Mississippi Today
Mississippi Center for Advanced Medicine will close following settlement with UMMC in federal trade secrets lawsuit
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A settlement in a federal trade secrets case will force a Madison health care center that treats children with complex medical conditions to close by the end of the year and prohibit its founding doctor and CEO from practicing medicine in Mississippi ever again.
The Oct. 18 agreement concludes a seven-year legal battle between the University of Mississippi Medical Center and the Mississippi Center for Advanced Medicine that began after pediatric hematologist Dr. Spencer Sullivan, the former director of UMMC’s Children’s Hemophilia Treatment Center, struck out to form the private, for-profit medical organization in 2016.
Three doctors who practiced at the Mississippi Center for Advanced Medicine will form a new private practice in Flowood next year, according to business filings and the clinic’s website.
The center served over 9,500 patients from every Mississippi county in 2022 and employed over 100 staff members during the 2023 fiscal year, according to a recent court filing. The clinic provides subspecialty medical care, including hematology, pediatric cardiology and pediatric rheumatology, and operates a clinical pharmacy and pediatric urgent care.
Mississippi has just under 18 specialty pediatricians per 100,000 children, the lowest rate in the Southeast and the third lowest in the country, according to data from The American Board of Pediatrics.
The center served as a safety net for pediatric subspecialty care in 2022 when UMMC went out of network with Blue Cross Blue Shield, the state’s largest provider of private health insurance.
The legal conflict between the Mississippi Center for Advanced Medicine and UMMC began in state court, but after new evidence was uncovered in 2018, UMMC filed a lawsuit in federal court alleging that Sullivan and the Center for Advanced Medicine violated federal trade secrets law by utilizing confidential patient and hospital financial information to open the new health center.
Judge Carlton Reeves ruled in favor of UMMC in October 2021 in federal court, writing that evidence in the case “reveals a clear, persistent pattern of perjury, evidence destruction, and concealment.” A trial on damages was delayed several times before the parties reached a settlement agreement in October.
Sullivan will be forced to relinquish his Mississippi medical license for life and close all clinic locations in Mississippi by Dec. 31. The Mississippi Center for Advanced Medicine must “indicate that UMMC is the institution in Mississippi that can best meet the patients’ medical care and pharmacy needs” in a letter notifying patients it is closing, according to the agreement.
Sullivan and the Mississippi Center for Advanced Medicine will be liable for $28.3 million if any terms of the contract are breached.
The center filed for bankruptcy in April 2023, and submitted a plan of liquidation in accordance with the terms of the settlement agreement on Oct. 31. Since opening, the center has either lost money or yielded a modest profit and faced various financial struggles, including loss of physicians to private practice and legal fees, according to the plan of liquidation.
Sullivan declined to comment for this article, and UMMC did not respond to questions from Mississippi Today.
Pediatric hematologist and oncologist Dr. Sharon Pennington, the Chief Medical Information Officer for the Mississippi Center for Advanced Medicine, is listed as the registered agent of a new private practice in Flowood, shows a business filing publicly available on the Secretary of State’s website.
The clinic will open in January 2025. Dr. Whitney Herring and Dr. Michael Mattingly, medical directors for pediatric metabolic medicine and pediatric and fetal cardiology at the Mississippi Center for Advanced Medicine, respectively, will also join the clinic, according to its website.
Pennington and Mattingly declined to comment for this story. Herring did not respond to Mississippi Today by press time.
A legal saga
One year after Sullivan left his post at UMMC to form the Mississippi Center for Advanced Medicine, UMMC filed a lawsuit in state court alleging that he had violated the terms of his contract, including a non-compete clause, causing damages to the hospital. UMMC alleged that Sullivan was motivated to leave after he learned of the Hemophilia Treatment Center’s high revenue.
In Sullivan’s employment contract with UMMC, he agreed not to engage in a clinical practice within a 25 mile radius from UMMC, hire recent UMMC employees or use any patient information or lists to encourage them to leave UMMC after departing the hospital.
UMMC alleged that Sullivan took 80% of the patients he treated while practicing at UMMC to his new clinic which he staffed with UMMC employees, including pediatric rheumatologist Dr. Nina Washington, his codefendant in the case.
