Group consolidating hospitals must open meetings, judge rules
The group overseeing the consolidation of Kaleida Health and Erie County Medical Center must open its meetings and make documents available to the public, according to a court decision.
State Supreme Court Justice Patrick H. NeMoyer ruled last week that the Western New York Health System is subject to the state’s Open Meetings Law and Freedom of Information Act until it completes a proposed combination of the publicly owned ECMC and private Kaleida Health.
Although established as a nonprofit corporation, the Western New York Health System owes its existence to state legislation and to a state commission that ordered that Kaleida Health and ECMC be joined under a single unified governance structure, the judge wrote in his decision.
The commission mandated the dissolution of the publicbenefit corporation that controls ECMC and the folding of ECMC’s assets, along with the assets of the private, nonprofit Kaleida Health, into a newly created entity. The initial members of the Western New York Health System were appointed by the state health commissioner.
In addition, the judge noted that the new corporate parent continues to guide the near-term direction of ECMC during its remaining time as a public entity, having a say over public funding ECMC receives, making decisions that affect services and public employees, and treating many indigent patients whose care is supported by public funds.
As such, the court deemed that the new entity continues to exercise a “quintessentially governmental function” as it oversees the merger of the hospitals, which requires state legislation to eliminate the ECMC publicbenefit corporation.
Robert Gioia, chairman of the health system board, said the group will seek a stay in the ruling pending a decision on an appeal his group will pursue.
“We respectfully disagree with the court’s decision,” he said.
The proceeding against Dr. Richard F. Daines, the state health commissioner, and the board of trustees of the Western New York Health System was brought by four citizens, including a writer for the news weekly Artvoice.
Attempts Tuesday to reach several of them to comment were unsuccessful.
ECMC’s meetings will remain open to the public as long as it remains controlled by the public corporation, officials said.
