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Archive for the ‘Civil Service’ Category

Thursday’s scheduled joint meeting of the House Appropriations Committee and the Senate Finance Committee to consider the approval for Blue Cross/Blue Shield of Louisiana to take over the Office of Group Benefits (OGB) Preferred Provider Organization health coverage has been scrubbed.

The reasons for cancelling Thursday’s meeting vary, depending upon who is doing the explaining.

Appropriations Committee Chairman Rep. Jim Fannin (D-Jonesboro) said that he and Senate Finance Committee Chairman Jack Donahue (R-Mandeville) agreed late Wednesday morning to remove the OGB item from the agendas of the joint meeting.

“We just got the contract (with BCBS) yesterday and we need to give people an opportunity to look at it,” said Fannin, who added that the contract was nearly 80 pages.

Fannin, who supports the privatization, admitted the vote count was close but insisted that wasn’t the reason for postponing action.

State Rep. Katrina Jackson, a member of the Appropriations Committee who opposes the contract, however, interpreted the cancellation differently.

“I believe that the cancellation of this meeting indicates the legislature’s willingness to exert independence as a separate and equal branch of government,” she said, adding that she was certain that the administration would continue to apply pressure on members of both committees to come up with the needed votes.

Fanning should have gotten with the governor’s office and gotten their stories together. The two versions don’t mesh.

The word out of the governor’s office was that it has the votes already but that certain key members were scheduled to be out of town Thursday so the meeting needed to be re-scheduled.

That claim can probably be taken with a grain of salt. This is the same administration that insisted it took no active part in the day to day operations of LSU but yet insisted on reviewing any public records relative to the LSU Health Services prior to their release to Capitol News Service.

A more likely scenario is that Gov. Piyush Jindal’s staff members can count.

They saw that the votes (a simple majority is needed to approve the privatization) were not there and like NASA, aborted the mission.

For now.

Members of both committees were being lobbied heavily by both sides late Wednesday in the final hours before the meeting was finally cancelled. It’s a certainty that the pressure on the committee members will not abate—especially from the governor’s office. This is a must-win for him.

The original number of OGB personnel expected to lose their jobs with the BCBS takeover was 177 but some have already retired or found other jobs. That number is now about 150.

An important twist to the story involves the proposed layoffs. The Division of Administration is scheduled to submit a layoff plan to the Civil Service Commission in next few days but no layoff plan may be considered by the commission without an approved contract with Blue Cross/Blue Shield (BCBS).

Without the concurrence of the two committees, however, there can be no approved contract and thus, no layoff plan.

The privatization plan (but not the layoff plan) was approved by the Civil Service Commission in August but State Rep. Katrina Jackson (D-Monroe) requested and got an attorney general’s opinion that said the administration must obtain the concurrence of the legislature to finalize the transfer.
BCBS already serves as the third party administrator (TPA) for OGB’s HMO program.

OGB has accrued a fund balance in excess of $500 million over the past six years since Tommy Teague took over as director of OGB. But he was fired on April 15, 2011 when he did not get on board the Jindal privatization plan quickly enough. His successor lasted only six weeks before he, too, was gone.

Jindal has claimed that a private TPA would be able to run the various health and life insurance plans of about 225,000 state employees, retirees and their dependents.

A Legislative Auditor’s report, however, said that privatization could lead to increased health insurance premiums because of a private insurer’s higher administrative and marketing costs, its requirement to pay taxes on income and its need to realize an operating profit. The state does not pay taxes nor is it required to turn a profit.

The Jindal administration has employed tactics bordering on the clandestine in efforts to shore up its position. At one point it even refused to release a report by New Orleans-based Chaffe & Associates with which it contracted to determine the “fair market value” of OGB’s business.

When a copy of the report was released, however, questions arose immediately because of conflicting dates given by the Division of Administration (DOA) as to its receipt date and by the fact that none of the pages of the report was date-stamped.

DOA routinely date stamps every page of documents it receives to indicate the date and time the documents were received.

