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587 | 587 | | system, including, but not limited to, any recommended legislation 483 |
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588 | 588 | | concerning the state's health care system. 484 |
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589 | 589 | | Sec. 8. (NEW) (Effective October 1, 2024) (a) For the purposes of this 485 |
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590 | 590 | | section: 486 |
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591 | 591 | | (1) "Campus" and "hospital-based facility" have the same meanings 487 |
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592 | 592 | | as provided in section 19a-508c of the general statutes; and 488 |
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593 | 593 | | (2) "National provider identifier" means a standard, unique health 489 |
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594 | 594 | | identifier for each health care provider issued by the Centers for 490 |
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595 | 595 | | Medicare and Medicaid Services' National Plan and Prov ider 491 |
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596 | 596 | | Enumeration System. 492 |
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597 | 597 | | (b) On and after January 1, 2025, each hospital-based facility in this 493 |
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598 | 598 | | state located off-site from a hospital campus shall submit with each 494 |
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599 | 599 | | claim for reimbursement or payment for health care services provided 495 |
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600 | 600 | | at such facility, such facility's national provider identifier and federal 496 |
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601 | 601 | | tax identification number. Such national provider identifier and federal 497 |
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602 | 602 | | tax identification number shall be (1) separate from any national 498 |
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603 | 603 | | provider identifier and federal tax identification number issued to such 499 |
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604 | 604 | | hospital campus, and (2) included on any claim for reimbursement or 500 |
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605 | 605 | | payment for health care services provided at such facility, regardless of 501 |
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606 | 606 | | whether such claim or reimbursement is filed or submitted by or 502 |
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607 | 607 | | through a separate facility or hospital. 503 |
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608 | 608 | | (c) The Insurance Commissioner may adopt regulations, in 504 |
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609 | 609 | | accordance with the provisions of chapter 54 of the general statutes, to 505 |
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610 | 610 | | implement the provisions of this section. 506 |
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611 | 611 | | This act shall take effect as follows and shall amend the following |
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612 | 612 | | sections: |
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613 | 613 | | |
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614 | 614 | | Section 1 from passage New section Raised Bill No. 210 |
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615 | 615 | | |
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616 | 616 | | |
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617 | 617 | | |
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618 | 618 | | LCO No. 1097 18 of 18 |
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619 | 619 | | |
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620 | 620 | | Sec. 2 October 1, 2024 19a-754a(b) |
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621 | 621 | | Sec. 3 October 1, 2024 19a-754f |
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622 | 622 | | Sec. 4 October 1, 2024 19a-754g |
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623 | 623 | | Sec. 5 October 1, 2024 19a-754h |
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624 | 624 | | Sec. 6 October 1, 2024 19a-754i(a) |
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625 | 625 | | Sec. 7 October 1, 2024 19a-754j |
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626 | 626 | | Sec. 8 October 1, 2024 New section |
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627 | 627 | | |
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628 | 628 | | Statement of Purpose: |
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629 | 629 | | To: (1) Implement a state-operated reinsurance program; (2) include |
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630 | 630 | | hospitals in the health care cost growth and primary care spending |
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631 | 631 | | target benchmark program administered by the Office of Health |
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632 | 632 | | Strategy; and (3) require hospital-based facilities to submit such facility's |
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633 | 633 | | national provider identifier and tax identification number with each |
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634 | 634 | | claim for reimbursement. |
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635 | 635 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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636 | 636 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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637 | 637 | | underlined.] |
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