Exhibits; Motion; Order; Press Release; Settlement Agreement; Notice of Proposed Settlement and Hearing; Joint Motion; Response; Consent Decree

Public Court Documents
April 11, 1978 - July 28, 1978

Exhibits; Motion; Order; Press Release; Settlement Agreement; Notice of Proposed Settlement and Hearing; Joint Motion; Response; Consent Decree preview

65 pages

Exhibits; Motion; Order; Press Release; Settlement Agreement; Notice of Proposed Settlement Consent Decree and Hearing; Joint Motion for Approval of Settlement and Consent Decree, and for Setting of Hearing on Objections; Response to Motion to Prohibit Disclosure of Documents; Consent Decree

  • Case Files, Hatcher v. Methodist Hospital - Hardbacks. Exhibits; Motion; Order; Press Release; Settlement Agreement; Notice of Proposed Settlement and Hearing; Joint Motion; Response; Consent Decree, 1978. 1e60c71b-5484-f111-ab0f-7c1e527d528a. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a59a6df6-32e9-42d6-8079-0c563cf433de/exhibits-motion-order-press-release-settlement-agreement-notice-of-proposed-settlement-and-hearing-joint-motion-response-consent-decree. Accessed October 10, 2026.

    Copied!

     [||03b6dad9-8c44-410c-b13b-34a2beeba0d8||] Mechanical Violatiors in 1957 Building (continued) 
  

  

Corridor door louver to Ultra-Sound Room 113 

must be removed. 

All laboratory sinks require vacuum breakers. 

The shut-off valve on the sprinkler system serving 
the Laundry Clean Linen Rooms requires a supervised 
lock, and the existing flow alarm shall be connected 

to the fire alarm system. 

The Nursery Rooms on the third floor have no exhaust/ 

return air outlets. Corridor door louvers must be 
removed and an exhaust/return system with outlets near 

the floor and arranged for positive pressures must be 

provided. 

Linen Chute System - 

Sprinklers at alternate floor levels. 

To be extended full-size through the roof. 

The floor separations are not fire sealed to prevent the 

passage of smoke. 

There are no fire dampers in ducts penetrating two hour 

fire rated walls and floors. 

The building exceeds 150 feet in length, and therefore 
requires smoke barriers, and it is not smoke separated 
from the adjoining buildings. 

All ducts which may distribute smoke from the 
fire zone shall be equipped with smoke dampers and 
actuated by smoke detectors in the duct system. 

Provide smoke detectors in the supply systems to 

prevent the distribution of smoke. 

Mechanical Violations in 1961 Building   

Mechanical Equipment Room B27 

All supply ducts are covered with combustible canvas. 
Insulation must meet maximum flame spread rating of 

25 and smoke developed rating of 50. The equipment 
room is a plenum. 

Remove relief opening in corridor wall. 

Provide electric griddle shut-off with the ex 
system of the Coffee Shop hood and connect to 
alarm system. 

The floor separations are not fire sealed to prevent the 

passage of smoke 

4/11/78 ff Exhibit A 

 



Me 
Mechanical Violations in 1961 Building (continued) 
  

  

There are no fire dampers in ducts penetrating two hour , 
fire rated walls and floors. 

The building is not smoke separated from the adjoining 
buildings. 

All ducts which may distribute smoke from the fire 
zone shall be equipped with smoke dampers and actuat- 

ed by smoke detectors in the duct system. 

Provide smoke detectors in the supply system to 

prevent the distribution of smoke. 

Mechanical Violations in 1965 Building 
  

The laboratory hood in Room B33 requires a vacuum breaker. 

There are no fire dampers in ducts penetrating two hour fire 
rated floors and walls. 

Provide smoke detectors in the supply system to prevent the 
distribution of smoke. 

Mechanical Violation in 1972 Building 
  

Seal all penetrations of smoke barriers. 

Mechanical Violations in Dietary Building 
  

The hood extinguishing systems are not connected to the 

fire alarm system and does not shut-off the gas fuel. 

Electrical Violations - General (Applies to all Buildings) 
  

Fire Detection and Alarm System - 

Smoke compartmentation has not been provided. Doors in 
smoke partitions are required to be either kept closed 

or held open electrically. Smoke dampers in ducts are 

to be controlled by a smoke detector located in the 
ventilating system. Supply and exhaust fans are to be 
controlled by smoke detectors at the respective fan 

locations. 

All smoke detectors shall also activate the fire alarm 

system, 

Automatic fire extinguishing sprinkler heads scattered 
throughout the facility. Flow alarms are required to 
be connected into the fire alarm system. 

4/11/78 Exhibit A 

 



: ¢ » 
Electrical Violations in 1923 Building 

  

  

Operating rooms, located on the fifth floor. 

Receptacles above the five foot level are 
standard parallel-blade duplex type. 

No signs are posted within the room for 
non-flammable anesthesia. 

Electrical Violations in 1943 Building 
  

Alcohol storage room contains no lighting. Room 
will be relocated. 

Delivery rooms no '"'equipotential grounding' is 
provided. 

Delivery rooms standard parallel-blade duplex receptacles 
are being utilized. 

Electrical Violations in 1957 Building 
  

Operating room, fifth floor. 

Receptacles above the five foot level are 
standard parallel-blade duplex type. 

No signs are posted within the room regarding 
non-flammable anesthesia. 

General (This is in addition to ROFEC list) 
  

Fire-proofing of ceiling and exposed steel - boiler 
house. 

Excessive size borrowed lights in doors and corridors. 

TOTAL ESTIMATED COST $1,500,000.00 

4-5-78 
Revised 4-11-78 

4/11/78 i a Exhibit A 

 



  

: # » 

Health Services Building =- Broadway 

Program/Services Description 

Program and Services: 
  

First Floor   

1) Out-Patient Department 

Registration Ambulatory Services 
Billing 

2) Admitting 

In-Patient 

3) Coffee Shop 
Staff/Visitors 

4) Lobby area expanded 

Visitors 
In-Patient Admitting 

5) Ambulatory Care Services 
Cancer Program/Regional for 5 counties 
Executive Physical Service 
Cast Removal Service 
Pulmonary Screening 
E.E.G./E.M.G. (in-patient and out-patient) 
Pre-admission Service 
Blood Drawing/Pathology 

6) Nuclear Medicine Department (relocated) 

1) Computerized Isotopic Scanning Camera 

2) Large-field of View Scanning Camera 

Basement   

1}. Auditorium 

Medical Education 
Employee Education 
Patient Education 
Storage 

Affiliating Education Programs 

2) Classrooms (2) 

3) Mechanical Area 

4=11~78 FXHIBIT B 

 



* [ 

  

Building #2 (Cancer Program/Radiology) 
  

Pirst Floor   

Physicist Work Area/Office 
Oncology Office 
Exam/Recovery Therapy Area 
Therapy Waiting Area 

Special Procedures and Control 
Lymphangiography 
Angiography (no cardiac specials) 
Scrub Area 

Xeriography 

Viewing Area/Films 
Staff Lounge/Employees 
Ultra Sound Room 
X-Ray #5 Diagnostic with Simulator 
Control Area 

Storage (Emergency Room/Sterile Supplies) 

Basement   

Storage:   

Medical Records 
  

In-Patient 

Out-Patient 

General Storage   

Laboratory 
Radiology 
Dietary 
Housekeeping 
Plant Operations 
Pharmacy 
Respiratory Therapy 
E.K.G. 

Miscellaneous 

4/11/78 EXHIBIT B 

 



  

OF He 

Tit 

ASS ue 

  

  

CIVIL RIGHTS ASSURANCES 
  

«An order to alleviate the concerns of the Department 

2alth, Education, and Velfare regarding our compliance with 
H 

le vi of the Civil Rights Act of 1964 and the Regulations 

d pursuant thereto (45 C.F.R. Part 80), The Methodist 

Hospital of Gees Inc,, gives the following specific am Sur ances 

in connection Vit h its application for a loan guarantee to 

fox Pd 

subsidy: 

” d
W
 

the period the Federal Government 1s paving an interest 

‘operate as a general acute care hospital, =z 

sist financing the construction of Broadway Methodist Hospital 

‘1. Gary Methodist Hospital will continue to 

ch
 its 

present or comparable site in Gary, providing no 

less than its present level of comprehensive 

health services. 

2. If the Gary Methodist Hospital should 

Sind ones any financial difficulties that would | : 

preclude the operation of Gary Ye tnaging Hospita 11 

as set forth in assurance 1, surpluses, loans, 

and other financial resources generated by the 

Broadway Methodist Hospital operations will be 

immediately and directly used to provide the 

NLENLP ICIS YY Pale Tl a ad a iD By AoC Ie : ~ A TY . J 4 ’ REecCessaAry assistance +0 Gary Methodist Hospl tal, 
[4] 

Ser Priorito approval of any additions to 

Or cxpansion of Broadway Methodist Hospital, it 

nust be demonstrated to and approved by the 

Aven Comprehensive Health Planning Agency, the 

EXHIBIT C 

 



    

! NO
 { 

Regional Civil Rights Director of the Department 

of Health, Education, and Welfare, and the 

Regional Heuallh Director of the Department of 

Health, Education, and Welfare that adequate 

capital expenditures have been made at Gary 

Methodist Hospital, 

4. Prior to any reduction of services at 

Gary Methodist Hospital such phonoied reduction 

must be submitted to and approved by the Regional 

Civil Rights Director of the Department of Health, 

Education, and Welfare in a manner consistent with 

Title VI of The Civil Rights Act of 1864 and the 

regulations issued pursuant thereto. - 

8. Any. .znd 211i plans to duplicate’ at 

Broadway Methodist Hospital services now present 

at Gary Methodist Hospital or the implementation 

of new programs, in. accordance with Public Law 

92-603, at either hospital must be SubniEteq to and 

approved by the Pegional Civil Rights Director of 

the Department of Health, Education, and Welfare 

in a manner Sonate with Title VI of The Civil 
. 

Rights Act of 1964 and the regulations issued pur-— 

“suant thereto. 