This led to speculation that there may have been two Chaffe reports. Even so, the one that was leaked to the Baton Rouge Advocate said that a private insurer would be required to build in the extra costs of taxes and profits when setting premiums.

Much of the reason for the closer-than-expected vote may have to do with growing resentment on the part of legislators who have seen hospitals and/or prisons closed in their districts, actions they say were taken by the administration without the benefit of giving lawmakers a heads-up.

Jindal, in closing prisons and hospitals, has done so while leaving it up to area legislators to try and explain to constituents why they will be out of work or why health care will be either cut back or unavailable.

Only this week, notices went out to 41 employees at E.A. Conway Hospital in Monroe that they would no longer be employed after Nov. 30—just in time for the Christmas holidays. Twenty-five of those were nurses.

Similar cutbacks have taken place at health care facilities all over the state and in August, Jindal abruptly announced the closure of Southeast Louisiana Hospital in Mandeville, effective this month, throwing some 300 employees out of work.

Moreover, with the earlier closure of a mental health facility in New Orleans, the entire area of Orleans, Jefferson, Plaquemines, St. Bernard, Tangipahoa, Washington and St. Tammany will be without access to mental health treatment at a state facility.

“The Office of Group Benefits does not cost the state any money,” Jackson said. “It is a healthy plan that has always remained viable while offering …excellent health care benefits.

“Our research has revealed that more than $70 million of the existing OGB surplus (more than $500 million) would be used to effectuate this privatization,” she said.

“The governor’s office claims that the state will realize $20 million in savings. However, this claim came without any supporting documentation even after numerous requests for that documentation.

“OGB’s administrative costs are 2 percent while the industry standard for private insurers is 6 percent. It seems that, at some point, it (the privatization) would actually cost the state additional money,” Jackson said.

http://house.louisiana.gov/H_Cmtes/H_Cmte_AP.asp

http://senate.legis.louisiana.gov/Finance/Assignments.asp

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“I believe I’d have a coronary if they went against the governor on this.”

—A longtime political observor, commenting on the upcoming joint meeting of the House Appropriations and Senate Finance committees to consider Gov. Piyush Jindal’s proposed privatization of the Office of Group Benefits (OGB).

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Members of the House Appropriations Committee and the Senate Finance Committee were being lobbied heavily by both sides on Wednesday in the final hours leading up to Thursday’s joint committee meeting to consider the privatization of the Louisiana Office of Group Benefits (OGB).

State Rep. Katrina Jackson (D-Monroe) said on Wednesday that she was concentrating on members of the House Appropriations Committee “because the concurrence of both committees is required.”

She said by mid-morning there appeared to be four undecided votes on the House committee.

“We need two votes,” she said, to block the move by Gov. Piyush Jindal. “Neither side can say it has the votes,” she added.

For those who might be interested in getting in their two-cents worth, here are the links to the names, phone numbers and email addresses for the members of each of the committees:

http://house.louisiana.gov/H_Cmtes/H_Cmte_AP.asp

http://senate.legis.louisiana.gov/Finance/Assignments.asp

The privatization, which would have Blue Cross/Blue Shield of Louisiana (BCBS) take over the operations of the agency’s Preferred Provider Organization (PPO), was approved by the State Civil Service Commission in August but State Rep. Katrina Jackson (D-Monroe) requested and got an attorney general’s opinion that said the administration must obtain the concurrence of the legislature to finalize the transfer.

BCBS already serves as the third party administrator (TPA) for OGB’s HMO program.

OGB has accrued a fund balance in excess of $500 million over the past six years since Tommy Teague took over as director of OGB. But he was fired on April 15, 2011 when he did not get on board the Jindal privatization plan quickly enough. His successor lasted only six weeks before he, too, was gone.

Jindal has claimed that a private TPA would be able to run the various health and life insurance plans of about 225,000 state employees, retirees and their dependents.

