State Seeks To Dismiss Hospital Lawsuit

NEW BRITAIN, CT — Connecticut officials are looking to use passage of the state budget as one of two reasons they believe the courts should dismiss a 2016 lawsuit filed by almost every hospital in the state.

Attorneys for the Departments of Social Services and Revenue Services filed a motion in New Britain Superior Court two weeks ago to have the lawsuit challenging Connecticut’s hospital taxing scheme dismissed because the legislature has rendered the original argument moot.

“Given that the Hospital User Fee has been repealed,” attorneys for Connecticut wrote in a motion to dismiss, “the prospective relief sought by the Plaintiffs in this action has already been provided to the Plaintiffs by the General Assembly and is no longer available for the Court to provide.”

But if that argument doesn’t work, the state is asking the court “to dismiss the present action on the grounds that the Plaintiffs have failed to exhaust their administrative remedies as administrative proceedings are currently pending before both Commissioners.”

Read more: http://www.ctnewsjunkie.com/archives/entry/20180202_state_seeks_to_dismiss_hospital_lawsuit/