Legal sniping between the Cooper and Virtua systems now threatens the stability of one city's vital EMS services.
Courtroom battles between South Jersey's two dominant Camden County-based heath care organizations, initially revealed as a relatively innocuous set of counterclaims about "Top Docs" advertising puffery, now pose a threat to regional emergency medical services.
Last week, Superior Court Judge Douglas Hurd set aside a controversial state law that, in essence, transferred Virtua's long-standing EMS coverage in Camden City to Cooper University Hospital.
The judge ruled in favor of a challenge to the law by Virtua Health Systems and Capital Health System. Fast-tracked by the Legislature in June, the so-called Chapter 70 law was quickly signed with little fanfare by Gov. Chris Christie.
Hurd agreed that the law was unconstitutional "special legislation" to benefit Cooper, as well as Robert Wood Johnson University Hospital, which could dislodge Capital as the provider in parts of central New Jersey.
Virtua officials hailed the ruling -- although it's sure to be appealed. Also rejoicing were critics of South Jersey Democrat political power broker George Norcross III, who heads Cooper's board. Some were especially rankled by Republican Christie's embrace of the legislation, viewing it as evidence of secret deals involving the governor, Norcross, and Norcross' buddy, state Senate President Stephen Sweeney.
Indeed, the law smells of sneaky dealings. It assigns Camden EMS services to the regional Level 1 trauma center operator, which undeniably is Cooper. But life-support units from many organizations turn up at Cooper's well-regarded trauma center. Why would Virtua suddenly be unworthy of delivering patients there?
It was only after the law had passed the Legislature among last-minute criticism that Camden County officials produced a report critical of Virtua's paramedic response times throughout the county. Virtua challenged the report as flawed, but Hurd's decision is based mainly on his finding that the law is unconstitutional.
What nobody is taking seriously enough is the immediate effect on residents. The new law, with Cooper as Camden's EMS vendor, was slated to take effect Jan. 2. Cooper, with a new $2.5 million from the state, was bulking up its paramedic services. Virtua, presumably, hasn't let go of equipment and personnel that has served Camden for the past 30-plus years. A spate of back-and-forth appeals could leave one program or both dangerously short-handed.
For 2016, to avoid chaos, Virtua's Camden service should remain in place. The case is headed to the court's appellate division. Obviously, one side or the other won't like what the appellate judges say. If neither side budges, the case will end up before the state Supreme Court.
In addition to their 2009 ad-claims war, Cooper and Virtua clashed previously over the latter's plans to expand cardiac services. Market-share skirmishes are bound to occur as hospital systems invade each other's "turf" with specialty clinics. Nonetheless, South Jersey would be better served if two of its top health providers could stop feuding like Hatfields and McCoys long enough to think about patient and community needs.
Judges who hear the EMS case from this point on are obliged to consider medical service delivery above all else. They should ignore which side has the most political pull, or the loudest lawyers and public relations team.
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