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Archive for the ‘LSU’ Category

You have to love Rolfe McCollister, Jr. The man has done the following:

  • Was an unsuccessful candidate for mayor-president of Baton Rouge;
  • Contributed $17,000 to the campaign of Bobby Jindal in 2003, 2006, and 2008;
  • Served as treasurer for Jindal’s 2007 gubernatorial campaign;
  • Served as chairman of Jindal’s transition team following Jindal’s 2007 election;
  • Served as a director of Jindal’s first fundraising organization Believe in Louisiana;
  • Currently serves as treasurer of Jindal’s super PAC Believe Again;
  • Been appointed by Jindal as a member of the LSU Board of Supervisors.

Moreover, McCollister’s Louisiana Business, Inc. partner, Julio Melara has:

  • Contributed $7,500 to Jindal’s campaigns in 2007, 2010, and 2011 (his wife also contributed $1,000 in 2007);
  • Been appointed to the Louisiana Stadium and Exposition District (Superdome Board).

At the same time, McCollister, apparently with a straight face, attempts to pass himself off as an objective news executive as Publisher of the Baton Rouge Business Report, even publishing a story by his staff today (Monday, April 27) on the long-running court battle by real news organizations to obtain the names of 35 candidates for the LSU presidency. https://www.businessreport.com/business/along-alexander-lsu-board-considered-candidates-texas-alabama-east-carolina-presidential-search-2012

Before the finger-pointing begins, let’s set the record straight. While McCollister carries the water for Jindal on such issues as protecting what should obviously be public records, firing an LSU president (thus, making the new hire necessary) and giving away LSU hospitals to a foundation run by a fellow LSU board member, he also purports to be an objective chronicler of political news.

We at LouisianaVoice, on the other hand, make no pretense at objectivity. We are opinionated and we freely express those opinions—and invite readers to do the same, both pro and con. We spent a quarter-century working for the so-called objective publications. But a political blog is very much like an op-ed opinion piece. McCollister should be familiar with those; he’s certainly seen enough of them from Jindal in the New York Times, Washington Post, and Wall Street Journal.

Louisiana Business, Inc., led by McCollister and Melara, is the parent company of the Business Report, so both men are in the news business but nevertheless have continued to curry favor from the man they apparently believe will one day occupy the big house at 1600 Pennsylvania Ave. in Washington, D.C.

What is so particularly galling about Monday’s story about the release of the documents by the LSU board attorney is that a reader unfamiliar with the story would have no way of knowing that the publisher was complicit not in attempting to shine the light of transparency on a secretive board, but in participating in the board’s harboring of the information. Nowhere was a single word devoted to revealing that the piece’s publisher was a party to attempting to hide information from the public—an effort, by the way, that cost the state tens of thousands, if not hundreds of thousands, of dollars in legal costs and fines.

As if that were not enough, McCollister, in his ever-diligent vigil to defend the public’s right to know, turned his guns on an LSU faculty member who was bold enough to criticize the LSU board in print over its efforts to keep its business away from the public’s prying eyes.

On April 1, McCollister, in a column titled The Two Hats of Bob, attacked LSU journalism professor Bob Mann who also writes a political blog called Something Like the Truth, which is also published in the New Orleans Times-Picayune. “Man is one to take full advantage of free speech and faculty tenure as he pontificates in his columns on all that’s evil,” McCollister sniffed. https://www.businessreport.com/politics/rolfe-mccollister-survey-reveals-contradictions-confusion

He was writing about Mann’s blog and the accompanying column that ran in the Times-Picayune in which Mann said the LSU Board was more loyal to Jindal than to the students at LSU and that the entire board needed to resign or be fired. In that column, Mann quoted from another McCollister essay in which McCollister “chided those in the news media who ‘sound like Chicken Little. Let me predict here and now, the world will not end for Louisiana or higher education during the upcoming session. Solutions will be found.’ What those magic solutions are, McCollister does not say,” Mann wrote.

“I asked a former seasoned journalist about the ethics of a faculty member who has a second job as a journalist and (who) writes about his university,” the publisher continued in that April 1 column. “He said, ‘Every good journalist knows that you cannot ethically cover the institution that pays your salary and the people who supervise the work you do for that salary.”

Oh, really? And just who was that “former seasoned journalist”? And was he a former journalist or just formerly seasoned?

As for ethically covering “the institution that pays your salary” (or in this case, appointed you and your business partner to two of the more prestigious boards in state government), doesn’t McCollister provide Jindal glowing press coverage at every opportunity? (Of course, whether that can accurately be called real “coverage” is still open to debate. There’s another word for it in the reporting business. It’s called fluff.)

“The ethical equation doesn’t change if a reporter vilifies those people (for whom he works),” McCollister continued. “Who is to say the reporter’s self-interest isn’t involved. When journalists don’t recognize this fundamental aspect of journalism, everything they write, on any topic, lacks credibility.”

