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Alliance plans to dismiss

• The Georgia Alliance of Community Hospitals won't dismiss a suit over ambulatory surgical centers until July 1.

Susan McCord

ALBANY — The bill signed April 10 by Gov. Sonny Perdue which redefined general surgery as a single specialty, exempt from Certificate of Need requirements, has not yet drawn to a close litigation filed by the Georgia Alliance of Community Hospitals against the Georgia Department of Community Health and Albany Surgical PC.

The suit, filed Dec. 31 in Dougherty County Superior Court, challenged the Department of Community Health’s decision in November to allow general surgeons to open outpatient centers. The new rule was “a naked and illegal attempt to override the will of the General Assembly,” Monty Veazey, President of the Tifton-based Alliance said in December.

Though SB 433 adds general surgeons to a new definition of “single specialties” eligible to open ambulatory surgery centers if certain thresholds are met, it “does not yet completely moot this lawsuit, if at all,” because the bill’s new requirements don’t go into effect until July 1, a motion filed by Phoebe Putney Memorial Hospital and the five dozen-member alliance stated Friday.

On July 1, GACH and Phoebe plan to dismiss their amended complaint, the motion states.

The Georgia Society of General Surgeons, of which Albany surgeon Dr. John Bagnato is a member, did not seek to intervene in the suit, though the Medical Association of Georgia did, stating in January its support for DCH’s ruling that general surgery was a single specialty.

Bagnato questioned the need for the motion because DCH typically takes months to process new applications.

DCH “completely disagrees” with GACH’s analysis in the motion and believes “SB 433 makes this lawsuit moot,” but did not object to staying the proceedings, lawyers for DCH wrote in response.

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