LCO No. 6493 1 of 16
General Assembly Raised Bill No. 1539
January Session, 2025
LCO No. 6493
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING CERTIFICATES OF NEED.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 19a-638 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2025): 3
(a) A certificate of need issued by the unit shall be required for: 4
(1) The establishment of a new health care facility; 5
(2) A transfer of ownership of a health care facility; 6
(3) A transfer of ownership of a large group practice to any entity 7
other than a (A) physician, or (B) group of two or more physicians, 8
legally organized in a partnership, professional corporation or limited 9
liability company formed to render professional services and not 10
employed by or an affiliate of any hospital, medical foundation, 11
insurance company or other similar entity; 12
(4) The establishment of a freestanding emergency department; 13
(5) The termination of inpatient or outpatient services offered by a 14
Raised Bill No. 1539
LCO No. 6493 2 of 16
hospital, including, but not limited to, the termination by a short-term 15
acute care general hospital or children's hospital of inpatient and 16
outpatient mental health and substance abuse services; 17
(6) The establishment of an outpatient surgical facility, as defined in 18
section 19a-493b, or as established by a short-term acute care general 19
hospital; 20
(7) The termination of surgical services by an outpatient surgical 21
facility, as defined in section 19a-493b, or a facility that provides 22
outpatient surgical services as part of the outpatient surgery department 23
of a short-term acute care general hospital, provided termination of 24
outpatient surgical services due to (A) insufficient patient volume, or (B) 25
the termination of any subspecialty surgical service, shall not require 26
certificate of need approval; 27
(8) The termination of an emergency department by a short-term 28
acute care general hospital; 29
(9) The establishment of cardiac services, including inpatient and 30
outpatient cardiac catheterization, interventional cardiology and 31
cardiovascular surgery; 32
(10) The acquisition of computed tomography scanners, magnetic 33
resonance imaging scanners, positron emission tomography scanners or 34
positron emission tomography-computed tomography scanners, by any 35
person, physician, provider, short-term acute care general hospital or 36
children's hospital, except (A) as provided for in subdivision (22) of 37
subsection (b) of this section, and (B) a certificate of need issued by the 38
unit shall not be required where such scanner is a replacement for a 39
scanner that was previously acquired through certificate of need 40
approval or a certificate of need determination, including a replacement 41
scanner that has dual modalities or functionalities if the applicant 42
already offers similar imaging services for each of the scanner's 43
modalities or functionalities that will be utilized; 44
Raised Bill No. 1539
LCO No. 6493 3 of 16
(11) The acquisition of nonhospital based linear accelerators, except a 45
certificate of need issued by the unit shall not be required where such 46
accelerator is a replacement for an accelerator that was previously 47
acquired through certificate of need approval or a certificate of need 48
determination; 49
(12) An increase in the licensed bed capacity of a health care facility, 50
except as provided in subdivision (23) of subsection (b) of this section; 51
(13) The acquisition of equipment utilizing technology that has not 52
previously been utilized in the state; 53
(14) An increase of two or more operating rooms within any three-54
year period, commencing on and after October 1, 2010, by an outpatient 55
surgical facility, as defined in section 19a-493b, or by a short-term acute 56
care general hospital; [and] 57
(15) The termination of inpatient or outpatient services offered by a 58
hospital or other facility or institution operated by the state that 59
provides services that are eligible for reimbursement under Title XVIII 60
or XIX of the federal Social Security Act, 42 USC 301, as amended from 61
time to time; and 62
(16) Any investment in a health care facility by a private equity 63
company in which the private equity company acquires a controlling 64
interest, either directly or indirectly, in a health care facility, or 65
otherwise obtains the ability to exercise operational control, managerial 66
control or decision-making authority over such facility. 67
Sec. 2. Section 19a-639 of the general statutes is repealed and the 68
following is substituted in lieu thereof (Effective October 1, 2025): 69
(a) In any deliberations involving a certificate of need application 70
filed pursuant to section 19a-638, as amended by this act, the unit shall 71
