(a) Not later than September first, annually, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Public Health, shall (1) determine the amount appropriated for the following purposes: (A) To purchase, store and distribute vaccines for routine immunizations included in the schedule for active immunization required by section 19a-7f; (B) to purchase, store and distribute (i) vaccines to prevent hepatitis A and B in persons of all ages, as recommended by the schedule for immunizations published by the National Advisory Committee for Immunization Practices, (ii) antibiotics necessary for the treatment of tuberculosis and biologics and antibiotics necessary for the detection and treatment of tuberculosis infections, and (iii) antibiotics to support treatment of patients in communicable disease control clinics, as defined in section 19a-216a; (C) to administer the immunization program described in section 19a-7f; and (D) to provide services needed to collect up-to-date information on childhood immunizations for all children enrolled in Medicaid who reach two years of age during the year preceding the current fiscal year, to incorporate such information into the immunization information system, established pursuant to section 19a-7h, (2) calculate the difference between the amount expended in the prior fiscal year for the purposes set forth in subdivision (1) of this subsection and the amount of the appropriation used for the purpose of the health and welfare fee established in subparagraph (A) of subdivision (2) of subsection (b) of this section in that same year, and (3) inform the Insurance Commissioner of such amounts.
(b) (1) As used in this subsection, (A) “health insurance” means health insurance of the types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469, and (B) “exempt insurer” means a domestic insurer that administers self-insured health benefit plans and is exempt from third-party administrator licensure under subparagraph (C) of subdivision (11) of section 38a-720 and section 38a-720a.
(2) (A) Each domestic insurer or domestic health care center doing health insurance business in this state shall annually pay to the Insurance Commissioner, for deposit in the Insurance Fund established under section 38a-52a, a health and welfare fee assessed by the Insurance Commissioner pursuant to this section.
(B) Each third-party administrator licensed pursuant to section 38a-720a that provides administrative services for self-insured health benefit plans and each exempt insurer shall, on behalf of the self-insured health benefit plans for which such third-party administrator or exempt insurer provides administrative services, annually pay to the Insurance Commissioner, for deposit in the Insurance Fund established under section 38a-52a, a health and welfare fee assessed by the Insurance Commissioner pursuant to this section.
(3) Not later than September first, annually, each such insurer, health care center, third-party administrator and exempt insurer shall report to the Insurance Commissioner, on a form designated by said commissioner, the number of insured or enrolled lives in this state as of May first immediately preceding for which such insurer, health care center, third-party administrator or exempt insurer is providing health insurance or administering a self-insured health benefit plan that provides coverage of the types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469. Such number shall not include lives enrolled in Medicare, any medical assistance program administered by the Department of Social Services, workers' compensation insurance or Medicare Part C plans.
(4) Not later than November first, annually, the Insurance Commissioner shall determine the fee to be assessed for the current fiscal year against each such insurer, health care center, third-party administrator and exempt insurer. Such fee shall be calculated by multiplying the number of lives reported to said commissioner pursuant to subdivision (3) of this subsection by a factor, determined annually by said commissioner as set forth in this subdivision, to fully fund the amount determined under subsection (a) of this section, adjusted for a health and welfare fee, by subtracting, if the amount appropriated was more than the amount expended or by adding, if the amount expended was more than the amount appropriated, the amount calculated under subdivision (2) of subsection (a) of this section. The Insurance Commissioner shall determine the factor by dividing the adjusted amount by the total number of lives reported to said commissioner pursuant to subdivision (3) of this subsection.
(5) (A) Not later than December first, annually, the Insurance Commissioner shall submit a statement to each such insurer, health care center, third-party administrator and exempt insurer that includes the proposed fee, identified on such statement as the “Health and Welfare fee”, for the insurer, health care center, third-party administrator or exempt insurer calculated in accordance with this subsection. Each such insurer, health care center, third-party administrator and exempt insurer shall pay such fee to the Insurance Commissioner not later than February first, annually.
(B) Any such insurer, health care center, third-party administrator or exempt insurer aggrieved by an assessment levied under this subsection may appeal therefrom in the same manner as provided for appeals under section 38a-52.
(6) Any insurer, health care center, third-party administrator or exempt insurer that fails to file the report required under subdivision (3) of this subsection shall pay a late filing fee of one hundred dollars per day for each day from the date such report was due. The Insurance Commissioner may require an insurer, health care center, third-party administrator or exempt insurer subject to this subsection to produce the records in its possession, and may require any other person to produce the records in such person's possession, that were used to prepare such report, for said commissioner's or said commissioner's designee's examination. If said commissioner determines there is other than a good faith discrepancy between the actual number of insured or enrolled lives that should have been reported under subdivision (3) of this subsection and the number actually reported, such insurer, health care center, third-party administrator or exempt insurer shall pay a civil penalty of not more than fifteen thousand dollars for each report filed for which said commissioner determines there is such a discrepancy.
(7) (A) The Insurance Commissioner shall apply an overpayment of the health and welfare fee by an insurer, health care center, third-party administrator or exempt insurer for any fiscal year as a credit against the health and welfare fee due from such insurer, health care center, third-party administrator or exempt insurer for the succeeding fiscal year, subject to an adjustment under subdivision (4) of this subsection, if: (i) The amount of the overpayment exceeds five thousand dollars; and (ii) on or before June first of the calendar year of the overpayment, the insurer, health care center, third-party administrator or exempt insurer (I) notifies the commissioner of the amount of the overpayment, and (II) provides the commissioner with evidence sufficient to prove the amount of the overpayment.
(B) Not later than ninety days following receipt of notice and supporting evidence under subparagraph (A) of this subdivision, the commissioner shall (i) determine whether the insurer, health care center, third-party administrator or exempt insurer made an overpayment, and (ii) notify the insurer, health care center, third-party administrator or exempt insurer of such determination.
(C) Failure of an insurer, health care center, third-party administrator or exempt insurer to notify the commissioner of the amount of an overpayment within the time prescribed in subparagraph (A) of this subdivision constitutes a waiver of any demand of the insurer, health care center, third-party administrator or exempt insurer against the state on account of such overpayment.
(D) Nothing in this subdivision shall be construed to prohibit or limit the right of an insurer, health care center, third-party administrator or exempt insurer to appeal pursuant to subparagraph (B) of subdivision (5) of this section.
(June 30 Sp. Sess. P.A. 03-3, S. 6; P.A. 11-242, S. 82; June 12 Sp. Sess. P.A. 12-1, S. 213; P.A. 13-234, S. 142; P.A. 14-217, S. 66; P.A. 16-213, S. 8; P.A. 17-198, S. 33; P.A. 22-118, S. 495.)
History: June 30 Sp. Sess. P.A. 03-3 effective August 20, 2003; P.A. 11-242 amended Subsec. (b) by deleting provision re fee assessed for fiscal year ending June 30, 2004, and deleted former Subsec. (d) re aggregate assessment limits for fiscal years ending June 30, 2004, and June 30, 2005, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 redesignated Subsecs. (b) and (c) as Subsec. (b)(2)(A) and (5)(B), amended Subsec. (b)(2)(A) to delete former assessment methodology and delete life insurance companies from health and welfare fee requirement, added Subsec. (b)(1), (2)(B), (3), (4) and (5)(A) re assessment methodology, added Subsec. (b)(6) re late filing fee and civil penalty for other than good faith discrepancy in number of lives reported, and made technical and conforming changes, effective July 1, 2012; P.A. 13-234 amended Subsec. (a)(1) by adding new Subpara. (C) re immunization program described in Sec. 19a-7f and redesignating existing Subpara. (C) as Subpara. (D), effective July 1, 2013; P.A. 14-217 amended Subsec. (a) to add new Subdiv. (2) re calculation of difference in amount expended and amount appropriated for health and welfare fee, redesignate existing Subdiv. (2) as Subdiv. (3) and make a conforming change, and amended Subsec. (b) to substitute Insurance Fund for General Fund in Subdiv. (2)(A) and (B), add provision re adjustment re difference calculated under Subsec. (a)(2) and make a technical change in Subdiv. (4), and add health and welfare fee identification requirement in Subdiv. (5)(A), effective July 1, 2014; P.A. 16-213 amended Subsec. (b)(2)(A) by adding “domestic” in provision re health care center, effective July 1, 2016; P.A. 17-198 added Subsec. (b)(7) re overpayment of health and welfare fee, effective June 30, 2017, and applicable to any health and welfare fee due on or after February 1, 2017; P.A. 22-118 amended Subsec. (a)(1)(D) by replacing reference to childhood immunization registry with reference to immunization information system, effective July 1, 2022.
Structure Connecticut General Statutes
Title 19a - Public Health and Well-Being
Chapter 368a - Department of Public Health
Section 19a-2a. - Powers and duties.
Section 19a-4. (Formerly Sec. 19-2a). - Commissioner to organize department and adopt regulations.
Section 19a-4i. - Office of Injury Prevention.
Section 19a-4j. - Office of Health Equity.
Section 19a-4k. - Advisory Commission on Multicultural Health.
Section 19a-4l. - Office of Oral Public Health.
Section 19a-5. (Formerly Sec. 19-4). - Powers and duties of commissioner.
Section 19a-6d. - Tobacco abuse reduction and health plan.
Section 19a-6e. - Traumatic brain injury patient registry.
Section 19a-6f. - Listing of certified medical assistants.
Section 19a-6i. - School-based health center advisory committee. Members. Duties. Report.
Section 19a-6o. - Palliative Care Advisory Council. Duties. Members. Report.
Section 19a-6p. - School-based health centers. Hours. Services. Reimbursement for services.
Section 19a-6q. - Chronic disease plan.
Section 19a-6s. - Provision of vaccines by clinical medical assistants under supervision.
Section 19a-6t. - Connecticut Rare Disease Advisory Council. Duties. Members. Report.
Section 19a-6u. - School-based health center expansion grant program.
Section 19a-7b. - Health Care Access Commission.
Section 19a-7c. - Subsidized nongroup health insurance product for pregnant women.
Section 19a-7d. - Primary care direct services program.
Section 19a-7e. - Health care for uninsured pregnant women demonstration project.
Section 19a-7g. - Childhood Immunization Advisory Council.
Section 19a-7h. - Immunization information system. Regulations.
Section 19a-7i. - Extension of coverage under the maternal and child health block grant.
Section 19a-7k. - Preventive dental care pilot program.
Section 19a-7o. - Hepatitis C and HIV-related testing.
Section 19a-7p. - Public health fee. Annual reporting requirement. Appeal. Penalties. Overpayment.
Section 19a-7s. - Evaluation of data re exemptions from immunization requirements. Report.
Section 19a-7u. - Pilot program to expand behavioral health care. Grants.
Section 19a-12c. - Professional assistance program account.
Section 19a-13. (Formerly Sec. 19-4n). - Regulated professions; definitions.
Section 19a-14. (Formerly Sec. 19-4o). - Powers of department concerning regulated professions.
Section 19a-14a. - Professional licenses. Investigations and disciplinary action.
Section 19a-14b. - Radon mitigators, diagnosticians and testing companies. Regulations.
Section 19a-14c. - Provision of outpatient mental health treatment to minors.
Section 19a-16e. - Scope of practice review committees. Membership. Duties.
Section 19a-16f. - Report to General Assembly on scope of practice review processes.
Section 19a-17. (Formerly Sec. 19-4s). - Disciplinary action by department, boards and commissions.
Section 19a-17a. - Review of medical malpractice awards and certain settlements.
Section 19a-17m. - Malpractice insurance purchase program.
Section 19a-17n. - Malpractice insurance purchase program. Regulations. Limitations.
Section 19a-18. (Formerly Sec. 19-4t). - Meaning of term “licensed” for insurance purposes.
Section 19a-19. (Formerly Sec. 19-4u). - Regulation of business practices.
Section 19a-21. (Formerly Sec. 19-4w). - Disposition of licensing fees.
Section 19a-22. (Formerly Sec. 19-4x). - Actions by department, boards and commissions; appeals.
Section 19a-23. (Formerly Sec. 19-4y). - Boards and commissions; records.
Section 19a-25a. - Regulations re electronic signatures for medical records.
Section 19a-25b. - Electronic prescribing systems authorized.
Section 19a-25c. - Medical records systems: Electronic and paper formats authorized.
Section 19a-25e. - Connecticut Health Information Network plan.
Section 19a-27. (Formerly Sec. 19-7a). - Test for rubella immunity. Regulations.
Section 19a-28. (Formerly Sec. 19-8). - Toxicology laboratory.
Section 19a-29. (Formerly Sec. 19-9). - Special laboratories.
Section 19a-29a. - Environmental laboratories.
Section 19a-31a. - Microbiological and biomedical biosafety laboratories.
Section 19a-32. (Formerly Sec. 19-10). - Department authorized to receive gifts.
Section 19a-32a. - AIDS research education account. Regulations.
Section 19a-32b. - Breast cancer research and education account.
Section 19a-32n. - Information and education re umbilical cord blood collection programs.
Section 19a-32o. - Short title: Connecticut Umbilical Cord Blood Collection Program Act.
Section 19a-32p. - Legislative findings and declaration of policy.
Section 19a-32q. - Connecticut Umbilical Cord Blood Collection Board. Membership. Meetings.
Section 19a-32r. - Board to establish and administer umbilical cord blood collection program.
Section 19a-32t. - Umbilical cord blood collection account.
Section 19a-32u. - Copies of independent audits to be submitted to General Assembly.
Section 19a-32v. - Reports to Governor and General Assembly.
Section 19a-33. (Formerly Sec. 19-10a). - Regulation of traffic at department facilities.
Section 19a-36a. - Regulations concerning food operators.
Section 19a-36g. - Food code. Definitions.
Section 19a-36j. - Food inspectors. Certification. Inspections.
Section 19a-36k. - Food-borne illness or outbreak. Investigation.
Section 19a-36l. - Inspection violations. Appeal process.
Section 19a-37h. - Water companies to provide multilingual tier 1 notices.
Section 19a-38. (Formerly Sec. 19-13b). - Water company to add fluoride to water supply.
Section 19a-39. (Formerly Sec. 19-13c). - Protection of wells.
Section 19a-40. (Formerly Sec. 19-14). - Supervision of vital statistics.
Section 19a-41. (Formerly Sec. 19-15). - Compilation of vital records and statistics. Regulations.
Section 19a-42. (Formerly Sec. 19-15a). - Amendment of vital records.
Section 19a-43. (Formerly Sec. 19-15b). - Reproduction of vital records.
Section 19a-44. (Formerly Sec. 19-15c). - Matching of birth and death certificates.
Section 19a-45b. - Medical home pilot program.
Section 19a-45c. - Evaluation and report required re medical home pilot program.
Section 19a-46. (Formerly Sec. 19-17). - Expert examinations and inspections.
Section 19a-48. (Formerly Sec. 19-19). - Care for children with cerebral palsy.
Section 19a-49. (Formerly Sec. 19-19a). - Services for persons with cystic fibrosis.
Section 19a-51. (Formerly Sec. 19-20a). - Pediatric Cardiac Patient Care Fund.
Section 19a-54. (Formerly Sec. 19-21a). - Registration of children with special health care needs.
Section 19a-54a. - Registry of data on infants exposed to AIDS medication.
