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Court rules against St. Joseph Hospital
Catholic Health System officials are "puzzled" over a decision Tuesday by the New York State Court of Appeals to dismiss the health group's appeal to have St. Joseph Hospital removed from a list of hospitals recommended for closing.
Despite the setback in Albany, the health system plans to continue its legal efforts to keep the Harlem Road facility open.
Last November, the New York State Commission on Health Care in the 21st Century- commonly referred to as the Berger Commission after its leader- recommended closing the hospital as part of a statewide effort to battle rising medicaid costs.
Health system and hospital officials have continually noted that St. Joseph operates in the black and only about two percent of its patients rely on medicaid.
The court on Tuesday issued a one- sentence decision:
"Appeal dismissed without costs, by the Court sua sponte (on the court's own motion), upon the ground that no substantial constitutional question is directly involved," the court wrote.
Tuesday's decision upholds a split decision in July by the Appellate Division's Fourth Department, located in Rochester. July's 4-1 decision encouraged hospital officials to appeal directly to the Court of Appeals.
CHS President and Chief Executive Officer Joseph McDonald called Tuesday's decision "disappointing," but added the health system will petition the Court to re-examine the case.
"We are extremely puzzled that given the complexity of the case and the many aspects of arguments on both sides, the Court of Appeals decision is only one sentence long," McDonald said in a statement released to the media Tuesday evening.
Although Tuesday's decision did not favor the hospital, McDonald said CHS officials are encouraged by progress made in the system's second court action.
The CHS filed an Article 78 proceeding in which the health system is arguing that the Berger Commission used faulty information regarding the hospital, which led to a faulty decision.
The CHS presented its arguments in this case to New York State Supreme Court Justice Eugene Devine on June 15.
Despite an attempt by the office of New York State Attorney General Andrew Cuomo to have the case dismissed, Devine decided to move forward with a pretrial conference on February 18, 2008.
Cuomo's office was ordered to prepare its facts in preparation for the pretrial conference.
"We are hopeful that we can continue to work with the state in finding solutions, ensuring that access to quality health care in Western New York is not jeopardized," McDonald said.
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