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Articles by Michael Lisitano
Connecticut Disbands Office of Health Strategy and Reassigns Health Care Oversight and Policymaking Authority Across State Agencies
Connecticut Governor Ned Lamont recently signed Public Act No. 26-68 (“the Act”), which includes the elimination of the Office of Health Strategy (OHS) and reassignment of its statutory authority over the health care delivery system in Connecticut. The Act’s repeal of OHS’s enabling statute and the transfer of its authority to other state agencies are scheduled to take effect on July 1, 2026.
New Connecticut Law Restricts Health Care Providers' Offering of Third-Party Patient Financing | JD Supra
Connecticut Governor Ned Lamont recently signed into law An Act Concerning Credit Cards and Health and Veterinary Care Services ( PA 26-6; the Act). The Act restricts how health care providers may offer third-party financing products to patients and limits when health care providers can charge patients' credit cards. The Act is effective January 1, 2027.
New Connecticut Law Restricts Health Care Providers’ Offering of Third-Party Patient Financing
Connecticut Governor Ned Lamont recently signed into law An Act Concerning Credit Cards and Health and Veterinary Care Services (PA 26-6; the Act). The Act restricts how health care providers may offer third-party financing products to patients and limits when health care providers can charge patients’ credit cards. The Act is effective January 1, 2027.
New Connecticut Law Expedites Claim Disputes Between Health Care Providers and Insurers
On May 27, 2026, Connecticut Governor Ned Lamont signed “An Act Concerning Return of Health Care Provider Payments” (PA 26-56). As of January 1, 2027, PA 26-56 shortens the time period during which commercial health insurers can look to cancel, deny, or recoup certain payments to providers, and creates statutory timeframes in which health insurers must respond to provider appeals of such cancelations, denials, or recoupments.
Connecticut Heightens Scrutiny of Private Equity in Healthcare with Law Banning Hospital Sale-Leaseback Agreements and Requiring Private Equity Attestations | JD Supra
On May 27, 2026, Connecticut Governor Ned Lamont signed into law Public Act 26-22, "An Act Concerning Hospital Sale-Leaseback Agreements and Attestations Concerning Lack of Private Equity Control of the Hospital and Control of or Interference with the Professional Judgment and Clinical Decisions of Certain Health Care Providers" ( PA 26-22).
Connecticut Establishes New Process for Hospitals Seeking to Pause or Terminate Service Lines
On May 26, 2026, Connecticut Governor Ned Lamont signed a bill overhauling the state’s Certificate of Need (CON) program which, among other things, eliminates the current CON approval requirement for a hospital to terminate services. A new process for hospitals to provide notice of service suspensions and terminations is part of the State’s budget bill, Public Act No. 26-68 (the “Act”). This new process is highlighted below and will take effect starting July 1, 2027.
Everything Old is New Again: Connecticut Revamps Certificate of Need (CON) Program under Department of Public Health
On May 2, 2026, the Connecticut Legislature approved the overhaul of the state’s Certificate of Need (CON) program as part of its appropriations bill for the fiscal year ending June 30, 2027, Public Act No. 26-68 (“the Act”).
Massachusetts Governor Healey Announces New Department of Insurance Regulations Intended to Streamline Prior Authorization Practices | JD Supra
On January 14, 2026, Massachusetts Governor Maura Healey announced that the Division of Insurance (DOI) will be promulgating updates to its regulations with the intent of streamlining prior authorization practices for health insurance claims.
Connecticut Budget Bill Includes Notable Changes to CON Laws
On June 30, 2025 Connecticut Governor Ned Lamont signed a bill implementing the state budget through June 30, 2027, Public Act No. 25-168 (PA-168). PA-168, among other things, contains changes to the state’s Certificate of Need (CON) program. Termination of Services – Effective from Passage In Connecticut, hospitals generally must obtain CON approval from the Office of Health Strategy (OHS) for a termination of inpatient or outpatient services.
