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Should a group of unelected officials have the power to deprive New York of a vital public health resource?

NYSUT's State University of New York affiliate, United University Professions, doesn't think so. The union has filed a lawsuit that seeks to keep Upstate Medical University in Syracuse part of the SUNY system.

Late last year, the Berger Commission, a statewide group that was charged with suggesting health care reforms for New York, recommended merging UMU with the private Crouse Hospital, which operates at a lower capacity than UMU.

Because the state Legislature failed to vote against it, the state maintains, that recommendation became law.

UMU provides health care for the poor in a wide swath of low-income areas in the middle of the state. It offers critical services that could be shuttered in a merger, such as a highly regarded burn unit and a regional trauma center.

Also, as a public teaching hospital, UMU helps train doctors and birth medical innovations. These things could be lost if UMU ceased to be part of the SUNY system.

UUP contends that the recommendation to merge UMU and Crouse is not only illogical - it's illegal. NYSUT launched an extensive e-mail campaign supporting UUP's initiative to preserve Upstate as a SUNY facility.

While union leaders expressed confidence that a solution can be negotiated, UUP recently filed a lawsuit in state Supreme Court in Albany to preserve legal options should they become necessary.

Decision-makers

The lawsuit alleges that the Berger Commission recommendation to join Upstate and Crouse Hospital and under the control of "an entity other than SUNY"usurps a decision-making role that by law belongs to elected officials.

UUP says the Berger Commission failed to explain why it suggested changing SUNY's role or how it should be changed, a requirement in the law that created the commission.

"We are filing suit to protect the rights of our members and the health of the patients they serve," said UUP President William Scheuerman, "but at the same time we will continue to look for ways to work cooperatively with the state to resolve this issue."

NYSUT attorneys are assisting UUP with the case.

NYSUT President Dick Iannuzzi shared Scheuerman's optimism that the matter could be settled outside the courtroom.

"Time limits in the court system require this step to keep all options open, but our hope is that this will be a negotiated solution and not a legal one," Iannuzzi said.

Learn more about the efforts to save UMU at www.saveupstate.com.

- Kevin Hart

Take Action! View the video and e-mail the governor