Prospect Files Emergency Petition for Temporary Restraining Order Against AG Neronha

Prospect Files Emergency Petition for Temporary Restraining Order Against AG Neronha

Prospect Medical Holdings and its related companies have filed an emergency petition for a temporary restraining order against Rhode Island Attorney General Peter Nehrona.

This is the latest in a nonstop back-and-forth between the California-based company that owns and operates CharterCARE’s hospitals in Rhode Island, including Roger Williams and Fatima -- and Neronha.

This petition was filed this morning before Providence Superior Court Judge Brian Stern.

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Lawyers for Prospect claim in their petition, “The Attorney General’s authority to review or act on a conversion arises exclusively from the terms of the Hospital Conversion Act. Accordingly, if a party withdraws an application made under the statute, the Attorney General has no jurisdiction or lawful power to review, approve, deny, decide, report on or exercise any authority whatsoever over the proposed transaction that was subject to the application.”

Early on Friday Prospect alerted Neronha and the Rhode Island Department of Health that it was withdrawing its conversion applications.

According to the filing, “On April 30, 2021, the Petitioners unequivocally withdrew their HCA Applications, thereby terminating the Attorney General’s jurisdiction and authority under the HCA to review, approve, deny, decide, report on or exercise any authority whatsoever over the proposed transaction."

Further Prospect claims, "The Petitioners have been provided an embargoed decision.  The decision contains confidential information and numerous factual inaccuracies that—if publicly disclosed—would cause irreparable harm to the Hospitals, their employees, their healthcare providers, and their patients.”

“There is an actual and justiciable controversy exists between the Petitions and the Attorney General concerning his jurisdiction and authority under the HCA over the withdrawn HCA Applications,” claims Prospect.

It is unknown when the petition will be heard by Stern.

Also, on Thursday, Prospect Medical Holdings (Prospect) informed the Department of Attorney General and the Department of Health that proposed financial conditions from the Attorney General associated with an ongoing Hospital Conversions Act Application will jeopardize the future operations of Roger Williams Medical Center and Our Lady of Fatima.