Friday, October 14, 2011

Tenet Announces Legal Appeal

The DHEC appeal was denied yesterday and today the Charlotte Observer has this:
Tenet Healthcare Corp. said Thursday it will appeal a decision by S.C. regulators that allows Carolinas HealthCare System to build the first hospital in northern York County. Tenet runs Piedmont Medical Center in Rock Hill.
The Charlotte Observer also says that Novant has not said anything about a legal appeal. I predict Novant will definitely file a legal appeal, after all Piedmont is a sore loser, so join in on the public hatred that goes into delaying a hospital being built in Fort Mill.

Thursday, October 13, 2011

Reactions 1st Appeals

At this point, the news is all a buzz in Fort Mill.  Most want this to hospital mess to be over. Most believed the first go-a-round was a mess with back-door deals between Piedmont and York County and with York County and DHEC. A lot of people were relieved that someone other than Piedmont might actually win this time.

People want this to be over and they want CMC to move on with the building process.  Don't take my word for it, read it for your self.  Actually, what you will read (if you research the subject like I have) is that people really, really do not like Piedmont Medical Center.  Yes there are a couple fan boys out there for Tenet, but only a few.

The following are actual user comments from the Rock Hill Herald:
I hope Piedmont is listening. It is obvious how unpopular they are and how much we want an alternative to their money grubbing, lousy treatment. Go CMC! I have experience at both places and CMC is heads above Piedmont in every respect.
This puts us one step closer to having CMC in Fort Mill. Now if PMC and Presbyterian would just get the message CMC can break ground and get on with building our hospital.
"Both hospitals are expected to appeal to an administrative law judge."
Give it up Charlie, you and Tenet are grasping at straws, let it go, no one wants PMC to build.
Most comments include statements similar to Piedmont needs to do a better job of patient care at their hospital before trying to build a new one.  To site past stories, a suggestion by an expert said that stigmas, like Piedmont, need to take a close look at who is running the hospital and they probably need to make some changes. (If you try to find the story at the Rock Hill Herald now, you will find the line "It points to management and patient care problems"completely absent from the online article now.)


Piedmont and Tenet need to put the money for an appeal into hiring better staff, training existing staff that need training, and improving PMC. I believe the same thing that most people believe, fix your own hospital before trying to build another. I didn't see the names of any other Tenet Hospitals on the list of the worst outcomes as reported by Medicare.

SC DHEC Will Not Hear Appeal

Just before noon, SC DHEC decided they would not hear the appeal on the Carolina's Medical Center - Fort Mill ruling. Appeals were filed by both Presbyterian and Piedmont Medical Center after CMC was awarded the Certificate of Need for the future Fort Mill Hospital.

While this is good new for Fort Mill residents, the seemingly intentional delays by both Presbyterian (Novant) and Piedmont Medical Center (Tenet) are predicted to drag on.  Both Presbyterian and Piedmont Medical Center have 30 days to appeal the decision to the South Carolina Administrative Law Court.

Everyone expects Tenet to appeal based on their past behavior. If Tenet appeals as expected, Novant will most likely appeal too.

The next appeals deadline would be November 12th, 2011, but that may get moved from Saturday to Monday the 14th.

Without further appeals, Fort Mill will have its first hospital in about 2 1/2 years.

News stories about the announcement:
Charlotte Observer
Rock Hill Herald

SC DHEC Agenda Released


Today, SC DHEC board will decide whether to hear the appeals. We should hear a decision by noon.

If they agree to hear the appeals, that would occur at the DHEC board's Nov. 10 meeting.

If they deny the appeal, the certificate of need decision can still be appealed to an Administrative Law Court judge.

S.C. Board of Health and Environmental Control Agenda
October 13, 2011

Call to Order – 10:00 a.m., Board Room (#3420)
S.C. Department of Health and Environmental Control, 2600 Bull Street, Columbia, S.C.
  1. Board Minutes – September 8 meeting and September 13 conference call – For Approval
  2. Monthly Award for Excellence – October 2011 – C. Earl Hunter
  3. Handling of Request for Final Review requiring action by November 10, 2011 (No. 11-RFR- 46 through 11-RFR-51)

    Docket No. Requestor Applicant/Permittee/Respondent



    11-RFR-47 (HR) Piedmont Medical Center
    Presbyterian Hospital York, LLC
    Carolinas Medical Center – Fort Mill

Wednesday, October 5, 2011

Certificate of Need Decision has been Appealed

And as everyone know would happen...both PMC and Presby have appealed the SC DHEC decision awarding CMC the CON for the new Fort Mill, SC hospital.

Where do we go from here? On Oct. 13, the DHEC board will decide whether to hear the appeals. If it decides to hear the appeals, that would occur at the DHEC board's Nov. 10 meeting. The certificate of need decision can also be appealed to an Administrative Law Court judge.

Piedmont
In the usual style of Piedmont Medical Center of we don't really have a good reason, we have poor outcomes [see CMS data reports] and pay property tax [the focus of their customer support bid], Piedmont released only the cover letter of their appeal to local news outlets.
In the cover letter to its appeal, Piedmont attorneys wrote the DHEC staff decision is not “supported by the reliable, probative and substantial evidence based on the whole record before the department.”


Presbyterian
The appeal arguments provided by Presbyterian are:


  • The DHEC staff incorrectly based its decision on Carolinas HealthCare System's ability to transfer its current market share in York County to a Fort Mill facility. Carolinas HealthCare cannot force patients to move to a new hospital, Presbyterian said.
  • That Presbyterian better contains costs to build and operate a Fort Mill hospital than Carolinas HealthCare Systems or Piedmont Medical Center.
  • DHEC failed to address quality of care.
  • Presbyterian’s charity care policy is better than the other two applicants. 

Personally, I believe SC DHEC addressed quality of care by not choosing Piedmont Medical Center. The recent onslaught of bad press combined by the overall bad word-of-mouth, has not made PMC a destination of choice for many new residents. Statistics provided by SC DHEC in the decision report shows that less people are going to PMC.

During a personal interview with a local Fort Mill resident about the proposed hospital choices, the resident stated "I hope Piedmont wins because they will pay property taxes." When I asked if he would use proposed Piedmont facility, his reply was "Hell No, I would go to Charlotte."