GRESHAM, Ore. — Oregon health officials have denied an application from Legacy Health to close the Family Birth Center at the Legacy Mount Hood Medical Center in Gresham — and opened an investigation into Legacy's decision to close the center without official permission.
"Our goal is to ensure patients have timely access to maternity care. The closure of the Family Birth Center at Mount Hood Medical Center does not meet that goal," Oregon Health Authority public health director Rachael Banks said in a statement.
Legacy announced in January that it planned to shut down operations at the birth center on March 17 and begin diverting pregnant patients to other Legacy hospitals, citing higher operating costs and a lower rate of births than its other facilities, coupled with a lack of available staff.
At the time, The Oregonian reported that Legacy officials had tried to restructure the birth center to lower its costs, but four of the birth center's seven doctors quit over dissatisfaction with the plans.
OHA officials took issue with Legacy's rationale, writing in a Wednesday news release that, "The birth center’s staff shortages were the result of management decisions, and the hospital chose to close the facility instead of placing staff at the birth center that were willing to implement management’s proposed new care model."
The closure also does not reflect community needs, OHA wrote, because Legacy Mount Hood serves more women seeking urgent obstetrical care than any other hospital in the Legacy system, including a disproportionate percentage of patients with limited English proficiency, limited education and greater enrollment in the Oregon Health Plan, Oregon's Medicaid program.
The plan to divert patients could also result in more patients to have to deliver at the Mount Hood emergency room, where there may not be enough physicians with adequate training and experience, OHA concluded.
The response from Legacy
Hours after OHA's announcement that it had denied the waiver, Legacy put out a statement saying that it would mull the decision over and later work with OHA on next steps. The hospital system indicated that Legacy Mount Hood's birth center will remain on divert status for the time being regardless, saying the following:
"Legacy Health is committed to providing the highest quality care to our patients. We take any concerns about the quality of care we provide very seriously. The Oregon Health Authority has reviewed Legacy Health’s request for a waiver to close the Family Birth Center at Mount Hood Medical Center. Today, we received their decision to deny our request.
"We respect the state’s authority in this decision, and we are carefully reviewing the letter provided by the Oregon Health Authority. Once we have had the opportunity to thoroughly consider the decision and consult with the Oregon Health Authority to determine our next steps, we will provide additional information. In the meantime, the Mount Hood Family Birth Center will remain on divert status due to the lack of adequate physician staffing to provide safe patient care.
"Our top priority remains ensuring the safety and well-being of our patients and our staff and physicians. We want to assure the public that we are fully committed to providing the best possible care to our patients.
"We appreciate the thorough and focused approach the Oregon Health Authority is bringing to this important process, and we look forward to continuing this conversation with them. We are also committed to keeping our patients, staff, physicians, partners and communities informed as we move forward and work to ensure the highest standards of care at Mount Hood Medical Center."
Legacy warned of consequences ahead of closure
Legacy's announcement of the closure in January drew significant backlash from Gresham-area residents and elected officials, and OHA waded into the controversy on March 15, stating that it was still reviewing Legacy's application for permission to close the facility.
Legacy Mount Hood's state-issued General Hospital license requires it to provide maternity services, OHA said, which means it is not allowed to stop offering those services without a waiver.
"If Legacy Mount Hood Medical Center discontinues maternity services prior to OHA making a decision on the waiver request, OHA will move forward with appropriate regulatory actions," the agency said in a statement at the time.
Legacy announced a few days before the March 17 deadline that it still intended to follow through with the closure and begin diverting pregnant patients to Randall Children's Hospital in Northeast Portland.
OHA announced Wednesday that state investigators have opened a "separate but related" investigation into Legacy's decision to move forward on the closure without a waiver. Results of the compliance investigation are expected in the "coming weeks," OHA said.
The Oregon Nurses Association issued a statement Wednesday praising OHA's rejection of the waiver request and calling on Legacy to reopen the birth center as soon as possible.