New motion, affidavit on behalf of University Hospital retirees filed in Piedmont lawsuit
Days after dozens of University Hospital retirees gathered at Pine View Baptist Church in Augusta to discuss recent rulings in a civil suit against Piedmont Healthcare Inc., new court documents were filed that again question the jurisdiction of the case.
The lawsuit, filed on March 21 by 174 retired employees, claims just a few months after University Health Services joined Piedmont in March 2022, retirees were notified that promised lifetime health benefits for employees over 65 with more than 30 years of employment would no longer be funded.
The battle over jurisdiction began on April 19, when Piedmont attorneys moved the case to U.S. District Court, stating the employees' claims fell into federal jurisdiction, according to previous reporting.
Over the last several months, the case has been volleyed back and forth between U.S. District Court Chief Judge J. Randal Hall and Richmond County Superior Court Judge Amanda N. Heath.
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The retirees filed a motion to remand the case back to Superior Court on Thursday, stating:
There is a difference in Georgia law and federal law relating to declaratory judgments, which are meant to resolve legal uncertainty for both parties.
The obligation to pay retirees the hidden paycheck is not governed by the Employee Retirement Income Security Act, a federal law that sets minimum standards for retirement health plans.
University Health Services, now Piedmont, are only lessees of the property of the Richmond County Hospital Authority and any hidden paycheck obligation would not be governed by the Employee Retirement Income Security Act.
Also filed Thursday was a sworn affidavit by former University Health Services chief financial officer Robert Taylor, who worked for the hospital for 36 years.
In the affidavit, Taylor stated the purpose of the contractual obligation was to retain employees and was never part of any welfare plan or health insurance plan offered to employees by University Hospital.
He also said he "knows for a fact" that in 2020, hospital administrator Jim Davis and then-CFO Dave Belkoski told retirees they would have to go into a Medicare Advantage Plan in order to receive the promised benefit, offering "substantial savings to University Hospital," according to the affidavit.
Taylor alleged Piedmont is now telling individuals qualified for the benefit that they have to enroll in the advantage plan, which is not what the hospital is obligated to provide, according to the affidavit.
He said the move is a breach of the contract the hospital made with those employees.
This article originally appeared on Augusta Chronicle: New court documents filed in Piedmont lawsuit on behalf of retirees
