Connecticut 2025 Regular Session

Connecticut House Bill HB06978 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1 of 9
	3	+	LCO No. 4657 1 of 10
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5		-	General Assembly ~~Substitute~~ Bill No. 6978
	5	+	General Assembly Raised Bill No. 6978
6	6		January Session, 2025
	7	+	LCO No. 4657
	8	+
	9	+
	10	+	Referred to Committee on PUBLIC HEALTH
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PH)
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7	17
8	18
9	19		AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
10	20		RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO THE
11	21		PUBLIC HEALTH STATUTES.
12	22		Be it enacted by the Senate and House of Representatives in General
13	23		Assembly convened:
14	24
15	25		Section 1. Section 19a-6t of the general statutes is amended by adding 1
16	26		subsection (h) as follows (Effective from passage): 2
17	27		(NEW) (h) The council may apply for and accept grants, gifts, 3
18	28		bequests, sponsorships and in-kind donations of funds from federal and 4
19	29		interstate agencies, private firms, individuals and foundations for the 5
20	30		purpose of carrying out its responsibilities. 6
21	31		Sec. 2. Subsections (d) and (e) of section 19a-59h of the general 7
22	32		statutes are repealed and the following is substituted in lieu thereof 8
23	33		(Effective July 1, 2025): 9
24	34		(d) A hospital shall provide the department with access, including 10
25	35		remote access, to the entirety of a patient's medical record, as the 11
26	36		department deems necessary, to review case information related to a 12
27	37		maternal death case under review by the program. Such remote access 13
	38	+	Raised Bill No. 6978
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	40	+
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28	44		shall be provided on or before October 1, 2022, if technically feasible. All 14
29	45		personal information obtained from the medical record [shall not be 15
30	46		divulged to anyone and] shall be held strictly confidential pursuant to 16
31	47		section 19a-25, as amended by this act, by the department. 17
32		-	(e) All information obtained by the department for the maternal 18 Substitute Bill No. 6978
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34		-
35		-	LCO 2 of 9
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	48	+	(e) All information obtained by the department for the maternal 18
37	49		mortality review program shall be confidential pursuant to section 19a-19
38	50		25, as amended by this act. The department may use such information 20
39	51		to improve the accuracy of vital statistics data. 21
40	52		Sec. 3. Subsection (d) of section 19a-59i of the general statutes is 22
41	53		repealed and the following is substituted in lieu thereof (Effective July 1, 23
42	54		2025): 24
43	55		(d) Whenever a meeting of the maternal mortality review committee 25
44	56		takes place, the committee shall consult with relevant experts to 26
45	57		evaluate the information and findings obtained from the department 27
46	58		pursuant to section 19a-59h, as amended by this act, and make 28
47	59		recommendations regarding the prevention of maternal deaths. Not 29
48	60		later than ninety days after such meeting, the committee shall report, to 30
49	61		the Commissioner of Public Health, any recommendations and findings 31
50	62		of the committee in a manner that complies with section 19a-25, as 32
51	63		amended by this act. The department may use any finding of the 33
52	64		committee to improve the accuracy of vital statistics data. 34
53	65		Sec. 4. Subsection (a) of section 19a-25 of the general statutes is 35
54	66		repealed and the following is substituted in lieu thereof (Effective July 1, 36
55	67		2025): 37
56	68		(a) All information, records of interviews, written reports, statements, 38
57	69		notes, memoranda or other data, including personal data as defined in 39
58	70		subdivision (9) of section 4-190, procured by: (1) The Department of 40
59	71		Public Health, by staff committees of facilities accredited by the 41
60	72		Department of Public Health, the maternity mortality review 42
61	73		committee, established pursuant to section 19a-59i, as amended by this 43
62	74		act, or the infant mortality review committee, established pursuant to 44
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63	81		section 19a-59k, in connection with studies of morbidity and mortality 45
64	82		conducted by the Department of Public Health, such staff committees, 46
65	83		the maternal mortality review committee or the infant mortality review 47
66	84		committee, or carried on by said department, such staff committees or 48
67	85		the maternal mortality review committee jointly with other persons, 49
68		-	agencies or organizations, (2) the directors of health of towns, cities or 50 Substitute Bill No. 6978
