Sec. 20-1. *(See end of section for amended version and effective date.) Healing
arts defined. The practice of the healing arts means the practice of medicine, chiropractic, podiatry, natureopathy and, except as used in chapters 384a and 388, and sections
19a-16a to 19a-16c, inclusive, the practice of optometry.
(1949 Rev., S. 4352; P.A. 80-484, S. 168, 176; P.A. 81-471, S. 4, 71; P.A. 94-202; P.A. 99-102, S. 1.)
*Note: On and after the later of October 1, 2000, or the date notice is published by
the Commissioner of Public Health in the Connecticut Law Journal indicating that the
licensing of athletic trainers and physical therapist assistants is being implemented by
the commissioner, this section, as amended by section 10 of public act 00-226, is to
read as follows:
"Sec. 20-1. Healing arts defined. The practice of the healing arts means the practice of medicine, chiropractic, podiatry, natureopathy and, except as used in chapters
384a and 388, the practice of optometry."
(1949 Rev., S. 4352; P.A. 80-484, S. 168, 176; P.A. 81-471, S. 4, 71; P.A. 94-202; P.A. 99-102, S. 1; P.A. 00-226, S.
10, 20.)
History: P.A. 80-484 substituted "means" for "shall be understood to be"; P.A. 81-471 added podiatry to professions
included within the term "healing arts" as of July 1, 1981; P.A. 94-202 conditionally included optometry as a healing art;
P.A. 99-102 deleted obsolete reference to osteopathy; P.A. 00-226 deleted reference to Secs. 19a-16a to 19a-16c, inclusive,
effective the later of October 1, 2000, or the date notice is published by the Commissioner of Public Health in the Connecticut
Law Journal indicating that the licensing of athletic trainers and physical therapist assistants is being implemented by the
commissioner.
Cited. 15 CS 468.
Secs. 20-2 to 20-7. Examining boards, generally. Sections 20-2 to 20-7, inclusive, are repealed.
(1949, Rev., S. 4351, 4353-4356; 1949, S. 2186d; 1955, S. 2187d; 1957, P.A. 197; September, 1957, P.A. 11, S. 13;
1971, P.A. 870, S. 54; P.A. 73-616, S. 19; P.A. 75-268, S. 5.)
Sec. 20-7a. Billing for clinical laboratory services. Cost of diagnostic tests. Financial disclosures to patients. (a) Any practitioner of the healing arts who agrees
with any clinical laboratory, either private or hospital, to make payments to such laboratory for individual tests or test series for patients shall disclose on the bills to patients
or third party payors the name of such laboratory, the amount or amounts charged by
such laboratory for individual tests or test series and the amount of his procurement or
processing charge, if any, for each test or test series. Any person who violates the provisions of this section shall be fined not more than one hundred dollars.
(b) Each practitioner of the healing arts who recommends a test to aid in the diagnosis of a patient's physical condition shall, to the extent the practitioner is reasonably
able, inform the patient of the approximate range of costs of such test.
(c) Each practitioner of the healing arts who (1) has an ownership or investment
interest in an entity which provides diagnostic or therapeutic services, or (2) receives
compensation or remuneration for referral of such patient to an entity which provides
diagnostic or therapeutic services shall disclose such interest to any patient prior to
referring such patient to such entity for diagnostic or therapeutic services and provide
reasonable referral alternatives. Such information shall be verbally disclosed to each
patient or shall be posted in a conspicuous place visible to patients in the practitioner's
office. The posted information shall list the therapeutic and diagnostic services in which
the practitioner has an ownership or investment interest and therapeutic and diagnostic
services from which the practitioner receives compensation or remuneration for referrals
and state that alternate referrals will be made upon request. Therapeutic services include
physical therapy, radiation therapy, intravenous therapy and rehabilitation services including physical therapy, occupational therapy or speech pathology or any combination
thereof. This subsection shall not apply to in-office ancillary services. As used in this
subsection, "ownership or investment interest" shall not include ownership of investment securities purchased by the practitioner on terms available to the general public
and which are publicly traded; and "entity which provides diagnostic or therapeutic
services" shall include services provided by an entity within a hospital but which is not
owned by the hospital. Violation of this subsection shall constitute conduct subject to
disciplinary action under subdivision (6) of subsection (a) of section 19a-17.
