Connecticut 2025 2025 Regular Session

Connecticut Senate Bill SB01539 Comm Sub / Bill

Filed 04/14/2025

                     
 
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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repealed and the following is substituted in lieu thereof (Effective October 2 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  Raised Bill No. 1539 
 
 
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(5) The termination of inpatient or outpatient services offered by a 14 
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 
 
 
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(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 
(1) Whether the proposed project is consistent with any applicable 74  Raised Bill No. 1539 
 
 
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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 
access to services by Medicaid recipients or indigent persons, has 102 
demonstrated good cause for doing so, which shall not be demonstrated 103  Raised Bill No. 1539 
 
 
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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 
(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  Raised Bill No. 1539 
 
 
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(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 
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  Raised Bill No. 1539 
 
 
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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 
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  Raised Bill No. 1539 
 
 
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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 
(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  Raised Bill No. 1539 
 
 
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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 
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  Raised Bill No. 1539 
 
 
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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 
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  Raised Bill No. 1539 
 
 
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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 
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  Raised Bill No. 1539 
 
 
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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 
(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  Raised Bill No. 1539 
 
 
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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 
(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  Raised Bill No. 1539 
 
 
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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 
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  Raised Bill No. 1539 
 
 
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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 
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  Raised Bill No. 1539 
 
 
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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 
 
PH Joint Favorable