Franciscan Health filed documents asking a judge to lift a preliminary injunction for continued emergency room operations in Hammond, Ind., for nine months, calling compliance with the order "impossible," The Times of Northwest Indiana reported Dec. 29.
In early November, Mishawaka, Ind.-based Franciscan Health announced its plan to end inpatient and emergency care at its 226-bed hospital in Hammond by year's end. On Dec. 22, Lake Superior Court Judge Bruce D. Parent granted a preliminary injunction requested by Hammond Mayor Thomas McDermott Jr. and ordered the system to keep the ER open for nine months. The decision arrived 16 hours before the ER was set to close.
On Dec. 28, Franciscan Health filed documents asking the judge to lift the preliminary injunction for ER operations and instead allow the ER to close, as first planned, by year's end. The health system has indicated that it will pursue emergency action against the injunction in the Indiana Court of Appeals if the judge does not respond in favor of its request by Dec. 29.
"It is impossible for Franciscan to comply with the preliminary injunction, and the preliminary injunction puts patients at substantial risk of death or serious bodily injury," the filing, signed by Franciscan Health Hammond's interim president Barbara Anderson, stated.
In 2021, the system announced plans to scale down the hospital to a 10-bed inpatient unit and emergency department. Under the latest plan announced Nov. 3, inpatient and emergency care would end completely, with the ER closing by year's end. The system would then direct patients to its hospitals in Munster and Dyer, which are two and six miles away, respectively.
To obtain the preliminary injunction, the city of Hammond argued that Franciscan Health broke its pledge to continue providing 24/7 emergency medical services at the former 227-bed hospital while demolishing the rest of the facility. Franciscan disputes having contractual obligation to continue providing ER services in Hammond and says its state license to operate a Hammond hospital expires Dec. 31. The system says it cannot renew the license because it lacks the services and patient count required by the state.
"Even if it could somehow operate the emergency department safely without a license, it would be prohibited from billing for its services," Ms. Anderson said. "Forcing it to provide emergency care without compensation when it has a fully-equipped, modern emergency department approximately six miles down the road is inherently unjust; particularly, when the harm to the city is non-existent."
In the plan rolled out in November, Ms. Anderson said inpatient volume at Franciscan Health Hammond dropped to an average of 2.5 patients per day in the last 15 months and more than 90 percent of the 54 patients who present to the ER daily would be appropriately cared for in a lower-cost setting, such as an urgent care or primary care clinic.
Franciscan planned to invest $5.3 million to renovate space on the hospital's campus for primary care. Other services on the hospital campus — including a clinic for the uninsured, a food market, diaper pantry, prenatal assistance program, primary care clinic, dialysis and women's health center – were planned to continue operations.
Editor's note: This article was updated Dec. 29 at 10:49 a.m. CT.