(P.A. 73-159; P.A. 91-168; P.A. 92-24.)
History: P.A. 91-168 added a new Subsec. (b) to require practitioners to inform patients regarding the costs of diagnostic
tests ordered, and added a new Subsec. (c) to require practitioners to make disclosures of financial interests in diagnostic
imaging equipment to patients; P.A. 92-24 amended Subsec. (c) to change disclosure requirements from diagnostic imaging
equipment to diagnostic or therapeutic services or compensation or remuneration for referrals of such services, to explain
verbal and posted disclosure requirements, to add definition of entity which provides diagnostic or therapeutic services,
and to make violation of Subsec. subject to disciplinary action.
Sec. 20-7b. Definitions. For purposes of sections 20-7b to 20-7e, inclusive:
(a) "Patient" means a natural person who has received health care services from a
provider for treatment of a medical condition, or a person he designates in writing as
his representative; and
(b) "Provider" means any person or organization that furnishes health care services
and is licensed or certified to furnish such services pursuant to chapters 370 to 373,
inclusive, 375 to 384a, inclusive, 388, 398 and 399 or is licensed or certified pursuant
to chapter 368d.
(P.A. 83-413, S. 1; P.A. 86-43, S. 1; P.A. 91-137, S. 1; P.A. 92-78, S. 1, 3; P.A. 93-316, S. 2; P.A. 94-174, S. 5, 12.)
History: P.A. 86-43 included chapter 381 in the chapters cited in Subsec. (b); P.A. 91-137 redefined "provider" to
include institutions licensed pursuant to chapter 368v; P.A. 92-78 amended Subsec. (b) to delete changes enacted by public
act 91-137; P.A. 93-316 redefined "provider" to include organizations and reference to licensure or certification pursuant
to chapter 368d; P.A. 94-174 amended Subsec. (b) to add references to providers who are certified and chapters 383 to
384a, 388, 398 and 399, effective June 6, 1994.
Sec. 20-7c. Access to medical records. Mandatory notification to patient of
certain test results. (a) For purposes of this section, "provider" has the same meaning
as provided in section 20-7b.
(b) (1) A provider, except as provided in section 4-194, shall supply to a patient
upon request complete and current information possessed by that provider concerning
any diagnosis, treatment and prognosis of the patient. (2) A provider shall notify a patient
of any test results in the provider's possession or requested by the provider for the
purposes of diagnosis, treatment or prognosis of such patient.
(c) Upon a written request of a patient, a patient's attorney or authorized representative, or pursuant to a written authorization, a provider, except as provided in section 4-194, shall furnish to the person making such request a copy of the patient's health record,
including but not limited to, bills, x-rays and copies of laboratory reports, contact lens
specifications based on examinations and final contact lens fittings given within the
preceding three months or such longer period of time as determined by the provider but
no longer than six months, records of prescriptions and other technical information used
in assessing the patient's health condition. No provider shall charge more than forty-five cents per page, including any research fees, handling fees or related costs, and the
cost of first class postage, if applicable, for furnishing a health record pursuant to this
subsection, except such provider may charge a patient the amount necessary to cover
the cost of materials for furnishing a copy of an x-ray, provided no such charge shall
be made for furnishing a health record or part thereof to a patient, a patient's attorney
or authorized representative if the record or part thereof is necessary for the purpose of
supporting a claim or appeal under any provision of the Social Security Act and the
request is accompanied by documentation of the claim or appeal. A provider shall furnish
a health record requested pursuant to this section within thirty days of the request.
(d) If a provider reasonably determines that the information is detrimental to the
physical or mental health of the patient, or is likely to cause the patient to harm himself
or another, the provider may withhold the information from the patient. The information
may be supplied to an appropriate third party or to another provider who may release
the information to the patient. If disclosure of information is refused by a provider under
this subsection, any person aggrieved thereby may, within thirty days of such refusal,
petition the superior court for the judicial district in which such person resides for an
order requiring the provider to disclose the information. Such a proceeding shall be
privileged with respect to assignment for trial. The court, after hearing and an in camera
review of the information in question, shall issue the order requested unless it determines
that such disclosure would be detrimental to the physical or mental health of the person
or is likely to cause the person to harm himself or another.
