Trinity hospital appeals $394K fine for closing birthing unit

Stafford, Conn.-based Johnson Memorial Hospital, part of Hartford, Conn.-based Trinity Health of New England, is appealing a $394,000 civil penalty from the state Office of Health Strategy for failing to resume labor and delivery services despite state requirements to do so, CT Insider reported Jan. 20.

The Office of Health Strategy issued the notice of civil penalty on June 29, 2022. At the time, state officials believed the hospital willfully failed to resume labor and delivery services despite the expiration of a temporary waiver granted pursuant to an executive order signed by the governor, according to the notice, which was shared with Becker's. The executive order, signed in 2020, authorized the Office of Health Strategy to waive certificate-of-need statutory and regulatory requirements for certain transactions. A subsequent executive order extended the authority of the office to continue to waive these requirements through May 29, 2021. 

Tina Kumar-Hyde, a spokesperson for the Office of Health Strategy, told Becker's that Johnson Memorial has requested a hearing to contest the civil penalty. 

"OHS' hearing officer is working on the proposed final decision in this matter," she said. "The proposed final decision will recommend that the [OHS] executive director either uphold, mitigate or waive the assessed penalty."

Additionally, the hospital sought approval from the state in September 2022 to close its labor and delivery unit. On Jan. 16, Connecticut's Office of Health Strategy recommended that the executive director deny the request, Ms. Kumar-Hyde said. The hospital may, within 21 days, or by Feb. 6, request to file exceptions, a brief, and present oral argument. Ms. Kumar-Hyde said the executive director will then issue a final decision that adopts, modifies or reverses the proposed final decision related to the recommendation.

Trinity Health of New England shared the following statement with Becker's: "Our appeal of the civil penalty assessed by the Office of Health Strategy is pending. While it's not clear when OHS will render a decision on the matter, we remain committed to working with state officials to ensure we are able to meet the ever-changing healthcare needs of the greater Stafford community.

"We are currently deliberating our next steps regarding the [certificate-of-need application] denial. We are dedicated to continuing to work with state officials to resolve this issue and further our goal of providing safe, high-quality care."

The spokesperson did not say whether the birthing unit would reopen.

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