Sec. 19a-639a. Certificate of need. Exemptions. Registration of exempt institutions.
Sec. 19a-639a. Certificate of need. Exemptions. Registration of exempt institutions. (a) Except as provided in subsection (c) of section 19a-639 or as required in
subsection (b) of this section, the provisions of section 19a-638 and subsection (a) of
section 19a-639 shall not apply to: (1) An outpatient clinic or program operated exclusively by, or contracted to be operated exclusively for, a municipality or municipal
agency, a health district, as defined in section 19a-240, or a board of education; (2) a
residential facility for the mentally retarded licensed pursuant to section 17a-227 and
certified to participate in the Title XIX Medicaid program as an intermediate care facility
for the mentally retarded; (3) an outpatient rehabilitation service agency that was in
operation on January 1, 1998, that is operated exclusively on an outpatient basis and
that is eligible to receive reimbursement under section 17b-243; (4) a clinical laboratory;
(5) an assisted living services agency; (6) an outpatient service offering chronic dialysis;
(7) a program of ambulatory services established and conducted by a health maintenance
organization; (8) a home health agency; (9) a clinic operated by the AmeriCares Foundation; (10) a nursing home; or (11) a rest home. The exemptions provided in this section
shall not apply when a nursing home or rest home is, or will be created, acquired, operated
or in any other way related to or affiliated with, or under the complete or partial ownership
or control of a facility or institution or affiliate subject to the provisions of section 19a-638 or subsection (a) of section 19a-639.
(b) Each health care facility or institution exempted under this section shall register
with the office by filing the information required by subdivision (4) of subsection (a)
of section 19a-638 for a letter of intent at least fourteen days but not more than sixty
calendar days prior to commencing operations and prior to changing, expanding, terminating or relocating any facility or service otherwise covered by section 19a-638 or
subsection (a) of section 19a-639 or covered by both sections or subsections, except
that, if the facility or institution is in operation on June 5, 1998, said information shall
be filed not more than sixty days after said date. Not later than fourteen days after the
date that the office receives a completed filing required under this subsection, the office
shall provide the health care facility or institution with written acknowledgment of receipt. Such acknowledgment shall constitute permission to operate or change, expand,
terminate or relocate such a facility or institution or to make an expenditure consistent
with an authorization received under subsection (a) of section 19a-639 until the next
September thirtieth. Each entity exempted under this section shall renew its exemption
by filing current information once every two years in September.
(c) Each health care facility, institution or provider that proposes to purchase, lease
or accept donation of a CT scanner, PET scanner, PET/CT scanner or MRI scanner,
cineangiography equipment or a linear accelerator shall be exempt from certificate of
need review pursuant to sections 19a-638 and 19a-639 if such facility, institution or
provider (1) provides to the office satisfactory evidence that it purchased or leased such
equipment for under four hundred thousand dollars on or before July 1, 2005, and such
equipment was in operation on or before July 1, 2006, or (2) obtained, on or before July
1, 2005, from the office, a certificate of need or a determination that a certificate of need
was not required for the purchase, lease or donation acceptance of such equipment.
(d) The Office of Health Care Access shall, in its discretion, exempt from certificate
of need review pursuant to sections 19a-638 and 19a-639 any health care facility or
institution that proposes to purchase or operate an electronic medical records system
on or after October 1, 2005.
(e) Each health care facility or institution that proposes a capital expenditure for
parking lots and garages, information and communications systems, physician and administrative office space, acquisition of land for nonclinical purposes, and acquisition
and replacement of nonmedical equipment, including, but not limited to, boilers, chillers,
heating ventilation and air conditioning systems, shall be exempt for such capital expenditure from certificate of need review under subsection (a) of section 19a-639, provided
(1) the health care facility or institution submits information to the office regarding the
type of capital expenditure, the reason for the capital expenditure, the total cost of the
project and any other information which the office deems necessary; and (2) the total
capital expenditure does not exceed twenty million dollars. Approval of a health care
facility's or institution's proposal for acquisition of land for nonclinical purposes shall
not exempt such facility or institution from compliance with any of the certificate of
need requirements prescribed in this chapter if such facility or institution subsequently
seeks to develop the land that was acquired for nonclinical purposes.
(P.A. 98-150, S. 4, 17; June 30 Sp. Sess. P.A. 03-3, S. 90; P.A. 05-93, S. 5; 05-151, S. 5; 05-168, S. 4; P.A. 06-28, S.
3; P.A. 07-217, S. 84; P.A. 08-14, S. 2.)
History: P.A. 98-150 effective June 5, 1998 (Revisor's note: In codifying this section the Revisors editorially changed
a reference in Subsec. (b) to "... September thirty." to "... September thirtieth."); June 30 Sp. Sess. P.A. 03-3 amended
Subsec. (a) to delete references to residential care home and make a technical change, effective August 20, 2003; P.A. 05-93 amended Subsec. (a) by adding exception re Sec. 19a-639(c) and making a technical change, and added Subsec. (c),
exempting health care facilities, institutions and providers that purchase, lease or accept donation of certain scanning
equipment or linear accelerators on or before July 1, 2005, or that obtain certificate of need approval or a determination
that a certificate of need is not required on or before said date, effective July 1, 2005; P.A. 05-151 amended Subsec. (b)
by requiring biennial, rather than annual, registration of exempt institutions; P.A. 05-168 added new Subsec. (d) exempting
from certificate of need review, at office's discretion, proposals involving the purchase or operation of an electronic medical
records system on or after October 1, 2005; P.A. 06-28 amended Subsec. (c)(1) by restricting exemption from certificate
of need review to proposals involving certain equipment in operation on or before July 1, 2006, effective May 8, 2006;
P.A. 07-217 made a technical change in Subsec. (c), effective July 12, 2007; P.A. 08-14 amended Subsec. (b) by substituting
14 days for 10 business days and making a technical change and added Subsec. (e) re additional capital expenditures that
are exempt from certificate of need review, effective April 29, 2008.