Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | - | LCO 1 of 26 | |
4 | 3 | ||
5 | - | General Assembly Substitute Bill No. 7 | |
4 | + | LCO No. 6182 1 of 46 | |
5 | + | ||
6 | + | General Assembly Committee Bill No. 7 | |
6 | 7 | January Session, 2025 | |
8 | + | LCO No. 6182 | |
7 | 9 | ||
8 | 10 | ||
11 | + | Referred to Committee on PUBLIC HEALTH | |
12 | + | ||
13 | + | ||
14 | + | Introduced by: | |
15 | + | (PH) | |
9 | 16 | ||
10 | 17 | ||
11 | 18 | ||
12 | 19 | AN ACT CONCERNING PROTECTIONS FOR ACCESS TO HEALTH | |
13 | 20 | CARE AND THE EQUITABLE DELIVERY OF HEALTH CARE | |
14 | 21 | SERVICES IN THE STATE. | |
15 | 22 | Be it enacted by the Senate and House of Representatives in General | |
16 | 23 | Assembly convened: | |
17 | 24 | ||
18 | 25 | Section 1. Section 19a-38 of the general statutes is repealed and the 1 | |
19 | - | following is substituted in lieu thereof (Effective | |
26 | + | following is substituted in lieu thereof (Effective October 1, 2025): 2 | |
20 | 27 | A water company, as defined in section 25-32a, shall add a measured 3 | |
21 | 28 | amount of fluoride to the water supply of any water system that it owns 4 | |
22 | 29 | and operates and that serves twenty thousand or more persons so as to 5 | |
23 | 30 | maintain an average monthly fluoride content that is not more or less 6 | |
24 | 31 | than [0.15 of a milligram per liter different than the United States 7 | |
25 | 32 | Department of Health and Human Services' most recent 8 | |
26 | 33 | recommendation for optimal fluoride levels in drinking water to 9 | |
27 | 34 | prevent tooth decay] 0.7 of a milligram of fluoride per liter of water 10 | |
28 | 35 | provided such average monthly fluoride content shall not deviate 11 | |
29 | 36 | greater or less than 0.15 of a milligram per liter. 12 | |
30 | 37 | Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Public 13 | |
31 | 38 | Health may establish an advisory committee to advise the commissioner 14 | |
32 | 39 | on matters relating to recommendations by the Centers for Disease 15 | |
33 | - | Control and Prevention and the federal Food and Drug Administration 16 | |
34 | - | using evidence-based data from peer-reviewed literature and studies. 17 Substitute Bill No. 7 | |
40 | + | Committee Bill No. 7 | |
35 | 41 | ||
36 | 42 | ||
37 | - | LCO | |
43 | + | LCO No. 6182 2 of 46 | |
38 | 44 | ||
45 | + | Control and Prevention and the federal Food and Drug Administration 16 | |
46 | + | using evidence-based data from peer-reviewed literature and studies. 17 | |
39 | 47 | (b) The advisory committee may include, but need not be limited to, 18 | |
40 | 48 | the following members: 19 | |
41 | 49 | (1) The dean of a school of public health at an independent institution 20 | |
42 | 50 | of higher education in the state; 21 | |
43 | 51 | (2) The dean of a school of public health at a public institution of 22 | |
44 | 52 | higher education in the state; 23 | |
45 | 53 | (3) A physician specializing in primary care who (A) has not less than 24 | |
46 | 54 | ten years of clinical practice experience, and (B) is a professor at a 25 | |
47 | 55 | medical school in the state; 26 | |
48 | 56 | (4) An infectious disease specialist who (A) has not less than ten years 27 | |
49 | 57 | of clinical practice experience, and (B) is a professor at an institution of 28 | |
50 | 58 | higher education in the state; 29 | |
51 | 59 | (5) A pediatrician who (A) has not less than ten years of clinical 30 | |
52 | 60 | practice experience and expertise in children's health and vaccinations, 31 | |
53 | 61 | and (B) is a professor at an institution of higher education in the state; 32 | |
54 | 62 | and 33 | |
55 | 63 | (6) Any other individuals determined to be a beneficial member of 34 | |
56 | 64 | the advisory committee by the Commissioner of Public Health. 35 | |
57 | 65 | (c) The advisory committee shall serve in a nonbinding advisory 36 | |
58 | 66 | capacity, providing guidance solely at the discretion of the 37 | |
59 | 67 | Commissioner of Public Health. 38 | |
60 | - | Sec. 3. (NEW) (Effective July 1, 2025) (a) As used in this section: 39 | |
61 | - | (1) "Emergency medical condition" has the same meaning as 40 | |
62 | - | provided in section 4 of this act; 41 | |
63 | - | (2) "Emergency medical services" has the same meaning as provided 42 | |
64 | - | in section 4 of this act; 43 | |
65 | - | (3) "Gender-affirming health care services" has the same meaning as 44 | |
66 | - | provided in section 52-571n of the general statutes; 45 Substitute Bill No. 7 | |
68 | + | Sec. 3. Section 19a-508c of the general statutes is repealed and the 39 | |
69 | + | following is substituted in lieu thereof (Effective July 1, 2025): 40 | |
70 | + | (a) As used in this section: 41 | |
71 | + | (1) "Affiliated provider" means a provider that is: (A) Employed by a 42 | |
72 | + | Committee Bill No. 7 | |
67 | 73 | ||
68 | 74 | ||
69 | - | LCO | |
75 | + | LCO No. 6182 3 of 46 | |
70 | 76 | ||
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77 | + | hospital or health system, (B) under a professional services agreement 43 | |
78 | + | with a hospital or health system that permits such hospital or health 44 | |
79 | + | system to bill on behalf of such provider, or (C) a clinical faculty member 45 | |
80 | + | of a medical school, as defined in section 33-182aa, that is affiliated with 46 | |
81 | + | a hospital or health system in a manner that permits such hospital or 47 | |
82 | + | health system to bill on behalf of such clinical faculty member; 48 | |
83 | + | (2) "Campus" means: (A) The physical area immediately adjacent to a 49 | |
84 | + | hospital's main buildings and other areas and structures that are not 50 | |
85 | + | strictly contiguous to the main buildings but are located within two 51 | |
86 | + | hundred fifty yards of the main buildings, or (B) any other area that has 52 | |
87 | + | been determined on an individual case basis by the Centers for Medicare 53 | |
88 | + | and Medicaid Services to be part of a hospital's campus; 54 | |
89 | + | (3) "Facility fee" means any fee charged or billed by a hospital or 55 | |
90 | + | health system for outpatient services provided in a hospital-based 56 | |
91 | + | facility that is: (A) Intended to compensate the hospital or health system 57 | |
92 | + | for the operational expenses of the hospital or health system, and (B) 58 | |
93 | + | separate and distinct from a professional fee; 59 | |
94 | + | (4) "Health care provider" means an individual, entity, corporation, 60 | |
95 | + | person or organization, whether for-profit or nonprofit, that furnishes, 61 | |
96 | + | bills or is paid for health care service delivery in the normal course of 62 | |
97 | + | business, including, but not limited to, a health system, a hospital, a 63 | |
98 | + | hospital-based facility, a freestanding emergency department and an 64 | |
99 | + | urgent care center; 65 | |
100 | + | (5) "Health system" means: (A) A parent corporation of one or more 66 | |
101 | + | hospitals and any entity affiliated with such parent corporation through 67 | |
102 | + | ownership, governance, membership or other means, or (B) a hospital 68 | |
103 | + | and any entity affiliated with such hospital through ownership, 69 | |
104 | + | governance, membership or other means; 70 | |
105 | + | (6) "Hospital" has the same meaning as provided in section 19a-490; 71 | |
106 | + | (7) "Hospital-based facility" means a facility that is owned or 72 | |
107 | + | Committee Bill No. 7 | |
102 | 108 | ||
103 | 109 | ||
104 | - | LCO | |
110 | + | LCO No. 6182 4 of 46 | |
105 | 111 | ||
106 | - | the patient's health or life; or 77 | |
107 | - | (B) Comprehensive, medically accurate and appropriate information 78 | |
108 | - | and counseling about available and relevant services and resources in 79 | |
109 | - | the community and methods to access such services and resources to 80 | |
110 | - | obtain health care of the patient's choosing. 81 | |
111 | - | (2) Nothing in subdivision (1) of this subsection shall be construed to 82 | |
112 | - | prohibit a health care entity that employs a health care provider from 83 | |
113 | - | performing relevant peer review of the health care provider or requiring 84 | |
114 | - | such health care provider to: 85 | |
115 | - | (A) Comply with preferred provider network or utilization review 86 | |
116 | - | requirements of any program or entity authorized by state or federal 87 | |
117 | - | law to provide insurance coverage for health care services to an enrollee; 88 | |
118 | - | and 89 | |
119 | - | (B) Meet established health care quality and patient safety guidelines 90 | |
120 | - | or rules. 91 | |
121 | - | (3) No health care entity shall discharge or discipline a health care 92 | |
122 | - | provider solely for providing information or counseling as described in 93 | |
123 | - | subdivision (1) of this subsection. 94 | |
124 | - | (c) (1) If a health care provider is acting in good faith, within the scope 95 | |
125 | - | of the health care provider's practice, education, training and experience 96 | |
126 | - | and within the accepted standard of care, a hospital with an emergency 97 | |
127 | - | department shall not prohibit the health care provider from providing 98 | |
128 | - | any emergency medical services, including reproductive health care 99 | |
129 | - | services, (A) if the failure to provide such services would violate the 100 | |
130 | - | accepted standard of care, or (B) if the patient is suffering from an 101 | |
131 | - | emergency medical condition. 102 | |
132 | - | (2) Nothing in subdivision (1) of this subsection shall be construed to 103 | |
133 | - | prohibit a health care entity from limiting a health care provider's 104 | |
134 | - | practice for purposes of: 105 | |
135 | - | (A) Complying with preferred provider network or utilization review 106 Substitute Bill No. 7 | |
112 | + | operated, in whole or in part, by a hospital or health system where 73 | |
113 | + | hospital or professional medical services are provided; 74 | |
114 | + | (8) "Medicaid" means the program operated by the Department of 75 | |
115 | + | Social Services pursuant to section 17b-260 and authorized by Title XIX 76 | |
116 | + | of the Social Security Act, as amended from time to time; 77 | |
117 | + | (9) "Observation" means services furnished by a hospital on the 78 | |
118 | + | hospital's campus, regardless of length of stay, including use of a bed 79 | |
119 | + | and periodic monitoring by the hospital's nursing or other staff to 80 | |
120 | + | evaluate an outpatient's condition or determine the need for admission 81 | |
121 | + | to the hospital as an inpatient; 82 | |
122 | + | (10) "Payer mix" means the proportion of different sources of 83 | |
123 | + | payment received by a hospital or health system, including, but not 84 | |
124 | + | limited to, Medicare, Medicaid, other government-provided insurance, 85 | |
125 | + | private insurance and self-pay patients; 86 | |
126 | + | (11) "Professional fee" means any fee charged or billed by a provider 87 | |
127 | + | for professional medical services provided in a hospital-based facility; 88 | |
128 | + | (12) "Provider" means an individual, entity, corporation or health 89 | |
129 | + | care provider, whether for profit or nonprofit, whose primary purpose 90 | |
130 | + | is to provide professional medical services; and 91 | |
131 | + | (13) "Tagline" means a short statement written in a non-English 92 | |
132 | + | language that indicates the availability of language assistance services 93 | |
133 | + | free of charge. 94 | |
134 | + | (b) If a hospital or health system charges a facility fee utilizing a 95 | |
135 | + | current procedural terminology evaluation and management (CPT 96 | |
136 | + | E/M) code, [or] assessment and management (CPT A/M) code , 97 | |
137 | + | injection and infusion (CPT) code or drug administration (CPT) code for 98 | |
138 | + | outpatient services provided at a hospital-based facility where a 99 | |
139 | + | professional fee is also expected to be charged, the hospital or health 100 | |
140 | + | system shall provide the patient with a written notice that includes the 101 | |
141 | + | following information: 102 | |
142 | + | Committee Bill No. 7 | |
136 | 143 | ||
137 | 144 | ||
138 | - | LCO | |
145 | + | LCO No. 6182 5 of 46 | |
139 | 146 | ||
140 | - | requirements of any program or entity authorized by state or federal 107 | |
141 | - | law to provide insurance coverage for health care services to an enrollee; 108 | |
142 | - | or 109 | |
143 | - | (B) Ensuring quality of care and patient safety, including, but not 110 | |
144 | - | limited to, when quality of care or patient safety issues are identified 111 | |
145 | - | pursuant to peer review. 112 | |
146 | - | (3) A health care entity shall not discharge or discipline a health care 113 | |
147 | - | provider for providing any emergency medical services, including, but 114 | |
148 | - | not limited to, reproductive health care services, (A) if the failure to 115 | |
149 | - | provide such services would violate the accepted standard of care, or 116 | |
150 | - | (B) if the patient is suffering from an emergency medical condition. 117 | |
151 | - | (4) A health care entity shall not discharge or discipline a health care 118 | |
152 | - | provider acting within the scope of such provider's practice, education, 119 | |
153 | - | training and experience and within the accepted standard of care who 120 | |
154 | - | refuses to transfer a patient when the health care provider determines, 121 | |
155 | - | within reasonable medical probability, that the transfer or delay caused 122 | |
156 | - | by the transfer will create a medical hazard to the patient. 123 | |
157 | - | Sec. 4. (NEW) (Effective July 1, 2025) As used in this section and 124 | |
158 | - | sections 5 to 12, inclusive, of this act: 125 | |
159 | - | (1) "Emergency medical services" means (A) medical screening, 126 | |
160 | - | examination and evaluation by a physician or any other licensed health 127 | |
161 | - | care provider acting independently or, as required by applicable law, 128 | |
162 | - | under the supervision of a physician, to determine if an emergency 129 | |
163 | - | medical condition or active labor exists and, if so, the care, treatment 130 | |
164 | - | and surgery that is (i) necessary to relieve or eliminate the emergency 131 | |
165 | - | medical condition, and (ii) within the scope of the facility's license where 132 | |
166 | - | the physician or provider is practicing, provided such care, treatment or 133 | |
167 | - | surgery is within the scope of practice of such physician or provider, 134 | |
168 | - | and (B) if it is determined that the emergency medical condition that 135 | |
169 | - | exists is a pregnancy complication, all reproductive health care services 136 | |
170 | - | related to the pregnancy complication, including, but not limited to, 137 | |
171 | - | miscarriage management and the treatment of an ectopic pregnancy, 138 Substitute Bill No. 7 | |
147 | + | (1) That the hospital-based facility is part of a hospital or health 103 | |
148 | + | system and that the hospital or health system charges a facility fee that 104 | |
149 | + | is in addition to and separate from the professional fee charged by the 105 | |
150 | + | provider; 106 | |
151 | + | (2) (A) The amount of the patient's potential financial liability, 107 | |
152 | + | including any facility fee likely to be charged, and, where professional 108 | |
153 | + | medical services are provided by an affiliated provider, any professional 109 | |
154 | + | fee likely to be charged, or, if the exact type and extent of the 110 | |
155 | + | professional medical services needed are not known or the terms of a 111 | |
156 | + | patient's health insurance coverage are not known with reasonable 112 | |
157 | + | certainty, an estimate of the patient's financial liability based on typical 113 | |
158 | + | or average charges for visits to the hospital-based facility, including the 114 | |
159 | + | facility fee, (B) a statement that the patient's actual financial liability will 115 | |
160 | + | depend on the professional medical services actually provided to the 116 | |
161 | + | patient, (C) an explanation that the patient may incur financial liability 117 | |
162 | + | that is greater than the patient would incur if the professional medical 118 | |
163 | + | services were not provided by a hospital-based facility, and (D) a 119 | |
164 | + | telephone number the patient may call for additional information 120 | |
165 | + | regarding such patient's potential financial liability, including an 121 | |
166 | + | estimate of the facility fee likely to be charged based on the scheduled 122 | |
167 | + | professional medical services; and 123 | |
168 | + | (3) That a patient covered by a health insurance policy should contact 124 | |
169 | + | the health insurer for additional information regarding the hospital's or 125 | |
170 | + | health system's charges and fees, including the patient's potential 126 | |
171 | + | financial liability, if any, for such charges and fees. 127 | |
172 | + | (c) If a hospital or health system charges a facility fee without 128 | |
173 | + | utilizing a current procedural terminology evaluation and management 129 | |
174 | + | (CPT E/M) code, assessment and management (CPT A/M) code, 130 | |
175 | + | injection and infusion (CPT) code or drug administration (CPT) code for 131 | |
176 | + | outpatient services provided at a hospital-based facility, located outside 132 | |
177 | + | the hospital campus, the hospital or health system shall provide the 133 | |
178 | + | patient with a written notice that includes the following information: 134 | |
179 | + | Committee Bill No. 7 | |
172 | 180 | ||
173 | 181 | ||
174 | - | LCO | |
182 | + | LCO No. 6182 6 of 46 | |
175 | 183 | ||
176 | - | that are (i) necessary to relieve or eliminate the emergency medical 139 | |
177 | - | condition, and (ii) within the scope of the facility's license where the 140 | |
178 | - | physician or health care provider is providing such services, provided 141 | |
179 | - | such services are within the scope of practice of such physician or 142 | |
180 | - | provider. 143 | |
181 | - | (2) "Emergency medical condition" means a medical condition 144 | |
182 | - | manifesting itself by acute or severe symptoms, including, but not 145 | |
183 | - | limited to, severe pain, where the absence of immediate medical 146 | |
184 | - | attention could reasonably be expected to result in any of the following: 147 | |
185 | - | (A) Placement of the patient's life or health in serious jeopardy; 148 | |
186 | - | (B) Serious impairment to bodily functions; or 149 | |
187 | - | (C) Serious dysfunction of any bodily organ or part. 150 | |
188 | - | (3) "Active labor" means a labor at a time at which either of the 151 | |
189 | - | following is true: 152 | |
190 | - | (A) There is inadequate time to safely transfer the patient to another 153 | |
191 | - | hospital prior to delivery; or 154 | |
192 | - | (B) A transfer may pose a threat to the health and safety of the patient 155 | |
193 | - | or the fetus. 156 | |
194 | - | (4) "Hospital" has the same meaning as provided in section 19a-490 157 | |
195 | - | of the general statutes. 158 | |
196 | - | (5) "Medical hazard" means a material deterioration in, or jeopardy 159 | |
197 | - | to, a patient's medical condition or expected chances for recovery. 160 | |
198 | - | (6) "Qualified personnel" means a physician or other licensed health 161 | |
199 | - | care provider acting within the scope of such person's licensure who has 162 | |
200 | - | the necessary licensure, training, education and experience to provide 163 | |
201 | - | the emergency medical services necessary to stabilize a patient. 164 | |
202 | - | (7) "Consultation" means the rendering of an opinion or advice, 165 | |
203 | - | prescribing treatment or the rendering of a decision regarding 166 Substitute Bill No. 7 | |
184 | + | (1) That the hospital-based facility is part of a hospital or health 135 | |
185 | + | system and that the hospital or health system charges a facility fee that 136 | |
186 | + | may be in addition to and separate from the professional fee charged by 137 | |
187 | + | a provider; 138 | |
188 | + | (2) (A) A statement that the patient's actual financial liability will 139 | |
189 | + | depend on the professional medical services actually provided to the 140 | |
190 | + | patient, (B) an explanation that the patient may incur financial liability 141 | |
191 | + | that is greater than the patient would incur if the hospital-based facility 142 | |
192 | + | was not hospital-based, and (C) a telephone number the patient may call 143 | |
193 | + | for additional information regarding such patient's potential financial 144 | |
194 | + | liability, including an estimate of the facility fee likely to be charged 145 | |
