SubTitle19a-630-1_19a-630-2. Definitions Applicable to Sections 19a-630-1 through 19a-653-4, Inclusive, of the Regulations of Connecticut State Agencies, Title19a Public Health and Well-being, Regulations of Connecticut State Agencies

Regulations of Connecticut State Agencies (Last Updated: June 14,2023)

SubTitle19a-630-1_19a-630-2. Definitions Applicable to Sections 19a-630-1 through 19a-653-4, Inclusive, of the Regulations of Connecticut State Agencies

Sec. 19a-630-1. Certificate of need

Latest version.

Definitions. As used in sections 19a-630-1 to 19a-653-4, inclusive, of the Regulations of Connecticut State Agencies:

(1) “Acquisition” means the acquisition through purchase, lease, donation or other comparable arrangement of a computed tomography scanner, magnetic resonance imaging scanner, positron emission tomography scanner, positron emission tomography-computed tomography scanner, linear accelerator or equipment that utilizes technology that has not previously been utilized in the state;

(2) “Central Service Facility” means a health care facility or institution, person or entity engaged primarily in providing services for the prevention, diagnosis or treatment of human health conditions, serving one or more health care facilities, practitioners or institutions and satisfying the criteria for a central service facility as discussed in section 19a-630-2 of the Regulations of Connecticut State Agencies;

(3) “Day”, unless specified otherwise in statute or regulation, means a calendar day;

(4) “Freestanding Emergency Department” means an emergency department that is not located on the main campus of a hospital and is held out to the public (by name, posted signs, advertising or other means) as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment;

(5) “Interventional cardiology” means non-surgical procedures used in the treatment of coronary artery and peripheral vascular disease and performed in the cardiac catheterization laboratory. Procedures include, but are not limited to, angioplasty, valvuloplasty, cardiac ablation, coronary thrombectomy, and congenital heart defect correction;

(6) “Office” or “OHCA” means the Office of Health Care Access division of the Department of Public Health, as established by section 19a-612 of the Connecticut General Statutes;

(7) “Provider” means any person or entity that provides health care services;

(8) “Psychiatric residential treatment facility” means a psychiatric residential treatment facility as defined in 42 CFR 483.352.

(Effective April 9, 2013)

Sec. 19a-630-2. Criteria for determining if an entity is a central service facility

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(a) An entity shall be a central service facility if it meets one or more of the following criteria:

(1) The entity is institutional in nature and practice;

(2) Patient care is or may be the responsibility of the entity rather than of the individual physicians or practitioners;

(3) Nonmedical personnel, owners or managers can or may be able to influence the operation of the entity to a significant degree;

(4) With the exception of practicing physician groups, the entity that is or may be providing services for the prevention, diagnosis or treatment of human health conditions to two or more providers;

(5) The owner, partner or manager of an entity as described in subdivision (4) of this subsection is a physician who is not practicing medicine at the entity; or

(6) A partnership with general and managing partners exists.

(b) In determining whether a particular entity meets any of the criteria in subsection (a) of this section, the commissioner, commissioner’s designee or deputy commissioner may consider the following:

(1) Whether the entity is or may be licensed or designated as any type of health care facility or institution by the department;

(2) Whether the patients have any prior familiarity with the physician or practitioner or any ongoing relationship with the physician or practitioner;

(3) Whether services such as laboratory, pharmacy, x-ray, linear accelerator and imaging, are or may be available with no free choice of the provider of such services by the patient;

(4) Whether the entity can continue to function even if the license of its physician or physicians has, have been or may be suspended or revoked, since the entity can simply retain another physician or practitioner;

(5) Whether bills and charges are or may be determined by the entity rather than the individual physicians or practitioners who provide the care or the service;

(6) Whether income distribution is or may be determined by the entity rather than entirely by the individual physicians or practitioners who provide the care of service;

(7) Whether there are present interlocking relationships, corporate relationships or entities with other health related corporate relationships, entities or properties;

(8) Whether the location and services provided are a small part of a larger entity; and

(9) Any other information the commissioner, commissioner’s designee or deputy commissioner deems relevant or pertinent.

(Effective April 9, 2013)