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Tuesday, August 30, 2005

Ind. Law - Indy law firm reportedly threatens suit if county passes hospital ban

"Lawyers threaten suit if county passes hospital ban: Porter hospital execs have asked county for moratorium on healthcare facilities," is the headline to an interesting story today by Matthew Van Dusen in the Munster (NW Indiana) Times. Some quotes:

An Indianapolis law firm has threatened to bring a lawsuit against Porter County if the commissioners pass a moratorium on new specialty hospitals, county officials said Monday.

County Attorney Gwenn Rinkenberger said she spoke to a lawyer from Sommer Barnard Attorneys, PC, in July, after the Porter hospital Board of Trustees proposed the moratorium that would prevent for two years the building of surgical centers or other specialty healthcare facilities.

The lawyer believed that the commissioners had already passed the ordinance and he wanted to review it.

Rinkenberger said she "was definitely given the impression that they would review it and challenge it if it was similar to the one passed in Morgan County."

The threat of a lawsuit makes it unlikely that Rinkenberger will recommend to the commissioners that they pursue the ordinance.

Morgan, Clark and Floyd counties in Southern Indiana have passed similar ordinances that protect public hospitals like Porter from specialty healthcare groups that siphon off profitable services such as imaging, and leave hospitals to perform unprofitable but necessary services.

All three counties have been sued by private hospitals in the U.S. District Court of Southern Indiana.

Dave Bromund, a Sommer Barnard lawyer who is representing the Sisters of St. Francis Health Services, Inc., in its suit against Morgan County, was not immediately available for comment.

Rinkenberger said Sommer Barnard would have to find a client to represent in a suit against the county, but she believes the firm would follow through on its threat.

Posted by Marcia Oddi on August 30, 2005 08:01 AM
Posted to Indiana Law