6. All staff physicians shall have equal 

privileges and practice at both hospitals. 

7. All patients are to be assigned to 

Gary Methodist Hospital and Broadway Methodist 

Hospital on the basis of availability of beds 
. 

 



    

-— 

Lit LILALTOD UD LAA lAwiiTc ITAL Lid UL Vite’ ’ 

valid reason exists; however, no .patient shall 

be denied equal access to either facility on 

the basis 

his place 

e2
] 

considerat 

of the distance from the hospital to 

of residence. 

t 

. in implementing the above assurances, 

ion shall be given to the operation 

of Gary Methodist Hospital and Broadway Methodist 

Hospital as an integrated and interlocking unit. 

9. Consistent with the requirements of 

Section 80.6(b) of the aforementioned regulations, 

The Methodist Hospital of Gary, Inc., will keep 

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understood that the violation of any assurance 

may be ground, in itself, for termination of all Federal 

assistance subject, however, to all applicable Federal laws; 

iy os 3 

1 

also understood that the affirmative action 

plan submitted August 14, 1972 by The Methodist Hospital of 

Gary, Inc., rem 

inconsistencies 

ains applicable; however, in the event of any 

between those provisions and these specific 

assurances, the specific assurances contained herein shall 

prevail, 

It is 

assurances cont 

c 
N 

KS i 

further understood that while the specific 

ained herein are limited to the period the 

Federal Government is paying an interest subsidy, Title VI 

of the Civil Rights Act of 1964, the regulations issued pur- 

suant thereto, and any other relevant statutory ox regulacory 

 



    
i 

4 

provisions. in effect or subsequently enacted, will remain 

applicable until otherwise changed, amended,or repealed, 

. (/ 0 
274 G2) ol) 
at) 2 aE An Nae ran 4 

; EvereftT A. “Hohuson, ) Ph. B, 
- Administrator J 

The Methodist Hospital of 

Cox Y, Ine, 

  

   

  

  

  

Approved by the United States 
Department of Health, Education, 

and Welfare 

oil 2 / 7 NL pips yi ag Ar LAT Re? = ES off ve 
  

AERA T friedman 

Regional Director 

Region VV. 

  

  

i aD ; 

Wn 2x, “ar sii - 

Bo Frank BlLrs, Me 
Regional Health Director 
Region V 

Date: ALL 4. 

  

  

“By: 4 Lane Ef A. frre Gy 

- Kenneth sl Sf 

tegional Civil Rights Director 

  

  

/\ - is ‘ 
By: : [ | Sisley, Y., Cs 

Marvan LL. Gavin 

Reg an Attorney 
patie V 

  

  

Date: Sul, al 19 = : : : 

 



  

  

  

  

  

  

  

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SITE PLAN 

OJECT: INDIANA NO. 21 ALLL 
SHEET NO. 

  

MERRILLVILLE 

HEALTH SERVICES BUILDINGS & | p™™™ | "= 
LAUNDRY ADDITIONS TO: 

BROADWAY METHODIST HOSPITAL | wouse 
INDIANA B.WE     

  
  

SCHMIDT, GARDEN & ERIKSON 
104 SOUTH MICHIGAN AVENUE, CHICAGO ARCHITECTS 

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5 » ® 
IN THE 

  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET AL., 

Plaintiffs 

VS. Cause No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not For Profit 
Corporation, and JOSEPH CALIFANO, 
as United States Secretary of 
Health, Education and Welfare, 

N
a
t
”
 

N
a
t
?
 

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Defendants 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., 

A Not-For-Profit Corporation 
and others similarly situated, 

Plaintiffs 

VS. Cause No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not-For-Profit 
Corporation and DENIS E. RIBORDY, 
as President of the Board of 
Directors, 

JOSEPH CALIFANO, as United States 
Secretary of Health, Education 
and Welfare, 

WILLIAM T. PAYNTER, M.D., as 

State Health Commissioner for the 
Indiana State Board of Health, 

JAMES WHITE, as Director of the 
Division of Hospital and 
Institutional Services of the 
Indiana State Board of Health, 

DAVID J. EDWARDS, M.D., as 

Director of the Health Facilities, 
Services and Review Development 
Bureau of the Indiana State Board 
of Health, 

N
a
r
 

N
a
t
?
 

N
a
t
?
 

a
 

a
t
 

a
 

a
t
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a
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Defendants 

MOTION   

NOW COMES Methodist Hospital of Gary, Inc., through its 

attorneys and moves this Court for the entry of the proposed 

 



  

- 

- 
; 

Order attached hereto and in support thereof states the 

following: 

l. That the attorneys for the parties hereto have 

agreed upon a settlement with the exception of certain national 

and statewide issues and subject to certain contingencies 

which, if such contingencies are not satisfied or do not 

occur by June 30, 1979, shall regult in a further resetting 

for trial in this cause; 

2. That a Settlement Agreement is to be executed which 

contains a proposed Consent Decree, Joint Motion for Approval 

of Settlement and Consent Decree, and Notice of Proposed 

Settlement, Consent Decree and Hearing, all of which would 

be submitted to the Court and sealed, not to be opened, 

implemented or acted upon by this Court unless and until 

the aforementioned contingencies are fulfilled; 

3. That the disclosure of the terms of or the proposed 

settlement documents prior to the fulfillment of the aforesaid 

conditions would be inappropriate at this time in the event 

further proceedings and trial are necessitated; 

4. That the attorneys for parties have agreed upon 

a press release adequately describing the present status 

of this cause. 

WHEREFORE, Methodist Hospital of Gary, Inc., prays 

that this Court enter the proposed Order attached hereto 

providing for a continuance of the trial setting in this 

cause and prohibiting disclosure of the proposed documents 

 



  

and terms thereof, 

    

except as set forth in said Order. 

Respectfully submitted, 

ATTORNEYS FOR METHODIST HOSPITAL OF 

GARY, INC. and DENIS E. RIBORDY, AS 

PRESIDENT OF THE BOARD” OF DIRECTORS 

{> FZ Ee yy 
[2 NR ( (Lf C% 

BRUCE E. SAYERS / 
HODGES, DAVIS, GRUENBERG, COMPTON & SAYERS 

5525 Broadway 
Gary, Indiana 46410 

  

  

RAYMOND J. KELLY 

SEYFARTH, SHAW, FAIRWEATHER & GERALDSON 

55 East Monroe Street 

Chicago, Illinois 60603 

 



Co 8p es, |» Sil M hi 
IN THE 

UNITED STATES DISTRICT COURT ; | =) | LL E D 

FOR THE NORTHERN DISTRICT OF INDIANA IN OPEN COURT 

  

HAMMOND DIVISION JUL 281978 

RICHARD E. TIMMONS, CLERK 
U.S. DISTRICT COURT BERNICE TERRY, ET AL., NORTHERN DISTRICT OF INDIANA 

Plaintiffs 

VS. Cause No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not For Profit 
Corporation, and JOSEPH CALIFANO, 
as United States Secretary of 
Health, Education and Welfare, 

N
s
 

N
t
?
 
N
a
 

N
a
?
 

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a 

a
l
 

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it
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at

 
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t?
 

“u
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“
u
a
t
e
?
 

Defendants 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., 

A Not-For-Profit Corporation 
and others similarly situated, 

Plaintiffs 

Vs. Cause No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not-For-Profit 
Corporation and DENIS E. RIBORDY, 
as President of the Board of 
Directors, 

JOSEPH CALIFANO, as United States 

Secretary of Health, Education 
and Welfare, 

WILLIAM T. PAYNTER, M.D., as 

State Health Commissioner for the 

Indiana State Board of Health, 

JAMES WHITE, as Director of the 
Division of Hospital and 
Institutional Services of the 
Indiana State Board of Health, 

DAVID J. EDWARDS, M.D., as 

Director of the Health Facilities, 
Services and Review Development 
Bureau of the Indiana State Board 
of Health, 

Defendants 

N
t
 

N
e
 

N
t
?
 

N
a
t
l
 
N
a
 

N
a
t
l
 

N
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a
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“
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ORDER 
  

This cause coming on to be heard on the Motion of Methodist 

Hospital of Gary, Inc., due notice having been given and 

 



  

» . f=  ! 

# Se 

the parties being represented by counsel, and the Court 

being fully advised in the premises; 

IT IS HEREBY ORDERED: 

1. That the trial date in this cause is continued 

indefinitely; 

2. That certain proposed settlement documents are 

hereby filed with the Court and sealed, not to be viewed, 

implemented or acted upon unless and until the Court is 

advised by all of the parties herein that certain contingencies 

referred to therein have occurred or have been fulfilled; 

3. That the parties, their attorneys, other associates 

or representatives thereof or any other person or entity 

privy to or obtaining the information are prohibited from 

distributing copies or the terms of the settlement documents 

referred to above whether in draft or final form including 

but not limited to any correspondence or memoranda concerning 

settlement proposals, negotiations and/or interim measures, 

or in any way publicizing or disclosing the provisions of 

the proposed settlement, except as provided in the press 

release attached hereto; 

4. In the event this Order is subsequently modified, 

reversed or otherwise varied, the sealed documents referred 

to above shall be withdrawn from the Court and this matter 

reset for trial. 

    Dated this 25 HK day of (ry i 1878. 

Sf ’ / 
y ) { fl / 

7 ¥ / 
i Pa I He ¢ — : . / we Zn gi — / A CCA 7 x 
  

JUDGE, UNITED STATES DISTRICT COURT 

 



  

PRESS RELEASE 
  

The terms of a settlement have been agreed to by the 

parties. The implementation of the settlement and the entry 

of a Consent Decree are contingent upon securing certain 

financing. When that financing is secured a public hearing 

will be held to approve the terms of the settlement and 

the entry of the Consent Decree. If the financing is not 

achieved, this matter will be reset for trial and settlement 

negotiations will be resumed. 

