Feeds:
Posts
Comments

Archive for the ‘Auditor’ Category

For an agency with an annual budget of about $1 million, the Louisiana Physical Therapy Board has taken little initiative in protecting patients from therapists with histories of substance abuse, sexual abuse, billing issues and even practicing without a license.

That is the conclusion of an audit of the agency released this week by Legislative Auditor Daryl Purpera’s office. (Read the full audit report HERE.)

The audit report also found that of 4,857 physical therapists licensed in Louisiana since 2010, fully 78.1 percent (3,791) had never undergone background checks as required by state law.

That’s because even though state law granted LPTB the authority to conduct background checks on new applicants in January 2010, the checks were not undertaken until January 2016—six years after the law went into effect.

During the fiscal years 2015 through 2019, the LPTB received 169 complaints containing 200 allegations that took an average of 120 days to resolve. LPTB, the audit noted, has never established timeframes for how long it should take to investigate complaints and to issue disciplinary actions. Investigation times ranged from one day to more than a year, the report said.

State law granted LPTB authority to conduct background checks on applicants upon initial licensures in January 2010 but did not begin actually conducting the checks until January 2016. “As a result, as of October 2019, 3,791 (78.1 percent) of 4,857 current licensees who were licensed prior to January 2016 did not receive background checks,” the audit report said.

Moreover, LPTB “is not required to inquire of the National Practitioner Data Bank (NPDB) prior to issuing or renewing licenses, so it may be making decisions without important disciplinary information on potential applicants from other states,” it said.

LPTB failed to report all adverse actions to the NPDB in fiscal years 2015 through 2019 as required by federal regulations, the audit said. “We found that LPTB did not report 29.7 percent (27 of 91 actions issued involving 46 licensees to the NPDB within 30 days,” auditors said.

“LPTB took an average of 222 days to report these 27 actions…ranging from 42 days to more than two years. The nature of these cases included sexual misconduct, substance abuse, criminal convictions, and fraud.

Auditors suggested possible a legislative remedy to at least one shortcoming. Because current procedures allow for background checks on only new applicants, the report said, “The legislature may wish to consider amending (state law) to require LPTB to conduct background checks on all applicants, including renewing applicants and reinstatements.”

 

Read Full Post »

Eight Louisiana towns, each in a separate parish, may be on the brink of having to shut down basic operations because of significant debt, insufficient utility rates and/or loss of a major industrial taxpayer, according to the Legislative Auditor’s Office.

Additionally, four municipalities, are facing serious concerns of operation of their rural water infrastructure systems. One of those is facing the double whammy of concerns about both ongoing operations and about its rural water system.

The 11 are among 18 considered by the state auditor’s office as being “fiscally distressed municipalities, including three whose latest financial statements indicate a negative fund balance.

Those over which the auditor’s office issued a concern for ongoing operations and their parishes include:

  • Grambling (Lincoln);
  • Tallulah (Madison);
  • Baldwin (St. Mary);
  • Basile (Evangeline);
  • Lake Providence (East Carroll);
  • Newellton (Tensas);
  • Washington (St. Landry), and
  • Epps (West Carroll).

Baldwin was also among four municipalities about which concerns were raised over rural water infrastructure committees. Others with rural water infrastructure concerns were:

  • Melville (St. Landry);
  • Tullos (LaSalle), and
  • Powhatan (Natchitoches).

Vidalia in Concordia, Winnsboro in Franklin, and Waterproof in Tensas were also flagged over concerns that their latest financial statements indicate a negative fund balance, or deficit.

Additionally, auditors could not issue an opinion for the most recent year for LeCompte in Rapides Parish and a fiscal review committee is monitoring the town of Clinton in East Feliciana Parish.

The auditor’s office was unable to issue an opinion for the most recent year for the towns of Ball in Rapides Parish and Jonesboro in Jackson Parish.

Legislative Auditor Daryl Purpera said the purpose of the list was to provide the public and elected officials at the state and local levels notice of the municipalities’ financial plights so that remedial measures could be undertaken.

“Our goal is to work with each municipality’s elected officials and to provide recommendations to place the municipality on a path to fiscal stability,” the Baton Rouge Business Report quoted Purpera as saying.

