HARTFORD, Connecticut – Actors on the Public Health Committee today have heard their support and opposition to the law aimed at protecting access to healthcare and ensuring the fair provision of Connecticut health services.
Law – Senate Bill 7, The “Protections for Access to Health Care and the Equitable Delivery of Health Care Services” establishes new safeguards for patients, including those seeking emergency care, reproductive services and gender-affirming treatment.
Grace Brunwin, Public Policy Associates for the Connecticut Business & Industry Association (CBIA) testified against Section 14 of the bill along with Rep. Kerry Wood, D-Rocky Hill.
Section 14 proposed research into the possibility of regulating suspension policies used in conjunction with self-funded health plans, and Brangwynne raised concerns about potential legal implications related to the Employee Retirement Income Security Act (ERISA).
“Section 14 of SB 7 combines a stop loss policy combined with a self-funded plan, and this study seeks to find ways to apply state-level regulations to federally regulated entities,” said Brangwynne. “This could pose major legal issues due to the ERISA’s preemptive clause, which directs that state laws seeking to regulate their own financial planning will not be applied to replace federal law.”
The CBIA opposition focuses on the complex relationship between full insurance plans, self-funding plans, and stop loss policies. Under a self-funded plan, employers will bear the costs of medical bills up to certain thresholds, and stop loss policies cover additional costs.
Connecticut’s Department of Insurance regulates fully insured plans, but self-funded plans fall under federal jurisdiction, and critics argue that attempts to apply state-level regulations could lead to confusion and potential legal challenges.
Presenting written testimony in support of the bill and representing the offices of Attorney General Williamton, Alma Nunley and Emily Gate, noted that the bill ensures that it provides life-saving emergency care regardless of patient’s ability to pay or insurance status, and highlights provisions to protect patients experiencing emergency medical conditions.
“The state can also go over the floor by the federal Emtala [Emergency Medical Treatment and Labor Act] Provides additional protection for state patients. SB 7 not only reflects federal EMTALA, but Section 12 also provides patients with protection from discrimination in the delivery of care,” states the Attorney General’s written testimony.
The bill also seeks to address the gap that emerged following the US Supreme Court’s 2022 decision Dobbs v. Jackson Women’s Health Agencyoverturned the constitutional right to abortion.
The Attorney General’s Office of Testimony said state-level laws like SB 7 are essential to maintaining consistent standards for patients, including reproductive health services. The bill emphasized explicitly protecting patients from discrimination and ensuring equitable access to reproductive and gender-affirming care.
“If an individual arrives at a hospital or independent emergency department where he is struggling with an emergency medical condition or active work, they must provide the necessary care to stabilize his condition. The insolvency of patient care, or other non-medical factors, should not be a life-saving medical barrier,” the written testimony states.
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