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3 | 3 | | LCO No. 5741 1 of 6 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 1452 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 5741 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on PUBLIC HEALTH |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (PH) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING HOSPITAL -AFFILIATED PHYSICIANS. |
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20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 21 | | Assembly convened: |
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22 | 22 | | |
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23 | 23 | | Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1 |
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24 | 24 | | (1) "Attending physician" means a physician licensed pursuant to 2 |
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25 | 25 | | chapter 370 of the general statutes who is selected by, or assigned to, the 3 |
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26 | 26 | | patient and who has primary responsibility for the treatment and care 4 |
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27 | 27 | | of the patient; 5 |
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28 | 28 | | (2) "Hospital" means any short-term acute care general or children's 6 |
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29 | 29 | | hospital licensed by the Department of Public Health, including the John 7 |
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30 | 30 | | Dempsey Hospital of The University of Connecticut Health Center; and 8 |
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31 | 31 | | (3) "Relative value unit" means the value assigned by the Centers for 9 |
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32 | 32 | | Medicare and Medicaid Services to certain current procedural 10 |
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33 | 33 | | terminology (CPT) codes and Health Care Procedure Coding System 11 |
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34 | 34 | | (HCPCS) codes to represent the cost of providing a service and 12 |
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35 | 35 | | comprised of physician work relative value unit, practice expense 13 |
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36 | 36 | | relative value unit and malpractice relative value unit multiplied by 14 |
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37 | 37 | | conversion factor and geographic practice cost indices adjustments. 15 |
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38 | 38 | | Raised Bill No. 1452 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 5741 2 of 6 |
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43 | 43 | | |
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44 | 44 | | (b) No hospital shall assign an attending physician more than 16 |
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45 | 45 | | eighteen patients during a twelve-hour shift unless the hospital 17 |
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46 | 46 | | compensates such attending physician at (1) a rate equal to (A) one and 18 |
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47 | 47 | | one-half times such attending physician's hourly rate, or (B) one and 19 |
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48 | 48 | | one-half times an hourly rate based on such attending physician's 20 |
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49 | 49 | | annual salary, as applicable, or (2) an amount equal to the payments 21 |
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50 | 50 | | such hospital would receive under a relative value unit payment 22 |
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51 | 51 | | methodology for the attending physician's treatment of patients during 23 |
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52 | 52 | | such shift, whichever is greater. 24 |
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53 | 53 | | Sec. 2. (NEW) (Effective October 1, 2025) (a) As used in this section: 25 |
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54 | 54 | | (1) "Group practice" means seven or more full-time equivalent 26 |
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55 | 55 | | physicians, legally organized in a partnership, professional corporation, 27 |
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56 | 56 | | limited liability company formed to render professional services, 28 |
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57 | 57 | | medical foundation, not-for-profit corporation, faculty practice plan or 29 |
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58 | 58 | | other similar entity (A) in which each physician who is a member of the 30 |
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59 | 59 | | group provides substantially the full range of services that the physician 31 |
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60 | 60 | | routinely provides, including, but not limited to, medical care, 32 |
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61 | 61 | | consultation, diagnosis or treatment, through the joint use of shared 33 |
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62 | 62 | | office space, facilities, equipment or personnel; (B) for which 34 |
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63 | 63 | | substantially all of the services of the physicians who are members of 35 |
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64 | 64 | | the group are provided through the group and are billed in the name of 36 |
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65 | 65 | | the group practice and amounts so received are treated as receipts of the 37 |
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66 | 66 | | group; or (C) in which the overhead expenses of, and the income from, 38 |
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67 | 67 | | the group are distributed in accordance with methods previously 39 |
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68 | 68 | | determined by members of the group. An entity that otherwise meets 40 |
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69 | 69 | | the definition of group practice under this section shall be considered a 41 |
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70 | 70 | | group practice although the shareholders, partners or owners of the 42 |
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71 | 71 | | group practice include single-physician professional corporations, 43 |
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72 | 72 | | limited liability companies formed to render professional services or 44 |
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73 | 73 | | other entities in which beneficial owners are individual physicians; 45 |
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74 | 74 | | (2) "Health system" means: (A) A parent corporation of one or more 46 |
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75 | 75 | | hospitals and any entity affiliated with such parent corporation through 47 |
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76 | 76 | | Raised Bill No. 1452 |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LCO No. 5741 3 of 6 |
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81 | 81 | | |
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82 | 82 | | ownership, governance, membership or other means, or (B) a hospital 48 |
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83 | 83 | | and any entity affiliated with such hospital through ownership, 49 |
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84 | 84 | | governance, membership or other means; 50 |
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85 | 85 | | (3) "Hospital" has the same meaning as provided in section 19a-490 51 |
