The war of words between Baxter County Regional Hospital (Baxter Health) and the original members of the Hospice of the Ozarks board of directors continues.
The 11-member Hospice board members, who are listed as plaintiffs in the suit originally filed last month, have now responded to the response of the hospital and BCRH Administrator Ron Peterson which was filed November 25.
In the response shown as being filed December 3, the original Hospice board declares that its request that the court issue an emergency temporary restraining order to stop the newly constituted 25-member board from taking actions affecting Hospice remains valid.
In a filing, BCRH alleged that the request for the emergency order be withdrawn “at the request of all parties.”
While not laid out in the Hospice response, it is assumed that the recently constituted Hospice board, on which the 14 newly appointed members from the hospital sit made that decision.
The response by Hospice lays out its requests that the court issue an emergency temporary restraining order, preliminary injunction and declaratory judgment.
One of the major points of contention between the two organizations is whether the hospital violated Hospice of the Ozarks bylaws in appointing those 14 new members to the Hospice of the Ozarks board.
The action took place at a special meeting of the BCRH board in late October.
The new board members were either employees of BCRH or members of its board.
The addition of the new members gave the hospital a voting majority of the Hospice board.
In the Hospice suit, it is alleged that BCRH took the actions it did to preserve control over the funds and other assets of Hospice of the Ozarks.
In its response to the hospital’s response, the original 11-member Hospice board contends that the organization did hold a meeting with the hospital in order to provide information to the hospital board on the matter of separation from BCRH.
The plaintiffs described a meeting on October 26 as “nothing more than an ambush” of former Hospice director Greg Wood and board chairman Joe Dillard.
The Hospice response contends that instead of holding a constructive meeting, the hospital board used the gathering to “attack Hospice.”
The Hospice response also denies statements in the hospital’s original response contending that the plan to separate from the hospital was not adequately planned.
“The plaintiffs and Hospice were not acting in a reckless fashion or with lack of preparation according to the response.”
The response contends that Hospice of the Ozarks was prepared financially and strategically for full separation from BCRH
but the hospital did not allow an adequate chance to present information” on that point.
While BCRH Administrator Ron Peterson has said the hospital has not touched and does not intend to touch funds belonging to Hospice.
In the Hospice response, it is alleged that “BCRH needs Hospice and its assets so that (the hospital) can include those assets on the books and financial statements of BCRH.”
DISCLAIMER
Mountain Lakes Broadcasting Corp.’s co-owner Heather Loftis is named as a defendant in the suit because she serves as a member of the Baxter Health Board of Directors.
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