RULING CALLS FOR SALE OF HOSPITAL.

Byline: R.A. Hutchinson Daily News Staff Writer

A Los Angeles Superior Court judge issued a tentative ruling Thursday calling for Columbia Healthcare to turn over Westlake Medical Center to Salick Health Care as outlined in a March 1995 agreement.

Judge Diane Wayne ruled that Nashville-based Columbia must sell the Westlake Village hospital to Salick for $8.15 million. Whether an emergency room will be operated there has not been determined.

``We prevailed. They have to transfer the hospital to us when we hand them the check,'' said Dr. Bernard Salick, president and chief executive officer of the Los Angeles company. ``She has not formally signed the agreement, but we expect it to happen.''

Salick said he considers the decision a victory because the judge concurred with his attorney that Columbia must comply with a 1995 agreement signed when it bought Westlake Medical Center from Universal Healthcare. Salick had a long-term lease and purchase option agreement with Universal to operate its Comprehensive Cancer Center in a wing of Westlake Medical Center.

Columbia had wanted to change the agreement and prohibit Salick from selling the property to a third party, which would not be restricted on how the facility is used. The Salick-Columbia deal specifies that Salick can operate a hospital that caters only to cancer, immune system disease, dialysis and organ transplant cases.

Ron Phelps, president and chief executive officer of Columbia's Los Robles Hospital/Medical Center in Thousand Oaks, said he is relieved the purchase issue is near resolution after six months of negotiations.

``It's not the best situation for us, but it's certainly not the worst. I'm pleased the transaction will be complete in a few days,'' Phelps said.

At one time, Columbia officials had considered leasing space back from Salick for an emergency room, something the community has urged both companies to do. However, Phelps said he doesn't see that as a possibility at this time.

Instead, he said Los Robles has expanded its staff and space in the emergency room to accommodate the extra patient load.

``We're prepared here to take on the additional patients. We'll keep trying to improve on it,'' he said. ``You can't have an emergency room in a specialty hospital. That's why we took the steps we did.''

Salick acknowledges that the contract bars him from admitting patients who suffer from ailments other than those stipulated. State law says an emergency room cannot operate if patients cannot be admitted for acute care.

``We don't run ERs. We're quite happy to let someone else come in here and operate an emergency room, if that's possible,'' Salick said. ``To run an ER you have to be able to admit, so we're seeking clarification on that. We want to work with the community.''

The battle between Salick, a national provider of specialty health care services, and Columbia, the nation's largest health care provider, began about two weeks ago as the contract deadline approached. Salick went to court July 3 seeking a restraining order that would prevent Columbia from closing the hospital and leaving his patients without care.

Wayne issued a temporary restraining order commanding Columbia to keep the facility open while negotiations continued. Thursday's hearing was to discuss a permanent injunction, which outlines how the hospital will operate while the two companies pursue litigation over other issues.