Wait. We’re confused. Is McCollister still talking about Mann—or about himself? It’s really impossible to tell, considering all the self-interest and conflicts of interests involved in everything McCollister writes about Jindal.

But let’s review. McCollister, it seems, was also a member of the LSU Board back in 1992 when the state was in the throes of another financial crisis and cutting budgets. At that time, McCollister, indignant over the cuts to LSU, called for the arrest of the governor.

The governor? Edwin Edwards. http://www.nola.com/opinions/baton-rouge/index.ssf/2015/03/higher_education_budget_cuts_l.html

Mann responded to McCollister, of course. Anyone would. But rather than delve into their “he said, she said” exchange, let’s look at what others are saying.

The Hayride blog, which is somewhere off to the right of Rush Limbaugh, trumpeted its headline: “Bob Mann goes after Rolfe McCollister, but doesn’t have the numbers on his side.”

http://thehayride.com/2015/03/bob-mann-goes-after-rolfe-mccollister-but-doesnt-have-the-numbers-on-his-side/

Repeating the Chicken Little quote by McCollister, it added a quote by him which it accused Mann of omitting: “Business is strong in Louisiana and getting even better. I hear from many company CEOs who had a record year and look to grow and expand in 2015.”

(Perhaps that’s why Louisiana continues to rank third in the nation in our poverty rate and why Louisiana’s colleges and universities are looking seriously at declaring financial exigency.)

We’ll get back to The Hayride momentarily.

Red Shtick, a Baton Rouge publication that specializes in parody, took its turn at lampooning McCollister for his obvious double standard. http://theredshtick.com/2015/04/03/jindal-crony-who-pens-pro-jindal-editorials-accuses-professor-of-unethical-journalism/

Likewise, the Independent of Lafayette, one of the state’s better political publications, noted with some irony that McCollister found it necessary to reach out “to an anonymous source” to obtain an opinion about journalistic ethics—after all, “hasn’t he run a newspaper for more than 25 years?” the Independent asked somewhat rhetorically, adding, “I’m sure that untenured, junior faculty at LSU will take note that one of the governor’s best friends, who serves on the LSU Board, has this opinion of academic freedom. http://theind.com/article-20612-rolfe-mccollister-faculty-who-criticize-lsu-in-print-are-unethical.html

“Did McCollister threaten my LSU job? The Independent quoted Mann as asking. “Not really. He just finds some gutless anonymous source to call me unethical for criticizing a group of public officials.”

As promised, we now return to The Hayride and one of its regular columnists who seems to fit comfortably in Jindal’s back pocket and who slings darts and arrows at anyone who dares criticize his governor.

We’re talking, of course, about one Jeff Sadow who works as…(ahem), ah…well, as a full time political science professor at LSU-Shreveport. Correction. Make that associate professor. And one who has (gasp!) a political blog.

Rather than go into a lot of Sadow’s qualifications to speak his opinion in a blog as opposed to those who would censure Mann, we’ll let yet another blogger lay it out for us.

https://lahigheredconfessions.wordpress.com/2015/04/02/biting-the-hand-that-pays-you/

But at the end of the day (to borrow a phrase from Bobby Jindal), we still believe in tolerance and we will defend with our last breath the First Amendment rights of McCollister, Sadow, and Mann. They have every right to voice their opinions, though two of those three do not appear to agree.

To sum it all up, it appears we have an LSU Board member who is a Jindal operative in every sense of the word and who just happens to own a news publication. But that board member/journalist steadfastly refuses to advocate for openness on the board (as would just about any member of the Fourth Estate), who votes to fire an LSU president only because the governor wants him to, who votes in favor of giving away teaching hospitals to a fellow board member, and who calls for the censuring of free speech by a journalism professor and newspaper columnist. And, coincidentally, we have an associate professor who does the same thing as Mann, but who gets a free pass because his opinions happen to dovetail nicely with those of  McCollister, Jindal, et al.

Okay, as long as we understand the ground rules.

But, Chicken Little, it appears the sky really is falling. And as for those solutions McCollister promised “will be found,” they now appear more distant than ever.

And meanwhile, he calls Bob Mann unethical.

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JINDAL STATE OF THE STATE ADDRESS(FROM OUR ANONYMOUS CARTOONIST: CLICK ON IMAGE TO ENLARGE)

If there was any lingering doubt that Bobby Jindal has been committing payroll fraud, that doubt was erased in last Monday’s State of the State address to legislators at the opening of the 2015 legislative which, thankfully, will be his last such address.

Fraud is defined as:

  • The wrongful or criminal deception intended to result in financial or personal gain;
  • Deceit, trickery, or breach of confidence perpetrated for profit or to gain some unfair or dishonest advantage;
  • A person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.

Payroll fraud is further defined as the unauthorized altering of payroll or benefits systems in order for an employee to gain funds which are not due. The person making financial gain could be the employee or could be an associate who is using the employee to commit the fraud while taking the funds for himself.

