Living in LoCo



HCA Tries (Yet Again) for Ashburn Hospital

Erica Garman at 7:36 p.m., March 9, 2009 (15 comments)

Just when you thought we’d seen the end of this hospital battle…

HCA Virginia filed suit last Wednesday asking the court to overturn the Board of Supervisors’ vote last month that denied the company’s application to build an Ashburn hospital.

The suit contends that the board’s Feb. 3 decision was “arbitrary, unreasonable, capricious and illegal.”

HCA also argues that Inova Health System — currently the only hospital operator in Loudoun -- “prepared and submitted intentionally and materially misleading data alleging that the Broadlands Regional Medical Center’s location in the County would irreparably harm the viability of Inova Loudoun Hospital.”

The lawsuit claims that Inova was the leading force behind the 2005 amendment to the county’s Comprehensive Plan — a plan that recommends that the next hospital in the county be built along the Route 50 corridor.

From the filing: “Inova’s Plan called on the Board to do what Inova had failed at: usurp the authority and frustrate the will of the Commissioner, prohibit the development of BRMC, and preserve Inova’s healthcare monopoly.”

Mark Foust, spokesman for HCA Virginia, declined to comment on the lawsuit, which was filed March 4 in Loudoun Circuit Court.

Randy Kelley, CEO of Inova Loudoun Hospital, is out of town and could not be reached for comment.

HCA has been trying unsuccessfully for more than six years to bring the next full-service hospital to Loudoun.

What do you think the court will decide?

Meanwhile, officials from Inova Health Systems announced Feb. 16 that they filed a letter of intent with the state to build an 80-bed hospital on Route 50. Kelley said Inova planned to submit a formal Certificate of Public Need application for the hospital by the June 1 application deadline.

Comments:

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I think this should go to the judge to make a ruling. If the supervisors who voted no were correct in doing so based on local zoning regulations and the comp plan, then their decision will be upheld.

If the FTC is still interested in looking at the healthcare options in Loudoun as they relate to competition, I would like them to look at the various possibilities and the effects of competition in each situation. In other words, if HCA builds in Broadlands, is INOVA correct in their claims that the location is too close to Lansdowne and Reston, thereby saturating the healthcare market and essentially weakening the programs offered by each facility. They should consider the effects of placing a hospital at another location instead, the RT 50 area, and the effects that would have on existing facilities. There is no doubt that we need more healthcare facilities. Having the court system make a ruling and the FTC do an analysis is what we need. An objective, knowledgeable analysis to ensure the best outcome for the citizens of Loudoun County.

Posted by momof2 (anonymous) on March 9, 2009 at 7:49 p.m. (Suggest removal)

Hum, think about how many families without health insurance would have been helped if HCA had used the millions they have blown on this battle to provide health care to uninsured folks during these difficult times. Shows where their priorities are.....profit.

Posted by boomerbaby54 (anonymous) on March 10, 2009 at 9:33 a.m. (Suggest removal)

What about all the tax-free dollars INOVA spent fighting competition - those dollars could also have been used to provide healthcare. Inova may call themselves not-for-profit - but they are all about the Money and making sure no one takes any part of their "pie"!

Posted by gmab (anonymous) on March 10, 2009 at 9:55 a.m. (Suggest removal)

hey gmab - you would almost have a point if non-profit Inova didn't treat the uninsured who can't pay.

Posted by boomerbaby54 (anonymous) on March 10, 2009 at 10:22 a.m. (Suggest removal)

Hey boomerbady54 - YOU would almost have a point, too, if treating the uninsured wasn't required by law of every hospital in the country. That Inova does so isn't a matter of their choice, they have to or they'd be shut down.

Posted by ric.james (anonymous) on March 10, 2009 at 11:03 a.m. (Suggest removal)

Momof2, I agree with most of your points, but I would offer that the judge should have been allowed to rule the last time.

Judge Horne already ruled when this was in court before that having a COPN does NOT override local land use.

The suit was dropped before it ever got to any decisions on an arbitrary and capricious denial.

Now that two very different Boards have denied it, that may be even harder to prove, even with this Planning Commission's 5-4 split for approval.

Staff has recommended approval both times, but if they are going to base their case on that, we have the glaring Lenah school denial, which had full staff approval for a public service the county is obligated by law to provide, yet this Board turned it down.

I don't think they'll meet the bar for "arbitrary and capricious".

As for the issues regarding Inova and the healthcare CPAM, they've missed the deadline by about three and a half years for registering their disapproval with the court, and they probably should not go down the primrose path of who spent money on what, after what's come to light about HCA PAC money, attack PACs, and consultants in the last election.

I would be willing to bet that this is something to keep their soon-to-expire COPN alive for yet another but-it-isn't-our-fault-we-don't-have-the-land-use-which-we-should-have-had-to-get-ANY-extension magic extension, whether it is to really go to court again on the same thing that already lost once, or move the beds to Reston.

Posted by BarbaraMunsey (anonymous) on March 10, 2009 at 12:31 p.m. (Suggest removal)

Barbara,
I agree, I think the BoS should have let this go to court rather than allow the application to go through again.

Posted by momof2 (anonymous) on March 10, 2009 at 2:24 p.m. (Suggest removal)

boomerbaby-
You might have a point if it wasn't for the fact that HCA's charity care EXCEEDS Inova's.
Ouch...facts hurt.
There have also been stories in the Washington Post about Inova's strong-armed tactics to get money from people who couldn't pay.

Posted by shevco (anonymous) on March 10, 2009 at 2:34 p.m. (Suggest removal)

I hope they win and sue the BOS for millions and millions and millions of dollars!

Posted by Funnyguyva (anonymous) on March 11, 2009 at 9:25 a.m. (Suggest removal)

I hope they win , but not the millions and millions of dollars. Where do you think those dollars will come from?

Posted by shevco (anonymous) on March 11, 2009 at 3:33 p.m. (Suggest removal)

Well, this is the only county I know where the "leadership" seems to think a monopoly is beneficial for the public. And, after observing some of these BOS, their behavior has given a whole new dimension to the term "capricious." How embarrassing that the best this BOS can do for the public is to behave in ways that only benefit themselves. The public deserves better than this.

Posted by Yocomclan (anonymous) on March 12, 2009 at 1:06 p.m. (Suggest removal)

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