Mission/HCA suit: county can't sue for $3M in EMS costs; NC AG Stein fights deposition

Buncombe County can't join a suit against HCA-owned Mission Health in which the county hoped to recover $3 million Emergency Medical Services it said it spent caring for patients not helped in the hospital.

The judge's July 9 decision against the county is part of the high-stakes lawsuit over whether the massive for-profit HCA reneged on the deal it made when it bought the nonprofit Asheville-based Mission in 2019. North Carolina Attorney General Josh Stein brought the suit in 2023, saying HCA failed to maintain promised levels of care in cancer treatment and emergency services. HCA has said maintaining such levels of care was not part of the Asset Purchase Agreement.

In more recent action, Stein filed a July 12 motion against HCA's attempt to depose him, saying state rules shield high-ranking government officials from having to give out-of-court sworn testimony except under "extraordinary" circumstances. Stein is the Democratic candidate for governor, running against Republican Lt. Gov. Mark Robinson.

The case, which was originally filed in Buncombe County, has moved to N.C. Business Court in Greensboro because of its complex nature.

Responding to the order against them by Judge Juliana Theall Earp, county officials said the decision was not a rebuke of their arguments. Rather, the problem was the county and Stein were seeking different things, they said: the county wants money, while Stein wants a court order changing how HCA operates.

"The business court denied our motion to intervene mainly because the AG's complaint seeks injunctive relief to require HCA to comply with the Asset Purchase Agreement while the County sought the same plus monetary damages," county spokesperson Lillian Govus told the Citizen Times July 15.

Asked if there was a way for the county to recover the $3 million, Govus said, "We're not certain one way or the other at this time."

Mission/HCA said allowing Buncombe to join the suit would have unnecessarily stretched out the case.

"We are grateful that the trial court refused to allow Buncombe County to intervene in the lawsuit and to delay the proceedings," spokesperson Nancy Lindell told the Citizen Times July 15. "We remain confident that we continue to meet, and often exceed, the obligations under the Asset Purchase Agreement."

In the latest filing against a deposition, Stein's office said HCA has been "insistent" on deposing him about the APA.

But he didn't have any special knowledge that HCA could glean, and that state and federal rules say HCA must exhaust other less-burdensome avenues before trying to make the state's top prosecutor testify in a special out-of-court situation, Marc Brunton, a general counsel fellow with the N.C. Justice Department said in the July 12 motion for a protective order from deposition.

"This heightened standard for high-ranking government officials reflects the unique responsibilities these officials have to the public and the extent to which oppressive or unduly burdensome discovery can interfere with the fulfillment of those responsibilities," Brunton said.

The Citizen Times reached out to Lindell, the Mission/HCA spokesperson about the sought after deposition.

Mission/HCA is facing other legal actions, including a federal anti-trust suit by Buncombe and other local governments and a anti-trust suit in state court brought by residents.

Meanwhile, nurses have threatened to strike over what they said is lack of adequate staffing, pay, rest breaks and other issues.

More: New NC rules for 'unregulated' Mission/HCA health care monopoly? Lawmaker: explore options

More: Opinion on proposed 93-bed hospital? Input sought from Buncombe, Western NC residents

Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times .

This article originally appeared on Asheville Citizen Times: Mission/HCA suit: county can't sue for $3M in EMS costs; NC AG Stein fights deposition