Mount Sinai Hosp. v. Comm'n on Hosp., No. Cv87-0328408 (Oct. 17, 1990)
Opinion of the Court
Plaintiff seeks to have defendant's decision overturned on the grounds that the commission failed timely to act on the application. Conn. Gen. Stat. 19a-154 and 19a-155 provide that such failure is deemed approval of the application. Plaintiff further argues CT Page 3252 that the decision is not supported by the record and is, therefore, arbitrary and in abuse of the agency's discretion.
Plaintiff submitted its application to defendant and to Health Systems Agency of North Central Connecticut on March 10, 1986. On March 14, the Health Systems Agency submitted forty completeness questions to plaintiff. Plaintiff responded to them. On April 5, 1986, the Health Systems Agency submitted an additional eleven completeness questions to plaintiff which it answered on April 16. On May 8, the Health Systems Agency deemed the application complete. Under Conn. Gen. Stat. 19a-155 (a), a request for approval of a capital expenditure exceeding $714,000 must be submitted to the appropriate health systems agency "at least thirty days prior to submission to" the defendant. On June 6, defendant notified plaintiff that "the ten day incompleteness review period" pursuant to Conn. Gen. Stat 19a-155 (a) and 19a-160-53 of the Regulations of Connecticut State agencies would begin on June 7, 1986. On June 20, defendant submitted 46 questions to plaintiff following its review pursuant to 19a-160-53. Plaintiff responded to those questions on July 24, 1986. On August 7, 1986, defendant posed seven questions to plaintiff regarding the open heart surgery aspect of its application and forty-four questions requesting additional information. On September 11, plaintiff's responses were received by defendant. On September 25, defendant posed 20 questions regarding the responses to the seven questions posed regarding the open heart back up program and requested additional information regarding seven of the responses to its August 7 questions. Defendant received plaintiff's responses on October 23, 1986. Defendant deemed the application complete and thus filed with it on October 23, 1986.
Defendant argues that 19a-160-53 (b) allows such a procedure. That section provides;
All deficiencies in any filed . . . application to the commission shall be brought to the attention of the . . . applicant in a written communication mailed . . . not later than ten (10) business days after receipt of the . . . application . . . and the application . . . shall be no longer before the commission.
As the Supreme Court pointed out in Commission on Hospitals Health Care v. Stamford Hospital,
The court's review of the questions posed in the second and third sets of questions reveals that the first seven questions posed on August 7 did not relate to the responses received on July 24, nor did several of the other 44 questions posed. As for the questions posed on September 25, several addressed responses received on July 24, others are not addressed to prior responses but ask new questions that might have been asked earlier. What is unknowable at this point is whether elimination of the later and improper questions would have reduced the time it took plaintiff to respond. Since some of the later posed questions did, in fact, relate to the July 24 responses and those of September 11, the court cannot find that further inquiry was totally inappropriate. While the court sympathizes with plaintiff's concern that defendant needlessly postponed the review process, it cannot find that its sole motive was delay. While plaintiff did respond to the specific requests made to it on June 20, the later inquiries were not wholly "unrelated claims, " but did include questions related to the responses. The court finds, therefore, that the decision was rendered timely.
Plaintiff next challenges the support found in the record for defendant's decision. It argues that the commission substituted its lay judgment for the expert opinion evidence offered by plaintiff. See Feinson v. Conservation Commission,
More troubling is the commission's failure to comply with Conn. Gen. Stat
For that reason the appeal is sustained and the matter remanded to defendant to allow compliance with
SUSCO, J.
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