 





IN THE 

  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET AlL., 

Plaintiffs 

ys. Cause No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not For Profit 
Corporation, and JOSEPH CALIFANO, 
as United States Secretary of 
Health, Education and Welfare, 

Defendants 
N
a
a
 

N
a
 

a
t
”
 

a
t
”
 

N
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t
?
 

a
?
 

a
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a
?
 

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l
 

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?
 

u
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“
m
i
t
 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., 

A Not-For-Profit Corporation 
and others similarly situated, 

Plaintiffs 

VS. Cause No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not-For-Profit 
Corporation and DENIS E. RIBORDY, 
as President of the Board of 
Directors, 

JOSEPH CALIFANO, as United States 
Secretary of Health, Education 
and Welfare, 

WILLIAM T. PAYNTER, M.D., as 

State Health Commissioner for the 

Indiana State Board of Health, 

JAMES WHITE, as Director of the 
Division of Hospital and 
Institutional Services of the 
Indiana State Board of Health, 

DAVID J. EDWARDS, M.D., as 

Director of the Health Facilities, 
Services and Review Development 
Bureau of the Indiana State Board 
of Health, 

N
a
r
?
 

er
? 

er
? 

er
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e
 

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er
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Defendants 

SETTLEMENT AGREEMENT 
  

1. The attorneys for all parties in these cases have 

agreed upon a settlement thereof with the exception of plaintiffs’ 

 



  

allegations with respect to the "national causes of action" 

limited only to defendant, Joseph Califano, United States 

Secretary of Health, Education and Welfare which were severed 

by this Court's Order of January 13, 1978, and plaintiffs’ 

allegations of "statewide causes of action" limited to the 

State of Indiana defendants. Further, Counsel for plaintiffs 

reserve the right to apply to this Court for an Order for 

the entry of attorney's fees and costs against the defendants 

and Counsel for the defendants deny the right of Counsel 

for the plaintiffs to apply to this Court for attorney's 

fees and costs and specifically reserve any and all rights 

they have to dispute or deny such claims of the Counsel 

for plaintiffs, except that defendants shall not claim that 

counsel for plaintiffs have waived their alleged right to 

apply for attorney's fees and costs by entering into the 

Consent Decree. 

2. The attorneys for the parties have reduced the 

terms of the agreed upon settlement to a proposed Consent 

Decree, a copy of which proposed Decree with exhibits is 

attached hereto as Exhibit A. Said Consent Decree embodies 

all terms and conditions of the settlement and supercedes 

any previous verbal and/or written proposals, positions 

Or agreements. 

3. The attorneys for the parties have also agreed 

upon the form of a Joint Motion for Approval of Settlement 

and Consent Decree and Hearing on Objections to be submitted 

to the Court, a copy of which motion is attached hereto 

as Exhibit B. 

4. The attorneys for the parties have also agreed 

upon the form of a Notice of Proposed Settlement, Consent 

Decree and Hearing to be given all members of the class 

certified by this Court in its Order of December 7, Jo77, 

a copy of which is attached hereto as Exhibit C. Said Notice Y 

—_2 

 



  

is to be given by publication in the following fashion: 

(To be agreed upon, i.e. Gary Post-Tribune, dates of 
publication). 

5. The hospital intends to submit a proposed Order 

to the Court, a copy of which has been attached hereto as 

Exhibit D, for entry upon the execution of this Settlement 

Agreement and its attached Exhibits A and B. It is understood 

and agreed that in the event such Order is not entered or 

is modified or varied in any fashion in the future without 

the express agreement of the hospital, that the hospital 

will be released from its obligations as set forth in this 

Settlement Agreement and, further, that the documents submitted 

to the Court under seal as requested by the hospital shall 

be withdrawn and the Settlement Agreement shall be null 

and void, and all the parties will resume negotiations on 

settlement and this matter will be reset for trial. 

6. The attorneys for the parties further agree that 

this Settlement Agreement and the documents to effectuate 

the provisions thereof, Exhibits A, B and C, are contingent 

upon the hospital securing certain financing and to that 

end it is understood and agreed that the Consent Decree, 

Joint Motion and Notice, Exhibits A, B and C above, will 

be opened, implemented and acted upon by the Court only 

in the event that the hospital has secured financing at 

an interest rate of no more than one and one-half points 

over the prime rate listed at the Continental Illinois 

National Bank for a period of not less than twenty-five 

(25) years to carry out the building projects described 

in paragraphs B-1 and B-2 of the Consent Decree, Exhibit 

A. It is understood that the hospital will secure such 

financing or determine that such financing is not available 

as soon as practicable but not later than June 30, 197%. 

 



  

In the event Methodist Hospital is unable to secure financing 

according to the terms outlined above, all the parties will 

resume negotiations on settlement and this matter will be 

reset for trial. 

Respectfully submitted, 

ATTORNEYS FOR PLAINTIFFS 

JACK GREENBERG 

BETH J. LIEF 

N.A.A.C.P. Legal Defense Fund 

BY: oo bhead Lo Sed 
BETH J. LIEF U 
N.A.A.C.P. Legal Defense Fund 
10 Columbus Circle, Suite 2030 
New York, New York 10019 

po Br —p Po ’ 

  

— 

~Ne oT s C Soi Sw 
JULIAN TE ALLEN i 
2009 Broadway 
Gary, Indiana 

  

ATTORNEYS FOR METHODIST HOSPITAL OF GARY, INC. 
and DENIS E. RIBORDY, AS PRESIDENT OF THE 
BOARD OF DIRECTORS / 

/ : / <5 / i 

AL 
A L ALA A ~ ~ / Lt 2A 

BRUCE E. SAYERS 
     

    

     

  

   

  

HODGES,” DAVIS, GRUENBERG,/ COMPTON & SAYERS 
5525 Broadway 

Indiana 46410 

   
  

RAYMQND J. KELLY 3 
EYFARTH, SHAW, IRWEATHER & GERALDSON 

55 East Monroe Street 

Chicago, Illinois 60603 

ATTORNEYS FOR JOSEPH CALIFANO, UNITED 

STATES Chis OF HEALTH, EDUCATION AND WELFARE 

REBECCA L. Chbecsn 2. ( Joss Eo 
Department of Justice 

  

INn+1 = nD TTR Ti Ir Ts, Sey TA ati - ~ 10th and Pennsylvania Avenue, N.W. 
Washington, D.C. 20201 

 



. ® 

  

» 

thei To pfal 
ALBERT HAMLIN 

Assistant General Counsel 
Civil Rights Division 
Office of General Counsel 
Department of Health, Education and Welfare 
330 Independence Avenue, S. W. 
Washington, D. C. 20201 

  

ATTORNEYS FOR WILLIAM T. PAYNTER, M.D., 
AS STATE HEALTH COMMISSIONER FOR THE 
INDIANA STATE BOARD OF HEALTH, JAMES 
WHITE, AS DIRECTOR OF THE DIVISION OF 
HOSPITAL AND INSTITUTIONAL SERVICES 
OF THE INDIANA STATE BOARD OF HEALTH 
and DAVID J. EDWARDS, M.D., AS DIRECTOR 
OF THE HEALTH FACILITIES, SERVICES AND 

REVIEW DEVELOPMENT BUREAU OF THE INDIANA 
STATE BOARD OF HEALTH 

THEODORE L. SENDAK 

ATTORNEY GENERAL OF THE STATE OF INDIANA 

BY: : /3 
  

ERIC B. SERVAAS 

Deputy Attorney General 
219 State House 
Indianapolis, Indiana 46204 

 





OD 4 

IN THE 

  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET AL., 

Plaintiffs 

VS. Cause No. H 76-373 

METHODIST HOSPITAL OF CARY, INC., 
An Indiana Not For Profit 
Corporation, and JOSEPH CALIFANO, 
as United States Secretary of 
Health, Education and Welfare, 

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Defendants 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., 

A Not-For-Profit Corporation 
and others similarly situated, 

Plaintiffs 

VS. Cause No. H 77-154 

METHODIST HOSPITAL OF GARY,  INC., 
An Indiana Not-For-Profit 
Corporation and DENIS E. RIBORDY, 
as President of the Board of 
Directors, 

) 
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JOSEPH CALIFANO, as United States ) 
Secretary of Health, Education ) 
and Welfare, ) 

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WILLIAM T. PAYNTER, M.D., as ) 

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State Health Commissioner for the 
Indiana State Board of Health, 

JAMES WHITE, as Director of the 
Division of Hospital and 
Institutional Services of the 
Indiana State Board of Health, 

DAVID J. EDWARDS, M.D., as 

Director of the Health Facilities, 
Services and Review Development 
Bureau of the Indiana State Board 
of Health, 

Defendants 

NOTICE OF PROPOSED SETTLEMENT 

CONSENT DECREE AND HEARING 
  

  

TO: ALL BLACK RESIDENTS OF GARY, INDIANA 

 



  

PLEASE READ THIS NOTICE CAREFULLY 
  

A proposed settlement has been reached in the above- 
captioned actions with respect to Methodist Hospital of 
Gary, Inc. and incorporated in a proposed Consent Decree 
which has been submitted to this Court for its consideration 
and approval. The proposed Consent Decree has been approved 
by all of the attorneys of record for the plaintiffs and 
defendants named herein. 

The purpose of this Notice is to announce the proposed 
entry of the Consent Decree to all Black residents of Gary, 
Indiana as members of the affected class defined in the 
Decree and to other persons who may be affected by entry 
of the Decree. This Notice is not intended to vary any 
of the terms of the proposed Consent Decree. A copy of 
the proposed Consent Decree is on file with this Court and 
is available for examination in the office of the Clerk 
of the Court on the lst Floor of the Federal Office Buiding, 
507 State Street, Hammond, Indiana 46320, and in the Clerk's 
Office of City Hall, 401 Broadway, Gary, Indiana. 

