Buncombe County Denied Intervention in Lawsuit Against HCA Healthcare

The Asheville-based Buncombe County has been denied intervention in North Carolina General Attorney Josh Stein’s lawsuit against HCA Healthcare by the NC Business Court. The county sought intervention to claim $3 million in damages related to issues stemming from the 2019 sale of Mission Health to HCA.

Buncombe County argued that it should be allowed to recover funds spent due to transport delays caused by Mission Hospital’s Emergency Department, which impacted the county’s Emergency Medical Services (EMS). However, the court ruled against the county’s intervention, citing potential prejudice and delay to the existing proceedings.

Buncombe County Communications & Public Engagement Director, Lillian Govus, mentioned that the court found no right to intervene and determined that permissive intervention could impede the ongoing legal process. The Attorney General’s lawsuit focuses on injunctive relief targeted at halting HCA’s alleged failures to meet obligations outlined in the 2019 sale agreement.

In the lawsuit against HCA, the Attorney General alleges that the healthcare company has not fulfilled obligations set forth in the Asset Purchase Agreement (APA) related to emergency care, trauma care, and oncology services. It further accuses HCA of purposefully understaffing Mission Hospital’s Emergency Department, leading to prolonged patient wait times.

Mission Hospital’s Emergency Department reportedly has an average patient wait time of 236 minutes, exceeding national and state averages. This has sometimes left Buncombe County without available ambulances, impacting emergency response services.

HCA spokesperson, Nancy Lindell, expressed gratitude for the court’s decision and reiterated HCA’s confidence in meeting and surpassing obligations under the Asset Purchase Agreement. Buncombe County is evaluating its next steps in light of the ruling.

Although the county’s intervention was denied in the Attorney General’s lawsuit, it remains a party in a separate lawsuit filed against HCA in 2021, alleging monopolistic practices leading to higher costs and lower care quality in western North Carolina. The lawsuit, which also involves Brevard, Madison County, and the City of Asheville, was permitted to proceed by a judge in February 2024.

Mission Hospital’s recent removal of the “immediate jeopardy” designation, albeit subject to CMS recommendations, has not affected the ongoing legal actions. Nurses at Mission Hospital are presently in contract negotiations with HCA through their union, National Nurses United.

As the legal battles between Buncombe County, the Attorney General, and HCA persist, the healthcare landscape in western North Carolina remains under scrutiny. The resolutions of these lawsuits could have significant implications for both the county’s emergency services and the broader healthcare industry in the region.