Judge prevents immediate Acoma hospital cuts
Staff reductions had led to suspension of emergency services
A federal judge has prevented the Indian Health Service from reducing emergency services at an Acoma Pueblo hospital for at least a few more weeks.
The Pueblo of Acoma sued IHS and the U.S. Department of Health and Human Services in federal court last week over cuts at Acoma-Canoncito-Laguna Hospital.
Judge Beryl A. Howel of the U.S. District Court for the District of Columbia granted a temporary restraining order to Acoma Pueblo on Jan. 29. The order expires Feb. 28.
“Defendants are temporarily prohibited from closing the Acoma-Canoncito-Laguna
Hospital or reducing the facility’s current services pending the expiration of this temporary restraining order or further order of this Court,” the order reads.
IHS shortened the hospital’s operating hours in October and stopped emergency and inpatient services because of staffing shortages.
According to IHS court documents, three emergency room physicians left or were preparing to leave, one ER nurse resigned, and a total of nine clinical nurses resigned.
The hospital resumed emergency services Jan. 1, but had planned to close again on Feb. 1 before Howel issued the order.
Acoma Pueblo says IHS violated federal law by not informing Congress of the changes at least a year in advance, said Greg Smith, an attorney representing the Pueblo.
“One point the tribe has repeatedly made to the IHS is to ask how, under any principles of public health policy, you can justify closing a hospital in the middle of a pandemic,” Smith told the Journal. “The sense is that IHS intends to vigorously litigate this, rather than, in our view and the judge’s view, comply with the law and do a detailed report of how this affects a Native community, and provide one year notice.”
IHS defense lawyers assert that the law has exceptions for a temporary closure “that is
necessary for medical, environmental, or safety reasons.”
“Hiring medical staff is more than locating personnel,” the attorneys wrote in a document opposing the Acoma motion. “These personnel in most instances are relocated, housed, background tracked and they must learn the specific systems and protocols at the hospital. This process takes weeks.”
The agency referred to the tribe’s lawsuit as an “eleventh-hour” motion that interferes with hospital safety decisions. IHS maintains that CARES Act money cannot be used for the hospital’s funding shortages.
Gov. Michelle Lujan Grisham, formerU.S. Sen. Tom Udall and U.S. Rep. Deb Haaland have issued letters or statements that denounce the hospital changes.
The Acoma legal team will argue for a preliminary injunction later this month.