Substitute House Bill No. 6947
          Substitute House Bill No. 6947

              PUBLIC ACT NO. 97-204


AN ACT CONCERNING CERTIFICATES OF NEED.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1. Section  19a-630  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [(a)] As used in this chapter:
    (1)  "Health  care  facility  or  institution"
means   any  facility   or   institution   engaged
primarily   in   providing    services   for   the
prevention, diagnosis or treatment of human health
conditions,  including,  but   not   limited   to,
outpatient  clinics,  free   standing   outpatient
surgical facilities, imaging  centers, home health
[care]  agencies,  [homemaker-home   health   aide
agencies,] as defined in section 19a-490; clinical
laboratory or central  service  facilities serving
one or more  health care facilities, practitioners
or institutions; hospitals;  personal  care homes;
nursing   homes;   nonprofit    health    centers;
diagnostic      and     treatment      facilities;
rehabilitation  facilities,  and   mental   health
facilities; health care  facility  or  institution
includes   any   parent    company,    subsidiary,
affiliate, RELATED ENTITY  or joint venture or any
combination thereof of  a  health care facility or
institution;  but not  including  [any  outpatient
clinic operated by  a town, city or borough or any
state-operated  hospital  or   any  rehabilitation
center referred to  in  section  17b-243,  or] any
health  care  facility  operated  by  a  nonprofit
educational institution solely  for  the students,
faculty and staff  of  such  institution and their
dependents, or any  Christian  Science  sanatorium
operated, or listed  and  certified,  by the First
Church    of    Christ,     Scientist,     Boston,
Massachusetts. [;]
    (2) ["state] "STATE  health  care  facility or
institution"  means  a   hospital  or  other  such
facility  or institution  operated  by  the  state
providing   services  which   are   eligible   for
reimbursement under Title  XVIII  or  XIX  of  the
federal Social Security Act, 42 USC Section 301 et
seq., as amended. [;]
    (3) ["office"] "OFFICE"  means  the  Office of
Health Care Access. [; and]
    (4) ["commissioner"] "COMMISSIONER"  means the
Commissioner of Health Care Access.
    [(b) As used  in  this chapter for the purpose
of  certificate  of  need,  "clinical  laboratory"
includes any clinical  laboratory  as  defined  in
section  19a-30,  requiring  a  separate  clinical
laboratory license from  the  Department of Public
Health,   except   laboratories    designated   as
laboratories performing waived  tests,  as defined
in 42 CFR 493.15 as from time to time amended, and
laboratories   performing   tests    of   moderate
complexity, as defined  in  42  CFR 493.20 as from
time to time amended.]
    (5)  "RELATED  ENTITY"   MEANS   AN  AFFILIATE
CORPORATION,  HEALTH CARE  CORPORATION  OR  HEALTH
CARE PROVIDER AND  INCLUDES  A  PARENT-SUBSIDIARY,
PARENT-PARENT-SUBSIDIARY,           BROTHER-SISTER
CORPORATION  OR  SIMILAR   ARRANGEMENTS  INVOLVING
OWNERSHIP OR CONTROL.
    Sec.  2.  Section   19a-638   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) EXCEPT AS  PROVIDED  IN  SECTION 5 OF THIS
ACT:
    (1)  [Any]  EACH   health   care  facility  or
institution,  [as defined  in  subsection  (a)  of
section 19a-490, which  intends to transfer all or
part of its  ownership  or  control prior to being
initially licensed, except  a  home health agency,
nursing home, home  for  the  aged,  rest  home or
residential  facility for  the  mentally  retarded
licensed pursuant to section 17a-227 and certified
to participate in  the  Title XIX Medicaid program
as an intermediate  care facility for the mentally
retarded] THAT INTENDS TO (A) TRANSFER ALL OR PART
OF ITS OWNERSHIP OR CONTROL, (B) CHANGE THE POWERS
OF  THE BOARD  OF  A  PARENT  OR  RELATED  ENTITY,
WHATEVER  ITS  DESIGNATION,   OR   (C)  CHANGE  OR
TRANSFER THE POWERS  OR  CONTROL OF A GOVERNING OR
CONTROLLING BODY OF A RELATED ENTITY, shall submit
to the office,  prior to the proposed date of such
transfer  [and in  accordance  with  any  schedule
established by the  office  pursuant to subsection
(c) of this  section]  OR  CHANGE,  a  request for
permission to undertake such transfer OR CHANGE.
    (2)  [Any]  EACH   health   care  facility  or
institution or [any] state health care facility or
institution,      including     any      inpatient
rehabilitation  facility,  [affiliated   with  the
Easter  Seal Society  of  Connecticut,  Inc.,  but
excluding a home health agency, nursing home, home
for the aged,  rest  home  or residential facility
for the mentally  retarded  licensed  pursuant  to
section 17a-227 and  certified  to  participate in
the Title XIX  Medicaid program as an intermediate
care facility for  the  mentally  retarded,] which
intends to introduce  any  additional  function or
service into its  program of health care [, except
a program of  ambulatory  services established and
conducted by a  health maintenance organization or
any outpatient rehabilitation  facility affiliated
with  the  Easter  Seal  Society  of  Connecticut,
Inc.,] shall submit  to  the  office, prior to the
proposed date of  the institution of such function
or  service,  [or   increase   in   staff  and  in
accordance with any  schedule  established  by the
office  pursuant  to   subsection   (c)   of  this
section,] a request  for  permission  to undertake
such function or service. [or increase its staff.]
    (3)  [Any]  EACH   health   care  facility  or
institution or [any] state health care facility or
institution [except a  home health agency, nursing
home, home for  the aged, rest home or residential
facility  for  the   mentally   retarded  licensed
pursuant  to  section  17a-227  and  certified  to
participate in the  Title  XIX Medicaid program as
an intermediate care  facility  for  the  mentally
retarded,] which intends  to  terminate  a  health
service offered by such facility or institution or
decrease  substantially its  total  bed  capacity,
shall submit to  the office, prior to the proposed
date of such  termination  or  decrease,  [and  in
accordance with any  schedule  established  by the
office  pursuant  to   subsection   (c)   of  this
section,] a request  to undertake such termination
or decrease.