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70		-
71		-	LCO 3 of 9
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	86	+	agencies or organizations, (2) the directors of health of towns, cities or 50
73	87		boroughs or the Department of Public Health pursuant to section 19a-51
74	88		215, or (3) the Department of Public Health or such other persons, 52
75	89		agencies or organizations, for the purpose of reducing the morbidity or 53
76	90		mortality from any cause or condition, shall be confidential and shall be 54
77	91		used solely for the purposes of (A) medical or scientific research, [and,] 55
78	92		(B) for information obtained pursuant to section 19a-215, disease 56
79	93		prevention and control by the local director of health and the 57
80	94		Department of Public Health, [and] (C) reducing the morbidity or 58
81	95		mortality from any cause or condition, (D) for information obtained by 59
82	96		the department for the maternal mortality review program pursuant to 60
83	97		section 19a-59h, as amended by this act, improving the accuracy of vital 61
84	98		statistics data, and (E) for findings of the maternal mortality review 62
85	99		committee, established pursuant to section 19a-59i, as amended by this 63
86	100		act, improving the accuracy of vital statistics data. Such information, 64
87	101		records, reports, statements, notes, memoranda or other data shall not 65
88	102		be admissible as evidence in any action of any kind in any court or 66
89	103		before any other tribunal, board, agency or person, nor shall it be 67
90	104		exhibited or its contents disclosed in any way, in whole or in part, by 68
91	105		any officer or representative of the Department of Public Health or of 69
92	106		any such facility, by any person participating in such a research project 70
93	107		or by any other person, except as may be necessary for the purpose of 71
94	108		furthering the research project or public health use to which it relates. 72
95	109		Sec. 5. Subsection (a) of section 19a-493 of the general statutes is 73
96	110		repealed and the following is substituted in lieu thereof (Effective October 74
97	111		1, 2025): 75
98	112		(a) Upon receipt of an application for an initial license, the 76
99	113		Department of Public Health, subject to the provisions of section 19a-77
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100	120		491a, shall issue such license if, upon conducting a scheduled inspection 78
101	121		and investigation, the department finds that the applicant and facilities 79
102	122		meet the requirements established under section 19a-495, provided a 80
103	123		license shall be issued to or renewed for an institution, as defined in 81
104	124		section 19a-490, only if such institution is not otherwise required to be 82
105	125		licensed by the state. If an institution, as defined in [subsections (b), (d), 83
106		-	(e) and (f) of] section 19a-490, except for a nursing home or nursing 84 Substitute Bill No. 6978
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108		-
109		-	LCO 4 of 9
110		-
	126	+	(e) and (f) of] section 19a-490, except for a nursing home or nursing 84
111	127		home facility, as defined in section 19a-490, applies for license renewal 85
112	128		and, [has been] at the time of such application for license renewal, is 86
113	129		certified as a provider of services by the United States Department of 87
114		-	Health and Human Services under Medicare or Medicaid programs, 88
	130	+	Health and Human Services under Medicare or Medicaid programs 88
115	131		[within the immediately preceding twelve-month period, or if an 89
116	132		institution, as defined in subsection (b) of section 19a-490, is currently 90
117	133		certified,] the commissioner or the commissioner's designee may waive, 91
118	134		on renewal of the institution's license, the inspection and investigation 92
119	135		of such [facility] institution required by this section and, in such event, 93
120	136		any such [facility] institution shall be deemed to have satisfied the 94
121	137		requirements of section 19a-495 for the purposes of licensure. Such 95
122	138		license shall be valid for two years or a fraction thereof and shall 96
123	139		terminate on March thirty-first, June thirtieth, September thirtieth or 97
124	140		December thirty-first of the appropriate year. A license issued pursuant 98
125	141		to this chapter, unless sooner suspended or revoked, shall be renewable 99
126	142		biennially (1) after an unscheduled inspection is conducted by the 100
127	143		department, and (2) upon the filing by the licensee, and approval by the 101
128	144		department, of a report upon such date and containing such information 102
129	145		in such form as the department prescribes and satisfactory evidence of 103
130	146		continuing compliance with requirements established under section 104
