Phoebe Comments on FIrst Day of FTC Appeal Hearing

Staff Report From Albany CEO

Tuesday, November 27th, 2012

The US Supreme Court today heard arguments in the Federal Trade Commission's (FTC) appeal of a federal court ruling allowing the Hospital Authority of Albany-Dougherty County to purchase Palmyra Medical Center.

The FTC appealed a ruling by Federal Judge Louis Sands in 2011 dismissing the agency's claim of jurisdiction over the agreement between the Authority and HCA, the previous owners of Palmyra Medical Center.  The 11th Circuit Court of Appeals upheld the lower court ruling which was appealed to the Supreme Court.  

"The case was well argued to a court that appeared to be very knowledgeable about the issues," said Thomas Chambless, general counsel for Phoebe.  Chambless adds, "They asked many questions about the main issue, which is state action immunity." 

Mr. Seth Waxman, a former solicitor general of the United States, argued the case for Phoebe and the Hospital Authority of Albany-Dougherty County and the FTC was represented by the office of the solicitor general.

The former Palmyra Medical Center is now a part of Phoebe Putney Memorial Hospital.    The Supreme Court is not expected to rule until the spring of 2013.