History: P.A. 77-192 added reference to regulations re requests and proposals pursuant to Secs. 19-73l to 19-73n; P.A.
77-304 added provisions re regulations concerning disclosure of business interests which may have impact on provision
of services; P.A. 77-601 added provision re regulation of home health care, homemaker-home health aide and coordination,
assessment and monitoring agencies; P.A. 81-465 made commission's adoption of regulations to carry out its duties
mandatory rather than optional; Sec. 19-73r transferred to Sec. 19a-160 in 1983; P.A. 83-3 substituted reference to Sec.
19a-157 for reference to Sec. 19a-156; P.A. 84-57 added the requirement to adopt regulations to carry out the provisions
of "sections 19a-161 and 19a-162"; P.A. 89-371 added reference to Sec. 19a-167e, removed an obsolete reference and
added language concerning affiliates; P.A. 91-48 removed language directing the commission to adopt regulations requiring
full disclosure of business interests which directly or indirectly relate to nursing home operations; Nov. Sp. Sess. P.A. 91-2 added Subsec. (b) giving commission authority to adopt regulations for the chapter and made technical change in Subsec.
(a); May Sp. Sess. P.A. 92-6 added new Subsec. (c) providing authority for the commission to adopt regulations concerning
fees imposed on requests or proposals pursuant to Secs. 19a-154 and 19a-155 and to specify requirements for the fee
schedule; P.A. 93-262 removed provision requiring the commission to adopt regulations concerning approval of coordination, assessment and monitoring agencies and regulations concerning rate review of home health care agencies and information based upon recommendations of the commissioner on aging, effective July 1, 1993; P.A. 95-257 replaced Commission
on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995; Sec. 19a-160 transferred to Sec.
19a-643 in 1997; P.A. 98-150 amended Subsec. (c) by adding condition that modification request have one hundred
thousand dollar limit and deleting references to Sec. 19a-638, effective June 5, 1998; P.A. 05-151 amended Subsec. (a)
by removing reference to repealed Sec. 19a-640 and providing that authority to approve operating budgets rests with
facilities and institutions, not with Office of Health Care Access.
Sec. 19a-645. (Formerly Sec. 19a-162). Taking of land to enlarge hospitals. A
nonprofit hospital, licensed by the Department of Public Health, which provides lodging,
care and treatment to members of the public, and which wishes to enlarge its public
facilities by adding contiguous land and buildings thereon, if any, the title to which it
cannot otherwise acquire, may prefer a complaint for the right to take such land to the
superior court for the judicial district in which such land is located, provided such hospital shall have received the approval of the Office of Health Care Access under section
19a-639. Said court shall appoint a committee of three disinterested persons, who, after
examining the premises and hearing the parties, shall report to the court as to the necessity
and propriety of such enlargement and as to the quantity, boundaries and value of the
land and buildings thereon, if any, which they deem proper to be taken for such purpose
and the damages resulting from such taking. If such committee reports that such enlargement is necessary and proper and the court accepts such report, the decision of said
court thereon shall have the effect of a judgment and execution may be issued thereon
accordingly, in favor of the person to whom damages may be assessed, for the amount
thereof; and, on payment thereof, the title to the land and buildings thereon, if any, for
such purpose shall be vested in the complainant, but such land and buildings thereon,
if any, shall not be taken until such damages are paid to such owner or deposited with
said court, for such owner's use, within thirty days after such report is accepted. If such
application is denied, the owner of the land shall recover costs of the applicant, to be
taxed by said court, which may issue execution therefor. Land so taken shall be held by
such hospital and used only for the public purpose stated in its complaint to the superior
court. No land dedicated or otherwise reserved as open space or park land or for other
recreational purposes and no land belonging to any town, city or borough shall be taken
under the provisions of this section.
(P.A. 73-582, S. 1; P.A. 77-614, S. 323, 610; P.A. 81-465, S. 12, 18; P.A. 82-472, S. 63, 183; P.A. 89-371, S. 20; P.A.
93-381, S. 9, 39; May 25 Sp. Sess. P.A. 94-1, S. 52, 130; P.A. 95-257, S. 12, 21, 39, 58; P.A. 05-151, S. 9.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
81-465 deleted reference to Sec. 19-73n, repealed by the same act; P.A. 82-472 deleted obsolete reference to counties;
Sec. 19-73t transferred to Sec. 19a-162 in 1983; P.A. 89-371 added reference to Secs. 19a-167 to 19a-167g, inclusive;
P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July
1, 1993; May 25 Sp. Sess. P.A. 94-1 removed obsolete language, effective July 1, 1994; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and replaced
Commission on Hospitals and Health Care with Office of Health Care Access, effective July 1, 1995; Sec. 19a-162 transferred to Sec. 19a-645 in 1997; P.A. 05-151 deleted reference to repealed Sec. 19a-640.
