Asheville, NC - North Carolina Attorney General Josh Stein has announced a lawsuit against HCA Healthcare for alleged failure to comply with the Asset Purchase Agreement it executed when it acquired Mission Health System in 2019. Stein made the announcement during a press conference in Asheville on Thursday, stating that HCA has not provided the quality and consistent emergency and cancer care promised to Western North Carolinians.

The lawsuit comes in response to growing concerns about the quality of care provided by HCA Healthcare. Stein expressed that he frequently hears concerns from individuals in Western North Carolina regarding the company's level of care. Stein alleges that HCA is not living up to the commitments it made concerning emergency and cancer care for the region.

In the press release, Stein stated, "Attorney General Stein alleges that HCA is not providing the quality, consistent emergency and cancer care for Western North Carolinians it committed to deliver." Stein emphasized his disappointment with the situation at Mission Hospital, expressing, "I mean, we've all been in the ER. And to imagine your loved one sitting in a soiled bed for two days... that is unacceptable quality of care."

Stein, who is running for governor in the upcoming 2024 election, traveled to Asheville to make the lawsuit announcement. Describing HCA as a for-profit company that prioritizes profits over patients, Stein stated, "Quality health care is too important - in some cases, a matter of life and death. But HCA apparently cares more about its profits than its patients."

The North Carolina Department of Health and Human Services had initiated an investigation into Mission Hospital's emergency department in November. HCA Healthcare has been under scrutiny for allegedly failing to comply with its obligations under the Asset Purchase Agreement. The agreement, signed in conjunction with the acquisition of Mission Health in 2019, outlined the services that HCA was expected to maintain at various Mission Health facilities.

According to the Asset Purchase Agreement, HCA Healthcare was obligated to not discontinue the provision of listed services for a period of ten years, unless prevented by Force Majeure. The services listed include oncology services and emergency and trauma services. However, allegations claim that HCA has not fulfilled its obligations.

Stein's office had previously sent a letter to Dogwood Health Trust, the nonprofit responsible for overseeing the funds from HCA's acquisition of Mission Health. The letter alerted the organization about an alleged breach of contract and triggered a 40-day window for the organization to address the failure. As the failure remained unresolved, Stein has now taken legal action.

Stein is seeking a court order to require HCA to restore emergency and trauma services and oncology services to the same level provided before the acquisition. Stein believes that HCA has the capability to address the issues immediately but has failed to do so.

In response to the lawsuit, Nancy Lindell, Director of Media and Public Relations for Mission Health, expressed confidence in the hospital's compliance with the Asset Purchase Agreement. Lindell stated that Mission Health intends to vigorously defend the lawsuit and reaffirmed their commitment to serving the community.

This lawsuit represents Attorney General Stein's determination to hold HCA Healthcare accountable for their alleged failure to provide the promised quality of care to Western North Carolina. The outcome of the lawsuit will potentially have significant implications for both HCA Healthcare and the residents of Western North Carolina who rely on Mission Hospital for their healthcare needs.