By Matt Harvey, The Exponent Telegram
FAIRMONT, W.Va. — Two rural hospitals that are considered critical to their communities are at odds in a West Virginia court case that could impact how new hospitals are built throughout the state for years to come.
At issue is whether the board of Mon Health Stonewall Jackson Memorial Hospital can go ahead with its plans to relocate from the western side of Weston — well away from four-lane access — to a new site literally just yards away from Interstate 79’s junction with U.S. 48/33.
Stonewall officials say the move is key to the future of their hospital, while officials for WVU Medicine St. Joseph’s Hospital say it probably would trigger their loss of a federal designation that allows for cost-based reimbursement when they perform Medicare services.
The opposing lawyers, Alaina Crislip of Jackson Kelly PLLC in Charleston and Thomas Casto of Lewis Gianola PLLC, also of Charleston, didn’t agree on much during arguments Tuesday before the Intermediate Court of Appeals.
But in the court session at Fairmont State University, one thing did become clear: This is a case of first impression. In legal language, that means there’s never been a decision quite like this in this area of the law, at least not in West Virginia.
