Researcher: JO Page 1 4/16/25
OLR Bill Analysis
sSB 1538
AN ACT CONCERNING EMERGENCY DEPARTMENT BOARDING
AND CROWDING.
SUMMARY
Existing law generally requires hospitals to annually analyze certain
emergency department data toward the goals of (1) developing ways to
reduce admission wait times, (2) informing potential ways to improve
admission efficiencies, and (3) examining root causes for admission
delays. By each March 1 (until 2029) they must annually report to the
Public Health Committee on their findings and recommendations. This
bill requires them to also submit these reports to the public health and
health strategy commissioners.
The bill also requires the probate court administrator and social
services commissioner to evaluate the feasibility of establishing an
expedited process to appoint a conservator for hospital emergency
department patients who lack the capacity to consent to services. This
process’s purpose is to ensure that these patients receive timely services
and to help reduce emergency department crowding and boarding (that
is, keeping patients in the department while they await inpatient beds).
By January 1, 2026, they must jointly report on the evaluation and any
legislative recommendations to the Public Health Committee.
EFFECTIVE DATE: Upon passage
BACKGROUND
Temporary Conservator Appointments
By law, the probate court may appoint a temporary conservator if,
upon the petition of certain parties (e.g., a spouse or other relative), it
finds that (1) the respondent cannot manage his or her affairs or care for
himself or herself, (2) immediate and irreparable harm to the person’s
mental or physical health or financial or legal affairs will result without 2025SB-01538-R000713-BA.DOCX
Researcher: JO Page 2 4/16/25
the appointment, and (3) the appointment is the least restrictive
available way to prevent this harm. A physician generally must have
examined the person and made certain findings.
Under some circumstances, if the court determines that delay would
cause immediate and irreparable harm, it can order the appointment ex
parte and without prior notice to the respondent. In these cases, it must
hold the required hearing within three days after the order (excluding
weekends and holidays) (CGS § 45a-654).
COMMITTEE ACTION
Public Health Committee
Joint Favorable Substitute
Yea 32 Nay 0 (03/28/2025)