Judge temporarily blocks Beth Israel closure

A New York judge has temporarily blocked New York City-based Mount Sinai Health System from closing Beth Israel Hospital until arguments are presented in court. 

Mount Sinai announced its decision to close Beth Israel in September and the following month proposed a July 12 closure date. 

The judge's decision comes after a group of community members filed a lawsuit against the system alleging it deliberately moved services and staff from Mount Sinai Beth Israel and the New York Eye and Ear Infirmary to sell its assets and real estate. The New York State Department of Health and its commissioner were also named as defendants. 

The lawsuit filed in the New York County Supreme Court is led by the Community Coalition to Save Beth Israel Hospital and alleges that the planned shutdown of New York City-based Mount Sinai Beth Israel goes against New York's public health law, health department rules, the state constitution, human rights laws of the state and city, and the state Environmental Quality Review Act. The suit also alleges that Beth Israel and New York Eye and Ear Infirmary were financially healthy until Mount Sinai took over in 2013 by merging with Continuum Health Partners. Despite promising better care, Mount Sinai closed profitable units at Mount Sinai Beth Israel, such as labor and delivery and neonatal intensive care, and almost all ENT services at New York Eye and Ear Infirmary, according to the suit. 

According to the Feb. 9 order obtained by Becker's, Judge Nicholas Moyne ruled that the health system also cannot transfer staff out of the hospital or cut services until arguments are heard. 

Opposition papers are due from the defendants by March 1 and reply papers are due March 15, according to court records. A hearing date has not been scheduled.

Mount Sinai told Becker's in a statement that it does not comment on pending litigation but believes it "followed the law in this process. Ultimately, the health and safety of our patients has been — and will remain — our top priority and the north star guiding all of our decisions."

"While we understand and appreciate the concerns that have been raised, the stark reality facing this hospital is immutable. Hospital closures across the nation are a result of significant challenges in healthcare finance and changes in how care is delivered," the statement read. "A hospital with a 70-year-old infrastructure, built in a different era for a different type of care model simply cannot compete with the dynamic needs of modern healthcare, which relies increasingly on outpatient and specialty services. As a result, the hospital is operating at roughly 20% capacity, the infrastructure is crumbling, and it lost an estimated $150 million in 2023 and more than $1B since 2013. Any failure to address these losses poses a real threat to the overall Mount Sinai Health System."

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