    (4) [An] EACH applicant, prior to submitting a
certificate of need application UNDER THIS SECTION
OR SECTION 19a-639,  AS AMENDED BY THIS ACT, shall
SUBMIT  A request,  in  writing,  FOR  application
forms and instructions  [from]  TO the office. The
request shall be  known  as  a letter of intent. A
letter of intent  shall  include:  (A) The name of
the  applicant  or  applicants;  (B)  a  statement
indicating whether the  application  is for a new,
REPLACEMENT  OR ADDITIONAL  facility,  service  or
function,  THE  expansion   OR  RELOCATION  of  an
existing facility, service  or  function, A CHANGE
IN  OWNERSHIP  OR  CONTROL,  A  TERMINATION  OF  A
SERVICE OR A  REDUCTION  IN  LICENSED BED CAPACITY
AND THE BED TYPE, [and] any new or additional beds
and their type,  A  CAPITAL  EXPENDITURE  OVER ONE
MILLION DOLLARS, THE  ACQUISITION OF MAJOR MEDICAL
EQUIPMENT,   IMAGING   EQUIPMENT   OR   A   LINEAR
ACCELERATOR  COSTING OVER  FOUR  HUNDRED  THOUSAND
DOLLARS,  OR  ANY  COMBINATION  THEREOF;  (C)  the
estimated capital cost  OR  EXPENDITURE;  (D)  the
town where the  project IS OR will be located; and
(E) a brief  description  of the proposed project.
No  certificate  of   need   application  will  be
considered [filed with]  SUBMITTED  TO  the office
unless a current letter of intent, specific to the
proposal and in  [accordance] COMPLIANCE with this
subsection, has been  on  file  with the office at
least [ninety] SIXTY  days.  A  current  letter of
intent is a  letter  of  intent  which has been on
file at the office no more than one hundred twenty
days.
    (b) The office  shall  make  such  review of a
request made pursuant  to  subdivision (1), (2) or
(3) of subsection  (a) of this section as it deems
necessary. [, including,  in]  IN  the  case  of a
proposed transfer of  ownership or control, [prior
to initial licensure,  such  factors  as,  but not
limited to] THE  REVIEW  SHALL INCLUDE, BUT NOT BE
LIMITED  TO,  the   financial  responsibility  and
business  interests  of  the  transferee  and  the
ability of the  institution to continue to provide
needed  services  [,]  or,  in  the  case  of  the
introduction of [an]  A NEW OR additional function
or service OR  THE  TERMINATION  OF  A  SERVICE OR
FUNCTION, ascertaining the  availability  of  such
service   or   function    at    other   inpatient
rehabilitation facilities, health  care facilities
or institutions or state health care facilities or
institutions OR OTHER PROVIDERS within the area to
be served, the  need  for such service or function
within such area  and  any other factors which the
office  deems  relevant   to  a  determination  of
whether the facility  or  institution is justified
in introducing OR  TERMINATING  such  [additional]
functions or services  into  OR  FROM its program.
[or increasing its staff.] The office shall grant,
modify or deny  such request within ninety days of
the receipt [thereof]  OF  A COMPLETE APPLICATION,
except as provided  for  in this section. Upon the
request of the applicant, the review period may be
extended for an  additional  fifteen  days  if the
office   has  requested   additional   information
subsequent  to  the  commencement  of  the  review
period. The commissioner  may  extend  the  review
period  for  a  maximum  of  thirty  days  if  the
applicant  has  not   filed  in  a  timely  manner
information  deemed  necessary   by   the  office.
Failure of the  office  to  act  on  such  request
within such review period shall be deemed approval
thereof. The ninety-day review period, pursuant to
this subsection, for  an  application  filed  by a
hospital,  as  defined   in  section  19a-490  and
licensed  as  a   short-term   acute-care  general
hospital or children's  hospital by the Department
of Public Health,  shall  not  apply  if,  in  the
certificate of need  application  or  request, the
hospital projects [that the implementation of such
application or request  will require future budget
adjustments] EITHER (1)  THAT, FOR THE FIRST THREE
YEARS  OF  OPERATION  TAKEN  TOGETHER,  THE  TOTAL
IMPACT OF THE  PROPOSAL ON THE OPERATING BUDGET OF
THE HOSPITAL WILL  EXCEED  ONE  PER  CENT  OF  THE
ACTUAL OPERATING EXPENSES  OF THE HOSPITAL FOR THE
MOST RECENTLY COMPLETED  FISCAL YEAR AS FILED WITH
THE  OFFICE,  OR   (2)   THAT  THE  TOTAL  CAPITAL
EXPENDITURE FOR THE  PROJECT  WILL  EXCEED FIFTEEN
MILLION DOLLARS. IF  THE OFFICE DETERMINES THAT AN
APPLICATION  IS  NOT  SUBJECT  TO  THE  NINETY-DAY
REVIEW  PERIOD PURSUANT  TO  THIS  SUBSECTION,  IT
SHALL REMAIN SO  EXCLUDED  FOR  THE  ENTIRE REVIEW
PERIOD   OF  THAT   APPLICATION,   EVEN   IF   THE
APPLICATION  OR  CIRCUMSTANCES   CHANGE   AND  THE
APPLICATION NO LONGER  MEETS  THE  STATED TERMS OF
THE EXCLUSION. Upon  a showing by such facility or
institution that the  need for such function, [or]
service  or [increase  in  staff]  TERMINATION  OR
CHANGE OF OWNERSHIP  OR CONTROL is of an emergency
nature, in that  the  function,  [or]  service  or
[increase  in  staff]  TERMINATION  OR  CHANGE  OF
OWNERSHIP OR CONTROL  is  necessary to comply with
requirements  of  any   federal,  state  or  local
health, fire, building  or  life  safety code, the
commissioner  may  waive   the  letter  of  intent
requirement, [and the requirement that the request
for such permission  be  submitted,  in accordance
with  any  schedule   established  by  the  office
pursuant  to  subsection  (c)  of  this  section,]
provided such request  shall be submitted at least
ten business days  before  the  proposed  date  of
institution  of  the  function,  [or]  service  OR
TERMINATION OR CHANGE OF OWNERSHIP OR CONTROL.
    (c) In conducting  its  activities  under this
section [and] OR  section  19a-639,  AS AMENDED BY
THIS  ACT,  the   office   may  hold  hearings  on
applications of a similar nature at the same time.
