Fox Law Group PA

The Northeast Mississippi Daily Journal
July 6, 2003

Tupelo Medical Center Makes Big Money
The Northeast Mississippi Daily Journal
Grant M. Fox
 July 6, 2003

On Sunday, June 8, 2003 the Daily Journal featured a lengthy article on The Imaging Center, that is, Dr. Mike Currie's 12,000 square foot radiology facility located in Tupelo's Gloster Creek Village.  Despite strong opposition from the North Mississippi Medical Center and Tupelo's lone group of radiologists (who have an exclusive contract with the hospital), both the Mississippi State Department of Health and a Hinds County Chancery Court have sided with Currie in his battle to obtain a certificate of need for an MRI scanner for his clinic.  The hospital has one last shot in their ongoing legal battle to squelch competition with an appeal currently pending before the Mississippi Supreme Court.  Under Mississippi law, Currie can begin operating even while the hospital continues to fight him before Mississippi's highest court.

When the Daily Journal asked about the hospital's opposition to Currie, Dr. Jeff Barber, CEO of the North Mississippi Medical Center, said "We have about 29 cost centers that lose money - like the helicopter and ambulance service, the emergency department.  We have other lines of service that make money and subsidize those loss leaders.  And our ability to subsidize those loss leaders directly relates to our ability to have revenue-generating departments." I read Dr. Barber's comments to mean that the hospital has a number of areas that are not profitable; therefore, the hospital should be allowed to monopolize the field of radiology in order to subsidize losses that the hospital incurs.

As a not-for-profit institution, the North Mississippi Medical Center is required to file Form 990s with the Internal Revenue Service.  A Form 990 is a nonprofit corporation's tax return.  In order to review copies of these Form 990s, I went to the internet site guidestar.org where many nonprofits' Form 990s can be reviewed.  The site also provides summaries of the profitability of these nonprofits to educate the public of how these institutions are being operated.

For the fiscal year ending September 30, 2001, the North Mississippi Medical Center produced a profit of $47,628,933.00.  Sounds pretty profitable to me. It seems that Dr. Barber is doing an excellent job at overcoming those "cost centers."

Lest you think the $47 million profit that the hospital made for the fiscal year ending 2001 is an inflated number, please consider that the hospital listed a $47 million profit after it wrote off $29 million in bad debts, took a $27 million depreciation deduction, and a $4.3 million loss on its investment portfolio.

On the 2001 tax return, the hospital listed "savings and cash investments" at the beginning of the year in excess of $191 million and ending the year at more than $250 million.

One of the more interesting items on the hospital's Form 990 is a list of the top independent contractors that the hospital pays each year to provide services to the Medical Center.  On the Form 990 for the year 2000, North Mississippi Medical Center paid Phelps Dunbar law firm legal fees totaling $1,248,123.00.  Phelps Dunbar was not paid quite as much on the Form 990 for 2001.  Their fees went down to $1,225,587.00.  So, over a two year period the hospital paid its attorneys an average of $103,071.25 per month.

It should be noted that Phelps Dunbar does not represent the hospital in medical malpractice actions and the fees listed above to the best of my knowledge are not paid to Phelps Dunbar to defend the hospital from these types of lawsuits. The Mitchell McNutt law firm provides medical malpractice defense work to the hospital and the fees are paid from the hospital's medical malpractice insurance carrier.

The McCarty Company, a design group, was paid $2,219,156.00 for the fiscal year ending in September of 2000 and fees the next year of $1,715,291.00.

While trying a lawsuit against the hospital in the fall of 1998, I heard chief financial officer Gerald Wages, when asked on the witness stand who owned the hospital, respond that "the members of the community" own the hospital.

The Medical Center is a not-for-profit institution that pays no income taxes and no ad valorem property taxes.  However, there are a number of individuals other than physicians who profit off of this not-for-profit institution, and the Medical Center continues to post some pretty decent revenues in these trying economic times.

When Dr. Barber levels a charge that the hospital will suffer losses from Dr. Currie's Imaging Center, which is a for profit institution and will pay taxes just like you and I do from our businesses, the owners of the hospital who are the members of the community need to be well informed about just how profitable this not-for-profit hospital is and how revenues are spent at the hospital and its subsidiaries. Don't take Dr. Barber's word for it, check out the facts.

July 6, 2003

Grant Fox, a native of Chickasaw County, lives in Tupelo where he practices law. 

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