Read Full Post »

I hadn’t visited John Wayne Culpepper’s Lip-Smackin’ Bar-B-Que Hut, House of Prayer, Used Light bulb Emporium and Snake Farm up in Watson for quite a while, but I found myself in need of a little counseling from Harley Purvis, so I dropped by earlier this morning.

Harley, in case you don’t remember, is my longtime friend who also just happens to be president of the Greater Livingston Parish All-American Redneck Male Chauvinist Spittin’, Belchin’, and Cussin’ Society and Literary Club (LPAARMCSBCSLC).

I was in a foul mood as I approached him where he was seated in his customary spot in the booth in the back in the corner in the dark (apologies to the late Flip Wilson) and my mood was not lightened at the sight of a stranger already seated across from my friend and mentor. Harley spotted me and waved me over. “Have a seat. I want you to meet someone.” So, I slid into the booth next to Harley.

“This here’s Jimbo ‘Snake Eyes’ Hampton,” Harley said by way of introduction. We shook hands as the waitress pored me a cup of coffee. I shook hands with him while simultaneously ordering scrambled eggs, country ham and toast.

“What brings you in today?” Harley asked. He knew I rarely came to see him unless I was upset about something.

“Did you see the news last night?” I asked.

“Yep,” he answered. “And I figure you’re pissed that the state ethics board cleared Mike Edmonson of any wrongdoing. That about it?”

“Mostly confused and yes, a little angry,” I replied.

Edmonson’s attorney Gray Sexton, who once headed the Louisiana Ethics Board but who now represents clients before that same board, had told a Baton Rouge television station that his client, the former State Police Superintendent, had been cleared of all wrongdoing and that other agencies investigating Edmonson were dropping their investigations, as well.

“I don’t understand how that could be,” I said. The investigation centered around that trip to San Diego back in 2016 when four troopers drove a state police SUV there, taking side trips to Las Vegas and the Grand Canyon along the way, while charging for overtime they didn’t work. “Back in April 2018, the same ethics board cleared—in secret, I might add—the troopers of any wrongdoing, saying that they were just following orders and had done so with the approval of Edmonson (see that story HERE). But now the board has cleared Edmonson, as well (see that story HERE).

Harley smiled, took a swig of his black coffee and said, “Son, don’t you know that the state police has a whole fleet of them self-drivin’ SUVs? That vehicle obviously drove itself out to San Diego and decided all on its own to take a side trip to Vegas and the Grand Canyon.”

He and Snake Eyes giggled in unison, apparently finding Harley’s explanation amusing. I just looked at both of them. Harley continued, “And them four troopers? Hell, they was hostages an’ couldn’t get outta that vehicle until it stopped at the expensive hotel where they stayed on the trip.” More giggles.

“Well, first of all, I don’t like the ides of Sexton being able to represent clients before the board he once headed,” I said. “He even referred to ‘unsubstantiated’ reports by the media and I can substantiate every single thing I wrote about him. Sexton’s full of crap. And even the state auditor found Edmonson had committed all kinds of violations of state policy.”

LSP AUDIT

AUDIT FINDINGS

“You know as well as I that’s the way they game the system,” Harley explained. “Prosecuting attorneys turn up as criminal defense attorneys and Sexton represents clients before his old board. Judges in cases brought against doctors by the medical board accept campaign contributions from the prosecuting attorneys for the board. Public Service Commission members take contributions from industries they regulate. Same thing for the insurance commissioner getting contributions from insurance companies.”

“But how can the ethics board clear the four troopers AND Edmonson 16 months later? It would seem that somebody would have to fall on their sword.”

“You know the system don’t work that way. They protect theyselves. That’s why they waited 16 months; they figured you’d forget they cleared the troopers after that much time. You think justice is even-handed? Look at ol’ Snake Eyes here. He just got out of prison. Know what he was in for? Tell him, Snake.”

Snake Eyes, a 47-year-old black man, grinned and said, “I was caught with less than three grams of weed. They gave me 13 years but it was reduced to eight years.” (Full disclosure: Snake Eyes is a pseudonym but his story is based on a real person from New Orleans.)

Harley leaned forward and added, “Louisiana ain’t the only place this kind of crap goes on. Remember that case in New Jersey where the judge refused to try a teenage rapist as an adult because he was a Eagle Scout, had good college entry scores and came from a GOOD FAMILY? That Eagle Scout not only raped a girl, but he filmed it and sent the video to his friends.

