Mortgage Program Requires Review of SE Hospital Plan

Early this month, Howard University President H. Patrick Swygert, left, with Mayor Anthony A. Williams, signed the deal for the hospital. (By Linda Davidson -- The Washington Post)

The plan by Mayor Anthony A. Williams and Howard University officials to exempt a proposed $400 million hospital from the city's usual regulatory review is not permitted by the federal mortgage insurance program that is critical to half of the project's financing.

The university expects to pay for most of its share of the National Capital Medical Center's cost, as much as $212 million, through tax-exempt revenue bonds backed by the Federal Housing Administration. The mortgage insurance would help Howard obtain a lower interest rate on its borrowing.

But the FHA's "minimum eligibility requirements" will not allow the hospital to move ahead as Williams (D) and the university would like -- by bypassing the "certificate of need" process that is intended to encourage accountability within health care and to discourage unnecessary duplication of services.

The District and 26 states mandate such evaluation of major medical construction, expansion or modernization, and the FHA considers it "a fundamental element of the FHA review process," spokesman Lemar Wooley noted Friday. Asked whether officials ever have allowed a certificate-of-need state to excuse a large project from that scrutiny, he responded with one word: "No."

His characterization contradicted the city's latest argument that the stipulation is a perfunctory detail -- or, as a senior policy adviser to City Administrator Robert C. Bobb put it, "basically just a check-box to ensure that all local requirements have been met before they hand out a credit enhancement."

The adviser, Gina Lagomarsino, said the Williams administration believes that a D.C. Council vote exempting the medical center would mean the District essentially has no local certificate-of-need requirement in this instance. Howard and its financial consultant have assured them for months that the approach would comply with FHA rules, and "based on our reading of the law," city officials concurred, she said.

So 10 days ago, when the partners signed a long-awaited agreement on the complex, the mayor announced that he would ask the council to approve a waiver. Doing so, supporters say, would help accelerate the timeline and circumvent any opponents intent on lengthy delays. In fact, the agreement makes Howard's "obligation to proceed" contingent on the council's acquiescence.

The FHA's general counsel is reviewing the situation, according to Lagomarsino.

The issue could be a real complication for the joint venture, which is planned for the grounds of the former D.C. General Hospital in Southeast Washington. Although the District and Howard would split construction costs for the 250-bed facility, the university alone would be responsible for its first three years of operation. Starting in the fourth year, any operating deficits would be covered by a new nonprofit corporation that would run the medical center and Howard's existing hospital on Georgia Avenue NW.

Although some communities on the city's eastern side endorse the project because it would bring trauma care and hospital beds to areas where they are lacking, others in the city -- including the District of Columbia Hospital Association -- question the assumptions justifying its planned size and services as well as the impact it could have on the entire medical system. They predict it would face tough going on a certificate of need.

In a statement Friday, the university said it will comply with "everything that [FHA officials] deem appropriate." Howard suggested for the first time that because the future facility's beds would come from Howard University Hospital's licensed total, the certificate of need already in effect there could apply to the new site.

The statement concluded: "If the Council fails to approve any requirement needed for FHA approval, obviously the NCMC will not go forward." It did not address the possibility of Howard seeking other kinds of financing for its share of construction.