WV senator will represent hospital resident in suit against Morrisey over sale

Garcia announced Tuesday afternoon he had filed a 30-day notice of intent to sue Gov. Patrick Morrisey and state Health Facilities Secretary Mike Caruso.

The lawsuit will aim to stop the sale of the Manchin facility to Marx Development Group or to any other entity, Garcia said. DeVito also will pursue a writ of mandamus requiring Caruso and Morrisey to continue to operate the facility pursuant to statutory requirements set out in a law concerning the reorganization of the state’s health department.

“There is no statutory authority for Gov. Morrisey or Sec. Caruso to abdicate their administrative responsibilities to the patients of the John Manchin Sr. nursing home and other state-run facilities by selling them to Marx Development Group or any other private corporation,� Garcia said in a statement Tuesday.

“Proposed legislation to privatize the John Manchin facility has repeatedly failed. Furthermore, the Governor’s Office has failed to make public the written agreement to sell these facilities, and my client and other residents have many concerns but very little information other than a potential sales deadline of Sept. 30, 2025. The only way to protect the residents of John Manchin Sr. now is to fight this in court.�

What long-term care centers are W.Va. selling?

Morrisey announced Aug. 12 that the state had reached a deal with New York-based MDG to purchase four state long-term care facilities for $60 million. Along with John Manchin Sr., the facilities include Hopemont Hospital in Terra Alta, Jackie Withrow Hospital in Beckley and Lakin Hospital in West Columbia.

The sale is expected to close Sept. 30 with a possible 30-day extension. The governor’s office hasn’t released the contract for public review. Several lawmakers said they haven’t received the contract despite requests.

West Virginia Watch filed a Freedom of Information Act request Aug. 20 asking to review the contract and related documents. An attorney in the governor’s office said non-exempt documents will be shared Sept. 26.

The four state-owned hospitals often house and take care of elderly patients — some with complex medical problems and disabilities — who have nowhere else to go. Many patients rely on Medicaid and can’t afford private care.

Morrisey said Marx Development Group will retain the elderly patients and improve their care. Community members and state leaders worry what the sale could mean for elderly patients now and in the future.

MDG owns and operates long-term care facilities in states around the region, according to a news release from Morrisey. Through its subsidiaries, Majestic Care and Bluegrass Consulting Group, it owns 55 properties with more than 5,000 licensed beds.

Morrisey said the facilities all operate at a loss and would require the state to invest $100 million over the next few years to rebuild and renovate.

As part of the deal, the company has agreed to build three to five new facilities to replace aging facilities and source the materials and labor from West Virginia, Morrisey said.

Morrisey said the state continues to pursue the potential sale of its other facilities, which include Mildred Mitchell-Bateman Hospital, Welch Community Hospital and William R. Sharpe Jr. Hospital. The long-term goal is to eliminate most of the need for the state’s Department of Health Facilities, he said.

Garcia on Wednesday noted he’s not the first lawmaker to file a lawsuit against a sitting governor. Former Democrat Del. Isaac Sponaugle, an attorney, sued former Gov. Jim Justice, alleging he violated the constitution by not residing in the seat of government. Garcia noted that the circumstances around that lawsuit are different than with the one he intends to bring against Morrisey.

“I’m a private practice attorney,� Garcia said. “I have a client that came to me, and so I think that’s the thing about having a part-time Legislature. When I look at my advocacy, I think as somebody who is representing this area that’s separate than the legal arguments that I’ll be making in this case.�

Reaction to the lawsuit

In an email to West Virginia Watch Wednesday, Morrisey’s Deputy Press Secretary Drew Galang said the governor’s office received the notice to sue and stands behind the sale’s legality.

“This common-sense sale will help advance quality for our most vulnerable citizens and produce real savings for taxpayers,� he wrote.

A spokeswoman for the state Office of Shared Administration said in a statement Wednesday that the Department of Health Facilities, in conjunction with Morrisey, has the legal authority to divest the facilities.

“Moreover, divestment of the long term care facilities provides the opportunity for increased levels of care to facility residents, will spur new investment, provide job opportunities to West Virginia workers, and, ultimately, will save West Virginia taxpayers millions of dollars,� communications director Gailyn Markum wrote in an email. “Residents of the facilities will continue to receive quality care from a highly successful company specializing in patient care, and substantially all current DHF staff will be retained by the new operator.�

Amelia Ferrell Knisely contributed reporting to this story.