Civil Action No. H 76-373 was commenced in December 
of 1976, by Bernice Terry, Rosa Keeton, Barbara Leek Wesson 
and Eddie Gray against Methodist Hospital of Gary, Inc. 
and David Mathews as Secretary of the Department of Health, 
Education and Welfare as a class action. Civil Action No. 
H 77-154 was commenced in May of 1977, by Richard Gordon 
Hatcher, Metro Corps of Gary, Inc. and Willie Lee Page against 
Methodist Hospital of Gary, Inc., Denis E. Ribordy, as President 
of the Board of Directors of Methodist Hospital of Gary, 
Inc. (hereinafter collectively referred to as the Hospital), 
Joseph Califano, as Secretary of the Department of Health, 
Education and Welfare (hereinafter referred to as HEW), 
William T. Paynter, M.D., as Indiana State Health Commissioner, 
James White, as Director of the Division of Hospital and 
Institutional Services of the Indiana State Board of Health, 
and David J. Edwards, M.D., as Director of the Health Facilities, 
Services and Review Development Bureau of the Indiana State 
Board of Health (hereinafter collectively referred to as 
the "State of Indiana") as a class action. 

These actions subsequently were consolidated by the 
Court, and are class actions alleging racial discrimination 
in the provision of health care and health facilities at 
Gary Methodist Hospital and Broadway Methodist Hospital 
by the defendants in violation of Title VI of the Civil 
Rights Act of 1964, as amended, the Fifth and Fourteenth 
Amendments to the United States Constitution and various 
other civil rights statutes, regulations, rules and assurances. 

BY Order dated December 7, 1977, this Court determined 
that the cases be maintained as a class action on behalf 
of a class of all Black residents of the City of Gary, Indiana. 
The affected class is so defined in the proposed Consent 
Decree. 

 



The plaintiffs and defendants, by their attorneys, 
have made a thorough and detailed investigation of the facts 

and circumstances involved in these actions and have conducted 
extensive discovery by various means, including oral examinations 
by deposition, written interrogatories, and examination 
of voluminous documents and records concerning the parties 
and issues involved in these actions. After taking into 
account the likelihood that this litigation, if not settled 
now, will be protracted and extensive, involving many questions 
of law and fact and potential time-consuming and expensive 
appeals, counsel for all parties concluded that it would 
be in the best interests of the plaintiffs, the affected 
class and each member thereof, and the defendants to settle 
these actions on the terms of the proposed settlement which 
are incorporated in the proposed Consent Decree. 

  

Neither Methodist Hospital nor HEW nor State of Indiana 
have admitted, nor has this Court determined, that there 
has been any violation by any of the defendants of any of 
the above-named statutes or any other law, rule, assurance 
or regulation, or that any of the defendants admit liability 
for any alleged injuries suffered by any plaintiff. 

PLEASE TAKE NOTICE THAT pursuant to an Order of the 
United States District Court for the Northern District of 
Indiana dated 7.19 a ‘hearing will 
be held in the above-captioned cases in the Court of the 
Hon. Phil McNagny, Jr., United States District Court for 
the Northern District of Indiana, Hammond Division, Federal 
Building, 507 State Street, Hammond, Indiana, at 

HM. On ’ ’ 
19 , (hereinafter referred to as "Hearing"), to determine 
(1) the fairness, reasonableness and adequacy of the proposed 
Consent Decree; (2) whether the affected class as defined 
in—the proposed Consent Decree is properly defined and determined; 
(3) the effects of the settlement and proposed Consent Decree 
upon persons who are not members of the affected class; 
and (4) whether the proposed Consent Decree should be approved 
finally by the Court. The Hearing may be adjourned from 
time to time by the Court at the Hearing or at any adjourned 
session thereof without further notice. 

  

  

  

  

This Notice is given to you in the belief that you 
are, were, or may be a member of the affected class, or 
that your rights may be affected by these actions or the 
proceedings described in this Notice. 

This Notice is not an expression of any opinion by 
this Court as to the merits of or the defenses in these 
actions, but is solely to inform you of the pendency of 
these actions and of the proposed settlement and proposed 

Consent Decree so that you may decide what steps you wish 
to take in relation to these lawsuits and the proposed Consent 
Decree. 

-3- 

 



  

The Consent Decree entered shall include and bind all 
members of the affected class, whether or not they join 
or intervene in these actions. 

If you are satisfied with the proposed Consent Decree 
or if you have no objection to it, you need not appear at 
the Hearing referred to in this Notice. 

  

  

  

Any person who is dissatisfied with the proposed settlement 
or proposed Consent Decree may appear at the Hearing in 
person or with counsel and show cause, if there be any, 
why the proposed affected class should not be defined as 
above described, or why the proposed settlement and the 
proposed Consent Decree should not be approved. Such objections 
also may be made in writing by mailing or delivering a written 
statement of the objections to the Clerk of the United States 
District Court for the Northern District of Indiana, lst 
Floor, Federal Office Building, 507 State Street, Hammond, 
Indiana 46320, by 5:00 p.m., On ’ 

ry 19 + If such written objections are made, 
the! persons making such objections should appear at the 
Hearing. Any class member and any person who is or may 
be affected by the proposed settlement, the proposed Consent 
Decree and the prior orders of this Court, who do not make 
objections in the manner provided herein shall be deemed 
to have waived such objections and shall be foreclosed forever 
from making any such objections, by appeal or otherwise, 
to the proposed settlement, the proposed Consent Decree 
and the prior orders of this Court. 

  

  

This Court's approval of the proposed Consent Decree 
shall be final, and upon the entry of the Consent Decree 
and expiration of the time limit for appeal therefrom, all 
defendants shall be released, without further act by any 
person, agency or entity from any and all liability, claims, 
and causes of action, joint or several, arising (1) from 
alleged acts and practices of discrimination by the defendant 
Methodist Hospital which properly are within the scope of 
the complaints herein, and to which the Consent Decree is 
directed to the date of the entry of the Decree, and (2) 
from alleged past), present or future effects of any such 
acts and practices, and (3) from the present or future effects 
of any acts and practices required or authorized by or defined 
in the proposed Consent Decree. This release does not affect 
future actions or inactions by Methodist Hospital of Gary, 
Inc., the United States Department of Health, Education 
and Welfare, or the Indiana State Board of Health, except 
for acts in satisfaction or performance of the Consent Decree. 

The issuance of this Notice shall not affect any issue 
in these actions, until and unless the Court approves the 
proposed Consent Decree, and then only in accordance with 
the Consent Decree. In the event this Court approves the 
proposed Consent Decree, the Decree will be entered immediately. 

For a more detailed statement of the matters involved 
in these actions and the proposed Consent Decree, you are 

 



  

referred to the pleadings, the proposed Consent Decree, 
and to the other papers on file in these actions, all of 
which may be inspected at the office of the Clerk of the 
United States District Court for the Northern District of 
Indiana, lst Floor, 507 State Street, Hammond, Indiana, 
during the business hours of the Court. 

THE PROPOSED SETTLEMENT 
  

The following is a summary of the main provisions of 
the proposed Consent Decree: 

1. The following building programs will be undertaken 
at Gary Methodist Hospital: Medical Services Building (on 
the west side of the hospital) to contain a new Surgical 
Suite, Intensive and Coronary Care Unit, Central Supply, 
and Emergency Room. This building will be constructed so 
as not to preclude horizontal expansion. A twenty-four 
(24) hour pharmacy will be available. 

Remodeling, including an area to house a Family Practice 
Residency Program (said area to be approved by the American 
Academy of Family Practice), provision of an adequate power 
plant, refurbishing Labor and Obstetrical Department: remodeling 
the Nuclear Medicine Department; remodeling to provide an 
Auditorium; provide secure parking areas; remodeling areas 
for ambulatory care clinics; establishment of an Intermediate 
Cardiac Care Unit, Stress Testing and Cardiac Rehabilitation 
Laboratory, and steps to bring the hospital into compliance 
with the Life Safety Code of 1973. In addition, a laundry 
facility for both the Gary and Broadway sites of Methodist 
Hospital will be constructed in or near the hospital. A 
site will be provided by the City of Gary, if necessary. 

This building program is to be financed by a federally 
guaranteed loan and interest subsidy, and by other private 
financing. 

2. The following building programs will be undertaken 
at Broadway Methodist Hospital: A Health Services Building, 
and a 105 bed addition. This building program will be financed 
by private financing. 

3. The building programs will be commenced on a substantially 
identical chronological basis. Progress of the programs 
will be jointly monitored by the parties. 

4. The occupancy rate at the Gary facility will be 
maintained at an efficient level including urging patients 
applying at the Broadway facility to go to the Gary facility 
rather than be placed on a waiting list. Efforts will be 
made to Further integrate the staffs and patient census 
at both facilities. Furthermore, the Hospital shall provide 
adequate and comparable doctors' coverage in the Emergency 
Room including the availability of staff specialists for 
consultation at both sites. Additionally the Hospital will 

wo 2 oy Wh, SE 3% 11 n wv ye § £3 om. ry rn wry vy dpm 3 3. ensure that all nursing shifts are adequately covered at 

-5—- 

 



both facilities. Comparable medical education of staff 
and patients will be provided at both facilities. 

  

5. Ambulatory care services will be expanded at the 
Gary facility with the development of an outreach program 
to foster utilization of the ambulatory care services as 
well as the Family Practice Residency program. Methodist 
Hospital will continue to serve patients who appear at the 
Emergency Room of Gary Methodist Hospital. Any new services 
provided by the Hospital will be placed at the Gary facility 
unless such placement would be inconsistent with good hospital 
management principles. Furthermore, prior to placing any 
new clinics at the Broadway facility, it must be demonstrated 
to HEW's Office for Civil Rights of Region V that there 
is a need for such a clinic at the Broadway facility and 
that there are adequate hours and staffing at the clinics 
at the Gary facility. 

6. Future purchases of equipment shall be made on 
an equitable basis between facilities and any purchase of 
equipment costing over $100,000.00 shall be approved for 
civil rights purposes by HEW's Office for Civil Rights of 
Region V. 

7. Daily transportation services at no charge will 
be developed by a consultant between the Gary facility and 
the Broadway facility for ambulatory patients and hospital 
staff going to and from work. In addition, the parties 
agree to work to obtain public transportation between the 
facilities. 