Sec. 19a-653. (Formerly Sec. 19a-167j). Failure to file data or information.
Civil penalty. Request for determination of a certificate of need requirement. Notice. Extension. Hearing. Appeal. Deduction from Medicaid payments. (a)(1) Any
person or health care facility or institution that owns, operates or is seeking to acquire
major medical equipment costing over four hundred thousand dollars, or scanning equipment, cineangiography equipment, a linear accelerator or other similar equipment utilizing technology that is developed or introduced into the state on or after October 1,
2005, or any person or health care facility or institution that is required to file data or
information under any public or special act or under this chapter or sections 19a-486 to
19a-486h, inclusive, or any regulation adopted or order issued under this chapter or said
sections, 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) If a person or health care facility or institution is unsure whether a certificate of
need is required under section 19a-638 or section 19a-639, or under both sections, 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.
(b) If the office has reason to believe that a violation has occurred for which a civil
penalty is authorized by subsection (a) of this section, it shall notify the person or health
care facility or institution by first-class mail or personal service. The notice shall include:
(1) A reference to the sections of the statute or regulation involved; (2) a short and plain
statement of the matters asserted or charged; (3) a statement of the amount of the civil
penalty or penalties to be imposed; (4) the initial date of the imposition of the penalty;
and (5) a statement of the party's right to a hearing.
(c) The person or health care facility or institution to whom the notice is addressed
shall have fifteen business days from the date of mailing of the notice to make written
application to the office to request (1) a hearing to contest the imposition of the penalty,
or (2) an extension of time to file the required data. A failure to make a timely request
for a hearing or an extension of time to file the required data or a denial of a request for
an extension of time shall result in a final order for the imposition of the penalty. All
hearings under this section shall be conducted pursuant to sections 4-176e to 4-184,
inclusive. The office may grant an extension of time for filing the required data or
mitigate or waive the penalty upon such terms and conditions as, in its discretion, it
deems proper or necessary upon consideration of any extenuating factors or circumstances.
(d) A final order of the office assessing a civil penalty shall be subject to appeal as
set forth in section 4-183 after a hearing before the office pursuant to subsection (c) of
this section, except that any such appeal shall be taken to the superior court for the
judicial district of New Britain. Such final order shall not be subject to appeal under
any other provision of the general statutes. No challenge to any such final order shall
be allowed as to any issue which could have been raised by an appeal of an earlier order,
denial or other final decision by the office.
(e) If any person or health care facility or institution fails to pay any civil penalty
under this section, after the assessment of such penalty has become final the amount of
such penalty may be deducted from payments to such person or health care facility or
institution from the Medicaid account.
(P.A. 88-230, S. 1, 12; P.A. 89-371, S. 28, 31; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; May 25 Sp. Sess. P.A. 94-1, S. 120, 130; P.A. 95-160, S. 55, 69; 95-220, S. 4-6; 95-257, S. 39, 58; P.A. 96-139, S. 12, 13; P.A. 98-150, S. 8, 17;
P.A. 99-172, S. 5, 7; 99-215, S. 24, 29; P.A. 05-151, S. 10.)
History: May 25 Sp. Sess. P.A. 94-1 removed obsolete language and added reference to Secs. 19a-170 to 19a-170g,
inclusive, in Subsec. (a), effective July 1, 1994 (Revisor's note: The last sentence of Subsec. (a) which reads "Any civil
penalty authorized by this section shall be imposed by the Commission on Hospitals and Health Care in accordance with
subsection (b) of this section." was omitted from the amendment to Subsec. (a) but in the absence of any indication that
the General Assembly intended to delete this sentence it has been treated as a clerical error and reinstated by the Revisors);
P.A. 95-160 amended Subsec. (a) to add health care providers who own, operate, or seek to acquire CAT scan or medical
imaging equipment, increase the penalty from two hundred fifty to one thousand dollars, made technical changes, broadened
application of section to all of chapter 368c and 368z, deleted Subsecs. (b) to (d) and replaced them with new (b) to (e) re
procedure for application of penalty, effective June 1, 1995 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220
authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1995 public and
special acts, effective September 1, 1998); P.A. 95-257 replaced Commission on Hospitals and Health Care with Office
of Health Care Access, effective July 1, 1995; P.A. 96-139 changed effective date of P.A. 95-160 but without affecting
this section; Sec. 19a-167j transferred to Sec. 19a-653 in 1997; P.A. 98-150 amended Subsec. (a) by deleting "health care
facility or institution" concerning owning, operating or seeking to acquire equipment and adding it concerning filing data,
added "or information under any public or special act", adding linear accelerators and adding Subdiv. (2) re request as to
whether certificate of need is required and made technical changes, effective June 5, 1998; P.A. 99-172 added reference
to "person" in Subsecs. (a), (c) and (e) and made technical changes in Subsecs. (b), (c) and (e), effective June 23, 1999;
P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (d), effective June
29, 1999; P.A. 05-151 amended Subsec. (a) by extending the civil penalty for failure to file certificate of need data or
information with office to non-profit hospitals seeking to become for-profit hospitals and to "any person or health care
facility or institution", rather than "any health care provider", and by broadening the type of major medical and scanning
equipment that triggers the filing requirement, amended Subsec. (c) by extending the deadline for requesting a public
hearing to contest the penalty from ten calendar days to fifteen business days after office mails the notice of violation and
penalty to be imposed, and made conforming changes in Subsecs. (b), (c) and (e).
