5 (1 votes)
Healthcare Prof:
4 (1 votes)
The Salem Women’s Clinic in Salem, Ore., earlier this month filed a federal antitrust lawsuit in U.S. District Court in Eugene, Ore., against Salem Hospital alleging that the hospital is using its monopoly in the neighborhood health care system to drive the clinic out of business, the Salem Statesman Journal reports. Inside the suit, the clinic claims that hospital officials are restricting the clinics midwives from practicing by removing access to backup physicians, who are required to be present in case a medical emergency occurs during labor, according to the Statesman Journal.
The suit seeks an emergency injunction to reinstate hospital privileges for Elizebeth Harmon, director of the clinic, until an appeals hearing takes place. The hospital on Jan. 25 sent a letter to Harmon that stated her privileges were suspended because she had violated hospital requirements for reappointment towards the medical staff. The letter also cited “concerns regarding quality of patient care, behavioral issues and interpersonal relationships with members of the wellness care team” as reasons for the suspension. Harmon has requested an appeal hearing with the hospital to have her privileges reinstated, but a hearing has not been granted, based on the Statesman Journal.
According to the Statesman Journal, the clinic’s midwives have continued to practice because physicians from the hospital’s in-house obstetric group have provided backup. However, the obstetricians on April 23 told hospital officials that after the end of May they will no longer provide backup to clinic midwives due to the fact the additional patient load is placing too much strain on their practice. Sherryll Johnson Hoar, a spokesperson for the hospital, said the hospital will bring in temporary physicians to provide backup.
Harmon within the lawsuit also alleges that the hospital has refused to grant privileges to 3 new physicians hired by the clinic to take on some of her patients and alleviate the burden on Kimberly Eltzroth, the clinic’s other physician with privileges. Eltzroth has stated she will resign on June 24 simply because of the additional patient load resulting from Harmon’s suspension.
The clinic, which may be the only provider of midwife services at the hospital, delivers about 70 infants annually, based on the Statesman Journal. According to the suit, the clinic could close late next month if the midwives are not given access to backup physicians. Johnson Hoar said the hospital is “surprised” by the lawsuit, adding that it will take steps to ensure backup physicians are provided (Thompson, Salem Statesman Journal, 5/18).
Antiabortion Groups Concerned That Language in Bill Would Allow Midwives, Nurses To Perform Abortions
In related news, some antiabortion groups, including Missouri Right to Life along with the Missouri Catholic Conference, have expressed concern over language in a bill (HB 818) passed last week by the state House that they say could be interpreted as allowing any certified health professional, which includes nurses and midwives, to perform abortions, the AP/Columbian Missourian reports (Lieb, AP/Columbian Missourian, 5/17). A provision of the bill would allow any person holding “ministerial or tocological certification” to provide pregnancy-related services (Wagar, Kansas City Star, 5/17).
According to the AP/Missourian, lawmakers did not realize that state Sen. John Loudon (R), who opposes abortion rights, had added the language to the bill until after it had passed, and they are now trying to pass a second bill that omits the language before the end with the legislative session. Loudon stated that he does not think his amendment would allow people that are not physicians to perform abortions but added that he would support an amendment to clarify the language (AP/Columbian Missourian, 5/17). Based on the Star, the House has added a provision to the other bill that states that only a physician can perform an abortion, even if another law states that other well being care providers, like nurses or midwives, can provide pregnancy-related care (Kansas City Star, 5/17).
“Reprinted with permission from http://www.kaisernetwork.org. It is possible to view the entire Kaiser Every day Wellness Policy Report, search the archives, or sign up for e-mail delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Every day Health Policy Report is published for kaisernetwork.org, a free of charge service of the Henry J. Kaiser Family Foundation . ? 2005 Advisory Board Company and Kaiser Loved ones Foundation. All rights reserved.