“And look at Jeffrey Epstein. Back in 2008, he was charged with having sex with underage girls and he got a nice plea deal that gave him 13 months in jail, only he was able to go to his office every day during those 13 months and just stayed in his jail cell at night. And the prosecutor who gave him that deal became Trump’s secretary of labor. An’ Ol’ Snake Eyes here gets eight years for a little pot.

“Then there’s that dentist at the LSU School of Dentistry who blew the whistle on the jaw implants bein’ a health hazard. Did they thank him? Hell, no, they revoked his license and ruined him financially, drove him outta the state, ‘cause he cost LSU money. Problem is, LSU lost more money on the lawsuits from the faulty implants. Same thing for Ivor van Heerden who criticized the Corps of Engineers following Katrina. He posed a threat to LSU federal grants from the Corps, so they run him off, just like they did Steven Hatfill who the FBI named as a person of interest in those anthrax letters even though he had nothing to do with them.

“Here’s another fine example of American justice at its best: The chief deputy of th’ Pima County, Arizona Sheriff’s Department pleaded guilty to laundering half-a-million dollars in RICO funds and got one year’s probation, a $3,000 fine and 100 hours of community service. Half-a-million dollars! And he never spent a day in jail while Snake here gets eight years for a coupla joints wortha weed.”

I started to speak, but he held up his hand. “A Oklahoma woman sold $31 wortha pot and got a 12-year prison sentence. Over in Mississippi, a man wanted the land his neighbors owned, so he instigated charges against the entire family after their son was caught cultivating marijuana on the man’s land. Police tore up their home, seized all the money they had, including the children’s piggy banks and a 90-year-old relative’s social security check. A year later, they raided the home again, arresting the entire family. The daddy got 26 years, the mama got 24 years and all four children received sentences of three to 15 years.

“The LSU fraternity members who were implicated in the binge drinking death of Max Gruver, meanwhile, got 30 DAYS in jail. They had the same lawyer who got Iberia Parish Sheriff Louis Ackal off after Ackal had several prisoners die in his custody. But Snake here gets eight years an’ he ain’t hurt nobody.

“And did you know that in Louisiana, if you steal a cell phone, you can get up to six months in jail but if you unknowingly buy a stolen cell phone, you could get up to 10 years for possessing stolen property?”

Harley and Snake Eyes exchanged knowing glances before Harley spoke again. “Son, you set the bar way too high for guvmental ethics. But the sad part is Louisiana ain’t unique. We’re actually pretty typical across the board.

“Jes’ remember the real Golden Rule: Them what has the gold makes the rules. An’ that goes double for the Louisiana so-called ‘Ethics’ Board.”

Read Full Post »

Editor’s note: Last year, LouisianaVoice published a couple of stories about the indictment of Iberia Parish Clerk of Court MIKE THIBODEAUX and the political circus that seems to be the norm for Iberia Parish. The 14-count indictment followed a 2016 investigative AUDIT by the Legislative Auditor’s office. Coming two years after the audit, the indictment would appear to be politically motivated by Thibodeaux’s FIRING of parish Assessor Ricky Huval’s son, Ryan Huval. Ricky Huval’s daughter, Rachael, it turns out, is employed by District Attorney Bofill Duhé, who brought the indictment against Thibodeaux. The excessive bail set by the presiding judge would, in itself, indicate the extent to which favoritism and cheap political theater are very much in play in Iberia Parish.

Bob Mhoon, a native New Iberian now living in Arlington, Texas, penned a letter to the editor of the local newspaper. But the Daily Iberian has appeared somewhat reluctant to publish his letter, so LouisianaVoice is doing so here.

In June of 2018 the headline was “Thibodeaux indicted.” “charges include racketeering, theft, malfeasance in office.”

Most everyone knows Mike Thibodeaux and, for the most part, they are happy with his exemplary accomplishments during twenty-two years in office. I’ve read the charges and studied the detailed audit upon which they are based. The audit and the Clerk of Court’s response to detailed findings were presented to the parish council and accepted without concern.

One of the major responsibilities of the Clerk of Court and his Chief Deputy Clerk of Court is to continually update their knowledge of all applicable laws and policies, including the periodic changes that must be added to internal policy manuals.  Interestingly, all past audits and corrective responses to items flagged were satisfactory.

What happened next? The state auditor requested a State Police investigation and that report was forwarded to the district attorney. His decision was to present to the grand jury which found charges were appropriate and Mike was formally charged.

