Too late: Pa. Supreme Court issues ruling on Delaware County Memorial Hospital closure

From Delco to Chesco and Montco to Bucks, what about life in Philly’s suburbs do you want WHYY News to cover? Let us know!

The Supreme Court of Pennsylvania issued a ruling Wednesday which would have effectively paused the closure of the now-shuttered Delaware County Memorial Hospital in Drexel Hill.

But with Crozer Health, Delaware County’s four-hospital system, facing a financial tailspin, the decision comes months, if not years, too late.

“It just breaks my heart,” said Angela Neopolitano, who worked as a nurse at DCMH for 41 years. “I’m glad that I feel vindicated that I was right in the long run. They should have never closed that — and they did.”

Prospect Medical Holdings, Crozer’s California-based parent company, filed for bankruptcy Jan. 11. The company did not respond to a request for comment. Any hope of DCMH reopening in the future is all but dead.

In September 2022, Prospect announced its plans to transition DCMH into a behavioral health hospital. The move was met with immediate community backlash. The Foundation for Delaware County sued Prospect in the Delaware County Court of Common Pleas, arguing the plan was a breach of an agreement in which Prospect promised not to close its hospitals before 2026.

The Foundation sought a preliminary injunction to halt the closure — to which the court obliged in October 2022. However, the effect of the ruling was short-lived. The Pennsylvania Department of Health ordered the facility to close in November 2022, citing inadequate staffing.

Then-Pennsylvania Attorney General Josh Shapiro asked the court to hold Prospect in contempt for failing to address the staffing issues at the hospital.

In May 2023, the Pennsylvania Commonwealth Court overturned the lower court’s decision, subsequently voiding the preliminary injunction, and the Foundation appealed. Later that year, the state Supreme Court announced its decision to review the case.

“Because we conclude the Commonwealth Court misapplied the standard of review, and the record contains ‘apparently reasonable grounds’ to support the trial court’s order, we reverse the order of the Commonwealth Court and remand for further proceedings,” Justice Sallie Mundy wrote in the majority opinion.

The latest ruling, while coming from the state’s highest court, has essentially no impact on the current situation.

“It’s like the fighter who got knocked down but found out that the other person cheated,” Neopolitano said.

DCMH’s building hasn’t been functional in years. Meanwhile, the rest of Crozer Health is in jeopardy while Prospect and local lawmakers search for a solution and a new buyer.

The Foundation declined to comment.

Bills are going unpaid — even more so than usual. Outside vendors have quit. Most notably, Keystone Quality Transport, which shuttled patients between hospitals, left last week, leaving an already-strained ambulance system to pick up the burden.

“It’s taxing on the employees,” said Kate Denney, union president of the Crozer-Chester Paramedics Association. “We already have staffing issues as it is.”

“So now, where I am used to doing maybe six, seven calls a night, my volume has tripled,” she said, adding she’s been “running like crazy” for the past few weeks.

She said the uncertainty facing the system has staff on edge.

“We don’t know who the receiver’s going to be,” Denney said. “We don’t even know if they’re going to advocate for having an EMS department. Everybody who works in the EMS department is concerned for their job and their livelihoods, as well as the patients.”

In an email sent to employees obtained by WHYY News, Crozer CEO Tony Esposito said Keystone Quality Transport requested a $150,000 retainer to continue services.

“While we value KQT as a longtime partner and made every effort to negotiate, they referred us directly to their lawyer when we sought a resolution,” Esposito said. “Our administrative and EMS teams quickly mobilized to put a process in place to meet the needs of our patients and ensure continuity of care.”

He said the health system is in constant communication with vendors and partners to ensure the continuance of care.

“Some vendors require new accounts, which has caused delays in receiving supplies,” Esposito said. “Our supply chain team has been working tirelessly to prevent any disruptions to patient care — patient safety will never be compromised.”

Prospect’s discussions with state officials to secure the future of Crozer are ongoing.