Connecticut 2025 Regular Session

Connecticut Senate Bill SB01452 Compare Versions

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55 General Assembly Raised Bill No. 1452
66 January Session, 2025
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1010 Referred to Committee on PUBLIC HEALTH
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1919 AN ACT CONCERNING HOSPITAL -AFFILIATED PHYSICIANS.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1
2424 (1) "Attending physician" means a physician licensed pursuant to 2
2525 chapter 370 of the general statutes who is selected by, or assigned to, the 3
2626 patient and who has primary responsibility for the treatment and care 4
2727 of the patient; 5
2828 (2) "Hospital" means any short-term acute care general or children's 6
2929 hospital licensed by the Department of Public Health, including the John 7
3030 Dempsey Hospital of The University of Connecticut Health Center; and 8
3131 (3) "Relative value unit" means the value assigned by the Centers for 9
3232 Medicare and Medicaid Services to certain current procedural 10
3333 terminology (CPT) codes and Health Care Procedure Coding System 11
3434 (HCPCS) codes to represent the cost of providing a service and 12
3535 comprised of physician work relative value unit, practice expense 13
3636 relative value unit and malpractice relative value unit multiplied by 14
3737 conversion factor and geographic practice cost indices adjustments. 15
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4444 (b) No hospital shall assign an attending physician more than 16
4545 eighteen patients during a twelve-hour shift unless the hospital 17
4646 compensates such attending physician at (1) a rate equal to (A) one and 18
4747 one-half times such attending physician's hourly rate, or (B) one and 19
4848 one-half times an hourly rate based on such attending physician's 20
4949 annual salary, as applicable, or (2) an amount equal to the payments 21
5050 such hospital would receive under a relative value unit payment 22
5151 methodology for the attending physician's treatment of patients during 23
5252 such shift, whichever is greater. 24
5353 Sec. 2. (NEW) (Effective October 1, 2025) (a) As used in this section: 25
5454 (1) "Group practice" means seven or more full-time equivalent 26
5555 physicians, legally organized in a partnership, professional corporation, 27
5656 limited liability company formed to render professional services, 28
5757 medical foundation, not-for-profit corporation, faculty practice plan or 29
5858 other similar entity (A) in which each physician who is a member of the 30
5959 group provides substantially the full range of services that the physician 31
6060 routinely provides, including, but not limited to, medical care, 32
6161 consultation, diagnosis or treatment, through the joint use of shared 33
6262 office space, facilities, equipment or personnel; (B) for which 34
6363 substantially all of the services of the physicians who are members of 35
6464 the group are provided through the group and are billed in the name of 36
6565 the group practice and amounts so received are treated as receipts of the 37
6666 group; or (C) in which the overhead expenses of, and the income from, 38
6767 the group are distributed in accordance with methods previously 39
6868 determined by members of the group. An entity that otherwise meets 40
6969 the definition of group practice under this section shall be considered a 41
7070 group practice although the shareholders, partners or owners of the 42
7171 group practice include single-physician professional corporations, 43
7272 limited liability companies formed to render professional services or 44
7373 other entities in which beneficial owners are individual physicians; 45
7474 (2) "Health system" means: (A) A parent corporation of one or more 46
7575 hospitals and any entity affiliated with such parent corporation through 47
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8282 ownership, governance, membership or other means, or (B) a hospital 48
8383 and any entity affiliated with such hospital through ownership, 49
8484 governance, membership or other means; 50
8585 (3) "Hospital" has the same meaning as provided in section 19a-490 51
8686 of the general statutes; and 52
8787 (4) "Staffing change" means an increase, reduction or reassignment of 53
8888 a large group's workforce that is not a significant staffing change, as 54
8989 defined in section 3 of this act. 55
9090 (b) No health system shall make any staffing change to a group 56
9191 practice without (1) consulting with and giving due consideration to the 57
9292 physician members of such group practice, or (2) submitting such 58
9393 staffing change for review to the Commissioner of Health Strategy, 59
9494 pursuant to section 3 of this act, if applicable. If a health system makes 60
9595 any such staffing change without consulting with and giving due 61
9696 consideration to such physician members or receiving approval for such 62
9797 staffing change from the Commissioner of Health Strategy pursuant to 63
9898 section 3 of this act, the Commissioner of Public Health shall appoint an 64
9999 independent monitor to oversee such group practice for a period of one 65
100100 year starting on the date of such appointment. A monitor appointed 66
101101 pursuant to the provisions of this section shall: (A) Evaluate the quality 67
102102 of patient care at such group practice after the staffing change is 68
103103 implemented and ensure that the quality of patient care is maintained; 69
104104 (B) assess and address any challenges faced by patients due to the 70
105105 staffing change; (C) monitor whether the staffing change has resulted in 71
106106 any decrease in services provided by the group practice; and (D) assess 72
107107 and address any difficulties or adverse impacts experienced by 73
108108 displaced physicians or group practices, including, but not limited to, 74
109109 difficulties relating to the professional, financial or personal well-being 75
110110 of such physicians or group practices. 76
111111 (c) If the commissioner appoints a monitor pursuant to the provisions 77
112112 of this section, the health system that made the staffing change to the 78