[The office may  adopt  regulations  in accordance
with the provisions  of chapter 54, to establish a
schedule for the  submission  of such applications
which (1) requires applications to be submitted in
cycles that allow  applications  to  be  heard and
reviewed at times when hospital budget reviews are
not in progress,  and  (2)  may  provide  for  all
completed applications pertaining to similar types
of services, facilities or equipment affecting the
same  health service  area  to  be  considered  in
relation to each other and reviewed at least twice
a year.]
    (d)  For  the  purposes  of  this  section  OR
SECTION  19a-639,  AS   AMENDED   BY   THIS   ACT,
construction shall be  deemed to have begun if the
following have occurred and the office has been so
notified in writing  within  the thirty days prior
to the date by which construction is to begin: (1)
All necessary town,  state  and  federal approvals
required to begin construction have been obtained,
including all zoning  and  wetlands approvals; (2)
all necessary town  and  state permits required to
begin  construction  or   site   work   have  been
obtained; (3) financing  approval,  as  defined in
subsection [(i)] (e)  of  this  section,  has been
obtained;  and (4)  construction  of  a  structure
approved in the certificate of need has begun. For
the purposes of  this  subsection, commencement of
construction of a  structure  shall  include, at a
minimum,    completion    of     a     foundation.
Notwithstanding the provisions of this subsection,
upon receipt of  an  application  filed  at  least
thirty  days  prior   to   the   date   by   which
construction is to  begin,  the  office  may  deem
construction to have  begun  if  (A) an owner of a
certificate of need  has  fully  complied with the
provisions of subdivisions  (1),  (2)  and  (3) of
this subsection; (B)  such owner submits clear and
convincing evidence that  he has complied with the
provisions  of  this  subsection  sufficiently  to
demonstrate a high  probability  that construction
shall be completed  in time to obtain licensure by
the Department of  Public  Health on or before the
date required [pursuant  to subsection (d) of this
section] IN THE  CERTIFICATE OF NEED AS THE OFFICE
MAY AMEND IT  FROM  TIME TO TIME; (C) construction
of a structure  cannot  begin  due to unforseeable
circumstances beyond the  control of the owner and
(D) at least  ten  per  cent of the approved total
capital expenditure or  two hundred fifty thousand
dollars, whichever is greater, has been expended.
    (e) [On and  after  March  1, 1993, financing]
FINANCING shall be  deemed  to  have been obtained
for the purposes  of  this section if the owner of
the certificate of  need  has (1) received a final
commitment for financing  in writing from a lender
or (2) provided  evidence  to  the office that the
owner has sufficient  funds available to construct
the project without financing.
    (f) The General  Assembly  finds  evidence  of
insufficient need for  all  the  nursing home beds
approved by the  Office  of Health Care Access but
not yet constructed and finds allowing unnecessary
beds and facilities  to  be  built  will result in
severely  damaging economic  consequences  to  the
state and to  consumers.  All certificates of need
for nursing home  beds  granted  pursuant  to this
section shall expire  on  June 9, 1993, except (1)
beds for which  an  application  for financing was
received and deemed  complete  by  the Connecticut
Health and Educational  Facilities Authority prior
to March 1,  1993;  (2)  beds restricted to use by
patients with acquired  immune deficiency syndrome
or traumatic brain  injury;  (3)  beds  associated
with a continuing  care  facility which guarantees
life  care  for   its   residents  as  defined  in
subsection  (e)  of   this   section;   (4)   beds
authorized under a  certificate  of  need  for  an
addition of five  beds  in  a  facility  which has
undertaken the addition  of  ten  beds pursuant to
section   17b-351;  and   (5)   beds   for   which
twenty-five per cent  of  project  costs have been
expended prior to  June  9,  1993, as submitted to
the Office of  Health Care Access in the form of a
report prepared by  a  certified public accountant
having  no  affiliation  with  the  owner  of  the
certificate  of  need  or  the  developer  of  the
project. A certificate  of  need which has expired
pursuant to this subsection may be reauthorized by
the Office of  Health  Care  Access, provided need
for nursing home  beds  exists and twenty per cent
or more of the project costs have been expended by
June 9, 1993.  A request for reauthorization shall
be submitted to  the  Office of Health Care Access
no later than  July  15,  1993.  The  office shall
issue a decision on such request within forty-five
days  of receipt  of  documentation  necessary  to
determine   expended   project    costs.   Project
expenditures shall cease  from June 9, 1993, until
reauthorization by the office. Evidence of project
costs expended shall be submitted in the form of a
report prepared by  a  certified public accountant
having  no  affiliation  with  the  owner  of  the
certificate  of  need  or  the  developer  of  the
project. For the  purposes  of this section, "need
for  nursing  home   beds"   means   there   is  a
demonstrated bed need  in  the towns within twenty
miles  of  the  town  in  which  the  facility  is
proposed to be  located, including the town of the
proposed location, as listed in the March 1, 1974,
official mileage table  of  the  Public  Utilities
Commission. Bed need  shall  be  projected no more
than five years  into  the  future at ninety-seven
and one-half per  cent  occupancy using the latest
official population projections by town and age as
published by the  Office  of Policy and Management
and the latest  available nursing home utilization
statistics by age  cohort  from  the Department of
Public   Health.  For   the   purposes   of   this
subsection,  "project  costs"  means  the  capital
costs approved by the Office of Health Care Access
in the certificate  of need, exclusive of the cost
of land acquisition.  Owners  of  certificates  of
need for nursing  home beds which have expired may
apply to the  Commissioner  of Social Services for
compensation on or  after  June  29,  1993, but no
later than September  1,  1993.  Such compensation
shall be limited to actual verifiable losses which
directly  result  from   the   expiration  of  the
certificate of need  pursuant  to  this subsection
and which cannot be otherwise recouped through the
mitigating  efforts  of   the   owner,   excluding
consequential and incidental  losses  such as lost
profits. Such compensation  shall  not  exceed  an
amount  approved  by   the   office   within   the
certificate  of  need   unless   the  commissioner
determines it is  reasonable  or cost-effective to
compensate the excess  amount. Notwithstanding any
provision  of  this  subsection,  no  compensation
shall be provided  to an owner of a certificate of
need whose ability to implement the certificate of
need is contingent  on  the  outcome  of  a  legal
action taken against  the  owner  until  the owner
obtains a final  decision  in  his favor. An owner
aggrieved by the amount of compensation determined
by  the commissioner  may  request  a  hearing  in
accordance with the  provisions of sections 17b-61
and 17b-104. The commissioner may so compensate an
owner of a  certificate  of  need for nursing home
beds  who  volunteers   to   relinquish   such   a
certificate, provided the request for compensation
is received by  the commissioner prior to July 15,
1993. The commissioner  shall notify such an owner
as  to  whether  he  will  be  compensated  within
forty-five  days  from   receipt   of   notice  of
voluntary  relinquishment or  forty-five  days  of
June 29, 1993, whichever is later.