Medicare Telehealth Flexibilities Extended through September 30, 2025 | JD Supra
[co-author: Paul Palma]* On March 14, 2025, as part of a spending bill to avert a federal government shutdown, Congress extended COVID-era telehealth “waivers” applicable to Medicare until September 30, 2025. These were originally scheduled to end March 31, 2025. This is welcome news for health care organizations who have relied on the flexibility offered by these waivers to extend access to telehealth services for Medicare beneficiaries and other patients nationwide since the COVID-19 pandemic.
Connecticut Establishes Emergency Certificate of Need Process for Hospitals in Bankruptcy | JD Supra
[co-author: Paul Palma]* On March 3, 2025, Connecticut Governor Ned Lamont signed a law establishing a new process for hospitals in bankruptcy to apply for an “emergency certificate of need” (CON) to approve a transfer of ownership.
China Releases New Data Protection Audit Measures Under PIPL
Skip to main content March 04, 2025 Volume XV, Number 63 Legal Analysis. Expertly Written. Quickly Found.
Trump Administration Issues Executive Order Prioritizing Hospital Price Transparency Enforcement | JD Supra
On February 25, 2025, President Donald Trump issued an Executive Order titled “Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information” (the 2025 Order).
Trump Administration Issues Executive Order Prioritizing Hospital Price Transparency Enforcement
On February 25, 2025, President Donald Trump issued an Executive Order titled “Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information” (the 2025 Order).
OIG Audit Scrutinizes Hospital Compliance with Price Transparency Rule | JD Supra
[co-author: Paul Palma]* In November 2024, the Department of Health and Human Services Office of Inspector General (OIG) published the results of its audit assessing hospital compliance with the federal Hospital Price Transparency Rule (HPT Rule). OIG determined that 37 out of the 100 hospitals sampled failed to comply with some element of the HPT Rule’s publicly available charges requirements.
Telecom Alert: Chairwoman’s Departure; USF Constitutionality; 4.9 GHz Effective Date; 5.9 GHz Final Rules; BEAD Funding in Question [Volume XXI, Issue 48]
During the November 21st Open Meeting, Chairwoman Rosenworcel announced she would be leaving the FCC on January 20, 2025. In a public statement following the meeting, the Chairwoman stated her accomplishments during her tenure at the agency, including launching the FCC’s Space Bureau, shoring up national security, and bringing high-speed broadband to millions of new households and students during the pandemic.
OIG Audit Scrutinizes Hospital Compliance with Price Transparency Rule
In November 2024, the Department of Health and Human Services Office of Inspector General (OIG) published the results of its audit assessing hospital compliance with the federal Hospital Price Transparency Rule (HPT Rule). OIG determined that 37 out of the 100 hospitals sampled failed to comply with some element of the HPT Rule’s publicly available charges requirements.
Middle District of Florida Judge Finds False Claims Act’s Qui Tam Provision Unconstitutional | JD Supra
[co-author Paul Palma] On September 30, 2024, Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida issued an order in United States ex rel. Clarissa Zafirov v. Florida Medical Associates, LLC, holding that the qui tam provision of the False Claims Act (FCA) is unconstitutional. Judge Mizelle’s holding reasoned that the authority given to private citizens under the qui tam provision of the FCA violates the Appointments Clause of the U.S. Constitution.
South Dakota Hospital Settles False Claims Act Allegations for Over $14 Million Following Self-Disclosure | JD Supra
[co-author: Paul Palma] On September 18, 2024, the Department of Justice (DOJ) announced a settlement with Dunes Surgical Hospital and United Surgical Partners International, Inc. (USPI), an entity holding a partial ownership interest in Dunes, in connection with alleged violations of the federal False Claims Act (FCA), Anti-Kickback Statute (AKS), and Physician Self-Referral Law (commonly referred to as the “Stark Law”).
Connecticut Governor Signs Bill Prohibiting Health Care Providers from Reporting Medical Debt to Credit Reporting Agencies | JD Supra
On May 9, 2024, Connecticut Governor Ned Lamont signed into law Public Act No. 24-6, “An Act Concerning the Reporting of Medical Debt,” (The Act). The Act prohibits health care providers from reporting medical debt to credit rating agencies and makes various updates to existing laws regarding the reporting of medical debt already applicable to hospitals and collection agents.