There are generally three types of payroll fraud but for our purposes we are interested in only one:

  • Ghost employees—A person, fictional or real, who is being paid for work he does not perform. In order for the fraud to work the ghost employee must be added to the payroll register. If the individual is paid a monthly salary this is easier for the fraudster, as once this has been set up there is little or no paperwork required. In order for the fraud to work, the ghost employee must be added elected to the payroll register. Once this has been set up, there is little or no paperwork required.

Under that definition, Jindal could certainly be considered a ghost employee. One person even suggested that it was not really Jindal speaking to legislators, that Jindal was actually in Iowa and they were being addressed by a hologram.

We maintain that Jindal is committing payroll fraud by vacating the state so often and leaving the details of running the state to appointed subordinates as inexperienced and naïve as he. The point here is this: No one on his staff was elected; he was. And he has not been at the helm of the ship of state and by absenting himself so frequently and so consistently as he gins up his presidential candidacy, he is committing payroll fraud, theft, and malfeasance. Others, like former Desoto Parish School Superintendent and Board of Elementary and Secondary Education member Walter Lee have been indicted and been prosecuted for payroll fraud.

Before we really get into his speech to legislators, JINDAL ADDRESS TO LEGISLATURE we simply must call attention to the feeble effort at humor he (or someone) injected into the third line of his speech:

“Well, here we are…at the moment that some of you have been waiting for a long time—my last state of the state speech.”

After an apparently appropriate pause, he continued: “No, that was not supposed to be an applause line…and I do appreciate your restraint.”

Seriously? You actually wrote that line in your speech? If you have to write that in, if you are incapable of ad-libbing that simple line, then we now understand that idiotic response to President Obama’s State of the Union Address in 2009.

Before getting to the real meat of his legislative agenda for this year (if you can call it that), he touched ever-so-lightly on a few other points he generously referred to as his administration’s accomplishments. Our responses to each point are drawn directly from statistics provided by 24/7 Wall Street, a service that provides a steady stream of statistical data on business and government:

  • “We cleaned up our ethics laws so that now what you know is more important than who you know.” (A quick look at the appointment of Troy Hebert as director of the Office of Alcohol and Tobacco Control after the baseless firing of Murphy Painter could quickly debunk that bogus claim. So could several appointments to the LSU Board of Supervisors and the equally egregious firing of key personnel like Tommy Teague who did their jobs well but made the fatal mistake of crossing Mr. Egomaniac.)
  • “We reformed our education system…” (Louisiana is the fifth-worst educated state and we are the third-worst state for children who struggle to read);
  • “We reformed our health care system…” (Really? Is that why the privatization of our state hospitals remain in turmoil? That same reform ultimately forced the closure of Baton Rouge General Mid-City’s emergency room because of the overload brought on by the closure of Earl K. Long Hospital? Can we thank your “reform” for the fact that Louisiana still has the nation’s third-lowest life expectancy rate or that we enjoy the nation’s third-most unhealthy rating, that we are fifth-highest in cardiovascular deaths or that we have the highest obesity rate in the nation?);
  • “…Our economy is booming.” (Seriously? Louisiana is rated as the worst state for business in the U.S.; we rank sixth-highest among states where the middle class is dying; we remain the eighth-poorest state in the nation with a poverty rate that is third-highest, and we’re saddled with the fourth-worst income disparity in the nation and we’re rated the 10th-worst state in which to be unemployed.);
  • “We have balanced our budget every year…and have received eight credit upgrades.” (This one of those claims so preposterous one doesn’t know how to respond, but we’ll give it our best. Jindal has repeatedly patched budget holes by skimming funds from other agencies, like more than $400 million from the Office of Group Benefits reserve fund, from the sale of the tobacco settlement, from ripping funds for the developmentally disadvantaged (to fund a race track tied a political donor—what was that line again about “what you know, not who you know”?), by cutting health care and higher education, by selling state property, and now he’s trying to cover the current $1.6 billion budget hole by selling the State Lottery. As for those credit upgrades, we can only point to the February action by Moody’s and Standard & Poor’s bond rating agencies to move the state’s credit outlook from stable to negative—and to threaten the more severe action of a downgrade.);
  • “The end result is a stronger, more prosperous Louisiana for our children. I measure Louisiana’s prosperity not by the prosperity of our government, but by the prosperity of our people.” (So, why are the fifth-most dangerous state in the nation? The 10th-most miserable state? Why do we have the eighth-worst quality of life? And the 11th-worst run state in the nation? And why have you never once addressed in your seven-plus years in office our ranking as the number-one state in the nation for gun violence or our ranking as first in the world for our prison incarceration rate?)
  • “We don’t live by Washington’s rules of kicking our debts down the road.” (For the love of God…);
  • “We have laid out a budget proposal that seeks to protect higher education, health care and other important government functions.” (And that’s why higher education and health care have been cut each of your years in office and why more cuts are anticipated that could conceivably shut down some of our universities. You really call cuts of up to 80 percent “protecting” higher education?);
  • “We have a system of corporate welfare in this state.” (Wow. After more than seven years of giving away the store to the tune of billions of dollars in corporate tax breaks, you finally come the realization that perhaps your generosity to the Wal-Marts, chicken processing plants and movie production companies may have been a bit much—that those policies may have actually hurt the state? What brought about this sudden epiphany? Bob Mann, in his Something Like the Truth blog, was all over that when he called attention to Jindal’s latest comment in the face of his claim a couple of years ago that we were “crushing businesses” with oppressive taxes. We’ll let him take this one.) http://bobmannblog.com/2015/04/17/bobby-jindal-is-now-against-corporate-welfare/
  • “We have identified over $500 million of corporate welfare spending that we think should be cut…” (Why the hell did it take you seven years?)