131	147		19a-495. In the case of an institution, as defined in subsection (d) of 105
132	148		section 19a-490, that is also certified as a provider under the Medicare 106
133	149		program, the license shall be issued for a period not to exceed three 107
134	150		years, to run concurrently with the certification period. In the case of an 108
135	151		institution, as defined in subsection (m) of section 19a-490, that is 109
136	152		applying for renewal, the license shall be issued pursuant to section 19a-110
137	153		491. Except in the case of a multicare institution, each license shall be 111
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138	160		issued only for the premises and persons named in the application. Such 112
139	161		license shall not be transferable or assignable. Licenses shall be posted 113
140	162		in a conspicuous place in the licensed premises. 114
141	163		Sec. 6. Section 19a-2a of the general statutes is repealed and the 115
142	164		following is substituted in lieu thereof (Effective from passage): 116
143	165		The Commissioner of Public Health shall employ the most efficient 117
144		-	and practical means for the prevention and suppression of disease and 118 Substitute Bill No. 6978
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147		-	LCO 5 of 9
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	166	+	and practical means for the prevention and suppression of disease and 118
149	167		shall administer all laws under the jurisdiction of the Department of 119
150	168		Public Health and the Public Health Code. The commissioner shall have 120
151	169		responsibility for the overall operation and administration of the 121
152	170		Department of Public Health. The commissioner shall have the power 122
153	171		and duty to: (1) Administer, coordinate and direct the operation of the 123
154	172		department; (2) adopt and enforce regulations, in accordance with 124
155	173		chapter 54, as are necessary to carry out the purposes of the department 125
156	174		as established by statute; (3) establish rules for the internal operation 126
157	175		and administration of the department; (4) establish and develop 127
158	176		programs and administer services to achieve the purposes of the 128
159	177		department as established by statute; (5) enter into a contract, including, 129
160	178		but not limited to, a contract with another state, for facilities, services 130
161	179		and programs to implement the purposes of the department as 131
162	180		established by statute; (6) designate a deputy commissioner or other 132
163	181		employee of the department to sign any license, certificate or permit 133
164	182		issued by said department; (7) conduct a hearing, issue subpoenas, 134
165	183		administer oaths, compel testimony and render a final decision in any 135
166	184		case when a hearing is required or authorized under the provisions of 136
167	185		any statute dealing with the Department of Public Health; (8) with the 137
168	186		health authorities of this and other states, secure information and data 138
169	187		concerning the prevention and control of epidemics and conditions 139
170	188		affecting or endangering the public health, and compile such 140
171	189		information and statistics and shall disseminate among health 141
172	190		authorities and the people of the state such information as may be of 142
173	191		value to them; (9) annually issue a list of reportable diseases, emergency 143
174	192		illnesses and health conditions and a list of reportable laboratory 144
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175	199		findings and amend such lists as the commissioner deems necessary and 145
176	200		distribute such lists as well as any necessary forms to each licensed 146
177	201		physician, licensed physician assistant, licensed advanced practice 147
178	202		registered nurse and clinical laboratory in this state. The commissioner 148
179	203		shall prepare printed forms for reports and returns, with such 149
180	204		instructions as may be necessary, for the use of directors of health, 150
181	205		boards of health and registrars of vital statistics; and (10) specify 151
182	206		uniform methods of keeping statistical information by public and 152
183		-	private agencies, organizations and individuals, including a client 153 Substitute Bill No. 6978
184		-
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186		-	LCO 6 of 9
187		-
	207	+	private agencies, organizations and individuals, including a client 153
188	208		identifier system, and collect and make available relevant statistical 154
189	209		information, including the number of persons treated, frequency of 155
190	210		admission and readmission, and frequency and duration of treatment. 156
191	211		The client identifier system shall be subject to the confidentiality 157