take into consideration and make written findings concerning each of 72
the following guidelines and principles: 73
Raised Bill No. 1539
LCO No. 6493 4 of 16
(1) Whether the proposed project is consistent with any applicable 74
policies and standards adopted in regulations by the Office of Health 75
Strategy; 76
(2) The relationship of the proposed project to the state-wide health 77
care facilities and services plan; 78
(3) Whether there is a clear public need for the health care facility or 79
services proposed by the applicant; 80
(4) Whether the applicant has satisfactorily demonstrated how the 81
proposal will impact the financial strength of the health care system in 82
the state or that the proposal is financially feasible for the applicant; 83
(5) Whether the applicant has satisfactorily demonstrated how the 84
proposal will improve quality, accessibility and cost effectiveness of 85
health care delivery in the region, including, but not limited to, 86
provision of or any change in the access to services for Medicaid 87
recipients and indigent persons; 88
(6) The applicant's past and proposed provision of health care 89
services to relevant patient populations and payer mix, including, but 90
not limited to, access to services by Medicaid recipients and indigent 91
persons; 92
(7) Whether the applicant has satisfactorily identified the population 93
to be served by the proposed project and satisfactorily demonstrated 94
that the identified population has a need for the proposed services; 95
(8) The utilization of existing health care facilities and health care 96
services in the service area of the applicant; 97
(9) Whether the applicant has satisfactorily demonstrated that the 98
proposed project shall not result in an unnecessary duplication of 99
existing or approved health care services or facilities; 100
(10) Whether an applicant, who has failed to provide or reduced 101
Raised Bill No. 1539
LCO No. 6493 5 of 16
access to services by Medicaid recipients or indigent persons, has 102
demonstrated good cause for doing so, which shall not be demonstrated 103
solely on the basis of differences in reimbursement rates between 104
Medicaid and other health care payers; 105
(11) Whether the applicant has satisfactorily demonstrated that the 106
proposal will not negatively impact the diversity of health care 107
providers and patient choice in the geographic region; and 108
(12) Whether the applicant has satisfactorily demonstrated that any 109
consolidation resulting from the proposal will not adversely affect 110
health care costs or accessibility to care. 111
(b) In deliberations as described in subsection (a) of this section, there 112
shall be a presumption in favor of approving the certificate of need 113
application for a transfer of ownership of a large group practice, as 114
described in subdivision (3) of subsection (a) of section 19a-638, as 115
amended by this act, when an offer was made in response to a request 116
for proposal or similar voluntary offer for sale. 117
(c) The unit, as it deems necessary, may revise or supplement the 118
guidelines and principles, set forth in subsection (a) of this section, 119
through regulation. 120
(d) (1) For purposes of this subsection and subsection (e) of this 121
section: 122
(A) "Affected community" means a municipality where a hospital is 123
physically located or a municipality whose inhabitants are regularly 124
served by a hospital; 125
(B) "Hospital" has the same meaning as provided in section 19a-490; 126
(C) "New hospital" means a hospital as it exists after the approval of 127
an agreement pursuant to section 19a-486b or a certificate of need 128
application for a transfer of ownership of a hospital; 129
Raised Bill No. 1539
LCO No. 6493 6 of 16
(D) "Purchaser" means a person who is acquiring, or has acquired, 130
any assets of a hospital through a transfer of ownership of a hospital; 131
(E) "Transacting party" means a purchaser and any person who is a 132
party to a proposed agreement for transfer of ownership of a hospital; 133
(F) "Transfer" means to sell, transfer, lease, exchange, option, convey, 134
give or otherwise dispose of or transfer control over, including, but not 135
limited to, transfer by way of merger or joint venture not in the ordinary 136
course of business; and 137
(G) "Transfer of ownership of a hospital" means a transfer that 138
impacts or changes the governance or controlling body of a hospital, 139
including, but not limited to, all affiliations, mergers or any sale or 140
transfer of net assets of a hospital and for which a certificate of need 141
application or a certificate of need determination letter is filed on or after 142
December 1, 2015. 143
(2) In any deliberations involving a certificate of need application 144
filed pursuant to section 19a-638, as amended by this act, that involves 145