After all was said and done, after his hit-and-run sideswipes at all his purported “accomplishments,” Jindal devoted the bulk of his address to only two issues: Common Core and religious liberty. Of the latter issue, he said, “I absolutely intend to fight for passage of this legislation.”

Jindal was referring to Bossier City Republican State Rep. Mike Johnson’s HB 707 which would waste an enormous amount of time and energy—time that could be better spent on far more pressing matters, like a $1.6 billion deficit—on preventing the state from taking “any adverse action” against a person or business on the basis of a “moral conviction about marriage.”

Despite claims by Jindal and Johnson to the contrary, the bill is nothing more than a clone of the Indiana law that constitutes a not-so-subtle attack on gays or anyone else with whom any businessman deems a threat to his or her definition of marriage.

So, after eight addresses to the legislature, Jindal has yet to address any of the issues like inadequate health care, violence, poverty, pay disparity or equal pay for women, increasing the minimum wage, poor business climate (his rosy claims notwithstanding), our highway system (we didn’t mention that, but we are the seventh-worst state in which to drive, with the 15th-highest auto fatality rate), or our having the highest incarceration rate in the world.

Instead, the thrust of his address is aimed at Common Core—he called it federal control even though Common Core was devised by the nation’s governors and not the federal government—and something called the “Marriage and Conscience Act.”

And he expects those two issues, along with something he calls “American Exceptionalism,” to thrust him into the White House as leader of the free world.

And, of course, attacking national Democrats like Obama and just today, Hillary Clinton, on her claim of having immigrant grandparents. Jindal, of course, wants exclusive rights to that claim and says so with his oft-repeated platitude: My parents came to this country over 40 years ago with nothing but the belief that America is the land of freedom and opportunity. They were right. The sad truth is that the Left no longer believes in American Exceptionalism.”

Well, to tell the truth, if Bobby Jindal is the example—the standard-bearer, if you will—for what is considered “American Exceptionalism,” then frankly, we don’t believe in it either.

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Dr. Randall M. Wilk operates a medical practice in Gretna dedicated to the surgical treatment of diseases in the head and neck. http://www.drrandallwilk.com/#

Approximately 25 percent of his patients are cancer sufferers. Licensed to practice medicine in the state of Louisiana (License No. MD022962), Wilk earned his medical degree from the LSU School of Medicine in New Orleans. He did his general surgery training at the Ochsner Medical Institutions and did his head and neck surgery training in Portland, Oregon.

He also has a Ph.D. in anatomy from LSU and a DDS from the Baylor College of Dentistry and has a certificate in oral surgery.

But even though he does not operate a dental facility, that DDS degree has cost him more than $100,000 in legal fees because of the heavy-handed tactics of the Louisiana State Board of Dentistry which carried its badgering of Wilk all the way to the floors of the Louisiana House and Senate.

“Since graduating from dental school 25 years ago I have never filled a tooth, made a denture, made a crown, cleaned teeth, restored a tooth, or anything that one would consider a dental practice,” Wilk says, adding that he went “from graduating dental school in 1987 to starting graduate school” that same year.

Wilk noted that the dental board, in its 2009 financial statement, reported a loss to the Department of Health and Hospitals (DHH) of more than $60,000 and that the only plan put forth for managing that loss was “higher revenue from the collection of fines.”

Within weeks of that report, Wilk said, “I received a letter from the board sating that they had received a complaint on me from a Camp Morrison.”

Morrison, a private investigator, has worked for the board for numerous years under a series of contracts totaling more than $1 million. Moreover, even though he is an independent contractor, he is given free office space in the board’s suite at the high-rent One Canal Place office building in New Orleans.

Dating back to 1997, Morrison was issued nine consecutive contracts totaling more than $1.8 million. Most of his contracts were for two-year durations. His first, from March 1, 1997 to Feb. 28, 2000, was for $45,000. But from Sept. 1, 2000, through Aug. 31, 2002, his contract more than trebled, to $150,000 and increased again to $200,000 with his next contract which ran from Sept. 1, 2002 through Aug. 31, 2004.

