Topic:
HEALTH FACILITIES; LEGISLATION; MEDICARE; PHYSICIANS;
Location:
HEALTH CARE FACILITIES;

OLR Research Report


June 14, 2005

 

2005-R-0533

CERTIFICATE OF NEED LEGISLATION

By: John Kasprak, Senior Attorney

You asked for background information on SB 1207 of the 2005 session including its origin, those supporting and opposing the legislation, and whether the “Stark” law was discussed in the context of this bill.

SB 1207, “An Act Concerning the Capital Expenditure Threshold for the Regulation of Equipment Acquisitions,” was part of the Office of Health Care Access’ (OHCA) 2005 legislative package. The bill passed both chambers as amended by Senate “A”, and is now PA 05-93. (A copy of OLR’s bill analysis is attached. )

In addition to OHCA, the Connecticut Hospital Association and AFT Healthcare LPN/Technical Employees Union, Local 5051 supported the bill. It was opposed by the American College of Obstetricians and Gynecologists. (Copies of public hearing testimony are included as you requested. )

As best we can determine, the “Stark” law was not discussed. The federal Stark law prohibits a physician from making a referral for designated health services that are reimbursable by Medicare or Medicaid to an entity with which the physician has a financial relationship unless an exception to the legislation is satisfied.

JK: ts