Conn. Gen. Stat. § 17b-245d: Information to be provided by federally qualified health centers. Adjustment of encounter rates.

(a) On or before February 1, 2013, and on January first annually thereafter, each federally qualified health center shall file with the Department of Social Services the following documents for the previous state fiscal year: (1) Medicaid cost report; (2) audited financial statements; and (3) any additional information reasonably required by the department. Any federally qualified health center that does not use the state fiscal year as its fiscal year shall have six months from the completion of such health center's fiscal year to file said documents with the department.

(b) Each federally qualified health center shall provide to the Department of Social Services a copy of its original scope of project, as approved by the federal Health Resources and Services Administration, and all subsequently approved amendments to its original scope of project. Each federally qualified health center shall notify the department, in writing, of all approvals for additional amendments to its scope of project, and provide to the department a copy of such amended scope of project, not later than thirty days after such approvals.

(c) Under the payment methodologies provided under subsections (a) and (c) of section 17b-245b, the department may adjust a federally qualified health center's encounter rate based upon an increase or decrease in the scope of services furnished by the federally qualified health center, in accordance with 42 USC 1396a(bb)(3)(B), following receipt of the written notification described in this subsection or based upon the department's review of documents filed in accordance with subsections (a) and (b) of this section, and upon demonstration that the federally qualified health center's costs of providing services has experienced a change as a result of a change in the type, intensity, duration or amount of services provided in a patient encounter.

(1) If there is an increase or a decrease in the scope of services furnished by a federally qualified health center, the federally qualified health center shall notify the Department of Social Services, in writing, of any such increase or decrease not later than sixty calendar days after the end of the federally qualified health center's fiscal year in which the change in scope of services occurred and provide any additional information reasonably requested by the department not later than thirty calendar days after the department's request.

(2) Notwithstanding this section and section 17b-262 and regulations adopted thereunder, a change in the volume of services, including, but not limited to, a change in the volume of services as a result of an expansion or reduction of an existing clinic, the addition or discontinuance of a satellite or new site, a change in operational costs attributable to capital expenditures, including new service facilities or regulatory compliance, or an increase in utilization of current services, shall not constitute a change in the scope of services furnished by a federally qualified health center for which a federally qualified health center's encounter rate may be adjusted. This subdivision shall not preclude a federally qualified health center from requesting a change in scope based on a change in the type, intensity, duration or amount of services provided in a patient encounter, even if such change in the type, intensity, duration or amount of services provided in a patient encounter may have resulted from an expansion or reduction of an existing clinic or the addition or discontinuance of a satellite or new site.

(3) If the Department of Social Services approves a change in scope of services request, and contingent upon the federally qualified health center's compliance with the mandatory notice provisions provided under subdivision (1) of this subsection, the new encounter rate shall be effective on the date of the department's approval of said change in scope request or the next calendar date after the end of the federally qualified health center's fiscal year in which the change in scope occurred, whichever is earlier.

(d) The Commissioner of Social Services may impose a civil penalty of five hundred dollars per day on any federally qualified health center that fails to provide any information required pursuant to this section not later than thirty days after the date such information is due.

(e) The Commissioner of Social Services shall implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures as regulations, or amending existing regulations, provided the commissioner publishes notice of intent to adopt regulations on the eRegulations System not later than twenty days after the date of implementation. Policies and procedures implemented pursuant to this section shall be valid until the time final regulations are adopted.