Beginning on Sept. 1, 2004, he was awarded four consecutive two-year contracts of $240,000 each. Those four contracts combined to run through Aug. 31, 2012.

For whatever reason, on Sept. 1, 2012, the board cut his contract back to nine months and $110,000 but when that pact expired on June 30, 2013, he was issued a new contract, this one for three years, from July 1, 2013 through June 30, 2016, for $340,000.

Wilk said he was told that Morrison had reported to the board “that they had no record of me having an anesthesia permit from the dental board in 2007, that they had no record of me having a certificate in oral surgery, and that I was suspended from the Medicaid and Medicare programs.

“All of those are false statements,” he said, but the board refused to produce a copy of Morrison’s report. “I believe that filing a false report is a crime.”

Wilk said a meeting was scheduled and at that meeting two board members said they wanted him to sign a consent decree and to pay the board $5,000.

When Wilk said he had no intention of signing anything without first having his attorney examine the document, they left the room for a short time and returned with an adding machine “and told me that if I did not sign the document right then and there, that they could levy fines of over $100,000.”

He said the two handed him the adding machine tape “and placed the consent decree in front of me. For those familiar with the Godfather movies, the only thing missing was Luca Brassi with a pistol to my head.” He said a board member said it appeared that he (Wilk) felt his medical degree was more important than his dental degree.

“This was a pure and simple shakedown,” Wilk said.

He said it’s not unusual for medical specialists to obtain a dental degree prior to going to medical school and residency. “In the state of Louisiana, dozens of doctors are in this position. At least half-a-dozen are otolaryngologists, several are plastic surgeons, general surgeons, head and neck surgeons, orthopedic surgeons, gastroenterologists, anesthesiologists, even psychiatrists.

“Having a dental degree does not make your medical practice a dental practice,” he said.

Apparently the dental board and its investigator, Camp Morrison, disagree. Here are minutes of a 2011 dental board meeting at which Wilk’s case is discussed. DENTAL BOARD MINUTES MAY 20, 2011 (bottom of page 14)

Moreover, the DENTAL BOARD BULLETIN also mentions disciplinary action against Wilk (Item no. 14 in the left column near the bottom of page 3).

Wilk obtained legal counsel but the barrage from the dental board continued “for almost two years,” he said. “They subpoenaed me five times, requested copies of my patient records for several years and required my staff to go over 12,000 records. The final documents sent to them weighed several hundred pounds.

“Despite my being represented by counsel, Mr. Morrison continued to serve me subpoenas, to appear in my office waiting room, the operating room at Ochsner Hospital and at my home,” all the while passing out his cards to people and saying he was the investigator for the board of dentistry.”

Eventually, the board relented somewhat by notifying Wilk’s attorneys that if he paid the board $10,000 the matter would “go away.” Wilk said he feels that such tactics are tantamount to corruption or shakedowns. Again, he refused to pay.

Louisiana Revised Statute 37:793 (H) (2) says:

  • A personal permit is not required when the dentist uses the services of (1) a trained medical doctor, (2) doctor of osteopathy trained in conscious sedation with parenteral drugs, (3) certified registered nurse anesthetist, (4) a dentist who has successfully completed a program consistent with Part II of the American Dental Association Guidelines on Teaching the Comprehensive Control of Pain and Anxiety in Dentistry, or (5) a qualified oral and maxillofacial surgeon provided that the doctor or certified registered nurse anesthetist remains on the premises of the dental facility until any patient given parenteral drugs is sufficiently recovered.

When Wilk’s pointed out that the statute “specifically exempts me from what they are fining me for, their lawyer stated that he will have to ‘get that law changed.’” Wilk said. He said the board, which in 2010 reported an operating loss of $104,000, “held its own trial and fined me and held me for the board’s legal costs, totaling about $100,000.” They are their own judge, jury, and executioners,” he said. DENTISTRY BOARD 2009 FINANCIAL STATEMENT

The board subsequently prevailed on then-State Rep. Herbert Dixon to introduce legislation giving the dental board the necessary leverage to pursue claims against medical practitioners like Wilk who were not practicing dentists.

Wilk was scheduled to testify in committee against Dixon’s bill, HB 172, at 10 a.m. on May 15, 2012 but upon arriving, learned that the bill had been moved up to first on the calendar and had already been discussed and passed by the committee. It subsequently passed unanimously in both the House and Senate, yet more evidence that legislators often pass bills without really knowing what they contain or the implications of the language.

Wilk said that State Sen. David Heitmeier (D-New Orleans) had a discussion with Peyton Burkhalter, who had by then succeeded Barry Ogden as executive director of the board, and that Burkhalter had assured Heitmeier that the board had decided to drop the charges against Wilk. “He said that Mr. Morrison’s Gestapo tactics would end,” Wilk said.

