Early victory in local suit vs. healthcare bill

Released by Texas Spine and Joint Hospital:

TYLER, TX - In a lawsuit brought by Physician Hospitals of America (PHA) and the Texas Spine and Joint Hospital (TSJH), regarding national healthcare reform, Federal Judge Michael H. Schneider, U.S. District Court Judge, in the Eastern District, of Tyler, Texas, gave notice of a forthcoming opinion and ordered the cancellation of the December 9 trial date.

In a brief order Judge Schneider said the Court does have jurisdiction to hear the case and that he did find that section 6001 does have retroactive effect. "We are pleased the Court has decided it has jurisdiction over this case, and has determined that stopping the development of physician-owned hospitals in progress is retroactive in effect. The Supreme Court of the United States has always highly disfavored retroactive laws. We await the Court's decision about why this one is not illegal, said lead council Scott Oostdyk, Partner, McGuireWoods LLP.

Dr. Michael Russell, PHA President and TSJH Partner responded to the notice saying, "We will stand up and fight for our patients and for the future of health care in America. So much is at stake, not only from a Constitutional standpoint, but also regarding patients' ability to continue to choose the highest quality, most efficient care offered at physician hospitals across the country."

Dr. Russell said that both organizations look forward to the forthcoming opinion and plan to continue to move forward in their fight to repeal section 6001 through every possible avenue.