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General Assembly Raised Bill No. 6978
January Session, 2025
LCO No. 4657
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
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-6t of the general statutes is amended by adding 1
subsection (h) as follows (Effective from passage): 2
(NEW) (h) The council may apply for and accept grants, gifts, 3
bequests, sponsorships and in-kind donations of funds from federal and 4
interstate agencies, private firms, individuals and foundations for the 5
purpose of carrying out its responsibilities. 6
Sec. 2. Subsections (d) and (e) of section 19a-59h of the general 7
statutes are repealed and the following is substituted in lieu thereof 8
(Effective July 1, 2025): 9
(d) A hospital shall provide the department with access, including 10
remote access, to the entirety of a patient's medical record, as the 11
department deems necessary, to review case information related to a 12
maternal death case under review by the program. Such remote access 13
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shall be provided on or before October 1, 2022, if technically feasible. All 14
personal information obtained from the medical record [shall not be 15
divulged to anyone and] shall be held strictly confidential pursuant to 16
section 19a-25, as amended by this act, by the department. 17
(e) All information obtained by the department for the maternal 18
mortality review program shall be confidential pursuant to section 19a-19
25, as amended by this act. The department may use such information 20
to improve the accuracy of vital statistics data. 21
Sec. 3. Subsection (d) of section 19a-59i of the general statutes is 22
repealed and the following is substituted in lieu thereof (Effective July 1, 23
2025): 24
(d) Whenever a meeting of the maternal mortality review committee 25
takes place, the committee shall consult with relevant experts to 26
evaluate the information and findings obtained from the department 27
pursuant to section 19a-59h, as amended by this act, and make 28
recommendations regarding the prevention of maternal deaths. Not 29
later than ninety days after such meeting, the committee shall report, to 30
the Commissioner of Public Health, any recommendations and findings 31
of the committee in a manner that complies with section 19a-25, as 32
amended by this act. The department may use any finding of the 33
committee to improve the accuracy of vital statistics data. 34
Sec. 4. Subsection (a) of section 19a-25 of the general statutes is 35
repealed and the following is substituted in lieu thereof (Effective July 1, 36
2025): 37
(a) All information, records of interviews, written reports, statements, 38
notes, memoranda or other data, including personal data as defined in 39
subdivision (9) of section 4-190, procured by: (1) The Department of 40
Public Health, by staff committees of facilities accredited by the 41
Department of Public Health, the maternity mortality review 42
committee, established pursuant to section 19a-59i, as amended by this 43
act, or the infant mortality review committee, established pursuant to 44
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section 19a-59k, in connection with studies of morbidity and mortality 45
conducted by the Department of Public Health, such staff committees, 46
the maternal mortality review committee or the infant mortality review 47
committee, or carried on by said department, such staff committees or 48
the maternal mortality review committee jointly with other persons, 49
agencies or organizations, (2) the directors of health of towns, cities or 50
boroughs or the Department of Public Health pursuant to section 19a-51
215, or (3) the Department of Public Health or such other persons, 52
agencies or organizations, for the purpose of reducing the morbidity or 53
mortality from any cause or condition, shall be confidential and shall be 54
used solely for the purposes of (A) medical or scientific research, [and,] 55
(B) for information obtained pursuant to section 19a-215, disease 56
prevention and control by the local director of health and the 57
Department of Public Health, [and] (C) reducing the morbidity or 58
mortality from any cause or condition, (D) for information obtained by 59
the department for the maternal mortality review program pursuant to 60
section 19a-59h, as amended by this act, improving the accuracy of vital 61
statistics data, and (E) for findings of the maternal mortality review 62
committee, established pursuant to section 19a-59i, as amended by this 63
act, improving the accuracy of vital statistics data. Such information, 64
records, reports, statements, notes, memoranda or other data shall not 65
be admissible as evidence in any action of any kind in any court or 66
before any other tribunal, board, agency or person, nor shall it be 67
exhibited or its contents disclosed in any way, in whole or in part, by 68
any officer or representative of the Department of Public Health or of 69
any such facility, by any person participating in such a research project 70
or by any other person, except as may be necessary for the purpose of 71
furthering the research project or public health use to which it relates. 72
Sec. 5. Subsection (a) of section 19a-493 of the general statutes is 73
repealed and the following is substituted in lieu thereof (Effective October 74
1, 2025): 75
(a) Upon receipt of an application for an initial license, the 76
Department of Public Health, subject to the provisions of section 19a-77
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491a, shall issue such license if, upon conducting a scheduled inspection 78
and investigation, the department finds that the applicant and facilities 79
meet the requirements established under section 19a-495, provided a 80
license shall be issued to or renewed for an institution, as defined in 81
section 19a-490, only if such institution is not otherwise required to be 82
licensed by the state. If an institution, as defined in [subsections (b), (d), 83
(e) and (f) of] section 19a-490, except for a nursing home or nursing 84
home facility, as defined in section 19a-490, applies for license renewal 85
and, [has been] at the time of such application for license renewal, is 86
certified as a provider of services by the United States Department of 87
Health and Human Services under Medicare or Medicaid programs 88
