Conn. Gen. Stat. § 19a-639g: Emergency certificate of need application process for transfers of ownership involving hospitals that have filed for bankruptcy protection.

(a) Notwithstanding any provision of sections 19a-630 to 19a-639f, inclusive, any transacting parties involved in any transfer of ownership, as defined in section 19a-630, of a hospital requiring a certificate of need pursuant to section 19a-638 in which (1) the hospital subject to the transfer of ownership has filed for bankruptcy protection in any court of competent jurisdiction, and (2) a potential purchaser for such hospital has been or is required to be approved by a bankruptcy court, may, at the discretion of the Commissioner of Health Strategy, apply for an emergency certificate of need through the emergency certificate of need application process described in this section. An emergency certificate of need issued by the Health Systems Planning Unit of the Office of Health Strategy pursuant to the provisions of this section and any conditions imposed on such issuance shall apply to the applicant applying for the emergency certificate of need, the hospital subject to the transfer of ownership and any subsidiary or group practice that would otherwise require a certificate of need pursuant to the provisions of section 19a-638 and that is also subject to the transfer of ownership as part of the bankruptcy proceeding. The availability of the emergency certificate of need application process described in this section shall not affect any existing certificate of need issued pursuant to the provisions of sections 19a-630 to 19a-639f, inclusive.

(b) (1) The unit shall develop an emergency certificate of need application, which shall identify any data required to be submitted with such application that the unit deems necessary to analyze the effects of a hospital's transfer of ownership on health care costs, quality and access in the affected market. If a potential purchaser of a hospital, described in subsection (a) of this section, is a for-profit entity, the unit's emergency certificate of need application may require additional information or data intended to ensure that the ongoing operation of the hospital after the transfer of ownership will be maintained in the public interest. The commissioner shall post any emergency certificate of need application developed pursuant to the provisions of this subdivision on the Office of Health Strategy's Internet web site and may modify any data required to be submitted with an emergency certificate of need application, provided the commissioner posts any such modification to the office's Internet web site not later than fifteen days before such a modification becomes effective.

(2) An applicant seeking an emergency certificate of need shall submit an emergency certificate of need application to the unit in a form and manner prescribed by the commissioner.

(3) An emergency certificate of need application shall be deemed complete on the date the unit determines that an applicant has submitted a complete application, including data required by the unit pursuant to subdivision (1) of this subsection. The unit shall determine whether an application is complete not later than three business days after an applicant submits an application. If, after making such a determination, the unit deems an application incomplete, the unit shall, not more than three business days after deeming such application incomplete, notify the applicant that such application is incomplete and identify any application or data elements that were not adequately addressed by the applicant. The unit shall not review such an application until the applicant submits any such application or data elements to the unit.

(4) The unit may hold a public hearing on an emergency certificate of need application, provided (A) the unit holds such public hearing not later than thirty days after such application is deemed complete, and (B) the unit notifies the applicant of such public hearing not less than five days before the date of the public hearing. Any such public hearing or any other proceeding related to the emergency certificate of need application process described in this section shall not be considered a contested case pursuant to the provisions of chapter 54. Members of the public may submit public comments at any time during the emergency certificate of need application process and may request the unit to exercise its discretion to hold a public hearing pursuant to the provisions of this subdivision.

(5) When evaluating an emergency certificate of need application, the unit may consult any person and consider any relevant information, provided, unless prohibited by federal or state law, the unit includes any opinion or information gathered from consulting any such person and any such relevant information considered in the record relating to the emergency certificate of need application and cites any such opinion or information and any such relevant information considered in its final decision on the emergency certificate of need application. The unit may contract with one or more third-party consultants, at the expense of the applicant, to analyze (A) the anticipated effect of the hospital's transfer of ownership on access, cost and quality of health care in the affected community, and (B) any other issue arising from the application review process. The aggregate cost of any such third-party consultations shall not exceed two hundred thousand dollars. Any reports or analyses generated by any such third-party consultant that the unit considers in issuing its final decision on an emergency certificate of need application shall, unless otherwise prohibited by federal or state law, be included in the record relating to the emergency certificate of need application. The provisions of chapter 57 and sections 4-212 to 4-219, inclusive, and 4e-19 shall not apply to any retainer agreement executed pursuant to this subsection.

(c) (1) The unit shall issue a final decision on an emergency certificate of need application not later than sixty days after such application is deemed complete. The unit's final decision shall articulate the anticipated effect of the hospital's transfer of ownership on access, cost and quality of health care in the affected community, including an assessment of the effect on health care market concentration and health care access for Medicaid recipients. When issuing a final decision, the unit shall consider the effect of the hospital's bankruptcy on the patients and communities served by the hospital and the applicant's plans to restore financial viability.

(2) The unit may impose any condition on an approval of an emergency certificate of need application, provided any such condition is consistent with the purposes of sections 19a-630 to 19a-639f, inclusive. Before imposing any condition, the unit shall weigh the value of imposing such condition in promoting the purposes of sections 19a-630 to 19a-639f, inclusive, with the cumulative burden of imposing such condition on the applicant and any other transacting parties in the hospital's transfer of ownership. If the unit imposes any condition on an approval of an emergency certificate of need application, the unit's final decision shall include a concise statement of (A) the legal and factual basis for such condition, and (B) which criterion of health care cost, quality or access in the affected area that the unit intends such condition to promote. Each condition shall be reasonably tailored in time and scope. The applicant and any other transacting parties in the hospital's transfer of ownership may request an amendment to or relief from any condition, in a form and manner prescribed by the unit, due to changed circumstances, hardship or for other good cause. The unit may grant or deny any such request.

(d) The unit's final decision on an emergency certificate of need application, including any conditions imposed on the approval of such an application, shall not be subject to appeal.