ASHEVILLE, N.C. (828newsNOW) — Dogwood Health Trust has notified the N.C. Attorney General’s Office it plans to notify HCA Healthcare of potential violations of the terms of its 2019 purchase agreement for the Mission Health hospital system, based on the findings of an independent monitor and HCA’s annual report.

CLICK HERE TO SEE THE LETTER

“This past year, we heard requests from both the Attorney General and the communities we serve for more education and transparency regarding Dogwood’s compliance oversight of HCA,” Dogwood Health Trust CEO Dr. Susan Mims said in a news release. “We listened, which is why we are sharing this letter and report. Our hope is that sharing this letter and report will help educate the public on our compliance oversight work for the 2023 reporting year and help Affiliated Monitors engage the public for the upcoming 2024 reporting year.”

CLICK HERE TO SEE THE COMPLIANCE REPORT

According to Dogwood Health Trust, the asset purchase agreement requires HCA to provide an annual report for the preceding year (Jan. 1- Dec. 31, 2023) at the end of April. HCA provides its annual report to Dogwood Health Trust, the independent monitor, the Attorney General’s Office and the Mission Hospital Advisory Board. From May to July, the independent monitor reviews the report and accompanying data to monitor and evaluate HCA’s compliance for the preceding year and sends its findings to Dogwood. Ninety days after receiving the annual report from HCA, Dogwood must provide notice to the attorney general as to whether it intends to notify HCA of any potential noncompliance issues.

“After reviewing HCA’s annual report carefully and with advice from the independent monitor, Dogwood intends to notify HCA of three instances of potential noncompliance,” the news release said.

Concerns include:

  • Provision of emergency and trauma services and oncology services at Mission Health
  • Failure to remain “enrolled and in good standing” in Medicare and Medicaid
  • Issues with uninsured and charity care policies

“We hope that our report will inform the communities, provide a greater understanding of the monitoring process, and serve as a starting point for further productive discussions to improve the quality of healthcare in Western North Carolina,” Affiliated Monitors’ Gerald Coyne said in the release.

STATE FINDS MISSION HOSPITAL IN COMPLIANCE AFTER MONTHS OF SCRUTINY

Thirty days after receipt of Dogwood’s letter, the attorney general has to inform Dogwood if it disagrees with its findings. By October 27, 180 days after receipt of HCA’s annual report, Dogwood or the attorney general is required to provide notice to HCA of any potential noncompliance. Following delivery of notice to HCA, Dogwood will engage HCA in discussions to address the identified compliance issues.

MONITORS PRESSURED TO HOLD MISSION ACCOUNTABLE

In early 2025, Dogwood will share a summary of how issues of noncompliance were addressed and/or resolved.

Mission Health issued the following statement:

“We have reviewed the Independent Monitor’s report for calendar year 2023. In addition to recognizing that HCA Healthcare has been in compliance with the APA from 2019 to 2022, we agree with the findings of compliance in the majority of the report. There are two areas where the IM noted the potential for non-compliance relating to findings from CMS at Mission Hospital that were resolved earlier this year. Mission Hospital is in compliance with governing regulations and at no time was the hospital suspended from treating Medicare or Medicaid patients.  Additionally, we did make a minor clarifying change to our Charity Care policy and provided that information to the IM. Our intent was to make clear that, unlike Mission Health’s charity care policy prior to HCA Healthcare, as an organization we do not pursue litigation activity that involves suing patients or filing liens on patient debt accounts. We value the work of the Independent Monitor and are confident that we continue to be in compliance with the terms of the Asset Purchase Agreement.”

Attorney General Josh Stein’s Office issued the following statement:

“Dogwood’s letter and the Independent Monitor’s report each highlight potential areas of noncompliance that are consistent with the serious concerns that led our office to sue HCA last year. We appreciate Dogwood’s transparency with the people of western North Carolina and our office, and we’ll continue our fight to ensure HCA delivers on its promise of quality health care.”