Children’s of Mississippi at UMMC is the state’s only dedicated children’s hospital and offers a wide range of pediatric subspecialty care. Each year, the hospital treats about 150,000 children, the majority of whom are enrolled in Medicaid.
Sullivan and Washington argued in a counterclaim that the Hemophilia Treatment Center facilities and staffing were “woefully inadequate,” and that mold and cockroaches were “pervasive.” They contended that because of the poor conditions of their employment, UMMC, too, had breached the terms of its contracts.
An amended complaint filed by UMMC in November of 2017 broadened the hospital’s allegations against Sullivan, alleging that Sullivan had obtained a confidential patient list and financial information which he used to solicit patients and establish the Mississippi Center for Advanced Medicine.
After an article about the lawsuit appeared in the Clarion-Ledger in 2018 that referenced the confidential patient list, the ex-husband of Linnea McMillan, a nurse who left UMMC to join Sullivan’s practice, turned a printed patient list he found in McMillan’s car in 2016 over to UMMC.
The discovery prompted UMMC to file a federal trade secrets lawsuit in June 2019, naming Sullivan, the Mississippi Center for Advanced Medicine, McMillan and former UMMC staff members Kathryn Sue Stevens and Rachel Henderson as defendants.
Sullivan directed McMillan and Stevens to compile the patient list in the spring of 2016 while working at UMMC as he prepared to open his new practice, alleged UMMC in the lawsuit.
Defendants denied taking or using the list until March 2020, when Henderson admitted that she lied in her deposition, and along with Sullivan, Stevens and McMillan, possessed and used the list at the Mississippi Center for Advanced Medicine.
She also produced nearly 1,500 pages of previously unproduced text messages, which revealed that Harris, Stevens and McMillan shredded the patient list to conceal evidence in the case.
Henderson was dismissed from the case after coming forward with new information.
Sullivan committed perjury by falsely claiming he did not possess an external hard drive with files from UMMC, determined the federal judge. Sullivan produced the drive only after a magistrate judge forced him to choose between producing the hard drives or his computer.
“A review of the voluminous record in the case reveals a clear persistent pattern of perjury, evidence destruction, and concealment,” wrote Reeves in his default judgment in favor of UMMC.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
If Tate Reeves calls a tax cut special session, Senate has the option to do nothing
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An illness is spreading through the Mississippi Capitol: special session fever.
Speculation is rampant that Gov. Tate Reeves will call a special session if the Senate does not acquiesce to his and the House leadership’s wishes to eliminate the state personal income tax.
Reeves and House leaders are fond of claiming that the about 30% of general fund revenue lost by eliminating the income tax can be offset by growth in other state tax revenue.
House leaders can produce fancy charts showing that the average annual 3% growth rate in state revenue collections can more than offset the revenue lost from a phase out of the income tax.
What is lost in the fancy charts is that the historical 3% growth rate in state revenue includes growth in the personal income tax, which is the second largest source of state revenue. Any growth rate will entail much less revenue if it does not include a 3% growth in the income tax, which would be eliminated if the governor and House leaders have their way. This is important because historically speaking, as state revenue grows so does the cost of providing services, from pay to state employees, to health care costs, to transportation costs, to utility costs and so on.
This does not even include the fact that historically speaking, many state entities providing services have been underfunded by the Legislature, ranging from education to health care, to law enforcement, to transportation. Again, the list goes on and on.
And don’t forget a looming $25 billion shortfall in the state’s Public Employee Retirement System that could create chaos at some point.
But should the Senate not agree to the elimination of the income tax and Reeves calls a special session, there will be tremendous pressure on the Senate leadership, particularly Lt. Gov. Delbert Hosemann, the chamber’s presiding officer.
Generally speaking, a special session will provide more advantages for the eliminate-the-income-tax crowd.
First off, it will be two against one. When the governor and one chamber of the Legislature are on the same page, it is often more difficult for the other chamber to prevail.
The Mississippi Constitution gives the governor sole authority to call a special session and set an agenda. But the Legislature does have discretion in how that agenda is carried out.
And the Legislature always has the option to do nothing during the special session. Simply adjourn and go home is an option.
But the state constitution also says if one chamber is in session, the other house cannot remain out of session for more than three days.
In other words, theoretically, the House and governor working together could keep the Senate in session all year.