195 | + | based on the scheduled professional medical services; and 146 | |
196 | + | (3) That a patient covered by a health insurance policy should contact 147 | |
197 | + | the health insurer for additional information regarding the hospital's or 148 | |
198 | + | health system's charges and fees, including the patient's potential 149 | |
199 | + | financial liability, if any, for such charges and fees. 150 | |
200 | + | (d) Each initial billing statement that includes a facility fee shall: (1) 151 | |
201 | + | Clearly identify the fee as a facility fee that is billed in addition to, or 152 | |
202 | + | separately from, any professional fee billed by the provider; (2) provide 153 | |
203 | + | the corresponding Medicare facility fee reimbursement rate for the same 154 | |
204 | + | service as a comparison or, if there is no corresponding Medicare facility 155 | |
205 | + | fee for such service, (A) the approximate amount Medicare would have 156 | |
206 | + | paid the hospital for the facility fee on the billing statement, or (B) the 157 | |
207 | + | percentage of the hospital's charges that Medicare would have paid the 158 | |
208 | + | hospital for the facility fee; (3) include a statement that the facility fee is 159 | |
209 | + | intended to cover the hospital's or health system's operational expenses; 160 | |
210 | + | (4) inform the patient that the patient's financial liability may have been 161 | |
211 | + | less if the services had been provided at a facility not owned or operated 162 | |
212 | + | by the hospital or health system; and (5) include written notice of the 163 | |
213 | + | patient's right to request a reduction in the facility fee or any other 164 | |
214 | + | portion of the bill and a telephone number that the patient may use to 165 | |
215 | + | request such a reduction without regard to whether such patient 166 | |
216 | + | Committee Bill No. 7 | |
204 | 217 | ||
205 | 218 | ||
206 | - | LCO | |
219 | + | LCO No. 6182 7 of 46 | |
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221 | + | qualifies for, or is likely to be granted, any reduction. Not later than 167 | |
222 | + | October 15, 2022, and annually thereafter, each hospital, health system 168 | |
223 | + | and hospital-based facility shall submit to the Health Systems Planning 169 | |
224 | + | Unit of the Office of Health Strategy a sample of a billing statement 170 | |
225 | + | issued by such hospital, health system or hospital-based facility that 171 | |
226 | + | complies with the provisions of this subsection and which represents 172 | |
227 | + | the format of billing statements received by patients. Such billing 173 | |
228 | + | statement shall not contain patient identifying information. 174 | |
229 | + | (e) The written notice described in subsections (b) to (d), inclusive, 175 | |
230 | + | and (h) to (j), inclusive, of this section shall be in plain language and in 176 | |
231 | + | a form that may be reasonably understood by a patient who does not 177 | |
232 | + | possess special knowledge regarding hospital or health system facility 178 | |
233 | + | fee charges. On and after October 1, 2022, such notices shall include tag 179 | |
234 | + | lines in at least the top fifteen languages spoken in the state indicating 180 | |
235 | + | that the notice is available in each of those top fifteen languages. The 181 | |
236 | + | fifteen languages shall be either the languages in the list published by 182 | |
237 | + | the Department of Health and Human Services in connection with 183 | |
238 | + | section 1557 of the Patient Protection and Affordable Care Act, P.L. 111-184 | |
239 | + | 148, or, as determined by the hospital or health system, the top fifteen 185 | |
240 | + | languages in the geographic area of the hospital-based facility. 186 | |
241 | + | (f) (1) For nonemergency care, if a patient's appointment is scheduled 187 | |
242 | + | to occur ten or more days after the appointment is made, such written 188 | |
243 | + | notice shall be sent to the patient by first class mail, encrypted electronic 189 | |
244 | + | mail or a secure patient Internet portal not less than three days after the 190 | |
245 | + | appointment is made. If an appointment is scheduled to occur less than 191 | |
246 | + | ten days after the appointment is made or if the patient arrives without 192 | |
247 | + | an appointment, such notice shall be hand-delivered to the patient when 193 | |
248 | + | the patient arrives at the hospital-based facility. 194 | |
249 | + | (2) For emergency care, such written notice shall be provided to the 195 | |
250 | + | patient as soon as practicable after the patient is stabilized in accordance 196 | |
251 | + | with the federal Emergency Medical Treatment and Active Labor Act, 197 | |
252 | + | 42 USC 1395dd, as amended from time to time, or is determined not to 198 | |
253 | + | Committee Bill No. 7 | |
241 | 254 | ||
242 | 255 | ||
243 | - | LCO | |
256 | + | LCO No. 6182 8 of 46 | |
244 | 257 | ||
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258 | + | have an emergency medical condition and before the patient leaves the 199 | |
259 | + | hospital-based facility. If the patient is unconscious, under great duress 200 | |
260 | + | or for any other reason unable to read the notice and understand and 201 | |
261 | + | act on his or her rights, the notice shall be provided to the patient's 202 | |
262 | + | representative as soon as practicable. 203 | |
263 | + | (g) Subsections (b) to (f), inclusive, and (l) of this section shall not 204 | |
264 | + | apply if a patient is insured by Medicare or Medicaid or is receiving 205 | |
265 | + | services under a workers' compensation plan established to provide 206 | |
266 | + | medical services pursuant to chapter 568. 207 | |
267 | + | (h) A hospital-based facility shall prominently display written notice 208 | |
268 | + | in locations that are readily accessible to and visible by patients, 209 | |
269 | + | including patient waiting or appointment check-in areas, stating: (1) 210 | |
270 | + | That the hospital-based facility is part of a hospital or health system, (2) 211 | |
271 | + | the name of the hospital or health system, and (3) that if the hospital-212 | |
272 | + | based facility charges a facility fee, the patient may incur a financial 213 | |
273 | + | liability greater than the patient would incur if the hospital-based 214 | |
274 | + | facility was not hospital-based. On and after October 1, 2022, such 215 | |
275 | + | notices shall include tag lines in at least the top fifteen languages spoken 216 | |
276 | + | in the state indicating that the notice is available in each of those top 217 | |
277 | + | fifteen languages. The fifteen languages shall be either the languages in 218 | |
278 | + | the list published by the Department of Health and Human Services in 219 | |
279 | + | connection with section 1557 of the Patient Protection and Affordable 220 | |
280 | + | Care Act, P.L. 111-148, or, as determined by the hospital or health 221 | |
281 | + | system, the top fifteen languages in the geographic area of the hospital-222 | |
282 | + | based facility. Not later than October 1, 2022, and annually thereafter, 223 | |
283 | + | each hospital-based facility shall submit a copy of the written notice 224 | |
284 | + | required by this subsection to the Health Systems Planning Unit of the 225 | |
285 | + | Office of Health Strategy. 226 | |
286 | + | (i) A hospital-based facility shall clearly hold itself out to the public 227 | |
287 | + | and payers as being hospital-based, including, at a minimum, by stating 228 | |
288 | + | the name of the hospital or health system in its signage, marketing 229 | |
289 | + | materials, Internet web sites and stationery. 230 | |
290 | + | Committee Bill No. 7 | |
278 | 291 | ||
279 | 292 | ||
280 | - | LCO | |
293 | + | LCO No. 6182 9 of 46 | |
281 | 294 | ||
282 | - | (2) The person has been provided with emergency medical services, 233 | |
283 | - | including, but not limited to, an abortion, if an abortion was medically 234 | |
284 | - | necessary to stabilize the patient, and it can be determined by the 235 | |
285 | - | hospital, within reasonable medical probability, that such person's 236 | |
286 | - | emergency medical condition has been stabilized and the transfer or 237 | |
287 | - | delay caused by the transfer will not create a medical hazard to such 238 | |
288 | - | person. 239 | |
289 | - | (3) A physician at the transferring hospital has notified the receiving 240 | |
290 | - | hospital and obtained consent to the transfer of the person from a 241 | |
291 | - | physician at the receiving hospital and confirmation by the receiving 242 | |
292 | - | hospital that the person meets the receiving hospital's admissions 243 | |
293 | - | criteria relating to appropriate bed, personnel and equipment necessary 244 | |
294 | - | to treat the person. 245 | |
295 | - | (4) The transferring hospital has provided for appropriate personnel 246 | |
296 | - | and equipment that a reasonable and prudent physician in the same or 247 | |
297 | - | similar locality exercising ordinary care would use to affect the transfer. 248 | |
298 | - | (5) All of the person's pertinent medical records and copies of all of 249 | |
299 | - | the appropriate diagnostic test results that are reasonably available have 250 | |
300 | - | been compiled for transfer with the person. Transfer of medical records 251 | |
301 | - | may be accomplished by a transfer of physical records or by confirming 252 | |
302 | - | that the receiving hospital has access to the patient's electronic medical 253 | |
303 | - | records from the transferring hospital. 254 | |
304 | - | (6) The records transferred with the person shall include a transfer 255 | |
305 | - | summary signed by the transferring physician that contains relevant 256 | |
306 | - | transfer information available to the transferring hospital at the time of 257 | |
307 | - | transfer. The form of the transfer summary shall, at a minimum, contain 258 | |
308 | - | (A) the person's name, address, sex, race, age, insurance status, 259 | |
309 | - | presenting symptoms and medical condition, (B) the name and business 260 | |
310 | - | address of the transferring physician or emergency department 261 | |
311 | - | personnel authorizing the transfer, (C) the declaration of the signor that 262 | |
312 | - | the signor is assured, within reasonable medical probability, that the 263 | |
313 | - | transfer creates no medical hazard to the patient, (D) the time and date 264 Substitute Bill No. 7 | |
295 | + | (j) A hospital-based facility shall, when scheduling services for which 231 | |
296 | + | a facility fee may be charged, inform the patient (1) that the hospital-232 | |
297 | + | based facility is part of a hospital or health system, (2) of the name of the 233 | |
298 | + | hospital or health system, (3) that the hospital or health system may 234 | |
299 | + | charge a facility fee in addition to and separate from the professional fee 235 | |
300 | + | charged by the provider, and (4) of the telephone number the patient 236 | |
301 | + | may call for additional information regarding such patient's potential 237 | |
302 | + | financial liability. 238 | |
303 | + | (k) (1) If any transaction described in subsection (c) of section 19a-239 | |
304 | + | 486i results in the establishment of a hospital-based facility at which 240 | |
305 | + | facility fees may be billed, the hospital or health system, that is the 241 | |
306 | + | purchaser in such transaction shall, not later than thirty days after such 242 | |
307 | + | transaction, provide written notice, by first class mail, of the transaction 243 | |
308 | + | to each patient served within the three years preceding the date of the 244 | |
309 | + | transaction by the health care facility that has been purchased as part of 245 | |
310 | + | such transaction. 246 | |
311 | + | (2) Such notice shall include the following information: 247 | |
312 | + | (A) A statement that the health care facility is now a hospital-based 248 | |
313 | + | facility and is part of a hospital or health system, the health care facility's 249 | |
314 | + | full legal and business name and the date of such facility's acquisition 250 | |
315 | + | by a hospital or health system; 251 | |
316 | + | (B) The name, business address and phone number of the hospital or 252 | |
317 | + | health system that is the purchaser of the health care facility; 253 | |
318 | + | (C) A statement that the hospital-based facility bills, or is likely to bill, 254 | |
319 | + | patients a facility fee that may be in addition to, and separate from, any 255 | |
320 | + | professional fee billed by a health care provider at the hospital-based 256 | |
321 | + | facility; 257 | |
322 | + | (D) (i) A statement that the patient's actual financial liability will 258 | |
323 | + | depend on the professional medical services actually provided to the 259 | |
324 | + | patient, and (ii) an explanation that the patient may incur financial 260 | |
325 | + | Committee Bill No. 7 | |
314 | 326 | ||
315 | 327 | ||
316 | - | LCO | |
328 | + | LCO No. 6182 10 of 46 | |
317 | 329 | ||
318 | - | of the transfer, (E) the reason for the transfer, (F) the time and date the 265 | |
319 | - | person was first presented at the transferring hospital, and (G) the name 266 | |
320 | - | of the physician at the receiving hospital consenting to the transfer and 267 | |
321 | - | the time and date of the consent. Neither the transferring physician nor 268 | |
322 | - | the transferring hospital shall be required to duplicate, in the transfer 269 | |
323 | - | summary, information contained in medical records transferred with 270 | |
324 | - | the person. 271 | |
325 | - | (7) The hospital shall ask the patient if the patient has a preferred 272 | |
326 | - | contact person to be notified about the transfer and, prior to the transfer, 273 | |
327 | - | the hospital shall make a reasonable attempt to contact such person and 274 | |
328 | - | alert them about the proposed transfer. If the patient is not able to 275 | |
329 | - | respond, the hospital shall make a reasonable effort to ascertain the 276 | |
330 | - | identity of the preferred contact person or the next of kin and alert such 277 | |
331 | - | person about the transfer. The hospital shall document in the patient's 278 | |
332 | - | medical record any attempt to contact a preferred contact person or next 279 | |
333 | - | of kin. 280 | |
334 | - | (b) Nothing in this section shall be construed to prohibit the transfer 281 | |
335 | - | or discharge of a patient when the patient or the patient's authorized 282 | |
336 | - | representative, including a parent or guardian of the patient, requests a 283 | |
337 | - | transfer or discharge and gives informed consent to the transfer or 284 | |
338 | - | discharge against medical advice. 285 | |
339 | - | (c) The Department of Public Health shall adopt regulations, in 286 | |
340 | - | accordance with the provisions of chapter 54 of the general statutes, to 287 | |
341 | - | implement the provisions of this section. 288 | |
342 | - | Sec. 7. (NEW) (Effective July 1, 2025) (a) A receiving hospital shall 289 | |
343 | - | accept the transfer of a person from a transferring hospital to the extent 290 | |
344 | - | required pursuant to section 6 of this act or any contract obligation the 291 | |
345 | - | receiving hospital has to care for the person. 292 | |
346 | - | (b) The receiving hospital shall provide personnel and equipment 293 | |
347 | - | reasonably required by the applicable standard of practice and the 294 | |
348 | - | regulations adopted pursuant to section 6 of this act to care for the 295 | |
349 | - | transferred patient. 296 Substitute Bill No. 7 | |
330 | + | liability that is greater than the patient would incur if the hospital-based 261 | |
331 | + | facility were not a hospital-based facility; 262 | |
332 | + | (E) The estimated amount or range of amounts the hospital-based 263 | |
333 | + | facility may bill for a facility fee or an example of the average facility fee 264 | |
334 | + | billed at such hospital-based facility for the most common services 265 | |
335 | + | provided at such hospital-based facility; and 266 | |
336 | + | (F) A statement that, prior to seeking services at such hospital-based 267 | |
337 | + | facility, a patient covered by a health insurance policy should contact 268 | |
338 | + | the patient's health insurer for additional information regarding the 269 | |
339 | + | hospital-based facility fees, including the patient's potential financial 270 | |
340 | + | liability, if any, for such fees. 271 | |
341 | + | (3) A copy of the written notice provided to patients in accordance 272 | |
342 | + | with this subsection shall be filed with the Health Systems Planning 273 | |
343 | + | Unit of the Office of Health Strategy, established under section 19a-612. 274 | |
344 | + | Said unit shall post a link to such notice on its Internet web site. 275 | |
345 | + | (4) A hospital, health system or hospital-based facility shall not collect 276 | |
346 | + | a facility fee for services provided at a hospital-based facility that is 277 | |
347 | + | subject to the provisions of this subsection from the date of the 278 | |
348 | + | transaction until at least thirty days after the written notice required 279 | |
349 | + | pursuant to this subsection is mailed to the patient or a copy of such 280 | |
350 | + | notice is filed with the Health Systems Planning Unit of the Office of 281 | |
351 | + | Health Strategy, whichever is later. A violation of this subsection shall 282 | |
352 | + | be considered an unfair trade practice pursuant to section 42-110b. 283 | |
353 | + | (5) Not later than July 1, 2023, and annually thereafter, each hospital-284 | |
354 | + | based facility that was the subject of a transaction, as described in 285 | |
355 | + | subsection (c) of section 19a-486i, during the preceding calendar year 286 | |
356 | + | shall report to the Health Systems Planning Unit of the Office of Health 287 | |
357 | + | Strategy the number of patients served by such hospital-based facility 288 | |
358 | + | in the preceding three years. 289 | |
359 | + | (l) (1) Notwithstanding the provisions of this section, no hospital, 290 | |
360 | + | Committee Bill No. 7 | |
350 | 361 | ||
351 | 362 | ||
352 | - | LCO | |
363 | + | LCO No. 6182 11 of 46 | |
353 | 364 | ||
354 | - | ||
355 | - | ||
356 | - | ||
357 | - | ||
358 | - | ||
359 | - | ||
360 | - | ||
361 | - | ||
362 | - | ||
363 | - | ||
364 | - | Health shall | |
365 | - | ||
366 | - | ||
367 | - | ||
368 | - | ||
369 | - | (b) | |
370 | - | hospital | |
371 | - | ||
372 | - | ||
373 | - | ||
374 | - | ||
375 | - | ||
376 | - | ||
377 | - | ||
378 | - | ||
379 | - | ||
380 | - | ||
381 | - | ||
382 | - | ||
383 | - | ||
384 | - | shall | |
385 | - | ||
386 | - | ||
365 | + | health system or hospital-based facility shall collect a facility fee for (A) 291 | |
366 | + | outpatient health care services that use a current procedural 292 | |
367 | + | terminology evaluation and management (CPT E/M) code , [or] 293 | |
368 | + | assessment and management (CPT A/M) code, injection and infusion 294 | |
369 | + | (CPT) code or drug administration (CPT) code and are provided at a 295 | |
370 | + | hospital-based facility located off-site from a hospital campus, or (B) 296 | |
371 | + | outpatient health care services provided at a hospital-based facility 297 | |
372 | + | located off-site from a hospital campus received by a patient who is 298 | |
373 | + | uninsured of more than the Medicare rate. 299 | |
374 | + | (2) Notwithstanding the provisions of this section, on and after July 300 | |
375 | + | 1, 2024, no hospital or health system shall collect a facility fee for 301 | |
376 | + | outpatient health care services that use a current procedural 302 | |
377 | + | terminology evaluation and management (CPT E/M) code or 303 | |
378 | + | assessment and management (CPT A/M) code and are provided on the 304 | |
379 | + | hospital campus. The provisions of this subdivision shall not apply to 305 | |
380 | + | (A) an emergency department located on a hospital campus, or (B) 306 | |
381 | + | observation stays on a hospital campus and (CPT E/M) and (CPT A/M) 307 | |
382 | + | codes when billed for the following services: (i) Wound care, (ii) 308 | |
383 | + | orthopedics, (iii) anticoagulation, (iv) oncology, (v) obstetrics, and (vi) 309 | |
384 | + | solid organ transplant. 310 | |
385 | + | (3) Notwithstanding the provisions of subdivisions (1) and (2) of this 311 | |
386 | + | subsection, in circumstances when an insurance contract that is in effect 312 | |
387 | + | on July 1, 2016, provides reimbursement for facility fees prohibited 313 | |
388 | + | under the provisions of subdivision (1) of this subsection, and in 314 | |
389 | + | circumstances when an insurance contract that is in effect on July 1, 315 | |
390 | + | 2024, provides reimbursement for facility fees prohibited under the 316 | |
