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New Connecticut Legislation Affecting Healthcare Providers and Entities Effective October 1, 2019

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Hospitals and Health Systems, Legislation, Long Term Care and Nursing Homes, Physicians and Allied Health Professionals

Multiple public acts from Connecticut’s 2019 legislative session go into effect on October 1, 2019. Below is a list of public health legislation effective October 1, with links to our previous posts summarizing the acts:

  • Public Act No. 19-89 “An Act Concerning Nursing Home Staffing Levels” (previous post available here).
  • Public Act No. 19-98 “An Act Concerning The Scope Of Practice Of Advanced Practice Registered Nurses” (previous post available here).
  • Public Act No. 19-113 “An Act Concerning the Use of Automatic External Defibrillators” (previous post available here).
…

Connecticut Expands Minors’ Confidential Access to Treatment for HIV and AIDS, Adds Reporting Requirement

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Academic Medical Centers, HIPAA, Hospitals and Health Systems, Legislation, Pharmaceuticals and Biologics, Physicians and Allied Health Professionals

On July 1, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-109 “An Act Concerning The Prevention Of The Human Immunodeficiency Virus” (PA 19-109) which increases access to preventative and prophylactic human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) interventions for minor patients, and adds two exceptions to the confidentiality requirements for HIV/AIDS treatment of a minor patient. The Act is effective July 1, 2019.…

Connecticut Empowers DSS to Expand Medicaid Coverage of Telehealth Services

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Accountable Care Organizations, Healthcare Technology, Hospitals and Health Systems, Legislation, Medicare and Medicaid, Physicians and Allied Health Professionals, Reimbursement, Telehealth, Telemedicine

On June 28, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-76 “An Act Expanding Medicaid Coverage of Telehealth Services” (PA 19-76).  PA 19-76 revises the criteria and process by which the Connecticut Department of Social Services (DSS) determines the telehealth services covered by the Medicaid program. PA 19-76 is effective July 1, 2019.…

Connecticut Revises Physician Assistant Statute to Clarify Collaborative Nature of Practice Relationship Between Physician Assistants and Physicians

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Legislation, Physicians and Allied Health Professionals

On July 9, 2019, Connecticut Governor Ned Lamont signed into law Public Act 19-144, “An Act Concerning A Collaborative Relationship Between Physician Assistants And Physicians” (19-144). This legislation revises the statutory definition of a “physician assistant” (PA) under Connecticut law to provide that a PA functions in a “collaborative” relationship with a physician – not a “dependent” relationship – effective July 1, 2019.  The legislation retains the current requirement that a PA is also an individual licensed under Connecticut law “to provide patient services under the supervision, control, …

Connecticut Expands Scope of Practice for Advanced Practice Registered Nurses

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Commercial Health Insurance, Hospitals and Health Systems, Managed Care, Pharmacy Law, Physicians and Allied Health Professionals

Connecticut Governor Ned Lamont recently signed into law Public Act No. 19-98 “An Act Concerning The Scope Of Practice Of Advanced Practice Registered Nurses” (PA 19-98), which generally expands the scope of practice for Connecticut-licensed advanced practice registered nurses (APRNs). Among other things, PA 19-98 addresses matters related to medical records, emergency treatment, insurance coverage, and workers’ compensation, as further described below. PA 19-98 becomes effective October 1, 2019.…

Connecticut Legislature Modifies Public Health Statutes

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Ambulatory Surgical Centers (ASC), Home Health Agencies, Hospice, Hospitals and Health Systems, Legislation, Long Term Care and Nursing Homes, Physicians and Allied Health Professionals

On July 9, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-118 “An Act Concerning the Department of Public Health’s Recommendations for Various Revisions to the Public Health Statutes” (PA 19-118). Certain relevant provisions of PA 19-118 are described below.…

Connecticut Codifies Nursing Home Daily Posting Requirements, Adds Requirement for Reinstatement after Retaliation