the transfer of ownership of a hospital, the unit shall, in addition to the 146
guidelines and principles set forth in subsection (a) of this section and 147
those prescribed through regulation pursuant to subsection (c) of this 148
section, take into consideration and make written findings concerning 149
each of the following guidelines and principles: 150
(A) Whether the applicant fairly considered alternative proposals or 151
offers in light of the purpose of maintaining health care provider 152
diversity and consumer choice in the health care market and access to 153
affordable quality health care for the affected community; and 154
(B) Whether the plan submitted pursuant to section 19a-639a, as 155
amended by this act, demonstrates, in a manner consistent with this 156
chapter, how health care services will be provided by the new hospital 157
for the first three years following the transfer of ownership of the 158
hospital, including any consolidation, reduction, elimination or 159
Raised Bill No. 1539
LCO No. 6493 7 of 16
expansion of existing services or introduction of new services. 160
(3) The unit shall deny any certificate of need application involving a 161
transfer of ownership of a hospital unless the commissioner finds that 162
the affected community will be assured of continued access to high 163
quality and affordable health care after accounting for any proposed 164
change impacting hospital staffing. 165
(4) The unit may deny any certificate of need application involving a 166
transfer of ownership of a hospital subject to a cost and market impact 167
review pursuant to section 19a-639f if the commissioner finds that (A) 168
the affected community will not be assured of continued access to high 169
quality and affordable health care after accounting for any consolidation 170
in the hospital and health care market that may lessen health care 171
provider diversity, consumer choice and access to care, and (B) any 172
likely increases in the prices for health care services or total health care 173
spending in the state may negatively impact the affordability of care. 174
(5) The unit may place any conditions on the approval of a certificate 175
of need application involving a transfer of ownership of a hospital 176
consistent with the provisions of this chapter. Before placing any such 177
conditions, the unit shall weigh the value of such conditions in 178
promoting the purposes of this chapter against the individual and 179
cumulative burden of such conditions on the transacting parties and the 180
new hospital. For each condition imposed, the unit shall include a 181
concise statement of the legal and factual basis for such condition and 182
the provision or provisions of this chapter that it is intended to promote. 183
Each condition shall be reasonably tailored in time and scope. The 184
transacting parties or the new hospital shall have the right to make a 185
request to the unit for an amendment to, or relief from, any condition 186
based on changed circumstances, hardship or for other good cause. 187
(e) (1) If the certificate of need application (A) involves the transfer of 188
ownership of a hospital, (B) the purchaser is a hospital, as defined in 189
section 19a-490, whether located within or outside the state, that had net 190
Raised Bill No. 1539
LCO No. 6493 8 of 16
patient revenue for fiscal year 2013 in an amount greater than one billion 191
five hundred million dollars or a hospital system, as defined in section 192
19a-486i, whether located within or outside the state, that had net 193
patient revenue for fiscal year 2013 in an amount greater than one billion 194
five hundred million dollars, or any person that is organized or operated 195
for profit, and (C) such application is approved, the unit shall hire an 196
independent consultant to serve as a post-transfer compliance reporter 197
for a period of three years after completion of the transfer of ownership 198
of the hospital. Such reporter shall, at a minimum: (i) Meet with 199
representatives of the purchaser, the new hospital and members of the 200
affected community served by the new hospital not less than quarterly; 201
and (ii) report to the unit not less than quarterly concerning (I) efforts 202
the purchaser and representatives of the new hospital have taken to 203
comply with any conditions the unit placed on the approval of the 204
certificate of need application and plans for future compliance, and (II) 205
community benefits and uncompensated care provided by the new 206
hospital. The purchaser shall give the reporter access to its records and 207
facilities for the purposes of carrying out the reporter's duties. The 208
purchaser shall hold a public hearing in the municipality in which the 209
new hospital is located not less than annually during the reporting 210
period to provide for public review and comment on the reporter's 211