State Sen. Fred Mills (R-Breaux Bridge) told LouisianaVoice on Thursday that he and former House Speaker Jim Tucker (R-Terrytown) had experienced clashes with the board in the past. “They’ve got some problems with that board,” he said, “and I believe the answer in the end will be the establishment of oversight over them,” he said. “We’ve had to threaten them with legislative action, including replacing the entire board, in order to back them down in the past.”

Wilk said he feels there is outright corruption on the board and that its shakedowns of dentists and non-dentists alike constitutes extortion. “Knowing that no violation of any statute occurred but demanding payment under threat of costly litigation is unethical conduct,” he said.

“I believe that their changing the law was intended to persecute me but also puts many other practitioners at risk. The implications…are far-reaching and as such constitute a restraint of trade. The precedent set by this bill (HB 172) (allows) other boards to reach beyond their jurisdiction. This law does nothing to protect the public,” he said.

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A couple of weeks ago, we received a comment from a reader identifying himself only as “The Truth Man” who proceeded to go on a 128-word tirade against another reader who called himself the “Dental Genie” and gloating over the outcome of the lawsuit of Dr. Randall Schaffer against the Louisiana State Dentistry Board.

Normally, it is the policy of LouisianaVoice to protect the identities of those commenting on our stories. We take the position that if they do not wish to divulge their real names, there must be a legitimate reason. Often, that reason is that the writer is a state employee who would fear for his job should his name be revealed.

But when the writer turns out to be the former director of the state board that was being sued by Dr. Randall Schaffer and when that writer attempts to color the results of the legal action in the board’s favor, we take the position that he is waiving his anonymity. He is, after all, a very public figure, retired or not.

Barry Ogden, former director of the Louisiana Board of Dentistry, was referring to Schaffer’s lawsuit against the board after the board turned on him for blowing the whistle on a defective joint replacement device for temporomandibular jaw (TMJ) sufferers by the head of the LSU School of Dentistry’s Oral and Maxillofacial Surgery Department in the mid-1980s. http://louisianavoice.com/2014/03/11/from-protecting-their-own-to-persecution-of-a-whistleblower-its-all-part-of-the-bureaucratic-shuffle-by-state-dental-board/

Schaffer who was a resident at LSU at the time, became aware of the negative effects to patients receiving the implants and when he was named as a witness and consultant in the class action cases that ensued, the Board of Dentistry immediately launched an investigation and ultimately revoked his license to practice dentistry.

Schaffer sued the board and moved to Iowa where he worked as a consultant and expert witness in legal matters involving dental malpractice. His case wound its way slowly through the courts, as legal cases always do, running up tremendous costs in the process. Meanwhile, Schaffer was forced to undergo bypass surgery and the combination of medical problems and legal costs left him with no choice but to allow his case to abandon.

Thus, he did not “lose” his case; it was dismissed because of the aforementioned reasons. “I simply could not afford to keep feeding the (legal) beast,” Schaffer said. “It has cost me more than $100,000 and it broke me.”

Ogden’s misleading and less than gracious rant led to several email exchanges between LouisianaVoice and Ogden. We first reminded him that the dismissal of Dr. Randall Schaffer’s case was not based on the merits of the case, but upon extenuating circumstances—money and health. We also reminded him that there are other lawsuits pending against the board and that state agencies have—and are continuing to—investigate tactics by the board and its contract investigator Camp Morrison, who inexplicably was given free office space in the Dental Board’s suite, paid for by taxpayers.

“Are you going to print my comment or not?” Ogden replied. “You obviously have made up your mind about me. Everything I said is true and public. Is your blog blocking what you don’t want to hear? I hope you will give myself and the other defendants a fair and balanced report after we prevail in court.”

We promised to publish his comment, but in context with the facts of the Schaffer case and Ogden’s 400-page deposition in another pending legal matter (Dr. Ryan Haygood). “The Schaffer case does not end the legal actions against the Louisiana Board of Dentistry,” we wrote, adding that as long as we were now communicating (we couldn’t get a comment from the board in our original story), “please explain how it is that the private investigator (Morrison) who is (or was) under contract to the board had the luxury of having an office in your office suite.”

Rather than answer that question, Ogden wrote back, “I cannot authorize you to publish my comment until I see how you plan to edit it and in what context. Are you on a witch hunt against the board or are you willing to publish non-biased comments? I do not wish for my comments to be changed. However, you may delete the final sentence admonishing you to know your subject before commenting. Further, do you require that I will only have my comments published if I allow you to controvert them with your own commentary?”

Well, yeah, when we feel it appropriate to clarify certain claims we do reserve that right.

