(HARTFORD, CT) – The Office of Health Strategy (OHS) has introduced a new notification to its Certificate of Need (CON) application process. The notification indicates to the public when OHS and a CON applicant have entered into confidential settlement negotiations. Danbury Proton, LLC (Docket No. 23-32678-CON), is the first applicant to participate in the notification process with OHS. Connecticut statute permits OHS to reach an agreed settlement with an applicant to serve the best interest of Connecticut residents.
“Our goal in negotiating a settlement with an applicant is to ensure any issues within the application we have determined to be insufficient to meet quality, access and affordability criteria are fully addressed,” said Deidre S. Gifford, MD, MPH, Commissioner. “Settlement negotiations only begin after the public has had an opportunity to participate in the process by requesting a public hearing, seeking intervenor status or submitting testimony.”
When an applicant voluntarily enters confidential settlement negotiations with OHS, both parties agree to suspend prescribed process timelines for a mutually agreed upon period. That timeline may be extended if progress in the negotiations is ongoing. All agreed settlements are posted to the OHS CON online portal. If negotiations do not result in an agreed settlement, OHS will issue a final decision within 60 days of the conclusion of the negotiations. All decisions are also posted to the portal.
Confidentiality in settlement negotiations allows for more productive bargaining and encourages open and honest discussions by protecting sensitive or proprietary information from public disclosure. Confidentiality also prevents outside influence on both the applicant and the agency.
Negotiations between the applicant and OHS consider information already entered into the record and posted publicly through the portal, as well as data provided by intervenors and public testimony. If new documents, introduced during negotiations, are relied upon for settlement, OHS makes every effort to post those documents in the online portal, unless protected by applicable confidentiality orders or other protections afforded by law.
“We continue to support transparency in the CON process by providing public access to the CON portal, providing virtual participation options for public hearings, posting public hearing videos online, providing weekly status updates on open applications and sharing data demonstrating continued improvements in application processing,” said Gifford. “We welcome public participation at the appropriate time and in the appropriate manner, and we duly consider public input in all decisions, regardless of how those decisions are reached. We have been entrusted by the legislature and by the citizens of our state to reach impartial, objective decisions that support healthcare affordability, access and quality in our communities. The process protects our ability to fulfill that responsibility.”
To read the Notice of Agreed Settlement for Danbury Proton, LLC, search docket no. 32678 on the CON Portal and select view documents.