15 | 16 | | |
---|
16 | 17 | | |
---|
17 | 18 | | |
---|
18 | 19 | | AN ACT ESTABLISHING LICENSURE FOR LONG -TERM ACUTE |
---|
19 | 20 | | CARE HOSPITALS AND REQUIRING THE DEPARTMENT OF PUBLIC |
---|
20 | 21 | | HEALTH TO STUDY THE DESIGNATION OF LONG -TERM CARE |
---|
21 | 22 | | FACILITIES AND CHRONIC DISEASE HOSPITALS. |
---|
22 | 23 | | Be it enacted by the Senate and House of Representatives in General |
---|
23 | 24 | | Assembly convened: |
---|
24 | 25 | | |
---|
25 | 26 | | Section 1. Section 19a-490 of the general statutes is repealed and the 1 |
---|
26 | 27 | | following is substituted in lieu thereof (Effective October 1, 2025): 2 |
---|
27 | 28 | | As used in this chapter, unless the context otherwise requires: 3 |
---|
28 | 29 | | (a) "Institution" means a hospital, short-term hospital special hospice, 4 |
---|
29 | 30 | | hospice inpatient facility, residential care home, nursing home facility, 5 |
---|
30 | 31 | | home health care agency, home health aide agency, behavioral health 6 |
---|
31 | 32 | | facility, assisted living services agency, substance abuse treatment 7 |
---|
32 | 33 | | facility, outpatient surgical facility, outpatient clinic, clinical laboratory, 8 |
---|
33 | 34 | | blood collection facility, source plasma donation center, birth center, 9 |
---|
34 | 35 | | long-term acute care hospital, an infirmary operated by an educational 10 |
---|
35 | 36 | | institution for the care of students enrolled in, and faculty and 11 |
---|
36 | 37 | | employees of, such institution; a facility engaged in providing services 12 |
---|
41 | 44 | | |
---|
42 | 45 | | conditions, including facilities operated and maintained by any state 14 |
---|
43 | 46 | | agency; and a residential facility for persons with intellectual disability 15 |
---|
44 | 47 | | licensed pursuant to section 17a-227 and certified to participate in the 16 |
---|
45 | 48 | | Title XIX Medicaid program as an intermediate care facility for 17 |
---|
46 | 49 | | individuals with intellectual disability. "Institution" does not include 18 |
---|
47 | 50 | | any facility for the care and treatment of persons with mental illness or 19 |
---|
48 | 51 | | substance use disorder operated or maintained by any state agency, 20 |
---|
49 | 52 | | except Whiting Forensic Hospital and the hospital and psychiatric 21 |
---|
50 | 53 | | residential treatment facility units of the Albert J. Solnit Children's 22 |
---|
51 | 54 | | Center; 23 |
---|
52 | 55 | | (b) "Hospital" means an establishment for the lodging, care and 24 |
---|
53 | 56 | | treatment of persons suffering from disease or other abnormal physical 25 |
---|
54 | 57 | | or mental conditions and includes inpatient psychiatric services in 26 |
---|
55 | 58 | | general hospitals; 27 |
---|
56 | 59 | | (c) "Residential care home" or "rest home" means a community 28 |
---|
57 | 60 | | residence that furnishes, in single or multiple facilities, food and shelter 29 |
---|
58 | 61 | | to two or more persons unrelated to the proprietor and, in addition, 30 |
---|
59 | 62 | | provides services that meet a need beyond the basic provisions of food, 31 |
---|
60 | 63 | | shelter and laundry and may qualify as a setting that allows residents to 32 |
---|
61 | 64 | | receive home and community-based services funded by state and 33 |
---|
62 | 65 | | federal programs; 34 |
---|
63 | 66 | | (d) "Home health care agency" means a public or private 35 |
---|
64 | 67 | | organization, or a subdivision thereof, engaged in providing 36 |
---|
65 | 68 | | professional nursing services and the following services, available 37 |
---|
66 | 69 | | twenty-four hours per day, in the patient's home or a substantially 38 |
---|
67 | 70 | | equivalent environment: Home health aide services as defined in this 39 |
---|
68 | 71 | | section, physical therapy, speech therapy, occupational therapy or 40 |
---|
69 | 72 | | medical social services. The agency shall provide professional nursing 41 |
---|
70 | 73 | | services and at least one additional service directly and all others 42 |
---|
71 | 74 | | directly or through contract. An agency shall be available to enroll new 43 |
---|
72 | 75 | | patients seven days a week, twenty-four hours per day; 44 |
---|
78 | 83 | | organization, except a home health care agency, which provides in the 46 |
---|
79 | 84 | | patient's home or a substantially equivalent environment supportive 47 |
---|
80 | 85 | | services which may include, but are not limited to, assistance with 48 |
---|
81 | 86 | | personal hygiene, dressing, feeding and incidental household tasks 49 |
---|
82 | 87 | | essential to achieving adequate household and family management. 50 |
---|
83 | 88 | | Such supportive services shall be provided under the supervision of a 51 |
---|
