GroundRules
← Search the law
Connecticut · Through Revised to January 1, 2026 (2026 Supplement to the General Statutes of Connecticut, applied over the base revision of January 1, 2025)

Conn. Gen. Stat. § 38a-477pp: Penalty for failure to comply with the mental health and substance use disorder benefit requirements.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 38a. INSURANCE
  2. CHAPTER 700c. HEALTH INSURANCE
  3. PART I. HEALTH INSURANCE: IN GENERAL

(a)(1) The commissioner, after providing an opportunity for a hearing in accordance with chapter 54, may impose a civil penalty on any health carrier of not more than one hundred dollars with respect to each participant or beneficiary covered under a health insurance policy of such health carrier, provided such penalty shall not exceed an aggregate amount of six hundred twenty-five thousand dollars annually, for such health carrier's failure to comply with (A) the certification requirements pursuant to the provisions of section 38a-477oo, (B) the state and federal mental health and substance use disorder benefit reporting requirements identified in subdivision (1) of subsection (b) of section 38a-477oo, or (C) any other requirement pursuant to sections 38a-477ee, 38a-488a, 38a-488c, 38a-488d, 38a-510, 38a-514, 38a-514c, 38a-514d and 38a-544 and the provisions of the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, P.L. 110-343, as amended from time to time, and regulations adopted thereunder.

(2) The commissioner may order the payment of such reasonable expenses as may be necessary to compensate the commissioner in conjunction with any proceedings under this section, which shall be dedicated to the enforcement and implementation of the state and federal mental health parity laws and regulations adopted thereunder.

(b) (1) If any health carrier fails to file any data, report, certification or other information required by the provisions of section 38a-477ee or section 38a-477oo, the commissioner shall impose a late fee on such health carrier of one hundred dollars per day from the due date of such filing of data, report, certification or information to the date such health carrier submits such filing to the commissioner, provided such late fee shall not exceed an aggregate amount of six hundred twenty-five thousand dollars.

(2) For any health carrier that files any incomplete data, report, certification or other information required by the provisions of section 38a-477ee and section 38a-477oo, the commissioner shall provide notice to such health carrier of such incomplete filing that includes (A) a description of such data, report, certification or other information that is incomplete and any additional data that is needed to consider such filing complete, and (B) the date by which such health carrier is required to provide such data. The commissioner shall impose a late fee on such health carrier of one hundred dollars per day, commencing from the date identified by the commissioner pursuant to subparagraph (B) of this subdivision, provided such late fee shall not exceed an aggregate amount of six hundred twenty-five thousand dollars.

(c) The commissioner may waive any civil penalty imposed pursuant to subsection (a) of this section if the commissioner determines that the violation was due to reasonable cause and was not due to wilful neglect, or if such violation is corrected not more than thirty days after the date that the health carrier filed a certification of noncompliance with the commissioner pursuant to section 38a-477oo.

(d) All civil penalties and late fees received by the commissioner pursuant to this section shall be deposited in the General Fund.

(e) The commissioner may engage the services of any health policy research organization or any other independent expert as the commissioner deems necessary to assist the commissioner in the review of any violation of the nonquantitative treatment limitations requirements pursuant to section 38a-477ee and the provisions of the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, P.L. 110-343, as amended from time to time, and regulations adopted thereunder.

Collected 2026-09-06T19:07:26Z. Source file · JSON

Browse this collection