[within the immediately preceding twelve-month period, or if an 89
institution, as defined in subsection (b) of section 19a-490, is currently 90
certified,] the commissioner or the commissioner's designee may waive, 91
on renewal of the institution's license, the inspection and investigation 92
of such [facility] institution required by this section and, in such event, 93
any such [facility] institution shall be deemed to have satisfied the 94
requirements of section 19a-495 for the purposes of licensure. Such 95
license shall be valid for two years or a fraction thereof and shall 96
terminate on March thirty-first, June thirtieth, September thirtieth or 97
December thirty-first of the appropriate year. A license issued pursuant 98
to this chapter, unless sooner suspended or revoked, shall be renewable 99
biennially (1) after an unscheduled inspection is conducted by the 100
department, and (2) upon the filing by the licensee, and approval by the 101
department, of a report upon such date and containing such information 102
in such form as the department prescribes and satisfactory evidence of 103
continuing compliance with requirements established under section 104
19a-495. In the case of an institution, as defined in subsection (d) of 105
section 19a-490, that is also certified as a provider under the Medicare 106
program, the license shall be issued for a period not to exceed three 107
years, to run concurrently with the certification period. In the case of an 108
institution, as defined in subsection (m) of section 19a-490, that is 109
applying for renewal, the license shall be issued pursuant to section 19a-110
491. Except in the case of a multicare institution, each license shall be 111
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issued only for the premises and persons named in the application. Such 112
license shall not be transferable or assignable. Licenses shall be posted 113
in a conspicuous place in the licensed premises. 114
Sec. 6. Section 19a-2a of the general statutes is repealed and the 115
following is substituted in lieu thereof (Effective from passage): 116
The Commissioner of Public Health shall employ the most efficient 117
and practical means for the prevention and suppression of disease and 118
shall administer all laws under the jurisdiction of the Department of 119
Public Health and the Public Health Code. The commissioner shall have 120
responsibility for the overall operation and administration of the 121
Department of Public Health. The commissioner shall have the power 122
and duty to: (1) Administer, coordinate and direct the operation of the 123
department; (2) adopt and enforce regulations, in accordance with 124
chapter 54, as are necessary to carry out the purposes of the department 125
as established by statute; (3) establish rules for the internal operation 126
and administration of the department; (4) establish and develop 127
programs and administer services to achieve the purposes of the 128
department as established by statute; (5) enter into a contract, including, 129
but not limited to, a contract with another state, for facilities, services 130
and programs to implement the purposes of the department as 131
established by statute; (6) designate a deputy commissioner or other 132
employee of the department to sign any license, certificate or permit 133
issued by said department; (7) conduct a hearing, issue subpoenas, 134
administer oaths, compel testimony and render a final decision in any 135
case when a hearing is required or authorized under the provisions of 136
any statute dealing with the Department of Public Health; (8) with the 137
health authorities of this and other states, secure information and data 138
concerning the prevention and control of epidemics and conditions 139
affecting or endangering the public health, and compile such 140
information and statistics and shall disseminate among health 141
authorities and the people of the state such information as may be of 142
value to them; (9) annually issue a list of reportable diseases, emergency 143
illnesses and health conditions and a list of reportable laboratory 144
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findings and amend such lists as the commissioner deems necessary and 145
distribute such lists as well as any necessary forms to each licensed 146
physician, licensed physician assistant, licensed advanced practice 147
registered nurse and clinical laboratory in this state. The commissioner 148
shall prepare printed forms for reports and returns, with such 149
instructions as may be necessary, for the use of directors of health, 150
boards of health and registrars of vital statistics; and (10) specify 151
uniform methods of keeping statistical information by public and 152
private agencies, organizations and individuals, including a client 153
identifier system, and collect and make available relevant statistical 154
information, including the number of persons treated, frequency of 155
admission and readmission, and frequency and duration of treatment. 156
The client identifier system shall be subject to the confidentiality 157
requirements set forth in section 17a-688 and regulations adopted 158
thereunder. The commissioner may designate any person to perform 159
any of the duties listed in subdivision (7) of this section. The 160
commissioner shall have authority over directors of health and may, for 161
cause, remove any such director; but any person claiming to be 162
aggrieved by such removal may appeal to the Superior Court which 163
may affirm or reverse the action of the commissioner as the public 164
interest requires. The commissioner shall assist and advise local 165
directors of health and district directors of health in the performance of 166
their duties, and may require the enforcement of any law, regulation or 167
ordinance relating to public health. In the event the commissioner 168
reasonably suspects impropriety on the part of a local director of health 169
or district director of health, or employee of such director, in the 170
performance of his or her duties, the commissioner shall provide 171
notification and any evidence of such impropriety to the appropriate 172
governing authority of the municipal health authority, established 173
pursuant to section 19a-200, or the district department of health, 174
established pursuant to section 19a-244, for purposes of reviewing and 175