In theory, senators could say they are not going to yield to the governor’s wishes and adjourn the special session. But if the House remained in session, the Senate would have to come back in three days. The Senate could then adjourn again, but be forced to come back if the House stubbornly remained in session.
The process could continue all year.
But in the real world, there does not appear to be a mechanism — constitutionally speaking — to force the Senate to come back. The Mississippi Constitution does say members can be “compelled” to attend a session in order to have a quorum, but many experts say that language would not be relevant to make an entire chamber return to session after members had voted to adjourn.
In the past, one chamber has failed to return to the Capitol and suffered no consequences after the other remained in session for more than three days.
As a side note, the Mississippi Constitution does give the governor the authority to end a special session should the two chambers not agree on adjournment. In the early 2000s, then-Gov. Ronnie Musgrove ended a special session when the House and Senate could not agree on a plan to redraw the state’s U.S. House districts to adhere to population shifts found by the U.S. Census.
But would Reeves want to end the special session without approval of his cherished income tax elimination plan?
Probably not.
In 2002 there famously was an 82-day special session to consider proposals to provide businesses more protection from lawsuits. No effort was made to adjourn that session. It just dragged on until the House finally agreed to a significant portion of the Senate plan to provide more lawsuit protection.
In 1969, a special session lasted most of the summer when the Legislature finally agreed to a proposal of then-Gov. John Bell Williams to opt into the federal Medicaid program.
In both those instances, those wanting something passed — Medicaid in the 1960s and lawsuit protections in the 2000s — finally prevailed.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1898
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Feb. 22, 1898
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Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked.
When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him.
Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area.
Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment.
McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed.
In 2019, the Lake City post office was renamed to honor Frazier Baker.
“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Memorial Health System takes over Biloxi hospital, what will change?
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by Justin Glowacki with contributions from Rasheed Ambrose, Javion Henry, McKenna Klamm, Matt Martin and Aidan Tarrant
BILOXI – On Feb. 1, Memorial Health System officially took over Merit Health Biloxi, solidifying its position as the dominant healthcare provider in the region. According to Fitch Ratings, Memorial now controls more than 85% of the local health care market.
This isn’t Memorial’s first hospital acquisition. In 2019, it took over Stone County Hospital and expanded services. Memorial considers that transition a success and expects similar results in Biloxi.
However, health care experts caution that when one provider dominates a market, it can lead to higher prices and fewer options for patients.
Expanding specialty care and services
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One of the biggest benefits of the acquisition, according to Kristian Spear, the new administrator of Memorial Hospital Biloxi, will be access to Memorial’s referral network.
By joining Memorial’s network, Biloxi patients will have access to more services, over 40 specialties and over 100 clinics.
“Everything that you can get at Gulfport, you will have access to here through the referral system,” Spear said.
One of the first improvements will be the reopening of the Radiation Oncology Clinic at Cedar Lake, which previously shut down due to “availability shortages,” though hospital administration did not expand on what that entailed.
“In the next few months, the community will see a difference,” Spear said. “We’re going to bring resources here that they haven’t had.”
Beyond specialty care, Memorial is also expanding hospital services and increasing capacity. Angela Benda, director of quality and performance improvement at Memorial Hospital Biloxi, said the hospital is focused on growth.
“We’re a 153-bed hospital, and we average a census of right now about 30 to 40 a day. It’s not that much, and so, the plan is just to grow and give more services,” Benda said. “So, we’re going to expand on the fifth floor, open up more beds, more admissions, more surgeries, more provider presence, especially around the specialties like cardiology and OB-GYN and just a few others like that.”
For patient Kenneth Pritchett, a Biloxi resident for over 30 years, those changes couldn’t come soon enough.
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Pritchett, who was diagnosed with congestive heart failure, received treatment at Merit Health Biloxi. He currently sees a cardiologist in Cedar Lake, a 15-minute drive on the interstate. He says having a cardiologist in Biloxi would make a difference.
“Yes, it’d be very helpful if it was closer,” Pritchett said. “That’d be right across the track instead of going on the interstate.”
Beyond specialty services and expanded capacity, Memorial is upgrading medical equipment and renovating the hospital to improve both function and appearance. As far as a timeline for these changes, Memorial said, “We are taking time to assess the needs and will make adjustments that make sense for patient care and employee workflow as time and budget allow.”