Sec. 19a-676. (Formerly Sec. 19a-170c). Compliance with authorized revenue
limits. On or before February twenty-eighth of each year, for the preceding fiscal year,
each hospital shall submit to the office, in the form and manner prescribed by the office,
the data specified in regulations adopted by the commissioner in accordance with chapter
54, the audit required under section 19a-649 and any other data required by the office,
including hospital budget system data for the hospital's twelve months' actual filing
requirements. The Commissioner of Health Care Access may, at the commissioner's
discretion, extend the deadline for submitting such audit and other data beyond February
twenty-eighth.
(P.A. 94-9, S. 29, 41; 94-174, S. 11, 12; P.A. 95-160, S. 59, 69; 95-257, S. 39, 58; P.A. 96-139, S. 12, 13; 96-238, S.
1, 2, 25; P.A. 05-151, S. 11.)
History: P.A. 94-9 effective April 1, 1994; P.A. 94-174 amended Subsecs. (a) and (b) to eliminate hospitals' compliance
payments for hospital fiscal years 1993 and 1994 and for January 1, 1995, to September 1, 1995, and subsequent fiscal
years if a hospital exceeds its authorized net revenue limit, the excess shall be deducted from its net revenue limit in the
next fiscal year or may be deducted from the hospital's disproportionate share-emergency assistance payments, effective
June 6, 1994; P.A. 95-160 amended Subsecs. (a) and (b) to allow the Department of Social Services, in consultation with
the Office of Policy and Management, to determine whether compliance shall be (1) deducted from the subsequent year's
net revenue limit, (2) paid into the general fund or (3) deducted from payments to the hospital's Medicaid account, (2) and
(3) being new Subdivs., effective June 1, 1995; P.A. 95-257 replaced Commission on Hospitals and Health Care with
Office of Health Care Access, effective July 1, 1995; P.A. 96-139 changed effective date of P.A. 95-160 but without affecting
this section; P.A. 96-238 added Subsec. (b) exemption to making payments on an equal quarterly basis commencing
fiscal year October 1, 1995, effective July 1, 1996, and further amended section to eliminate all revenue-limit compliance
requirements except for data submission, effective October 1, 1997; Sec. 19a-170c transferred to Sec. 19a-676 in 1997;
P.A. 05-151 required hospitals to submit, by February twenty-eighth of each year, audit and other data, including the
"twelve months' actual filing requirements" and authorized commissioner to extend the deadline for submission of such
audit and other data, effective July 1, 2005.
Sec. 19a-681. Filing of current pricemaster. Charges to be in accordance with
schedule of charges on file. Penalty. (a) Each hospital shall file with the office its
current pricemaster which shall include each charge in its detailed schedule of charges.
(b) If the billing detail by line item on a patient bill does not agree with the detailed
schedule of charges on file with the office for the date of service specified on the bill,
the hospital shall be subject to a civil penalty of five hundred dollars per occurrence
payable to the state within ten business days of notification. The penalty shall be imposed
in accordance with subsections (b) to (e), inclusive, of section 19a-653. The office may
issue an order requiring such hospital, within ten business days of notification of an
overcharge to a patient, to adjust the bill to be consistent with the schedule of charges
on file with the office for the date of service specified on the patient bill.
(P.A. 95-160, S. 60, 69; 95-257, S. 39, 58; P.A. 96-139, S. 12, 13; P.A. 05-151, S. 12.)
History: P.A. 95-160, S. 60 effective June 1, 1995; P.A. 95-257 replaced Commission on Hospitals and Health Care
with Office of Health Care Access, effective July 1, 1995; P.A. 96-139 changed effective date of P.A. 95-160 but without
affecting this section; P.A. 05-151 amended Subsec. (a) by eliminating requirement that taxes be included in the price of
each item listed on the pricemaster and requiring filing of current pricemaster which shall include a detailed schedule of
charges and made technical changes in Subsec. (b), effective July 1, 2005.
Sec. 19a-682. Additional billing for services rendered from November 1, 1994,
through June 1, 1995. Section 19a-682 is repealed, effective July 1, 2005.
(P.A. 95-160, S. 61, 69; P.A. 96-139, S. 12, 13; 96-238, S. 3, 25; P.A. 05-151, S. 13.)