A federal judge has denied an oncology group’s bid to keep treating cancer patients at Jefferson Torresdale Hospital
The decision allows Jefferson Health to start exclusively using its own oncologists at Torresdale and two other hospitals.
A federal judge on Friday temporarily allowed Thomas Jefferson University to block outside oncologists from treating patients with cancer and blood disorders at Jefferson’s Frankford, Torresdale, and Bucks County Hospitals.
U.S. District Court Judge Kai N. Scott denied a motion by five oncologists with Alliance Cancer Specialists P.C. to prevent Jefferson from exclusively using its own Sidney Kimmel Cancer Center doctors at those three hospitals starting Saturday.
Scott issued the order “without prejudice,” which means if additional evidence emerges or circumstances change before a trial, she could revisit the preliminary decision. An opinion explaining the decision will be issued by 5 p.m. Monday, said Scott, who heard arguments during a four-hour hearing Wednesday.
» READ MORE: Lawsuit accuses Jefferson Health of trying to block outside oncologists
Alliance Cancer Specialists, which is part of the national US Oncology Network, sued Jefferson last week, alleging the health system’s decision to use only its own oncologists at those three hospitals amounted to an illegal attempt to monopolize cancer care in Northeast Philadelphia and parts of Bucks County.
They also alleged that the way Jefferson was ending their access to those hospitals violated state contract law. A hospital’s bylaws function to serve as a contract between the hospitals and outside doctors who have the right to admit and treat patients in the hospital.
Jefferson, however, said the decision to use its own cancer doctors was part of an effort to maintain the best care for patients. It also said it followed its bylaws.
In a statement Friday, Jefferson applauded the judge’s “careful consideration of the facts” in temporarily denying the outside oncology group.
“Jefferson intends to continue vigorously defending our position,” the statement continued.
Alliance Cancer Specialists did not immediately respond to a request for comment Friday afternoon.
Alice G. Gosfield, a Philadelphia attorney who represents physicians in their business dealings, said in an interview before the ruling came out that the law seemed to back Jefferson and that she would have been surprised if Scott had granted the temporary restraining order requested by Alliance Cancer Specialists.
“To make the decision that you’re going to go exclusive with your employed physicians, this is part of what has happened with the massive consolidation that’s taken place in the industry,” Gosfield said.
Jefferson is prime example of consolidation. The nonprofit grew from three to 18 hospitals from 2015 through 2021. It acquired the three former Aria hospitals, where the five oncologists have long practiced, in 2016.
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