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On June 30, 2020, the Connecticut Office of Health Strategy (OHS) announced in a newsletter that the agency will prepare to resume the Certificate of Need (CON) application review process. This includes transitioning to virtual hearings, as Connecticut’s COVID-19 restrictions still prevent any in-person hearings. While OHS has yet to announce a specific date for resumption of CON hearings, “OHS officials expect the first of these virtual CON public hearings to be held sometime this summer.”
Continue Reading Connecticut Office of Health Strategy Prepares to Resume Certificate of Need Application Review with Virtual Hearings

On June 9, 2020 the Health and Human Services Office for Civil Rights (OCR) announced it had reached an Early Case Resolution (ECR) with the State of Connecticut and a separate ECR with Hartford Hospital. Both ECRs involve the rights of patients with disabilities to have reasonable access to support persons in hospital settings during COVID-19. OCR had received complaints that the COVID-19 hospital visitor policies of the State and the hospital violated the Americans with Disabilities Act (ADA) by failing to make exceptions for patients needing support persons for their care.
Continue Reading OCR Reaches Early Case Resolutions with the State of Connecticut and a Private Hospital Regarding Rights of Persons with Disabilities to Have Reasonable Access to Support Persons in Hospital Settings During COVID-19

The new Acting Director of Public Health in Connecticut, Deidre Gifford, recently rescinded a prior May 6, 2020, Department of Public Health (DPH) order that had eliminated the requirement that a request for collection or analysis of a COVID-19 specimen be made by a licensed physician or other licensed person authorized by law to make diagnoses, and eliminated the obligation to report the COVID-19 results to the licensed provider who ordered the testing. We previously wrote about the now rescinded DPH order and its relation to Governor Lamont’s Executive Order 7KK in a post, here. While the DPH order has been rescinded, Executive Order 7KK still remains in effect allowing pharmacists to order COVID-19 tests.
Continue Reading Connecticut DPH Reinstates Requirement that COVID-19 Tests be Ordered by Physician or Other Authorized Practitioner and that Results be Reported to the Ordering Practitioner

On May 17, 2020 Connecticut Governor Ned Lamont – in conjunction with the Department of Public Health (DPH) – released a guidance document for resuming non-emergency dental procedures (the “Guidance”). The Guidance notes that while dental practices were never subject to an executive order to close, the governor’s office and DPH had both strongly encouraged the suspension of all elective procedures and routine non-emergency care. Accordingly, as certain businesses in the state begin to reopen starting on May 20th, the Guidance is designed to inform dental practitioners on preparation and policies for expanding services beyond emergency-only care to include elective procedures and routine hygiene and health exams. The document details policies for expanding offered procedures and notes that dental practices that cannot meet the guidelines “are strongly advised to delay expansion of their operations beyond urgent care until they are able to meet these guidelines.”
Continue Reading Connecticut Governor Lamont Releases Guidance for Dentists Expanding Services Beyond Emergency-Only Care

On May 7, 2020 Connecticut Governor Ned Lamont issued Executive Order 7KK allowing pharmacists to order COVID-19 tests.

The order modifies Section 19a-36-D29 of the Regulations of Connecticut State Agencies to permit licensed pharmacists to order COVID-19 diagnostic tests consistent with the Clinical Laboratory Improvement Amendments. The modification also permits pharmacists to order any Food and Drug Administration (FDA) approved COVID-19 serology test that does not require venipuncture. Pharmacists are required to comply with all Department of Health testing reporting requirements. The Executive Order is effective immediately.
Continue Reading Connecticut Governor Ned Lamont Issues Executive Order Allowing Pharmacists to Order COVID-19 Tests

Connecticut Governor Ned Lamont recently issued four new executive orders to address the COVID-19 state of emergency (Executive Orders 7CC – 7FF) that contain provisions relevant to health care providers and facilities in the state.  Among other things, the Executive Orders (i) expand access to telehealth services, (ii) expand the available health care workforce, (iii) increase current reporting requirements for long-term care facilities, (iv) allow the Commissioner of the Department of Social Services (DSS) to scale back certain Medicaid program requirements, and (v) update requirements related to out-of-network emergency billing.  A summary of particularly significant changes contained in those Orders follows.
Continue Reading Connecticut Governor Expands Health Care Workforce, Access to Telehealth Services and Issues Other Important Health Care Updates in New Executive Orders

Governor Lamont issued two new executive orders designed to expand the health care workforce, immunize providers from COVID-19-related liability, and protect patients from out-of-network bills for COVID-19 treatment. On April 5, 2020 Governor Lamont issued Executive Order 7U creating financial protections for uninsured patients and insured patients receiving out-of-network care. On April 7, 2020 Governor Lamont issued Executive Order 7V expanding temporary practice permits, allowing practice before licensure for certain health care profession graduates and applicants, and limiting civil liability for health care professionals and facilities for acts and omissions related to the State’s COVID-19 response.
Continue Reading Connecticut Governor Limits COVID-19 Liability for Providers and Facilities, Restricts Surprise Billing for COVID-19 Treatment, and Expands the Health Care Workforce in Recent Executive Orders.

The Connecticut Office of Health Strategy (OHS) issued its third guidance document related to CON requirements related to the COVID-19 pandemic on March 25, in which OHS waives CON approval requirements for hospitals seeking to temporarily increase bed capacity or temporarily suspend (as opposed to terminate) inpatient or outpatient services in order to diagnose and treat COVID-19 patients. On March 31, OHS updated that guidance to expand its applicability to outpatient surgical facilities (OSFs) in Connecticut.
Continue Reading Connecticut Waives CON Approval Requirements Entirely for Temporary Bed Expansions and Temporary Service Suspensions by Hospitals and Outpatient Surgical Facilities Related to COVID-19 Response Efforts

As part of Executive Order No. 7F issued on March 18, Connecticut Governor Ned Lamont authorized the Commissioner of the Department Social Services (DSS) to “temporarily waive any requirements” set forth in state law, regulations, rules, policies or other directives concerning telehealth as is necessary to enable the Medicaid program “to cover applicable services provided through audio-only telehealth services.”  As a result, DSS will be able to expand Medicaid coverage for telehealth services that are provided by phone, and not just audio-video technology.
Continue Reading COVID-19: Lamont Authorizes DSS to Expand Access to Telehealth Services for Medicaid Beneficiaries in Response to Coronavirus Pandemic

On March 18, 2020, the Connecticut Department of Public Health (DPH) issued an order requiring laboratories to report negative SARS-CoV-2 test results to DPH using the Electronic Laboratory Reporting System. DPH indicated the immediate reporting of such results is necessary for public health purposes.
Continue Reading Connecticut DPH Updates List of Reportable Laboratory Findings to Include Negative SARS-CoV-2 Test Results