The Vidant / Belhaven Rural Healthcare Issue ((Vidant / Belhaven Update) | Eastern North Carolina Now

    I have been trying to get a better handle on what is really going on between Vidant and Belhaven. I realize people may be busy, but I can't get returned calls from Judge Fitch nor Vidant on it. The best I have gotten is from a good citizen in Belhaven who thinks there is some kind of called meeting of the Belhaven Board of Aldermen. Even that is unclear as to its purpose or time.

    Meanwhile, the people of Hyde County and eastern part of Beaufort County are without an open facility. Best I can tell Judge Fitch enjoined Vidant NOT to demolish what is left of the building in Belhaven. Vidant is trying desperately to have the case moved to Federal Court.

    Here are the issues as best I can determine them:

    •  The exact nature of Vidant as a LLC is unclear.
    •  LLC means "Limited Liability Corporation"
    •  Inside their document of Incorporation (Vidant Medical Group, LLC, 7/12/2012) is the statement: "...organized and is to be operated exclusively for scientific, charitable and educational purposes within the meaning of Section 501(c)3 of the Internal Revenue Code of 1986." This is the Doctors of Vidant rather than Vidant, itself.
    •  The deed for the Belhaven Hospital clearly states it is to be used for local healthcare.
    •  A royal fight is on before Judge Milton F. Fitch, Jr., NC, Senior Resident Superior Court Judge for the 7BC Judicial District of NC.
    •  Vidant wants badly to get the case before a Federal Court.
    •  Judge Fitch did not let them off and they were in front of him in Plymouth last week.
    •  The result of that hearing was a clear order NOT to destroy the existing hospital building.

    I am a retired Baptist Minister who has led many 501(c)3 type churches. The exact same code applies to all Tax-Exempt Non-Profit groups like Scouts, Red Cross, most religious organizations across the USA. There are some serious questions about anyone who uses this designation, but is not honest with the public from which it solicits funds.

    Jim and Tammy Faye Bakker are prime examples of a NC "church" which solicited funds over their TV Network for a "ministry in Korea." They used those funds for their own grandeur of a gold-fauceted house and even a dog house which was air-conditioned. They were prosecuted and proven guilty. They spent time in a Federal Prison. Such cases are seldom prosecuted because of the principle of "Separation of Church and State" in our US concept of Constitutional justice and practices.

    I have a hard time NOT being offended by a multi-million dollar LLC with no desire to have any red ink on their books. Their own document states: "The company shall never be operated for the primary purpose of carrying on a trade or business for profit." The next section states: "No compensation or payment shall ever be made to any Member, Manager, or organizer of the Company . . . Except as reasonable allowance for actual expenditures or services actually made or rendered to or for the Company . . ."

    At long last, I was able to talk with Ms. Chris Mackey of Vidant. Just before lunch she informed me that Vidant is abiding by the orders of Judge Fitch. This means keeping the A-C on at the closed hospital facility and doing nothing until another court date is set. That is in the hands of the ACLU / NAACP legal people. They (Vidant) know nothing more on the hearings in the future.

    The most important clarification on filed documents is the fact that the hospital now operates legally under the umbrella of "'Pungo District Hospital Corporation" (file:///C:/Users/GENE/Downloads/Amendment_C201410003178_72487505076e4da5b0d75ad9c26cd85b.PDF) as of 4/21/2014. David Hughes, Secretary, filed the document on 4/3/2014.

    In essence, this is the same 501(c)3 type operation as Vidant. Much confusion reigns with the residents of Belhaven over the exact nature of the Vidant/Belhaven relationship. According to Ms. Mackey, they are abiding by the Judge's orders. They are paying the electric bill and any others from Vidant funds. In other words, the local people of Pungo District Hospital Corporation are now legally in charge of the facility with finances provided by Vidant.

    This issue is far from resolved. With no end in sight, the local healthcare and availability of the Belhaven hospital building are in limbo.

    I hope this helps clarify what the issues and relationships are right now on 9/3/2014.