8. The Board of Directors of Methodist Hospital will 
be restructured to ensure representation on the Board and 
on all committees of the Board of members of minority groups 
in Gary and the handicapped and minority groups in the patient 
population at both facilities by 1981. At least one-third 
of the members of the Board of Directors shall be members 
of minority groups. 

9. Methodist Hospital will make reasonable efforts 
to obtain residencies at Gary Methodist in Internal Medicine, 
and Obstetrics and Gynecology. 

10. The orthovoltage x-ray machine at Gary Methodist 
will be operated at least two (2) afternoons per week and 
such service will continue unless it is unfeasible. 

ll. The Hospital will report in a coded system on a 
semi-annual basis to HEW concerning coded patient days at 
each Facility by race, diagnosis, zip code, and race and 
coded number of physician; concerning staff, overtime, equipment 
purchases over $10,000.00 and new services; efforts at recruitment 
of staff and utilization of the transportation system will 
be provided to HEW. This information is to be used solely 
to assist in monitoring the Consent Decree. 

 



12. The Hospital will develop a Long Range Plan for 
both Hospitals by December, 1978, to be approved for civil 
rights purposes by HEW and attorneys for the plaintiffs. 
The long range plan will include but not be limited to: 
improving and modernizing the Laboratory, Radiology, and 
Pediatrics Departments at Gary Methodist, ventilation of 
the Obstetrics Department at Gary Methodist and central 
air conditioning in portions of Gary Methodist. HEW is 
not precluded from requiring additional commitments and 
resources from Methodist Hospital that it requires of all 
other Hospitals in Lake County nor from requiring any joint 
planning it requires of any other Hospitals in Lake County, 
Indiana. 

  

13. The Civil Rights Assurances signed by Methodist 
Hospital on July 27, 1973, are incorporated into the settle- 

ment agreement. 

14. The State of Indiana will take steps to facilitate 
the financing of the Gary facility construction; will not 
oppose any of the building programs; and, will decline to 
review the building projects except for the 105 bed addition, 
under §1122 of the Social Security Act. 

15. HEW will revise Assurance Number 3 of certain Civil 
Rights Assurances signed by the Hospital and HEW on July 
27, 1973, expeditiously complete its county wide hospital 
civil rights Review; take steps to facilitate the financing 
of the Gary facility building project; and, agree that the 
building programs outlined herein do not constitute a violation 
of Title VI of the Civil Rights Act ov the July 27, 1973 
Civil Rights Assurances. HEW further agreed not to take 
or support any other action, administrative or otherwise, 
based upon alleged civil rights violations which have been 
alleged or are within the scope of the Complaints filed 
in the suits. : 

16. The plaintiffs will not oppose any of the building 
programs. Mayor Richard Gordon Hatcher will make good faith 
efforts to supply additional lighting and security forces 
at the Gary facility; participate in efforts to secure public 
transportation between the Gary and Merrillville facilities; 
make available the City's powers of eminent domain to facilitate 
the building programs; and, provide the Hospital with a 
2 to 3 acre site on which to construct the laundry, 1f necessary. 

If you have any questions concerning this Notice, any 
of the matters discussed in this Notice, or the proposed 
settlement or proposed Consent Decree, you may contact: 

ATTORNEYS FOR PLAINTIFFS 

Beth J. Lief 
N.A.A.C.P. Legal Defense Fund 
10 Columbus Circle, Suite 2030 
New York, New York 10019 
Telephone number 212/586-8397 

and 
Julian Allen 
2009 Broadway 
Gary, Indiana 46402 
Telephone number 219/886-3666 

Attorneys for plaintiffs and 
the class of all Black residents 
of Gary, Indiana. If any 
Black residents of Gary have 

ol 

 



; » | 

any questions concerning this 
Notice, he or she should contact 
the attorneys for plaintiffs 
(persons may contact Beth 
Jd, Lief by calling collect). 

  

Any other individuals having 
inquiries concerning this 
notice may contact attorneys 
for the plaintiffs or the 
attorneys of record listed 
below. 

ATTORNEYS FOR METHODIST HOSPITAL OF GARY, INC. 
AND DENIS E. RIBORDY, AS PRESIDENT OF THE BOARD OF DIRECTORS 

Bruce E. Sayers and Edward J. Hussey 
Hodges, Davis, Gruenberg, Compton & Sayers 
5525 Broadway 
Gary, Indiana 46410 
Telephone number 219/981-2557 

Raymond J. Kelly 
Seyfarth, Shaw, Fairweather & Geraldson 

55 East Monroe Street 
Chicago, Illinois 60603 
Telephone number 312/346-8000 

Attorneys for defendants, Methodist 
Hospital of Gary, Inc. and Denis 
E. Ribordy, as President of the 
Board of Directors 

ATTORNEYS FOR H.E.W. 

Rebecca L. Ross 
Department of Justice 
10th and Pennsylvania Avenue, N. W. 
Washington, D.C. 20201 
Telephone number 202/739-2230 

Albert Hamlin 
Assistant General Counsel 
Civil Rights Division 
Office of General Counsel 
Department of Health, Education and Welfare 
330 Independence Avenue, S. W. 
Washington, D. C. 
Telephone number 202/245-7737 

Jeffrey Champagne 
Attorney, Office of General Counsel 
Civil Rights Division 

Department of Health, Education and Welfare 
330 Independence Avenue, S. W. 
Washington, D. C. 20201 

Telephone number 202/245-7737 
Attorneys for Joseph Califano, 
United States Secretary of Health, 
Education and Welfare 

 



ATTORNEYS FOR THE STATE OF INDIANA 

  

Theodore L. Sendak 

Attorney General of the State of Indiana 

Eric B. Servaas 
Deputy Attorney General 

219 State House 
Indianapolis, Indiana 46204 
Telephone number 317/633-5512 

Attorneys for the State of Indiana 

Dated this day of   
  

  

JUDGE, UNITED STATES DISTRICT COURT 

 



   



1 # 

IN THE 

  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET Ale, 

Plaintiffs 

VS. Cause No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not For Profit 
Corporation, and JOSEPH CALIFANO, 
as United States Secretary of 
Health, Education and Welfare, 

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Defendants 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., 

A Not-For-Profit Corporation 
and others similarly situated, 

Plaintiffs 

VS. Cause No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

An Indiana Not-For-Profit 
Corporation and DENIS E. RIBORDY, 

as President of the Board of 
Directors, 

JOSEPH CALIFANO, as United States 
Secretary of Health, Education 
and Welfare, 

WILLIAM T. PAYNTER, M.D., as 

State Health Commissioner for the 
Indiana State Board of Health, 

JAMES WHITE, as Director of the 
Division of Hospital and 
Institutional Services of the 
Indiana State Board of Health, 

DAVID J. EDWARDS, M.D., as 

Director of the Health Facilities, 
Services and Review Development 
Bureau of the Indiana State Board 
of Health, 

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Defendants 

JOINT MOTION FOR APPROVAL OF SETTLEMENT AND 
CONSENT DECREE, AND FOR SETTING OF HEARING ON OBJECTIONS 
  

Counsel for plaintiffs and defendants in the above- 

captioned cases represent to the Court as follows: 

 



: § # 

l. Counsel for all of the parties in the above-captioned 

  

cases have agreed upon a settlement thereof with the exception 

of plaintiffs' allegations with respect to the "national 

causes of action" limited only to defendant, Joseph Califano, 

United States Secretary of Health, Education and Welfare, 

which were severed by this Court's Order of January 13,. 

1978, and plaintiffs' allegations of "statewide causes of 

action" limited to the State of Indiana defendants. A proposed 

Consent Decree incorporating that settlement and its exhibits 

is attached hereto as Exhibit A. Further, Counsel for plaintiffs 

reserve the right to apply to this Court for an Order for 

the entry of attorney's fees and costs against the defendants 

and Counsel for the defendants deny the right of Counsel 

for the plaintiffs to apply to this Court for attorney's 

fees and costs and specifically reserve any and all rights 

they have to dispute or deny such claims of the Counsel 

for the plaintiffs, except that defendants shall not claim 

that counsel for plaintiffs have waived their alleged right 

to apply for attorney's fees and costs by entering into 

this Consent Decree. 

2. Counsel for all of the parties also have agreed 

upon the form of a "Notice of Proposed Settlement, Consent 

Decree and Hearing" to be given to all Black residents of 

Gary, Indiana, a copy of which is attached hereto as Exhibit 

B. | 

WHEREFORE, counsel for all plaintiffs and defendants 

move the Court as follows: 

l. To approve the Notice of Proposed Settlement, Consent 

Decree and Hearing, and order that said Notice be published ... 

(To be agreed upon, i.e. Gary Post-Tribune, dates of publication). 

2. To set a date certain by which any written objections 

to the proposed Consent Decree must be filed with the Clerk 

 



  

» » 
of the United States District Court for the Northern District 

of Indiana, Hammond Division, and to set a subsequent date 

certain for a hearing on any objections which may be filed 

to the proposed Consent Decree and on the pavisabliitty of 

the settlement of these cases in accordance with the terms 

of the proposed Consent Decree. 

3. To approve the proposed Consent Decree in the form 

presented to this Court, subject to the consideration of 

any objections which may be made thereto, and to enter said 

Consent Decree and Judgment thereon thereby finally disposing 

of all but plaintiffs' "national" and "statewide causes of 

action" and attorney's fees issues referred to in paragraph 

1 above. 

4. To make such other directions and orders with respect 

to these cases and the proposed Consent Decree as the Court 

may deem just and proper. 

Respectfully submitted, 

1 ZC FOR DY A TANIMMITIDOO ATTORNEYS FOR PLAINTIFFS 

JACK GREENBERG 
BETH J. LIEF 

N.A.A.C.P. Legal Defense Fund 
/ [| 

PA Ni] J 
BY: ) { {y 1 5 2 A / 

  1 

BETH J. LIEF 
N.A.A.C.p, Legal Defense Fund 
10 Columbus Circle, Suite 2030 

_New York, 3 710019 

Nell IE 

RE 

  

—— 
  

JULIAN B. ALLEN 

2009 Broadway 
Gary, Indiana 

 



  

ATTORNEYS FOR METHODIST HOSPITAL OF GARY, INC. 
and DENIS E. RIBORDY, AS PRESIDENT OF THE 
Ty OF DIRECTORS 

  

v- cil 

— 7 AA. all. 