    Sec.  3.  Section   19a-639   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) [Except for  (1)  a  program of ambulatory
services established and  conducted  by  a  health
maintenance  organization,  (2)   any   outpatient
rehabilitation facility affiliated with the Easter
Seal Society of  Connecticut,  Inc.,  (3)  a  home
health agency or  (4) a nursing home, home for the
aged, rest home  or  residential  facility for the
mentally  retarded licensed  pursuant  to  section
17a-227 and certified  to participate in the Title
XIX  Medicaid  program  as  an  intermediate  care
facility  for the  mentally  retarded]  EXCEPT  AS
PROVIDED IN SECTION  4  OF  THIS  ACT, EACH HEALTH
CARE FACILITY OR  INSTITUTION,  INCLUDING, BUT NOT
LIMITED TO, any inpatient rehabilitation facility,
[affiliated  with  the   Easter  Seal  Society  of
Connecticut, Inc.,] any  health  care  facility or
institution or any  state  health care facility or
institution   proposing  a   capital   expenditure
exceeding one million  dollars, or the acquisition
of major medical  equipment  requiring  a  capital
expenditure,  as defined  in  regulations  adopted
pursuant to section  19a-643,  AS  AMENDED BY THIS
ACT, in excess  of  four hundred thousand dollars,
including the leasing  OR DONATION of equipment or
a facility, shall submit a request for approval of
such expenditure to  the  office,  with such data,
information and plans  as  the  office requires in
advance of the  proposed  initiation  date of such
project.  [and in  accordance  with  any  schedule
established by the  office  pursuant to subsection
(c) of this section.]
    (b) The office shall [thereupon] hold a public
hearing  with  respect   to   [such  request]  ANY
COMPLETE CERTIFICATE OF  NEED  REQUEST  UNDER THIS
SECTION, at least two weeks' notice of which shall
be given to  the  facility,  [or]  institution  OR
PROVIDER by certified  mail  and  to the public by
publication in a  newspaper  having  a substantial
circulation in the  area  served  by the facility,
[or]  institution OR  PROVIDER.  The  commissioner
shall notify the  Commissioner  of Social Services
of any application that may impact on expenditures
under the state  medical  assistance program. Such
hearing shall be  held  at  the  discretion of the
office in Hartford  or in the area so served OR TO
BE SERVED. The  office shall consider such request
in relation to  the community or regional need for
such capital program  or  purchase  of  land,  the
possible effect on  the  operating  costs  of  the
health care facility or institution and such other
relevant factors as the office deems necessary. In
approving   or   modifying   such   request,   the
commissioner may not prescribe any condition, such
as but not limited to, any condition or limitation
on the indebtedness of the facility or institution
in connection with  a  bond  issue,  the principal
amount of any  bond  issue or any other details or
particulars  related  to  the  financing  of  such
capital expenditure, not  directly  related to the
scope of such  capital  program and within control
of  the facility  or  institution.  An  applicant,
prior  to  submitting   a   certificate   of  need
application, shall SUBMIT  A  request, in writing,
FOR application forms  and  instructions [from] TO
the office. The request shall be known as a letter
of intent. A  letter of intent shall [include: (A)
The name of  the  applicant  or  applicants; (B) a
statement indicating whether  the  application  is
for a new facility, service or function, expansion
of an existing  facility,  service or function and
any new or additional beds and their type; (C) the
estimated capital cost;  (D)  the  town  where the
project  will  be   located;   and   (E)  a  brief
description of the  proposed  project]  CONFORM TO
THE LETTER OF  INTENT  REQUIREMENTS OF SUBDIVISION
(4)  OF SUBSECTION  (a)  OF  SECTION  19a-638,  AS
AMENDED  BY  THIS  ACT.  No  certificate  of  need
application  will  be   considered   [filed  with]
SUBMITTED TO the office unless a current letter of
intent,   specific  to   the   proposal   and   in
[accordance] COMPLIANCE with  this subsection, has
been on file  with  the  office  at least [ninety]
SIXTY days. A current letter of intent is a letter
of intent which  has been on file at the office no
more than one  hundred twenty days. Upon a showing
by such facility  or institution that the need for
such capital program is of an emergency nature, in
that  the  capital  expenditure  is  necessary  to
comply with any  federal,  state  or local health,
fire,   building  or   life   safety   code,   the
commissioner  may  waive   the  letter  of  intent
requirement [and the  requirement that the request
be  submitted  in  accordance  with  any  schedule
established by the  office  pursuant to subsection
(c) of this  section] and that a public hearing be
held, [thereon,] provided  such  request  shall be
submitted at least  ten  business  days before the
proposed  initiation  date  of  the  project.  The
commissioner  shall grant,  modify  or  deny  such
request within ninety  days or within ten business
days, as the  case  may  be,  of  receipt thereof,
except as provided  for  in this section. Upon the
request of the applicant, the review period may be
extended for an  additional  fifteen  days  if the
office   has  requested   additional   information
subsequent  to  the  commencement  of  the  review
period. The commissioner  may  extend  the  review
period  for  a  maximum  of  thirty  days  if  the
applicant  has not  filed,  in  a  timely  manner,
information  deemed  necessary   by   the  office.
