HHS to investigate Vidant Pungo closure

Published 7:08 pm Monday, September 8, 2014

BELHAVEN — The U.S. Department of Health and Human Services has announced it will conduct a full investigation into the closing of Vidant Pungo Hospital.

At a press conference in Greenville on Sept. 4, Belhaven Mayor Adam O’Neal and the NC NAACP announced HHS will investigate the series of events that resulted in the hospital’s closing on July 1. The investigation comes from a Title 6 Civil Rights complaint filed by the NC NAACP and the Town of Belhaven.

“It’s pretty obvious that the closure of our hospital has a disparaging effect on minorities and the poor,” O’Neal said. “They did a preliminary review of the issue and have decided to do a full investigation on Vidant and Pantego Creek, LLC.”

In response to the press conference, Vidant issued a press release, stating, “Since the filing of the original complaint, Vidant Health has responded to questions and provided information to the Office of Civil Rights. They have recently asked for additional information, which Vidant is readily providing.”

Last week, Vidant Health issued a press release, stating the Town of Belhaven revoked a building permit on Aug. 28 for a new 24-hour modern health care facility and helipad for integrated multi-specialty medical care and emergency medical transport in the area. The town had originally approved the permit on Aug. 1.

“We are disappointed that the town of Belhaven would revoke a permit that they had already granted,” said Dr. David Herman, CEO of Vidant Health in the release. “Belhaven and the region would benefit from this new facility. We remain committed to pursuing healthcare solutions that will serve this region.”

In Dec. 2013, Vidant purchased 19.4 acres between Belhaven’s post office and the Food Lion shopping center, south of U.S. Hwy 264, the release said. The property at 601 Old County Road is within walking distance for Belhaven residents and serviceable by local utility operators, according to Vidant. Currently, Vidant is providing care at the 24/7 care clinic and at the three physician practices in Belhaven.

The Town of Belhaven originally had suggested a piece of property for the clinic and had proposed to donate the property to Vidant, but after research Vidant found it was not viable for the proposed clinic.

In the same release issued following the Sept. 4 press conference, Vidant stated, “The Town of Belhaven never made an official offer to Vidant Health regarding property to build the clinic. After reviewing a piece of property suggested by the Mayor for donation, Vidant discovered it has several environmental issues, including old, underground storage tanks from a previous gas station and school, and the property is not large enough for a helipad.”

O’Neal said Vidant bought the piece of property, which was not zoned for a clinic after being advised by the town that it was not popular to be rezoned. Last week, the town’s planning board met and voted unanimously to revoke the permit after reviewing the situation, O’Neal said.

“We also had a meeting in Belhaven where the planning board voted unanimously to show they had no interest in giving any type of exception to zoning laws regarding the Vidant clinic,” O’Neal said. “Normally any good businessperson checks zoning on a piece of property to check if it’s compatible with the use intended. The land is not zoned for their intended use.”

On Aug. 14, the Town of Belhaven and the NC NAACP met Vidant and Pantego Creek, LLC in a Beaufort County Superior Court case in Wilson, in which Judge Milton Fitch Jr. granted a request by the town for a temporary restraining order that lasted until Aug. 25. The order called to keep Vidant Health and Pantego Creek, LLC from removing equipment from the building, shutting off the building’s utility service or demolishing the building. On Aug. 25, the two parties met once again only to learn the case had been moved to federal court, as requested by Vidant. There, Fitch told Vidant and Pantego Creek’s lawyers that if the status quo had been disrupted and the case returned to him, he would not look upon it favorably, according to Belhaven Town Attorney John Tate.

Tate said since the town filed a Title 6 Civil Rights complaint, a federal issue, the case may fall under federal jurisdiction. The hearing will now go to a federal judge, who will decide whether the case is a federal issue or whether it will return to a state courtroom. The town has removed the Title 6 complaint and inserted a North Carolina General Statute, which may aid in keeping it in state court, Tate said.

O’Neal said the town is still prepared to exercise civil disobedience if the building is compromised. The town has held several civil disobedience classes led by Civil Rights activist legend Bob Zellner.

“In Belhaven right now, we have people power taking place where black, white, rich poor, everybody is working together to try to save the hospital,” O’Neal said. “Everybody is at these meetings and it’s very powerful. And after, the walk to D.C., we have people helping us that were just writing letters before.”