EDWARD (5 
HODGES, it terry COMPTON 

5525 Broadway 
Gary,, Indigna 46410 

  

  

  

   SAYERS 

  

     LJ 

RAYMOND J. KELLY 
BYFARTH, SHAW "AIRWEATHER & GERALDSON 

55 East Monroe Street 

Chicago, Illinois 60603 

   
  

  

ATTORNEYS FOR JOSEPH CALIFANO, UNITED 
STATES SECRETARY OF HEALTH, EDUCATION AND WELFARE 

3 (Koss 
REBECCA L. ROSS 
Department of Justice 
10th and Pennsylvania Avenue, N.W. 
Washington, D. C. 20201 

(lad Ce is Cl 
ALBERT HAMLIN 

Assistant General Counsel 
Civil Rights Division 
Office of General Counsel 

Department of Health, Education and Welfare 
330 Independence Avenue, S. W. 
Washington, D. C. 20201 

  

  

ATTORNEYS FOR WILLIAM T. PAYNTER, M.D., 
AS STATE HEALTH COMMISSIONER FOR THE 
INDIANA STATE BOARD OF HEALTH, JAMES 
WHITE, AS DIRECTOR OF THE DIVISION OF 
HOSPITAL AND INSTITUTIONAL SERVICES 
OF THE INDIANA STATE BOARD OF HEALTH 

and DAVID J. EDWARDS, M.D., AS DIRECTOR 
OF THE HEALTH FACILITIES, SERVICES AND 
REVIEW DEVELOPMENT BUREAU OF THE INDIANA 
STATE BOARD OF HEALTH 

THEODORE L. SENDAK 

WE OF THE STATE OF INDIANA 

ity BY: 
  

ERIC B. SERVAAS 
Deputy Attorney General 
219 State House 

Indianapolis, Indiana 46204 

 



   



  

UNITED-STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET AL., 

Plaintiffs, 

Vv. Civil No. H 76-373 

METHODIST HOSPITAL OF 

GARY, INC., ET AlL., 

Defendants. 

RICHARD GORDON HATCHER, 

ET AL., 

Plaintiffs, 

Vv. Civil No. H 77-154 

METHODIST HOSPITAL OF 
GARY, INC.,- ET BY.., 

Defendants. 

  

RESPONSE TO MOTION TO 
- PROHIBIT DISCLOSURE OF DOCUMENTS 
  

Defendant, Methodist Hospital of Gary, Inc., has moved 

for an order prohibiting disclosure of the settlement docu- 

ments until certain contingencies are met. If this motion 

is granted, the terms of the settlement will remain secret 

for almost a year while the hospital obtains financing. The 

Secretary of the Department of Health, Education, and Welfare 

does not believe that such an order would be in the public 

interest. 

The Secretary has a policy of encouraging access by the 

public to his final decisions. He does not believe that 

interested parties should be prevented from learning of and 

commenting on his decisions, even for a period of less than 

  

 



  

* 

a year, He feels that Congress has set forth a policy of 

openness in government as evidenced by the Freedom of Infor- 

mation Act, 5'0.8.C, $552, hich lehonta be upheld. 4n order 

such as She one now sought by Methodist Hospital would run 

contrary to the policies behind the Freedom of Information Act. 

The purpose behind sealing the settlement papers in the 

instant chad is not for national security reasons or to pro- 

tect the privacy of individuals. It is designed to prevent 

a  omdeonine of the hospital's litigation position. The Secre~ 

tary. strongly believes that when the hospital's interest in 

Baving ities docinents sealed is weighed against the public's 

right to understand its government's decisions, the balance of 

equities weighs heavily in favor of the public. Consequently 

an order och na that proposed by the hospital would not be in 

the public interest 

Conclusion 
  

For these reasons, the government opposes the hive of 

the order sought by plaintiff. 

Respectfully submitted, 

j 5: fi 7 

Rarbina, Allen = 
BARBARA ALLEN BABCOCK 
Assistant Attorney General 

  

  

FRED W. GRADY 

    

  

OF COUNSEL: Assistant United States Attorney 

Albert T. Hamlin 2 : 2 

Jeffrey Champagne ) EN . i :     

    
MALLEY 

  

oP 5 Lo 
Edward Koven BARBARA B. O° 
Department of Health, 

Education, and Wel fare QR.0 

REBECCA L. ROSS 
  

Attorneys for Defendant Califano 
Attorneys, Department of Justice 
Washington, D, C. 20530 
Telephone: (202)739-2230 

  
  
 



  

  

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Response 

to Motion .to Prohibit Disclosure of Documents was served 

this 11th day of July by mailing a copy thereof, express 

mail, postage prepaid to: 

Beth Lief, Esq. 
NAACP Legal Defense Fund | 
10 Columbus Circle 
Suite 2030 
New York, New York 10019 

Julian B. Allen, Esq. 
2009 Broadway 
Gary, Indiana 46402 

Bruce Sayers, Esq. 
Hodges, Davis, Gruenberg, Compton 

& Sayers 
5525 Broadway 
Gary, Indiana 46140 

Raymond Kelley : 
Seyfarth, Shaw, Fanweather & Geraldson 
55 East Monroe Street 
Chicago, Illinois 60603 

Eric B. Seyvaas 
Deputy Attorney General 

State House 

Indianapolis, Indiana 46204 

Grea J Qoss 
  

REBECCA L. ROSS   

  
 



     



 



. ¢ 

IN THE 

  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET AL., 

Plaintiffs 

VS. Cause No. H 76-373 

METHODIST HOSPITAL OF GARY, INC. 

An Indiana Not For Profit 

Corporation, and JOSEPH CALIFANO 
as United States Secretary of 

Health, Education and Welfare, 

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Defendants 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO COPRS OF GARY, INC., 

A Not-For-Profit Corporation 

and others similarly situated, 

Plaintiffs 

VS. Cause No. H 77-154 

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METHODIST HOSPITAL OF GARY, INC.) 

An Indiana Not-For-Profit ) 

Corporation and DENIS E. RIBORDY) 
as President of the Board of ) 

Directors, ) 
) 

JOSEPH CALIFANO, as United States 
Secretary of Health, Education ) 

and Welfare, ) 

) 
WILLIAM T. PAYNTER, M.D., as ) 
State Health Commissioner for the: 

Indiana State Board of Health, ) 

) 
JAMES WHITE, as Director of the ) 

Division of Hospital and ) 

Institutional Services of the ) 

Indiana State Board of Health, ) 

) 
) DAVID J. EDWARDS, M.D,, as 

Director of the Health Facilities 
Services and Review Development ) 

Bureau of the Indiana State Bo@rd 

of Health, 

N
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S
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Defendants 

CONSENT DECREE 
  

BETWEEN PLAINTIFFS AND DEFENDANTS 

WILLIAM T. PAYNTER, JAMES WHITE, AND DAVID EDWARDS 

 



  

HISTORY OF THE LITIGATION 
  

On approximately May 6, 1977, Richard Gordon Hatcher, 

Willie Lee Page and Metro Corps of Gary, Inc. on behalf of them- 

selves and others similarly situated filed a complaint, against 

Methodist Hospital of Gary, Inc., and Denis E. Ribordy, as 

President of the Board of Directors of Methodist Hospital of 

Gary, Inc., (hereinafter collectively referred to as "Methodist 

Hospital”), Joseph Califano, as United States Secretary of Health, 

Education and Welfare, (hereinafter referred to as "HEW"), William 

T. Paynter, M.D., as State Health Commissioner for the Indiana 

State Board of Health, James White, as Director of the Division 

of Hospital and Institutional Services of the Indiana State 

Board of Health, David J. Edwards, M.D., as Director of the 

Health Facilities Services and Review Development Bureau of 

the Indiana State Board of Health, (hereinafter collectively 

referreéd to as the "State"), and Kipton Kaplan, Executive 

Director of the Northern Indiana Health Systems Agency, Inc. 

This cause was docketed as H 77-154 in the United States District 

Court for the Northern District of Indiana, Hammond Division. 

In this action plaintiffs, who are black residents 

of Gary, Indiana, and a non-profit corporation alleged the 

existence, perpetuation and expansion of racially segregated 

and discriminatory hospital facilities operated by Methodist 

Hospital of Gary, Inc., and the illegal approval and granting 

of federal financial assistance to Methodist Hospital for said 

facilities by defendant federal and state officials. Plaintiffs 

also charged the State of Indiana and HEW with a failure to 

ry VE 

 



include civil rights considerations in federally funded health 

  

planning review and approval programs. Plaintiffs sought 

declaratory and injunctive relief against defendants, alleging 

default of obligations under the following statutes and their 

implementing regulations: the Fifth and Fourteenth Amendments 

to the United States Constitution; the Civil Rights Act of 

1871, specifically 42 U.S.C. §1983; Title VI of the Civil Rights 

Act of 1964, 42 U.S.C. §2000d et seq.; Title VI of the Public 

Health Services Act, 42 U.S.C. §291; Title XVI of the Public 

Health Services Act, 42 U.S.C. §3000 et seqg.; §314 of the public 

Health Services Act, 42 U.S.C. §246; Title XV of the National 

Health Planning and Resources Development Act of 1974, Public 

Law 93-641, codified at 42 U.S.C. §300k et seg.; §1122 of the 

Social Security Act, as amended, 1972, 42 U.S.C. §1302a-1; and, 

§504 of the Rehabilitation Act, as amended, 1973, 29 U.S.C. 

§794. Jurisdiction was alleged under 28 U.S.C. §1331, 1343 

and 1361 and 28 U.S.C. §2201 and 2202. 

