LCO 1 of 5 General Assembly Substitute Bill No. 1507 January Session, 2025 AN ACT PROHIBITING PRIVATE EQUITY OWNERSHIP AND CONTROL OF HOSPITALS AND HEALTH SYSTEMS AND THE CONTROLLING OF OR INTERFERENCE WITH THE PROFESSIONAL JUDGMENT AND CLINICAL DECISIONS OF CERTAIN HEALTH CARE PROVIDERS AND REQUIRING AN EVALUATION OF THE APPOINTMENT OF A RECEIVER TO MANAGE HOSPITALS IN FINANCIAL DISTRESS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2025) (a) As used in this section: 1 (1) "Health system" means: (A) A parent corporation of one or more 2 hospitals and any entity affiliated with such parent corporation through 3 ownership, governance, membership or other means; or (B) a hospital 4 or any entity affiliated with such hospital through ownership, 5 governance, membership or other means; 6 (2) "Hospital" means a facility licensed as a hospital under chapter 7 368v of the general statutes; 8 (3) "Indirect ownership interest" means an ownership interest in an 9 entity that has an ownership interest in a hospital or health system; 10 (4) "Operational control" means to: (A) Influence or direct the actions 11 or policies of any part of a hospital or health system; or (B) choose, 12 appoint or terminate a member of the board, manager, managing 13 Substitute Bill No. 1507 LCO 2 of 5 member, senior employee, consultant or other individual or entity that 14 participates in the operational oversight of a hospital or health system; 15 (5) "Ownership interest" means possession of equity in capital, stock 16 or profits of a hospital or health system or ownership of real estate on 17 which a hospital or health system operates; 18 (6) "Private equity company" means a publicly traded or nonpublicly 19 traded entity that collects capital investments from individuals or 20 entities; and 21 (7) "Real estate investment trust" has the same meaning as provided 22 in 26 USC 856, as amended from time to time. 23 (b) On and after October 1, 2025, no private equity company or real 24 estate investment trust shall (1) acquire (A) any direct or indirect 25 ownership interest in a hospital or health system, or (B) any operational 26 or financial control over a hospital or health system; or (2) increase (A) 27 any direct or indirect ownership interest that the private equity 28 company or real estate investment trust has in a hospital or health 29 system, or (B) any operational or financial control that the private equity 30 company or real estate investment trust has over a hospital or health 31 care system. 32 Sec. 2. (NEW) (Effective July 1, 2025) (a) As used in this section: 33 (1) "Advanced practice registered nurse" means an advanced practice 34 registered nurse licensed pursuant to chapter 378 of the general statutes; 35 (2) "Clinician with independent practice authority" means a 36 physician, an advanced practice registered nurse or any other health 37 care provider who has the authority to engage in the independent 38 practice of such provider's profession pursuant to title 20 of the general 39 statutes; 40 (3) "Health care practice" means a business, regardless of form, 41 through which a licensed health care provider offers health care 42 services. "Health care practice" does not include any entity that holds a 43 Substitute Bill No. 1507 LCO 3 of 5 license to operate a facility issued by the Department of Public Health 44 or the Department of Mental Health and Addiction Services; 45 (4) "Health system" means: (A) A parent corporation of one or more 46 hospitals and any entity affiliated with such parent corporation through 47 ownership, governance, membership or other means; or (B) a hospital 48 and any entity affiliated with such hospital through ownership, 49 governance, membership or other means; 50 (5) "Management services organization" means a business that 51 provides management or administrative services to a health care 52 provider or an organization of health care providers, including, but not 53 limited to, a health care practice, for compensation; and 54 (6) "Physician" means a physician licensed pursuant to chapter 370 of 55 the general statutes. 56 (b) No health care facility or entity that holds a license issued by the 57 Department of Public Health or the Department of Mental Health and 58 Addiction Services and no management services organization shall 59 directly or indirectly interfere with, control or otherwise direct the 60 professional judgment or clinical decisions of a health care practice or a 61 clinician with independent practice authority who provides health care 62 services at or through such facility or entity or at or through a health 63 care practice. 64 (c) Conduct prohibited under subsection (b) of this section shall 65 include, but need not be limited to, controlling, either directly or 66 indirectly, through discipline, punishment, threats, adverse 67 employment actions, coercion, retaliation or excessive pressure any of 68 the following: (1) The amount of time spent with patients or the number 69 of patients seen in a given time period, including, but not limited to, the 70 time permitted to triage patients in the emergency department or 71 evaluate admitted patients; (2) the time period within which a patient 72 must be discharged; (3) decisions involving the patient's clinical status, 73 including, but not limited to, whether the patient should be kept in 74 observation status, whether the patient should receive palliative care 75 Substitute Bill No. 1507 LCO 4 of 5 and where the patient should be placed upon discharge; (4) the 76 diagnosis, diagnostic terminology or codes that are entered into the 77 medical record; (5) the appropriate diagnostic test for medical 78 conditions; or (6) any other conduct the Department of Public Health 79 determines would interfere with, control or otherwise direct the 80 professional judgment or clinical decision of a clinician with 81 independent practice authority. 82 (d) Any nondisclosure or nondisparagement agreement entered into, 83 amended or renewed on or after July 1, 2025, regarding any provision 84 of subdivisions (1) to (6), inclusive, of subsection (c) of this section, to 85 which a clinician with independent practice authority is a party shall be 86 void and unenforceable. 87 (e) Any policy or contract entered into, amended or renewed on or 88 after July 1, 2025, that has the effect of violating any provision of this 89 section shall be void and unenforceable. If a court of competent 90 jurisdiction finds that a policy, contract or contract provision is void and 91 unenforceable pursuant to this subsection, the court shall award the 92 plaintiff reasonable attorney's fees and costs. 93 (f) The Department of Public Health may adopt regulations, in 94 accordance with the provisions of chapter 54 of the general statutes, to 95 implement the provisions of this section. 96 Sec. 3. (Effective from passage) The Commissioner of Health Strategy 97 shall evaluate whether the Attorney General should be authorized to 98 petition the Superior Court for the appointment of a receiver to manage 99 hospitals in financial distress or operational crisis. Not later than 100 October 1, 2026, the commissioner shall report, in accordance with the 101 provisions of section 11-4a of the general statutes, to the joint standing 102 committee of the General Assembly having cognizance of matters 103 relating to public health regarding such evaluation. 104 This act shall take effect as follows and shall amend the following sections: Substitute Bill No. 1507 LCO 5 of 5 Section 1 July 1, 2025 New section Sec. 2 July 1, 2025 New section Sec. 3 from passage New section PH Joint Favorable Subst.