Released: November 15, 2022
Josh Shapiro, Attorney General of Pennsylvania, filed a Petition on November 15, 2022 for Rule To Show Cause in Delaware County Common Pleas Court, seeking a hearing to argue that Prospect Crozer, LLC, owner of Delaware County Memorial Hospital, should be held in contempt of court, for its violation of court orders dated October 11, 2022 and November 1, 2022. In those orders, Prospect Crozer was required to maintain services at DCMH. Notwithstanding the orders, Prospect Crozer allowed staffing levels to fall to unacceptably low levels. The Pennsylvania Department of Health agreed and, on November 1, 2022, ordered the suspension of DCMH’s services, effective November 4,2022, until Prospect complied with state regulations.
In its filing, the Attorney General asks the court to find Prospect Crozer, and its parent company Prospect Medical Holdings, Inc, in contempt of court, and to order the entities to secure the staffing needed to provide emergency department services to the public at DCMH. Significantly, the Attorney General also seeks the imposition of a fine of $100,000 for each day that there has been, and continues to be, a ban on hospital admissions, starting November 7, 2022. As of the date of filing, the requested fine totals $800,000.
The Foundation for Delaware County (the “Foundation”) has joined in the Attorney General’s motion. The Foundation and the County of Delaware are appreciative of the firm and unequivocal action taken by the Attorney General, and his office. The original order of the court was clear; keep DCMH open. The action of Prospect Crozer to seek to circumvent this order, by failing to properly staff the hospital is shameful, and consistent with its recent actions, which put private profit as the singular focus of its operations, without regard to contractual commitments, or considerations of the health and safety of residents of Delaware County.
The Foundation looks forward to working with the Attorney General and the Courts of this Commonwealth to ensure that Prospect Crozer meets its contractual and community obligations.