84 | 89 | | registered nurse and, if such nurse determines appropriate, shall be 52 |
---|
85 | 90 | | provided by a social worker, physical therapist, speech therapist or 53 |
---|
86 | 91 | | occupational therapist. Such supervision may be provided directly or 54 |
---|
87 | 92 | | through contract; 55 |
---|
88 | 93 | | (f) "Home health aide services" as defined in this section shall not 56 |
---|
89 | 94 | | include services provided to assist individuals with activities of daily 57 |
---|
90 | 95 | | living when such individuals have a disease or condition that is chronic 58 |
---|
91 | 96 | | and stable as determined by a physician licensed in the state; 59 |
---|
92 | 97 | | (g) "Behavioral health facility" means any facility that provides 60 |
---|
93 | 98 | | mental health services to persons eighteen years of age or older or 61 |
---|
94 | 99 | | substance use disorder services to persons of any age in an outpatient 62 |
---|
95 | 100 | | treatment or residential setting to ameliorate mental, emotional, 63 |
---|
96 | 101 | | behavioral or substance use disorder issues; 64 |
---|
97 | 102 | | (h) "Clinical laboratory" means any facility or other area used for 65 |
---|
98 | 103 | | microbiological, serological, chemical, hematological, 66 |
---|
99 | 104 | | immunohematological, biophysical, cytological, pathological or other 67 |
---|
100 | 105 | | examinations of human body fluids, secretions, excretions or excised or 68 |
---|
101 | 106 | | exfoliated tissues for the purpose of providing information for the (1) 69 |
---|
102 | 107 | | diagnosis, prevention or treatment of any human disease or 70 |
---|
103 | 108 | | impairment, (2) assessment of human health, or (3) assessment of the 71 |
---|
104 | 109 | | presence of drugs, poisons or other toxicological substances; 72 |
---|
105 | 110 | | (i) "Person" means any individual, firm, partnership, corporation, 73 |
---|
106 | 111 | | limited liability company or association; 74 |
---|
107 | 112 | | (j) "Commissioner" means the Commissioner of Public Health or the 75 |
---|
113 | 120 | | (k) "Home health agency" means an agency licensed as a home health 77 |
---|
114 | 121 | | care agency or a home health aide agency; 78 |
---|
115 | 122 | | (l) "Assisted living services agency" means an agency that provides 79 |
---|
116 | 123 | | chronic and stable individuals with services that include, but need not 80 |
---|
117 | 124 | | be limited to, nursing services and assistance with activities of daily 81 |
---|
118 | 125 | | living and may have a dementia special care unit or program as defined 82 |
---|
119 | 126 | | in section 19a-562; 83 |
---|
120 | 127 | | (m) "Outpatient clinic" means an organization operated by a 84 |
---|
121 | 128 | | municipality or a corporation, other than a hospital, that provides (1) 85 |
---|
122 | 129 | | ambulatory medical care, including preventive and health promotion 86 |
---|
123 | 130 | | services, (2) dental care, or (3) mental health services in conjunction with 87 |
---|
124 | 131 | | medical or dental care for the purpose of diagnosing or treating a health 88 |
---|
125 | 132 | | condition that does not require the patient's overnight care; 89 |
---|
126 | 133 | | (n) "Multicare institution" means a hospital that provides outpatient 90 |
---|
127 | 134 | | behavioral health services or other health care services, psychiatric 91 |
---|
128 | 135 | | outpatient clinic for adults, free-standing facility for the care or 92 |
---|
129 | 136 | | treatment of substance abusive or dependent persons, hospital for 93 |
---|
130 | 137 | | psychiatric disabilities, as defined in section 17a-495, or a general acute 94 |
---|
131 | 138 | | care hospital that provides outpatient behavioral health services that (1) 95 |
---|
132 | 139 | | is licensed in accordance with this chapter, (2) has more than one facility 96 |
---|
133 | 140 | | or one or more satellite units owned and operated by a single licensee, 97 |
---|
134 | 141 | | and (3) offers complex patient health care services at each facility or 98 |
---|
135 | 142 | | satellite unit. For purposes of this subsection, "satellite unit" means a 99 |
---|
136 | 143 | | location where a segregated unit of services is provided by the multicare 100 |
---|
137 | 144 | | institution; 101 |
---|
138 | 145 | | (o) "Nursing home" or "nursing home facility" means (1) any chronic 102 |
---|
139 | 146 | | and convalescent nursing home or any rest home with nursing 103 |
---|
140 | 147 | | supervision that provides nursing supervision under a medical director 104 |
---|
141 | 148 | | twenty-four hours per day, or (2) any chronic and convalescent nursing 105 |
---|
142 | 149 | | home that provides skilled nursing care under medical supervision and 106 |
---|
149 | 158 | | (p) "Outpatient dialysis unit" means (1) an out-of-hospital out-patient 109 |