reports and findings. 212
(2) If the reporter finds that the purchaser has breached a condition 213
of the approval of the certificate of need application, the unit may, in 214
consultation with the purchaser, the reporter and any other interested 215
parties it deems appropriate, implement a performance improvement 216
plan designed to remedy the conditions identified by the reporter and 217
continue the reporting period for up to one year following a 218
determination by the unit that such conditions have been resolved. 219
(3) The purchaser shall provide funds, in an amount determined by 220
the unit not to exceed two hundred thousand dollars annually, for the 221
hiring of the post-transfer compliance reporter. 222
Raised Bill No. 1539
LCO No. 6493 9 of 16
(f) Nothing in subsection (d) or (e) of this section shall apply to a 223
transfer of ownership of a hospital in which either a certificate of need 224
application is filed on or before December 1, 2015, or where a certificate 225
of need determination letter is filed on or before December 1, 2015. 226
(g) The unit shall deny any certificate of need application involving 227
the termination of labor and delivery services by a hospital unless labor 228
and delivery services may be obtained at another hospital located not 229
more than twenty-five miles away from such hospital. 230
Sec. 3. Section 19a-639a of the general statutes is repealed and the 231
following is substituted in lieu thereof (Effective October 1, 2025): 232
(a) An application for a certificate of need shall be filed with the unit 233
in accordance with the provisions of this section and any regulations 234
adopted by the Office of Health Strategy. The application shall address 235
the guidelines and principles set forth in (1) subsection (a) of section 19a-236
639, as amended by this act, and (2) regulations adopted by the 237
department. The applicant shall include with the application a 238
nonrefundable application fee based on the cost of the project. The 239
amount of the fee shall be as follows: (A) One thousand dollars for a 240
project that will cost not greater than fifty thousand dollars; (B) two 241
thousand dollars for a project that will cost greater than fifty thousand 242
dollars but not greater than one hundred thousand dollars; (C) three 243
thousand dollars for a project that will cost greater than one hundred 244
thousand dollars but not greater than five hundred thousand dollars; 245
(D) four thousand dollars for a project that will cost greater than five 246
hundred thousand dollars but not greater than one million dollars; (E) 247
five thousand dollars for a project that will cost greater than one million 248
dollars but not greater than five million dollars; (F) eight thousand 249
dollars for a project that will cost greater than five million dollars but 250
not greater than ten million dollars; and (G) ten thousand dollars for a 251
project that will cost greater than ten million dollars. 252
(b) Prior to the filing of a certificate of need application, the applicant 253
Raised Bill No. 1539
LCO No. 6493 10 of 16
shall (1) publish notice that an application is to be submitted to the unit 254
(A) in a newspaper having a substantial circulation in the area where 255
the project is to be located, and (B) on the applicant's Internet web site 256
in a clear and conspicuous location that is easily accessible by members 257
of the public, (2) request the publication of notice (A) in at least two sites 258
within the affected community that are commonly accessed by the 259
public, such as a town hall or library, and (B) on any existing Internet 260
web site of the municipality or local health department, and (3) submit 261
such notice to the unit for posting on such unit's Internet web site. Such 262
newspaper notice shall be published for not less than three consecutive 263
days, with the final date of consecutive publication occurring not later 264
than twenty days prior to the date of filing of the certificate of need 265
application, and contain a brief description of the nature of the project 266
and the street address where the project is to be located. Postings in the 267
affected community and on the applicant's Internet web site shall 268
remain until the decision on the application is rendered. The unit shall 269
not invalidate any notice due to changes or removal of the notice from 270
a community Internet web site of which the applicant has no control. An 271
applicant shall file the certificate of need application with the unit not 272
later than ninety days after publishing notice of the application in a 273
newspaper in accordance with the provisions of this subsection. The 274
unit shall not accept the applicant's certificate of need application for 275
filing unless the application is accompanied by the application fee 276