Connecticut Governor Signs Bill Requiring Hospitals to Submit Reports on Policy Proposals Related to Emergency Department Crowding | JD Supra
On May 9, 2024, Connecticut Governor Ned Lamont signed into law Public Act No. 24-4, “An Act Concerning Emergency Department Crowding,” (The Act). The Act requires all Connecticut hospitals with an emergency department to, no later than January 1, 2025, and annually thereafter until January 1, 2029, analyze certain data with the goals of: Developing policies to reduce emergency department and admission wait times. Developing methods to improve admission efficiencies.
HHS Proposes Disincentives for Providers that Commit Information Blocking | JD Supra
On November 1, 2023, the U.S. Department of Health and Human Services (HHS) published a proposed rule titled “21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking” (the Proposed Rule). The Proposed Rule, if finalized, would create disincentives for health care providers that the HHS Office of Inspector General (OIG) determines have committed “information blocking” (as defined at 45 C.F.R. § 171.103).
Advisory Opinion 23-7: OIG Issues Favorable Opinion Regarding Proposal to Pay Bonuses to its Employed Physicians Based on Net Profits | JD Supra
On October 13, 2023, the Office of Inspector General (OIG) published Advisory Opinion 23-07 (Advisory Opinion), in which the OIG issued a favorable opinion regarding a physician group employer’s proposal to pay bonuses to its employed physicians based on net profits derived from certain procedures performed by the physicians at ambulatory surgery centers.
Advisory Opinion 23-7: OIG Issues Favorable Opinion Regarding Proposal to Pay Bonuses to its Employed Physicians Based on Net Profits
On October 13, 2023, the Office of Inspector General (OIG) published Advisory Opinion 23-07 (Advisory Opinion), in which the OIG issued a favorable opinion regarding a physician group employer’s proposal to pay bonuses to its employed physicians based on net profits derived from certain procedures performed by the physicians at ambulatory surgery centers.
Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals | JD Supra
August 24, 2023 Conor Duffy, Benjamin Jensen, Michael Lisitano Robinson & Cole LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On July 25, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center Inc. v. Department of Public Health that addresses the subject of the right to file an appeal of a certificate-of-need, or CON, decision under the Connecticut Uniform Administrative Procedure Act.
Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals
By Conor Duffy, Ben Jensen and Michael Lisitano (August 22, 2023, 5:46 PM EDT) -- On July 25, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center Inc. v. Department of Public Health[1] that addresses the subject of the right to file an appeal of a certificate-of-need, or CON, decision under the Connecticut Uniform Administrative Procedure Act.[2]...
Michael Lisitano Healthcare Attorney Robinson Cole Hartford
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Connecticut Supreme Court Addresses Contested Case Issue in Ruling on Certificate of Need Appeals | JD Supra
On July 25, 2023, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center, Inc. v. Dept. of Public Health that addresses the subject of the right to file an appeal of a Certificate of Need (CON) decision under the Connecticut Uniform Administrative Procedure Act (APA). High Watch involved a case where a party was allowed to intervene in a CON proceeding after the state CON agency had already elected to hold a discretionary hearing on the application at issue.
Connecticut Supreme Court Addresses Contested Case Issue in Ruling on Certificate of Need Appeals
This post was co-authored by Ben Jensen, member of the firm’s Intellectual Property + Technology and Business Litigation Groups, as well as the Data Privacy + Cybersecurity Team. On July 25, 2023, the Connecticut Supreme Court issued an opinion in High Watch Recovery Center, Inc. v. Dept. of Public Health that addresses the subject of the right to file an appeal of a Certificate of Need (CON) decision under the Connecticut Uniform Administrative Procedure Act (APA).
Health Law Diagnosis | JD Supra
Connecticut Governor Signs Health Care Bill Revising Connecticut’s Facility Fee Law - On June 27, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-171 entitled “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”), which includes changes to Connecticut’s facility fees law.
Connecticut Expands Applicability of State False Claims Act | JD Supra
On June 26, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-129: “An Act Concerning Liability for False and Fraudulent Claims” (the Act). The Act expands application of Connecticut’s False Claims Act (CFCA) to all claims for money or property to the state of Connecticut (except as expressly provided in the CFCA) and accordingly expands the scope of conduct covered by the CFCA.
