ERWIN — The Unicoi County Memorial Hospital Board of Control is set today to meet with officials from both Mountain States Health Alliance and Wellmont Health System in a closed strategic planning session to get more information on their respective acquisition proposals.
However, Tennessee Press Association Public Policy Director Frank Gibson is of the opinion that members of the board are misinterpreting the intent of the exemption that allows public hospital boards to hold closed strategic planning sessions.
Tennessee Code Annotated 68-11-238 allows hospitals subject to open meetings laws to hold closed sessions for development of marketing strategies and strategic plans. The code states strategies and plans addressed by the board may be treated as “confidential and not public records,” but shall be subject to subpoena.
It further states: “Action by the board of the hospital adopting a strategy or plan shall be subject to the open meetings laws and the adopted strategy or plan, and the studies that were considered in the adoption of the specific strategy or plan, shall then be subject to the public records laws.”
According to a notice of the meeting, the board will immediately enter a strategic planning session after calling the meeting to order at 3 p.m., at which time it will meet with MSHA representatives to discuss and answer the board’s questions regarding the health care system’s revised proposal to acquire UCMH. At 4:30 p.m., the board is set to meet with Wellmont officials for the same purpose, according to the meeting notice.
Gibson said he feels the board’s question-and-answer session with each health care entity does not fall under the strategic planning session exemption created by TCA 68-11-238.
“It’s my opinion that that in no way comes close to the intent of the General Assembly when it approved that strategic planning exemption for public hospitals back in 2008, that they are misinterpreting the law,” Gibson said. “And I think the question they should be asking is whether they are opening themselves up for a legal challenge by doing it this way.”
On Oct. 23, the board approved the official release of the revised acquisition proposals from both Wellmont and MSHA, which were submitted on Oct. 10, for public review. Gibson said he questions the secrecy of the planned question-and-answer sessions given that the proposals have been public.
“The owners of that hospital, which are the taxpayers in Unicoi County, have a right to hear the questions and answers as much as any member of that board has,” Gibson said.
Board of Control Chairman Glenn Tilson said Wednesday evening the board intended to open the meeting, cite TCA 68-11-238 and enter the closed strategic planning session. However, Tilson said he intends to check further today prior to the meeting to see if the board could meet for its intended purpose under the code.
countrytoo writes:
November 15, 2012
7:10 AM
It will all come down to the party that can give the most money, to the town, police dept., county and city. We Unicoi residents will never see any change (its like giving money to a rich man, he'll put it in the bank and there it sits until he dies) the money that either of them will give won't be used for the people of Unicoi. Who will be driving a new car or truck next year? You have to look at the board members and what positions they hold in the county to see if they can prosper from more money directed in a common location.
masonjar writes:
November 15, 2012
7:35 AM
I feel like they are in the wrong to hold these closed door meetings, but I do hope they go with whoever will locate in the center of the county, for the sakes of the people that live in the Flag Pond community. So far, MSHA is the only organization that has committed to that. Even though Wellmont will provide more services and a bigger hospital, I still have to lean towards MSHA because of their committment to build in Erwin. The people in Flag Pond just live too far away from where Wellmont wants to build. All Wellmont wants to do is compete with MSHA. If they cared about Unicoi County residents, they would committ to locate in Erwin...if they would, I would be for them.
IDK500 writes:
November 15, 2012
8:14 AM
We as citizens of Unicoi County should have a say and the right to hear all that goes on about this situation. The Hospital that is chosen should benefit all of our county! For them to hold closed meetings and make this decision all on their own is not right because all of us have to live with this choice!!!! What if they chose the hospital that the majority does not want our county will in turn lose money because we will go else where for our care. I, myself do not want to be cared for by MSHA Hospitals. They rush people out who can not afford to pay garnish pay wages with out a notice if you miss 1 payment. This is just crazy and another reason why we are a divided county. We will never unite with the officials making all the decisions for us. This is our town and county our voice should be heard.
Imker writes:
November 15, 2012
8:15 AM
The people in Flag Pond zip down to Wal-Mart all the time. That argument won't do it. If you want to argue about how Erwin is terrified the county or the town of Unicoi will get tax money and they'll lose out on that, I'm willing to listen. It isn't the Erwin Hospital. It's the Unicoi County Memorial Hospital. And it isn't a Board of Control. It's the Board Out of Control. It keeps making secret plans, for secret reasons, meeting in closed rooms. They know what the people want. It's the people's hospital. The question is, do they care?
IDK500 writes:
November 15, 2012
8:17 AM
The hospital should be required to build and maintain the old hospital in Erwin where it will draw JC, and NC people as well. They would still compete with MSHA because their hospital would be no further than a few miles away. Erwin should be the choice for the hospital! I just do not understand our governments way of thinking we are supposed to be heard we have a voice, so there should not be just a handful of politicians making the decision for us!!!!!!!!!!!!!!!!!!!!!!!!!!!!
masonjar writes:
November 15, 2012
8:42 AM
Imker, people in Flag Pond don't just zip down to Walmart. You don't have a clue. It takes exactly 30 minutes from Devil's Fork, Rice Creek, Sams Creek, Higgins Creek, Spivey, and Coffie Ridge...drive it and you will see. You keep talking like Wellmont is going to build at Walmart, they aren't...I know. They will likely build near Okolana or Unicoi exits. In fact, rumor has it that a well known landscaper businessman has property he is trying to sell Wellmont and that is why he spent $5k of his own money on all the We Need Wellmont signs. You obviously don't care about people in Flag Pond, in fact, Flag Pond residents are always put on the back burner. Just keep in mind that your director of schools, your road superintendant, your TDOT supervisor, your Sheriff and Chief Deputy, all live in the south end of the county. We don't want to have to take an extra 15 or 20 minutes to get to a hospital when we are having a heart attack. Centrally located will serve everyone more fairly!
Imker writes:
November 15, 2012
9:01 AM
If a well known landscaper businessman is putting out signs for Wellmont, and he would profit by their being chosen, I applaud him. He is making his desire known openly and ethically. He isn't making backroom deals.
MSHA in Erwin? They'll have a helicopter pad to quickly, for $25,000, fly you to Johnson City, for as the Wellmont CEO said in the first meeting, " They [MSHA] are not going to compete with themselves."
FYI writes:
November 15, 2012
12:40 PM
Just for everyone to know that the Board meeting has been cancelled and now our Board members have decided to only look at the proposals and vote on them from there. There will be no meeting for question and answers.
provided.