391 | + | provisions of subdivision (2) of this subsection, a hospital or health 317 | |
392 | + | system may continue to collect reimbursement from the health insurer 318 | |
393 | + | for such facility fees until the applicable date of expiration, renewal or 319 | |
394 | + | amendment of such contract, whichever such date is the earliest. 320 | |
395 | + | (4) The provisions of this subsection shall not apply to a freestanding 321 | |
396 | + | emergency department. As used in this subdivision, "freestanding 322 | |
397 | + | Committee Bill No. 7 | |
387 | 398 | ||
388 | 399 | ||
389 | - | LCO | |
400 | + | LCO No. 6182 12 of 46 | |
390 | 401 | ||
391 | - | subsection shall include the contact information for the Department of 330 | |
392 | - | Public Health and identify the department as the state agency to contact 331 | |
393 | - | if a person wishes to complain about the hospital's conduct. 332 | |
394 | - | (c) Not later than thirty days after the adoption of regulations 333 | |
395 | - | pursuant to section 6 of this act, each hospital shall submit its policies 334 | |
396 | - | and protocols adopted pursuant to subsection (a) of this section to the 335 | |
397 | - | Department of Public Health. Each hospital shall submit any revisions 336 | |
398 | - | to such policies or protocols to the department not later than thirty days 337 | |
399 | - | prior to the effective date of such revisions. 338 | |
400 | - | Sec. 9. (NEW) (Effective July 1, 2025) (a) Each hospital shall maintain 339 | |
401 | - | records of each transfer of a person made or received, including the 340 | |
402 | - | transfer summary described in subdivision (6) of subsection (a) of 341 | |
403 | - | section 6 of this act, for a period of not less than three years following 342 | |
404 | - | the date of the transfer. 343 | |
405 | - | (b) Each hospital making or receiving transfers of persons shall file 344 | |
406 | - | with the Department of Public Health annual reports, in a form and 345 | |
407 | - | manner prescribed by the Commissioner of Public Health, that shall 346 | |
408 | - | describe the aggregate number of transfers made and received, the 347 | |
409 | - | insurance status of each person transferred and the reasons for such 348 | |
410 | - | transfers. 349 | |
411 | - | (c) Each receiving hospital, physician and licensed emergency room 350 | |
412 | - | health care personnel at the receiving hospital, and each licensed 351 | |
413 | - | emergency medical services personnel, as defined in section 19a-175 of 352 | |
414 | - | the general statutes, effectuating the transfer of a person who knows of 353 | |
415 | - | an apparent violation of any provision of sections 4 to 11, inclusive, of 354 | |
416 | - | this act or the regulations adopted pursuant to section 6 of this act, shall, 355 | |
417 | - | and each transferring hospital and each physician and other provider 356 | |
418 | - | involved in the transfer at such hospital may, report such violation to 357 | |
419 | - | the Department of Public Health, in a form and manner prescribed by 358 | |
420 | - | the Commissioner of Public Health, not later than fourteen days after 359 | |
421 | - | the occurrence of such violation. When two or more persons required to 360 | |
422 | - | report a violation have joint knowledge of an apparent violation, a 361 Substitute Bill No. 7 | |
402 | + | emergency department" means a freestanding facility that (A) is 323 | |
403 | + | structurally separate and distinct from a hospital, (B) provides 324 | |
404 | + | emergency care, (C) is a department of a hospital licensed under chapter 325 | |
405 | + | 368v, and (D) has been issued a certificate of need to operate as a 326 | |
406 | + | freestanding emergency department pursuant to chapter 368z. 327 | |
407 | + | (5) (A) On and after July 1, 2024, if the Commissioner of Health 328 | |
408 | + | Strategy receives information and has a reasonable belief, after 329 | |
409 | + | evaluating such information, that any hospital, health system or 330 | |
410 | + | hospital-based facility charged facility fees, other than through isolated 331 | |
411 | + | clerical or electronic billing errors, in violation of any provision of this 332 | |
412 | + | section, or rule or regulation adopted thereunder, such hospital, health 333 | |
413 | + | system or hospital-based facility shall be subject to a civil penalty of up 334 | |
414 | + | to one thousand dollars. The commissioner may issue a notice of 335 | |
415 | + | violation and civil penalty by first class mail or personal service. Such 336 | |
416 | + | notice shall include: (i) A reference to the section of the general statutes, 337 | |
417 | + | rule or section of the regulations of Connecticut state agencies believed 338 | |
418 | + | or alleged to have been violated; (ii) a short and plain language 339 | |
419 | + | statement of the matters asserted or charged; (iii) a description of the 340 | |
420 | + | activity to cease; (iv) a statement of the amount of the civil penalty or 341 | |
421 | + | penalties that may be imposed; (v) a statement concerning the right to a 342 | |
422 | + | hearing; and (vi) a statement that such hospital, health system or 343 | |
423 | + | hospital-based facility may, not later than ten business days after receipt 344 | |
424 | + | of such notice, make a request for a hearing on the matters asserted. 345 | |
425 | + | (B) The hospital, health system or hospital-based facility to whom 346 | |
426 | + | such notice is provided pursuant to subparagraph (A) of this 347 | |
427 | + | subdivision may, not later than ten business days after receipt of such 348 | |
428 | + | notice, make written application to the Office of Health Strategy to 349 | |
429 | + | request a hearing to demonstrate that such violation did not occur. The 350 | |
430 | + | failure to make a timely request for a hearing shall result in the issuance 351 | |
431 | + | of a cease and desist order or civil penalty. All hearings held under this 352 | |
432 | + | subsection shall be conducted in accordance with the provisions of 353 | |
433 | + | chapter 54. 354 | |
434 | + | Committee Bill No. 7 | |
423 | 435 | ||
424 | 436 | ||
425 | - | LCO | |
437 | + | LCO No. 6182 13 of 46 | |
426 | 438 | ||
427 | - | single report may be made by a member of the hospital personnel 362 | |
428 | - | selected by mutual agreement in accordance with hospital protocols. 363 | |
429 | - | Any person required to report a violation who disagrees with a 364 | |
430 | - | proposed joint report shall report individually. 365 | |
431 | - | (d) No hospital, state agency or person shall retaliate against, 366 | |
432 | - | penalize, institute a civil action against or recover monetary relief from, 367 | |
433 | - | or otherwise cause any injury to, any physician, other hospital personnel 368 | |
434 | - | or emergency medical services personnel for reporting in good faith an 369 | |
435 | - | apparent violation of any provision of sections 4 to 11, inclusive, of this 370 | |
436 | - | act or the regulations adopted pursuant to section 6 of this act to the 371 | |
437 | - | Department of Public Health, the hospital, a member of the hospital's 372 | |
438 | - | medical staff or any other interested party or government agency. 373 | |
439 | - | Sec. 10. (NEW) (Effective July 1, 2025) (a) Except as otherwise provided 374 | |
440 | - | in sections 4 to 11, inclusive, of this act, the Commissioner of Public 375 | |
441 | - | Health shall investigate each alleged violation of said sections and the 376 | |
442 | - | regulations adopted pursuant to section 6 of this act unless the 377 | |
443 | - | commissioner concludes that the allegation does not include facts 378 | |
444 | - | requiring further investigation or is otherwise unmeritorious. 379 | |
445 | - | (b) The Commissioner of Public Health may take any action 380 | |
446 | - | authorized by sections 19a-494 and 19a-494a of the general statutes 381 | |
447 | - | against a hospital or authorized by section 19a-17 of the general statutes 382 | |
448 | - | against a licensed health care provider for a violation of any provision 383 | |
449 | - | of sections 4 to 11, inclusive, of this act. 384 | |
450 | - | Sec. 11. (NEW) (Effective July 1, 2025) (a) A hospital shall not base the 385 | |
451 | - | provision of emergency medical services to a person, in whole or in part, 386 | |
452 | - | upon, or discriminate against a person based upon, the person's 387 | |
453 | - | ethnicity, citizenship, age, preexisting medical condition, insurance 388 | |
454 | - | status, economic status, ability to pay for medical services, sex, race, 389 | |
455 | - | color, religion, disability, genetic information, marital status, sexual 390 | |
456 | - | orientation, gender identity or expression, primary language or 391 | |
457 | - | immigration status, except to the extent that a circumstance such as age, 392 | |
458 | - | sex, pregnancy, medical condition related to childbirth, preexisting 393 Substitute Bill No. 7 | |
439 | + | (C) Following any hearing before the Office of Health Strategy 355 | |
440 | + | pursuant to this subdivision, if said office finds, by a preponderance of 356 | |
441 | + | the evidence, that such hospital, health system or hospital-based facility 357 | |
442 | + | violated or is violating any provision of this subsection, any rule or 358 | |
443 | + | regulation adopted thereunder or any order issued by said office, said 359 | |
444 | + | office shall issue a final cease and desist order in addition to any civil 360 | |
445 | + | penalty said office imposes. 361 | |
446 | + | (6) A violation of this subsection shall be considered an unfair trade 362 | |
447 | + | practice pursuant to section 42-110b. 363 | |
448 | + | (m) (1) Each hospital and health system shall report not later than 364 | |
449 | + | October 1, 2023, and thereafter not later than July 1, 2024, and annually 365 | |
450 | + | thereafter, to the Commissioner of Health Strategy, on a form prescribed 366 | |
451 | + | by the commissioner, concerning facility fees charged or billed during 367 | |
452 | + | the preceding calendar year. Such report shall include, but need not be 368 | |
453 | + | limited to, (A) the name and address of each facility owned or operated 369 | |
454 | + | by the hospital or health system that provides services for which a 370 | |
455 | + | facility fee is charged or billed, and an indication as to whether each 371 | |
456 | + | facility is located on or outside of the hospital or health system campus, 372 | |
457 | + | (B) the number of patient visits at each such facility for which a facility 373 | |
458 | + | fee was charged or billed, (C) the number, total amount and range of 374 | |
459 | + | allowable facility fees paid at each such facility disaggregated by payer 375 | |
460 | + | mix, (D) for each facility, the total amount of facility fees charged and 376 | |
461 | + | the total amount of revenue received by the hospital or health system 377 | |
462 | + | derived from facility fees, (E) the total amount of facility fees charged 378 | |
463 | + | and the total amount of revenue received by the hospital or health 379 | |
464 | + | system from all facilities derived from facility fees, (F) a description of 380 | |
465 | + | the ten procedures or services that generated the greatest amount of 381 | |
466 | + | facility fee gross revenue, disaggregated by current procedural 382 | |
467 | + | terminology (CPT) category [(CPT)] code for each such procedure or 383 | |
468 | + | service and, for each such procedure or service, patient volume and the 384 | |
469 | + | total amount of gross and net revenue received by the hospital or health 385 | |
470 | + | system derived from facility fees, disaggregated by on-campus and off-386 | |
471 | + | campus, and (G) the top ten procedures or services for which facility 387 | |
472 | + | Committee Bill No. 7 | |
459 | 473 | ||
460 | 474 | ||
461 | - | LCO | |
475 | + | LCO No. 6182 14 of 46 | |
462 | 476 | ||
463 | - | medical condition or physical or mental disability is medically 394 | |
464 | - | significant to the provision of appropriate medical care to the patient. 395 | |
465 | - | Each hospital shall adopt a policy to implement the provisions of this 396 | |
466 | - | section. 397 | |
467 | - | (b) Unless otherwise permitted by contract, each hospital shall 398 | |
468 | - | prohibit each physician who serves on an on-call basis in the hospital's 399 | |
469 | - | emergency department from refusing to respond to a call on the basis of 400 | |
470 | - | the person's ethnicity, citizenship, age, preexisting medical condition, 401 | |
471 | - | insurance status, economic status, ability to pay for medical services, 402 | |
472 | - | sex, race, color, religion, disability, current medical condition, genetic 403 | |
473 | - | information, marital status, sexual orientation, primary language or 404 | |
474 | - | immigration status, except to the extent that a circumstance such as age, 405 | |
475 | - | sex, preexisting medical condition or physical or mental disability is 406 | |
476 | - | medically significant to the provision of appropriate medical care to the 407 | |
477 | - | patient. If a contract that was in existence on or before July 1, 2025, 408 | |
478 | - | between a physician and hospital for the provision of emergency 409 | |
479 | - | department coverage prevents a hospital from imposing the prohibition 410 | |
480 | - | required under this subsection, the contract shall be revised to include 411 | |
481 | - | such prohibition as soon as it is legally permissible to make such a 412 | |
482 | - | revision. Nothing in this section shall be construed to require any 413 | |
483 | - | physician to serve on an on-call basis for a hospital. 414 | |
484 | - | Sec. 12. (NEW) (Effective July 1, 2025) (a) Any individual harmed by a 415 | |
485 | - | violation of any provision of sections 3 to 11, inclusive, of this act may 416 | |
486 | - | bring, not later than one hundred eighty days after the occurrence of 417 | |
487 | - | such violation, a civil action against a hospital or other health care entity 418 | |
488 | - | for such violation. 419 | |
489 | - | (b) Any hospital or other health care entity found to have violated 420 | |
490 | - | any provision of sections 3 to 11, inclusive, of this act shall be liable for 421 | |
491 | - | compensatory damages, with costs and such reasonable attorney's fees 422 | |
492 | - | as may be allowed by the court. In the case of a health care provider who 423 | |
493 | - | has been subjected to retaliation or other disciplinary action in violation 424 | |
494 | - | of any provision of sections 3 to 11, inclusive, of this act, the hospital or 425 | |
495 | - | other health care entity shall also be liable for the full amount of gross 426 Substitute Bill No. 7 | |
477 | + | fees are charged based on patient volume and the gross and net revenue 388 | |
478 | + | received by the hospital or health system for each such procedure or 389 | |
479 | + | service, disaggregated by on-campus and off-campus. For purposes of 390 | |
480 | + | this subsection, "facility" means a hospital-based facility that is located 391 | |
481 | + | on a hospital campus or outside a hospital campus. 392 | |
482 | + | (2) The commissioner shall publish the information reported 393 | |
483 | + | pursuant to subdivision (1) of this subsection, or post a link to such 394 | |
484 | + | information, on the Internet web site of the Office of Health Strategy. 395 | |
485 | + | Sec. 4. (NEW) (Effective July 1, 2025) (a) As used in this section: 396 | |
486 | + | (1) "Emergency medical condition" has the same meaning as 397 | |
487 | + | provided in section 5 of this act; 398 | |
488 | + | (2) "Emergency medical services" has the same meaning as provided 399 | |
489 | + | in section 5 of this act; 400 | |
490 | + | (3) "Gender-affirming health care services" has the same meaning as 401 | |
491 | + | provided in section 52-571n of the general statutes; 402 | |
492 | + | (4) "Health care entity" means an entity that supervises, controls, 403 | |
493 | + | grants privileges to, directs the practice of or, directly or indirectly, 404 | |
494 | + | restricts the practice of a health care provider; 405 | |
495 | + | (5) "Health care provider" means a person who (A) provides health 406 | |
496 | + | care services, (B) is licensed, certified or registered pursuant to title 20 407 | |
497 | + | of the general statutes, and (C) is employed or acting on behalf of a 408 | |
498 | + | health care entity; 409 | |
499 | + | (6) "Medically accurate and appropriate information and counseling" 410 | |
500 | + | means information and counseling that is (A) supported by the weight 411 | |
501 | + | of current scientific evidence, (B) derived from research using accepted 412 | |
502 | + | scientific methods, (C) consistent with generally recognized scientific 413 | |
503 | + | theory, (D) published in peer-reviewed journals, as appropriate, and (E) 414 | |
504 | + | recognized as accurate, complete, objective and in accordance with the 415 | |
505 | + | accepted standard of care by professional organizations and agencies 416 | |
506 | + | Committee Bill No. 7 | |
496 | 507 | ||
497 | 508 | ||
498 | - | LCO | |
509 | + | LCO No. 6182 15 of 46 | |
499 | 510 | ||
500 | - | loss of wages in addition to any compensatory damages for which the 427 | |
501 | - | hospital or health care entity is liable under this subsection. 428 | |
502 | - | (c) The court may also provide injunctive relief to prevent further 429 | |
503 | - | violations of any provision of sections 3 to 11, inclusive, of this act. 430 | |
504 | - | (d) If the court determines that an action for damages was brought 431 | |
505 | - | under this section without substantial justification, the court may award 432 | |
506 | - | costs and reasonable attorney's fees to the hospital or other health care 433 | |
507 | - | entity. 434 | |
508 | - | (e) Nothing in this section shall preclude any other causes of action 435 | |
509 | - | authorized by law or prevent the state or any professional licensing 436 | |
510 | - | board from taking any action authorized by the general statutes against 437 | |
511 | - | the hospital, health care entity or an individual health care provider. 438 | |
512 | - | Sec. 13. (NEW) (Effective July 1, 2025) (a) As used in this section: 439 | |
513 | - | (1) "Collateral costs" means any out-of-pocket costs, other than the 440 | |
514 | - | cost of the procedure itself, necessary to receive reproductive health care 441 | |
515 | - | services or gender-affirming health care services in the state, including, 442 | |
516 | - | but not limited to, costs for travel, lodging and meals; 443 | |
517 | - | (2) "Gender-affirming health care services" has the same meaning as 444 | |
518 | - | provided in section 52-571n of the general statutes; 445 | |
519 | - | (3) "Health care provider" means any person licensed under the 446 | |
520 | - | provisions of federal or state law to provide health care services; 447 | |
521 | - | (4) "Nonprofit organization" means an organization that is exempt 448 | |
522 | - | from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code 449 | |
523 | - | of 1986, or any subsequent corresponding internal revenue code of the 450 | |
524 | - | United States, as amended from time to time; 451 | |
525 | - | (5) "Patient-identifiable data" means any information that identifies, 452 | |
526 | - | or may reasonably be used as a basis to identify, an individual patient; 453 | |
527 | - | (6) "Qualified person" means a person who is a resident of a state that 454 Substitute Bill No. 7 | |
511 | + | with expertise in the relevant field; 417 | |
512 | + | (7) "Medical hazard" has the same meaning as provided in section 5 418 | |
513 | + | of this act; and 419 | |
514 | + | (8) "Reproductive health care services" has the same meaning as 420 | |
515 | + | provided in section 52-571n of the general statutes. 421 | |
516 | + | (b) (1) No health care entity shall limit the ability of a health care 422 | |
517 | + | provider who is acting in good faith, within the health care provider's 423 | |
518 | + | scope of practice, education, training and experience, including the 424 | |
519 | + | health care provider's specialty area of practice and board certification, 425 | |
520 | + | and within the accepted standard of care, from providing the following 426 | |
521 | + | with regard to reproductive health care services and gender-affirming 427 | |
522 | + | health care services: 428 | |
523 | + | (A) Comprehensive, medically accurate and appropriate information 429 | |
524 | + | and counseling that (i) conforms to the accepted standard of care 430 | |
525 | + | provided to an individual patient, and (ii) concerns such patient's health 431 | |
526 | + | status, including, but not limited to, diagnosis, prognosis, 432 | |
527 | + | recommended treatment, treatment alternatives and potential risks to 433 | |