prescribed in subsection (a) of this section and proof of compliance with 277
the publication requirements prescribed in this subsection. 278
(c) (1) Not later than five business days after receipt of a properly filed 279
certificate of need application, the unit shall publish notice of the 280
application on its Internet web site. Not later than thirty days after the 281
date of filing of the application, the unit may request such additional 282
information as the unit determines necessary to complete the 283
application. In addition to any information requested by the unit, if the 284
application involves the transfer of ownership of a hospital, as defined 285
in section 19a-639, as amended by this act, the applicant shall submit to 286
Raised Bill No. 1539
LCO No. 6493 11 of 16
the unit (A) a plan demonstrating how health care services will be 287
provided by the new hospital for the first three years following the 288
transfer of ownership of the hospital, including any consolidation, 289
reduction, elimination or expansion of existing services or introduction 290
of new services, and (B) the names of persons currently holding a 291
position with the hospital to be purchased or the purchaser, as defined 292
in section 19a-639, as amended by this act, as an officer, director, board 293
member or senior manager, whether or not such person is expected to 294
hold a position with the hospital after completion of the transfer of 295
ownership of the hospital and any salary, severance, stock offering or 296
any financial gain, current or deferred, such person is expected to 297
receive as a result of, or in relation to, the transfer of ownership of the 298
hospital. 299
(2) The applicant shall, not later than sixty days after the date of the 300
unit's request, submit any requested information and any information 301
required under this subsection to the unit. If an applicant fails to submit 302
such information to the unit within the sixty-day period, the unit shall 303
consider the application to have been withdrawn. 304
(3) The unit shall make reasonable efforts to limit the requests for 305
additional information to two such requests and, in all cases, cease all 306
requests for additional information not later than six months after 307
receiving the application. 308
(d) Upon deeming an application complete, the unit shall provide 309
notice of this determination to the applicant and to the public in 310
accordance with regulations adopted by the department. In addition, 311
the unit shall post such notice on its Internet web site and notify the 312
applicant not later than five days after deeming the application 313
complete. The date on which the unit posts such notice on its Internet 314
web site shall begin the review period. Except as provided in this 315
subsection, (1) the review period for an application deemed complete 316
shall be ninety days from the date on which the unit posts such notice 317
on its Internet web site; and (2) the unit shall issue a decision on an 318
Raised Bill No. 1539
LCO No. 6493 12 of 16
application deemed complete prior to the expiration of the ninety-day 319
review period in matters without a public hearing. The review period 320
for an application deemed complete that involves a transfer of a large 321
group practice, as described in subdivision (3) of subsection (a) of 322
section 19a-638, as amended by this act, when the offer was made in 323
response to a request for proposal or similar voluntary offer for sale, 324
shall be sixty days from the date on which the unit posts notice on its 325
Internet web site. Upon request or for good cause shown, the unit may 326
extend the review period for a period of time not to exceed sixty days. 327
If the review period is extended, the unit shall issue a decision on the 328
completed application prior to the expiration of the extended review 329
period. If the unit holds a public hearing concerning a completed 330
application in accordance with subsection (e) or (f) of this section, the 331
unit shall issue a decision on the completed application not later than 332
sixty days after the date the unit closes the public hearing record. If the 333
Commissioner of Health Strategy enters into an agreed settlement with 334
an applicant or negotiations for an agreed settlement, the commissioner 335
shall post notice of such agreed settlement or negotiations on the Office 336
of Health Strategy's Internet web site. 337
(e) Except as provided in this subsection, the unit shall hold a public 338
hearing on a properly filed and completed certificate of need application 339
if three or more individuals or an individual representing an entity with 340
five or more people submits a request, in writing, that a public hearing 341
be held on the application. For a properly filed and completed certificate 342