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Hospitals and Health Systems, Long Term Care and Nursing Homes

On July 1, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-89 “An Act Concerning Nursing Home Staffing Levels” (PA 19-89). PA 19-89 sets forth new state-level daily nurse staffing level disclosure requirements for nursing home facilities (including nursing homes and rest homes with nursing supervision as set forth in Conn. Gen. Stat. § 19a-521), authorizes the Department of Public Health (DPH) to take disciplinary action against or issue citations to nursing home facilities for non-compliance with nurse staffing requirements, and newly requires nursing home …

Connecticut Enacts Budget that Includes Provisions Affecting Health Care Providers

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Home Health Agencies, Hospitals and Health Systems, Legislation

Connecticut Governor Ned Lamont recently signed into law Public Act No. 19-117 (PA 19-117), which contains provisions affecting health care providers, including revisions to the hospital provider tax, a prohibition on non-compete agreements for home care workers and an expansion to Connecticut’s current surprise bill law. Highlights of PA 19-117, including the effective dates for each provision, are described below.…

Connecticut Legislature Modifies Statutes Relevant to Preventing and Treating Opioid Use Disorder

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Home Health Agencies, Hospitals and Health Systems, Legislation, Long Term Care and Nursing Homes, Pharmaceuticals and Biologics, Pharmacy Law, Physicians and Allied Health Professionals

On July 9, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-191 “An Act Addressing Opioid Use” (PA 19-191). PA 19-191 makes various revisions to Connecticut’s opioid use prevention and treatment statutes, and also creates new legislation pertaining to opioid use prevention and treatment. …

Connecticut Legislature Extends Immunity for Emergency Assistance by Health Care Professionals to Cover Malfunctioning Automatic External Defibrillators

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Healthcare Technology, Legislation, Physicians and Allied Health Professionals

On July 1, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-113 “An Act Concerning the Use of Automatic External Defibrillators” (PA 19-113). This law takes effect October 1, 2019.…

Connecticut Legislature Places Restrictions on the Use of the Title “Social Worker”

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Physicians and Allied Health Professionals

On July 9, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-164 “An Act Concerning Social Workers,” (PA 19-164) which sets forth new restrictions on individuals seeking to hold themselves out as social workers in the State. This law takes effect October 1, 2019.…

Starting in 2020, Connecticut Hospitals Will Be Required to Test for Spinal Muscular Atrophy in Newborns

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Legislation

On July 9, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-176 (PA 19-176), “An Act Concerning Newborn Screening for Spinal Muscular Atrophy.” Starting on January 1, 2020, this law requires hospitals and other institutions that care for newborn infants to screen such infants for spinal muscular atrophy. As with other statutory requirements for newborn infant screening under Connecticut law – including testing for HIV, phenylketonuria, sickle cell disease, cystic fibrosis, and critical congenital heart disease – the requirement to test for spinal muscular atrophy …

Connecticut Legislature Permits Facilities to Administer Emergency Medication to Defendants Without Consent in Limited Circumstances

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Academic Medical Centers, Ambulance, Ambulatory Surgical Centers (ASC), Americans With Disabilities, Home Health Agencies, Hospice, Hospitals and Health Systems, Legislation, Long Term Care and Nursing Homes, Pharmaceuticals and Biologics, Physicians and Allied Health Professionals

On July 1, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-99 “An Act Concerning the Recommendations of the Department of Mental Health and Addiction Services Regarding Emergency Medication” (PA 19-99). PA 19-99 went into effect on the same date.