Failure of the  office  to act thereon within such
review period shall  be  deemed  approval  of such
request. The ninety-day review period, pursuant to
this  section,  for  an  application  filed  by  a
hospital, as defined  under  section  19a-490  and
licensed  as  a   short-term   acute-care  general
hospital  or  a   children's   hospital   by   the
Department of Public  Health,  shall not apply if,
in the certificate of need application or request,
the hospital projects  [that the implementation of
such application or  request  will  require future
budget adjustments] EITHER (1) THAT, FOR THE FIRST
THREE YEARS OF OPERATION TAKEN TOGETHER, THE TOTAL
IMPACT OF THE PROPOSAL ON THE HOSPITAL'S OPERATING
BUDGET WILL EXCEED  ONE  PER  CENT  OF  THE ACTUAL
OPERATING EXPENSES OF  THE  HOSPITAL  FOR THE MOST
RECENTLY COMPLETED FISCAL  YEAR  AS FILED WITH THE
OFFICE, OR (2)  THAT THE TOTAL CAPITAL EXPENDITURE
FOR  THE  PROJECT   WILL  EXCEED  FIFTEEN  MILLION
DOLLARS.  IF  THE   OFFICE   DETERMINES   THAT  AN
APPLICATION  IS  NOT  SUBJECT  TO  THE  NINETY-DAY
REVIEW  PERIOD PURSUANT  TO  THIS  SUBSECTION,  IT
SHALL REMAIN SO  EXCLUDED FOR THE ENTIRE PERIOD OF
THAT  APPLICATION,  EVEN  IF  THE  APPLICATION  OR
CIRCUMSTANCES CHANGE AND THE APPLICATION NO LONGER
MEETS  THE STATED  TERMS  OF  THE  EXCLUSION.  The
office shall adopt  regulations  to  establish  an
expedited hearing process  to  be  used  to review
requests  by  any   facility  or  institution  for
approval of a  capital expenditure to establish an
energy  conservation program  or  to  comply  with
requirements  of  any   federal,  state  or  local
health, fire, building  or  life  safety  code  OR
FINAL  COURT  ORDER.   The   office   shall  adopt
regulations in accordance  with  the provisions of
chapter 54 to provide for the waiver of a hearing,
for  any part  of  a  request  by  a  facility  or
institution for a  capital  expenditure,  provided
such facility or  institution and the office agree
upon such waiver.
    [(b) Except as  provided for in subsection (a)
of this section, any person]
    (c) NOTWITHSTANDING SECTION  4  OR  5  OF THIS
ACT, EACH PERSON  OR FACILITY, OTHER THAN A HEALTH
CARE OR STATE  HEALTH CARE FACILITY OR INSTITUTION
SUBJECT  TO  SUBSECTION   (a)   OF  THIS  SECTION,
proposing to acquire  OR REPLACE imaging equipment
OR  A  LINEAR  ACCELERATOR,  requiring  a  capital
expenditure,  as defined  in  regulations  adopted
pursuant to section  19a-643,  AS  AMENDED BY THIS
ACT, in excess  of  four hundred thousand dollars,
including  the  leasing   OR   DONATION   of  such
equipment and facility  and  including all capital
expenditures, as defined  in  regulations  adopted
pursuant  to said  section,  associated  with  the
provision of the imaging service OR OPERATION OF A
LINEAR ACCELERATOR, [which  imaging equipment will
not be owned  by  or  located  in  a  health  care
facility  or institution,  or  state  health  care
facility or institution,]  shall  submit a request
for approval of  any  such  imaging  equipment  OR
LINEAR  ACCELERATOR acquisition  pursuant  to  the
provisions of subsection  (a)  of this section. IN
DETERMINING THE CAPITAL COST OR EXPENDITURE FOR AN
APPLICATION UNDER THIS SECTION OR SECTION 19a-638,
AS AMENDED BY  THIS  ACT, THE OFFICE SHALL USE THE
GREATER  OF (1)  THE  FAIR  MARKET  VALUE  OF  THE
EQUIPMENT AS IF  IT  WERE TO BE USED FOR FULL-TIME
OPERATION, WHETHER OR  NOT  THE EQUIPMENT IS TO BE
USED, SHARED OR  RENTED  ON  A PART-TIME BASIS, OR
(2) THE TOTAL  VALUE OR ESTIMATED VALUE DETERMINED
BY THE OFFICE  OF  ANY  CAPITALIZED LEASE COMPUTED
FOR A THREE-YEAR PERIOD. EACH METHOD SHALL INCLUDE
THE COSTS OF  ANY  SERVICE OR FINANCING AGREEMENTS
PLUS ANY OTHER COST COMPONENTS OR ITEMS THE OFFICE
SPECIFIES  IN REGULATION,  ADOPTED  IN  ACCORDANCE
WITH CHAPTER 54, OR DEEMS APPROPRIATE.
    [(c)] (d) Notwithstanding  the  provisions  of
section  19a-638,  AS  AMENDED  BY  THIS  ACT,  or
subsection (a) of this section, [any] NO community
health center, as  defined  in  section  19a-490a,
shall [not] be  subject  to the provisions of said
SECTION 19a-638 OR  SAID  subsection  (a)  if  the
community  health  center   is:  (1)  Proposing  a
capital  expenditure  not  exceeding  one  million
dollars, [and] (2)  EXCLUSIVELY  PROVIDING PRIMARY
CARE  OR  DENTAL   SERVICES  AND  (3)  EITHER  (A)