528 | + | the patient's health or life; or 434 | |
529 | + | (B) Comprehensive, medically accurate and appropriate information 435 | |
530 | + | and counseling about available and relevant services and resources in 436 | |
531 | + | the community and methods to access such services and resources to 437 | |
532 | + | obtain health care of the patient's choosing. 438 | |
533 | + | (2) Nothing in subdivision (1) of this subsection shall be construed to 439 | |
534 | + | prohibit a health care entity that employs a health care provider from 440 | |
535 | + | performing relevant peer review of the health care provider or requiring 441 | |
536 | + | such health care provider to: 442 | |
537 | + | (A) Comply with preferred provider network or utilization review 443 | |
538 | + | requirements of any program or entity authorized by state or federal 444 | |
539 | + | law to provide insurance coverage for health care services to an enrollee; 445 | |
540 | + | and 446 | |
541 | + | Committee Bill No. 7 | |
528 | 542 | ||
529 | 543 | ||
530 | - | LCO | |
544 | + | LCO No. 6182 16 of 46 | |
531 | 545 | ||
532 | - | has enacted laws that limit such person's access to reproductive health 455 | |
533 | - | care services or gender-affirming health care services; and 456 | |
534 | - | (7) "Reproductive health care services" means all medical, surgical, 457 | |
535 | - | counseling or referral services relating to the human reproductive 458 | |
536 | - | system, including, but not limited to, services relating to fertility, 459 | |
537 | - | pregnancy, contraception and abortion. 460 | |
538 | - | (b) There is established an account to be known as the "safe harbor 461 | |
539 | - | account", which shall be a separate, nonlapsing account of the State 462 | |
540 | - | Treasurer. The account shall contain any funds received from any 463 | |
541 | - | private contributions, gifts, grants, donations, bequests or devises to the 464 | |
542 | - | account. Moneys in the account shall be expended by the board of 465 | |
543 | - | trustees, established pursuant to subsection (c) of this section, for the 466 | |
544 | - | purposes of providing grants to (1) health care providers who provide 467 | |
545 | - | reproductive health care services or gender-affirming health care 468 | |
546 | - | services, (2) nonprofit organizations whose mission includes providing 469 | |
547 | - | funding for reproductive health care services or the collateral costs 470 | |
548 | - | incurred by qualified persons to receive such services in the state, or (3) 471 | |
549 | - | nonprofit organizations that serve LGBTQ+ youth or families in the 472 | |
550 | - | state for the purpose of reimbursing or paying for collateral costs 473 | |
551 | - | incurred by qualified persons to receive reproductive health care 474 | |
552 | - | services or gender-affirming health care services. 475 | |
553 | - | (c) The safe harbor account shall be administered by a board of 476 | |
554 | - | trustees consisting of the following members: 477 | |
555 | - | (1) The Treasurer, or the Treasurer's designee, who shall serve as 478 | |
556 | - | chairperson of the board of trustees; 479 | |
557 | - | (2) The Commissioner of Mental Health and Addiction Services, or 480 | |
558 | - | the commissioner's designee; 481 | |
559 | - | (3) The Commissioner of Social Services, or the commissioner's 482 | |
560 | - | designee; 483 | |
561 | - | (4) The Commissioner of Public Health, or the commissioner's 484 Substitute Bill No. 7 | |
546 | + | (B) Meet established health care quality and patient safety guidelines 447 | |
547 | + | or rules. 448 | |
548 | + | (3) No health care entity shall discharge or discipline a health care 449 | |
549 | + | provider solely for providing information or counseling as described in 450 | |
550 | + | subdivision (1) of this subsection. 451 | |
551 | + | (c) (1) If a health care provider is acting in good faith, within the scope 452 | |
552 | + | of the health care provider's practice, education, training and experience 453 | |
553 | + | and within the accepted standard of care, a hospital with an emergency 454 | |
554 | + | department shall not prohibit the health care provider from providing 455 | |
555 | + | any emergency medical services, including reproductive health care 456 | |
556 | + | services, (A) if the failure to provide such services would violate the 457 | |
557 | + | accepted standard of care, or (B) if the patient is suffering from an 458 | |
558 | + | emergency medical condition. 459 | |
559 | + | (2) Nothing in subdivision (1) of this subsection shall be construed to 460 | |
560 | + | prohibit a health care entity from limiting a health care provider's 461 | |
561 | + | practice for purposes of: 462 | |
562 | + | (A) Complying with preferred provider network or utilization review 463 | |
563 | + | requirements of any program or entity authorized by state or federal 464 | |
564 | + | law to provide insurance coverage for health care services to an enrollee; 465 | |
565 | + | or 466 | |
566 | + | (B) Ensuring quality of care and patient safety, including, but not 467 | |
567 | + | limited to, when quality of care or patient safety issues are identified 468 | |
568 | + | pursuant to peer review. 469 | |
569 | + | (3) A health care entity shall not discharge or discipline a health care 470 | |
570 | + | provider for providing any emergency medical services, including, but 471 | |
571 | + | not limited to, reproductive health care services, (A) if the failure to 472 | |
572 | + | provide such services would violate the accepted standard of care, or 473 | |
573 | + | (B) if the patient is suffering from an emergency medical condition. 474 | |
574 | + | (4) A health care entity shall not discharge or discipline a health care 475 | |
575 | + | provider acting within the scope of such provider's practice, education, 476 | |
576 | + | Committee Bill No. 7 | |
562 | 577 | ||
563 | 578 | ||
564 | - | LCO | |
579 | + | LCO No. 6182 17 of 46 | |
565 | 580 | ||
566 | - | designee; and 485 | |
567 | - | (5) Five members appointed by the Treasurer, (A) one of whom shall 486 | |
568 | - | be a provider of reproductive health care services in the state, (B) one of 487 | |
569 | - | whom shall have experience working with members of the LGBTQ+ 488 | |
570 | - | community, and (C) one of whom shall have experience working with 489 | |
571 | - | providers of reproductive health care services. When making such 490 | |
572 | - | appointments, the Treasurer shall use the Treasurer's best efforts to 491 | |
573 | - | ensure that the board of trustees reflects the racial, gender and 492 | |
574 | - | geographic diversity of the state. 493 | |
575 | - | (d) Not later than September 1, 2025, the board of trustees shall adopt 494 | |
576 | - | policies and procedures concerning the awarding of grants pursuant to 495 | |
577 | - | the provisions of this section. Such policies and procedures shall 496 | |
578 | - | include, but need not be limited to, (1) grant application procedures, (2) 497 | |
579 | - | eligibility criteria for applicants, (3) eligibility criteria for collateral costs, 498 | |
580 | - | (4) consideration of need, including, but not limited to, financial need, 499 | |
581 | - | of the applicant, and (5) procedures to coordinate with any national 500 | |
582 | - | network created to perform similar functions to those of the safe harbor 501 | |
583 | - | account, including, but not limited to, procedures for the acceptance of 502 | |
584 | - | funding transferred to the safe harbor account for a particular use. Such 503 | |
585 | - | policies and procedures shall not require the collection or retention of 504 | |
586 | - | patient-identifiable data in order to receive a grant. Such policies and 505 | |
587 | - | procedures may be updated as deemed necessary by the board of 506 | |
588 | - | trustees. In the event that the board of trustees determines that the 507 | |
589 | - | policies and procedures adopted pursuant to the provisions of this 508 | |
590 | - | subsection are inadequate with respect to (A) determining the eligibility 509 | |
591 | - | of a certain health care provider or nonprofit organization for a grant, 510 | |
592 | - | or (B) whether a certain health care service received by a qualified 511 | |
593 | - | person or collateral cost incurred by a qualified person is eligible to be 512 | |
594 | - | reimbursed or paid by a health care provider or nonprofit organization 513 | |
595 | - | using grant moneys received pursuant to this section, the board of 514 | |
596 | - | trustees may make a fact-based determination as to such eligibility. 515 | |
597 | - | Sec. 14. (NEW) (Effective from passage) It is hereby declared that opioid 516 | |
598 | - | use disorder constitutes a public health crisis in this state and will 517 Substitute Bill No. 7 | |
581 | + | training and experience and within the accepted standard of care who 477 | |
582 | + | refuses to transfer a patient when the health care provider determines, 478 | |
583 | + | within reasonable medical probability, that the transfer or delay caused 479 | |
584 | + | by the transfer will create a medical hazard to the patient. 480 | |
585 | + | Sec. 5. (NEW) (Effective July 1, 2025) As used in this section and 481 | |
586 | + | sections 6 to 13, inclusive, of this act: 482 | |
587 | + | (1) "Emergency medical services" means (A) medical screening, 483 | |
588 | + | examination and evaluation by a physician or any other licensed health 484 | |
589 | + | care provider acting independently or, as required by applicable law, 485 | |
590 | + | under the supervision of a physician, to determine if an emergency 486 | |
591 | + | medical condition or active labor exists and, if so, the care, treatment 487 | |
592 | + | and surgery that is (i) necessary to relieve or eliminate the emergency 488 | |
593 | + | medical condition, and (ii) within the scope of the facility's license where 489 | |
594 | + | the physician or provider is practicing, provided such care, treatment or 490 | |
595 | + | surgery is within the scope of practice of such physician or provider, (B) 491 | |
596 | + | if it is determined that the emergency medical condition that exists is a 492 | |
597 | + | pregnancy complication, all reproductive health care services related to 493 | |
598 | + | the pregnancy complication, including, but not limited to, miscarriage 494 | |
599 | + | management and the treatment of an ectopic pregnancy, that are (i) 495 | |
600 | + | necessary to relieve or eliminate the emergency medical condition, and 496 | |
601 | + | (ii) within the scope of the facility's license where the physician or health 497 | |
602 | + | care provider is providing such services, provided such services are 498 | |
603 | + | within the scope of practice of such physician or provider. 499 | |
604 | + | (2) "Emergency medical condition" means a medical condition 500 | |
605 | + | manifesting itself by acute or severe symptoms, including, but not 501 | |
606 | + | limited to, severe pain, where the absence of immediate medical 502 | |
607 | + | attention could reasonably be expected to result in any of the following: 503 | |
608 | + | (A) Placement of the patient's life or health in serious jeopardy; 504 | |
609 | + | (B) Serious impairment to bodily functions; or 505 | |
610 | + | (C) Serious dysfunction of any bodily organ or part. 506 | |
611 | + | Committee Bill No. 7 | |
599 | 612 | ||
600 | 613 | ||
601 | - | LCO | |
614 | + | LCO No. 6182 18 of 46 | |
602 | 615 | ||
603 | - | ||
604 | - | ||
605 | - | ||
606 | - | ||
607 | - | ||
608 | - | ||
609 | - | ( | |
610 | - | ||
611 | - | ||
612 | - | ||
613 | - | ||
614 | - | ||
615 | - | ||
616 | - | ||
617 | - | ||
618 | - | ||
619 | - | ||
620 | - | ||
621 | - | ||
622 | - | ||
623 | - | ||
624 | - | ||
625 | - | ||
626 | - | ||
627 | - | ||
628 | - | ||
629 | - | ||
630 | - | ||
631 | - | ||
632 | - | ||
633 | - | ||
616 | + | (3) "Active labor" means a labor at a time at which either of the 507 | |
617 | + | following is true: 508 | |
618 | + | (A) There is inadequate time to safely transfer the patient to another 509 | |
619 | + | hospital prior to delivery; or 510 | |
620 | + | (B) A transfer may pose a threat to the health and safety of the patient 511 | |
621 | + | or the fetus. 512 | |
622 | + | (4) "Hospital" has the same meaning as provided in section 19a-490 513 | |
623 | + | of the general statutes. 514 | |
624 | + | (5) "Medical hazard" means a material deterioration in, or jeopardy 515 | |
625 | + | to, a patient's medical condition or expected chances for recovery. 516 | |
626 | + | (6) "Qualified personnel" means a physician or other licensed health 517 | |
627 | + | care provider acting within the scope of such person's licensure who has 518 | |
628 | + | the necessary licensure, training, education and experience to provide 519 | |
629 | + | the emergency medical services necessary to stabilize a patient. 520 | |
630 | + | (7) "Consultation" means the rendering of an opinion or advice, 521 | |
631 | + | prescribing treatment or the rendering of a decision regarding 522 | |
632 | + | hospitalization or transfer by telephone or other means of 523 | |
633 | + | communication, when determined to be medically necessary, jointly by 524 | |
634 | + | the (A) treating physician or other qualified personnel acting within the 525 | |
635 | + | scope of such personnel's licensure either independently or, when 526 | |
636 | + | required by law, under the supervision of a physician, and (B) 527 | |
637 | + | consulting physician, including, but not limited to, a review of the 528 | |
638 | + | patient's medical record and examination and treatment of the patient 529 | |
639 | + | in person, by telephone or through telehealth by a consulting physician 530 | |
640 | + | or other qualified personnel acting within the scope of such personnel's 531 | |
641 | + | licensure either independently or, when required by law, under the 532 | |
642 | + | supervision of a consulting physician, which physician or qualified 533 | |
643 | + | personnel is qualified to give an opinion or render the necessary 534 | |
644 | + | treatment to stabilize the patient. 535 | |
645 | + | (8) "Stabilized" means the patient's medical condition is such that, 536 | |
646 | + | Committee Bill No. 7 | |
634 | 647 | ||
635 | 648 | ||
636 | - | LCO | |
649 | + | LCO No. 6182 19 of 46 | |
637 | 650 | ||
638 | - | each of the following: 549 | |
639 | - | (1) Mental and behavioral health education resources to promote 550 | |
640 | - | awareness and understanding of mental and behavioral health issues; 551 | |
641 | - | (2) Peer-to-peer support services, including, but not limited to, a 552 | |
642 | - | moderated online peer chat room, where comments submitted by 553 | |
643 | - | students for posting in the chat room are prescreened and filtered 554 | |
644 | - | through by a moderator prior to posting, to encourage social connection 555 | |
645 | - | and mutual support among students; and 556 | |
646 | - | (3) Private online sessions with mental or behavioral health care 557 | |
647 | - | providers licensed in the state who (A) have demonstrated experience 558 | |
648 | - | delivering mental or behavioral health care services to school districts 559 | |
649 | - | serving both rural and urban student populations, and (B) shall be 560 | |
650 | - | selected or approved by the Commissioner of Education, provided such 561 | |
651 | - | sessions comply with the provisions of section 19a-906 of the general 562 | |
652 | - | statutes concerning telehealth and the provisions of section 19a-14c of 563 | |
653 | - | the general statutes concerning the provision of outpatient mental 564 | |
654 | - | health treatment to minors. 565 | |
655 | - | (c) (1) During its first year of operation, the pilot program shall have 566 | |
656 | - | the following objectives: (A) To build partnerships between priority 567 | |
657 | - | school districts and community organizations providing mental and 568 | |
658 | - | behavioral health care services; and (B) to launch a digital marketing 569 | |
659 | - | campaign using tools, including, but not limited to, a geofence, to raise 570 | |
660 | - | awareness and engagement among students concerning mental and 571 | |
661 | - | behavioral health issues affecting students. 572 | |
662 | - | (2) Not later than January 1, 2026, the Commissioner of Education 573 | |
663 | - | shall report, in accordance with the provisions of section 11-4a of the 574 | |
664 | - | general statutes, regarding the program's success in achieving such 575 | |
665 | - | objectives to the joint standing committees of the General Assembly 576 | |
666 | - | having cognizance of matters relating to public health and education. 577 | |
667 | - | (d) (1) During its second year of operation, the pilot program shall 578 | |
668 | - | have the following objectives: (A) To refer students to mental and 579 Substitute Bill No. 7 | |
651 | + | within reasonable medical probability in the opinion of the treating 537 | |
652 | + | physician or any other qualified personnel acting within the scope of 538 | |
653 | + | such personnel's licensure either independently or, when required by 539 | |
654 | + | law, under the supervision of a treating physician, no medical hazard is 540 | |
655 | + | likely to result from, or occur during, the transfer or discharge of the 541 | |
656 | + | patient as provided in section 7 or 8 of this act or any other relevant 542 | |
657 | + | provision of the general statutes. 543 | |
658 | + | Sec. 6. (NEW) (Effective July 1, 2025) (a) Each hospital licensed 544 | |
659 | + | pursuant to chapter 368v of the general statutes that maintains and 545 | |
660 | + | operates (1) an emergency department to provide emergency medical 546 | |
661 | + | services to the public, or (2) a freestanding emergency department, as 547 | |
662 | + | defined in section 19a-493d of the general statutes, shall provide 548 | |
663 | + | emergency medical services to any person requesting such services, or 549 | |
664 | + | for whom such services are requested by an individual with authority 550 | |
665 | + | to act on behalf of the person, who has a medical condition that places 551 | |
666 | + | the person in danger of loss of life or serious injury or illness when the 552 | |
667 | + | hospital has appropriate facilities and qualified personnel available to 553 | |
668 | + | provide such services. 554 | |
669 | + | (b) No hospital or hospital employee and no physician or other 555 | |
670 | + | licensed health care provider affiliated with a hospital shall be liable 556 | |
671 | + | under this section in any action arising out of a refusal of the hospital, 557 | |
672 | + | hospital employee, physician or other licensed health care provider to 558 | |
673 | + | render emergency medical services to a person if the refusal is based on 559 | |
674 | + | the hospital's, hospital employee's, physician's or provider's 560 | |
675 | + | determination, while exercising reasonable care, that (1) such person is 561 | |
676 | + | not experiencing an emergency medical condition, or (2) the hospital 562 | |
677 | + | does not have the appropriate facilities or qualified personnel available 563 | |
678 | + | to render such services to such person. 564 | |
679 | + | (c) A hospital shall render emergency medical services to a person 565 | |
680 | + | without first questioning such person or any other individual regarding 566 | |
681 | + | such person's ability to pay for such services. A hospital may follow 567 | |
682 | + | reasonable registration processes for persons for whom an examination 568 | |
683 | + | Committee Bill No. 7 | |
669 | 684 | ||
670 | 685 | ||
671 | - | LCO | |
686 | + | LCO No. 6182 20 of 46 | |
672 | 687 | ||
673 | - | behavioral health care providers, as needed; and (B) to enhance 580 | |
674 | - | students' engagement with mental and behavioral health tools, 581 | |
675 | - | including, but not limited to, coping strategies and clinician support. 582 | |
676 | - | (2) Not later than January 1, 2027, the Commissioner of Education 583 | |
677 | - | shall report, in accordance with the provisions of section 11-4a of the 584 | |
678 | - | general statutes, regarding the program's success in achieving such 585 | |
679 | - | objectives to the joint standing committees of the General Assembly 586 | |
680 | - | having cognizance of matters relating to public health and education. 587 | |
681 | - | Sec. 17. (Effective from passage) The sum of three million six hundred 588 | |
682 | - | thousand dollars is appropriated to the Department of Education from 589 | |
683 | - | the General Fund, for the fiscal year ending June 30, 2026, for the 590 | |
684 | - | administration of the mental and behavioral health awareness and 591 | |
685 | - | treatment pilot program established pursuant to section 16 of this act. 592 | |
686 | - | Sec. 18. (NEW) (Effective from passage) There is established an account 593 | |
687 | - | to be known as the "public health urgent communication account", 594 | |