Unanswered questions: insurance and staffing
As Memorial Health System takes over Merit Health Biloxi, two major questions remain:
- Will patients still be covered under the same insurance plans?
- Will current hospital staff keep their jobs?
Insurance Concerns
Memorial has not finalized agreements with all insurance providers and has not provided a timeline for when those agreements will be in place.
In a statement, the hospital said:
“Memorial recommends that patients contact their insurance provider to get their specific coverage questions answered. However, patients should always seek to get the care they need, and Memorial will work through the financial process with the payers and the patients afterward.”
We asked Memorial Health System how the insurance agreements were handled after it acquired Stone County Hospital. They said they had “no additional input.”
What about hospital staff?
According to Spear, Merit Health Biloxi had around 500 employees.
“A lot of the employees here have worked here for many, many years. They’re very loyal. I want to continue that, and I want them to come to me when they have any concerns, questions, and I want to work with this team together,” Spear said.
She explained that there will be a 90-day transitional period where all employees are integrated into Memorial Health System’s software.
“Employees are not going to notice much of a difference. They’re still going to come to work. They’re going to do their day-to-day job. Over the next few months, we will probably do some transitioning of their computer system. But that’s not going to be right away.”
The transition to new ownership also means Memorial will evaluate how the hospital is operated and determine if changes need to be made.
“As we get it and assess the different workflows and the different policies, there will be some changes to that over time. Just it’s going to take time to get in here and figure that out.”
During this 90-day period, Erin Rosetti, Communications Manager at Memorial Health System said, “Biloxi employees in good standing will transition to Memorial at the same pay rate and equivalent job title.”
Kent Nicaud, President and CEO of Memorial Health System, said in a statement that the hospital is committed to “supporting our staff and ensuring they are aligned with the long-term vision of our health system.”
What research says about hospital consolidations
While Memorial is promising improvements, larger trends in hospital mergers raise important questions.
Research published by the Rand Corporation, a nonprofit, nonpartisan research organization, found that research into hospital consolidations reported increased prices anywhere from 3.9% to 65%, even among nonprofit hospitals.
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The impact on patient care is mixed. Some studies suggest merging hospitals can streamline services and improve efficiency. Others indicate mergers reduce competition, which can drive up costs without necessarily improving care.
When asked about potential changes to the cost of care, hospital leaders declined to comment until after negations with insurance companies are finalized, but did clarify Memorial’s “prices are set.”
“We have a proven record of being able to go into institutions and transform them,” said Angie Juzang, Vice President of Marketing and Community Relations at Memorial Health System.
When Memorial acquired Stone County Hospital, it expanded the emergency room to provide 24/7 emergency room coverage and renovated the interior.
When asked whether prices increased after the Stone County acquisition, Memorial responded:
“Our presence has expanded access to health care for everyone in Stone County and the surrounding communities. We are providing quality healthcare, regardless of a patient’s ability to pay.”
The response did not directly address whether prices went up — leaving the question unanswered.
The bigger picture: Hospital consolidations on the rise
According to health care consulting firm Kaufman Hall, hospital mergers and acquisitions are returning to pre-pandemic levels and are expected to increase through 2025.
Hospitals are seeking stronger financial partnerships to help expand services and remain stable in an uncertain health care market.
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Source: Kaufman Hall M&A Review
Proponents of hospital consolidations argue mergers help hospitals operate more efficiently by:
- Sharing resources.
- Reducing overhead costs.
- Negotiating better supply pricing.
However, opponents warn few competitors in a market can:
- Reduce incentives to lower prices.
- Slow wage increases for hospital staff.
- Lessen the pressure to improve services.
Leemore Dafny, PhD, a professor at Harvard and former deputy director for health care and antitrust at the Federal Trade Commission’s Bureau of Economics, has studied hospital consolidations extensively.
In testimony before Congress, she warned: “When rivals merge, prices increase, and there’s scant evidence of improvements in the quality of care that patients receive. There is also a fair amount of evidence that quality of care decreases.”
Meanwhile, an American Hospital Association analysis found consolidations lead to a 3.3% reduction in annual operating expenses and a 3.7% reduction in revenue per patient.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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