Existing law provides for certain court procedures a facility must follow in order to provide treatment without informed consent for psychiatric disabilities to defendant patients in the custody of the Department of Mental Health and Addiction Services. A facility includes any inpatient or outpatient hospital, clinic or …

Connecticut Enacts Law Modifying CME Requirements to Include Alzheimer’s Disease and Dementia Training

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Legislation, Physicians and Allied Health Professionals

On July 1, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-115, “An Act Concerning Alzheimer’s Disease and Dementia Training and Best Practices” (PA 19-115). This legislation modifies the continuing medical education (CME) requirements for Connecticut-licensed physicians and the continuing education (CE) requirements for advanced practice registered nurses (APRNs).…

Connecticut Enacts Law to Increase Access to Epinephrine Auto Injectors

By Robinson+Cole's Health Law Group on Posted in 2019 Connecticut Legislative Update, Academic Medical Centers, Ambulance, Ambulatory Surgical Centers (ASC), Employment Law, Home Health Agencies, Hospice, Hospitals and Health Systems, Legislation, Long Term Care and Nursing Homes, Long Term Care Facilities, Medical Devices, Pharmaceuticals and Biologics, Pharmacies, Pharmacy Law, Physicians and Allied Health Professionals

On June 13, 2019, Connecticut Governor Ned Lamont signed into law Public Act No. 19-19 “An Act Concerning Epinephrine Auto Injectors” (PA 19-19), which went into effect on the same date.

This legislation expands access to epinephrine, which can be lifesaving when treating anaphylactic allergic reactions. PA 19-19 permits “authorized entities” to acquire and maintain a supply of epinephrine cartridge injectors, subject to certain conditions. With a few exceptions, authorized entities are for-profit or nonprofit entities or organizations that employ at least one “person with training.” …

CMS Finalizes Overhaul of the Medicare Shared Savings Program in “Pathways to Success” Final Rule

By Robinson+Cole's Health Law Group on Posted in Accountable Care Organizations, Hospitals and Health Systems, Legislation, Medicare and Medicaid, Physicians and Allied Health Professionals, Reimbursement, Telemedicine

On December 31, 2018, the Centers for Medicare and Medicaid Services (CMS) published a final rule (Final Rule) establishing the “Pathways to Success” program that overhauls the Medicare Shared Savings Program (MSSP). The Final Rule largely mirrors CMS’ proposed rule (see our summary here), but with several modifications in response to public comments. Accountable care organizations (ACOs) may participate in the Pathways to Success program beginning July 1, 2019, and those ACOs interested in beginning participation in July must submit to CMS a notice of intent to apply by …

2019 Physician Fee Schedule Rule Review: Off-Campus Provider-Based Hospital Departments

By Robinson+Cole's Health Law Group on Posted in Legislation, Medicare and Medicaid, Physicians and Allied Health Professionals

On November 1, 2018, the Centers for Medicare & Medicaid Services (CMS) released a final rule (Rule), which includes modifications to Medicare payment policies and rates.

One area that is discussed in the rule is with regards to the payment of certain items and services when provided by certain off campus provider based hospital departments. As per Section 603 of the Bipartisan Budget Act of 2015, certain items and services, when provided by certain off-campus provider-based hospital departments, are not to be paid under the Hospital Outpatient Prospective …

Laws Affecting Health Care Entities in Connecticut Take Effect October 1, 2018

By Robinson+Cole's Health Law Group on Posted in Academic Medical Centers, Government Enforcement, Hospitals and Health Systems, Legislation, Physicians and Allied Health Professionals, Privacy and Security, Reimbursement

On October 1, 2018, a number of new laws affecting health care entities in Connecticut became effective. Below please find a brief description of some of the newly-effective provisions, as well as links to our analyses of the changes.…

Medicare Proposes Revised Telehealth Services and Payments

By Leslie Levinson and Robinson+Cole's Health Law Group on Posted in Academic Medical Centers, Accountable Care Organizations, Health Information Technology, Home Health Agencies, Hospice, Hospitals and Health Systems, Long Term Care and Nursing Homes, Medicare and Medicaid, Nursing Facilities, Physicians and Allied Health Professionals, Reimbursement

