Jack Tranter

It has been almost ten years since the Maryland Health Care Commission approved construction of a new acute care hospital. After an almost two-year contested review, Gallagher Evelius & Jones LLP lawyer Jack Tranter helped Washington County Hospital Association obtain Commission approval to do so, despite the opposition of the City of Hagerstown, CareFirst Blue Cross-Blue Shield and others.

At present, Washington County Hospital is an antiquated facility located in the City of Hagerstown. In June 2003, Washington County Hospital Association filed a Certificate of Need application proposing to construct a replacement hospital at Robinwood. While located only three miles from the existing hospital, the Robinwood site is located outside the City of Hagerstown.

Not wanting the hospital to relocate, the City of Hagerstown argued that the existing structure should be renovated or that a new hospital should be constructed adjacent to the existing facility. The City submitted extensive pleadings arguing that the proposed project was not financially viable, would diminish access, and was not the optimal alternative. The City claimed that the replacement hospital project was inconsistent with many of the legal standards and review criteria applicable to the Maryland Health Care Commission’s consideration of the relocation of a hospital facility.

After Mr. Tranter responded to the City’s arguments and following a meeting with the hearing officer and City representatives, Washington County Hospital Association submitted a new proposal with relatively minor changes, again seeking Commission approval to construct a replacement hospital at the Robinwood site.

The City once again filed extensive pleadings opposing approval, making many of the same arguments it made before. After considering the responses Mr. Tranter filed and agreeing with Mr. Tranter that an evidentiary hearing should not be held, the hearing officer issued an 88-page decision recommending approval.

At its June 2005 meeting the Commission adopted the hearing officer's proposed decision and authorized Washington County Hospital Association to build a new hospital at the Robinwood site.

Gallagher Evelius & Jones is proud to have helped Washington County Hospital Association achieve its goal - to provide care to the residents of Washington County and surrounding areas in a modern state-of-the-art hospital facility.