(e) The provisions of this section shall not apply to any information relative to any
psychiatric or psychological problems or conditions.
(P.A. 83-413, S. 2; P.A. 86-43, S. 2; P.A. 91-137, S. 2; P.A. 93-316, S. 3; P.A. 94-158, S. 2; P.A. 95-100; June Sp.
Sess. P.A. 99-2, S. 44; P.A. 04-165, S. 1.)
History: P.A. 86-43 amended Subsec. (b) to limit the cost to the patient for a copy of a health record; P.A. 91-137
amended Subsec. (b) to provide that no charge be made for furnishing a health record to a patient for the purpose of
supporting a claim under the Social Security Act and to require that a requested record be furnished within thirty days of
the request; P.A. 93-316 amended Subsec. (b) by requiring provider to furnish copy of patient's health record upon written
request of patient's attorney or authorized representative or upon written authorization, added "bills" as part of record and
increased maximum charge per page from twenty-five to forty-five cents per page, provided provider may charge cost
necessary for furnishing copy of x-ray; P.A. 94-158 amended Subsec. (b) to specify that the maximum per page charge
allowed for furnishing a health record includes any research fees, handling fees or related costs; P.A. 95-100 amended
Subsec. (b) to add the provision on contact lenses and to limit access to prescriptions to "records of" prescriptions; June
Sp. Sess. P.A. 99-2 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re
notification of certain test results; P.A. 04-165 defined "provider" in new Subsec. (a), redesignated existing Subsecs. (a)
to (d) as new Subsecs. (b) to (e), respectively, amended new Subsec. (b) to make a technical change and, in Subdiv. (2),
to delete provision re indication of need for further treatment or diagnosis and add requirement of notification to patient
of test results requested by provider, deleted reference to Sec. 20-7b in new Subsec. (d) and made technical changes for
purposes of gender neutrality.
Sec. 20-7d. Release of patient's medical records to another provider. A copy
of the patient's health record, including but not limited to, x-rays and copies of laboratory
reports, prescriptions and other technical information used in assessing the patient's
condition shall be furnished to another provider upon the written request of the patient.
The written request shall specify the name of the provider to whom the health record is
to be furnished. The patient shall be responsible for the reasonable costs of furnishing
the information.
(P.A. 83-413, S. 3.)
Sec. 20-7e. Medical records maintained by agencies. The provisions of sections
20-7b to 20-7d, inclusive, shall not apply to medical records maintained by any agency
as defined in section 4-190.
(P.A. 83-413, S. 4.)
Sec. 20-7f. Unfair billing practices. (a) For purposes of this section:
(1) "Request payment" includes, but is not limited to, submitting a bill for services
not actually owed or submitting for such services an invoice or other communication
detailing the cost of the services that is not clearly marked with the phrase "This is not
a bill".
(2) "Health care provider" means a person licensed to provide health care services
under this chapter, chapters 371 to 373, inclusive, chapters 375 to 383b, inclusive, chapters 384a to 384c, inclusive, or chapter 400j.
(3) "Enrollee" means a person who has contracted for or who participates in a managed care plan for himself or his eligible dependents.
(4) "Managed care organization" means an insurer, health care center, hospital or
medical service corporation or other organization delivering, issuing for delivery, renewing or amending any individual or group health managed care plan in this state.
(5) "Copayment or deductible" means the portion of a charge for services covered
by a managed care plan that, under the plan's terms, it is the obligation of the enrollee
to pay.
(b) It shall be an unfair trade practice in violation of chapter 735a for any health
care provider to request payment from an enrollee, other than a copayment or deductible,
for medical services covered under a managed care plan.
(c) It shall be an unfair trade practice in violation of chapter 735a for any health
care provider to report to a credit reporting agency an enrollee's failure to pay a bill
for medical services when a managed care organization has primary responsibility for
payment of such services.
(P.A. 98-163, S. 1.)
History: (Revisor's note: In 2003 a reference in Subsec. (a)(2) to "chapters 370 to 373, ..." was changed editorially by
the Revisors to "this chapter, chapters 371 to 373, ...").