one-third  or more  of  the  cost  of  [such]  THE
PROPOSED  project is  financed  by  the  state  of
Connecticut,  [or] (B)  THE  PROPOSED  PROJECT  IS
receiving  funds from  the  Department  of  Public
Health,  [and] OR  (C)  THE  PROPOSED  PROJECT  is
located  in an  area  designated  by  the  federal
Health Resources and  Services Administration as a
health  professional shortage  area,  a  medically
underserved  area or  an  area  with  a  medically
underserved  population.  EACH   COMMUNITY  HEALTH
CENTER SEEKING AN  EXEMPTION UNDER THIS SUBSECTION
SHALL  PROVIDE  THE   OFFICE   WITH  DOCUMENTATION
VERIFYING,  TO THE  SATISFACTION  OF  THE  OFFICE,
QUALIFICATION FOR THIS  EXEMPTION.  EACH COMMUNITY
HEALTH CENTER PROPOSING  TO  PROVIDE  ANY  SERVICE
OTHER THAN A PRIMARY CARE OR DENTAL SERVICE AT ANY
LOCATION, INCLUDING A  DESIGNATED COMMUNITY HEALTH
CENTER LOCATION, SHALL  FIRST OBTAIN A CERTIFICATE
OF NEED FOR  SUCH ADDITIONAL SERVICE IN ACCORDANCE
WITH THIS SECTION  AND SECTION 19a-638, AS AMENDED
BY  THIS ACT.  EACH  SATELLITE  OR  SUBSIDIARY  OR
RELATED ENTITY OF  A  FEDERALLY  QUALIFIED  HEALTH
CENTER, IN ORDER  TO  QUALIFY UNDER THIS EXEMPTION
SHALL: (i) BE PART OF A FEDERALLY QUALIFIED HEALTH
CENTER,  THAT  MEETS   THE  REQUIREMENTS  OF  THIS
SUBSECTION, (ii) EXCLUSIVELY  PROVIDE PRIMARY CARE
OR DENTAL SERVICES  AND  (iii)  BE  LOCATED  IN  A
HEALTH PROFESSIONAL SHORTAGE  AREA  OR A MEDICALLY
UNDERSERVED AREA. IF  THE  SUBSIDIARY OR SATELLITE
DOES NOT SO QUALIFY, IT SHALL OBTAIN A CERTIFICATE
OF NEED OR,  IF APPLICABLE, A WAIVER UNDER SECTION
5 OF THIS ACT.
    [(d)] (e) In  conducting  its activities under
this section [and]  OR section 19a-638, AS AMENDED
BY THIS ACT,  the  office  may  hold  hearings  on
applications of a similar nature at the same time.
[The office may  adopt  regulations  in accordance
with the provisions  of chapter 54, to establish a
schedule for the  submission  of such applications
which (1) requires applications to be submitted in
cycles that allow  applications  to  be  heard and
reviewed at times when hospital budget reviews are
not in progress,  and  (2)  may  provide  for  all
completed applications pertaining to similar types
of services, facilities or equipment affecting the
same  health service  area  to  be  considered  in
relation to each other and reviewed at least twice
a year.]
    Sec. 4. (NEW)  (a)  The  provisions of section
19a-638 of the  general  statutes,  as  amended by
this act, and subsection (a) of section 19a-639 of
the general statutes,  as  amended  by  this  act,
shall not apply  to:  (1)  An outpatient clinic or
program operated exclusively  by, or contracted to
be operated exclusively  for,  a  municipality  or
municipal agency, a health district, as defined in
section 19a-240 of  the  general  statutes,  or  a
board of education; (2) a nursing home; (3) a home
for the aged;  (4)  a rest home; (5) a residential
facility  for  the   mentally   retarded  licensed
pursuant  to  section   17a-227   of  the  general
statutes and certified to participate in the Title
XIX  Medicaid  program  as  an  intermediate  care
facility for the  mentally retarded; or (6) a home
health  agency. When  a  facility  or  institution
otherwise exempt under this subsection is, or will
be, created, acquired,  operated  or  in any other
way related to  or  affiliated  with, or under the
complete or partial  ownership  or  control  of  a
facility or institution  or related entity subject
to  the  provisions  of  section  19a-638  of  the
general  statutes, as  amended  by  this  act,  or
subsection (a) of  section  19a-639 of the general
statutes, as amended  by  this act, the exemptions
in this section shall not apply.
    (b) (1) The  provisions  of section 19a-638 of
the general statutes,  as amended by this act, and
subsection (a) of  section  19a-639 of the general
statutes, as amended  by this act, shall not apply
to:  (A)  An   outpatient  rehabilitation  service
agency operated exclusively on an outpatient basis
and  eligible, or  whenever  operational  will  be
eligible, to receive  reimbursement  under section
17b-243 of the  general  statutes;  (B) a clinical
laboratory;  (C)  an   assisted   living  services
agency;  (D)  a   primary  care  clinic  owned  or
operated by a  nonprofit corporation that does not
charge for any  service  at  that  clinic;  (E)  a
satellite clinic that is (i) operated for not more
than  sixteen  hours   per  week  by  an  existing
facility licensed on  or  before  July 1, 1997, by
the Department of  Public Health or the Department
of Children and  Families,  and (ii) offering only
outpatient  primary,  preventive,  dental,  mental
health  or  substance   abuse  services,  or  some
combination  thereof; (F)  an  outpatient  service
offering chronic dialysis;  or  (G)  a  program of
ambulatory services established and conducted by a
health maintenance organization.  (2)  Each health
care facility or  institution  exempted under this
subsection  shall  register  with  the  office  by
filing the information required by subdivision (4)
of  subsection  (a)  of  section  19a-638  of  the
general statutes, as  amended  by  this act, for a
letter of intent  at  least  ten business days but
not  more  than   sixty  calendar  days  prior  to
commencing  operations  and   prior  to  changing,
expanding, terminating or  relocating any facility
or  service covered  by  section  19a-638  of  the
general  statutes, as  amended  by  this  act,  or
subsection (a) of  section  19a-639 of the general
statutes, as amended  by this act, except that, if
the facility or institution is in operation on the
effective date of this act, said information shall
be filed not more than sixty days after said date.
Not later than  ten business days after the office
receives a completed  filing  required  under this
subsection, the office  shall  provide  the health
care   facility  or   institution   with   written
acknowledgement  of receipt.  Such  acknowledgment
shall constitute permission  to operate or change,
expand, terminate or  relocate  such a facility or
institution or to  make  an expenditure consistent
with an authorization  received  under  subsection
(a) of said section 19a-639.
    Sec. 5. (NEW)  The  Commissioner of the Office
of Health Care Access or his designee may waive or
grant  an  exemption   from  the  requirements  of
section  19a-638  of   the  general  statutes,  as
amended by this  act, or subsection (a) of section
19a-639 of the  general  statutes,  as  amended by
this  act,  for   any   facility,  institution  or
provider  seeking  to   engage   in  any  activity
otherwise subject to  said  section  or subsection
if: (1) The  facility,  institution or provider is
proposing a capital  expenditure  of not more than
one million dollars  and  the expenditure does not
in  fact  exceed  one  million  dollars;  (2)  the
activity meets a  specific service need identified
by a state  agency or the Judicial Department; and
(3) the commissioner  of  the  state agency or the
Chief Court Administrator  that has identified the
specific need, confirms, in writing, to the office
that (A) the agency or department has identified a
specific need and the need continues to exist, (B)
the activity in  question meets all or part of the
identified  need,  (C)   in  the  case  where  the
activity  is  the  relocation  or  termination  of
services, the agency  or department has determined
that the needs  of the area previously served will
continue to be  met  in  a  better or satisfactory
manner, (D) in  the case where the activity is the
transfer  of all  or  part  of  the  ownership  or
control of a  facility or institution or to change
the powers of  the members of a board of trustees,
the  agency or  department  has  investigated  the
proposed  change  and   the   person   or   entity
requesting the change  and has determined that the
change would be in the best interests of the state
and the patients  or clients, and (E) the activity
will  be  cost-effective   and   well  managed.  A
facility,  institution  or   provider  seeking  an
exemption under this  section  shall  provide  the
office with any  information it needs to determine
exemption eligibility. An  exemption granted under
this section shall  be  limited  to  any services,
equipment,  expenditures  or   location   directly
related to the  need  or  location  that the state
agency or Judicial  Department has identified. The
office may revoke  or  modify  the  scope  of  the
exemption,  at  any  time,  to  address  specific,
identified, changed conditions or any problems the
state agency, Judicial  Department  or  the office
has  identified.  A   party   to   any   exemption
modification or revocation shall be given at least
fourteen calendar days written notice prior to any
action by the  office, and shall be furnished with
a copy, if  any,  of  a revocation or modification
request  or a  statement  by  the  office  of  the
problems that have  been brought to its attention,
unless the requesting  commissioner  or  the Chief
Court Administrator certifies  that  an  emergency
condition exists, in  which  case only forty-eight
hours written notice is required.