What was the impetus for criminal charges? According to Louisiana State Auditor records, a formal complaint was made to their office by the ex-Chief Deputy Clerk of Court; someone equally responsible for managing the department during past audits. Retribution?

Not a single penny of parish money was misappropriated by the Clerk of Court or his office. True, funds were moved between accounts; simply because that was how it was always done. These oversights were quickly corrected before the charges were initiated.

The Clerk of Court was shocked when he was indicted and the judge set bail at $200,000. In setting bail the court considers; severity of charges, the likelihood of jail, and defendant’s community ties. The last factor alone should have negated all others. The likelihood of him fleeing charges is infinitesimal.  His entire life has been in New Iberia with a loving family, and a lengthy, exemplary, career in local government. The bond was excessive!

How does favoritism come into play? I reviewed a number of Louisiana Legislative Auditor cases involving functions of the governor’s office. No one involved in these oversights was charged with any crimes!

Here is clear evidence of unfairness and favoritism. Homeland Security Finding. We identified 81 reimbursement requests where $3,309,036 (31.89%) worth of expenses were not supported by sufficient documentation. March 31, 2008, through December 31, 2016, we analyzed expense reimbursements totaling $925,837,580. We noted exceptions totaling $250,074,672 (27.01%). Louisiana Governor’s Office of Homeland Security and Emergency Preparedness worked with the subgrantees to resolve $134,830,335 (53.92%) of the exception amount. Louisiana Department of Health; did not deposit approximately $2.8 million into the Fraud Fund between fiscal years 2012 and 2017 in accordance with state law. (Amount: $2,797,768), LDH incorrectly deposited $323,570 into the Medicaid Fraud Fund in fiscal year 2012 that should have been deposited into the Nursing Home Residents’ Trust Fund. (Amount: $323,570). Lastly, LDH spent $642,593 from the Medicaid Fraud Fund in fiscal year 2012 on software that could not be implemented due to system compatibility issues. (Amount: $642,593) There are hundreds more similar discrepancies available on the LLA website.

Mike has steadfastly supported the community and now desperately needs your help.  Make a quick phone call to the DA, expressing support for Mike. After seeing the Governor’s disorganization and auditor favoritism, Bo Duhe needs to exercise compassion and immediately drop the charges to free Mike from the unfair burden. Having to defend himself against unwarranted charges while paying an attorney large sums of money is simply wrong.

Why is the governor’s organization exempt from the law?

Bob Mhoon

Arlington, TX

 

Read Full Post »

The Louisiana Legislative Auditor’s office, as required by law, issued its Report on Fiscal Deficiencies, Inefficiencies, Fraud, or Other Significant Issues Disclosed in Governmental Auditors for the first quarter of Fiscal Year 2019 last October.

And now, six months down the road, it’s a pretty good bet that no more than a handful of legislators, at best, have even glanced at the five-page REPORT that nine state agencies and one local agency for 17 deficiencies or irregularities totaling more than $245.7 million. Some of the deficiencies reported go back as far as 2008.

In fact, the smart money says that no more than a half-dozen of the 28 House members and 19 Senators who comprise the Joint Legislative Committee on the Budget have even picked up a copy of the report.

After all, there are campaign funds to be raised and lobbyists to be kept happy and one must have priorities.

And these are the ones who are charged with watching the purse strings on the state budget:

Joint Legislative Committee on the Budget (JLCB)

HOUSE
Henry, Cameron                           Chairman                          
Abraham, Mark                           Member                          
Abramson, Neil C.                           Member                          
Amedée, Beryl                           Member                          
Armes, James K.                           Member                          
Bacala, Tony                           Member                          
Bagley, Larry                           Member                          
Berthelot, John A.                           Member                          
Billiot, Robert E.                           Member                          
Carter, Gary                           Member                          
Chaney, Charles R.                           Member                          
Edmonds, Rick                           Member                          
Falconer, Reid                           Member                          
Foil, Franklin J.                           Member                          
Harris, Lance                           Member                          
Hodges, Valarie                           Member                          
Leger, Walt III                           Member                          
McFarland, Jack                           Member                          
Miguez, Blake                           Member                          
Miller, Dustin                           Member                          
Pylant, Steve E.                           Member                          
Richard, Jerome                           Member                          
Simon, Scott M.                           Member                          
Smith, Patricia Haynes                           Member                          
Zeringue, Jerome                           Member                          
Jackson, Katrina R.                           Interim Member                          
Stokes, Julie                           Interim Member                          
Barras, Taylor F.                           Ex Officio                          