192	212		requirements set forth in section 17a-688 and regulations adopted 158
193	213		thereunder. The commissioner may designate any person to perform 159
194	214		any of the duties listed in subdivision (7) of this section. The 160
195	215		commissioner shall have authority over directors of health and may, for 161
196	216		cause, remove any such director; but any person claiming to be 162
197	217		aggrieved by such removal may appeal to the Superior Court which 163
198	218		may affirm or reverse the action of the commissioner as the public 164
199	219		interest requires. The commissioner shall assist and advise local 165
200	220		directors of health and district directors of health in the performance of 166
201	221		their duties, and may require the enforcement of any law, regulation or 167
202	222		ordinance relating to public health. In the event the commissioner 168
203	223		reasonably suspects impropriety on the part of a local director of health 169
204	224		or district director of health, or employee of such director, in the 170
205	225		performance of his or her duties, the commissioner shall provide 171
206	226		notification and any evidence of such impropriety to the appropriate 172
207	227		governing authority of the municipal health authority, established 173
208	228		pursuant to section 19a-200, or the district department of health, 174
209	229		established pursuant to section 19a-244, for purposes of reviewing and 175
210	230		assessing a director's or an employee's compliance with such duties. 176
211	231		Such governing authority shall provide a written report of its findings 177
212	232		from the review and assessment to the commissioner not later than 178
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213	239		ninety days after such review and assessment. When requested by local 179
214	240		directors of health or district directors of health, the commissioner shall 180
215	241		consult with them and investigate and advise concerning any condition 181
216	242		affecting public health within their jurisdiction. The commissioner shall 182
217	243		investigate nuisances and conditions affecting, or that he or she has 183
218	244		reason to suspect may affect, the security of life and health in any 184
219	245		locality and, for that purpose, the commissioner, or any person 185
220	246		authorized by the commissioner, may enter and examine any ground, 186
221	247		vehicle, apartment, building or place, and any person designated by the 187
222		-	commissioner shall have the authority conferred by law upon 188 Substitute Bill No. 6978
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225		-	LCO 7 of 9
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	248	+	commissioner shall have the authority conferred by law upon 188
227	249		constables. Whenever the commissioner determines that any provision 189
228	250		of the general statutes or regulation of the Public Health Code is not 190
229	251		being enforced effectively by a local health department or health district, 191
230	252		he or she shall forthwith take such measures, including the performance 192
231	253		of any act required of the local health department or health district, to 193
232	254		ensure enforcement of such statute or regulation and shall inform the 194
233	255		local health department or health district of such measures. In 195
234	256		September of each year the commissioner shall certify to the Secretary 196
235	257		of the Office of Policy and Management the population of each 197
236	258		municipality. The commissioner may solicit and accept for use any gift 198
237	259		of money or property made by will or otherwise, and any grant of or 199
238	260		contract for money, services or property from the federal government, 200
239	261		the state, any political subdivision thereof, any other state or any private 201
240	262		source, and do all things necessary to cooperate with the federal 202
241	263		government or any of its agencies in making an application for any grant 203
242		-	or contract. The commissioner may enter into ~~any~~ contracts or 204
	264	+	or contract. The commissioner may enter into such contracts or 204
243	265		agreements, in accordance with any established procedures, as may be 205
244		-	necessary for the distribution or use of ~~such~~ money, services or property 206
	266	+	necessary for the distribution or use of said money, services or property 206
245	267		in accordance with any requirements to fulfill any conditions of a gift, 207
246	268		grant or contract. The commissioner may establish state-wide and 208
247	269		regional advisory councils. For purposes of this section, "employee of 209
248	270		such director" means an employee of, a consultant employed or retained 210
249	271		by or an independent contractor retained by a local director of health, a 211
250	272		district director of health, a local health department or a health district. 212
