Conn. Gen. Stat. § 19a-653

Current with legislation from the 2024 Regular and Special Sessions.

Section 19a-653 - (Formerly Sec. 19a-167j). Failure to file a certificate of need or data or information or negligent failure to comply with a settlement agreement. Civil penalty. Notice. Extension. Hearing. Appeal. Deduction from Medicaid payments

(a) Any person or health care facility or institution that is required to file a certificate of need for any of the activities described in section 19a-638, and 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, and negligently fails to seek certificate of need approval for any of the activities described in section 19a-638, or to so file within prescribed time periods, and any person or health care facility or institution that has agreed to fully resolve a certificate of need application through settlement and negligently fails to comply with any term or condition enumerated in the settlement agreement, shall be subject to a civil penalty of up to one thousand dollars a day for each day such person or health care facility or institution conducts any of the described activities without certificate of need approval as required by section 19a-638, for each day such information is missing, incomplete or inaccurate or for each day any condition of a settlement agreement is not met. Any civil penalty authorized by this section shall be imposed by the Office of Health Strategy in accordance with subsections (b) to (e), inclusive, of this section.

(b) If the Office of Health Strategy has reason to believe that a violation has occurred for which a civil penalty is authorized by subsection (a) of this section or subsection (e) of section 19a-632, 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, regulation or settlement agreement 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 unit to (1) request a hearing to contest the imposition of the penalty, (2) request an extension of time to file the required data, or (3) comply with enumerated conditions of an agreed settlement. 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 of Health Strategy 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 of Health Strategy assessing a civil penalty shall be subject to appeal as set forth in section 4-183 after a hearing before the unit 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.

Conn. Gen. Stat. § 19a-653

(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 ; P.A. 06-28 , S. 6 ; P.A. 09-232 , S. 97 ; Sept. Sp. Sess. P.A. 09-3 , S. 16 ; P.A. 10-179 , S. 93 ; P.A. 11-242 , S. 87 ; P.A. 13-234 , S. 148 ; P.A. 18-91 , S. 39 .)

Amended by P.A. 23-0171,S. 14 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.

Annotations to former section 19a-167j: Cited. 223 C. 450 ; 238 Conn. 216 .