ChristianaCare files lawsuit against state following recent bill

DELAWARE – ChristianaCare has filed a lawsuit against the State of Delaware regarding a recently signed bill.

The group filed the lawsuit, seeking declaratory and injunctive relief pertaining to House Bill 350, saying the law is unlawful and infringes on ChristianaCare’s fundamental state and federal constitutional rights, in addition to being an infringement that threatens the group’s mission to care for the community.

The complaint claims that HB 350, signed into law on June 13, 2024, violates the state’s general corporation law and state constitution by authorizing state control over the strategic and business decision-making authority from the boards of some private hospitals, including ChristianaCare. The complaint alleges that the law created a politically appointed, unelected, and unaccountable “super-board” (the Diamond State Hospital Cost Review Board), administered by the Delaware Healthcare Commission with authority to override the strategic and budgetary decisions made by the hospitals’ duly-elected directors.

ChristianaCare is also alleging that the bill violates federal and constitutional rights through the take-over of private hospital governance and budgets by forcing private hospitals to disclose confidential information about its future priorities and strategy and unfairly targeting only a few private hospitals.

ChristianaCare reportedly raised constitutional concerns during the legislative process that were not addressed, and this lawsuit was filed as a necessary next step in protecting the community’s continued access to excellent hospital care close to home.

More on the lawsuit can be found here.