A Huntington-based steel company has filed an appeal challenging Cabell Huntington (W.Va.) Hospital's acquisition of Huntington, W.Va.-based St. Mary's Medical Center, according to the Herald-Dispatch.
Steel of West Virginia's complaint, filed in Kanawha County Circuit Court, alleges the West Virginia Health Care Authority committed numerous errors in its decision to approve the transaction.
Steel of West Virginia officials said the law requires Cabell Huntington to prove that the benefits of a reduction in competition outweigh the disadvantages. Officials also said the WVHCA must consider alternative options that prove less restrictive to market competition and must defer to FTC policies, according to the report.
Steel of West Virginia officials claim neither of those stipulations were met, according to the report.
In its motion to dismiss the petition for appeal, Cabell Huntington attorneys said the county in which Steel of West Virginia filed the appeal has no jurisdiction over the case.
A judge will decide if the appeal was filed with the correct body on Aug. 12.
If the judge decides the county court is the proper venue for appeal, he will then decide whether or not to place a stay on Cabell Huntington's $165 million acquisition of St. Mary's until the end of the appeal process, according to the report.
The hospitals must still receive approval from the Vatican to complete the transaction.