Health Midwest, Kansas City, Mo., is appealing a court ruling in its lawsuit against Kansas Attorney General Phill Kline over the system's $1.13 billion sale to HCA, Nashville. The system is appealing Johnson County District Judge Thomas Foster's ruling that the boards of Health Midwest's four Kansas subsidiaries breached the public's trust by merging into the parent company headquartered in Missouri. In his ruling, Foster approved the sale and ruled that 20% of an estimated $700 million in sale assets should remain in Kansas. He issued an injunction on the subsidiaries' merger.
Health Midwest spokesman Chris Whitley said the system is appealing after hearing that Kline is considering filing post-trial motions that could delay his appeal request close to the March 31 deadline for the transaction. "By doing this, we can move up the process," he said. -- by Patrick Reilly