NC Supreme Court Ruling Clears Way for AdventHealth Hospital Construction

High Court won’t hear key appeal on new Buncombe hospital

This story was initially published by Carolina Public Press.

In a significant development for healthcare in Asheville, the North Carolina Supreme Court has made a pivotal decision that could pave the way for AdventHealth to commence construction on a new hospital. This decision comes as part of the ongoing legal struggle between AdventHealth and HCA over the Certificate of Need (CON) in the region.

The state has consistently recognized the necessity for additional hospital beds in Buncombe County, repeatedly granting the CON to Florida-based AdventHealth. AdventHealth, which already operates in Henderson County, has been met with resistance from HCA. The Tennessee-based HCA, which runs Mission Health, holds a dominant position in the North Carolina mountains and has contested each award of the CON to AdventHealth.

This legal contention has delayed the arrival of enhanced healthcare services in the Asheville area. However, with the state Supreme Court’s recent dismissal of HCA’s appeal regarding the 67-bed allocation to AdventHealth made in 2021, the path seems clearer for construction to begin.

State Sen. Julie Mayfield, D-Buncombe, expressed to Carolina Public Press that this decision effectively concludes the case, enabling AdventHealth to start building. AdventHealth’s legal team has been informed, although no public announcement has yet been made, and the hospital system is still assessing the implications.

Complicating the situation, AdventHealth is also facing an appeal from HCA concerning an additional 26-bed CON for the same facility. AdventHealth spokesperson Victoria Dunkle mentioned, “We’ve been hoping for this answer,” while noting the uncertainty about the next steps and the timeline for obtaining the CON.

Sen. Mayfield suggests that despite the ongoing appeal for the 26-bed CON, AdventHealth could design the hospital to accommodate future expansions. This strategy becomes more pertinent with the recent announcement of a need for 129 additional beds in Buncombe County.

The competition for the new CON includes HCA, AdventHealth, UNC Health, and Novant Health, with a public hearing scheduled for December 16 at Asheville-Buncombe Technical Community College, promising further debates and potential appeals.

HCA spokesperson Nancy Lindell shared their perspective, acknowledging disappointment with the court’s decision but reaffirming their belief in Mission Hospital’s capability to meet the complex medical needs of Western North Carolina. She highlighted, “Mission Hospital accepts thousands of transfers each year from other hospitals that have available beds — including facilities currently seeking approval to expand.”

She further emphasized that not all acute care beds are equal, advocating for expanded capacity at Mission Hospital to better serve the region’s complex care requirements.

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