On March 16, Connecticut agencies released two important guidance documents for state health care providers and organizations confronting the COVID-19 pandemic:

  1. The Connecticut Office of Health Strategy (OHS) – the entity responsible for overseeing Certificate of Need reviews and approvals – issued new CON Guidance that allows OHS to temporarily waive CON review requirements of transactions intended to promote the State’s response and management of COVID-19. The Guidance also mandates that all public hearings related to pending CON projects will be conducted remotely until further notice, with further guidance to follow for specific parties.

a. In order to receive a temporary waiver of CON review, applicants must submit a letter describing the project to OHS Director Vicki Veltri that describes the proposal (including how it will support or enhance the State’s ability to manage COVID-19), and includes an attestation that any facility, service or equipment covered by the waiver is intended to be used to manage or treat COVID-19.
b. OHS will review and issue a decision within 24 business hours of receipt of a complete request for a waiver.
c. Waivers of CON requirements issued by OHS under this Guidance will only be effective until the public health emergency is lifted by Governor Lamont, at which time continued use of the facilities or equipment would require a CON application (if applicable).

2. The Department of Public Health issued new Guidance with “important information” for Physicians, Advanced Practice Registered Nurses, Physician Assistants, and Nurses on the current management and treatment of the COVID-19 outbreak in Connecticut. The DPH Guidance includes the following information:

a. Guidance for outpatient evaluations of patients with possible COVID-19;
b. Strategies for preserving and efficiently using protective equipment;
c. Ideas for alternative models of care delivery, such as telemedicine;
d. Guidance for hospital evaluations of patients with possible COVID-19; and
e. Case reporting of positive patients to DPH.

Health care providers and organizations in Connecticut would be well-advised to review the guidance and consider whether a temporary CON waiver may be necessary or helpful in connection with efforts to combat the COVID-19 outbreak.

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Photo of Conor Duffy Conor Duffy

Conor Duffy is a member of Robinson+Cole’s Health Law Group and the firm’s Data Privacy + Security Team. Mr. Duffy advises hospitals, physician groups, accountable care organizations, community providers, post-acute care providers, and other health care entities on general corporate matters and health…

Conor Duffy is a member of Robinson+Cole’s Health Law Group and the firm’s Data Privacy + Security Team. Mr. Duffy advises hospitals, physician groups, accountable care organizations, community providers, post-acute care providers, and other health care entities on general corporate matters and health care issues. He provides legal counsel on a full range of transactional and regulatory health law issues, including contracting, licensure, mergers and acquisitions, the False Claims Act, the Stark Law, Medicare and Medicaid fraud and abuse laws and regulations, HIPAA compliance, state breach notification requirements, and other health care regulatory matters. Read his full rc.com bio here.

Photo of Melissa (Lisa) Thompson Melissa (Lisa) Thompson

Lisa Thompson advises companies, senior management, and boards of directors, with a focus on the health care, life sciences, technology, and food and beverage industries. She is a member of the firm’s Health Law Group, Government Investigations, Food and Beverage Industry Group, and…

Lisa Thompson advises companies, senior management, and boards of directors, with a focus on the health care, life sciences, technology, and food and beverage industries. She is a member of the firm’s Health Law Group, Government Investigations, Food and Beverage Industry Group, and Data Privacy + Cybersecurity Team. Lisa is co-chair of the Health Law Section of the Boston Bar Association. She also serves as an international and domestic arbitrator on the Commercial, Life Sciences, and Health Care panels of the American Arbitration Association. She is a member of the AAA Life Sciences Advisory Council and the advisory committee for the Boston International Arbitration Council (BIAC).

Lisa has represented domestic and international clients in the health care, life sciences, technology, and food and beverage industries. Lisa handles a range of matters, including corporate law and contracting, government investigations and audits, clinical research law, and matters involving Institutional Review Boards (IRBs). She has extensive experience representing clients on matters involving privacy and security including HIPAA, reimbursement, Medicare and Medicaid, state and federal surveys and termination actions, managed care disputes, pharmacy and compounding laws, fraud and abuse, Stark Law, anti-kickback, and federal program exclusions. Read her full rc.com bio here.