Swedish wins another legal round, Overlake appeals

July 30, 2008

By Jon Savelle

In the ongoing legal tug-of-war between the Swedish and Overlake healthcare organizations over which one should build a new hospital in Issaquah, Swedish has seen crucial decisions go its way. The streak continued July 3, when Swedish won another favorable administrative ruling.

If it is ultimately approved, the new facility would become the closest hospital to Sammamish.

The issue continues to be the state Department of Health’s issuance, in June 2007, of a certificate of need to Swedish, saying that it could build a 175-bed hospital in Issaquah.

Overlake, together with Evergreen Healthcare in Kirkland, Children’s in Seattle and Snoqualmie Valley Hospital in Snoqualmie, quickly appealed.

A hearing on the appeal occurred in April, in which the appellants said the discussion of need should be broadened to include how healthcare is delivered to the region, rather than be limited strictly to the number of beds available.

The hearing was suspended so Health Law Judge John Kuntz, with the Department of Health in Olympia, Thurston County, could consider this assertion.

But July 3, he sided with Swedish and the hearing was closed. Now, Overlake and the other hospitals have filed a joint petition for reconsideration by the judge, while also filing an appeal in Thurston County Superior Court.

“We hope he will take another look at those factual and legal errors,” said Caitlin Hillary, vice president for strategic planning at Overlake. “Then, we would have a hearing with all the parties, and review and brief the judge on issues of need.”

After that, Overlake and its allies hope the certificate of need would be reconsidered as well.

But Swedish, with the certificate in hand, is moving ahead with its plans for a new hospital. It would be built in the Issaquah Highlands, just above Interstate 90 and the Sunset Interchange, where in December the organization purchased 18 acres for the hospital campus.

“We feel very confident there will be a hospital in Issaquah,” said Kevin Brown, vice president of Eastside development for Swedish. “We are about 45 days away from completing our master site plan, then we will begin schematic design with the architect.”

Reach Reporter Jon Savelle at 392-6434, ext. 234, or jsavelle@isspress.com

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