assessing a director's or an employee's compliance with such duties. 176
Such governing authority shall provide a written report of its findings 177
from the review and assessment to the commissioner not later than 178
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ninety days after such review and assessment. When requested by local 179
directors of health or district directors of health, the commissioner shall 180
consult with them and investigate and advise concerning any condition 181
affecting public health within their jurisdiction. The commissioner shall 182
investigate nuisances and conditions affecting, or that he or she has 183
reason to suspect may affect, the security of life and health in any 184
locality and, for that purpose, the commissioner, or any person 185
authorized by the commissioner, may enter and examine any ground, 186
vehicle, apartment, building or place, and any person designated by the 187
commissioner shall have the authority conferred by law upon 188
constables. Whenever the commissioner determines that any provision 189
of the general statutes or regulation of the Public Health Code is not 190
being enforced effectively by a local health department or health district, 191
he or she shall forthwith take such measures, including the performance 192
of any act required of the local health department or health district, to 193
ensure enforcement of such statute or regulation and shall inform the 194
local health department or health district of such measures. In 195
September of each year the commissioner shall certify to the Secretary 196
of the Office of Policy and Management the population of each 197
municipality. The commissioner may solicit and accept for use any gift 198
of money or property made by will or otherwise, and any grant of or 199
contract for money, services or property from the federal government, 200
the state, any political subdivision thereof, any other state or any private 201
source, and do all things necessary to cooperate with the federal 202
government or any of its agencies in making an application for any grant 203
or contract. The commissioner may enter into such contracts or 204
agreements, in accordance with any established procedures, as may be 205
necessary for the distribution or use of said money, services or property 206
in accordance with any requirements to fulfill any conditions of a gift, 207
grant or contract. The commissioner may establish state-wide and 208
regional advisory councils. For purposes of this section, "employee of 209
such director" means an employee of, a consultant employed or retained 210
by or an independent contractor retained by a local director of health, a 211
district director of health, a local health department or a health district. 212
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Sec. 7. Section 20-99 of the general statutes is amended by adding 213
subsection (c) as follows (Effective from passage): 214
(NEW) (c) Nothing in this section shall prohibit the board from 215
holding a contested case hearing, in accordance with the provisions of 216
chapter 54, before (1) one or more hearing officers, or (2) one or more 217
members of the board pursuant to section 4-176e. 218
Sec. 8. Subsection (a) of section 19a-494 of the general statutes is 219
repealed and the following is substituted in lieu thereof (Effective from 220
passage): 221
(a) The Commissioner of Public Health, after a hearing held in 222
accordance with the provisions of chapter 54, may take any of the 223
following actions, singly or in combination, in any case in which the 224
commissioner finds that there has been a substantial failure to comply 225
with the requirements established under this chapter or requirements 226
relating to institutions established under this title, the Public Health 227
Code or licensing regulations: 228
(1) Revoke a license or certificate; 229
(2) Suspend a license or certificate; 230
(3) Censure a licensee or certificate holder; 231
(4) Issue a letter of reprimand to a licensee or certificate holder; 232
(5) Place a licensee or certificate holder on probationary status and 233
require such licensee or certificate holder to report regularly to the 234
department on the matters which are the basis of the probation; 235
(6) Restrict the acquisition of other facilities for a period of time set 236
by the commissioner; 237
(7) Issue an order compelling compliance with applicable statutes or 238
regulations of the department; 239
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(8) Impose a directed plan of correction; or 240
(9) Assess a civil penalty not to exceed twenty-five thousand dollars, 241
provided no such penalty shall be assessed for violations arising from 242
the investigation of a complaint filed with the Department of Public 243
Health before July 1, 2024, except for violations of regulatory 244
requirements relating to abuse or neglect of patients, as such terms are 245
defined in 42 CFR 483.5. 246
Sec. 9. Subsection (g) of section 19a-565 of the general statutes is 247
repealed and the following is substituted in lieu thereof (Effective from 248
passage): 249
(g) A license issued under this section may be revoked or suspended 250
in accordance with chapter 54 or subject to any other disciplinary action 251
specified in section [19a-17] 19a-494, as amended by this act, if the 252
licensed clinical laboratory, blood collection facility or source plasma 253
donation center has engaged in fraudulent practices, fee-splitting 254
inducements or bribes, including, but not limited to, in the case of a 255
clinical laboratory, violations of subsection (h) of this section, or violated 256
any other provision of this section or regulations adopted under this 257
section after notice and a hearing is provided in accordance with the 258
provisions of said chapter. 259
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 19a-6t(h)
Sec. 2 July 1, 2025 19a-59h(d) and (e)
Sec. 3 July 1, 2025 19a-59i(d)
Sec. 4 July 1, 2025 19a-25(a)
Sec. 5 October 1, 2025 19a-493(a)
Sec. 6 from passage 19a-2a
Sec. 7 from passage 20-99(c)
Sec. 8 from passage 19a-494(a)
Sec. 9 from passage 19a-565(g)
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Statement of Purpose:
To implement the Department of Public Health's recommendations
regarding various revisions to the public health statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]