The state has threatened to fine Saint Vincent Hospital in Worcester if it doesn’t address a plan regarding the temporary closure of its inpatient behavioral health beds, according to a letter sent to the facility by the Department of Public Health on Tuesday.
In a letter signed by acting commissioner Margret Cooke, the state said the extended closure of the beds, which the hospital said is due to the nurses’ strike, triggered an essential service hearing.
The hearing will address the hospital’s requirement to either begin the closure of the hospital’s inpatient behavioral health services or immediately plan to reopen these essential services.
Cooke said in the letter, the Department of Public Health expects that within 10 calendar days of receipt of the letter that the hospital will inform the state of its intention.
Failure to meet these requirements could result in a fine of no less than $1,000 and no more than $10,000 for each day the deficiency continues.
If Saint Vincent Hospital reopens all of the behavioral health beds prior to the hearing, the scheduled hearing will be canceled.
Saint Vincent Hospital informed the state on July 28 that it would close 10 behavioral health beds, leaving 10. On Aug. 12, it told the state it would close the remaining 10. Saint Vincent CEO Carolyn Jackson cited the nurses’ strike as to the reason for the closures.
“Since that time, the Department has relied on the Hospital’s assertion that these behavioral health beds would be reopening as soon as possible, no later than after the end of the Massachusetts Nurses Association strike which the Hospital anticipated would be less than six months,” the letter said.
The other aspect to the closure includes unemployment insurance for the striking nurses.
Last month, the Department of Unemployment Assistance ruled that the nurses are no longer entitled to unemployment benefits. The ruling stated that benefits should be discontinued effective the week ending Aug. 7 — when the closures occurred.
Under Massachusetts law, employees who strike are entitled to unemployment benefits. However, they are disqualified once the strike causes a stoppage in services.
Any striking nurse who has collected unemployment since must refund the full amount to the state, under the ruling by the Department of Unemployment Assistance.
“The decision to close behavioral health beds and relocate services out of the region by St. Vincent’s Hospital and their for-profit parent company Tenet was not only reckless, it put the health and welfare of residents in Worcester county in danger,” said State Rep. David LeBoeuf, who represents Worcester’s 17th District. “I applaud Secretary Sudders for making this decision and holding the hospital and Carolyn Jackson accountable. It has been shown time and time again that the hospital will go out of its way to harm the overall healthcare ecosystem instead of sitting down with the nurses and settling this long overdue dispute.”
The strike, which began on March 8, is now approaching its ninth month. The nurses began the strike demanding Tenet Healthcare, the Dallas-based parent company of Saint Vincent’s, improve staffing.
While most of the disagreements have been resolved, a return to work agreement has extended the strike.
The hospital has hired hundreds of replacement nurses throughout the strike with many of the newly hired nurses working in positions previously held by striking nurses.
While Saint Vincent Hospital has said the majority of nurses would return to their previous positions, the MNA has said it will not end the strike until every nurse is guaranteed their old position.
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