A Legislative Auditor’s report, however, said that privatization could lead to increased health insurance premiums because of a private insurer’s higher administrative and marketing costs, its requirement to pay taxes on income and its need to realize an operating profit. The state does not pay taxes nor is it required to turn a profit.

The Jindal administration has employed tactics bordering on the clandestine in efforts to shore up its position. At one point it even refused to release a report by New Orleans-based Chaffe & Associates with which it contracted to determine the “fair market value” of OGB’s business.

When a copy of the report was released, however, questions arose immediately because of conflicting dates given by the Division of Administration (DOA) as to its receipt date and by the fact that none of the pages of the report was date-stamped.

DOA routinely date stamps every page of documents it receives to indicate the date and time the documents were received.

This led to speculation that there may have been two Chaffe reports. Even so, the one that was leaked to the Baton Rouge Advocate said that a private insurer would be required to build in the extra costs of taxes and profits when setting premiums.

Once considered a slam-dunk for approval, the vote now appears much closer on the eve of the meeting of the two committees.

Much of the reason for the change may have to do with growing resentment on the part of legislators who have seen hospitals and/or prisons closed in their districts, actions they say were taken by the administration without the benefit of giving lawmakers a heads-up.

Jindal, in closing prisons and hospitals, has done so while leaving it up to area legislators to try and explain to constituents why they will be out of work or why health care will be either cut back or unavailable.

Only this week, notices went out to 41 employees at E.A. Conway Hospital in Monroe that they would no longer be employed after Nov. 30—just in time for the Christmas holidays. Twenty-five of those were nurses.

Similar cutbacks have taken place at health care facilities all over the state and in August, Jindal abruptly announced the closure of Southeast Louisiana Hospital in Mandeville, effective this month, throwing some 300 employees out of work.

Moreover, with the earlier closure of a mental health facility in New Orleans, the entire area of Orleans, Jefferson, Plaquemines, St.

Bernard, Tangipahoa, Washington and St. Tammany will be without access to mental health treatment at a state facility.

The proposed privatization of OGB will put about 120 workers out of work.

“It’s going down to the wire,” Jackson said of the vote to turn the PPO over to BCBS. “It’s going to be close.”

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The beleaguered State Office of Alcohol and Tobacco Control (ATC) is experiencing more bad karma, thanks to what appears to be a series of ill-advised polices put in place by ATC Commissioner Troy Hebert.

Hebert is a former state senator from Jeanerette appointed to his position by Gov. Piyush Jindal in November of 2010 after Hebert’s predecessor, Murphy Painter was fired in August of that year on charges of sexual harassment and then was indicted earlier this year on charges of computer fraud, making false statements and aggravated identity theft.

Hebert now is facing his own problems including allegations that he deliberately sent an ATC agent into harm’s way, that he has transferred agents from one end of the state to the other with as little as two days’ notice, and last month’s decision by the Louisiana Civil Service Commission that he pay an employee back wages, interest and attorney fees after he suspended her for insubordination when her doctor refused to comply with what the commission agreed were unreasonable demands made under the Family Medical Leave Act (FMLA).

Hebert had suspended ATC administrative assistant Lisa Pike after her physician declined to provide weekly status reports as ordered by Hebert. Pike was on extended medical leave for failure to provide acceptable proof that was unable to work.

Hebert’s action was taken despite her doctor’s written certification that she was unable to work and that she “has been under my care from July 19, 2011 to Aug. 19, 2011” and that she could “return to work on Aug. 20, 2011.”

On July 29, 2011, Hebert sent Pike a letter of suspension.

“This letter is to advise you that you are being placed (o)n Leave Without Pay (LWOP) effective Thursday, July 21, 2011, for failure to provide acceptable proof that you were ill and unable to report to work,” the letter from Hebert said.

“You were directed by letter dated July 13, 2011, to submit a statement from your health care provider to verify that you are unable to report to work due to illness or medical condition. The statements you submitted do not specify the cause of your absence or verify that you are unable to report to work.”

The physician subsequently agreed to provide weekly medical reports but charged Pike $25 for each of the weekly updates.