 

SENATE
LaFleur, Eric                           Vice Chair                          
Allain, R. L. Bret                           Member                          
Appel, Conrad                           Member                          
Barrow, Regina                           Member                          
Bishop, Wesley T.                           Member                          
Donahue, Jack                           Member                          
Fannin, James R.                           Member                          
Hewitt, Sharon                           Member                          
Johns, Ronnie                           Member                          
Martiny, Daniel R.                           Member                          
Morrell, Jean-Paul J.                           Member                          
Tarver, Gregory                           Member                          
White, Mack “Bodi”                           Member                          
Chabert, Norbèrt N. “Norby”                           Interim Member                          
Morrish, Dan W. “Blade”                           Interim Member                          
Thompson, Francis C.                           Interim Member                          
Walsworth, Michael A.                            Interim Member                          
Alario, John                            Ex Officio                          
Long, Gerald                           Ex Officio                    

 

I base my opinion on the premise that had any of them read the report, they would—or should—be raising holy hell over such things as:

  • For the sixth consecutive report, the Department of Environmental Quality has not fully implemented effective monitoring procedures over the Waste Tire Management Program (WTMP) to ensure that waste tire date used to calculate subsidized payments to waste tire processors is reasonable. “We first reported weaknesses in controls over payments to WTMP processors in our engagement that covered fiscal years 2008 and 2009,” the report says. For the period from July 1, 2007, through June 30, 2017, DEQ paid out $99.4 million in subsidies to six waste tire processors.

Other major deficiencies cited included:

Governor’s Office of Homeland Security and Emergency Preparedness (Hazard Mitigation):

  • Expense reimbursements not supported by invoices, receipts, lease agreements, contracts, labor policies, time records, equipment logs HUD settlement statements, appraisals, elevation certificates, duplication of benefits verification, engineer plans inspection photographs or other documentation: $1.8 million;
  • Contracts and purchases did not comply with applicable federal and state procurement requirements: $1.47 million.

Governor’s Office of Homeland Security and Emergency Preparedness (Public Assistance):

  • Completed work not within the scope of an approved project: $2.3 million;
  • Expense reimbursements not supported by invoices, receipts, lease agreements, contracts, labor policies, time records, equipment logs, inventory records or other documentation: $40.1 million;
  • Contract and purchases did not comply with applicable federal and state procurement requirements: $11.95 million;
  • Work reflected in the expense reimbursements did not comply with applicable FEMA regulations: $9.4 million;
  • GOHSEP’s cost estimating tool and/or expense review form either omitted or contained duplicate and/or incorrectly categorized expenses: $956,000.

Attorney General:

  • The AG did not deposit money into the Fraud Fund in fiscal year 2016 in accordance with state law: $713,000.

Louisiana Department of Health:

  • LDH did not deposit money into its Fraud Fund between fiscal years 2012 and 2017 in accordance with state law: $2.8 million;
  • LDH incorrectly deposited money into the Medicaid Fraud Fund in fiscal year 2012 that should have been deposited into the Nursing Home Residents’ Trust Fund: $323,000;
  • LDH spent money from the Medicaid Fraud Fund in fiscal year 2017 for salaries that do not appear to meet the intended purpose of the Fraud Fund: $477,000;
  • LDH spent money from the Medicaid Fraud Fund in fiscal 2012 on software that could not be implemented due to system compatibility issues: $643,000.

Coastal Protection and Restoration Authority (Oil Spill):

  • Amounts requested/invoiced not supported by invoices, receipts, lease agreements, contracts, labor policies, time records, equipment logs

It’s somewhat puzzling when people like Reps. Cameron Henry (R-Metairie) and Taylor Barras (R-New Iberia) try to fight the governor’s budgetary proposals at every opportunity (including his attempt to increase teachers’ pay) but you never hear a peep out of them about a paltry $245 million.

And Henry just happens to be chairman of the JLCB and Barras just happens to be Speaker of the House.

As our late friend, C.B. Forgotston was fond of saying, “You can’t make this stuff up.”

 

 

Read Full Post »

Older Posts »

%d bloggers like this: