Connecticut requires 19 CONs within five broad healthcare categories—hospital beds, beds outside hospitals, equipment, facilities and services. In addition to Connecticut’s 19 specific CON requirements, the state maintains 26 specific exceptions including exceptions for home health agencies, Conn. Gen. Stat. § 19a-638(b)(6), and free clinics, § 19a-638(b)(11). Unlike many states, Connecticut adds confusion by allowing two separate agencies to process CON applications depending on the type of CON—the Office of Health Strategy (OHS) and the Department of Social Services.
On March 14, 2020, Governor Lamont issued Executive Order No. 7B, which authorized OHS to waive CON provisions and enable healthcare facilities in response to COVID-19. Exec. Order 7B (Mar. 14, 2020). Thereafter, OHS issued four guidance documents allowing hospitals to temporarily increase bed capacity without obtaining CONs. OHS, Guidance Docs. 20-001 to -003b (Mar. 2020).
OHS further allowed all healthcare providers to apply for a temporary waiver of any CON requirement if necessary to respond to or manage the pandemic.
In Connecticut, the CON application process takes anywhere from 60 days to over a year depending on the type of project. See Conn. Gen. Stat. § 19a-639a, § 17b-353. Applications can be submitted at any time. The fee for a CON application is $500. Conn. Gen. Stat. § 19a-639a(a). Competitors may request a hearing, at which they can add evidence and present arguments as to why an application should be denied. Conn. Gen. Stat. § 19a-639a(e); see generally Conn. Agencies Regs. § 19a-639a-1 to -6.