On the 6th day of July, 1977, the action in Hatcher, 
  

et al. v. Methodist Hospital of Gary, Inc., et al. was consoli- 
  

dated with the action in Terry, et al. v. Methodist Hospital of 
  

Gary, Inc., et al. (Cause No. H 76-373) by Order of Court and 
  

on the 7th day of December, 1977, the District Court by its 

order conditionally certified said actions as class actions on 

behalf of all of the Black residents of the City of Gary, Indiana, 

pursuant to Federal Rule of Civil Procedure 23 (b) (2). 

The Court's Order of December 7, 1977, additionally 

granted the Motion to Dismiss of defendant Kipton Kaplan. 

On the 13th day of January, 1978, the Court severed: 

the plaintiffs' allegations with respect to the "national cause 

of action" limited only to defendant HEW. The remaining provisions 

 



  

® ° 
of this Consent Decree accordingly do not involve nor apply 

to the aforesaid "national causes of action" in these matters. 

A Pre-Trial Conference was held on the 21st day of 

February, 1978, at which time the plaintiffs voluntarily dis- 

missed the allegations of their Complaint with respect to 

§504 of the Rehabilitations Act as amended in 1973, 29 U.S.C. 

§794. A Pre-Trial Order has been prepared and forwarded to 

the Court by the attorneys for the parties which has not been 

formally signed by all the attorneys for the parties or 

entered by the Court. 

The parties to these actions and their respective 

counsel have met and discussed the settlement of those causes 

of action which relate to the operation maintenance and 

perpetration of the hospital facilities of defendant Methodist 

Hospital of Gary, Inc. (hereinafter referred to as the "local 

issues"). The plaintiffs, Methodist Hospital, HEW and the State 

of Indiana have agreed upon the terms of a settlement as to 

these local issues. Said settlement is contingent upon 

Methodist Hospital's securing financing for certain construction 

projects. The settlement agreement on the local issue was 

filed with the Court on July 13, 1978. Accordingly, the 

provisions of this Decree do not involve or apply to the 

provisions and/or issues raised in the settlement agreement 

on the local issues. 

ENTRY OF THE CONSENT DECREE 
  

The plaintiffs and the State have consented to the 

entry of this Consent Decree to resolve, without the additional 

time and expense of contested litigation, the issues raised in 

 



the consolidated complaints relating to the "statewide causes of 

  

action": the claims that the State of Indiana has failed to 

consider civil rights issues and Title VI of the Civil Right 

Act of 1964 in federally funded health planning review and 

approval functions administered by the Indiana State Board of 

Health. These issues only involve or relate to the plaintiffs 

and the State and accordingly only these two parties are signatories 

to this Consent Decree. 

It is the intent of the plaintiffs and the State to 

resolve by this Decree all allegations which are the basis for 

the aforesaid "Statewide causes of action". The parties and 

their respective counsel have met and discussed this: 

settlement and the terms and provisions of this Decree and 

each and all of them do &onsent to the entry of this Decree as 

a binding order as if entered into after a trial on the merits. 

The Court has examined carefully the terms and 

provisions of this Decree and finds that they are fair, reason- 

able and just, that the rights of the affected class and each 

member thereof are protected adequately by this Decree, that 

the Decree provides the relief requested in the complaints 

as to Statewide causes of action, that this Decree is in 

comformity with the Fifth and Fourteenth Amendments to the 

United States Constitution; the Civil Rights Act of 1871, 

specifically 42 U.S.C. §1983; Title VI of the Civil Rights 

Act of 1964, 42 U.S.C. §2000d et seg.;Title VI of the Public 

Health Services Act, 42 U.S.C. §291; Title XVI of the Public 

Health Services Act, 42 U.S.C. §3000 et seg.; §314 of the 

 



  

Public Health Services Act, 42 U.S.C. §246; Title XV of the 

National Health Planning and Resources Development Act of 

1974, Public Law 93-641, codified at 42 U.S.C. §300K et seq.: 

§1122 of the Social Security Act, as amended, 1972, 42 U.S.C. 

§1302a~-1; §504 of the Rehabilitation Act, as amended, 1973, 

29 U.S.C. §794; and, the Federal Rules of Civil Procedure, 

and that this Decree is not in deprivation of rights and 

privilege of any person in violation of said Rules, Amendments 

and statutes. 

It likewise appears to the Court that entry of this 

Decree will further the objectives of Title VI of the Civil 

Rights Act of 1964, and the aforesaid Rules, Amendments 

and statutes, that this Decree protects adequately the rights 

of the affected class and is in the interest of the plaintiffs, 

the class members, and the general public. 

NOw, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED 

as follows: 

 



  

I 

General Obligations 
  

The Indiana State Board of Health shall hereinafter be 

referred to as the "State". Such designation shall 

encompass, where appropriate, the functions of the State 

as the State Agency for purposes of §1122 of the Social 

Security Act, and the State Agency, and the State health 

planning and development agency, for purposes of Title 

XV and XVI of the National Health Resources and Development 

Act of 1974. 

The State recognizes the applicability of Title VI of the 

Civil Rights Act of 1964 to the continuing programs of 

federal financial assistance which it administers, including 

but not limited to Title VI of the Public Health Service 

Act; §1122 of the Social Security Act; and Titles XV and 

XVI of the National Health Resources and Development Act of 

1974. Pursuant to this recognition, and 28 C.F.R.§42.410, 

the State shall establish a Title VI compliance program 

for itself and hospital facility recipients which obtain 

federal financial assistance through it, provide for the 

assignment of Title VI responsibilities to designated 

state personnel, and comply with the standards and procedures 

set forth below. 

1G 

Health Plans and Data 
  

The State Health Plan and the State Medical Facilities 

Plan shall consider and include facts, findings and recommenda- 

tions relating to the health care needs of minorities. 
py 

 



B. The State shall compile or have compiled and maintain 

  

data necessary to determine the health care needs of 

minorities and other data, as needed, to determine whether 

recipients of federal funds which it administers are in 

compliance with Title VI of the Civil Rights Act of 1964. 

It is understood that the State shall have flexibility in 

determining what data is needed, but that, as a minimum, 

the State shall gather, or have gathered, the following 

information: 

(1) the minority population - broken down by "blacks" 

and "Hispanics" for 

(a) each HSA service area 

(b) each HSA sub-service area 

(c) each metropolitan area of greater than 100,000 

x person; 

(2) the number of black and Hispanic doctors for 

(a) each HSA service area 

(b) each HSA sub-service area 

(c) each metropolitan area of greater than 100,000 

persons; 

I11 

Procedure for Review of 

Applications Pursuant to §1122 of 

the Social Security Act 
  

A. The State shall require each hospital facility applicant who 

submits a proposal for review under §1122 of the Social 

Security Act to include the following data in each application: 

(1) The actual location of the applicant's facility 

and the racial composition of the city, or, where 

applicable, the SMSA of the facility's location. 

 



  

» » 
(2) The applicant's actual service area, broken down into 

inpatient, and outpatient and emergency room categories. Such 

data shall be determined by the residence or zip code of 

residence of all patients for the past six months, and shall 

be computed according to patient days for the inpatient category 

and number of visits for the out patient and emergency room 

category. (e.g., 30% inpatient days, Gary; 40% inpatient days, 

Merrillville-Hobart-Crown Point; 30% other) 

(3) The racial composition of the applicant's actual 

service area, determined by either the most recent national 

census, Or where available, more recent local census information; 

(4) The following information as to the actual patient 

population of the applicant for the past six months, broken 

Jown separately into inpatient (by the number of patient days), 

outpatient and emergency room categories: 

(a) race - white, black, Hispanic and other 

(b) in each racial category the method of payment: 

private insurance, medicare, medicaid, self-pay, free service 

and other charity; 

(5) The number of doctors, registered nurses and 

licensed practical nurses on staff by race; 

(6) In the case of applicants which have more than one 

facility at different sites such applicants shall, in addition, 

supply (a) the information listed III A (1)- (5), above, 

separately for each facility; and (b) a separate list of 

capital expenditures over $150,000 at each facility for the 

past three years: 

The state shall not deem any application complete for purposes 

of review under §1122 of the Social Security Act until all the 

information listed in III A above is submitted. However, if 

oe See 

 



  

an applicant has submitted the information listed in III A 

within the past year of the date of the applicant's current 

application, the requirement to resubmit the data listed in 

III A may be waived if the applicant certifies that the 

patient characteristics have not substantially changed within 

the past year. Furthermore, if the applicant informs the 

State that it is experiencing difficulty in supplying the 

necessary data, the State shall to the best of its ability 

render technical assistance or request the HSA in whose 

area the applicant is located, to render technical assistance 

to the applicant. 

The State shall analyze the data submitted by each applicant 

and shall immediately forward the data to the Office for 

Civil Rights, Region V United States Department of Health, 

Education and Welfare in the followings instances: 

(1) Where there is a 10% or greater discrepancy 

between the racial composition of the area in which the 

applicant is located and the racial composition of the 

actual service area of the applicant; or where the racial 

composition of either the actual location or actual service 

area is 10% or less black and Hispanic, where the discrepancy 

between the racial composition of the actual location and 

the actual service area is half or greater than of the 

percentage of blacks, and Hispanics in either the applicants 

actual location or the actual service area (e.g., if the 

racial composition of actual service area is 40% minority, 

if the racial composition of the applicant's actual location 

is greater than 50% or less than 30% minority; or if the 

 



racial composition of the applicant's actual service area 

  

is 8%, if the racial composltion of the location is 4% or less, 

or 12% or greater.). 

(2) Where there is a 10% or greater discrepancy between 

either the racial composition of the applicant's location or 

actual service area, and the racial composition of the 

applicant's patient population in any of the three categories 

(inpatient, by patient days, outpatient or emergency room); 

or where the racial composition of the applicant's patient 

population is 10% or less minority, where the discrepancy 

between either location or actual service area and actual 

patient population in any category is half or greater than 

half of the percentage of blacks and Hispanics in the applicant's 

patient population. 

