Griffin Hosp. v. Commission on Hosp. and Health Care
Decision Date | 15 July 1986 |
Citation | 200 Conn. 489,512 A.2d 199 |
Court | Connecticut Supreme Court |
Parties | , Medicare & Medicaid Guide P 35,910 The GRIFFIN HOSPITAL v. COMMISSION ON HOSPITALS AND HEALTH CARE. |
Thomas J. Ring, Asst. Atty. Gen., with whom were Richard J. Lynch, Asst. Atty. Gen., and, on brief, Joseph I. Lieberman, Atty. Gen., and Maite Barainca, Asst. Atty. Gen., for appellee-appellant (defendant).
Before HEALEY, SHEA, DANNEHY, CALLAHAN and JACOBSON, JJ.
On September 15, 1983, the defendant commission on hospitals and health care (commission), pursuant to its authority under General Statutes § 19a-156(a), ordered the plaintiff, Griffin Hospital (hospital), to adopt a budget for the 1984 fiscal year. The budget ordered by the commission authorized revenues, operating expenses and capital expenditures in amounts substantially lower than those proposed by the hospital in a budget submitted to the commission on July 5, 1983. On September 29, 1983, the hospital appealed from the commission's September 15, 1983 budget order, and the matter was referred to Hon. Thomas J. O'Sullivan, state trial referee, who, exercising the powers of the Superior Court, rendered judgment on June 19, 1984. The referee, in a detailed memorandum of decision, upheld for the most part the budget reductions ordered by the commission, but modified the commission's order in several important respects. Neither party is satisfied with the judgment of the referee. The plaintiff has appealed from that judgment, and the defendant has cross appealed.
We begin with a brief outline of the facts. The hospital filed its proposed operating and capital expenditures budget with the commission on July 5, 1983. The hospital's budget proposed net patient revenues of $39,755,000, net operating expenses of $37,272,000, and capital expenditures of $1,483,668. On July 15, 1983, the commission notified the hospital that it had rejected the proposed budget, and that it would conduct a public hearing "to allow the hospital the opportunity to present evidence in support of the proposed fiscal 1984 operating and capital budget." The notice also stated that the hospital should present its evidence at the public hearing "in a manner ... consistent with the provisions of the commission's regulations." On August 8, 19 and 29, 1983, the commission conducted public hearings on the hospital's budget for the 1984 fiscal year. On September 15, 1983, it issued its decision and order requiring the hospital to adopt the budget as modified by the commission.
The budget ordered by the commission for the 1984 fiscal year authorized net patient revenues of $34,197,000, net operating expenses of $33,131,000, and capital expenditures of $411,800. The authorized figures represented reductions of $5,558,000, $4,141,000 and $1,071,868 respectively, in the amounts originally requested by the hospital in its proposed budget submitted on July 5, 1983. In its appeal to the Superior Court, the hospital challenged the reductions in its budget ordered by the commission on various statutory and constitutional grounds. The trial referee accepted some of the hospital's claims and rejected others. We now turn to the specific claims raised in the appeal before us.
GRIFFIN HOSPITAL APPEAL
preemption
The first of the hospital's contentions is that the commission's budget order conflicts with federal law and is therefore preempted under the supremacy clause. The hospital claims that the September 15, 1983 budget order required it to use federal medicare reimbursements to subsidize the health care costs of nonmedicare patients. Under the medicare program, the federal government reimburses participating hospitals for services provided to medicare patients according to a set of Preemption analysis has two prongs. In order to conclude that state regulatory action has been preempted, it must be determined that (1) Congress has evidenced an intent to occupy the field or (2) the state regulation actually conflicts with federal law. Silkwood v. Kerr-McGee Corporation, 464 U.S. 238, 248, 104 S.Ct. 615, 621, 78 L.Ed.2d 443 (1984); Times Mirror Co. v. Division of Public Utility Control, 192 Conn. 506, 510-11, 473 A.2d 768 (1984). The hospital does not claim that an actual conflict exists between the commission's budget order and the federal medicare reimbursement system. Rather, it contends that "Congress intended to preempt the state from regulating the field of Medicare cost containment and reimbursement." We do not agree. We fail to see how the federal method of medicare reimbursement can be said to preempt the state from regulating overall costs at individual medical facilities. The commission's budget order does not purport to restrict the number of medicare patients actually treated by the hospital, or the federal level of reimbursement for any of the services provided. The "profits" anticipated by the hospital from its medicare operations under the commission's budget are attributable, in part, to the level of overall operating expenses set by the commission. If the hospital were allowed to operate at the expense level originally proposed in its July 5, 1983 budget, then its medicare "profits" would quickly disappear. Since any adjustment by the commission of overall expenses would necessarily affect the level of medicare "profits," we believe that it has the authority to regulate such "profits" to the extent that they exist.
SCOPE OF REVIEW
We next address the hospital's claims of error relating to specific items cut from its proposed budget by the commission in its September 15, 1983 decision. Before turning to those claims, we reiterate for the benefit of all concerned that the scope of our review is extremely limited. Judicial review of the commission's budget decision is governed by the Uniform Administrative Procedure Act. General Statutes § 4-166 et seq. With regard to questions of fact, it is neither the function of the trial court nor of this court "to retry the case or to substitute its judgment for that of the administrative agency." Madow...
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