HB 5511, An Act Concerning The Department Of Public Health’s Recommendations Regarding Consent Orders

TESTIMONY OF THE CONNECTICUT HOSPITAL ASSOCIATION
SUBMITTED TO THE PUBLIC HEALTH COMMITTEE

Friday, March 13, 2026

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning HB 5511, An Act Concerning The Department Of Public Health’s Recommendations Regarding Consent Orders.  CHA opposes the bill as written. 

Connecticut hospitals make our state stronger by delivering nationally recognized, world-class care, supporting jobs and economic growth, and serving communities across Connecticut.  Every day, hospitals improve access, affordability, and health equity — providing care to all patients regardless of ability to pay.  At the same time, hospitals invest in their workforce and local communities, even as they navigate significant financial and federal challenges.

HB 5511, on its face, would give the Department of Public Health (DPH) unlimited power to create new obligations and conditions for every licensee, permittee, or registrant based solely on the commissioner deeming such condition necessary.  That level of power should not be delegated to a commissioner in a non-emergency situation.

While the bill’s title references consent orders, the bill’s purpose statement demonstrates our concern, that the plain meaning of the bill goes well-beyond consent orders and would grant the commissioner unchecked power to add conditions in all circumstances separate and apart from consent orders: “Statement of Purpose: To allow the Commissioner of Public Health to (1) impose conditions on the issuance or renewal of any permit, approval, registration, certificate or license, and (2) resolve enforcement actions with an agreed settlement or consent order without need for a formal hearing.”

CHA agrees that DPH should be able to enter truly voluntary consent orders.  At the same time, it is important to ensure that an agency does not use its powers relating to consent orders as a cudgel against licensees, permittees, or registrants. 

Our concerns with the bill would be corrected by the following change at lines 44-51:

[In exercising any authority to issue or renew any permit, approval, registration, certificate or license, the commissioner may include any condition that the commissioner deems necessary to ensure compliance with the regulatory requirements related to such permit, approval, registration, certificate or license.] In the administration or enforcement of any applicable statute, regulation, permit or order, the department may resolve any dispute regarding compliance by agreed settlement or consent order.

We welcome the opportunity to work with the committee and DPH on fine tuning the bill.

Thank you for your consideration of our position.  For additional information, contact CHA Government Relations at (203) 294-7301.