In her ruling of Sept. 20, Civil Service Commission referee Roxie F. Goynes ordered the Department of Revenue (DOR) to pay Ms. Pike back wages, with interest. ATC is part of DOR. “I further order DOR to remove all documents concerning this disciplinary action from Ms. Pike’s personnel file,” Goynes said in her ruling.

Goynes added that DOR “was unreasonable in going forward on its charge. Therefore, pursuant to the provisions of Civil Service Rule 13.35, I award attorney’s fees to Ms. Pike in the amount of $1500.”

But perhaps the most serious claim against Hebert is that he ordered an agent back into bars in New Orleans in full uniform where she had previously worked on undercover assignments to purchase drugs. If true, such a decision could have placed the agent’s life in peril had she been recognized by those from whom she had purchased drugs.

A formal complaint of discrimination filed against Hebert by agent Daimian McDowell contained the allocation that “Commissioner Hebert has assigned African-American agents to dangerous duties.”

In his complaint, one of three separate complaints filed by three separate agents earlier this month, McDowell said that agent Lori Claiborne of Gonzales was transferred from the Baton Rouge region to the New Orleans region. She had worked as a narcotics agent in Baton Rouge so her supervisor in New Orleans allowed her to work as a task force officer (TFO) in cooperation with the U.S. Drug Enforcement Administration (DEA) while remaining an employee of ATC.

As a TFO, Claiborne worked undercover in civilian clothing, purchasing synthetic marijuana from dealers in New Orleans bars.

Upon learning of her work with DEA, Hebert ordered her back to Baton Rouge and over the objections of Claiborne and another agent, assigned her to conduct inspections in the same establishments—in full uniform—where she had purchased drugs as an undercover agent, the complaint says.

Other written complaints against Hebert, all dated Oct. 2, 2012, include:

• Asking an employee to “keep tabs” on a fellow agent;

• Transferring agent Charles Gilmore from Baton Rouge to Shreveport with no advance notice and subsequently telling one of his co-workers, another ATC agent, that he took the action in the hopes it would prompt Gilmore to take early retirement;

• Boasting that he planned to “break up” a trio of black agents in north Louisiana (one of whom was subsequently fired);

• Requiring supervisors to report to their subordinates;

• Calling agent Larry Hingle “a zero” and sending an email to other employees soliciting suggestions for ways to punish Hingle for the agent’s failure to address Hebert at “Commissioner” or “Sir,” as per a directive by Hebert.

In addition to the three formal complaints to both the Equal Employment Opportunity Commission and to Civil Service, six members of the ATC Command staff and six ATC employees sent a five-page letter in March of 2011 to then-Revenue Secretary Cynthia Bridges in which they itemized a laundry list of 45 separate complaints against Hebert. The contents of that letter would comprise much of the complaint contained in a subsequent lawsuit against the Department of Revenue that is still pending in 19th Judicial District Court in Baton Rouge.

That letter and the lawsuit filed by a fourth ATC agent contain several charges that are eerily familiar to some of the charges against Hebert’s predecessor, Murphy Painter. Those documents will be the subject of our next installment.

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“Yesterday afternoon, I submitted a request to Civil Service for the Layoff Avoidance Measure of withholding performance adjustment pay increases (or merit increases) for the upcoming year. I sincerely regret that this is necessary for a third year in a row, but I made this request to minimize the impact of budget pressures on our levels of staffing and on the agency.”

–Louisiana Workforce Commission executive director Curt Eysink, in a September 26 email to his employees informing them they would not be receiving 4 percent merit increases.

“I’m not going to cast a vote to set a precedent for one employee.”

–State Civil Service Commission member Scott Hughes, less than week later, speaking out against a proposed $19,430 annual pay increase (40.8 percent) for a Louisiana Workforce Commission mid-level manager. Despite Hughes’s opposition, the compliant Civil Service Board rubber stamped the pay increase from $47,570 to $67,000 for the employee described by Civil Service assistant director Jean Jones as barely meeting minimum job standards.

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