688 | - | which shall be a separate, nonlapsing account. The account shall contain 595 | |
689 | - | any moneys required by law to be deposited in the account. Moneys in 596 | |
690 | - | the account shall be expended by the Department of Public Health for 597 | |
691 | - | the purposes of providing timely, effective communication to members 598 | |
692 | - | of the general public, health care providers and other relevant 599 | |
693 | - | stakeholders during a public health emergency, as described in section 600 | |
694 | - | 19a-131a of the general statutes. 601 | |
695 | - | Sec. 19. (Effective from passage) The sum of five million dollars is 602 | |
696 | - | appropriated to the Department of Public Health from the General 603 | |
697 | - | Fund, for the fiscal year ending June 30, 2026, for deposit into the "public 604 | |
698 | - | health urgent communication account" established pursuant to section 605 | |
699 | - | 18 of this act. 606 | |
700 | - | Sec. 20. (NEW) (Effective from passage) There is established an account 607 | |
701 | - | to be known as the "emergency public health financial safeguard 608 | |
702 | - | account", which shall be a separate, nonlapsing account. The account 609 | |
703 | - | shall contain any moneys required by law to be deposited in the account. 610 | |
704 | - | Moneys in the account shall be expended by the Department of Public 611 Substitute Bill No. 7 | |
688 | + | is required under this section, including, but not limited to, inquiring as 569 | |
689 | + | to whether the person has health insurance and, if so, details regarding 570 | |
690 | + | such health insurance, provided such inquiry does not delay an 571 | |
691 | + | evaluation of such person or the provision of emergency medical 572 | |
692 | + | services to such person. Such reasonable registration processes may not 573 | |
693 | + | unduly discourage persons from remaining at the hospital for further 574 | |
694 | + | evaluation. 575 | |
695 | + | Sec. 7. (NEW) (Effective July 1, 2025) (a) A hospital shall not transfer 576 | |
696 | + | any person needing emergency medical services to another hospital for 577 | |
697 | + | any nonmedical reason, including, but not limited to, the person's 578 | |
698 | + | inability to pay for any emergency medical services, unless each of the 579 | |
699 | + | following conditions are met: 580 | |
700 | + | (1) A physician has examined and evaluated the person prior to 581 | |
701 | + | transfer, including, if necessary, by engaging in a consultation. A 582 | |
702 | + | request for consultation shall be made by the treating physician or by 583 | |
703 | + | other qualified personnel acting within the scope of such personnel's 584 | |
704 | + | licensure either independently or, when required by law, under the 585 | |
705 | + | supervision of a treating physician, provided the request by such 586 | |
706 | + | qualified personnel is made with the contemporaneous approval of the 587 | |
707 | + | treating physician. 588 | |
708 | + | (2) The person has been provided with emergency medical services, 589 | |
709 | + | including, but not limited to, an abortion, if an abortion was medically 590 | |
710 | + | necessary to stabilize the patient, and it can be determined by the 591 | |
711 | + | hospital, within reasonable medical probability, that such person's 592 | |
712 | + | emergency medical condition has been stabilized and the transfer or 593 | |
713 | + | delay caused by the transfer will not create a medical hazard to such 594 | |
714 | + | person. 595 | |
715 | + | (3) A physician at the transferring hospital has notified the receiving 596 | |
716 | + | hospital and obtained consent to the transfer of the person from a 597 | |
717 | + | physician at the receiving hospital and confirmation by the receiving 598 | |
718 | + | hospital that the person meets the receiving hospital's admissions 599 | |
719 | + | criteria relating to appropriate bed, personnel and equipment necessary 600 | |
720 | + | Committee Bill No. 7 | |
705 | 721 | ||
706 | 722 | ||
707 | - | LCO | |
723 | + | LCO No. 6182 21 of 46 | |
708 | 724 | ||
709 | - | Health for the purposes of addressing unexpected shortfalls in public 612 | |
710 | - | health funding and ensuring the Department of Public Health's ability 613 | |
711 | - | to respond to the health care needs of state residents and provide a 614 | |
712 | - | continuity of essential public health services. 615 | |
713 | - | Sec. 21. (Effective from passage) The sum of thirty million dollars is 616 | |
714 | - | appropriated to the Department of Public Health from the General 617 | |
715 | - | Fund, for the fiscal year ending June 30, 2026, for deposit into the 618 | |
716 | - | "emergency public health financial safeguard account" established 619 | |
717 | - | pursuant to section 20 of this act. 620 | |
718 | - | Sec. 22. (NEW) (Effective October 1, 2025) As used in this section and 621 | |
719 | - | sections 23 to 25, inclusive, of this act: 622 | |
720 | - | (1) "Commissioner" means the Commissioner of Public Health; 623 | |
721 | - | (2) "Department" means the Department of Public Health; 624 | |
722 | - | (3) "Health care administrator" means a person employed by a 625 | |
723 | - | hospital who is a: 626 | |
724 | - | (A) Nonclinical hospital manager with direct supervisory authority 627 | |
725 | - | over clinical health care providers who is responsible for one or more of 628 | |
726 | - | the following activities: 629 | |
727 | - | (i) Hiring, scheduling, evaluating and providing direct supervision 630 | |
728 | - | of clinical health care providers; 631 | |
729 | - | (ii) Monitoring hospital activities for compliance with state or federal 632 | |
730 | - | regulatory requirements; or 633 | |
731 | - | (iii) Developing fiscal reports for clinical units of the hospital or the 634 | |
732 | - | hospital as a whole; or 635 | |
733 | - | (B) Nonclinical hospital director, officer or executive who has direct 636 | |
734 | - | or indirect supervisory authority over only nonclinical hospital 637 | |
735 | - | managers described in subparagraph (A) of this subdivision, for one or 638 | |
736 | - | more of the following activities: 639 Substitute Bill No. 7 | |
725 | + | to treat the person. 601 | |
726 | + | (4) The transferring hospital has provided for appropriate personnel 602 | |
727 | + | and equipment that a reasonable and prudent physician in the same or 603 | |
728 | + | similar locality exercising ordinary care would use to affect the transfer. 604 | |
729 | + | (5) All of the person's pertinent medical records and copies of all of 605 | |
730 | + | the appropriate diagnostic test results that are reasonably available have 606 | |
731 | + | been compiled for transfer with the person. Transfer of medical records 607 | |
732 | + | may be accomplished by a transfer of physical records or by confirming 608 | |
733 | + | that the receiving hospital has access to the patient's electronic medical 609 | |
734 | + | records from the transferring hospital. 610 | |
735 | + | (6) The records transferred with the person shall include a transfer 611 | |
736 | + | summary signed by the transferring physician that contains relevant 612 | |
737 | + | transfer information available to the transferring hospital at the time of 613 | |
738 | + | transfer. The form of the transfer summary shall, at a minimum, contain 614 | |
739 | + | (A) the person's name, address, sex, race, age, insurance status, 615 | |
740 | + | presenting symptoms and medical condition, (B) the name and business 616 | |
741 | + | address of the transferring physician or emergency department 617 | |
742 | + | personnel authorizing the transfer, (C) the declaration of the signor that 618 | |
743 | + | the signor is assured, within reasonable medical probability, that the 619 | |
744 | + | transfer creates no medical hazard to the patient, (D) the time and date 620 | |
745 | + | of the transfer, (E) the reason for the transfer, (F) the time and date the 621 | |
746 | + | person was first presented at the transferring hospital, and (G) the name 622 | |
747 | + | of the physician at the receiving hospital consenting to the transfer and 623 | |
748 | + | the time and date of the consent. Neither the transferring physician nor 624 | |
749 | + | the transferring hospital shall be required to duplicate, in the transfer 625 | |
750 | + | summary, information contained in medical records transferred with 626 | |
751 | + | the person. 627 | |
752 | + | (7) The hospital shall ask the patient if the patient has a preferred 628 | |
753 | + | contact person to be notified about the transfer and, prior to the transfer, 629 | |
754 | + | the hospital shall make a reasonable attempt to contact such person and 630 | |
755 | + | alert them about the proposed transfer. If the patient is not able to 631 | |
756 | + | respond, the hospital shall make a reasonable effort to ascertain the 632 | |
757 | + | Committee Bill No. 7 | |
737 | 758 | ||
738 | 759 | ||
739 | - | LCO | |
760 | + | LCO No. 6182 22 of 46 | |
740 | 761 | ||
741 | - | (i) Hiring and supervising such nonclinical hospital managers; 640 | |
742 | - | (ii) Providing oversight of operations for the hospital or any of its 641 | |
743 | - | departments; 642 | |
744 | - | (iii) Developing policies and procedures establishing the standards of 643 | |
745 | - | patient care; 644 | |
746 | - | (iv) Providing oversight of budgetary and financial decisions related 645 | |
747 | - | to operations and the delivery of patient care for the hospital or any of 646 | |
748 | - | its departments; and 647 | |
749 | - | (v) Ensuring that hospital policies comply with state and federal 648 | |
750 | - | regulatory requirements; and 649 | |
751 | - | (4) "Hospital" means an institution licensed as a hospital pursuant to 650 | |
752 | - | chapter 368v of the general statutes. 651 | |
753 | - | Sec. 23. (NEW) (Effective October 1, 2025) (a) No person shall practice 652 | |
754 | - | as a health care administrator unless such person is licensed pursuant 653 | |
755 | - | to section 24 of this act. 654 | |
756 | - | (b) No person may use the title "health care administrator" or make 655 | |
757 | - | use of any title, words, letters or abbreviations indicating or implying 656 | |
758 | - | that such person is licensed to practice as a health care administrator 657 | |
759 | - | pursuant to section 24 of this act. 658 | |
760 | - | Sec. 24. (NEW) (Effective October 1, 2025) (a) Except as provided in 659 | |
761 | - | subsection (b) of this section, the commissioner shall grant a license to 660 | |
762 | - | practice as a health care administrator to an applicant who presents 661 | |
763 | - | evidence satisfactory to the commissioner that such applicant has: (1) A 662 | |
764 | - | baccalaureate or graduate degree in health care administration, public 663 | |
765 | - | health or a related field from a regionally accredited institution of higher 664 | |
766 | - | education, or from an institution of higher education outside of the 665 | |
767 | - | United States that is legally chartered to grant postsecondary degrees in 666 | |
768 | - | the country in which such institution is located; (2) passed an 667 | |
769 | - | examination prescribed by the department designed to test the 668 | |
770 | - | applicant's knowledge of health care laws, patient safety protocols and 669 Substitute Bill No. 7 | |
762 | + | identity of the preferred contact person or the next of kin and alert such 633 | |
763 | + | person about the transfer. The hospital shall document in the patient's 634 | |
764 | + | medical record any attempt to contact a preferred contact person or next 635 | |
765 | + | of kin. 636 | |
766 | + | (b) Nothing in this section shall be construed to prohibit the transfer 637 | |
767 | + | or discharge of a patient when the patient or the patient's authorized 638 | |
768 | + | representative, including a parent or guardian of the patient, requests a 639 | |
769 | + | transfer or discharge and gives informed consent to the transfer or 640 | |
770 | + | discharge against medical advice. 641 | |
771 | + | (c) The Department of Public Health shall adopt regulations, in 642 | |
772 | + | accordance with the provisions of chapter 54 of the general statutes, to 643 | |
773 | + | implement the provisions of this section. 644 | |
774 | + | Sec. 8. (NEW) (Effective July 1, 2025) (a) A receiving hospital shall 645 | |
775 | + | accept the transfer of a person from a transferring hospital to the extent 646 | |
776 | + | required pursuant to section 7 of this act or any contract obligation the 647 | |
777 | + | receiving hospital has to care for the person. 648 | |
778 | + | (b) The receiving hospital shall provide personnel and equipment 649 | |
779 | + | reasonably required by the applicable standard of practice and the 650 | |
780 | + | regulations adopted pursuant to section 7 of this act to care for the 651 | |
781 | + | transferred patient. 652 | |
782 | + | (c) Any hospital that has suffered a financial loss as a direct result of 653 | |
783 | + | a hospital's improper transfer of a person or refusal to accept a person 654 | |
784 | + | for whom the hospital has a legal obligation to provide care may, in a 655 | |
785 | + | civil action against the participating hospital, obtain damages for such 656 | |
786 | + | financial loss and such equitable relief as is appropriate. 657 | |
787 | + | (d) Nothing in this section shall be construed to require a hospital to 658 | |
788 | + | receive a person from a transferring hospital and make arrangements 659 | |
789 | + | for the care of a person for whom the hospital does not have a legal 660 | |
790 | + | obligation to provide care. 661 | |
791 | + | Sec. 9. (NEW) (Effective July 1, 2025) (a) The Commissioner of Public 662 | |
792 | + | Committee Bill No. 7 | |
771 | 793 | ||
772 | 794 | ||
773 | - | LCO | |
795 | + | LCO No. 6182 23 of 46 | |
774 | 796 | ||
775 | - | health | |
776 | - | ||
777 | - | ||
778 | - | ||
779 | - | to | |
780 | - | ||
781 | - | ||
782 | - | ||
783 | - | ||
784 | - | ||
785 | - | ||
786 | - | ||
787 | - | of an | |
788 | - | ||
789 | - | ||
790 | - | ||
791 | - | ||
792 | - | ||
793 | - | ||
794 | - | ||
795 | - | shall | |
796 | - | ||
797 | - | ||
798 | - | ||
799 | - | ||
800 | - | ||
801 | - | ||
802 | - | ||
803 | - | ||
804 | - | ||
805 | - | such | |
806 | - | ||
807 | - | ||
797 | + | Health shall require as a condition of licensure of a hospital, pursuant 663 | |
798 | + | to section 19a-491 of the general statutes, that each hospital adopt, in 664 | |
799 | + | collaboration with the medical staff of the hospital, policies and transfer 665 | |
800 | + | protocols consistent with sections 4 to 13, inclusive, of this act and the 666 | |
801 | + | regulations adopted pursuant to section 7 of this act. 667 | |
802 | + | (b) The commissioner shall require as a condition of licensure of a 668 | |
803 | + | hospital, pursuant to section 19a-491 of the general statutes, that each 669 | |
804 | + | hospital communicate, both orally and in writing, to each person who 670 | |
805 | + | presents to the hospital's emergency department, or such person's 671 | |
806 | + | authorized representative, if any such representative is present and the 672 | |
807 | + | person is unable to understand verbal or written communication, of the 673 | |
808 | + | reasons for the transfer or refusal to provide emergency medical services 674 | |
809 | + | and of the person's right to receive such services to stabilize an 675 | |
810 | + | emergency medical condition prior to transfer to another hospital or 676 | |
811 | + | health care facility or discharge without regard to ability to pay. 677 | |
812 | + | Nothing in this subsection shall be construed to require notification of 678 | |
813 | + | the reasons for the transfer in advance of the transfer when (1) a person 679 | |
814 | + | is unaccompanied, (2) the hospital has made a reasonable effort to locate 680 | |
815 | + | an authorized representative of the person, and (3) due to the person's 681 | |
816 | + | physical or mental condition, notification is not possible. Each hospital 682 | |
817 | + | shall prominently post a sign in its emergency department informing 683 | |
818 | + | the public of their rights under sections 4 to 13, inclusive, of this act. 684 | |
819 | + | Both the written communication and sign required under this 685 | |
820 | + | subsection shall include the contact information for the Department of 686 | |
821 | + | Public Health and identify the department as the state agency to contact 687 | |
822 | + | if a person wishes to complain about the hospital's conduct. 688 | |
823 | + | (c) Not later than thirty days after the adoption of regulations 689 | |
824 | + | pursuant to section 7 of this act, each hospital shall submit its policies 690 | |
825 | + | and protocols adopted pursuant to subsection (a) of this section to the 691 | |
826 | + | Department of Public Health. Each hospital shall submit any revisions 692 | |
827 | + | to such policies or protocols to the department not later than thirty days 693 | |
828 | + | prior to the effective date of such revisions. 694 | |
829 | + | Committee Bill No. 7 | |
808 | 830 | ||
809 | 831 | ||
810 | - | LCO | |
832 | + | LCO No. 6182 24 of 46 | |
811 | 833 | ||
812 | - | exist. Any person aggrieved by the finding of the department may 703 | |
813 | - | appeal such finding in accordance with the provisions of section 4-183 704 | |
814 | - | of the general statutes, and such appeal shall have precedence over 705 | |
815 | - | nonprivileged cases in respect to order of trial. 706 | |
816 | - | (b) The department may take action under section 19a-17 of the 707 | |
817 | - | general statutes for any of the following reasons: (1) A fiscal or 708 | |
818 | - | operational decision that results in injury to a patient or creates an 709 | |
819 | - | unreasonable risk that a patient may be harmed; (2) a violation by a 710 | |
820 | - | licensed health care provider of a state or federal statute or 711 | |
821 | - | administrative rule regulating a profession when the health care 712 | |
822 | - | administrator was responsible for the oversight of the licensed health 713 | |
823 | - | care provider; (3) aiding or abetting a licensed health care provider to 714 | |
824 | - | practice the provider's health care profession after a patient complaint 715 | |
825 | - | or adverse event has been reported to the hospital employing the 716 | |
826 | - | licensed health care administrator, the department or the appropriate 717 | |
827 | - | disciplining authority, while the complaint or adverse event is being 718 | |
828 | - | investigated, and if harm, disability or death of a patient occurred after 719 | |
829 | - | the complaint or report of the adverse event; (4) failure to adequately 720 | |
830 | - | supervise licensed clinical staff and nonclinical staff to the extent that a 721 | |
831 | - | patient's health or safety is at risk; (5) any administrative, operational or 722 | |
832 | - | fiscal decision that impedes a clinical licensed health care provider from 723 | |
833 | - | adhering to standards of practice or leads to patient harm, disability or 724 | |
834 | - | death; or (6) a fiscal or operational decision resulting in the inability of 725 | |
835 | - | licensed clinical health care providers to practice with reasonable skill 726 | |
836 | - | and safety, regardless of the occurrence of patient harm, disability or 727 | |
837 | - | death. The commissioner may order a license holder to submit to a 728 | |
838 | - | reasonable physical or mental examination if such license holder's 729 | |
839 | - | physical or mental capacity to practice safely is being investigated. The 730 | |
840 | - | commissioner may petition the superior court for the judicial district of 731 | |
841 | - | Hartford to enforce such order or any action taken pursuant to section 732 | |
842 | - | 19a-17 of the general statutes. 733 | |
843 | - | Sec. 26. Subdivision (1) of subsection (e) of section 19a-88 of the 734 | |
844 | - | general statutes is repealed and the following is substituted in lieu 735 | |
845 | - | thereof (Effective October 1, 2025): 736 Substitute Bill No. 7 | |
834 | + | Sec. 10. (NEW) (Effective July 1, 2025) (a) Each hospital shall maintain 695 | |
835 | + | records of each transfer of a person made or received, including the 696 | |
836 | + | transfer summary described in subdivision (6) of subsection (a) of 697 | |
837 | + | section 7 of this act, for a period of not less than three years following 698 | |
838 | + | the date of the transfer. 699 | |
839 | + | (b) Each hospital making or receiving transfers of persons shall file 700 | |
840 | + | with the Department of Public Health annual reports, in a form and 701 | |
841 | + | manner prescribed by the Commissioner of Public Health, that shall 702 | |
842 | + | describe the aggregate number of transfers made and received, the 703 | |
