Judge upholds previous ruling of MSHA opposition to Wellmont hospital
  
From Staff Reports


   A Davidson County judge on Thursday informed MSHA (Mountain States Health Alliance) officials that she supports the findings of a previous ruling in favor of MSHA in regard to the proposed Wellmont hospital in Johnson City.
   The ruling found that a conflict-of-interest situation existed between one member of the Health Facilities Commission and other board members who issued the Certificate of Need (CON) for Wellmont, and that misleading and inaccurate data was contained in the CON.
   "This decision validates our position that the CON should have never been awarded due to the conflict-of-interest and erroneous data," said Mountain States Health Alliance President/CEO Dennis Vonderfecht. "This is the second consecutive court ruling that supports our position."
   Davidson County Chancery Court judge, Carol McCoy, agreed there was substantial and material evidence in the record to support Administrative Law Judge Scoville-Morgan in ruling that HFC Commissioner, Charles Mann "was under a conflict of interest so as to taint the deliberations and voting on the CON."
   McCoy also agreed with Scoville-Morgan's determination that "the decision to issue the Certificate of Need was based, in whole or in part, on information or data in the application which was false, incorrect, or misleading."
   In her final conclusion, McCoy affirmed the decision made by the Administrative Law judge "to grant summary judgment and vacate the Wellmont CON."