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Editorial
Un-appealing ruling still sheds some light
St. Joseph Hospital and the Catholic Health System scored a small victory last week when one of five judges on the State Supreme Court's Appellate Division agreed that a recommendation to close the facility is unconstitutional. Unfortunately, the victory is similar to that of a team scoring its first win after falling behind 3-0 in a best-of-seven series. But if the 2004 Boston Red Sox could overcome the odds, there's no reason why the Harlem Road facility can't achieve a similar result.
Justice Eugene M. Fahey should be applauded for his no-nonsense explanation describing why he sided with the CHS and St. Joseph. First, he noted that the hospital was not given an opportunity to defend itself when the government decided to close the facility. He noted that closing hospitals is a serious enough matter to necessitate a second round of hearings.
Secondly, Fahey noted that Paul Tokasz, Assembly Majority Leader when the commission was created, conveyed in an affidavit his belief that the Assembly would not have voted for the legislation without a veto provision. This violates a separation of powers doctrine, he argued.
Fahey's four colleagues didn't agree. They felt that the mere fact that the commission was collecting testimony from hospitals should have served as sufficient notice to hospitals that they may be in danger of closing. The argument that a profitable hospital is expected to believe that it may close bewilders us.
"The interest of the State in the matter is also substantial, however, inasmuch as the State must attempt to contain rising Medicaid costs while still maintaining adequate health care facilities," they wrote. This argument is downright insulting to the intelligence of CHS supporters; only 200 of the hospital's 30,000 annual patients require Medicaid.
The majority's opinion also states "it is not the role of the courts to rewrite statutes that have been promulgated by the legislative branch ... nor to comment on the wisdom of the statute." Their observation says a lot about New York State's flawed process.
Still, there is hope. Gaining the support from one judge is a start, and the majority's opinion indicated that there are flaws in the system. Their decision to also overturn a lower court's ruling to dismiss the lawsuit is also heartening.
It is now up to the hospital and health system's attorneys to pound gaping holes through these windows of opportunity.
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