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86 | 86 | | of the general statutes; and 52 |
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87 | 87 | | (4) "Staffing change" means an increase, reduction or reassignment of 53 |
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88 | 88 | | a large group's workforce that is not a significant staffing change, as 54 |
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89 | 89 | | defined in section 3 of this act. 55 |
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90 | 90 | | (b) No health system shall make any staffing change to a group 56 |
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91 | 91 | | practice without (1) consulting with and giving due consideration to the 57 |
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92 | 92 | | physician members of such group practice, or (2) submitting such 58 |
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93 | 93 | | staffing change for review to the Commissioner of Health Strategy, 59 |
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94 | 94 | | pursuant to section 3 of this act, if applicable. If a health system makes 60 |
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95 | 95 | | any such staffing change without consulting with and giving due 61 |
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96 | 96 | | consideration to such physician members or receiving approval for such 62 |
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97 | 97 | | staffing change from the Commissioner of Health Strategy pursuant to 63 |
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98 | 98 | | section 3 of this act, the Commissioner of Public Health shall appoint an 64 |
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99 | 99 | | independent monitor to oversee such group practice for a period of one 65 |
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100 | 100 | | year starting on the date of such appointment. A monitor appointed 66 |
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101 | 101 | | pursuant to the provisions of this section shall: (A) Evaluate the quality 67 |
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102 | 102 | | of patient care at such group practice after the staffing change is 68 |
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103 | 103 | | implemented and ensure that the quality of patient care is maintained; 69 |
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104 | 104 | | (B) assess and address any challenges faced by patients due to the 70 |
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105 | 105 | | staffing change; (C) monitor whether the staffing change has resulted in 71 |
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106 | 106 | | any decrease in services provided by the group practice; and (D) assess 72 |
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107 | 107 | | and address any difficulties or adverse impacts experienced by 73 |
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108 | 108 | | displaced physicians or group practices, including, but not limited to, 74 |
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109 | 109 | | difficulties relating to the professional, financial or personal well-being 75 |
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110 | 110 | | of such physicians or group practices. 76 |
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111 | 111 | | (c) If the commissioner appoints a monitor pursuant to the provisions 77 |
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112 | 112 | | of this section, the health system that made the staffing change to the 78 |
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113 | 113 | | Raised Bill No. 1452 |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LCO No. 5741 4 of 6 |
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118 | 118 | | |
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119 | 119 | | group practice without consulting with and giving due consideration to 79 |
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120 | 120 | | the physician members of such group practice shall compensate such 80 |
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121 | 121 | | monitor at a rate determined by the commissioner. 81 |
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122 | 122 | | (d) No health system shall require a physician practicing in a group 82 |
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123 | 123 | | practice to join another group practice without such physician's consent. 83 |
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124 | 124 | | (e) The commissioner may adopt regulations, in accordance with the 84 |
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125 | 125 | | provisions of chapter 54 of the general statutes, to implement the 85 |
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126 | 126 | | provisions of this section. 86 |
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127 | 127 | | Sec. 3. (NEW) (Effective October 1, 2025) (a) As used in this section: 87 |
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128 | 128 | | (1) "Group practice" means seven or more full-time equivalent 88 |
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129 | 129 | | physicians, legally organized in a partnership, professional corporation, 89 |
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130 | 130 | | limited liability company formed to render professional services, 90 |
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131 | 131 | | medical foundation, not-for-profit corporation, faculty practice plan or 91 |
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132 | 132 | | other similar entity (A) in which each physician who is a member of the 92 |
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133 | 133 | | group provides substantially the full range of services that the physician 93 |
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134 | 134 | | routinely provides, including, but not limited to, medical care, 94 |
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135 | 135 | | consultation, diagnosis or treatment, through the joint use of shared 95 |
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136 | 136 | | office space, facilities, equipment or personnel; (B) for which 96 |
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137 | 137 | | substantially all of the services of the physicians who are members of 97 |
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138 | 138 | | the group are provided through the group and are billed in the name of 98 |
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139 | 139 | | the group practice and amounts so received are treated as receipts of the 99 |
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140 | 140 | | group; or (C) in which the overhead expenses of, and the income from, 100 |
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141 | 141 | | the group are distributed in accordance with methods previously 101 |
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142 | 142 | | determined by members of the group. An entity that otherwise meets 102 |
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143 | 143 | | the definition of group practice under this section shall be considered a 103 |
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144 | 144 | | group practice although the shareholders, partners or owners of the 104 |
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145 | 145 | | group practice include single-physician professional corporations, 105 |
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146 | 146 | | limited liability companies formed to render professional services or 106 |
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147 | 147 | | other entities in which beneficial owners are individual physicians; 107 |
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148 | 148 | | (2) "Health system" means: (A) A parent corporation of one or more 108 |
