SB 1481, An Act Prohibiting Discrimination In Services Funded Under Medicaid

TESTIMONY OF THE CONNECTICUT HOSPITAL ASSOCIATION
SUBMITTED TO THE HUMAN SERVICES COMMITTEE

Tuesday, March 11, 2025

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning SB 1481, An Act Prohibiting Discrimination In Services Funded Under Medicaid. CHA opposes this bill as it is duplicative of existing application requirements under the Connecticut Medical Assistance Program.

Connecticut hospitals and health systems care for patients, strengthen the state’s economy, and support vulnerable communities across the state. Every day, they work to improve healthcare access, affordability, and health equity. Even as they face ongoing challenges, hospitals provide world-class care to everyone who walks through their doors.

Effective upon passage, Section 1 of this bill obligates the Commissioner of Social Services to require, as a condition of receiving Medicaid reimbursement, that a provider agree, in writing, not to discriminate against any persons whose rights are protected under Connecticut’s human rights laws. Additionally, in Section 2, the bill allows the Commissioner the ability to withhold Medicaid payments from any provider determined to have engaged in discrimination.

The Regulations of Connecticut State Agencies Sec. 17b-262-526 (1) requires under general provider requirements that in order for a provider “to maintain enrollment in the Connecticut Medical Assistance Program, a provider shall abide by all federal and state statutes and regulations and operational procedures promulgated by the department which govern the Medical Assistance Program.” As such, the Connecticut Department of Social Services (DSS) Medical Assistance Program application process includes a provider agreement section that must be signed by the provider and includes a section on nondiscrimination requiring the provider to follow any nondiscrimination laws of the United States or the state of Connecticut. The nondiscrimination provisions in that section list the various federal nondiscrimination laws covered by the agreement.

The DSS provider agreement document also clearly states that by signing and providing the agreement back to DSS, the provider agrees to abide and continually comply with all the stipulations set forth. It further indicates that “the undersigned acknowledges that the commission of any Medicaid related offense as set out in 42 U.S.C. Sec. 1320a-7b may be punishable by a fine of up to $25,000 or imprisonment of up to five years or both.”

CHA wholeheartedly supports protecting people from discrimination when receiving healthcare services. It also appears that the DSS Medical Assistance Program provider enrollment and application process already includes requirements to ensure the necessary compliance with both federal and state nondiscrimination laws and allow for potential penalization of a provider found in noncompliance. The provisions proposed in SB 1481 are duplicative of existing processes and CHA encourages the committee not to move forward with this bill.

Thank you for your consideration of our position. For additional information, contact CHA Government Relations at (203) 294-7301.