We then asked him to please answer a few simply questions, to wit:

  • Why do you send in people posing as patients with the express purpose of setting these dentists up?
  • How is it that many of the dentists penalized with the board just happen to be in competition with board members?
  • How do you justify levying a fine of say, $2,000 and when the dentist refuses, you suddenly hand him a bill for $100,000?
  • How can you justify the board serving as accuser, prosecutor and judge? That makes it impossible for a dentist to receive a fair hearing.
  • When the U.S. Constitution says that everyone accused of wrongdoing is innocent until proven guilty, how is it that a dentist first learns of his “guilt” upon receiving notification of his fine?

We wrote that we had other questions, but unless he could address those satisfactorily, we could see no reason for further discussion. “You answer these and we can talk further,” we said.

“All I was attempting to do in my first comment,” he replied, “was to set the record straight, as I have been fed up with the  lies being said about the board and, in fact, all the horse manure thrown at us by you which you believed from the start… Now you wish me fill in the blanks in your next story which you have probably already written. I see no use in further communication, especially on matters in litigation. You are attempting to take advantage of me knowing I cannot answer your questions.

“Therefore, please do not print any of my comments, and let’s call it a day.”

Sorry, Mr. Ogden. That’s just not the way it works. You opened this dialog with your April 3 email to us in which you taunted us about the dismissal of Dr. Schaffer’s case—without revealing the real reasons for the dismissal—and advising us to keep our mouths shut. You offered your remarks as a comment to our story and even asked if we intended to print it before apparently having a change of heart and asking that it not be printed.

Sorry again, but when you want something to be off the record, you preface it that way—up front. You don’t come back after the fact and ask that your ill-advised remarks not be printed.

Accordingly, here is the original comment by Barry Ogden, retired director of the Louisiana State Board of Dentistry (verbatim, as he requested):

  • For all of you who believe the fairy tale told by the dental genie, please be advised that ALL lawsuits filed on Dr. Shaffer’s behalf have been DISMISSED. I guess now you have to complain that both state and federal judges are as corrupted as the dental board. Further, how can anyone make a legitimate comment without looking at both sides? You can obtain a copy of the decision revoking Dr. Shaffer’s license from the dental board. It’s a public record. You may also look up all the lawsuits he has filed in state court and federal court in New Orleans to get the true picture. You know the old saying it is better to keep your mouth shut if you don’t know what you are talking about.

Next, we will examine how the board attempted to revoke the medical license of a New Orleans surgeon who has never even practiced dentistry using highly questionable investigative methods and employing tactics can only be described as extortion.

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Gov. Bobby’s ill-fated, self-serving decision to opt out of a Medicaid expansion for Louisiana is beginning to pay off in an ever-expanding crisis in medical care for the indigent population of Louisiana—on at least two fronts.

An occasional admission of error could go far in establishing a politician’s credibility but it is downright exasperating when this governor is so blind, so stubborn, so obnoxious, so obstinate, so pig-headed, and so disconnected that he cannot bring himself to cross Grover Norquist, the American Legislative Exchange Council, or the tea party—even when his decision endangers the health and even the lives of more than a quarter of a million of his constituents.

http://www.latimes.com/business/hiltzik/la-fi-mh-more-evidence-medicaid-20141027-column.html

Of course it was only a matter of time before the chickens would come home to roost but Gov. Bobby, Timmy Teepell, Kristy Nichols, et al, figured they would long gone and on their way to the White House before the fecal matter hit the oscillating air circulation device.

They were wrong and now they’re covered with the metaphoric filth of their own making with no one to blame but themselves.

The details of the latest developments are so horrific as to defy logic but tragically, they are true.

When Gov. Bobby decided to privatize the state’s charity hospital system (which, by the way, accounts for most of the state employee cuts he loves to crow about on Faux News, in his op-ed pieces, and speeches to his right-wing zealot faithful), he closed Earl K. Long Medical Center (EKL) in Baton Rouge.

That, of course, forced many low-income residents in the northern part of East Baton Rouge Parish to go to Baton Rouge General’s Mid-City medical center for emergency room treatments.

The only problem with that was Gov. Bobby had entered into a cooperative endeavor agreement with Our Lady of the Lake (OLOL) in south Baton Rouge. Consequently, OLOL was—and is—one of only two facilities in East Baton Rouge Parish receiving payments from the state. The other is Woman’s Hospital. Neither of the Baton Rouge General facilities (Mid-City and Bluebonnet), Ochsner Medical Center, nor Lane Memorial in Zachary received a dime from the state.

Because of that, Baton Rouge General recently announced that its Mid-City facility would cease operating its emergency room, effective March 31, because of the financial strain placed on it by the overflow from EKL.

