§ 19a-566 — Birth centers. Licensure. Regulations.

(a) On and after January 1, 2024, no person, entity, firm, partnership, corporation, limited liability company or association shall establish, conduct, operate or maintain a birth center, as defined in section 19a-490, in this state without obtaining a license pursuant to the provisions of this section. Except in the case of an emergency, an outpatient clinic shall not offer any birth center services as part of its ambulatory medical services without being licensed as a birth center. For the purposes of this subsection, “birth center services” means perinatal, labor, delivery and postpartum care during and immediately after delivery to persons presenting with a low-risk pregnancy and healthy newborns for a period typically less than twenty-four hours and “low-risk pregnancy” has the same meaning as provided in subsection (t) of section 19a-490. (b) Each birth center seeking initial licensure pursuant to the provisions of this section shall submit a complete application for accreditation to the Commission for the Accreditation of Birth Centers before the date on which the birth center submits an application for initial licensure to the Commissioner of Public Health. The commissioner shall issue an initial license to a birth center if the commissioner determines that such birth center complies with the requirements established pursuant to the provisions of this section. Such initial license shall be valid for one year, except the commissioner may, in the commissioner's discretion, extend an initial licensure period for not more than one year while a birth center is completing accreditation. Each birth center shall be accredited by the Commission for the Accreditation of Birth Centers on or before the date on which the birth center renews its license and maintain such accreditation thereafter. After the conclusion of the initial licensure period, each birth center license shall be renewable biennially (1) after an unscheduled inspection of the birth center is conducted by the Department of Public Health, (2) upon the filing of a report regarding the birth center's operations by the birth center, in a form and manner prescribed by the commissioner, and approval of such report by the commissioner, and (3) if there is satisfactory evidence of continuing compliance with the provisions of this section, as determined by the commissioner. If a birth center is denied accreditation prior to the renewal of its license or loses its accreditation after renewal of its license, the birth center shall immediately notify the commissioner, in a form and manner prescribed by the commissioner, and cease providing birth center services to patients until authorized by the commissioner to reinstate such services. Failure of a birth center to cease the provision of services and provide notice to the commissioner pursuant to the provisions of this subsection shall be grounds for summary suspension of the birth center's license and the imposition of disciplinary action in accordance with the provisions of section 19a-494 . (c) (1) Each birth center shall have a written plan to obtain services for its patients from a hospital, licensed pursuant to this chapter, to provide services in the event of an emergency or other conditions that pose a risk to the health of a patient that require transfer of the patient to a hospital. Before issuing a license pursuant to this section, the commissioner shall review and approve the information submitted by the birth center to the Commission for the Accreditation of Birth Centers, including, but not limited to, (A) information relating to the birth center's plan for ongoing risk assessment and adherence to patient eligibility criteria, as determined by the Commission for the Accreditation of Birth Centers, during the delivery of birth center services to a patient, and (B) information relating to the birth center's policies and procedures for the prenatal, intrapartum or postpartum transfer of a patient in the event that such patient no longer meets such patient eligibility criteria. (2) If a patient receiving birth center services no longer presents with a low-risk pregnancy, as defined in section 19a-490 , or otherwise fails to meet the patient eligibility criteria described in subparagraph (A) of subdivision (1) of this subsection, the birth center providing such services shall ensure the patient's care is transferred to a licensed health care provider capable of providing the appropriate level of obstetrical care for the patient. (d) Each hospital licensed pursuant to this chapter that maintains an emergency department, other than a children's hospital, shall work cooperatively with birth centers to coordinate the care of patients who may require services in the event of an emergency or other conditions that pose a risk to the health of a patient that require transfer of the patient to a hospital. Each children's hospital that maintains an emergency department shall work cooperatively with birth centers to coordinate the care of neonatal patients who may require services in the event of an emergency or other conditions that pose a risk to the health of a patient that require transfer of the patient to a children's hospital. (e) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section and section 19a-495 . The commissioner may implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures as regulations, provided notice of intent to adopt regulations is published 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. The regulations and policies and procedures shall include, but need not be limited to, provisions regarding the administration of the facility, staffing requirements, infection control protocols, physical plant requirements, accommodation of the participation of support persons of the patient's choice, limitations on the provision of anesthesia and surgical procedures, operating procedures for determining risk status of patients at admission and during labor, reportable events, medical records, pharmaceutical services, laundry services, requirements for professional and medical liability insurance for the facility and health care providers and emergency planning.

Legislative History

(P.A. 23-147, S. 2; P.A. 24-68, S. 31, 60.) History: P.A. 24-68 substantially revised Subsec. (b), including deleting provision requiring birth centers to be accredited on or before effective date of licensure, adding provisions re application procedures for birth centers seeking initial licensure, accreditation requirements for initial licensees, initial licensure expiration and renewal periods and procedures and licensure suspension and making a technical change, effective May 28, 2024, and amended Subsec. (c)(2) by making a technical change, effective October 1, 2024.