AG Tong discusses WCMH maternity closure

 Connecticut Attorney General William Tong was in Willimantic this week to meet with residents concerned with the closing of Labor & Delivery at Windham Hospital, led by Windham United to Save or Services, a community group dedicated to this purpose, and to do a radio program with State Representative Susan Johnson.

Here is an article from The Chronicle written by Michelle Warren

Tong discusses WCMH maternity closure

MICHELLE WARREN

Chronicle Staff Writer

WILLIMANTIC — A week after Hartford HealthCare was fined by the state for prematurely closing the maternity unit at Windham Community Memorial Hospital, Attorney General William Tong was in town this week, discussing the challenging regulatory process involving hospitals.

“The law and the regulatory infrastructure around all of this — I’ll be charitable — is very complicated,” Tong said while joining emergency responders, town officials, state legislators and other community members during lunch at Garibaldi’s Mexican Food in Willimantic.

The event was held before Tong appeared on WILI’s show “Let’s Talk About It” with state Rep. Susan Johnson, D-Willimantic.

On Wednesday, Tong spoke about the problem of large corporations “monopolizing,” including health care corporations.

“There are concentrations of market power in so many industries right now,” he said.

Given the power of the large companies, Tong emphasized the importance of the community members bringing their concerns about the closure of the Windham Hospital maternity unit to Hartford HealthCare’s attention.

“It’s really important that you elevate your voices,” he said, noting other people are “pushing in the opposite direction.”

Hartford HealthCare applied through the state Office of Health Strategy (OHS) for a certificate of need application to terminate the maternity unit services on Sept. 3, 2020.

The CON application shows the last birth occurred at the hospital in June 2020.

In its CON application, Hartford HealthCare cites the low birth rate and trouble recruiting staff as reasons for the closure.

On Feb. 8, the state Office of HealthCare Strategy announced it was fining Hartford HealthCare at least $151,000, or $1,000 a day, for closing the maternity unit before receiving approval from the state to terminate the service.

Under state statutes, Hartford HealthCare is required to apply for and obtain a certificate of need before terminating a service like the birthing unit, which OHS states Hartford HealthCare did not do.

However, OHS reduced its fine to $65,000.

In a letter Tuesday, Office of Health Strategy Deputy Director/Chief of Staff Kimberly Martone sent a letter to Hartford HealthCare Director of Strategic Planning Barbara Durdy notifying Hartford HealthCare that it would be fined $1,000 a day, from July 1, 2020, to when they “properly filed” for the CON application on Sept. 3, 2020, resulting in 65 days in violation and a $65,000 penalty.

She wrote that consistent with state statutes, Hartford HealthCare has the right to request a hearing related to its penalty.

“We remain committed to working with OHS to bring our application to a decision in a timely manner,” Hartford HealthCare Director of Media Relations Tina Varona said in an email Wednesday.

“We disagree with any penalty and are evaluating our legal options.”

She declined to comment further on the matter, including whether Hartford HealthCare planned to request a hearing.

OHS could not be reached for comment.

Many expressed concerns about the closure of the maternity unit during a CON hearing held by OHS on Nov. 10, 2021, some of whom attended the event Wednesday.

One of the main concerns raised is the time it would take for women going into labor to get to a hospital with a birthing unit, with some now traveling to The William W. Backus Hospital in Norwich or Manchester Hospital instead of Windham Hospital.

Brenda Buchbinder, a member of the Windham United to Save Our HealthCare coalition, which has been vocal about its opposition to the closure of the maternity unit, said there are people in the area who don’t speak English and others who don’t have vehicles.

She said pulling the “plug” on the unit in the middle of a pandemic is “absolutely heartless.” “There is no bottom line that justifies it,” Buchbinder said.

Johnson thanked Tong for his work on the Windham Hospital issue.

“We have to regulate it to the best of our ability,” she said.

The first step, Johnson said, was setting up a process through the Office of Health Strategy.

Speaking about potential dangers on the roads heading to the hospital, Willimantic Fire Department Chief Marc Scrivener spoke about an accident involving an American Ambulance that got into a head-on accident March 25, 2021, on Route 32 in Franklin.

During that accident, 49-year-old Dawn Brett, a Willimantic resident, was killed and the ambulance driver and front-seat passenger were hospitalized with minor injuries.

Scrivener said when Willimantic has to send an ambulance to Backus for a medical transport, including a woman going into labor, it takes away staff that would respond to Willimantic calls.

He said two Willimantic EMTs respond to each ambulance call, noting the Willimantic Fire Department has “minimal staffing” as it is.

“That’s a downstream effect that you might not think of,” Scrivener said.

Tong said often, private institutions that operate like for-profit institutions make decisions “based on dollars and cents” and justify those decisions with spreadsheets and reports.

However, he said, the impact service changes will make on the community should also be considered.

Tong said in “really extreme circumstances,” the situation can “cost lives.”

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