Mar 14, 2014 3 min read

The state Supreme Court heard argument this week on a lawsuit filed by SEIU Healthcare PA to stop the state Department of Health from implementing a plan to close 26 community-based health centers.

A part of its consolidation plan, the department already closed 15 centers, including the Greene County center on Oakview Drive in Franklin Township, which was consolidated in August with the center in Washington.

SEIU Healthcare PA, which represents community health nurses, filed a lawsuit in April in Commonwealth Court claiming the state could not implement its plan to close 26 of the state’s 60 health centers without the legislature’s approval. The case was joined by several lawmakers including state Rep. Pam Snyder, D-Jefferson, and state Sen. Tim Solobay, D-Canonsburg.

The union’s request for an injunction to halt implementation of the plan while the litigation proceeded was denied by Commonwealth Court. However, the state Supreme Court issued a temporary injunction in July. Despite attempts by the two parties to reach a settlement, the case proceeded to court.

The union is asking the state Supreme Court to reverse Commonwealth Court’s denial of an injunction and to issue its own injunction ordering the centers be reopened and furloughed nurses reinstated pending a full hearing.

“Although we may not get a ruling for some time, we are encouraged the Pennsylvania Supreme Court took the initial step to temporarily halt the (Pa. Governor Tom) Corbett administration’s plans to close half the state’s health centers and eliminate nearly one in six community health nurse positions across the state,” said Kevin Hefty of SEIU Healthcare PA.

“Now it is up to the Pennsylvania Supreme Court to put a permanent stop to these plans that put public health at risk.”

The consolidation of centers resulted in the elimination of 22 community health nurse positions, with seven community health nurses laid off and the remaining nurse positions moved into existing vacancies, according to SEIU Healthcare PA.

The Greene County center, which was staffed by one nurse and a secretary, provided immunizations to the uninsured or under-insured, conducted HIV and STD testing and held flu and tuberculosis clinics.

The department said many of the health centers scheduled to be closed do not have many walk-in clients. The Greene County center averaged one walk-in client a week, a spokeswoman said earlier.

In its suit, SEIU Healthcare PA claims a 1996 law, Act 87, requires the state to continue operating all public health centers opened as of July 1, 1995. That law cannot be amended without action by the legislature.

The union also maintains closing the centers will result in a reduction in health care services particularly in rural counties.

The department said its plan will allow health center nurses to spend more time providing services in the community rather than making clients come to them at the centers. The department will continue to deliver services in every county. People will not have to travel to other counties for services, it said.

If the Supreme Court grants the union’s appeal, SEIU Healthcare PA said, this could require the state to reopen the closed health centers and reinstate the eliminated nurse positions pending a full hearing.