---|
150 | 159 | | dialysis unit that is licensed by the department to provide (A) services 110 |
---|
151 | 160 | | on an out-patient basis to persons requiring dialysis on a short-term 111 |
---|
152 | 161 | | basis or for a chronic condition, or (B) training for home dialysis, or (2) 112 |
---|
153 | 162 | | an in-hospital dialysis unit that is a special unit of a licensed hospital 113 |
---|
154 | 163 | | designed, equipped and staffed to (A) offer dialysis therapy on an out-114 |
---|
155 | 164 | | patient basis, (B) provide training for home dialysis, and (C) perform 115 |
---|
156 | 165 | | renal transplantations; 116 |
---|
157 | 166 | | (q) "Hospice agency" means a public or private organization that 117 |
---|
158 | 167 | | provides home care and hospice services to terminally ill patients; 118 |
---|
159 | 168 | | (r) "Psychiatric residential treatment facility" means a nonhospital 119 |
---|
160 | 169 | | facility with a provider agreement with the Department of Social 120 |
---|
161 | 170 | | Services to provide inpatient services to Medicaid-eligible individuals 121 |
---|
162 | 171 | | under the age of twenty-one; 122 |
---|
163 | 172 | | (s) "Chronic disease hospital" means a long-term hospital having 123 |
---|
164 | 173 | | facilities, medical staff and all necessary personnel for the diagnosis, 124 |
---|
165 | 174 | | care and treatment of chronic diseases; 125 |
---|
166 | 175 | | (t) "Blood collection facility" means a facility that performs blood 126 |
---|
167 | 176 | | component collection activities where blood is removed from a human 127 |
---|
168 | 177 | | being for the purpose of administering such blood or any of its 128 |
---|
169 | 178 | | components to any human being. "Blood collection facility" does not 129 |
---|
170 | 179 | | include a facility that performs blood component collection activities to 130 |
---|
171 | 180 | | collect source plasma or perform testing that would require licensure as 131 |
---|
172 | 181 | | a clinical laboratory. For the purposes of this subsection, "source 132 |
---|
173 | 182 | | plasma" means the liquid portion of human blood collected by 133 |
---|
174 | 183 | | plasmapheresis and intended as source material for further 134 |
---|
175 | 184 | | manufacturing use and does not include single donor plasma products 135 |
---|
176 | 185 | | intended for intravenous use, and "plasmapheresis" means a procedure 136 |
---|
177 | 186 | | in which blood is removed from a blood donor, the plasma is separated 137 |
---|
185 | 196 | | plasma is collected by plasmapheresis. For the purposes of this 141 |
---|
186 | 197 | | subsection, "source plasma" means the liquid portion of human blood 142 |
---|
187 | 198 | | collected by plasmapheresis and intended as source material for further 143 |
---|
188 | 199 | | manufacturing use and does not include single donor plasma products 144 |
---|
189 | 200 | | intended for intravenous use, and "plasmapheresis" means a procedure 145 |
---|
190 | 201 | | in which blood is removed from a blood donor, the plasma is separated 146 |
---|
191 | 202 | | from the formed elements and at least the red blood cells are returned 147 |
---|
192 | 203 | | to the blood donor at the time of the donation; [and] 148 |
---|
193 | 204 | | (v) "Birth center" means a freestanding facility that is licensed by the 149 |
---|
194 | 205 | | department (1) to provide perinatal, labor, delivery and postpartum 150 |
---|
195 | 206 | | care during and immediately after delivery to persons presenting with 151 |
---|
196 | 207 | | a low-risk pregnancy and healthy newborns for a period typically less 152 |
---|
197 | 208 | | than twenty-four hours, and (2) that is not a hospital licensed pursuant 153 |
---|
198 | 209 | | to the provisions of this chapter, or attached to or located in such a 154 |
---|
199 | 210 | | hospital. For the purposes of this subsection, "low-risk pregnancy" 155 |
---|
200 | 211 | | means an uncomplicated, singleton pregnancy that has vertex 156 |
---|
201 | 212 | | presentation and is at low risk for developing complications during 157 |
---|
202 | 213 | | labor and birth, as determined by an evaluation and examination 158 |
---|
203 | 214 | | conducted by a licensed health care provider acting within the scope of 159 |
---|
204 | 215 | | such provider's practice; and 160 |
---|
205 | 216 | | (w) "Long-term acute care hospital" means a hospital that is a long-161 |
---|
206 | 217 | | term care hospital, as defined in 42 USC 1395x, as amended from time 162 |
---|
207 | 218 | | to time. 163 |
---|
208 | 219 | | Sec. 2. (Effective from passage) The Commissioner of Public Health shall 164 |
---|
209 | 220 | | conduct a study of the regulatory framework of long-term acute care 165 |
---|