By Mark Hansel
NKyTribune managing editor
The Christ Hospital has filed notice to appeal a decision that blocked its plans to build an ambulatory surgical center (ASC) in Fort Mitchell.
The decision by Franklin Circuit Court Judge Thomas Wingate reversed a ruling in favor of a Certificate of Need (CON) request for the ASC at the site that was formerly home to the Drawbridge Inn.
Wingate reversed the June, 2017 ruling of an administrative law judge from the Kentucky Cabinet for Health and Family Services. The 2017 ruling appeared to have cleared the way for construction of The Christ Hospital’s Surgery Center-Fort Mitchell as part of a development on the site of the former Drawbridge Inn.
The reversal of that decision, however, has raised serious doubts about the future of the $24 million surgery center development.
The appeal of the June, 2017 ruling was filed by St. Elizabeth Healthcare.
St. Elizabeth’s opposition included the argument that the nine ASC facilities in Northern Kentucky are less than 50 percent occupied, so there is no need for another. St. Elizabeth Healthcare operates six of those facilities.
The Christ Hospital issued the following statement regarding its decision to appeal the ruling:
The Christ Hospital notice of appeal of CON decision (click to enlarge).
“The Christ Hospital Health Network has appealed the Franklin Circuit Court’s decision to reverse approval of its Certificate of Need (CON) application.
Approval of the application is necessary to construct an ambulatory surgery center (ASC) on the site of the former Drawbridge Inn in Fort Mitchell, KY.
In June of 2017, the Kentucky Office of Health Policy approved The Christ Hospital Health Network’s CON application to construct the ASC. Shortly after, St. Elizabeth Healthcare appealed the decision, meaning patients would not have their wishes for more healthcare options.
“What we have learned by caring for and speaking with Northern Kentucky residents is that they prefer and are asking for more healthcare options in the communities where they live. So we have decided to appeal the court’s decision because we believe we can provide those needed healthcare options, notwithstanding the efforts of others to limit competition,” says Mike Keating, President and CEO of The Christ Hospital Health Network.
The ASC would anchor the Fort Mitchell Gateway Project, a mixed-use project developed by Northern Kentucky-based Brandicorp and would include a hotel, restaurants, retail businesses and multi-family units. The development site, which is conveniently located at the crossroads of Buttermilk Pike and I-75, would create jobs, generate tax revenue and provide economic development for Northern Kentucky.”
In a statement, St. Elizabeth Healthcare President and CEO Garren Colvin said the Franklin County Circuit Court ruled against The Christ Hospital on multiple issues. He added that St. Elizabeth is extremely confident that each and every one of the court’s rulings are legally correct.
Drawbrige development site
“The Christ Hospital had a full and fair opportunity to state its case, and the Franklin County Circuit Court ruled that Christ Hospital had lobbied for a special exception under the law that is both illegal and unconstitutional,” Colvin said. “The judge also ruled that there is no need for another ambulatory surgery center in Northern Kentucky based on the fact that every one of the nine existing ASC’s are not being used to their capacity. And the court ruled that Christ Hospital’s proposal did not meet a number of State Health Plan criteria.”
Colvin acknowledged that appeals are part of the Certificate of Need process in Kentucky and that The Christ Hospital is within its rights to seek a ruling from the Kentucky Court of Appeals. He described the Franklin County Circuit Court’s decision as an exhaustive ruling against Christ Hospital that should withstand any appeal.
He said the ruling will ultimately impact only the healthcare element of the proposed Drawbridge development and it does not have to be a death knell for the project.
“We are hopeful that, despite its appeal, The Christ Hospital and its development partner will move forward with the broader Drawbridge Inn property development,” Colvin said. “The retail portion of the gateway project could have been started several years ago and the Certificate of Need process has never been a barrier to moving forward with the non-healthcare aspects of the development.”
Contact Mark Hansel at mark.hansel@nkytrib.com
