Sec. 19a-643. (Formerly Sec. 19a-160). Regulations.
Sec. 19a-643. (Formerly Sec. 19a-160). Regulations. (a) The office shall adopt
regulations, in accordance with the provisions of chapter 54, to carry out the provisions
of sections 19a-630 to 19a-639e, inclusive, and sections 19a-644 and 19a-645 concerning the submission of data by health care facilities and institutions, including data on
dealings between health care facilities and institutions and their affiliates, and, with
regard to requests or proposals pursuant to sections 19a-638 and 19a-639, by state health
care facilities and institutions, the ongoing inspections by the office of operating budgets
that have been approved by the health care facilities and institutions, standard reporting
forms and standard accounting procedures to be utilized by health care facilities and
institutions and the transferability of line items in the approved operating budgets of
the health care facilities and institutions, except that any health care facility or institution
may transfer any amounts among items in its operating budget. All such transfers shall
be reported to the office within thirty days of the transfer or transfers.
(b) The office may adopt such regulations, in accordance with the provisions of
chapter 54, as are necessary to implement this chapter.
(c) The regulations adopted by the Office of Health Care Access concerning requests or proposals pursuant to section 19a-639 shall include a fee schedule for certificate
of need review under section 19a-639. The fee schedule shall (1) contain a minimum
filing fee for all applications under said section 19a-639, (2) be based on a percentage
of the requested authorization in addition to the minimum filing fee, and (3) apply to
new requests and requests for modification of prior decisions if the modification request
has a proposed additional cost of one hundred thousand dollars or more beyond the
original authorization amount, or if the modification request aggregated with any other
prior modification requests totals one hundred thousand dollars or more. The fee schedule shall be reviewed annually and adjusted as necessary.
(P.A. 73-117, S. 19, 31; P.A. 77-192, S. 12, 13; 77-304, S. 3; 77-601, S. 8, 11; P.A. 81-465, S. 10, 18; P.A. 83-3, S. 3,
5; P.A. 84-57, S. 2, 4; P.A. 89-371, S. 18; P.A. 91-48, S. 3, 4; Nov. Sp. Sess. P.A. 91-2, S. 9, 27; May Sp. Sess. P.A. 92-6, S. 8, 117; P.A. 93-262, S. 57, 87; P.A. 95-257, S. 39, 58; P.A. 98-150, S. 9, 17; P.A. 05-151, S. 8; P.A. 06-64, S. 11.)
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 $100,000 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; P.A. 06-64 deleted reference to repealed Sec. 19a-648 in Subsec. (a), effective July
1, 2006.
See chapter 54 re uniform administrative procedure.
Annotations to former section 19a-160:
Cited. 200 C. 489. Cited. 208 C. 663.