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251	279		Sec. 7. Section 20-99 of the general statutes is amended by adding 213
252	280		subsection (c) as follows (Effective from passage): 214
253	281		(NEW) (c) Nothing in this section shall prohibit the board from 215
254	282		holding a contested case hearing, in accordance with the provisions of 216
255	283		chapter 54, before (1) one or more hearing officers, or (2) one or more 217
256	284		members of the board pursuant to section 4-176e. 218
257	285		Sec. 8. Subsection (a) of section 19a-494 of the general statutes is 219
258	286		repealed and the following is substituted in lieu thereof (Effective from 220
259		-	passage): 221 Substitute Bill No. 6978
260		-
261		-
262		-	LCO 8 of 9
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	287	+	passage): 221
264	288		(a) The Commissioner of Public Health, after a hearing held in 222
265	289		accordance with the provisions of chapter 54, may take any of the 223
266	290		following actions, singly or in combination, in any case in which the 224
267	291		commissioner finds that there has been a substantial failure to comply 225
268	292		with the requirements established under this chapter or requirements 226
269	293		relating to institutions established under this title, the Public Health 227
270	294		Code or licensing regulations: 228
271	295		(1) Revoke a license or certificate; 229
272	296		(2) Suspend a license or certificate; 230
273	297		(3) Censure a licensee or certificate holder; 231
274	298		(4) Issue a letter of reprimand to a licensee or certificate holder; 232
275	299		(5) Place a licensee or certificate holder on probationary status and 233
276	300		require such licensee or certificate holder to report regularly to the 234
277	301		department on the matters which are the basis of the probation; 235
278	302		(6) Restrict the acquisition of other facilities for a period of time set 236
279	303		by the commissioner; 237
280	304		(7) Issue an order compelling compliance with applicable statutes or 238
281	305		regulations of the department; 239
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282	312		(8) Impose a directed plan of correction; or 240
283	313		(9) Assess a civil penalty not to exceed twenty-five thousand dollars, 241
284	314		provided no such penalty shall be assessed for violations arising from 242
285	315		the investigation of a complaint filed with the Department of Public 243
286	316		Health before July 1, 2024, except for violations of regulatory 244
287	317		requirements relating to abuse or neglect of patients, as such terms are 245
288	318		defined in 42 CFR 483.5. 246
289	319		Sec. 9. Subsection (g) of section 19a-565 of the general statutes is 247
290	320		repealed and the following is substituted in lieu thereof (Effective from 248
291		-	passage): 249 Substitute Bill No. 6978
292		-
293		-
294		-	LCO 9 of 9
295		-
	321	+	passage): 249
296	322		(g) A license issued under this section may be revoked or suspended 250
297	323		in accordance with chapter 54 or subject to any other disciplinary action 251
298	324		specified in section [19a-17] 19a-494, as amended by this act, if the 252
299	325		licensed clinical laboratory, blood collection facility or source plasma 253
300	326		donation center has engaged in fraudulent practices, fee-splitting 254
301	327		inducements or bribes, including, but not limited to, in the case of a 255
302	328		clinical laboratory, violations of subsection (h) of this section, or violated 256
303	329		any other provision of this section or regulations adopted under this 257
304	330		section after notice and a hearing is provided in accordance with the 258
305	331		provisions of said chapter. 259
306	332		This act shall take effect as follows and shall amend the following
307	333		sections:
308	334
309	335		Section 1 from passage 19a-6t(h)
310	336		Sec. 2 July 1, 2025 19a-59h(d) and (e)
311	337		Sec. 3 July 1, 2025 19a-59i(d)
312	338		Sec. 4 July 1, 2025 19a-25(a)
313	339		Sec. 5 October 1, 2025 19a-493(a)
314	340		Sec. 6 from passage 19a-2a
315	341		Sec. 7 from passage 20-99(c)
316	342		Sec. 8 from passage 19a-494(a)
317	343		Sec. 9 from passage 19a-565(g)
318	344
319		-	Statement of Legislative Commissioners:
320		-	In Section 6, "such contracts or agreements" was changed to "any
321		-	contracts or agreements" and "said money" was changed to "such
322		-	money" for clarity.
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323	346
324		-	PH Joint Favorable Subst. -LCO
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	351	+	Statement of Purpose:
	352	+	To implement the Department of Public Health's recommendations
	353	+	regarding various revisions to the public health statutes.
	354	+
	355	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	356	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	357	+	underlined.]
325	358