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119119 group practice without consulting with and giving due consideration to 79
120120 the physician members of such group practice shall compensate such 80
121121 monitor at a rate determined by the commissioner. 81
122122 (d) No health system shall require a physician practicing in a group 82
123123 practice to join another group practice without such physician's consent. 83
124124 (e) The commissioner may adopt regulations, in accordance with the 84
125125 provisions of chapter 54 of the general statutes, to implement the 85
126126 provisions of this section. 86
127127 Sec. 3. (NEW) (Effective October 1, 2025) (a) As used in this section: 87
128128 (1) "Group practice" means seven or more full-time equivalent 88
129129 physicians, legally organized in a partnership, professional corporation, 89
130130 limited liability company formed to render professional services, 90
131131 medical foundation, not-for-profit corporation, faculty practice plan or 91
132132 other similar entity (A) in which each physician who is a member of the 92
133133 group provides substantially the full range of services that the physician 93
134134 routinely provides, including, but not limited to, medical care, 94
135135 consultation, diagnosis or treatment, through the joint use of shared 95
136136 office space, facilities, equipment or personnel; (B) for which 96
137137 substantially all of the services of the physicians who are members of 97
138138 the group are provided through the group and are billed in the name of 98
139139 the group practice and amounts so received are treated as receipts of the 99
140140 group; or (C) in which the overhead expenses of, and the income from, 100
141141 the group are distributed in accordance with methods previously 101
142142 determined by members of the group. An entity that otherwise meets 102
143143 the definition of group practice under this section shall be considered a 103
144144 group practice although the shareholders, partners or owners of the 104
145145 group practice include single-physician professional corporations, 105
146146 limited liability companies formed to render professional services or 106
147147 other entities in which beneficial owners are individual physicians; 107
148148 (2) "Health system" means: (A) A parent corporation of one or more 108
149149 hospitals and any entity affiliated with such parent corporation through 109
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156156 ownership, governance, membership or other means, or (B) a hospital 110
157157 and any entity affiliated with such hospital through ownership, 111
158158 governance, membership or other means; 112
159159 (3) "Hospital" has the same meaning as provided in section 19a-490 113
160160 of the general statutes; and 114
161161 (4) "Significant staffing change" means an increase, reduction or 115
162162 reassignment of fifty per cent or more of a large group's workforce. 116
163163 (b) Not less than one hundred eighty days before implementing a 117
164164 significant staffing change, a health system shall provide notice to the 118
165165 (1) large group practice affected by such change by first class mail or 119
166166 electronic mail, and (2) Commissioner of Health Strategy. 120
167167 (c) On or before the date a health system provides notice to the 121
168168 commissioner regarding a significant staffing change pursuant to 122
169169 subsection (b) of this section, such health system shall submit, in a form 123
170170 and manner prescribed by the commissioner, an application review and 124
171171 approval or disapproval of such staffing change. When evaluating such 125
172172 application, the commissioner shall consider: (1) The extent to which the 126
173173 significant staffing change will affect patient care at the group practice 127
174174 or otherwise present challenges for the patients of the group practice; 128
175175 (2) whether the significant staffing change will result in any decrease in 129
176176 the services provided by the group practice; and (3) any difficulties or 130
177177 adverse impacts that physicians affected by the significant staffing 131
178178 change will experience, including, but not limited to, difficulties relating 132
179179 to the professional, financial or personal well-being of such physicians 133
180180 or group practices. The commissioner shall issue a decision approving 134
181181 or disapproving an application not later than one hundred eighty days 135
182182 after the date the commissioner receives notice pursuant to subsection 136
183183 (b) of this section. 137
184184 (d) No health system shall implement a significant staffing change at 138
185185 a group practice without receiving approval pursuant to the provisions 139
186186 of this section. 140
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193193 (e) The Commissioner of Health Strategy may adopt regulations, in 141
194194 accordance with the provisions of chapter 54 of the general statutes, to 142
195195 implement the provisions of this section. 143
196196 Sec. 4. (NEW) (Effective October 1, 2025) On and after October 1, 2025, 144
197197 no institution, as defined in section 19a-490 of the general statutes, shall 145
198198 terminate a physician licensed pursuant to chapter 370 of the general 146
199199 statutes, except for just cause, which shall be determined solely by the 147
200200 performance or conduct of the particular physician. Any provision in a 148
201201 physician employment contract entered into on and after October 1, 149
202202 2025, that permits an employer to terminate a physician at will shall be 150
203203 void. 151
204204 This act shall take effect as follows and shall amend the following
205205 sections:
206206
207207 Section 1 October 1, 2025 New section
208208 Sec. 2 October 1, 2025 New section
209209 Sec. 3 October 1, 2025 New section
210210 Sec. 4 October 1, 2025 New section
211211
212212 Statement of Purpose:
213213 To establish various employment protections for hospital-affiliated
214214 physicians.
215215
216216 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
217217 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
218218 underlined.]
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