Section 19a-55a. - Newborn screening account.
Section 19a-55b. - Information on newborn infant safe sleep practices.
Section 19a-56. (Formerly Sec. 19-21c). - Program for prevention of erythroblastosis.
Section 19a-57. (Formerly Sec. 19-21d). - Loans for purchase of hemodialysis treatment machines.
Section 19a-58. (Formerly Sec. 19-21e). - Pamphlet concerning hearing impairments in infants.
Section 19a-59. - Program to identify infants who are hard of hearing.
Section 19a-59b. - Maternal and child health protection program.
Section 19a-59e. - Media campaign for the reduction of adolescent pregnancies.
Section 19a-59h. - Maternal mortality review program. Confidentiality of information.
Section 19a-59i. - Maternal mortality review committee.
Section 19a-60. (Formerly Sec. 19-22). - Dental services for children.
Section 19a-60a. - Dental services for children of low-income families.
Section 19a-61. (Formerly Sec. 19-22b). - Services for children suffering from diabetes.
Section 19a-62. (Formerly Sec. 19-22c). - Services for children suffering from cancer.
Section 19a-69. (Formerly Sec. 19-27). - Distribution of biologic products.
Section 19a-70. (Formerly Sec. 19-28). - Priority of distribution in emergency.
Section 19a-71. (Formerly Sec. 19-29). - Observation and treatment of certain typhoid germ carriers.
Section 19a-72a. - State-wide stroke registry.
Section 19a-73a. - Establishment of comprehensive cancer plan for state.
Section 19a-73b. - Funding sources for comprehensive cancer program.
Section 19a-74. (Formerly Sec. 19-30). - Cancer.
Section 19a-75. (Formerly Sec. 19-30b). - State aid for health career educational programs.
Section 19a-77. - “Child care services” defined. Exclusions. Additional license.
Section 19a-77a. - Child day care services in retail stores.
Section 19a-79. (Formerly Sec. 19-43d). - Regulations. Exemptions. Waivers.
Section 19a-79a. - Pesticide applications at child care facilities.
Section 19a-80g. - Child care center waiting list fees and deposits.
Section 19a-80h. - Enrollment of certain children in preschool programs.
Section 19a-81. (Formerly Sec. 19-43f). - Hearing on denial of license.
Section 19a-83. (Formerly Sec. 19-43h). - Reports of licensees.
Section 19a-85. (Formerly Sec. 19-43j). - Appeal.
Section 19a-86. (Formerly Sec. 19-43k). - Injunction against illegal operation.
Section 19a-86a. - Accepting voluntary surrender of license as resolution of disciplinary action.
Section 19a-86b. - Validity of license during investigation or disciplinary action.
Section 19a-86c. - Failure to provide written notice of proposed closure. Penalty.
Section 19a-87g. - Notification of emergency situations to licensees of day care centers.
Section 19a-88a. - Regulations concerning retired nurses.
Section 19a-88c. - Regulations re retired dentists.
Section 19a-89. (Formerly Sec. 19-46). - Change of office or residence address.
Section 19a-89a. - Database on nursing personnel.
Section 19a-89b. - Fees for pool design guidelines and food compliance guide.
Section 19a-89c. - Auricular acupuncture pilot program.
Section 19a-89d. - Nurse staffing and patient care data.
Section 19a-89e. - Development of prospective nurse staffing plan by hospitals. Report.
Section 19a-90. (Formerly Sec. 19-47). - Blood testing of pregnant women for syphilis and HIV.
Section 19a-92a. - Regulation of persons engaged in tattooing. Penalty.
Section 19a-92g. - Body piercing.
Section 19a-102. (Formerly Sec. 19-59a). - Regulation of sale of turtles.
Section 19a-102a. - Regulation of sale of turtles.
Section 19a-102b. - Importation of turtles.
Section 19a-103. (Formerly Sec. 19-60). - Control of communicable diseases in institutions.