The Centers for Medicare & Medicaid Services (CMS) recently published a Proposed Rule, primarily intended to modify certain Medicare payment policies.  The Proposed Rule contains several provisions that address the growing use of telehealth. CMS noted that it had received many suggestions regarding the expansion of access to telehealth as well as appropriate pay for the same, in response to its call for comments in the CY 2018 Medicare physician fee schedule (PFS) proposed rule.…

CMS Identifies “Pathway to Success” for Accountable Care in Proposed Rule that Would Significantly Change Shared Savings Program

By Robinson+Cole's Health Law Group on Posted in Accountable Care Organizations, Hospitals and Health Systems, Legislation, Medicare and Medicaid, Physicians and Allied Health Professionals, Reimbursement, Telemedicine

On August 17, 2018, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule (Proposed Rule) that proposes a comprehensive overhaul of the Medicare Shared Savings Program (MSSP).  Among other changes, CMS proposes to:

  • replace the current three-track program with two options (Basic and Enhanced),
  • establish a ‘glide path’ that propels accountable care organizations (ACOs) towards acceptance of performance-based down-side risk,
  • update the benchmarking methodology to incorporate regional trends from the start of an ACO’s participation in the MSSP,
  • expand the use of telehealth services by ACOs, and
…

Connecticut Enacts Law Revising Various Department of Public Health Statutes

By Robinson+Cole's Health Law Group on Posted in 2018 Connecticut Legislative Update, Government Enforcement, Hospitals and Health Systems, Legislation, Long Term Care and Nursing Homes, Medicare and Medicaid, Physicians and Allied Health Professionals, Reimbursement

On June 13, 2018, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 18-168 “An Act Concerning the Department of Public Health’s Recommendations Regarding Various Revisions to the Public Health Statutes” (PA 18-168). This legislation makes a number of changes to state laws concerning public health and the responsibilities of the Department of Public Health (DPH), including laws affecting advanced practice registered nurses (APRNs), advance directives, the scope of practice for podiatry, respiratory care, reportable events at nursing homes, and the supervision of physician assistants. …

Connecticut Expands Consumer Protections Against Identity Theft and Data Breaches

By Robinson+Cole's Health Law Group on Posted in Legislation, Privacy and Security

On June 4, 2018, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 18-90 “An Act Concerning Security Freezes on Credit Reports, Identity Theft Prevention Services and Regulations of Credit Rating Agencies” (P.A. 18-90).  This bill makes several revisions to Connecticut laws concerning identity theft, most notably by newly prohibiting credit reporting agencies from charging fees for consumers to place or remove security freezes. This law takes effect on October 1, 2018.…

New Connecticut Legislation Updates Laws Concerning Urgent Care Centers, Hospital-Based Facility Fees and Freestanding Hospital Emergency Departments

By Robinson+Cole's Health Law Group on Posted in EMTALA, Hospitals and Health Systems, Legislation, Reimbursement

On June 12, 2018, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 18-149 “An Act Concerning Outpatient Clinics, Urgent Care Centers and Freestanding Emergency Departments” (PA 18-149). This legislation makes several changes to Connecticut laws concerning urgent care centers, facility fees charged at off-site hospital-based facilities, and freestanding emergency departments. PA 18-149 is effective as of October 1, 2018.…

Connecticut Legislature Again Addresses Opioid Crisis

By Robinson+Cole's Health Law Group on Posted in Legislation, Pharmaceuticals and Biologics, Physicians and Allied Health Professionals

On June 14, 2018, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 18-166 “An Act Concerning the Prevention and Treatment of Opioid Dependency and Opioid Overdoses in the State” (PA 18-166).

This legislation seeks to address the ongoing opioid crisis in Connecticut in part by: (i) implementing a new opioid overdose reporting requirement for hospitals and emergency medical services (EMS) personnel, (ii) establishing a statutory framework under which health care practitioners and pharmacists may partner with law enforcement or other government agencies, EMS providers, or …

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