Decision On Landmark Postponed

Superior Court Judge Michael Silverstein postponed the decision on the future of Landmark Medical Center this morning, asking bidders to work out additional bargaining agreements and other outstanding issues before granting final approval for purchase of the hospital.   

"A review and comparison between the bids as they currently exist creates a substantial quandary for the court," Silverstein said.

The judge explained that while all three potential buyers; Prime Healthcare, RegionalCare Hospital Partners and Transition Healthcare, are well qualified to run the facility, public interest dictates a need for additional resolution of negotiations with the nurses' union, Blue Cross Blue Shield of Rhode Island and asset purchase agreements.

"The court is aware that what I am doing is taking a very unusual posture," said Silverstein. "It would have been easy to select one of these buyers today. They're all qualified."

Silverstein cited the bidders' requests for right to walk from the deal if they were unhappy with the result of these negotiations as a major cause for delay. RegionalCare, for example, has yet reach a collective bargaining agreement with United Nurses and Allied Professionals union. the company's bid earlier this week.

Neither Prime or Transition, meanwhile, have worked out agreements with BCBS, a fact which Silverstein said could severely limit the hopital's ability to properly service a large number of patients in Northern Rhode Island.    

"We acknowledge the dilemma the court is in and completely support the decision," said Ted Orson, a lawyer for the State Department of Health. The three bidders will have until May 6 to submit additional materials to the court before a May 10 hearing.

"The court would expect each of these bidders go forth in good faith to resolve these issues," Silverstein said.

Jonathan Savage, the court-appointed special master for the hospital requested the opportunity to allow additional bids from outside parties before the May 6 deadline, an option which the judge denied after objections from Orson and several representatives acting of behalf of the bidders.

"I'm to instruct the special master which, if any, agreement to move forward on," said Silverstein. "We'll see what happens on May 10, but until then no new parties should be involved."