Antitrust lawsuits are mounting against Asheville, N.C.-based Mission Health and its parent company, Nashville, Tenn.-based HCA Healthcare.
In less than a year, three lawsuits have been filed against the health system alleging "anti-competitive practices," the Citizen Times reported Oct. 18. Plaintiffs claim the health system restrains trade and monopolizes local healthcare, and the newspaper reports that the lawsuits are similar.
Meanwhile, Mission Health spokesperson Nancy Lindell said in a statement to Becker's that the health system believes "the allegations are wholly without merit, and we will vigorously defend ourselves through the legal process."
The first lawsuit, Davis v. HCA, was filed in August 2021. Its six Asheville-area plaintiffs claim the seven-facility health system has market power across seven service areas that allow it to charge double the average cost of service, Smoky Mountain News reported. The lawsuit has been long argued in courts, garnering government attention. In July, North Carolina Attorney General Josh Stein said the state should deny Mission Hospital's request to expand in order to bring more competition to the area.
On Sept. 19, a judge in the Special Superior Court partially granted and partially denied HCA's motions to dismiss the first lawsuit. According to the Citizen Times, the judge agreed HCA was restraining trade. However, he sided with HCA on another portion of the lawsuit, saying it did not hold a monopoly. The plaintiffs aim to move forward with the restraint of trade argument, according to the Citizen Times.
Davis v. HCA laid the groundwork for two other lawsuits from state and local governments. Brevard, N.C., filed a suit against HCA on June 6, and Buncombe County and Asheville, N.C., combined to file a third July 27. The third lawsuit merged with another plaintiff, Madison County, the Citizen Times reported, and the cases are so similar they reference one another.