January Session, 2015
LCO No. 7753
REP. MINER, 66th Dist.
"AN ACT CONCERNING VARIOUS REVISIONS TO THE PUBLIC HEALTH STATUTES. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. Subdivision (11) of section 19a-630 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(11) "Health care facility" means (A) hospitals licensed by the Department of Public Health under chapter 368v; (B) specialty hospitals; (C) freestanding emergency departments; (D) outpatient surgical facilities, as defined in section 19a-493b and licensed under chapter 368v; (E) a hospital or other facility or institution operated by the state that provides services that are eligible for reimbursement under Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended; (F) a central service facility; (G) mental health facilities; (H) substance abuse treatment facilities; (I) school-based health centers; (J) community health centers, as defined in section 19a-490a; (K) not-for-profit outpatient clinics licensed in accordance with the provisions of chapter 368v; (L) federally qualified health centers; and [(I)] (M) any other facility requiring certificate of need review pursuant to subsection (a) of section 19a-638. "Health care facility" includes any parent company, subsidiary, affiliate or joint venture, or any combination thereof, of any such facility.
Sec. 502. Subsection (b) of section 19a-638 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) A certificate of need shall not be required for:
(1) Health care facilities owned and operated by the federal government;
(2) The establishment of offices by a licensed private practitioner, whether for individual or group practice, except when a certificate of need is required in accordance with the requirements of section 19a-493b or subdivision (3), (10) or (11) of subsection (a) of this section;
(3) A health care facility operated by a religious group that exclusively relies upon spiritual means through prayer for healing;
(4) Residential care homes, nursing homes and rest homes, as defined in subsection (c) of section 19a-490;
(5) An assisted living services agency, as defined in section 19a-490;
(6) Home health agencies, as defined in section 19a-490;
(7) Hospice services, as described in section 19a-122b;
(8) Outpatient rehabilitation facilities;
(9) Outpatient chronic dialysis services;
(10) Transplant services;
(11) Free clinics, as defined in section 19a-630, as amended by this act;
[(12) School-based health centers, community health centers, as defined in section 19a-490a, not-for-profit outpatient clinics licensed in accordance with the provisions of chapter 368v and federally qualified health centers; ]
[(13)] (12) A program licensed or funded by the Department of Children and Families, provided such program is not a psychiatric residential treatment facility;
[(14)] (13) Any nonprofit facility, institution or provider that has a contract with, or is certified or licensed to provide a service for, a state agency or department for a service that would otherwise require a certificate of need. The provisions of this subdivision shall not apply to a short-term acute care general hospital or children's hospital, or a hospital or other facility or institution operated by the state that provides services that are eligible for reimbursement under Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended;
[(15)] (14) A health care facility operated by a nonprofit educational institution exclusively for students, faculty and staff of such institution and their dependents;
[(16)] (15) An outpatient clinic or program operated exclusively by or contracted to be operated exclusively by a municipality, municipal agency, municipal board of education or a health district, as described in section 19a-241;
[(17)] (16) A residential facility for persons with intellectual disability licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for individuals with intellectual disabilities;
[(18)] (17) Replacement of existing imaging equipment if such equipment was acquired through certificate of need approval or a certificate of need determination, provided a health care facility, provider, physician or person notifies the office of the date on which the equipment is replaced and the disposition of the replaced equipment;
[(19)] (18) Acquisition of cone-beam dental imaging equipment that is to be used exclusively by a dentist licensed pursuant to chapter 379;
[(20)] (19) The partial or total elimination of services provided by an outpatient surgical facility, as defined in section 19a-493b, except as provided in subdivision (6) of subsection (a) of this section and section 19a-639e;
[(21)] (20) The termination of services for which the Department of Public Health has requested the facility to relinquish its license; or
[(22)] (21) Acquisition of any equipment by any person that is to be used exclusively for scientific research that is not conducted on humans. "
This act shall take effect as follows and shall amend the following sections: