In accordance with Section 33-182bb of the Connecticut General Statutes, as amended by Section 7 of Public Act 16-95, any hospital, health system or medical school may organize and become a member of a nonprofit medical foundation under Connecticut’s Nonstock Corporations law for purposes of practicing medicine and providing health care services through employees or agents of such medical foundation who are licensed physicians, chiropractors, optometrists or podiatrists.  In Connecticut, laws regarding medical foundations were first enacted in 2009, through Public Act 09-212, which was later codified under Chapter 594b of the Connecticut General Statutes.

 
What is the statutory authority for this filing requirement?

The law requires any medical foundation organized on or after July 1, 2009 or any medical group clinic corporation that amends its certificate of incorporation to form a medical foundation, to file a copy of its certificate of incorporation and any amendments to its certificate of incorporation with OHCA not later than ten business days after the medical foundation files such documentation with the Secretary of the State. See Public Act 16-95, Section 7 at the following link:

 

 

The law also requires any medical foundation, regardless of when it was organized, to file notice with OHCA and the Secretary of State of its liquidation, termination, dissolution, or cessation of operations not later than ten business days after a vote of the medical foundation’s board of directors or members to take such action.

 

The annual report filing for a medical foundation’s previous fiscal year ending September 30th should be filed with OHCA by December 31st of each year (i.e. the initial annual report filing for fiscal year ending September 30, 2013, was due to be filed with OHCA by December 31, 2014).  OHCA began posting the annual report filings on its website in January 2015.

 

(b) Any (1) independent practice association, or (2) other business entity that (A) is registered to do business in this state pursuant to title 33 or 34, (B) has a principal place of business in the state, and (C) has sixty per cent or more of the entity's ownership and control held individually or jointly by (i) an independent practice association, (ii) a provider, or (iii) a professional partnership, professional corporation or limited liability company that is not a captive professional entity, as defined in section 19a-486i, as amended by this act, and that is formed to render professional medical services, and each partner, shareholder or member of such professional partnership, professional corporation or limited liability company is a physician licensed under chapter 370, may organize and become a member of a medical foundation for the purpose of practicing medicine and providing health care services as a medical foundation through employees or agents of such medical foundation who are providers. The ownership or control of any independent practice association or other business entity organizing a medical foundation pursuant to this subdivision may not include any hospital, health system, medical school or medical foundation organized pursuant to subsection (a) of this section.

 

As required by Section 7 of Public Act 16-95, which amends Section 33-182bb of the Connecticut General Statutes, medical foundations must now provide annual reports to OHCA that include the following: (1) a statement of its mission; (2) the name and address of the organizing members; (3) the name and specialty of each physician employed by or acting as an agent of the medical foundation; (4) the location or locations where each such physician practices; (5) a description of the services it provides, provided at each such location; (6) a description of any significant change in its services during the preceding year; (7) a copy of the medical foundation’s governing documents and bylaws; (8) the name and employer of each member of the board of directors; and (9) other financial information as reported on the medical foundation’s most recently filed Internal Revenue Service return of organization exempt from income tax form or, if such medical foundation is not required to file such form, information substantially similar to that required by such form.

 

OHCA requests that the report requirements be met by filing the information as a PDF file in Adobe Acrobat for ease in posting on the website.

 

Below is a listing of medical foundation documents that have been filed with OHCA.   To view a particular Certificate of Incorporation filing, click on the date the certificate was received by OHCA located in the third column of the table.  Additionally, to view the most recently received Annual Report filing from a medical foundation, please click on the date the report was received by OHCA located in the fourth column of the table:  

 

 

Table: 2016 Medical Foundation Documentation Filed with OHCA

 

File #	Medical Foundation’s Name; Sole Member’s Name.	Date the Certificate of Incorporation was received by OHCA	Date of the latest Annual Report received by OHCA
09-02-MF	L&M Physician Association, Inc.; Lawrence & Memorial Corporation	October 29, 2009	December 21, 2016
11-01-MF	Bristol Hospital Multispecialty Group, Inc.; Bristol Hospital and Health Care Group, Inc.	June 6, 2011
11-02-MF	Community Medical Partners, Inc.; subsequently ceased to exist as a legal entity.	October 4, 2011	N/A
11-04-MF	Day Kimball Medical Group, Inc.; Day Kimball Healthcare, Inc.	December 28, 2011	January 3, 2017
12-01-MF	HHC PhysiciansCare, Inc.; Hartford HealthCare Corporation	March 5, 2012	December 29, 2016
12-02-MF	Connecticut Geriatric Specialty Group, Inc.; Hebrew Health Care, Inc.	August 2, 2012
14-01-MF	Western Connecticut Medical Group, Inc.; Western Connecticut Health Network, Inc.	January  8, 2014
14-02-MF	Northeast Medical Group, Inc.; Yale-New Haven Health Services Corporation	May 23, 2014	December 21, 2016
14-03-MF	St. Vincent’s Multispecialty Group, Inc.; Saint Vincent’s Medical Center, Inc.	January 3, 2017
14-04-MF	MHS Primary Care, Inc.; Middlesex Health System, Inc.	August 25, 2014
15-01-MF	Norwalk Hospital Physicians & Surgeons, Inc. ("NHPS") Norwalk Health Services Corporation   NHPS subsequently ceased to exist as a legal entity.	March 30, 2015	N/A
15-02-MF	Stamford Health Integrated Practices, Inc. Stamford Health System, Inc.	November 16, 2015
16-01-MF	Prospect CT Medical Foundation, Inc.	April 22, 2016