Fulton County Commission asks Justice Department to investigate Wellstar

FULTON COUNTY, Ga. - Fulton County will join state lawmakers in asking federal officials to investigate Wellstar Health System after two closing hospitals in central and south Fulton County last year.

The Fulton County Commission voted Wednesday to file a federal complaint with the Justice Department.

"By signing this resolution, commissioners what message are we sending? What hospital would want to come into Fulton County now?" Commissioner Bridget Thorne said during discussion of the county’s resolution.

Thorne's remarks were met with outrage by her fellow board members.

"That sounded like a paid advertisement that you just read. I guess your check is in the mail. None of what you said is true," responded Commissioner Marvin Arrington Jr. 

Thorne was the lone board member to speak out in support of Wellstar.

The Fulton County commissioner, who represents north Fulton, read a prepared statement claiming county leaders had not offered the hospital system support or solutions, and had not made any effort to work with Wellstar prior to its closure. 

"Wellstar discussed the financial challenges at AMC, and the need for support to keep it open in Fulton County officials multiple times. They were offered no support and no solutions," Thorne said.

Several commissioners took offense, calling Thorne's remarks false and misguided.

"I am personally offended by your white privilege. You don't live in my district. You don’t live south and for you to come up here and do a false dissertation of what we have not done. I am upset," said Commissioner Khadijah Abdur- Rahman.

Fulton County Chairman Robb Pitts asked the board to authorize the county attorney to file a complaint with the Department of Justice requesting an investigation of Wellstar for possible health care redlining. The resolution passed despite Thorne's opposition. 

Wellstar pulled out of Atlanta and East Point last November. At that time, hospital officials said it was due to a decline in revenue. Fulton County officials point out the health care system has continued to operate and expand in areas in and outside of Fulton County in predominately white areas.

Wellstar responded in a written statement saying in part:

"…efforts to find another health system partner and work with government officials to find a solution started was started well before our decision to close AMC in 2022. That included direct discussions with policymakers, including Chairman Pitts as early as February 2020."

Last week, several state lawmakers filed two complaints, one with the U.S. Department of Health and Human Services Office for Civil Rights and one with the IRS calling for investigations.

The complaint to the HHS alleges Wellstar broke federal law by closing two hospitals that served primarily Black populations while continuing to operate hospitals that served richer, whiter people. They also allege Wellstar has violated Title VI of the 1964 Civil Rights Act which prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives federal funds.

The complaint to the IRS also charges while Wellstar performed a required community health-needs study under rules for nonprofit hospitals, it failed to implement a strategy to address those needs. Sen. Orrock and others cite a 2021 letter from the Atlanta Medical Center’s advisory board saying management proposed and discarded a series of "opaque" and "vague" plans to improve operations and finances, showing a "long-term lack of vision and clear direction."

Opponents also target Wellstar’s negotiations to buy the Augusta University Health System, which operates two hospitals in Augusta. They particularly criticized Wellstar’s acquisition of the rights to build a hospital in Augusta’s mostly white Columbia County suburbs, and the $105 million that the state is providing to buy a new electronic medical records system for the university’s Medical College of Georgia, from which Wellstar would benefit.

Last week, Wellstar responded to accusations saying they have been "open, honest and transparent" in their business. In a statement, the health system went further:

"While we have not seen the complaint, the suggestion that Wellstar Health System in any way discriminated against patients and communities is outrageous and false. In fact, we are the largest provider of charity care in the state of Georgia and among the top 10 providers nationwide, bringing expert, compassionate health services to those who need us most. 

"Since February 2020, when Wellstar publicly announced a formal search for a partner or buyer to find a sustainable path forward, we have been open, honest and transparent about the challenges we faced. They were multi-faceted and included the age of AMC’s buildings, the fact that utilization was less than half of the bed capacity and a lack of public and private support. We connected with healthcare organizations locally, regionally and across the country. Potential partners expressed interest, but ultimately none were interested. None of these facts were presented or discussed in today’s press conference. 

"We are focused and committed to continue serving diverse communities throughout the region and providing them the specialized programs and resources they need."

Previously, the Marietta-based health care system has stated it had spent more than $350 million to cover losses and make improvements at Atlanta Medical Center, losing $100 million in the year before closing. Wellstar said then that it tried and fail to find governments or others to help with sustainable solutions.

Atlanta Medical Center was one of only two Level 1 trauma centers in the region. Last year, Wellstar Health System announced it was closing the 450-bed AMC in the heart of Atlanta and Atlanta Medical Center South in East Point due to a decline in revenue, a move that also resulted in the closure or relocation of several doctors' offices in Atlanta and the south metro area. Both were considered a vital health care provider for many low-income residents.

Wellstar had operated both hospitals since 2016 after buying them and others from for-profit operator Tenet Healthcare Corp.