(3) Where there is a significant difference between the 

number of black and Hispanic doctors in the HSA sub-service 

area in which the applicant is located and the number with staff 
privileges; 

(4) In the case of applicants with dual site or more 

than dual site facilities, in addition to III C(l), (2) and (3), 

(a) if there is a significant difference in the capital 

expenditures at each facility; or 

(b) if there is a greater than 10% difference in 

the racial composition of the patient population of the applicant's 

different facilities; or 

(c) if there is a greater than 10% difference in 

the racial composition of the nursing staff and/or doctors at 

the applicant's different facilities. 

-10~ 

 



D. If the State submits an applicant's application to HEW in 

  

conformance with the standards set forth in III C, it shall 

consider such discrepancies in determining whether the 

applicant satisfies the review criteria of §l1122, particularly 

the criteria at 42 C.F.R. §100.107 (a): "whether the proposed 

project is needed or projected as necessary to meet the needs 

of the community in terms of health services required." 

E. If the applicant's proposal is not for a project or service 

that is listed as necessary in the State health plan or State 

medical facilities plan, the applicant shall in its application 

explicitly state why sueh project or service is needed despite 

the fact it is not within the State health plan or State 

medical facilities plan. 

F. If an application is forwarded to HEW in conformance with the 

provisions in III C above, the State shall include in such 

transmittal the State's deadline for review of the application 

and shall request HEW to forward to the State the findings of 

any civil rights review HEW conducts as a result of the infor- 

mation and/or the reasons for not conducting a civil rights 

review as soon as possible, but not later than five (5) days 

prior to the State's deadline for review of an application. 

The State's deadline for review of an application shall be 

90 days, or the maximum length of time permitted by regulations, 

unless the application states that the applicant wishes to or 

will secure a binding obligation on the project which is the 

subject of the application sixty (60) to ninety (90) days 

from the date of the application, in which case the State's 

deadline shall be three days prior to the date the applicant 

wishes to or will secure the binding obligation. 

 



G. If within the time period for review of an appliation, 

  

HEW issues a Letter of Findings pursuant to 45 C.F.R. Part 

80 finding probable cause to believe an applicant has violated 

Title VI of the Civil Rights Act: 

(1) The State shall consider such letter in its 

§1122 review; and 

(2) if the State determines to approve the application, 

shall include in its letter of notification of approval to the 

applicant the following statement "The applicant is under 

notice that the Office of Civil Rights, United States Department 

of Health, Education and Welfare has issued the applicant a 

Letter of Findings of probable violation of Title VI of the 

Civil Rights Act of 1964. In the event that voluntary 

compliance is not achieved, the applicant may be subject to 

termination of federal financial assistance." 

H. (L) If during the ninety day period that an application 

is pending, voluntary compliance is achieved which results in the 

applicant's providing a new service or an increase in 10% 

of the cost of the proposal or $500,000 whichever is less, the 

applicant shall supplement its proposal-to state! why the proposal 

is still financially feasible., 

(2) If after a proposal has been approved, voluntary 

compliance is achieved which results in the applicant's 

providing a new service or an increase in 10% of the cost of the 

proposal or $500,000 whichever is less, the State shall deem the 

proposal to be a new capital expenditure pursuant to 42 C.F.R. 

§100.103, and the prior approval shall be rescinded. 

(3) For the purpose of computing the increase in cost 

pursuant to sub-paragraph III H(l) and (2) above, inflation 

alone shall not be considered. 

17 

 



Iv 

  

Further Civil Rights Components for 

Review of Applications Under §1122 

of the Social Security Act 
  

A. The State in its review of applications by hospital facilities 

under §1122 of the Social Security Act shall consider whether 

the applicant is in compliance with Title VI and the regulations 

issued pursuant to Title VI at 45 C.F.R. Part 80, particularly 

45 C.F.R. 80.3 and 80.4. 

B. Where an application involves or includes a proposal for the 

relocation in whole or part of a hospital facility or any 

health service of a hospital facility, the State shall consider 

and apply in its review of such application the regulations at 

45 C.F.R. 80.3b(3) and the following guidelines which reflect the 

regulation at 45 C.F.R. 80.3b (3): 

1. (a) The site selection of a hospital facility 

or a health care service within a hospital facility violates 

Title VI if the site of such facility or service is chosen for 

the purpose of creating, fostering, facilitating or aggravating 

racial or ethnic segregation; or of excluding racial and/or 

ethnic groups from participation in, or of denying them the 

benefits of the hospital and health care services. 

(b) The site selection of a hospital facility or a 

health care service within a hospital facility violates Title 

VI if the site of such facility or service will have or has the 

effect of creating, fostering, facilitating or aggravating 

segregation, or of excluding racial and/or ethnic groups from 

participation in, or of denying them the benefits of the health 

care services within a facility or facilities in a geographic 

area unless the hospital demonstrates: 

 



1. The particulat site and service meets documented, 

  

specific health planning needs of the population in the facility's 

service area; and 

oo there are no alternative sites or arrangements which 

would permit the substantial accomplishment of these goals 

without segregative effect; and 

Se if (1) and (2) are established, that methods of 

administration and operation minimize wherever feasible the 

segregative effect of the site selection. 

Ce In construing IV Bl (b) above, "documented, specific health 

planning needs" encompass economic considerations only if 

the hospital demonstrates that: 

1. the new facility or service will generate sufficient 

income to maintain the former. facility; and 

2 that the income from the new facility or service will 

go directly toward supporting a facility which serves the 

larger racial or ethnic patient population; and 

3. without the income generated from the new facility 

or service, the facility which serves the larger racial or 

ethnic patient population will not be financially able to 

serve the health care needs of its patients; and 

4. this derivative financial support for the racially 

identifiable facility can only be generated by revenue from the 

new site or service. 

2e In addition to the standards set forth in IV Bl. above, 

a hospital which presently serves a patient population which 

includes members of racial or ethnic groups, which desires to 

relocate in whole or in part, or which proposes to construct a 

=F 4m 

 



facility or deliver a health care service in another location 

  

where the patient population does not include as many members 

of racial or ethnic groups, has a continuing obligation to 

recognize and serve health care needs of its present patient 

population including the following factors: 

(a) Expenditures 
  

i. A sufficient level of expenditures and capital 

construction essential to a continual and necessary upgrading 

of its present facility; 

2% Revenues from the present facility cannot be 

used to finance the new site or service unless it is 

demonstrated that all necessary health services, modernization 

and expenditures have been provided to the present facility. 

(b) Staffing 
  

The numbers and ratios of professional and 

nonprofessional staff, as well as doctors, must be maintained 

at levels to serve the patient population adequately and, in 

no event, less than levels maintained prior to the opening 

of the new site or service. 

(c) Physical Plant 
  

The physical plant of all facilities at a dual 

or multi-site hospital must be maintained and upgraded on an 

equitable basis. 

(d) Access of present population group to all 

services being provided by ‘hospital. 
  

To the extent services are not duplicated and 

the location of a service 1s not at the present facility, 

transportation must be provided or available to the present 

patient population. 

(e) Method of Operation 
  

The hospital must operate its two facilities 

in a unitary and interlocking manner, but records must be 

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maintained to indicate separately the staffing, expenditures 

and services at each facility. 

(f) Governing Board 
  

The governing board and any planning or 

advisory body which is an integral part of the hospital 

shall be representative of and responsive to the needs of members 

of the racial and ethnic group it serves. 

3. Reduction or Duplication of Services 
  

(a) A hospital may reduce a service, staffing or facility 

at the site which serves members of racial or ethnic groups 

only ifs 

1. such reduction is justified by specific health 

2 the service, staffing or facility is economically 

feasible; and 

3. the same service, or level of services 1s equally 

accessible to the members of racial ethnic groups or the 

hospital has demonstrated methods to insure such 

accessibility; and 

4. the reduction does not violate any other regulation 

set forth in IV Bl and IV B2 above. 

(b) A hospital may duplicate a service or facility that is 

at its old location only if: 

1. such duplication is justified by specific health 

reasons and needs; and 

2. such duplication will not reduce staffing or the 

level of service at the old facility; and 

3. such duplication will not jeopardize the economic 

viability of the service or facility at its old location; 

and 

“1 6= 

 



  

4. such duplication does not violate any other 

regulation set forth in IV Bl and IV B2 above. 

V 

Applicability of Review Procedures 
  

In the event the State becomes a full participant in 

any federal health planning programs for which it shall have 

review functions of health proposals it shall apply the procedure 

set forth in III and IV. above to hospital facilities. 

VI 

Annual Civil Rights Reviews 
  

The State shall conduct annual civil rights reviews of all 

hospital facilities which receive or have received federal 

financial assistance pursuant to the Hill-Burton program, 

Title VI of the Public Health Services Act. Said review shall 

include the data listed in III A above and in addition: 

(1) The list of services at the facility, or, in 

the case of multi-site recipients, separately for each facility; 

(2) the list of the governing board of the 

facility by race; 

(3) the amount of free services and community 

services provided at the facility, by race. (N.B. - a form 

for gathering this information will be forwarded to you.) 

-17=- 

 



  

VII 

General Provisions 
  

A. This Court has jurisdiction of the parties hereto. 

B. Should the implementation of any specific provi- 

sion of this Decree thereafter be determined by a federal 

court or a federal agency to be illegal under federal 

law or inconsistent with federal regulations, the parties 

may apply to this Court upon appropriate application and 

notice to all attorneys of record for plaintiffs and the 

State to suspend or modify the specific provision at issue 

to conform to the subsequent Court determination, or to 

resolve any legal inconsistency between such federal agency's 

determination and the provisions of this Decree. In the 

event any such suspension or modification is determined by 

this Court to be necessary, to the greatest feasible extent 

the initial purpose of the porvisions shall be maintained 

and any such suspension or modification shall not affect the 

legalaity of all other provisions in this Decree. 

C. The plaintiffs, by their counsel, shall have the 

opportunity upon reasonable notice, to determine the com- 

pliance by the State with the provisions of this Decree. 

-18-~ [||03b6dad9-8c44-410c-b13b-34a2beeba0d8||] 

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