of need application involving a transfer of ownership of a large group 343
practice, as described in subdivision (3) of subsection (a) of section 19a-344
638, as amended by this act, when an offer was made in response to a 345
request for proposal or similar voluntary offer for sale, a public hearing 346
shall be held if twenty-five or more individuals or an individual 347
representing twenty-five or more people submits a request, in writing, 348
that a public hearing be held on the application. Any request for a public 349
hearing shall be made to the unit not later than thirty days after the date 350
the unit deems the application to be complete. 351
Raised Bill No. 1539
LCO No. 6493 13 of 16
(f) (1) The unit shall hold a public hearing with respect to each 352
certificate of need application filed pursuant to section 19a-638, as 353
amended by this act, after December 1, 2015, that concerns any transfer 354
of ownership involving a hospital. Such hearing shall be held in the 355
municipality in which the hospital that is the subject of the application 356
is located. 357
(2) The unit may hold a public hearing with respect to any certificate 358
of need application submitted under this chapter. The unit shall provide 359
not less than two weeks' advance notice to the applicant, in writing, and 360
to the public by publication in a newspaper having a substantial 361
circulation in the area served by the health care facility or provider. In 362
conducting its activities under this chapter, the unit may hold hearings 363
with respect to applications of a similar nature at the same time. The 364
applicant shall post a copy of the unit's hearing notice on the applicant's 365
Internet web site in a clear and conspicuous location that is easily 366
accessible by members of the public. Such applicant shall request the 367
publication of notice in at least two sites within the affected community 368
that are commonly accessed by the public, such as a town hall or library, 369
as well as on any existing Internet web site of the municipality or local 370
health department. The unit shall not invalidate any notice due to 371
changes or removal of the notice from a community Internet web site of 372
which the applicant has no control. 373
(g) For applications submitted on or after October 1, 2023, the unit 374
may retain an independent consultant with expertise in the specific area 375
of health care that is the subject of the application filed by an applicant 376
if the review and analysis of an application cannot reasonably be 377
conducted by the unit without the expertise of an industry analyst or 378
other actuarial consultant. The unit shall submit bills for independent 379
consultant services to the applicant. Such applicant shall pay such bills 380
not later than thirty days after receipt of such bills. Such bills shall be a 381
reasonable amount per application. The provisions of chapter 57 and 382
sections 4-212 to 4-219, inclusive, and 4e-19 shall not apply to any 383
retainer agreement executed pursuant to this subsection. 384
Raised Bill No. 1539
LCO No. 6493 14 of 16
(h) Notwithstanding the provisions of this chapter and section 4-177a, 385
the unit shall not grant any request for intervenor status in any public 386
hearing conducted pursuant to the provisions of this section involving 387
a certificate of need application filed by a group practice. For the 388
purposes of this subsection, "group practice" means five or less 389
physicians, legally organized in a partnership, professional corporation, 390
limited liability company formed to render professional services, 391
medical foundation, not-for-profit corporation, faculty practice plan or 392
other similar entity having investments of not more than two million 393
dollars (1) in which each physician who is a member of the group 394
provides substantially the full range of services that the physician 395
routinely provides, including, but not limited to, medical care, 396
consultation, diagnosis or treatment, through the joint use of shared 397
office space, facilities, equipment or personnel; (2) for which 398
substantially all of the services of the physicians who are members of 399
the group are provided through the group and are billed in the name of 400
the group practice and amounts so received are treated as receipts of the 401
group; or (3) in which the overhead expenses of, and the income from, 402
the group are distributed in accordance with methods previously 403
determined by members of the group. An entity that otherwise meets 404
the definition of group practice under this section shall be considered a 405
group practice although its shareholders, partners or owners of the 406
group practice include single-physician professional corporations, 407
limited liability companies formed to render professional services or 408
