Cabell Huntington, Steel of WV, others settle of court on eve of High Court arguments

CHARLESTON, W.Va. — A more than two-year-old dispute between Steel of West Virginia and Cabell Huntington Hospital settled late Monday night just before the case was to be argued before the state Supreme Court Tuesday, leaving justices somewhat miffed about the late cancellation of oral arguments.

Steel of West Virginia has been challenging Cabell Huntington’s plans to merge with St Mary’s Hospital. Other parties have also been involved in the appeal which included a Freedom of Information Act request. But all of the appeals became a moot point when the appeal to the Certificate of Need being granted for the merger was withdrawn, Steel of West Virginia attorney Carte Goodwin told the Court.

“Along with my colleagues I must begin by simply begging the Court’s pardon for certainly the awkward position we’ve placed the Court in this morning and the awkward position we’ve placed ourselves in this morning,” Goodwin said.

The Court has a 48-hour deadline to withdraw oral arguments. Some justices wanted to hear more about the settlement but the attorneys involved declined to do so.

“This Court has repeatedly denied dismissals of cases on important public issues that have not been decided that are repeatable. So we want to hear arguments,” Justice Menis Ketchum said.

But Goodwin wouldn’t go any further.

“Consistent with the directives of my client and the obligations the parties have reached I must respectfully decline to offer any additional argument,” Goodwin said.

Cabell Huntington Hospital and Steel of West Virginia did release a joint statement that said “the parties have reached an agreement to compromise and settle the issues involved in the appeal filed by SWVA to the West Virginia Supreme Court challenging CHH’s acquisition of St. Mary’s Medical Center. Officials of SWVA announced that integral to the settlement was the commitment of CHH to work with SWVA and other area employers to improve overall workforce health and reduce incidents of hospitalization.”

MetroNews requested more information Tuesday about the settlement but Cabell Huntington declined for now.

The two hospitals announced plans for the merger in 2015. The Federal Trade Commission filed an administrative complaint in November 2015 claiming the merger would diminish care and make that care more expensive.

The state Health Care Authority granted a Certificate of Need for the merger in March 2016 not long after the state legislature passed a bill (SB 597) that allowed for cooperative agreements involving teaching hospitals and other hospitals.





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