When Gov. Bobby announced the cooperative endeavor agreement with OLOL in January of 2010, he was quite specific in saying the agreement to pay OLOL something on the order of $34 million ($14 million as per the agreement, plus the $24 million already appropriated for the LSU Medical Center which previously had trained its residents at EKL; some estimates put the state’s payments as high as $100 million) would “improve and expand access to health care services for the poor and enhance graduate medical education for Louisiana’s doctors, nurses and health care professionals.” (Emphasis ours.) http://dhh.louisiana.gov/index.cfm/newsroom/detail/88

Moreover, the cooperative endeavor agreement with OLOL says on pages 7 and 8:

  • WHEREAS, LSU is obligated by Louisiana law to provide free or reduced cost care to certain patients who qualify for such care;
  • WHEREAS, the State’s purpose of this initiative, which is recognized by OLOL and LSU, is to provide Medicaid recipients with integrated, coordinated care, management of chronic disease, improvement in access to preventive and diagnostic services for children and adults, improve recipient satisfaction with access to care and the care experience and provide the State with improved budget predictability;
  • WHEREAS, in the interest of advancing the State’s goal of improving integration and coordination of health care services for the low-income populations, and recognizing the opportunity presented by the integration of outpatient and community-based services provided by LSU, inpatient and outpatient services provided by OLOL, and a payment mechanism being made available by DHH (Department of Health and Hospitals) that integrates all services through a prepaid model, the State, OLOL, and LSU intend to participate as a coordinated care network within Medicaid as proposed by DHH;
  • WHEREAS, in order to successfully meet their respective purposes, OLOL, LSU, and the State intend to enter into this public/private collaborative whereby certain residency positions in the LSU GME (Graduate Medical Education) programs and patient care services will be relocated to the OLOL campus. (Emphasis ours.)

Click here to read the CEA.

But wait. Could there be a loophole in that agreement?

Apparently OLOL thinks so.

LouisianaVoice has learned that OLOL is taking the position that its only obligation under terms of the now infamous cooperative endeavor agreement is for residency training of LSU medical students. Apparently care for the indigent is off the (examination) table.

That should come as no surprise. After all, OLOL had already dug in its heels and had begun refusing to take indigent transfers from Baton Rouge General Mid-City’s emergency room if they were not already in the LSU system—and some, apparently, who were.

Woman’s also is refusing to take indigent patients.

Of course, it was also to the state’s advantage that OLOL and Woman’s not treat indigent patients or accept indigent transfers from Baton Rouge General because as long as those patients never see the inside of the OLOL emergency room or Woman’s treatment center, the state does not have to pay for their treatment (as in the decision to lower health insurance premium rates for state employees—not so much to help the employees as to lower the state’s premium share which in the long run only resulted in the depletion of Group Benefit’s $500 million reserve fund. Are we seeing a pattern here?).

All of which raises the obvious question: could all this be by design?

Obviously, no one would admit to any conspiracy.

But how could OLOL refuse indigent patients if it is the only facility in East Baton Rouge Parish receiving payments from the state for treating indigent patients?

Good question and the answer to that goes a long way in the decision by Baton Rouge General to shut down its Mid-City emergency room, leaving indigent patients with no apparent place to go for emergency treatment—in flagrant violation of clause in the agreement that says the state is obligated by Louisiana law to provide free or reduced cost care to certain patients who qualify for such care.” (Emphasis ours.)

Sometimes those WHEREASes can come back to bite you.

LouisianaVoice also has learned that Gov. Bobby’s latest round of budget cuts may have figured in the decision by Children’s Hospital in New Orleans to delay taking over operations of the state’s new billion-dollar University Medical Center New Orleans (UMCNO) from May 15 to at least August. http://www.umcno.org/about-us

Gov. Bobby’s budget cuts, necessitated mainly by his squirrely fiscal policies, leaves all of the LSU hospitals across the state woefully short of the funding needed to keep them open under the various agreements the state has entered into with private hospitals for their management. http://theadvocate.com/news/11751470-123/state-hospital-operators-say-jindal

In the case of UMCNO, built to replace the old Big Charity that was destroyed by Hurricane Katrina, the state is coming up $88 million short of needed funding, according to Children’s CEO Gregory Feirn.

“If the state does not restore the funding, then the state is deciding not to allow for care for the people of New Orleans, deciding not to open their state-of-the-art facility that is nearly finished and striking a crippling blow to medical education in Louisiana,” he said in a prepared written statement.

Strong words indeed, but then Gov. Bobby long ago, with his decision to opt out of the Medicaid expansion, made that decision.

Rep. Walt Leger (D-New Orleans), House Speaker Pro Tem, was especially critical of Gov. Bobby. “The budget is in such a mess,” he said. “We keep hearing from (Commissioner of Administration) Kristy Nichols that they are in negotiations to work matters out.

“We expect to operate a world-class facility that we invested a billion dollars in but now we learn that the date for Children’s Hospital to take it over has been pushed back,” he said.

State Treasurer John Kennedy, appearing on a New Orleans radio talk show, said the news concerned him. “Feirn is a very able administrator and I think they’ll be able to manage that facility better than the state could. We’ve invested and we’ve got to make that facility work. We do not have a choice,” he said. http://www.wwl.com/Garland-Is-the-University-Medical-Center-ready-to-/10773584?pid=461170

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