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Connecticut Waives CON Approval Requirements Entirely for Temporary Bed Expansions and Temporary Service Suspensions by Hospitals and Outpatient Surgical Facilities Related to COVID-19 Response Efforts

The Connecticut Office of Health Strategy (OHS) issued its third guidance document related to CON requirements related to the COVID-19 pandemic on March 25, in which OHS waives CON approval requirements for hospitals seeking to temporarily increase bed capacity or temporarily suspend (as opposed to terminate) inpatient or outpatient services in order to diagnose and treat COVID-19 patients. On March 31, OHS updated that guidance to expand its applicability to outpatient surgical facilities (OSFs) in Connecticut.

Hospitals and OSFs seeking to temporarily increase bed capacity or temporarily suspend services will no longer need to apply for the COVID-19 CON waiver pursuant to OHS’s March 20 guidance (see our previous discussion of that guidance here). Instead, hospitals and OSFs just need to complete a specific Form and submit it to OHS as described below:

  1. Complete the Form available here.

  2. Email the Form to Micheala.Mitchell@ct.gov and Brian.Carney@ct.gov.

The waivers granted under this guidance will be temporary and last for the duration of the public health emergency. Any hospital or OSF seeking to keep the additional beds or permanently terminate the service after the public health emergency must file the traditional CON application. Hospitals are also reminded that they may be obligated to notify the Department of Public Health regarding temporary increases in bed capacity or the temporary suspension of certain services.

This post was co-authored by Michael Lisitano, legal intern at Robinson+Cole. Michael is not yet admitted to practice law.

Copyright © 2020 Robinson & Cole LLP. All rights reserved.


About this Author

Conor Duffy Cybersecurity Attorney

Conor Duffy is a member of the firm's Health Law Group and its Data Privacy + Cybersecurity Team. He advises hospitals, physician groups, community providers, and other health care entities on general corporate matters and health law issues. He also counsels clients on what measures are needed to safeguard data and patient information.


Conor provides legal counsel to health care clients on various regulatory matters, such as Medicare and Medicaid program compliance, federal fraud and abuse laws, and the Emergency Medical Treatment & Labor Act...