Updated: Judge dismisses Day Kimball appeal of state approval for HHC’s Plainfield Surgery Center

Google Earth Hartford HealthCare's Plainfield Surgery Center is located at 584 Norwich Road, Suite 300.

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A Connecticut judge has dismissed an appeal filed in 2021 by Day Kimball Healthcare against the state and Hartford HealthCare (HHC) over a settlement related to the approval of an HHC ambulatory surgery center in Plainfield.

Officials with Day Kimball Healthcare say they plan to appeal the decision.

In an 18-page decision dated Dec. 10, Superior Court Judge Matthew J. Budzik ruled that Putnam-based Day Kimball Healthcare lacked the legal standing to challenge the settlement “because the financial and competitive interests asserted by Day Kimball in this appeal are not within the zone of interests” protected by state law.

Day Kimball “cannot prove the statutory aggrievement necessary to sustain this administrative appeal,” he added. “Accordingly, the court dismisses this appeal for lack of subject jurisdiction.”

In its appeal, Day Kimball argued that the state Office of Health Strategy (OHS) failed to properly apply state law before granting Certificate of Need (CON) approval for the surgery center. It also claimed that the hearing process conducted by OHS “lacked fundamental fairness.”

OHS countered that it did properly apply state law, that the hearing process was fair and that Day Kimball lacked standing to challenge the settlement. The judge ultimately agreed with OHS.

In a statement emailed to Hartford Business Journal, officials with Day Kimball Healthcare said they have "begun the appeal process" with the Connecticut Appellate Court.

"As part of our ongoing commitment to the population we serve," the email states, "Day Kimball Health also believes it appropriate to appeal the trial court's dismissal of our administrative appeal related to the proposed surgery center in Plainfield."

The administrative appeal was filed after the settlement in the CON application process was issued on Jan. 26, 2021. The settlement was reached after Day Kimball had requested a public hearing on the CON approval for the surgery center. The hearing was conducted in 2020.

Under the settlement, HHC was required to close one of its six operating rooms at Windham Hospital and thereafter be licensed for only five ORs. Windham Hospital is owned by Hartford HealthCare.

HHC’s Plainfield Surgery Center, at 584 Norwich Road, Suite 300, was approved to have two operating rooms and two “additional rooms shelled for future use,” according to the settlement agreement.

The facility opened with an initial focus on orthopedics, pain management, urology and gastroenterology.

The dispute arose as HHC sought to expand its footprint in Fairfield, Windham and Litchfield counties.

Hartford HealthCare did not immediately respond to a request for comment.

NOTE: This article was updated to include a statement from Day Kimball Health.