    Sec. 6. Subsection  (a)  of section 19a-653 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  (1)  Any   [health   care   facility   or
institution, or] health  care provider which owns,
operates or is seeking to acquire a [CAT] COMPUTER
AXIAL  TOMOGRAPHY  (CT)   scanner,   [or]  medical
imaging equipment, OR  A LINEAR ACCELERATOR OR ANY
HEALTH CARE FACILITY, INSTITUTION OR PROVIDER THAT
IS required to  file  data  under chapter 368z, or
any regulation adopted or order issued thereunder,
which fails to  so  file  within  prescribed  time
periods, shall be subject to a civil penalty of up
to one thousand  dollars  a  day for each day such
information is missing,  incomplete or inaccurate.
Any civil penalty authorized by this section shall
be imposed by  the Office of Health Care Access in
accordance with subsections (b) to (e), inclusive,
of this section.
    (2) FAILURE TO  COMPLY  WITH THE PROVISIONS OF
SECTION 19a-638, AS  AMENDED BY THIS ACT, 19a-639,
AS AMENDED BY THIS ACT, SECTION 4 OR 5 OF THIS ACT
OR ANY REGULATIONS ADOPTED OR ORDERS ISSUED BY THE
OFFICE IN ACCORDANCE WITH ANY PROVISION OF CHAPTER
54 OR 368z, SHALL SUBJECT EACH OFFENDER TO A CIVIL
PENALTY OF UP  TO  TWO  HUNDRED  FIFTY DOLLARS PER
DAY.  ANY  CIVIL   PENALTY   AUTHORIZED   BY  THIS
SUBDIVISION SHALL BE  IMPOSED  IN  ACCORDANCE WITH
SUBSECTIONS  (b)  TO   (e),   INCLUSIVE,  OF  THIS
SECTION.  IF  A  VIOLATION  IS  ONGOING,  A  CIVIL
PENALTY  OR  SERIES  OF  CIVIL  PENALTIES  MAY  BE
IMPOSED  PERIODICALLY SO  LONG  AS  THE  VIOLATION
EXISTS OR CONTINUES,  WITHOUT  FURTHER PROCEEDINGS
UNDER SUBSECTIONS (b)  TO  (e), INCLUSIVE, OF THIS
SECTION,  PROVIDED  THE   ORIGINAL  CIVIL  PENALTY
IMPOSITION PROCESS WAS  IN  ACCORDANCE  WITH  SAID
SUBSECTIONS (b) TO (e), INCLUSIVE. IF AN APPLICANT
OR PROVIDER IS  UNSURE  WHETHER  A  CERTIFICATE OF
NEED IS REQUIRED UNDER SECTION 19a-638, AS AMENDED
BY THIS ACT,  OR  19a-639, AS AMENDED BY THIS ACT,
IT SHALL SEND  A  LETTER  TO THE OFFICE DESCRIBING
THE PROJECT AND  REQUESTING  THAT  THE OFFICE MAKE
SUCH A DETERMINATION.  A  PERSON  MAKING A REQUEST
FOR A DETERMINATION AS TO WHETHER A CERTIFICATE OF
NEED,  WAIVER  OR  EXEMPTION  IS  REQUIRED,  SHALL
PROVIDE THE OFFICE WITH ANY INFORMATION THE OFFICE
REQUESTS AS PART OF ITS DETERMINATION PROCESS.
    Sec. 7. Subsection  (c)  of section 19a-643 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) The regulations  adopted  by the Office of
Health   Care  Access   concerning   requests   or
proposals  pursuant  to   [sections  19a-638  and]
SECTION 19a-639, AS  AMENDED  BY  THIS  ACT, shall
include a fee  schedule  for  certificate  of need
review  under section  [19a-638  or]  19a-639,  AS
AMENDED BY THIS  ACT.  The  fee schedule shall (1)
contain a minimum  filing fee for all applications
under  said [sections]  SECTION  19a-639,  (2)  be
based   on   a   percentage   of   the   requested
authorization in addition  to  the  minimum filing
fee, and (3)  apply  to  new requests and requests
for modification of  prior  decisions  [under said
sections]  IF  THE   MODIFICATION  REQUEST  HAS  A
PROPOSED ADDITIONAL COST  OF  ONE HUNDRED THOUSAND
DOLLARS OR MORE  BEYOND THE ORIGINAL AUTHORIZATION
AMOUNT, OR IF  THE MODIFICATION REQUEST AGGREGATED
WITH ANY OTHER  PRIOR MODIFICATION REQUESTS TOTALS
ONE HUNDRED THOUSAND  DOLLARS  OR  MORE.  The  fee
schedule shall be  reviewed  annually and adjusted
as necessary.