843 | + | insurance status of each person transferred and the reasons for such 704 | |
844 | + | transfers. 705 | |
845 | + | (c) Each receiving hospital, physician and licensed emergency room 706 | |
846 | + | health care personnel at the receiving hospital, and each licensed 707 | |
847 | + | emergency medical services personnel, as defined in section 19a-175 of 708 | |
848 | + | the general statutes, effectuating the transfer of a person who knows of 709 | |
849 | + | an apparent violation of any provision of sections 5 to 12, inclusive, of 710 | |
850 | + | this act or the regulations adopted pursuant to section 7 of this act, shall, 711 | |
851 | + | and each transferring hospital and each physician and other provider 712 | |
852 | + | involved in the transfer at such hospital may, report such violation to 713 | |
853 | + | the Department of Public Health, in a form and manner prescribed by 714 | |
854 | + | the Commissioner of Public Health, not later than fourteen days after 715 | |
855 | + | the occurrence of such violation. When two or more persons required to 716 | |
856 | + | report a violation have joint knowledge of an apparent violation, a 717 | |
857 | + | single report may be made by a member of the hospital personnel 718 | |
858 | + | selected by mutual agreement in accordance with hospital protocols. 719 | |
859 | + | Any person required to report a violation who disagrees with a 720 | |
860 | + | proposed joint report shall report individually. 721 | |
861 | + | (d) No hospital, state agency or person shall retaliate against, 722 | |
862 | + | penalize, institute a civil action against or recover monetary relief from, 723 | |
863 | + | or otherwise cause any injury to, any physician, other hospital personnel 724 | |
864 | + | or emergency medical services personnel for reporting in good faith an 725 | |
865 | + | apparent violation of any provision of sections 5 to 12, inclusive, of this 726 | |
866 | + | Committee Bill No. 7 | |
846 | 867 | ||
847 | 868 | ||
848 | - | LCO | |
869 | + | LCO No. 6182 25 of 46 | |
849 | 870 | ||
850 | - | (e) (1) Each person holding a license or certificate issued under 737 | |
851 | - | section 24 of this act, section 19a-514, 20-65k, 20-74s, 20-185k, 20-185l, 20-738 | |
852 | - | 195cc or 20-206ll and chapters 370 to 373, inclusive, 375, 378 to 381a, 739 | |
853 | - | inclusive, 383 to 383c, inclusive, 383g, 384, 384a, 384b, 385, 393a, 395, 399 740 | |
854 | - | or 400a and section 20-206n or 20-206o shall, annually, or, in the case of 741 | |
855 | - | a person holding a license as a marital and family therapist associate 742 | |
856 | - | under section 20-195c on or before twenty-four months after the date of 743 | |
857 | - | initial licensure, during the month of such person's birth, apply for 744 | |
858 | - | renewal of such license or certificate to the Department of Public Health, 745 | |
859 | - | giving such person's name in full, such person's residence and business 746 | |
860 | - | address and such other information as the department requests. 747 | |
861 | - | Sec. 27. (NEW) (Effective July 1, 2025) (a) As used in this section: 748 | |
862 | - | (1) "Advanced practice registered nurse" means an individual 749 | |
863 | - | licensed as an advanced practice registered nurse pursuant to chapter 750 | |
864 | - | 378 of the general statutes; 751 | |
865 | - | (2) "Physician" means an individual licensed as a physician pursuant 752 | |
866 | - | to chapter 370 of the general statutes; 753 | |
867 | - | (3) "Physician assistant" means an individual licensed as a physician 754 | |
868 | - | assistant pursuant to chapter 370 of the general statutes; and 755 | |
869 | - | (4) "Sudden unexpected death in epilepsy" means the death of a 756 | |
870 | - | person with epilepsy that is not caused by injury, drowning or other 757 | |
871 | - | known causes unrelated to epilepsy. 758 | |
872 | - | (b) On and after October 1, 2025, each physician, advanced practice 759 | |
873 | - | registered nurse and physician assistant who regularly treats patients 760 | |
874 | - | with epilepsy shall provide each such patient with information 761 | |
875 | - | concerning the risk of sudden unexpected death in epilepsy and 762 | |
876 | - | methods to mitigate such risk. 763 | |
871 | + | act or the regulations adopted pursuant to section 7 of this act to the 727 | |
872 | + | Department of Public Health, the hospital, a member of the hospital's 728 | |
873 | + | medical staff or any other interested party or government agency. 729 | |
874 | + | Sec. 11. (NEW) (Effective July 1, 2025) (a) Except as otherwise provided 730 | |
875 | + | in sections 5 to 12, inclusive, of this act, the Commissioner of Public 731 | |
876 | + | Health shall investigate each alleged violation of said sections and the 732 | |
877 | + | regulations adopted pursuant to section 7 of this act unless the 733 | |
878 | + | commissioner concludes that the allegation does not include facts 734 | |
879 | + | requiring further investigation or is otherwise unmeritorious. 735 | |
880 | + | (b) The Commissioner of Public Health may take any action 736 | |
881 | + | authorized by sections 19a-494 and 19a-494a of the general statutes 737 | |
882 | + | against a hospital or authorized by section 19a-17 of the general statutes 738 | |
883 | + | against a licensed health care provider for a violation of any provision 739 | |
884 | + | of sections 5 to 12, inclusive, of this act. 740 | |
885 | + | Sec. 12. (NEW) (Effective July 1, 2025) (a) A hospital shall not base the 741 | |
886 | + | provision of emergency medical services to a person, in whole or in part, 742 | |
887 | + | upon, or discriminate against a person based upon, the person's 743 | |
888 | + | ethnicity, citizenship, age, preexisting medical condition, insurance 744 | |
889 | + | status, economic status, ability to pay for medical services, sex, race, 745 | |
890 | + | color, religion, disability, genetic information, marital status, sexual 746 | |
891 | + | orientation, primary language or immigration status, except to the 747 | |
892 | + | extent that a circumstance such as age, sex, pregnancy, medical 748 | |
893 | + | condition related to childbirth, preexisting medical condition or 749 | |
894 | + | physical or mental disability is medically significant to the provision of 750 | |
895 | + | appropriate medical care to the patient. Each hospital shall adopt a 751 | |
896 | + | policy to implement the provisions of this section. 752 | |
897 | + | (b) Unless otherwise permitted by contract, each hospital shall 753 | |
898 | + | prohibit each physician who serves on an on-call basis in the hospital's 754 | |
899 | + | emergency department from refusing to respond to a call on the basis of 755 | |
900 | + | the person's ethnicity, citizenship, age, preexisting medical condition, 756 | |
901 | + | insurance status, economic status, ability to pay for medical services, 757 | |
902 | + | sex, race, color, religion, disability, current medical condition, genetic 758 | |
903 | + | Committee Bill No. 7 | |
904 | + | ||
905 | + | ||
906 | + | LCO No. 6182 26 of 46 | |
907 | + | ||
908 | + | information, marital status, sexual orientation, primary language or 759 | |
909 | + | immigration status, except to the extent that a circumstance such as age, 760 | |
910 | + | sex, preexisting medical condition or physical or mental disability is 761 | |
911 | + | medically significant to the provision of appropriate medical care to the 762 | |
912 | + | patient. If a contract that was in existence on or before July 1, 2025, 763 | |
913 | + | between a physician and hospital for the provision of emergency 764 | |
914 | + | department coverage prevents a hospital from imposing the prohibition 765 | |
915 | + | required under this subsection, the contract shall be revised to include 766 | |
916 | + | such prohibition as soon as it is legally permissible to make such a 767 | |
917 | + | revision. Nothing in this section shall be construed to require any 768 | |
918 | + | physician to serve on an on-call basis for a hospital. 769 | |
919 | + | Sec. 13. (NEW) (Effective July 1, 2025) (a) Any individual harmed by a 770 | |
920 | + | violation of any provision of sections 4 to 12, inclusive, of this act may 771 | |
921 | + | bring, not later than one hundred eighty days after the occurrence of 772 | |
922 | + | such violation, a civil action against a hospital or other health care entity 773 | |
923 | + | for such violation. 774 | |
924 | + | (b) Any hospital or other health care entity found to have violated 775 | |
925 | + | any provision of sections 4 to 12, inclusive, of this act shall be liable for 776 | |
926 | + | compensatory damages, with costs and such reasonable attorney's fees 777 | |
927 | + | as may be allowed by the court. In the case of a health care provider who 778 | |
928 | + | has been subjected to retaliation or other disciplinary action in violation 779 | |
929 | + | of any provision of sections 4 to 12, inclusive, of this act, the hospital or 780 | |
930 | + | other health care entity shall also be liable for the full amount of gross 781 | |
931 | + | loss of wages in addition to any compensatory damages for which the 782 | |
932 | + | hospital or health care entity is liable under this subsection. 783 | |
933 | + | (c) The court may also provide injunctive relief to prevent further 784 | |
934 | + | violations of any provision of sections 4 to 12, inclusive, of this act. 785 | |
935 | + | (d) If the court determines that an action for damages was brought 786 | |
936 | + | under this section without substantial justification, the court may award 787 | |
937 | + | costs and reasonable attorney's fees to the hospital or other health care 788 | |
938 | + | entity. 789 | |
939 | + | Committee Bill No. 7 | |
940 | + | ||
941 | + | ||
942 | + | LCO No. 6182 27 of 46 | |
943 | + | ||
944 | + | (e) Nothing in this section shall preclude any other causes of action 790 | |
945 | + | authorized by law or prevent the state or any professional licensing 791 | |
946 | + | board from taking any action authorized by the general statutes against 792 | |
947 | + | the hospital, health care entity or an individual health care provider. 793 | |
948 | + | Sec. 14. (Effective from passage) The Health Care Cabinet established 794 | |
949 | + | pursuant to section 19a-725 of the general statutes shall study the 795 | |
950 | + | feasibility of regulating stop loss policies used in conjunction with 796 | |
951 | + | health plans as fully insured health plans. The cabinet shall hold one or 797 | |
952 | + | more informational hearings as part of such study. Not later than 798 | |
953 | + | January 1, 2026, the Commissioner of Health Strategy shall report, in 799 | |
954 | + | accordance with the provisions of section 11-4a of the general statutes, 800 | |
955 | + | to the joint standing committees of the General Assembly having 801 | |
956 | + | cognizance of matters relating to insurance and public health regarding 802 | |
957 | + | the results of such study. 803 | |
958 | + | Sec. 15. Section 19a-639 of the general statutes is repealed and the 804 | |
959 | + | following is substituted in lieu thereof (Effective July 1, 2025): 805 | |
960 | + | (a) In any deliberations involving a certificate of need application 806 | |
961 | + | filed pursuant to section 19a-638, the unit shall take into consideration 807 | |
962 | + | and make written findings concerning each of the following guidelines 808 | |
963 | + | and principles: 809 | |
964 | + | (1) Whether the proposed project is consistent with any applicable 810 | |
965 | + | policies and standards adopted in regulations by the Office of Health 811 | |
966 | + | Strategy; 812 | |
967 | + | (2) The relationship of the proposed project to the state-wide health 813 | |
968 | + | care facilities and services plan; 814 | |
969 | + | (3) Whether there is a clear public need for the health care facility or 815 | |
970 | + | services proposed by the applicant; 816 | |
971 | + | (4) Whether the applicant has satisfactorily demonstrated how the 817 | |
972 | + | proposal will impact the financial strength of the health care system in 818 | |
973 | + | the state or that the proposal is financially feasible for the applicant; 819 | |
974 | + | Committee Bill No. 7 | |
975 | + | ||
976 | + | ||
977 | + | LCO No. 6182 28 of 46 | |
978 | + | ||
979 | + | (5) Whether the applicant has satisfactorily demonstrated how the 820 | |
980 | + | proposal will improve quality, accessibility and cost effectiveness of 821 | |
981 | + | health care delivery in the region, including, but not limited to, 822 | |
982 | + | provision of or any change in the access to services for Medicaid 823 | |
983 | + | recipients and indigent persons; 824 | |
984 | + | (6) The applicant's past and proposed provision of health care 825 | |
985 | + | services to relevant patient populations and payer mix, including, but 826 | |
986 | + | not limited to, access to services by Medicaid recipients and indigent 827 | |
987 | + | persons; 828 | |
988 | + | (7) Whether the applicant has satisfactorily identified the population 829 | |
989 | + | to be served by the proposed project and satisfactorily demonstrated 830 | |
990 | + | that the identified population has a need for the proposed services; 831 | |
991 | + | (8) The utilization of existing health care facilities and health care 832 | |
992 | + | services in the service area of the applicant; 833 | |
993 | + | (9) Whether the applicant has satisfactorily demonstrated that the 834 | |
994 | + | proposed project shall not result in an unnecessary duplication of 835 | |
995 | + | existing or approved health care services or facilities; 836 | |
996 | + | (10) Whether an applicant, who has failed to provide or reduced 837 | |
997 | + | access to services by Medicaid recipients or indigent persons, has 838 | |
998 | + | demonstrated good cause for doing so, which shall not be demonstrated 839 | |
999 | + | solely on the basis of differences in reimbursement rates between 840 | |
1000 | + | Medicaid and other health care payers; 841 | |
1001 | + | (11) Whether the applicant has satisfactorily demonstrated that the 842 | |
1002 | + | proposal will not negatively impact the diversity of health care 843 | |
1003 | + | providers and patient choice in the geographic region; and 844 | |
1004 | + | (12) Whether the applicant has satisfactorily demonstrated that any 845 | |
1005 | + | consolidation resulting from the proposal will not adversely affect 846 | |
1006 | + | health care costs or accessibility to care. 847 | |
1007 | + | [(b) In deliberations as described in subsection (a) of this section, 848 | |
1008 | + | Committee Bill No. 7 | |
1009 | + | ||
1010 | + | ||
1011 | + | LCO No. 6182 29 of 46 | |
1012 | + | ||
1013 | + | there shall be a presumption in favor of approving the certificate of need 849 | |
1014 | + | application for a transfer of ownership of a large group practice, as 850 | |
1015 | + | described in subdivision (3) of subsection (a) of section 19a-638, when 851 | |
1016 | + | an offer was made in response to a request for proposal or similar 852 | |
1017 | + | voluntary offer for sale.] 853 | |
1018 | + | [(c)] (b) The unit, as it deems necessary, may revise or supplement the 854 | |
1019 | + | guidelines and principles, set forth in subsection (a) of this section, 855 | |
1020 | + | through regulation. 856 | |
1021 | + | [(d)] (c) (1) For purposes of this subsection and subsection [(e)] (d) of 857 | |
1022 | + | this section: 858 | |
1023 | + | (A) "Affected community" means a municipality where a hospital is 859 | |
1024 | + | physically located or a municipality whose inhabitants are regularly 860 | |
1025 | + | served by a hospital; 861 | |
1026 | + | (B) "Hospital" has the same meaning as provided in section 19a-490; 862 | |
1027 | + | (C) "New hospital" means a hospital as it exists after the approval of 863 | |
1028 | + | an agreement pursuant to section 19a-486b, as amended by this act, or a 864 | |
1029 | + | certificate of need application for a transfer of ownership of a hospital; 865 | |
1030 | + | (D) "Purchaser" means a person who is acquiring, or has acquired, 866 | |
1031 | + | any assets of a hospital through a transfer of ownership of a hospital; 867 | |
1032 | + | (E) "Transacting party" means a purchaser and any person who is a 868 | |
1033 | + | party to a proposed agreement for transfer of ownership of a hospital; 869 | |
1034 | + | (F) "Transfer" means to sell, transfer, lease, exchange, option, convey, 870 | |
1035 | + | give or otherwise dispose of or transfer control over, including, but not 871 | |
1036 | + | limited to, transfer by way of merger or joint venture not in the ordinary 872 | |
1037 | + | course of business; and 873 | |
1038 | + | (G) "Transfer of ownership of a hospital" means a transfer that 874 | |
1039 | + | impacts or changes the governance or controlling body of a hospital, 875 | |
1040 | + | including, but not limited to, all affiliations, mergers or any sale or 876 | |
1041 | + | Committee Bill No. 7 | |
1042 | + | ||
1043 | + | ||
1044 | + | LCO No. 6182 30 of 46 | |
1045 | + | ||
1046 | + | transfer of net assets of a hospital and for which a certificate of need 877 | |
1047 | + | application or a certificate of need determination letter is filed on or after 878 | |
1048 | + | December 1, 2015. 879 | |
1049 | + | (2) In any deliberations involving a certificate of need application 880 | |
1050 | + | filed pursuant to section 19a-638 that involves the transfer of ownership 881 | |
1051 | + | of a hospital, the unit shall, in addition to the guidelines and principles 882 | |
1052 | + | set forth in subsection (a) of this section and those prescribed through 883 | |
1053 | + | regulation pursuant to subsection [(c)] (b) of this section, take into 884 | |
1054 | + | consideration and make written findings concerning each of the 885 | |
1055 | + | following guidelines and principles: 886 | |
1056 | + | (A) Whether the applicant fairly considered alternative proposals or 887 | |
1057 | + | offers in light of the purpose of maintaining health care provider 888 | |
1058 | + | diversity and consumer choice in the health care market and access to 889 | |
1059 | + | affordable quality health care for the affected community; and 890 | |
1060 | + | (B) Whether the plan submitted pursuant to section 19a-639a 891 | |
1061 | + | demonstrates, in a manner consistent with this chapter, how health care 892 | |
1062 | + | services will be provided by the new hospital for the first three years 893 | |
1063 | + | following the transfer of ownership of the hospital, including any 894 | |
1064 | + | consolidation, reduction, elimination or expansion of existing services 895 | |
1065 | + | or introduction of new services. 896 | |
1066 | + | (3) The unit shall deny any certificate of need application involving a 897 | |
1067 | + | transfer of ownership of a hospital unless the commissioner finds that 898 | |
1068 | + | the affected community will be assured of continued access to high 899 | |
1069 | + | quality and affordable health care after accounting for any proposed 900 | |
1070 | + | change impacting hospital staffing. 901 | |
1071 | + | (4) The unit may deny any certificate of need application involving a 902 | |
1072 | + | transfer of ownership of a hospital subject to a cost and market impact 903 | |
1073 | + | review pursuant to section 19a-639f, as amended by this act, if the 904 | |
1074 | + | commissioner finds that (A) the affected community will not be assured 905 | |
1075 | + | of continued access to high quality and affordable health care after 906 | |
1076 | + | accounting for any consolidation in the hospital and health care market 907 | |
1077 | + | Committee Bill No. 7 | |
1078 | + | ||
1079 | + | ||
1080 | + | LCO No. 6182 31 of 46 | |
1081 | + | ||
1082 | + | that may lessen health care provider diversity, consumer choice and 908 | |
1083 | + | access to care, and (B) any likely increases in the prices for health care 909 | |
1084 | + | services or total health care spending in the state may negatively impact 910 | |
1085 | + | the affordability of care. 911 | |
1086 | + | (5) The unit may place any conditions on the approval of a certificate 912 | |
1087 | + | of need application involving a transfer of ownership of a hospital 913 | |
1088 | + | consistent with the provisions of this chapter. Before placing any such 914 | |
1089 | + | conditions, the unit shall weigh the value of such conditions in 915 | |
1090 | + | promoting the purposes of this chapter against the individual and 916 | |
1091 | + | cumulative burden of such conditions on the transacting parties and the 917 | |
1092 | + | new hospital. For each condition imposed, the unit shall include a 918 | |
1093 | + | concise statement of the legal and factual basis for such condition and 919 | |
1094 | + | the provision or provisions of this chapter that it is intended to promote. 920 | |
1095 | + | Each condition shall be reasonably tailored in time and scope. The 921 | |
