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Allegheny Health Network hires law firm to fight UPMC plan to build hospital in South Hills

Ben Schmitt

Allegheny Health Network and Highmark Health are gearing up for a legal fight to halt a proposed UPMC hospital less than a mile from one of their prized Pleasant Hills properties.

AHN's Jefferson Hospital retained attorneys from Pittsburgh's Marcus & Shapira law firm to explore legal strategies to oppose construction of a 300,000-square-foot hospital on 80 acres off Route 51.

The attorneys are recruiting Pleasant Hills residents to join the opposition, free of legal costs.

“Not surprisingly, UPMC now faces a groundswell of opposition from individuals who reject the idea that it could simply bulldoze the valley behind their homes and fundamentally destroy the fabric of a residential neighborhood,” attorney Jonathan Marcus said in a statement Thursday. “The development would include a helipad and a massive parking lot.”

Dan Laurent, an AHN spokesman, did not divulge a potential legal strategy.

UPMC officials maintain the proposed hospital, to be called UPMC South, would improve access to care and decrease costs for patients who live in the area.

“Competition generates better care at better prices, and people in the Route 51 corridor want the ability to be able to choose UPMC's high-quality care,” UPMC spokesman Paul Wood said.

On Tuesday, lawyers from Marcus' firm distributed letters to residents at a Pleasant Hills Zoning Board meeting. Officials postponed the hearing because of an overflow crowd of about 150 residents. UPMC is challenging the zoning code, which prohibits a medical facility at the site under current provisions.

“As soon as the meeting on Tuesday was adjourned, our attorneys were approached by dozens of objectors seeking representation,” Jefferson Hospital CEO Louise Urban said in a statement. “We understand there are many more who tried to attend the meeting but could not even access the building.”

Marcus, the attorney, wrote in the letter to residents that the law firm “will represent you to the best of our ability in the matter, which involves your objection to a proposal to build a hospital near your house, but can guarantee no result.”

The letter says “all costs and fees associated with our representation will be paid by others.”

Urban said Jefferson and parent company Highmark Health have invested more than $100 million in enhancements in the past three to four years. She said a large hospital with a helipad would disrupt the neighborhood's tranquil atmosphere.

“Some objectors may choose to pay their own legal expenses or retain separate counsel, but they should know Jefferson Hospital stands with the residents of Pleasant Hills,” Urban said. “We have a common interest in doing what is best for the community and welcome those citizens who wish to be represented with us in voicing opposition to UPMC's plans.”

Marcus emailed the Tribune-Review statements from several residents opposing the hospital.

“I'm just a mom that built my dream house,” said Jamie Khalil, 34, of Robinson Drive. “Now there's going to be a hospital in the backyard? I left the city to escape that urbanization and come to the suburbs to raise my kids. And now this? I am absolutely grateful that Jefferson Hospital is supporting my objection because I feel like decisions were already made for us by this monopoly giant UPMC.”

Stephen Foreman, an associate professor of health care administration at Robert Morris University, said Highmark may try to argue in legal terms that building a hospital in Jefferson's vicinity diminishes competition.

“Proving that may be pretty difficult,” he said. “On its surface, it looks like competition, even though I personally believe it is designed to take Jefferson out.”

Ben Schmitt is a Tribune-Review staff writer. Reach him at 412-320-7991 or bschmitt@tribweb.com.