Section 19a-104. (Formerly Sec. 19-61). - Sale of rags to be used as wiping cloths; cleaning.
Section 19a-105. (Formerly Sec. 19-62). - Public toilets.
Section 19a-106. (Formerly Sec. 19-62a). - “Restroom” defined.
Section 19a-106a. - Customer access to employee restrooms in retail establishments.
Section 19a-107. (Formerly Sec. 19-63). - Towels in hotels and public lavatories.
Section 19a-108. (Formerly Sec. 19-64). - Common drinking cups.
Section 19a-110a. - Regional lead poisoning treatment centers.
Section 19a-111a. - Lead poisoning prevention program. Lead state agency.
Section 19a-111c. - Abatement of lead in dwellings. List of encapsulant products. Regulations.
Section 19a-111d. - Regulations.
Section 19a-111e. - Federal funds for lead poisoning prevention programs.
Section 19a-111g. - Pediatric lead testing and risk assessment. Exemption.
Section 19a-111h. - Review of lead poisoning data. Regulations.
Section 19a-111i. - Report re lead poisoning prevention efforts.
Section 19a-111k. - Applicability of OSHA standards to abatement and remediation of lead hazards.
Section 19a-111l. - Guidelines on mold abatement protocols.
Section 19a-112b. - Services to victims of sexual acts.
Section 19a-112c. - Educational materials for sexual assault victims.
Section 19a-112d. - Sexual assault victims account.
Section 19a-112g. - Sexual assault forensic examiners. Responsibilities.
Section 19a-112h. - Financial assistance for victims of sexual assault.
Section 19a-112i. - Community gun violence intervention and prevention program.
Section 19a-113a. - Cardiopulmonary resuscitation certification of lifeguards.
Section 19a-115. (Formerly Sec. 19-66f). - Regulation of medical test units.
Section 19a-116. (Formerly Sec. 19-66g). - Regulation of facilities which offer abortion services.
Section 19a-121. - HIV and AIDS: Grant program.
Section 19a-121a. - AIDS: Funding to local health departments.
Section 19a-121b. - Regulations.
Section 19a-121c. - HIV and AIDS: Public information program.
Section 19a-121d. - Grants for mass mailing of report on AIDS.
Section 19a-122. - Hospice care for the homeless.
Section 19a-122a. - Hospice care for the homeless. Termination of pilot program.
Section 19a-123. - Nursing pool: Definition.
Section 19a-123b. - Nursing pool: Written agreement with health care institution.
Section 19a-123c. - Regulation of rates charged by nursing pools.
Section 19a-123d. - Aggrievement. Penalties.
Section 19a-124. - Syringe services programs.
Section 19a-124a. - Donation of vans to entities operating needle exchange programs.
Section 19a-125. - Adolescent Health Council.
Section 19a-127l. - Quality of care program. Quality of Care Advisory Committee.
Section 19a-127o. - Patient safety organizations.
Section 19a-127p. - Requirement for hospitals to contract with patient safety organization.
Section 19a-131. - Public health emergency response authority. Definitions.
Section 19a-131a. - Declaration of public health emergency by Governor.
Section 19a-131b. - Orders of quarantine or isolation. Appeal of order. Hearing.
Section 19a-131c. - Enforcement of order of quarantine or isolation.
Section 19a-131d. - Entry into quarantine or isolation premises.
Section 19a-131e. - Orders of vaccination. Appeal of order. Hearing.
Section 19a-131f. - Authorization to administer vaccinations.
Section 19a-131g. - Public Health Preparedness Advisory Committee.
Section 19a-131h. - Registration of deaths.
Section 19a-131i. - Immunity from personal liability.
Section 19a-131k. - Mandatory distribution of potassium iodide.
Section 19a-133. - Declaration of racism as a public health crisis.
Section 19a-133a. - Commission on Racial Equity in Public Health. Membership. Powers and duties.
Section 19a-133d. - Educational materials re pulse oximeters.