Nurses cheer on North Carolina AG's lawsuit against HCA

Unionized nurses with HCA Healthcare's Mission Hospital are applauding the North Carolina attorney general's litigation against the hospital operator. 

North Carolina Attorney General Josh Stein is suing Nashville, Tenn.-based HCA Healthcare, alleging the for-profit hospital operator has cut emergency and cancer care at Asheville, N.C.-based Mission Health System and lapsed on its 2019 purchase agreement in doing so. 

The litigation is a much-anticipated event for registered nurses at Mission Hospital, represented by National Nurses United, who have filed complaints with the state's labor and health departments and held protests and rallies with concerns for patient safety and staffing at the 815-bed hospital. The nurses voted to join the union in September 2020; HCA acquired Mission in February 2019.

Hannah Drummond, an RN in the emergency department of Mission Hospital, spoke at the attorney general's press conference announcing the lawsuit Dec. 14, calling the hospital's conditions "shameful and unsafe."  

The attorney general's complaint alleges that HCA has violated the asset purchase agreement for Mission Health by discontinuing certain emergency and oncology services. Under the APA negotiated for the 2019 transaction, HCA must continue providing emergency and trauma services and oncology services at 815-bed Mission Hospital at substantially the same level as Mission provided those services as a nonprofit before the acquisition until at least 2029.

Nancy Lindell, director of media and public relations for Mission Health, shared the following statement with Becker's Dec. 14 in response to the announcement of the attorney general's litigation:

"We are aware of the announcement Gubernatorial Candidate Stein made in Asheville today. We remain confident that we continue to meet, and often exceed, the obligations under the Asset Purchase Agreement that the Attorney General approved at the time of our purchase, and we intend to defend the lawsuit vigorously. Importantly, the Independent Monitor confirmed our compliance with that agreement during its most recent review.

"Though there have been challenges, some of which we are continuing to address as we work to expand our capacity, we remain committed to serving our community," the statement continues. "Despite the state not allowing important expansions at Mission Hospital, we will continue to fight for critical access to healthcare services for the people of Western North Carolina. As the Attorney General acknowledged, this lawsuit is no reflection on the dedication of our doctors, nurses and colleagues who serve our patients every day. This lawsuit will not have any impact on our commitment to the community we are proud to serve."

Mr. Stein is asking the court to order HCA to restore emergency and trauma services and oncology services to the level Mission Hospital provided before the for-profit change of hands. 

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