Health Care Union Files Lawsuit Against Care New England Over Memorial Hospital Closure

Friday, December 08, 2017

 

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Memorial Hospital

The battle over the closure of Memorial Hospital in Pawtucket took another turn. The United Nurses and Allied Professionals (UNAP) Local 5082 filed a lawsuit on Thursday in Superior Court to force Care New New England to comply with state law relative to operation and closure of the facility.

The union contends that critical provisions in the Hospital Conversions Act (HCA) have been ignored by Care New England (CNE) as "it haphazardly sought to eliminate operations at Memorial Hospital (MHRI) without following any regulations."

"The Department of Health has allowed Care New England to circumvent the Hospital Conversions Act and now we are asking the Court to restore integrity to the regulatory process," said Chris Callaci, UNAP general counsel.

In November, CNE indicated to the Rhode Island Department of Health that it would close Memorial Hospital and transfer Memorial Hospitals's assets to one of its affiliates, Kent Hospital. The HCA says that transfers of 20 percent or more of the assets of a hospital in Rhode Island requires approval by both the Department of Health and the Rhode Island Department of Attorney General. UNAP contends that any attempt to transfer assets, services or licensing from MHRI to Kent Hospital must be regulated according to the HCA.

"The plans Care New England submitted to Health are inconsistent, incomplete and cannot be used to gauge the impact Memorial's closure will have on the community it has served for more than 100 years," Callaci said.

In the filinig, UNAP says it is seeking an order from the court recognizing that CNE and MHRI failed to comply with HCA regulations and preventing them from taking any further steps in the overall restructuring of CNE, or eliminating any additional healthcare services or jobs at MHRI until an appropriate review is complete by state regulators under the provisions of the HCA.

"The HCA was enacted to protect patients, communities and health professionals and we respectfully urge the Court to hold the Department of Health and Care New England accountable to follow all appropriate state laws and regulations as this process continues to unfold," said Callaci.

UNAP Local 5082 represents approximately 150 registered nurses, social workers, pharmacists, laboratory technologists and other health professionals at Memorial Hospital.

 

Related Slideshow: 7 Implications and Unintended Consequences of a Care New England and Partners Merger

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Providence does not usually do well in mergers

Remember Providence Gas, Fleet Bank, and Narragansett Electric?

Big employers, deep community involvement, and significant charitable donors — all were consumed and in each case, the number of employees left in Rhode Island by the succeeding company is a fraction of the once independent venture.

To the victor goes the spoils.

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As if the Boston economy isn't good enough, and the Providence economy couldn't be more stagnant

The cityscape of Boston is littered with cranes. Boston Business Journal maps the construction projects utilizing cranes in Boston (see image) and the number of projects is staggering. 

In Providence, there few construction projects and not a crane to be seen. The last thing Providence needs is for another one of its largest employers to be merged into a Boston mega-organization. The likelihood is that jobs will be lost or consolidated to Boston - basic functions like purchasing, accounting, etc. will be lost. 

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Harvard beats Brown in Ivy League match-up

Harvard Medical School is ranked as the #1 research-based institution in America by U.S. News and World Report.

Partners Healthcare’s academic partner is Harvard.

In contrast, Care New England’s academic affiliation is with the Warren Alpert Medical School of Brown University. Brown’s best ranking is 21st for primary care - and is ranked for research way back at #31.

One of the biggest losers in the merger could be Brown's medical school.

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Care New England is RI’s 2nd largest employer, so what will It be in 2 Years?

According to the RI Department of Labor and Training, Care New England is Rhode Island’s second largest employer.

Lifespan is the largest: 12,050

Care New England: 8,500

CVS: 7,800

Cities like "Meds and Eds" (the medical and educational business segments), but Providence and all of Rhode Island is likely to lose high paid, highly educated jobs as a result of this deal.

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Care New England Continues to Struggle

Despite hopes that closing Memorial Hospital would solve the financially beleaguered Care New England's economic woes, new financial documents unveil that CNE continues to struggle.

Additionally, the pursuer - Partners HealthCare - is also making cuts. The Boston Globe unveiled the Partners is cutting about 100 of the company’s tech workers that their jobs were being outsourced to India to cut costs.

“Many of the employees have worked for Partners for several years, or even decades, and are struggling with the company’s decision. Almost all are coders — people who scour patients’ medical records to pinpoint billable services — and earn upward of $40 an hour. Coders in India earn a fraction of that amount, making overseas coding an attractive way for hospitals to cut costs,” wrote the Boston Globe.

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Can the unions battle?

Within hours of GoLocal breaking the news of the merger, the United Nurses and Allied Professionals (UNAP) President Linda McDonald, RN, released the following statement today:

"This proposed merger has the ability to impact thousands of jobs and the quality of care in Rhode Island and should be thoroughly scrutinized. Like most Rhode Islanders, we only recently learned of this proposal but expect Care New England and Partners HealthCare to be transparent in their process and begin a conversation with our union about the effect any deal would have on our members and our patients.  

Memorial Hospital provides critical care to scores of Blackstone Valley residents every year and preserving its status as a fully-functioning community hospital will be among our top priorities as this process continues to unfold. 
The onus is now on Care New England, Partners HealthCare and Prime Healthcare Services to make the details of this proposal public and to do it quickly so that workers, patients and state regulators may begin asking the appropriate questions."

The nurses represents nearly 1,400 registered nurses, CNAs, ER techs, surgical techs, orderlies, endo techs, environmental employees and ancillary staff at Kent and Memorial hospitals.  But, will they have any impact on the decisions?
 

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Speaking of Lifespan - will they be forced to merge with a Boston partner?

Lifespan is having its financial challenges too. While Care New England lost $53 million last year, Lifespan's losses were $40 million. The Lifespan losses were smaller proportionately to the healthcare group's overall budget and it does not have the cash crunch that Care New England was battling.

In February, Lifespan announced it had has entered into another Boston Hospital agreement. This agreement with Dana-Farber Cancer Institute is a long term agreement with the goal of advancing cancer treatment and research. Lifespan previously entered into an agreement with New England Medical Center and that deal led to years of protracted litigation to unwind. Lifespan also ran into a legal battle with Tufts Medical Center.

Will Partners' potential arrival in the market force Lifespan to affiliate?

 
 

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