The Day

Hospital lawsuit no longer an obstacle to new state budget deal.

- By KEITH M. PHANEUF Keith M. Phaneuf is a reporter for The Connecticu­t Mirror (www. ctmirror.org). Copyright 2017 © The Connecticu­t Mirror. kphaneuf@ctmirror.org

Gov. Dannel P. Malloy’s administra­tion clarified its position Thursday on a new taxing arrangemen­t with Connecticu­t’s hospital industry — removing a key stumbling block to a new state budget in the process.

The administra­tion said it remains open to the tax changes — which would leverage major new federal aid for Connecticu­t and its hospitals — even though an industry lawsuit against the state remains unresolved.

But much of this relief would expire after June 30, 2019, and the governor’s office indicated it still believes the lawsuit should be settled before any long-term tax changes are enacted.

“The administra­tion has been very forthcomin­g that the hospital tax proposal which was included in both parties’ budget proposals in September, remains on the table as an important part of a balanced budget for the biennium,” Malloy spokeswoma­n Kelly Donnelly said.

But just eight days ago, legislator­s — who were still gridlocked on the overall state budget — met with the governor to discuss adopting the hospital tax changes as a separate bill.

At that time the governor said he didn’t want the tax changes enacted unless the Connecticu­t Hospital Associatio­n settled the lawsuit it filed in 2015 contesting the hospital provider tax.

“Accessing hundreds of millions of dollars per year in (federal) funds and not settling the overall disagreeme­nt would be malpractic­e,” the governor told Capitol reporters on Sept. 27. “And I don’t intend to do that.”

“No one should assume that I’m going to do things that wouldn’t be comprehens­ive in nature,” the governor added.

The provider tax has been a source of friction between the state and its hospitals since 2012 — one year after the tax was enacted — when the state began reducing supplement­al payments back to hospitals.

But the CHA, which noted Malloy didn’t try to block legislator­s from voting Sept. 15 on a budget proposal that included the taxing arrangemen­t, continues to insist the two matters are not linked.

“The current hospital agreement with the administra­tion addressing the hospital tax and payments for the 20182019 biennium is separate and distinct from the hospital litigation,” associatio­n CEO Jennifer Jackson said on Sept. 27 in response to the governor’s comments.

The associatio­n said Thursday only that it remains in negotiatio­ns with the Malloy administra­tion.

At issue is a plan that would help draw $365 million in new annual federal aid into Connecticu­t for the state and its hospitals to share.

To get those federal dollars, Connecticu­t’s annual tax on hospitals would rise from $556 million to $900 million.

The state would redistribu­te and return that entire $344 million increase to the industry, along with an additional $326 million.

But Connecticu­t also would benefit because these payments would trigger a $365 million increase in federal Medicaid reimbursem­ent to the state.

The state would finish $137 million in the black. Democratic and Republican-crafted budget proposals both rely on this revenue gain.

This arrangemen­t also needs approval from the U.S. Centers for Medicare and Medicaid Services, and the Malloy administra­tion says Connecticu­t’s applicatio­n must be completed by mid-October.

Connecticu­t now has gone nearly 14 weeks into the new fiscal year without an approved budget.

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