1096 | + | transacting parties or the new hospital shall have the right to make a 922 | |
1097 | + | request to the unit for an amendment to, or relief from, any condition 923 | |
1098 | + | based on changed circumstances, hardship or for other good cause. 924 | |
1099 | + | [(e)] (d) (1) If the certificate of need application (A) involves the 925 | |
1100 | + | transfer of ownership of a hospital, (B) the purchaser is a hospital, as 926 | |
1101 | + | defined in section 19a-490, whether located within or outside the state, 927 | |
1102 | + | that had net patient revenue for fiscal year 2013 in an amount greater 928 | |
1103 | + | than one billion five hundred million dollars or a hospital system, as 929 | |
1104 | + | defined in section 19a-486i, whether located within or outside the state, 930 | |
1105 | + | that had net patient revenue for fiscal year 2013 in an amount greater 931 | |
1106 | + | than one billion five hundred million dollars, or any person that is 932 | |
1107 | + | organized or operated for profit, and (C) such application is approved, 933 | |
1108 | + | the unit shall hire an independent consultant to serve as a post-transfer 934 | |
1109 | + | compliance reporter for a period of three years after completion of the 935 | |
1110 | + | transfer of ownership of the hospital. Such reporter shall, at a minimum: 936 | |
1111 | + | (i) Meet with representatives of the purchaser, the new hospital and 937 | |
1112 | + | members of the affected community served by the new hospital not less 938 | |
1113 | + | than quarterly; and (ii) report to the unit not less than quarterly 939 | |
1114 | + | concerning (I) efforts the purchaser and representatives of the new 940 | |
1115 | + | Committee Bill No. 7 | |
1116 | + | ||
1117 | + | ||
1118 | + | LCO No. 6182 32 of 46 | |
1119 | + | ||
1120 | + | hospital have taken to comply with any conditions the unit placed on 941 | |
1121 | + | the approval of the certificate of need application and plans for future 942 | |
1122 | + | compliance, and (II) community benefits and uncompensated care 943 | |
1123 | + | provided by the new hospital. The purchaser shall give the reporter 944 | |
1124 | + | access to its records and facilities for the purposes of carrying out the 945 | |
1125 | + | reporter's duties. The purchaser shall hold a public hearing in the 946 | |
1126 | + | municipality in which the new hospital is located not less than annually 947 | |
1127 | + | during the reporting period to provide for public review and comment 948 | |
1128 | + | on the reporter's reports and findings. 949 | |
1129 | + | (2) If the reporter finds that the purchaser has breached a condition 950 | |
1130 | + | of the approval of the certificate of need application, the unit may, in 951 | |
1131 | + | consultation with the purchaser, the reporter and any other interested 952 | |
1132 | + | parties it deems appropriate, implement a performance improvement 953 | |
1133 | + | plan designed to remedy the conditions identified by the reporter and 954 | |
1134 | + | continue the reporting period for up to one year following a 955 | |
1135 | + | determination by the unit that such conditions have been resolved. 956 | |
1136 | + | (3) The purchaser shall provide funds, in an amount determined by 957 | |
1137 | + | the unit not to exceed two hundred thousand dollars annually, for the 958 | |
1138 | + | hiring of the post-transfer compliance reporter. 959 | |
1139 | + | [(f)] (e) Nothing in subsection [(d)] (c) or [(e)] (d) of this section shall 960 | |
1140 | + | apply to a transfer of ownership of a hospital in which either a certificate 961 | |
1141 | + | of need application is filed on or before December 1, 2015, or where a 962 | |
1142 | + | certificate of need determination letter is filed on or before December 1, 963 | |
1143 | + | 2015. 964 | |
1144 | + | Sec. 16. Subsection (b) of section 19a-486b of the general statutes is 965 | |
1145 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 966 | |
1146 | + | 2025): 967 | |
1147 | + | (b) The commissioner and the Attorney General may place any 968 | |
1148 | + | conditions on the approval of an application that relate to the purposes 969 | |
1149 | + | of sections 19a-486a to 19a-486h, inclusive. In placing any such 970 | |
1150 | + | conditions the commissioner shall follow the guidelines and criteria 971 | |
1151 | + | Committee Bill No. 7 | |
1152 | + | ||
1153 | + | ||
1154 | + | LCO No. 6182 33 of 46 | |
1155 | + | ||
1156 | + | described in subdivision (4) of subsection [(d)] (c) of section 19a-639, as 972 | |
1157 | + | amended by this act. Any such conditions may be in addition to any 973 | |
1158 | + | conditions placed by the commissioner pursuant to subdivision (4) of 974 | |
1159 | + | subsection [(d)] (c) of section 19a-639, as amended by this act. 975 | |
1160 | + | Sec. 17. Subsection (d) of section 19a-639f of the general statutes is 976 | |
1161 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 977 | |
1162 | + | 2025): 978 | |
1163 | + | (d) The cost and market impact review conducted pursuant to this 979 | |
1164 | + | section shall examine factors relating to the businesses and relative 980 | |
1165 | + | market positions of the transacting parties as defined in subsection [(d)] 981 | |
1166 | + | (c) of section 19a-639, as amended by this act, and may include, but need 982 | |
1167 | + | not be limited to: (1) The transacting parties' size and market share 983 | |
1168 | + | within its primary service area, by major service category and within its 984 | |
1169 | + | dispersed service areas; (2) the transacting parties' prices for services, 985 | |
1170 | + | including the transacting parties' relative prices compared to other 986 | |
1171 | + | health care providers for the same services in the same market; (3) the 987 | |
1172 | + | transacting parties' health status adjusted total medical expense, 988 | |
1173 | + | including the transacting parties' health status adjusted total medical 989 | |
1174 | + | expense compared to that of similar health care providers; (4) the quality 990 | |
1175 | + | of the services provided by the transacting parties, including patient 991 | |
1176 | + | experience; (5) the transacting parties' cost and cost trends in 992 | |
1177 | + | comparison to total health care expenditures state wide; (6) the 993 | |
1178 | + | availability and accessibility of services similar to those provided by 994 | |
1179 | + | each transacting party, or proposed to be provided as a result of the 995 | |
1180 | + | transfer of ownership of a hospital within each transacting party's 996 | |
1181 | + | primary service areas and dispersed service areas; (7) the impact of the 997 | |
1182 | + | proposed transfer of ownership of the hospital on competing options for 998 | |
1183 | + | the delivery of health care services within each transacting party's 999 | |
1184 | + | primary service area and dispersed service area including the impact on 1000 | |
1185 | + | existing service providers; (8) the methods used by the transacting 1001 | |
1186 | + | parties to attract patient volume and to recruit or acquire health care 1002 | |
1187 | + | professionals or facilities; (9) the role of each transacting party in serving 1003 | |
1188 | + | at-risk, underserved and government payer patient populations, 1004 | |
1189 | + | Committee Bill No. 7 | |
1190 | + | ||
1191 | + | ||
1192 | + | LCO No. 6182 34 of 46 | |
1193 | + | ||
1194 | + | including those with behavioral, substance use disorder and mental 1005 | |
1195 | + | health conditions, within each transacting party's primary service area 1006 | |
1196 | + | and dispersed service area; (10) the role of each transacting party in 1007 | |
1197 | + | providing low margin or negative margin services within each 1008 | |
1198 | + | transacting party's primary service area and dispersed service area; (11) 1009 | |
1199 | + | consumer concerns, including, but not limited to, complaints or other 1010 | |
1200 | + | allegations that a transacting party has engaged in any unfair method of 1011 | |
1201 | + | competition or any unfair or deceptive act or practice; and (12) any other 1012 | |
1202 | + | factors that the unit determines to be in the public interest. 1013 | |
1203 | + | Sec. 18. Subsection (j) of section 19a-639f of the general statutes is 1014 | |
1204 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1015 | |
1205 | + | 2025): 1016 | |
1206 | + | (j) The unit shall retain an independent consultant with expertise on 1017 | |
1207 | + | the economic analysis of the health care market and health care costs 1018 | |
1208 | + | and prices to conduct each cost and market impact review, as described 1019 | |
1209 | + | in this section. The unit shall submit bills for such services to the 1020 | |
1210 | + | purchaser, as defined in subsection [(d)] (c) of section 19a-639, as 1021 | |
1211 | + | amended by this act. Such purchaser shall pay such bills not later than 1022 | |
1212 | + | thirty days after receipt. Such bills shall not exceed two hundred 1023 | |
1213 | + | thousand dollars per application. The provisions of chapter 57, sections 1024 | |
1214 | + | 4-212 to 4-219, inclusive, and section 4e-19 shall not apply to any 1025 | |
1215 | + | agreement executed pursuant to this subsection. 1026 | |
1216 | + | Sec. 19. (NEW) (Effective July 1, 2025) (a) As used in this section: 1027 | |
1217 | + | (1) "Collateral costs" means any out-of-pocket costs, other than the 1028 | |
1218 | + | cost of the procedure itself, necessary to receive reproductive health care 1029 | |
1219 | + | services in the state, including, but not limited to, costs for travel, 1030 | |
1220 | + | lodging and meals; 1031 | |
1221 | + | (2) "Gender-affirming health care services" has the same meaning as 1032 | |
1222 | + | provided in section 52-571n of the general statutes; 1033 | |
1223 | + | (3) "Health care provider" means any person licensed under the 1034 | |
1224 | + | Committee Bill No. 7 | |
1225 | + | ||
1226 | + | ||
1227 | + | LCO No. 6182 35 of 46 | |
1228 | + | ||
1229 | + | provisions of federal or state law to provide health care services; 1035 | |
1230 | + | (4) "Nonprofit organization" means an organization that is exempt 1036 | |
1231 | + | from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code 1037 | |
1232 | + | of 1986, or any subsequent corresponding internal revenue code of the 1038 | |
1233 | + | United States, as amended from time to time; 1039 | |
1234 | + | (5) "Patient-identifiable data" means any information that identifies, 1040 | |
1235 | + | or may reasonably be used as a basis to identify, an individual patient; 1041 | |
1236 | + | (6) "Qualified person" means a person who is a resident of a state that 1042 | |
1237 | + | has enacted laws that limit such person's access to reproductive health 1043 | |
1238 | + | care services or gender-affirming health care services; and 1044 | |
1239 | + | (7) "Reproductive health care services" means all medical, surgical, 1045 | |
1240 | + | counseling or referral services relating to the human reproductive 1046 | |
1241 | + | system, including, but not limited to, services relating to fertility, 1047 | |
1242 | + | pregnancy, contraception and abortion. 1048 | |
1243 | + | (b) There is established an account to be known as the "safe harbor 1049 | |
1244 | + | account", which shall be a separate, nonlapsing account of the State 1050 | |
1245 | + | Treasurer. The account shall contain any moneys required by law to be 1051 | |
1246 | + | deposited in the account and any funds received from any public or 1052 | |
1247 | + | private contributions, gifts, grants, donations, bequests or devises to the 1053 | |
1248 | + | account. Moneys in the account shall be expended by the board of 1054 | |
1249 | + | trustees, established pursuant to subsection (c) of this section, for the 1055 | |
1250 | + | purposes of providing grants to (1) health care providers who provide 1056 | |
1251 | + | reproductive health care services or gender-affirming health care 1057 | |
1252 | + | services, (2) nonprofit organizations whose mission includes providing 1058 | |
1253 | + | funding for reproductive health care services or the collateral costs 1059 | |
1254 | + | incurred by qualified persons to receive such services in the state, or (3) 1060 | |
1255 | + | nonprofit organizations that serve LGBTQ+ youth or families in the 1061 | |
1256 | + | state for the purpose of reimbursing or paying for collateral costs 1062 | |
1257 | + | incurred by qualified persons to receive reproductive health care 1063 | |
1258 | + | services or gender-affirming health care services. 1064 | |
1259 | + | Committee Bill No. 7 | |
1260 | + | ||
1261 | + | ||
1262 | + | LCO No. 6182 36 of 46 | |
1263 | + | ||
1264 | + | (c) The safe harbor account shall be administered by a board of 1065 | |
1265 | + | trustees consisting of the following members: 1066 | |
1266 | + | (1) The Treasurer, or the Treasurer's designee, who shall serve as 1067 | |
1267 | + | chairperson of the board of trustees; 1068 | |
1268 | + | (2) The Commissioner of Mental Health and Addiction Services, or 1069 | |
1269 | + | the commissioner's designee; 1070 | |
1270 | + | (3) The Commissioner of Social Services, or the commissioner's 1071 | |
1271 | + | designee; 1072 | |
1272 | + | (4) The Commissioner of Public Health, or the commissioner's 1073 | |
1273 | + | designee; and 1074 | |
1274 | + | (5) Five members appointed by the Treasurer, (A) one of whom shall 1075 | |
1275 | + | be a provider of reproductive health care services in the state, (B) one of 1076 | |
1276 | + | whom shall have experience working with members of the LGBTQ+ 1077 | |
1277 | + | community, and (C) one of whom shall have experience working with 1078 | |
1278 | + | providers of reproductive health care services. When making such 1079 | |
1279 | + | appointments, the Treasurer shall use the Treasurer's best efforts to 1080 | |
1280 | + | ensure that the board of trustees reflects the racial, gender and 1081 | |
1281 | + | geographic diversity of the state. 1082 | |
1282 | + | (d) Not later than September 1, 2025, the board of trustees shall adopt 1083 | |
1283 | + | policies and procedures concerning the awarding of grants pursuant to 1084 | |
1284 | + | the provisions of this section. Such policies and procedures shall 1085 | |
1285 | + | include, but need not be limited to, (1) grant application procedures, (2) 1086 | |
1286 | + | eligibility criteria for applicants, (3) eligibility criteria for collateral costs, 1087 | |
1287 | + | (4) consideration of need, including, but not limited to, financial need, 1088 | |
1288 | + | of the applicant, and (5) procedures to coordinate with any national 1089 | |
1289 | + | network created to perform similar functions to those of the safe harbor 1090 | |
1290 | + | account, including, but not limited to, procedures for the acceptance of 1091 | |
1291 | + | funding transferred to the safe harbor account for a particular use. Such 1092 | |
1292 | + | policies and procedures shall not require the collection or retention of 1093 | |
1293 | + | patient-identifiable data in order to receive a grant. Such policies and 1094 | |
1294 | + | Committee Bill No. 7 | |
1295 | + | ||
1296 | + | ||
1297 | + | LCO No. 6182 37 of 46 | |
1298 | + | ||
1299 | + | procedures may be updated as deemed necessary by the board of 1095 | |
1300 | + | trustees. In the event that the board of trustees determines that the 1096 | |
1301 | + | policies and procedures adopted pursuant to the provisions of this 1097 | |
1302 | + | subsection are inadequate with respect to (A) determining the eligibility 1098 | |
1303 | + | of a certain health care provider or nonprofit organization for a grant, 1099 | |
1304 | + | or (B) whether a certain health care service received by a qualified 1100 | |
1305 | + | person or collateral cost incurred by a qualified person is eligible to be 1101 | |
1306 | + | reimbursed or paid by a health care provider or nonprofit organization 1102 | |
1307 | + | using grant moneys received pursuant to this section, the board of 1103 | |
1308 | + | trustees may make a fact-based determination as to such eligibility. 1104 | |
1309 | + | Sec. 20. (NEW) (Effective from passage) It is hereby declared that opioid 1105 | |
1310 | + | use disorder constitutes a public health crisis in this state and will 1106 | |
1311 | + | continue to constitute a public health crisis until each goal reported by 1107 | |
1312 | + | the Connecticut Alcohol and Drug Policy Council pursuant to 1108 | |
1313 | + | subsection (f) of section 17a-667a of the general statutes, as amended by 1109 | |
1314 | + | this act, is attained. 1110 | |
1315 | + | Sec. 21. Section 17a-667a of the general statutes is amended by adding 1111 | |
1316 | + | subsection (f) as follows (Effective from passage): 1112 | |
1317 | + | (NEW) (f) The Connecticut Alcohol and Drug Policy Council shall 1113 | |
1318 | + | convene a working group to establish one or more goals for the state to 1114 | |
1319 | + | achieve in its efforts to combat the prevalence opioid use disorder in the 1115 | |
1320 | + | state. Not later than January 1, 2026, the council shall report, in 1116 | |
1321 | + | accordance with the provisions of section 11-4a, to the joint standing 1117 | |
1322 | + | committee of the General Assembly having cognizance of matters 1118 | |
1323 | + | relating to public health regarding each goal established by the working 1119 | |
1324 | + | group. 1120 | |
1325 | + | Sec. 22. (Effective from passage) (a) As used in this section: 1121 | |
1326 | + | (1) "Priority school district" has the same meaning as described in 1122 | |
1327 | + | section 10-266p of the general statutes; and 1123 | |
1328 | + | (2) "Geofence" means any technology that uses global positioning 1124 | |
1329 | + | Committee Bill No. 7 | |
1330 | + | ||
1331 | + | ||
1332 | + | LCO No. 6182 38 of 46 | |
1333 | + | ||
1334 | + | coordinates, cell tower connectivity, cellular data, radio frequency 1125 | |
1335 | + | identification, wireless fidelity technology data or any other form of 1126 | |
1336 | + | location detection, or any combination of such coordinates, connectivity, 1127 | |
1337 | + | data, identification or other form of location detection, to establish a 1128 | |
1338 | + | virtual boundary. 1129 | |
1339 | + | (b) Not later than January 1, 2026, the Department of Education, in 1130 | |
1340 | + | collaboration with the Department of Mental Health and Addiction 1131 | |
1341 | + | Services, shall establish a mental and behavioral health awareness and 1132 | |
1342 | + | treatment pilot program in priority school districts. The program shall 1133 | |
1343 | + | enable not less than one hundred thousand students in such districts to 1134 | |
1344 | + | utilize an electronic mental and behavioral health awareness and 1135 | |
1345 | + | treatment tool through an Internet web site, online service or mobile 1136 | |
1346 | + | application, which tool shall be selected by the Commissioners of 1137 | |
1347 | + | Education and Mental Health and Addiction Services and provide each 1138 | |
1348 | + | of the following: 1139 | |
1349 | + | (1) Mental and behavioral health education resources to promote 1140 | |
1350 | + | awareness and understanding of mental and behavioral health issues; 1141 | |
1351 | + | (2) Peer-to-peer support services, including, but not limited to, a 1142 | |
1352 | + | moderated online peer chat room, where comments submitted by 1143 | |
1353 | + | students for posting in the chat room are prescreened and filtered 1144 | |
1354 | + | through by a moderator prior to posting, to encourage social connection 1145 | |
1355 | + | and mutual support among students; and 1146 | |
1356 | + | (3) Private online sessions with mental or behavioral health care 1147 | |
1357 | + | providers licensed in the state who (A) have demonstrated experience 1148 | |
1358 | + | delivering mental or behavioral health care services to school districts 1149 | |
1359 | + | serving both rural and urban student populations, and (B) shall be 1150 | |
1360 | + | selected or approved by the Commissioner of Mental Health and 1151 | |
1361 | + | Addiction Services, provided such sessions comply with the provisions 1152 | |
1362 | + | of section 19a-906 of the general statutes concerning telehealth and the 1153 | |
1363 | + | provisions of section 19a-14c of the general statutes concerning the 1154 | |
1364 | + | provision of outpatient mental health treatment to minors. 1155 | |
1365 | + | Committee Bill No. 7 | |
1366 | + | ||
1367 | + | ||
1368 | + | LCO No. 6182 39 of 46 | |
1369 | + | ||
1370 | + | (c) (1) During its first year of operation, the pilot program shall have 1156 | |
1371 | + | the following objectives: (A) To build partnerships between priority 1157 | |
1372 | + | school districts and community organizations providing mental and 1158 | |
1373 | + | behavioral health care services; and (B) to launch a digital marketing 1159 | |
