{"id":2313,"date":"2013-09-10T06:29:58","date_gmt":"2013-09-10T10:29:58","guid":{"rendered":"http:\/\/www.khpi.org\/blog\/?p=2313"},"modified":"2014-11-17T18:18:55","modified_gmt":"2014-11-17T23:18:55","slug":"uofl-norton-dispute-over-norton-kosair-childrens-hospital-documents-and-statements","status":"publish","type":"post","link":"http:\/\/www.khpi.org\/blog\/uofl-norton-dispute-over-norton-kosair-childrens-hospital-documents-and-statements\/","title":{"rendered":"UofL-Norton Dispute over Norton Kosair Children\u2019s Hospital: Documents and Statements"},"content":{"rendered":"

The prominent dispute between Norton Healthcare and the University of Louisville over who controls what at Louisville\u2019s Norton Kosair Children\u2019s Hospital broke into public view the day I was leaving for a two week cruise around the British islands. I have been scrambling to catch up ever since. Due to the magic of technology, I was able to post two initial articles from the Amsterdam Airport<\/a> and the middle of the Irish Sea<\/a>.<\/p>\n

There has also been much local media attention ably reported by Terry Boyd of Insider Louisville, Laura Ungar of the Courier-Journal, David A. Mann of Business First, Devin Katayama of WFPL, and others. Our local television outlets also covered the story. The matter spilled over to the national media. It is a great story for journalists!<\/p>\n

Show Us the Documents.<\/strong>
\nMany statements have been attributed to the various players at Norton and UofL. Naturally, each wants to advance their particular viewpoints and each claims to be acting in the public interest. Some of the statements reported seem contradictory to me.<\/p>\n

My instinct throughout this policy blog has been to go to primary documents and data wherever possible. In that spirit, I intend to use this post to assemble all primary documents and official press releases to make them available to the pubic. Therefore, I begin a list below of material I have available now. I will add to it as more become available.<\/p>\n

Invitation to UofL and Norton.<\/strong>
\nI have seen emails and been shown other information intended for your internal use, but I am unsure of my right to make these public. I invite both parties to allow me to post the documents and internal communications to employees underlying their dispute so that the public can make reasoned judgments of their own. Because this matter is so important to Louisville and the Commonwealth, I do not think your argument should be conducted behind closed doors. We have a valid right to know the facts. In particular, I invite both Norton and UofL to send me their Affiliation Agreements, past and present, as well as the \u201cTerm Sheet\u201d so frequently referred to in their legal letters. What is it you are really arguing about?<\/p>\n

In the background.<\/strong>
\nThere are another players mentioned in these documents whose relationship with UofL unavoidably and inextricably involves them in this matter: Catholic Health Initiatives and KentuckyOne Health. In fact, because KentuckyOne Health is now managing the Certificate of Need process for expanding the number and type of NICU beds at University of Louisville Hospital, I would say it is right in the middle! \u00a0Clinical and academic agreements exist between UofL and KentuckyOne that are highly relevant and of legitimate concern to Norton and the medical community. I have written about these before. Therefore, I also invite UofL and CHI\/KentuckyOne to make their current affiliation and partnership agreements and other relevant documents available to us. In the meantime, I will summarize again in another article what I was able to extract from earlier public merger and partnership documents.<\/p>\n

Continue for list of documents and statements.<\/p>\n

Available Documents and Official Statements.<\/h1>\n

\u2022 Agreement to seek lease to build new hospital on former Louisville General Hospital grounds, 8\/12\/1981<\/a>.<\/p>\n

\u2022 Announcement of Norton-UK partnership by Norton, 8\/22\/2013<\/a>.<\/p>\n

\u2022 Letter from Norton’s Steven Williams to UofL’s David Dunn, 8\/23\/2013<\/a>.<\/p>\n

\u2022 UofL’s Notice of Breach & Demand- legal letter to Norton, 8\/27\/2013<\/a>.<\/p>\n

\u2022 Norton press release summary, 8\/28\/2013<\/a>.<\/p>\n

\u2022 Norton’s lawyers responding to UofL’s lawyers, 9\/4\/2013<\/a>.<\/p>\n

\u2022 Norton responds to Frequently Asked Questions about controversy, 9\/6\/2013<\/a>.<\/p>\n

\u2022 Norton gives notice of court request for declaration, 9\/6\/2013<\/a><\/p>\n