other entities in which beneficial owners are individual physicians. 409
(i) (1) Notwithstanding the provisions of this section, the unit shall 410
develop and implement an expedited certificate of need review process 411
for certificate of need applications concerning an increase in the licensed 412
bed capacity of a health care facility. The unit shall issue a decision on 413
any certificate of need application filed pursuant to the provisions of this 414
subsection not more than thirty days after the unit receives an 415
applicant's complete certificate of need application. 416
(2) Notwithstanding the provisions of this section, the expedited 417
Raised Bill No. 1539
LCO No. 6493 15 of 16
certificate of need review process established pursuant to the provisions 418
of this subsection shall (A) allow the unit to resolve an expedited 419
certificate of need application by (i) agreed settlement with the 420
applicant, (ii) making a determination approving the expedited 421
certificate of need application with or without conditions, or (iii) 422
requiring the applicant to submit a certificate of need application 423
pursuant to the provisions of subsections (a) to (f), inclusive, of this 424
section, and (B) not require a public hearing on an expedited certificate 425
of need application. 426
(3) If the unit requires an applicant to submit a certificate of need 427
application pursuant to subparagraph (A)(iii) of subdivision (2) of this 428
subsection, the unit shall (A) treat the expedited review application as a 429
properly filed certificate of need application, (B) issue any request for 430
additional information not later than thirty days after issuing a notice 431
requiring an applicant to submit a certificate of need application 432
pursuant to said subparagraph, and (C) follow the procedures described 433
in subsections (c) to (g), inclusive, of this section. 434
(4) The expedited certificate of need review process established 435
pursuant to the provisions of this subsection shall not be considered a 436
contested case, as defined in section 4-166. The unit's decision on any 437
expedited certificate of need application submitted pursuant to the 438
provisions of this subsection shall not be considered a final decision, as 439
defined in section 4-166. 440
[(h)] (j) The Commissioner of Health Strategy may implement 441
policies and procedures necessary to administer the provisions of this 442
section while in the process of adopting such policies and procedures as 443
regulation, provided the commissioner holds a public hearing prior to 444
implementing the policies and procedures and posts notice of intent to 445
adopt regulations on the office's Internet web site and the eRegulations 446
System not later than twenty days after the date of implementation. 447
Policies and procedures implemented pursuant to this section shall be 448
valid until the time final regulations are adopted. 449
Raised Bill No. 1539
LCO No. 6493 16 of 16
Sec. 4. Section 19a-641 of the general statutes is repealed and the 450
following is substituted in lieu thereof (Effective October 1, 2025): 451
Any health care facility or institution and any state health care facility 452
or institution aggrieved by any final decision of said unit under the 453
provisions of sections 19a-630 to 19a-639e, inclusive, may appeal from 454
such decision in accordance with the provisions of section 4-183, except 455
venue shall be in the judicial district in which it is located. Such appeal 456
shall have precedence in respect to order of trial over all other cases 457
except writs of habeas corpus, actions brought by or on behalf of the 458
state, including information on the relation of private individuals, and 459
appeals from awards or decisions of administrative law judges. The 460
Commissioner of Health Strategy shall post notice of such appeal on the 461
Office of Health Strategy's Internet web site. 462
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 19a-638(a)
Sec. 2 October 1, 2025 19a-639
Sec. 3 October 1, 2025 19a-639a
Sec. 4 October 1, 2025 19a-641
Statement of Purpose:
To (1) require a certificate of need for certain private equity investments
in health care facilities, (2) require the denial of certificate of need
applications involving the closure of labor and delivery units unless an
alternate labor and delivery unit is located not more than twenty-five
miles away, (3) prohibit intervenors in certificate of need applications
involving certain physician group practices, (4) establish an expedited
certificate of need review process for increases in the licensed bed
capacity of health care facilities, and (5) require the Commissioner of
Health Strategy to post notice of any appeal or agreed settlement
relating to a certificate of need application.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]