1374 | + | campaign using tools, including, but not limited to, a geofence, to raise 1160 | |
1375 | + | awareness and engagement among students concerning mental and 1161 | |
1376 | + | behavioral health issues affecting students. 1162 | |
1377 | + | (2) Not later than January 1, 2026, the Commissioners of Education 1163 | |
1378 | + | and Mental Health and Addiction Services shall jointly report, in 1164 | |
1379 | + | accordance with the provisions of section 11-4a of the general statutes, 1165 | |
1380 | + | regarding the program's success in achieving such objectives to the joint 1166 | |
1381 | + | standing committees of the General Assembly having cognizance of 1167 | |
1382 | + | matters relating to public health and education. 1168 | |
1383 | + | (d) (1) During its second year of operation, the pilot program shall 1169 | |
1384 | + | have the following objectives: (A) To refer students to mental and 1170 | |
1385 | + | behavioral health care providers, as needed; and (B) to enhance 1171 | |
1386 | + | students' engagement with mental and behavioral health tools, 1172 | |
1387 | + | including, but not limited to, coping strategies and clinician support. 1173 | |
1388 | + | (2) Not later than January 1, 2027, the Commissioners of Education 1174 | |
1389 | + | and Mental Health and Addiction Services shall jointly report, in 1175 | |
1390 | + | accordance with the provisions of section 11-4a of the general statutes, 1176 | |
1391 | + | regarding the program's success in achieving such objectives to the joint 1177 | |
1392 | + | standing committees of the General Assembly having cognizance of 1178 | |
1393 | + | matters relating to public health and education. 1179 | |
1394 | + | Sec. 23. (Effective from passage) The sum of three million six hundred 1180 | |
1395 | + | thousand dollars is appropriated to the Department of Education from 1181 | |
1396 | + | the General Fund, for the fiscal year ending June 30, 2026, for the 1182 | |
1397 | + | administration of the mental and behavioral health awareness and 1183 | |
1398 | + | treatment pilot program established pursuant to section 22 of this act. 1184 | |
1399 | + | Sec. 24. (NEW) (Effective from passage) There is established an account 1185 | |
1400 | + | to be known as the "public health urgent communication account", 1186 | |
1401 | + | Committee Bill No. 7 | |
1402 | + | ||
1403 | + | ||
1404 | + | LCO No. 6182 40 of 46 | |
1405 | + | ||
1406 | + | which shall be a separate, nonlapsing account. The account shall contain 1187 | |
1407 | + | any moneys required by law to be deposited in the account. Moneys in 1188 | |
1408 | + | the account shall be expended by the Department of Public Health for 1189 | |
1409 | + | the purposes of providing timely, effective communication to members 1190 | |
1410 | + | of the general public, health care providers and other relevant 1191 | |
1411 | + | stakeholders during a public health emergency, as described in section 1192 | |
1412 | + | 19a-131a of the general statutes. 1193 | |
1413 | + | Sec. 25. (Effective from passage) The sum of five million dollars is 1194 | |
1414 | + | appropriated to the Department of Public Health from the General 1195 | |
1415 | + | Fund, for the fiscal year ending June 30, 2026, for deposit into the "public 1196 | |
1416 | + | health urgent communication account" established pursuant to section 1197 | |
1417 | + | 24 of this act. 1198 | |
1418 | + | Sec. 26. (NEW) (Effective from passage) There is established an account 1199 | |
1419 | + | to be known as the "emergency public health financial safeguard 1200 | |
1420 | + | account", which shall be a separate, nonlapsing account. The account 1201 | |
1421 | + | shall contain any moneys required by law to be deposited in the account. 1202 | |
1422 | + | Moneys in the account shall be expended by the Department of Public 1203 | |
1423 | + | Health for the purposes of addressing unexpected shortfalls in public 1204 | |
1424 | + | health funding and ensuring the Department of Public Health's ability 1205 | |
1425 | + | to respond to the health care needs of state residents and provide a 1206 | |
1426 | + | continuity of essential public health services. 1207 | |
1427 | + | Sec. 27. (Effective from passage) The sum of thirty million dollars is 1208 | |
1428 | + | appropriated to the Department of Public Health from the General 1209 | |
1429 | + | Fund, for the fiscal year ending June 30, 2026, for deposit into the 1210 | |
1430 | + | "emergency public health financial safeguard account" established 1211 | |
1431 | + | pursuant to section 26 of this act. 1212 | |
1432 | + | Sec. 28. (NEW) (Effective October 1, 2025) (a) As used in this section 1213 | |
1433 | + | and sections 29 to 31, inclusive, of this act: 1214 | |
1434 | + | (1) "Commissioner" means the Commissioner of Public Health; 1215 | |
1435 | + | (2) "Department" means the Department of Public Health; 1216 | |
1436 | + | Committee Bill No. 7 | |
1437 | + | ||
1438 | + | ||
1439 | + | LCO No. 6182 41 of 46 | |
1440 | + | ||
1441 | + | (3) "Health care administrator" means a person employed by a 1217 | |
1442 | + | hospital who is a: 1218 | |
1443 | + | (A) Nonclinical hospital manager with direct supervisory authority 1219 | |
1444 | + | over clinical health care providers who is responsible for one or more of 1220 | |
1445 | + | the following activities: 1221 | |
1446 | + | (i) Hiring, scheduling, evaluating and providing direct supervision 1222 | |
1447 | + | of clinical health care providers; 1223 | |
1448 | + | (ii) Monitoring hospital activities for compliance with state or federal 1224 | |
1449 | + | regulatory requirements; or 1225 | |
1450 | + | (iii) Developing fiscal reports for clinical units of the hospital or the 1226 | |
1451 | + | hospital as a whole; or 1227 | |
1452 | + | (B) Nonclinical hospital director, officer or executive who has direct 1228 | |
1453 | + | or indirect supervisory authority over only nonclinical hospital 1229 | |
1454 | + | managers described in subparagraph (A) of this subdivision, for one or 1230 | |
1455 | + | more of the following activities: 1231 | |
1456 | + | (i) Hiring and supervising such nonclinical hospital managers; 1232 | |
1457 | + | (ii) Providing oversight of operations for the hospital or any of its 1233 | |
1458 | + | departments; 1234 | |
1459 | + | (iii) Developing policies and procedures establishing the standards of 1235 | |
1460 | + | patient care; 1236 | |
1461 | + | (iv) Providing oversight of budgetary and financial decisions related 1237 | |
1462 | + | to operations and the delivery of patient care for the hospital or any of 1238 | |
1463 | + | its departments; and 1239 | |
1464 | + | (v) Ensuring that hospital policies comply with state and federal 1240 | |
1465 | + | regulatory requirements; and 1241 | |
1466 | + | (4) "Hospital" means an institution licensed as a hospital pursuant to 1242 | |
1467 | + | chapter 368v of the general statutes. 1243 | |
1468 | + | Committee Bill No. 7 | |
1469 | + | ||
1470 | + | ||
1471 | + | LCO No. 6182 42 of 46 | |
1472 | + | ||
1473 | + | Sec. 29. (NEW) (Effective October 1, 2025) (a) No person shall practice 1244 | |
1474 | + | as a health care administrator unless such person is licensed pursuant 1245 | |
1475 | + | to section 30 of this act. 1246 | |
1476 | + | (b) No person may use the title "health care administrator" or make 1247 | |
1477 | + | use of any title, words, letters or abbreviations indicating or implying 1248 | |
1478 | + | that such person is licensed to practice as a health care administrator 1249 | |
1479 | + | pursuant to section 30 of this act. 1250 | |
1480 | + | Sec. 30. (NEW) (Effective October 1, 2025) (a) Except as provided in 1251 | |
1481 | + | subsection (b) of this section, the commissioner shall grant a license to 1252 | |
1482 | + | practice as a health care administrator to an applicant who presents 1253 | |
1483 | + | evidence satisfactory to the commissioner that such applicant has: (1) A 1254 | |
1484 | + | baccalaureate or graduate degree in health care administration, public 1255 | |
1485 | + | health or a related field from a regionally accredited institution of higher 1256 | |
1486 | + | education, or from an institution of higher education outside of the 1257 | |
1487 | + | United States that is legally chartered to grant postsecondary degrees in 1258 | |
1488 | + | the country in which such institution is located; (2) passed an 1259 | |
1489 | + | examination prescribed by the department designed to test the 1260 | |
1490 | + | applicant's knowledge of health care laws, patient safety protocols and 1261 | |
1491 | + | health-related ethical guidelines; and (3) submitted a completed 1262 | |
1492 | + | application in a form and manner prescribed by the department. The fee 1263 | |
1493 | + | for an initial license under this section shall be two hundred dollars. 1264 | |
1494 | + | (b) The department may grant licensure without examination, subject 1265 | |
1495 | + | to payment of fees with respect to the initial application, to any 1266 | |
1496 | + | applicant who is currently licensed or certified as a health care 1267 | |
1497 | + | administrator in another state, territory or commonwealth of the United 1268 | |
1498 | + | States, provided such state, territory or commonwealth maintains 1269 | |
1499 | + | licensure or certification standards that, in the opinion of the 1270 | |
1500 | + | department, are equivalent to or higher than the standards of this state. 1271 | |
1501 | + | No license shall be issued under this section to any applicant against 1272 | |
1502 | + | whom professional disciplinary action is pending or who is the subject 1273 | |
1503 | + | of an unresolved complaint. 1274 | |
1504 | + | (c) A license issued to a health care administrator under this section 1275 | |
1505 | + | Committee Bill No. 7 | |
1506 | + | ||
1507 | + | ||
1508 | + | LCO No. 6182 43 of 46 | |
1509 | + | ||
1510 | + | may be renewed annually in accordance with the provisions of section 1276 | |
1511 | + | 19a-88 of the general statutes, as amended by this act. The fee for such 1277 | |
1512 | + | renewal shall be one hundred five dollars. Each licensed health care 1278 | |
1513 | + | administrator applying for license renewal shall furnish evidence 1279 | |
1514 | + | satisfactory to the commissioner of having participated in continuing 1280 | |
1515 | + | education programs prescribed by the department. The commissioner 1281 | |
1516 | + | shall adopt regulations, in accordance with chapter 54 of the general 1282 | |
1517 | + | statutes, to (1) define basic requirements for continuing education 1283 | |
1518 | + | programs, (2) delineate qualifying programs, (3) establish a system of 1284 | |
1519 | + | control and reporting, and (4) provide for waiver of the continuing 1285 | |
1520 | + | education requirement for good cause. 1286 | |
1521 | + | Sec. 31. (NEW) (Effective October 1, 2025) (a) The department shall 1287 | |
1522 | + | have jurisdiction to hear all charges of unacceptable conduct brought 1288 | |
1523 | + | against a person licensed to practice as a health care administrator. The 1289 | |
1524 | + | commissioner shall provide written notice of such hearing to such 1290 | |
1525 | + | person not later than thirty days prior to such hearing. After holding 1291 | |
1526 | + | such hearing, the department may take any of the actions set forth in 1292 | |
1527 | + | section 19a-17 of the general statutes, if it finds that any grounds for 1293 | |
1528 | + | action by the department enumerated in subsection (b) of this section 1294 | |
1529 | + | exist. Any person aggrieved by the finding of the department may 1295 | |
1530 | + | appeal such finding in accordance with the provisions of section 4-183 1296 | |
1531 | + | of the general statutes, and such appeal shall have precedence over 1297 | |
1532 | + | nonprivileged cases in respect to order of trial. 1298 | |
1533 | + | (b) The department may take action under section 19a-17 for any of 1299 | |
1534 | + | the following reasons: (1) A fiscal or operational decision that results in 1300 | |
1535 | + | injury to a patient or creates an unreasonable risk that a patient may be 1301 | |
1536 | + | harmed; (2) a violation by a licensed health care provider of a state or 1302 | |
1537 | + | federal statute or administrative rule regulating a profession when the 1303 | |
1538 | + | health care administrator was responsible for the oversight of the 1304 | |
1539 | + | licensed health care provider; (3) aiding or abetting a licensed health 1305 | |
1540 | + | care provider to practice the provider's health care profession after a 1306 | |
1541 | + | patient complaint or adverse event has been reported to the hospital 1307 | |
1542 | + | employing the licensed health care administrator, the department or the 1308 | |
1543 | + | Committee Bill No. 7 | |
1544 | + | ||
1545 | + | ||
1546 | + | LCO No. 6182 44 of 46 | |
1547 | + | ||
1548 | + | appropriate disciplining authority, while the complaint or adverse 1309 | |
1549 | + | event is being investigated, and if harm, disability or death of a patient 1310 | |
1550 | + | occurred after the complaint or report of the adverse event; (4) failure to 1311 | |
1551 | + | adequately supervise licensed clinical staff and nonclinical staff to the 1312 | |
1552 | + | extent that a patient's health or safety is at risk; (5) any administrative, 1313 | |
1553 | + | operational or fiscal decision that impedes a clinical licensed health care 1314 | |
1554 | + | provider from adhering to standards of practice or leads to patient 1315 | |
1555 | + | harm, disability or death; or (6) a fiscal or operational decision resulting 1316 | |
1556 | + | in the inability of licensed clinical health care providers to practice with 1317 | |
1557 | + | reasonable skill and safety, regardless of the occurrence of patient harm, 1318 | |
1558 | + | disability or death. The commissioner may order a license holder to 1319 | |
1559 | + | submit to a reasonable physical or mental examination if such license 1320 | |
1560 | + | holder's physical or mental capacity to practice safely is being 1321 | |
1561 | + | investigated. The commissioner may petition the superior court for the 1322 | |
1562 | + | judicial district of Hartford to enforce such order or any action taken 1323 | |
1563 | + | pursuant to section 19a-17. 1324 | |
1564 | + | Sec. 32. Subdivision (1) of subsection (e) of section 19a-88 of the 1325 | |
1565 | + | general statutes is repealed and the following is substituted in lieu 1326 | |
1566 | + | thereof (Effective October 1, 2025): 1327 | |
1567 | + | (e) (1) Each person holding a license or certificate issued under 1328 | |
1568 | + | section 30 of this act, section 19a-514, 20-65k, 20-74s, 20-185k, 20-185l, 20-1329 | |
1569 | + | 195cc or 20-206ll and chapters 370 to 373, inclusive, 375, 378 to 381a, 1330 | |
1570 | + | inclusive, 383 to 383c, inclusive, 383g, 384, 384a, 384b, 385, 393a, 395, 399 1331 | |
1571 | + | or 400a and section 20-206n or 20-206o shall, annually, or, in the case of 1332 | |
1572 | + | a person holding a license as a marital and family therapist associate 1333 | |
1573 | + | under section 20-195c on or before twenty-four months after the date of 1334 | |
1574 | + | initial licensure, during the month of such person's birth, apply for 1335 | |
1575 | + | renewal of such license or certificate to the Department of Public Health, 1336 | |
1576 | + | giving such person's name in full, such person's residence and business 1337 | |
1577 | + | address and such other information as the department requests. 1338 | |
1578 | + | Sec. 33. (NEW) (Effective July 1, 2025) (a) As used in this section: 1339 | |
1579 | + | (1) "Advanced practice registered nurse" means an individual 1340 | |
1580 | + | Committee Bill No. 7 | |
1581 | + | ||
1582 | + | ||
1583 | + | LCO No. 6182 45 of 46 | |
1584 | + | ||
1585 | + | licensed as an advanced practice registered nurse pursuant to chapter 1341 | |
1586 | + | 378 of the general statutes; 1342 | |
1587 | + | (2) "Physician" means an individual licensed as a physician pursuant 1343 | |
1588 | + | to chapter 370 of the general statutes; 1344 | |
1589 | + | (3) "Physician assistant" means an individual licensed as a physician 1345 | |
1590 | + | assistant pursuant to chapter 370 of the general statutes; and 1346 | |
1591 | + | (4) "Sudden unexpected death in epilepsy" means the death of a 1347 | |
1592 | + | person with epilepsy that is not caused by injury, drowning or other 1348 | |
1593 | + | known causes unrelated to epilepsy. 1349 | |
1594 | + | (b) On and after October 1, 2025, each physician, advanced practice 1350 | |
1595 | + | registered nurse and physician assistant who regularly treats patients 1351 | |
1596 | + | with epilepsy shall provide each such patient with information 1352 | |
1597 | + | concerning the risk of sudden unexpected death in epilepsy and 1353 | |
1598 | + | methods to mitigate such risk. 1354 | |
877 | 1599 | This act shall take effect as follows and shall amend the following | |
878 | 1600 | sections: | |
879 | 1601 | ||
880 | - | Section 1 from passage 19a-38 Substitute Bill No. 7 | |
881 | - | ||
882 | - | ||
883 | - | LCO 26 of 26 | |
884 | - | ||
1602 | + | Section 1 October 1, 2025 19a-38 | |
885 | 1603 | Sec. 2 from passage New section | |
886 | - | Sec. 3 July 1, 2025 | |
1604 | + | Sec. 3 July 1, 2025 19a-508c | |
887 | 1605 | Sec. 4 July 1, 2025 New section | |
888 | 1606 | Sec. 5 July 1, 2025 New section | |
889 | 1607 | Sec. 6 July 1, 2025 New section | |
890 | 1608 | Sec. 7 July 1, 2025 New section | |
891 | 1609 | Sec. 8 July 1, 2025 New section | |
892 | 1610 | Sec. 9 July 1, 2025 New section | |
893 | 1611 | Sec. 10 July 1, 2025 New section | |
894 | 1612 | Sec. 11 July 1, 2025 New section | |
895 | 1613 | Sec. 12 July 1, 2025 New section | |
896 | 1614 | Sec. 13 July 1, 2025 New section | |
897 | 1615 | Sec. 14 from passage New section | |
898 | - | Sec. 15 from passage 17a-667a(f) | |
899 | - | Sec. 16 from passage New section | |
900 | - | Sec. 17 from passage New section | |
901 | - | Sec. 18 from passage New section | |
902 | - | Sec. 19 from passage New section | |
1616 | + | Sec. 15 July 1, 2025 19a-639 | |
1617 | + | Sec. 16 July 1, 2025 19a-486b(b) | |
1618 | + | Sec. 17 July 1, 2025 19a-639f(d) | |
1619 | + | Committee Bill No. 7 | |
1620 | + | ||
1621 | + | ||
1622 | + | LCO No. 6182 46 of 46 | |
1623 | + | ||
1624 | + | Sec. 18 July 1, 2025 19a-639f(j) | |
1625 | + | Sec. 19 July 1, 2025 New section | |
903 | 1626 | Sec. 20 from passage New section | |
904 | - | Sec. 21 from passage New section | |
905 | - | Sec. 22 October 1, 2025 New section | |
906 | - | Sec. 23 October 1, 2025 New section | |
907 | - | Sec. 24 October 1, 2025 New section | |
908 | - | Sec. 25 October 1, 2025 New section | |
909 | - | Sec. 26 October 1, 2025 19a-88(e)(1) | |
910 | - | Sec. 27 July 1, 2025 New section | |
1627 | + | Sec. 21 from passage 17a-667a(f) | |
1628 | + | Sec. 22 from passage New section | |
1629 | + | Sec. 23 from passage New section | |
1630 | + | Sec. 24 from passage New section | |
1631 | + | Sec. 25 from passage New section | |
1632 | + | Sec. 26 from passage New section | |
1633 | + | Sec. 27 from passage New section | |
1634 | + | Sec. 28 October 1, 2025 New section | |
1635 | + | Sec. 29 October 1, 2025 New section | |
1636 | + | Sec. 30 October 1, 2025 New section | |
1637 | + | Sec. 31 October 1, 2025 New section | |
1638 | + | Sec. 32 October 1, 2025 19a-88(e)(1) | |
1639 | + | Sec. 33 July 1, 2025 New section | |
911 | 1640 | ||
912 | - | Statement of Legislative Commissioners: | |
913 | - | In Sec. 13(a)(1), "or gender-affirming health care services" was inserted | |
914 | - | after "reproductive health care services" for consistency with the | |
915 | - | provisions of subsection (b) of said section. | |
1641 | + | Statement of Purpose: | |
1642 | + | To protect continued access to health care and the equitable delivery of | |
1643 | + | health care services in the state. | |
916 | 1644 | ||
917 | - | PH Joint Favorable Subst. | |
1645 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except | |
1646 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not | |
1647 | + | underlined.] | |
1648 | + | ||
1649 | + | Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist. | |
1650 | + | SEN. ANWAR, 3rd Dist.; SEN. CABRERA, 17th Dist. | |
1651 | + | SEN. COHEN, 12th Dist.; SEN. FLEXER, 29th Dist. | |
1652 | + | SEN. GADKAR-WILCOX, 22nd Dist.; SEN. GASTON, 23rd Dist. | |
1653 | + | SEN. HOCHADEL, 13th Dist.; SEN. HONIG, 8th Dist. | |
1654 | + | SEN. KUSHNER, 24th Dist.; SEN. LESSER, 9th Dist. | |
1655 | + | SEN. LOPES, 6th Dist.; SEN. MAHER, 26th Dist. | |
1656 | + | SEN. MARONEY, 14th Dist.; SEN. MARX, 20th Dist. | |
1657 | + | SEN. MCCRORY, 2nd Dist.; SEN. MILLER P., 27th Dist. | |
1658 | + | SEN. NEEDLEMAN, 33rd Dist.; SEN. RAHMAN, 4th Dist. | |
1659 | + | SEN. SLAP, 5th Dist.; SEN. WINFIELD, 10th Dist. | |
1660 | + | ||
1661 | + | ||
1662 | + | ||
918 | 1663 |