    Sec. 8. Subsection  (b) of section 17a-451b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  Notwithstanding  the  provisions  of  the
general  statutes  or   any   special   act,   the
consolidation program, each  project, each closure
and each contract  entered into in connection with
a project shall  be  exempt from the provisions of
sections 4b-58 and 4b-91 and from the requirements
for approval of  a request or application provided
for in [subsections  (a)  to  (d),  inclusive, of]
section 19a-638, AS  AMENDED  BY  THIS ACT, and in
subsection (a) of  section  19a-639, AS AMENDED BY
THIS ACT, provided (1) the project begins no later
than June 30,  1998;  (2) the project is completed
no later than  June  30, 2000; (3) the cost of the
project does not  exceed  twenty  million dollars;
and (4) the  Commissioner  of  Mental  Health  and
Addiction Services certifies  in  writing  to  the
Secretary of the  Office  of Policy and Management
that the project  meets the criteria of public act
95-257* and upon  such certification the Secretary
of  the Office  of  Policy  and  Management  shall
authorize  the Commissioner  of  Public  Works  to
implement such project.
    Sec. 9. Subsection  (b) of section 17a-451c of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  Notwithstanding  any   provision  of  the
general statutes or  any  special  act, a priority
mental health facility  project  and each contract
entered into in connection with a project shall be
exempt from the  provisions  of sections 4b-58 and
4b-91 and from  the requirements for approval of a
request   or   application    provided    for   in
[subsections (a) to  (d),  inclusive,  of] section
19a-638, AS AMENDED BY THIS ACT, and in subsection
(a) of section  19a-639,  AS  AMENDED BY THIS ACT,
and  [sections]  22a-1   to   22a-1h,   inclusive,
provided: (1) The  project  begins  no  later than
October 1, 1996;  (2)  the project is completed no
later than July  1,  1998;  (3)  the  cost  of the
project does not  exceed  twenty  million dollars;
and (4) the  Commissioner  of  Mental  Health  and
Addiction Services certifies  in  writing  to  the
Secretary of the  Office  of Policy and Management
that  the  project  meets  the  criteria  of  this
section and upon  such certification the Secretary
of the Office  of Policy and Management authorizes
the Commissioner of Public Works to implement such
project.
    Sec. 10. Subsection  (b) of section 17b-351 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) The General  Assembly  finds  evidence  of
insufficient need for  all  the  nursing home beds
permitted  pursuant  to  subsection  (a)  of  this
section, but not  licensed  by  the  Department of
Public Health and  finds allowing unnecessary beds
to be licensed  will  result  in severely damaging
economic  consequences  to   the   state   and  to
consumers. An addition  of beds initiated pursuant
to this section  shall  be  licensed no later than
June 9, 1993.  A  facility which has initiated the
addition of beds but has not obtained licensure of
such beds, may, no later than July 15, 1993, apply
to  the  Office   of   Health   Care   Access  for
authorization to proceed  with  completion  of the
additional  beds and  application  for  licensure,
provided (A) plans  for  the  additional beds have
been approved by  the  Department of Public Health
pursuant to section 19-13-D-8t(v)(4) of the Public
Health Code no  later  than  June 1, 1993, and (B)
twenty-five per cent  of  estimated  project costs
have been expended  no  later  than  June 9, 1993,
provided project costs  may  not exceed thirty-one
thousand two hundred  eleven  dollars per bed. The
office shall issue  a decision on such application
within forty-five days of receipt of documentation
necessary  to determine  expended  project  costs.
Evidence  of  project   costs  expended  shall  be
submitted in the  form  of  a report prepared by a
certified public accountant  having no affiliation
with the owner of the facility or the developer of
the project. The  owner  of  a  facility for which
completion of additional beds is not so authorized
may apply to  the  Commissioner of Social Services
for compensation on or after June 29, 1993, but no
later than September  1,  1993, provided plans for
the additional beds  have  been  approved  by  the
Department of Public  Health no later than June 1,
1993. Such compensation shall be limited to actual
verifiable losses which  directly  result from the
failure to gain  authorization  pursuant  to  this
subsection and which  cannot be otherwise recouped
through  the  mitigating  efforts  of  the  owner,
excluding consequential and incidental losses such
as lost profits. In no event may such compensation
exceed project costs.  An  owner  aggrieved by the
amount   of   compensation   determined   by   the
commissioner may request  a  hearing in accordance
with the provisions of sections 17b-60 and 17b-61.
[This subsection shall  not  apply to any addition
of beds pursuant  to this section which is part of
a  construction  project  that  also  includes  an
addition   of   beds    authorized   pursuant   to
subdivision  (4)  of  subsection  (k)  of  section
19a-638.]
    Sec. 11. Subsection  (a) of section 17b-353 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) Any facility, as defined in subsection (a)
of  section  17b-352,  which  proposes  a  capital
expenditure exceeding one  million  dollars or the
acquisition of major medical equipment requiring a
capital  expenditure in  excess  of  four  hundred
thousand  dollars,  including   the   leasing   of
equipment or space,  shall  submit  a  request for
approval   of   such    expenditure,   with   such
information as the  department  requires,  to  the
Department of Social  Services.  Any such facility
which  proposes  to   acquire   imaging  equipment
requiring a capital  expenditure in excess of four
hundred thousand dollars, including the leasing of
such equipment, shall  obtain  the approval of the
Office of Health  Care  Access  in accordance with
[subsection (b) of] section 19a-639, AS AMENDED BY
THIS ACT, subsequent  to obtaining the approval of
the Commissioner of Social Services.
    Sec. 12. Subsection (c) of section 19a-612b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) Any order, decision, agreed settlement, or
regulation  of the  Commission  on  Hospitals  and
Health Care which  is  in  force on June 30, 1995,
shall continue in  force and effect as an order or
regulation of the  Office  of  Health  Care Access
until amended, repealed  or superseded pursuant to
law. The Commissioner  of  Health  Care Access may
implement policies and  procedures consistent with
the provisions of section 4-5, sections 19a-612 to
19a-614,  inclusive,  AS   AMENDED  BY  THIS  ACT,
[subsection (a) of] section 19a-630, AS AMENDED BY
THIS  ACT,  subsection  (b)  of  section  19a-631,
sections  19a-632  [,  19a-633  and]  TO  19a-634,
[subsection (b) of section] INCLUSIVE, 19a-638, AS
AMENDED  BY  THIS  ACT,  and  [subsection  (a)  of
section] 19a-639, AS AMENDED BY THIS ACT, while in
the process of adopting the policy or procedure in
regulation form, provided  notice  of intention to
adopt   the  regulations   is   printed   in   the
Connecticut  Law Journal  within  twenty  days  of
implementation. The policy  or  procedure shall be
valid  until  the   time   final  regulations  are
effective.
    Sec. 13. This  act  shall take effect from its
passage.

Vetoed June 26, 1997