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149 | 149 | | hospitals and any entity affiliated with such parent corporation through 109 |
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150 | 150 | | Raised Bill No. 1452 |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LCO No. 5741 5 of 6 |
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155 | 155 | | |
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156 | 156 | | ownership, governance, membership or other means, or (B) a hospital 110 |
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157 | 157 | | and any entity affiliated with such hospital through ownership, 111 |
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158 | 158 | | governance, membership or other means; 112 |
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159 | 159 | | (3) "Hospital" has the same meaning as provided in section 19a-490 113 |
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160 | 160 | | of the general statutes; and 114 |
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161 | 161 | | (4) "Significant staffing change" means an increase, reduction or 115 |
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162 | 162 | | reassignment of fifty per cent or more of a large group's workforce. 116 |
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163 | 163 | | (b) Not less than one hundred eighty days before implementing a 117 |
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164 | 164 | | significant staffing change, a health system shall provide notice to the 118 |
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165 | 165 | | (1) large group practice affected by such change by first class mail or 119 |
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166 | 166 | | electronic mail, and (2) Commissioner of Health Strategy. 120 |
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167 | 167 | | (c) On or before the date a health system provides notice to the 121 |
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168 | 168 | | commissioner regarding a significant staffing change pursuant to 122 |
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169 | 169 | | subsection (b) of this section, such health system shall submit, in a form 123 |
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170 | 170 | | and manner prescribed by the commissioner, an application review and 124 |
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171 | 171 | | approval or disapproval of such staffing change. When evaluating such 125 |
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172 | 172 | | application, the commissioner shall consider: (1) The extent to which the 126 |
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173 | 173 | | significant staffing change will affect patient care at the group practice 127 |
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174 | 174 | | or otherwise present challenges for the patients of the group practice; 128 |
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175 | 175 | | (2) whether the significant staffing change will result in any decrease in 129 |
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176 | 176 | | the services provided by the group practice; and (3) any difficulties or 130 |
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177 | 177 | | adverse impacts that physicians affected by the significant staffing 131 |
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178 | 178 | | change will experience, including, but not limited to, difficulties relating 132 |
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179 | 179 | | to the professional, financial or personal well-being of such physicians 133 |
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180 | 180 | | or group practices. The commissioner shall issue a decision approving 134 |
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181 | 181 | | or disapproving an application not later than one hundred eighty days 135 |
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182 | 182 | | after the date the commissioner receives notice pursuant to subsection 136 |
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183 | 183 | | (b) of this section. 137 |
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184 | 184 | | (d) No health system shall implement a significant staffing change at 138 |
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185 | 185 | | a group practice without receiving approval pursuant to the provisions 139 |
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186 | 186 | | of this section. 140 |
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187 | 187 | | Raised Bill No. 1452 |
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188 | 188 | | |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LCO No. 5741 6 of 6 |
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192 | 192 | | |
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193 | 193 | | (e) The Commissioner of Health Strategy may adopt regulations, in 141 |
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194 | 194 | | accordance with the provisions of chapter 54 of the general statutes, to 142 |
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195 | 195 | | implement the provisions of this section. 143 |
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196 | 196 | | Sec. 4. (NEW) (Effective October 1, 2025) On and after October 1, 2025, 144 |
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197 | 197 | | no institution, as defined in section 19a-490 of the general statutes, shall 145 |
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198 | 198 | | terminate a physician licensed pursuant to chapter 370 of the general 146 |
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199 | 199 | | statutes, except for just cause, which shall be determined solely by the 147 |
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200 | 200 | | performance or conduct of the particular physician. Any provision in a 148 |
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201 | 201 | | physician employment contract entered into on and after October 1, 149 |
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202 | 202 | | 2025, that permits an employer to terminate a physician at will shall be 150 |
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203 | 203 | | void. 151 |
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204 | 204 | | This act shall take effect as follows and shall amend the following |
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205 | 205 | | sections: |
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206 | 206 | | |
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207 | 207 | | Section 1 October 1, 2025 New section |
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208 | 208 | | Sec. 2 October 1, 2025 New section |
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209 | 209 | | Sec. 3 October 1, 2025 New section |
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210 | 210 | | Sec. 4 October 1, 2025 New section |
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211 | 211 | | |
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212 | 212 | | Statement of Purpose: |
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213 | 213 | | To establish various employment protections for hospital-affiliated |
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214 | 214 | | physicians. |
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215 | 215 | | |
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216 | 216 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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217 | 217 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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218 | 218 | | underlined.] |
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219 | 219 | | |
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