🔒CT reaches settlement with mental health provider over unapproved Branford facility

State health regulators have reached a settlement with a Hartford-based nonprofit that opened a behavioral health and substance use disorder treatment facility in Branford in 2023 without approval. The state Office of Health Strategy on Tuesday announced the settlement with The Hartford Dispensary, which does business as the Root Center for Advanced Recovery (RCAR). According to the settlement agreement, RCAR provides behavioral health and substance use disorder treatment services under a contract with the state Department of Children and Families (DCF). On July 6, 2023, RCAR submitted a form to OHS to determine whether a Certificate of Need application was required to open a new facility at 6-12 Business Park Drive in Branford. OHS responded five days later, stating that providing the services in Branford would “constitute the establishment of a new healthcare facility,” which would require a CON. RCAR, however, opened the Branford facility without obtaining the CON, the settlement agreement states. OHS then opened a compliance inquiry into the new facility. On Oct. 23 last year, OHS sent a notice to RCAR stating its intent to impose a civil penalty of $266,000 over its failure to comply with CON regulations. RCAR responded by requesting a hearing on the penalty. RCAR subsequently filed an application for a CON for the facility on Jan. 8, and OHS deemed the application complete on Jan. 27. The six-page settlement agreement includes OHS issuing its approval of the facility and closes the CON inquiry. RCAR also agreed that, in lieu of the civil penalty, it will make two donations totaling $50,000 – providing $25,000 each to Connecticut Foodshare and St. Vincent DePaul assistance programs in the state. The agreement has 28 conditions, including requirements to provide the state with current copies of all facility licenses within 30 days; notifying OHS of any “material change affecting Medicaid status”; maintain a financial assistance policy; and provide OHS with its most recent accounting of financial assistance services. The settlement agreement was signed by Amy Porter, acting commissioner of OHS, and Jennifer Succi, CFO of The Hartford Dispensary.