Complaint for Declaratory Relief by Norton with Attachments (added 9\/11\/2013)
\n\u2022<\/em>\u00a0Body of Complaint, (9\/6\/2013)<\/a>
\n\u2022 Notice of Default & Demand Letter from UofL, (8\/27\/2013)<\/a>
\n\u2022 Norton’s Official Reply to Notice of Default, (9\/4\/2013)<\/a>
\n\u2022 Master Affiliation Agreement between Norton and UofL, (11\/15\/2008)<\/a>
\n\u2022 Lease with Commonwealth, (12\/8\/1981)<\/a>
\n\u2022 Agreement to Enter Lease between Norton & UofL, (8\/12\/1981)<\/a>
\n\u2022 Report of Attorney General, (12\/29\/2011)<\/a>
\n\u2022 Letter of Intent Between Norton & University of Kentucky, (8\/22\/2013)<\/a><\/p>\n

Exchange of Letters January 2014<\/em>
\nUofL’s Version of Events.<\/a>
\nNorton’s Version of Events.<\/a>
\nUofL’s newest Lawyer’s letter.
\nCourt Filings, Jan 21, 2014-\u00a0<\/a>Dates and subject of hearing<\/a>.
\nText of letter from\u00a0<\/a>Steve Williams to David Dunn<\/a>, Jan 15, 2014<\/a><\/p>\n

Mediation Ordered Feb 2014<\/em>
\nLetter from Governor and Attorney General\u00a0<\/a>to Norton and UofL, Feb 3, 2014
\nMotion to require Norton Healthcare<\/a>\u00a0to enjoin the Commonwealth, Feb 2014
\nMotion to require mediation<\/a>, Feb 2014<\/p>\n

\u2022 UofL\u2019s Answer, Affirmative Defenses, and Counterclaims Against Norton Healthcare<\/em>,\u00a01-29-2014\u00a0(pdf 2-2 MB)<\/a><\/p>\n

\u2022 \u00a0Exhibits to UofL\u2019s Answer of 1-29-2014<\/em>
\nA. \u00a0KentuckyOne withdraws language of right of first refusal to enter pediatric affiliation agreement with university of Louisville,\u00a09-10-2103.<\/a>
\nB. \u00a0Lease on\u00a0land under Children\u2019s Hospital,\u00a012-8-1981.<\/a>
\nC. \u00a0Agreement to enter lease agreement.\u00a08-12-1981.<\/a>
\nD. \u00a0Affiliation Agreement,\u00a01962<\/a>.
\nE. \u00a0Agreement for Provision of Pediatric Critical Care \u2026 July 2006
\nF. \u00a0UofL threatens breach of lease if not given access to Norton\u2019s Board of Trustees Executive Meetings including closed executive sessions,\u00a02-14-2011.<\/a>
\nG. \u00a0Norton’s attorneys argue\u00a0such full access is illegal and improper,\u00a02-15-2011.<\/a><\/p>\n

Kentucky Attorney General Intervenes, July 2014:<\/em>
\nThe full text of the Attorney General\u2019s pleadings can be downloaded here.
\n\u2022 Pleading re. intervening in\u00a0Norton Healthcare v. University of Louisville<\/a>.<\/p>\n

Material from Fall of 2014:
\n<\/em>\u2022 Norton\u2019s Motion to Dismiss UofL\u2019s Counterclaims, 6\/6\/14,\u00a0(PDF 1.2\u00a0MB.)
\n<\/a>\u2022 Attachment A, Affiliation Agreement of 2008.\u00a0(PDF 1.5\u00a0MB.)
\n<\/a>\u2022 Attachment B, Letter of Intent Norton & UK 8\/22\/13,\u00a0(PDF 1.9\u00a0MB.)<\/a><\/p>\n

\u2022 UofL\u2019s Response to Norton’s\u00a0Motion to Dismiss, 8\/\/29\/14,\u00a0(PDF 0.9\u00a0MB.)<\/a>
\n\u2022 UofL Suplemental Response to Norton\u2019s Motion, ?Date,\u00a0(PDF 0.2\u00a0MB.)<\/a><\/p>\n

\u2022 Norton Motion to withdraw claim of breach by UofL. 10\/22\/14.\u00a0(PDF 0.1\u00a0MB.)<\/a>
\n\u2022Exhibits 1-11.\u00a0(PDF 6.5\u00a0MB.)<\/a><\/p>\n

(Additional material added as it becomes available)<\/p>\n

 <\/p>\n

Links to Other Coverage.<\/strong><\/p>\n

\u2022\u00a0WFPL<\/a> in Louisville
\n\u2022 Insider Louisville
\n<\/a>\u2022 Courier-Journal<\/a>
\n\u2022 Business First Louisville<\/a>
\n\u2022
\n\u2022
\n(If you wish to have your organization\u2019s coverage included, please send me a link by email.)<\/p>\n

 <\/p>\n

Peter Hasselbacher, MD
\nPresident, KHPI
\nEmeritus Professor of Medicine, UofL
\nSeptember 10, 2013<\/p>\n

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