Waterbury Hospital v. Commission on Hospitals and Health Care, 26552

• Decision Date: 08 March 1974
• Docket Number: No. 26552,26552
• Citation: 316 A.2d 787,30 Conn.Supp. 352
• Parties: The WATERBURY HOSPITAL v. COMMISSION ON HOSPITALS AND HEALTH CARE.
• Court: Connecticut Court of Common Pleas

Page 787

316 A.2d 787

30 Conn.Supp. 352

The WATERBURY HOSPITAL v. COMMISSION ON HOSPITALS AND HEALTH CARE.

No. 26552.

Court of Common Pleas of Connecticut, Judicial District of

Waterbury.

March 8, 1974.

Carmody & Torrance, Watrbury, for plaintiff.

Robert K. Killian, Atty. Gen., and Sidney Vogel, Asst. Atty. Gen., for defendant.

DORSEY, Judge.

The plaintiff increased certain rates and charges at its hospital effective October 1 1973. On or about October 11, 1973, the plaintiff submitted or resubmitted its proposed increases to the defendant commission, withou prejudice to its claims as to the lack of jurisdiction of the commission to pass upon such increases.

The commission derives its powers by virtue of Public Act No. 73-117, which took effect October 1, 1973, except that the provisions of §§ 1 to 5, inclusive, took effect July 1, 1973. Section 17 of this act permits any party aggrieved by any decision of the commission to appeal to this court. Such an appeal shall not act as a stay of the decision appealed from unless it is so ordered by the commission or by the court or a judge thereof.

In its decision dated January 8, 1974, the commission characterized the plaintiff's submission as pursuant to § 10 of Public Act No. 73-117. This section, effective October 1, 1973, states that whenever any hospital proposes to increase its per diem per patient room rate or rates or its aggregate special service charges per patient in an amount which would increase such rate or rates or charges by more than 6 percent over a twelve-month period or 10 percent over a twenty-four month period, it 'shall file a request for approval of such increase with the commission . . . at least sixty days prior to the proposed date of increase.'

The commission's decision dated January 8, 1974, approved certain rate increases for the plaintiff, 'subject to the condition that they are not further subject to retroactive consideration.' The plaintiff has appealed from this decision, asking the court, among other things, to determine that the proposed increases are effective as of October 1, 1973, or as of such later date prior to January 8, 1974, as the court may determine.

It is apparent from the plaintiff's prayer for relief that it assumes that the commission has power pursuant to § 10 of the act to approve rate increase retroactive to October 1, 1973. The court does not intend to decide this question at this stage of the proceedings; however, it is sufficient to say that the language of § 10 does not expressly grant this power to the commission.

The application to stay the decision of the commission dated January 8, 1974, requests the court to authorize the hospital to continue to charge and collect, on and after October 1, 1973, the proposed increases and charges which were submitted to the commission on or about October 11, 1973. As indicated in the preceding paragraph, the court has some doubts that the commission itself has this power. Accordingly, the court feels reluctant to exercise this power. The application to stay also requests the court to authorize the charging and collection of proposed increases in rates and charges on and after January 8, 1974, the date of the decision of the commission. Inasmuch as the decision already authorized the hospital to collect these...