§ 19a-494 — (Formerly Sec. 19-579). Disciplinary action.

Connecticut § 19a-494

• Jurisdiction: Connecticut
• Title 19a: Public Health and Well-Being
• Ch. 368v: Health Care Institutions

Text

(a) The Commissioner of Public Health, after a hearing held in accordance with the provisions of chapter 54, may take any of the following actions, singly or in combination, in any case in which the commissioner finds that there has been a substantial failure to comply with the requirements established under this chapter, the Public Health Code or licensing regulations: (1) Revoke a license or certificate; (2) Suspend a license or certificate; (3) Censure a licensee or certificate holder; (4) Issue a letter of reprimand to a licensee or certificate holder; (5) Place a licensee or certificate holder on probationary status and require such licensee or certificate holder to report regularly to the department on the matters which are the basis of the probation; (6) Restrict the acquisition of other facilities for a period of time set by the commissioner; (7) Issue an order compelling compliance with applicable statutes or regulations of the department; (8) Impose a directed plan of correction; or (9) Assess a civil penalty not to exceed twenty-five thousand dollars, provided no such penalty shall be assessed for violations arising from the investigation of a complaint filed with the Department of Public Health before July 1, 2024, except for violations of regulatory requirements relating to abuse or neglect of patients, as such terms are defined in 42 CFR 483.5. (b) Notice of the hearing to the holder of a license or certificate shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date, not less than thirty days from the date of such mailing or service, at which the holder of such license or certificate shall be given an opportunity for a prompt and fair hearing, and witnesses may be subpoenaed by either party for such hearing. Such hearing may be conducted by the Commissioner of Public Health, a deputy commissioner, or by a member of the Department of Public Health, designated by said commissioner. On the basis of such hearing, or upon default of the holder of such license or certificate, the person conducting such hearing shall specify his findings and conclusions, and said department may, upon the basis of such findings and conclusions take any action authorized by this section that it deems necessary. A copy of such decision shall be sent by registered or certified mail or served personally upon the holder of such license or certificate.

Legislative History

(1953, 1955, S. 2054d; 1969, P.A. 399; P.A. 77-614, S. 323, 610; P.A. 78-303, S. 70, 136; P.A. 80-127, S. 2; P.A. 83-103, S. 1; P.A. 89-350, S. 8; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-242, S. 85; P.A. 24-68, S. 32.) History: 1969 act replaced department of health with public health council, included deputy commissioner or member of department or public health council as eligible for hearing panel and made slight language changes; Sec. 19-35 transferred to Sec. 19-579 in 1977; P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; P.A. 78-303 replaced public health council with commissioner of health services; P.A. 80-127 included references to certificates and holders of certificates; Sec. 19-579 transferred to Sec. 19a-494 in 1983; P.A. 83-103 deleted requirement making suspension or revocation of a license or certificate final 30 days after it is mailed or served; P.A. 89-350 divided the existing section into Subsecs. (a) and (b), substituted the reference to chapter 54 for language specifying hearing requirements and specified other actions besides suspension and revocation; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 11-242 amended Subsec. (a) by adding Subdiv. (8) re imposition of directed plan of correction and by making technical changes; P.A. 24-68 amended Subsec. (a) by adding Subdiv. (9) re assessment of civil penalties not to exceed $25,000 and making technical and conforming changes, effective July 1, 2024. Annotation to former section 19-579: Cited. 26 CS 452.