Conn. Certificate-Of-Need Law Will Bring Greater Efficiency
By Conor Duffy, Michael Lisitano and Erin Howard (July 6, 2023, 5:28 PM EDT) -- On June 27, Connecticut Gov. Ned Lamont signed into law Public Act 23-171, titled "An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs," a law which makes wide-ranging changes to Connecticut's health care laws.... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries.
Connecticut Governor Signs Health Care Bill Revising Connecticut’s Facility Fee Law | JD Supra
On June 27, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-171 entitled “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”), which includes changes to Connecticut’s facility fees law. The Act implements previously-announced legislative initiatives that are the product of collaboration between Governor Lamont and the Connecticut Hospital Association, as well as other health care stakeholders.
Connecticut Expands Applicability of State False Claims Act
On June 26, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-129: “An Act Concerning Liability for False and Fraudulent Claims” (the Act). The Act expands application of Connecticut’s False Claims Act (CFCA) to all claims for money or property to the state of Connecticut (except as expressly provided in the CFCA) and accordingly expands the scope of conduct covered by the CFCA.
Connecticut Governor Signs Health Care Bill Revising Connecticut’s Facility Fee Law
On June 27, 2023, Connecticut Governor Ned Lamont signed into law Public Act 23-171 entitled “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”), which includes changes to Connecticut’s facility fees law. The Act implements previously-announced legislative initiatives that are the product of collaboration between Governor Lamont and the Connecticut Hospital Association, as well as other health care stakeholders.
Connecticut Health Care Bill Revises Provider-Payor Contracting Requirements to Address Competitive Concerns | JD Supra
On June 7, 2023, the Connecticut Legislature passed HB6669, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”), which includes a prohibition on certain contractual clauses in agreements between health care providers and insurance companies.
Connecticut Governor’s Health Care Bill Makes Important Changes to the Certificate of Need Process | JD Supra
June 9, 2023 Conor Duffy, Erin Howard, Michael Lisitano Robinson+Cole Health Law Diagnosis + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On June 7, 2023, the Connecticut Legislature passed HB6669, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”).
Connecticut Governor’s Health Care Bill Makes Important Changes to the Certificate of Need Process
On June 7, 2023, the Connecticut Legislature passed HB6669, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”). The Act implements legislative initiatives announced earlier this week that are the product of collaboration between Connecticut Governor Ned Lamont and the Connecticut Hospital Association, as well as other health care stakeholders. Governor Lamont is expected to sign the Act but has not done so as of this publication.
Eighteen States’ Attorneys General Send Letter to CMS in Support of Proposed Rule Requiring Disclosure of Certain Nursing Home and SNF Ownership Information
On April 14, 2023, the Attorneys General of 18 different states sent a letter to Health and Human Services (HHS) Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure in support of a proposed rule that would require the disclosure of certain ownership information regarding Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (collectively “Nursing Facilities”), particularly from private equity investors and...
Eighteen States’ Attorneys General Send Letter to CMS in Support of Proposed Rule Requiring Disclosure of Certain Nursing Home and SNF Ownership Information - LexBlog
On April 14, 2023, the Attorneys General of 18 different states sent a letter to Health and Human Services (HHS) Secretary Xavier Becerra, and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure, in support of a proposed rule that would require the disclosure of certain ownership information regarding Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (collectively “Nursing Facilities”), particularly from private equity investors and...
Home Health Company and Two Corporate Officers Settle False Claims Act Allegations for Over $30 Million | JD Supra
On October 18, 2022, the Department of Justice (DOJ) announced two settlements with CHC Holdings, LLC, an Oklahoma limited liability company doing business as Carter Healthcare (Carter), and two former senior corporate officers, resolving alleged violations of the federal False Claims Act (FCA), Anti-Kickback Statute (AKS), and Physician Self-Referral Law (commonly referred to as the “Stark Law”).
Supreme Court Denies Certiorari in Three FCA “Particularity” Cases. | JD Supra
On October 17, 2022, the Supreme Court denied certiorari in three cases asking the court to resolve a circuit split regarding the application of the particularity pleading requirement for allegations of fraud in False Claims Act (FCA) cases, as required under Federal Rule of Civil Procedure 9(b). The cases are: Johnson, et al. v. Bethany Hospice, 21-462; U.S., ex rel. Owsley v. Fazzi Associates, Inc., et al., 21-936; and Molina Healthcare, et al. v. Prose, 21-1145.
Supreme Court Denies Certiorari in Three FCA “Particularity” Cases.
On October 17, 2022, the Supreme Court denied certiorari in three cases asking the court to resolve a circuit split regarding the application of the particularity pleading requirement for allegations of fraud in False Claims Act (FCA) cases, as required under Federal Rule of Civil Procedure 9(b). The cases are: Johnson, et al. v. Bethany Hospice, 21-462; U.S., ex rel. Owsley v. Fazzi Associates, Inc., et al., 21-936; and Molina Healthcare, et al. v. Prose, 21-1145.
Home Health Company and Two Corporate Officers Settle False Claims Act Allegations for Over $30 Million
On October 18, 2022, the Department of Justice (DOJ) announced two settlements with CHC Holdings, LLC, an Oklahoma limited liability company doing business as Carter Healthcare (Carter), and two former senior corporate officers, resolving alleged violations of the federal False Claims Act (FCA), Anti-Kickback Statute (AKS), and Physician Self-Referral Law (commonly referred to as the “Stark Law”).
Advisory Opinion 22-16: OIG Declines to Impose Sanctions for Arrangement Involving Provision of Gift Cards to Patients for Completing Learning Program | Robinson+Cole Health Law Diagnosis - JDSupra
On August 19, 2022, the Office of Inspector General (OIG) published Advisory Opinion 22-16 (Advisory Opinion) in which it declined to impose sanctions for an arrangement under which the requestor provides gift cards to patients for completing an online learning program related to surgeries.
OIG Releases Data Brief on Medicare Telehealth Program Integrity Risks During the First Year of the Pandemic | JD Supra
The Department of Health and Human Services Office of Inspector General (OIG) recently released a Data Brief summarizing the findings of a review of program integrity risks related to telehealth services reimbursed by Medicare during the first year of the COVID-19 pandemic (the Pandemic).[1] The OIG analyzed Medicare and Medicare Advantage claims data from March 1, 2020, to February 28, 2021, focusing on providers that billed for telehealth services, with an emphasis on identifying providers...
OIG Releases Data Brief on Medicare Telehealth Program Integrity Risks During the First Year of the Pandemic
Friday, September 9, 2022 The Department of Health and Human Services Office of Inspector General (OIG) recently released a Data Brief summarizing the findings of a review of program integrity risks related to telehealth services reimbursed by Medicare during the first year of the COVID-19 pandemic (the Pandemic).[1] The OIG analyzed Medicare and Medicare Advantage claims data from March 1, 2020, to February 28, 2021, focusing on providers that billed for telehealth services, with an emphasis...
REMINDER: October 6 Deadline for Information Blocking Rules Approaches | JD Supra
Health care providers subject to the Information Blocking rules issued under the 21st Century Cures Act, Pub.L. 114–255, are reminded that such Information Blocking rules will apply to an expanded set of information beginning on October 6, 2022.
New Final Rule Under the No Surprises Act Released | JD Supra
On August 19, 2022, the Department of Health and Human Services (HHS), Department of Labor (DOL), and Department of the Treasury (DOT), released “Requirements Related to Surprise Billing: Final Rules” (the Rules). The Rules change and finalize the prior interim final rules concerning the information health insurers must share regarding the qualifying payment amount (QPA) and the independent dispute resolution (IDR) process under the No Surprises Act.
REMINDER: October 6 Deadline for Information Blocking Rules Approaches
Health care providers subject to the Information Blocking rules issued under the 21st Century Cures Act, Pub.L. 114–255, are reminded that such Information Blocking rules will apply to an expanded set of information beginning on October 6, 2022.
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