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Archive for the ‘DHH’ Category

Bobby Jindal: the gift that keeps on giving.

It’s bad enough that colleges and universities are facing the threat of temporary closures, cancellation of summer school, and loss of accreditation. But coupled with the bad news on higher education is an equally grim outlook for health care.

A sample of the legacy left us by Jindal’s hospital privatizations and closures:

In Baton Rouge, the closure of Earl K. Long (EKL) Medical Center had a ripple effect on the low income residents of North Baton Rouge. The emergency room patient care shifted onto Baton Rouge General Regional Medical Center Mid-City became such a money loser that it closed its emergency room on March 31, 2015. That moved emergency room care 30 minutes further away to Our Lady of the Lake (OLOL) Medical Center, located in largely white South Baton Rouge. One emergency room doctor confided to the author that it was his feeling that Jindal wanted to create “a medical wasteland north of Government Street.” Government Street, which traverses Baton Rouge in an east-west direction is a roughly-defined dividing line between South and North Baton Rouge.

Mid-City was hemorrhaging $2 million a month through its emergency room because Jindal refused to expand Medicaid and rejected any idea of putting up state money to keep the facility open. With the closure of its emergency room, residents of North Baton Rouge, which is largely low-income black in its demographic makeup, had few medical choices. With Our Lady of the Lake so far away, the alternatives were two urgent care clinics operated by the partnership of LSU and Our Lady of the Lake. The clinics were located on North Foster Street and Airline Highway. The North Foster clinic has no onsite doctor and the main Airline High clinic has a doctor onsite only until 7:00 p.m.

The same emergency room doctor who related the “medical wasteland” story told of the tragic case of an elderly African-American couple. “I felt sick reading this report,” he said. He said it involved “an old black couple who were paying $40 per month on their existing medical bill” to another Baton Rouge hospital.

The report read said the decedent was found “supine on bedroom floor. His wife told EMT personnel that her husband had congestive heart failure and that fluid had been building up. He did not go to the emergency room because the couple owed money to the hospital. She said he had been short of breath through the night and when she awoke, he was not breathing. CPR and advanced cardiac life support were initiated but were terminated after no response. “If he had gone to the LSU urgent care center, likely as not, no doctor would have been on duty,” the ER doctor said.

The closure of EKL and the decision by Baton Rouge General Mid-City to close its ER necessarily imposed a heavier workload on OLOL which entered into a partnership with the state for treatment of Medicaid patients. That increased workload has understandably also produced greater pressure on doctors and staff which in turn has apparently led to lapses in quality of care.

Consider the following brief email thread:

“Please see the email below sent from one of vascular consultants to our Associate Chief Medical Officer Dr. (redacted). My purpose for forwarding this email to you is not to criticize anyone nor is (it) to elicit a string of email responses. The sole purpose is to make all of us aware of the perception some of our consultants and primary care teams have of us. Increasingly of late, I am getting this type of feedback, be it real or otherwise.

“Doctors, we must elevate our game to meet the expectations of all our physician colleagues. I know you guys are working hard, but I am asking each of you to pay attention to the finer details.

“As Dr. (redacted) aptly said to me last night, our physician colleagues are our customers; we need to put ourselves in their shoes, be their voice, the voice of our customer.

Dr. (redacted)”

The email to which he referred read:

“I had a very irritating call last night from the ER. It bothers me that the environment around our hospital is deteriorating into a stereotypical dysfunctional training facility that we are all too familiar with and probably chose to go into private practice to avoid.

“I received a call at about 11:30 p.m. The answering service informed me who the call was about. When I called back a resident picked up and started telling me about ‘an endostent that had an endoleak with pain, transferred from Lake Charles.’ Knowing I was on city call, I figured I’d investigate this to expedite patient care. The resident told me they had already spoken to a doctor but it didn’t make sense when I couldn’t get the specifics I was asking for. At that point, I asked to speak to the attending whom (sic) was able to figure out they got the wrong guy. However, it’s a little disheartening that he didn’t readily know who the surgeon was they had spoken to that was assuming responsibility for the patient. He did mention ‘Dr. (redacted)” who is our resident (redacted)—but I’m not sure he knew it was a resident. It’s my feeling that in a patient potentially critical as this one—the attending should have his finger on the pulse a litter better than it appeared last night.

“After those 15 minutes I again informed the attending I was Dr. (redacted)…returning a page. At this point the attending gave me to ‘Dr (redacted), first year (emergency room) resident.’ The resident reports a consult on a patient with WBC (white blood cell) 19, blisters on cellulitic foot…When I ask asking info, it turns out the patient ‘has been on the board over 7 hours.’ When I ask to speak to attending who saw the patient—no longer working. At this point, I’m given back to the same attending who gave me to the first year resident he was covering. This attending was covering the resident, had taken sign-out, and expected the resident to call me and report but had never seen the patient. This reminds me of something I would get from the old ER at Mid-City, not what I would have received from OLOL in first 12 years of practice.

“I do realize we are a training facility but you and I both recognize that happens to a private practice service when run by residents. I’m sure the ER has exploded with new personal (sic) during this growth phase, but part of their responsibility is to know who the doctors are that routinely admit to this facility. To say the least, I was discouraged at the attending’s ‘finger on the pulse’ of what he was responsible for last night.

“This email is not to condemn any individual but to raise flags over the environment. Please forward to the appropriate people.”

(Sender’s name redacted)

Such is life in the aftermath of Bobby Jindal’s grand state hospital privatization scheme.

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It was bad enough Friday when Gov. John Bel Edwards announced that career politician and former national chairman of the American Legislative Exchange Council Noble Ellington as his legislative director.

But at the same time, he announced the appointment of Marketa Garner Walters as secretary of the Louisiana Department of Children and Family Services (DCFS) at $129,000 per year.

Ellington, besides serving as national chairman of ALEC, was twice named Legislator of the Year. He left the legislature to take a cozy $150,000-a-year job as Chief Deputy Commissioner of the Department of Insurance in 2012 even though he had no background in the insurance industry.

And it was during his tenure as ALEC’s national chairman that Bobby Jindal was presented the organization’s Thomas Jefferson Freedom Award (you may want to check with the descendants of Sally Heming on that freedom part). http://www.alec.org/press-release/hundreds-of-state-legislators/

It’s beginning to look a lot like business as usual for the new administration. Like pro football and major league baseball, Louisiana’s elected leaders seem to keep recycling the same old familiar faces in and out of various state offices. The problem is, they are the ones who helped create the problems. So what makes anyone think they have the solutions now?

Take Garner Walters, for example, who served as Assistant Secretary for the Office of Community Services within DSS (DCFS) from January 2004 until November 2008, when she went by the name Marketa Garner Gautreau.

“A national leader in the field of children and family services, Marketa Garner Walters has worked for more than 20 years to improve the lives of children,” the governor’s announcement said. “As a public servant, a national consultant, and an advocate with deep roots in her home state of Louisiana, Walters has been able to create meaningful change in the lives of family and children over the years.”

So what’s so wrong with that?

Well, not much. Unless one considers her explanation for an incident in which a 17-year-old mentally challenged boy raped a 12-year-old boy in a group home during the time she served as assistant secretary for the Office of Community Services.

“Retarded people have sex—it’s what they do,” she said, sounding more like a GEICO commercial than someone responsible for children’s welfare. That bit of wisdom was imparted during her testimony before the Juvenile Justice Implementation Commission in 2008.

The Office of Community Services is a sub-office of the Department of Children and Family Services, formerly the Department of Social Services (DSS).

A former employee of the Office of Juvenile Justice (OJJ), then the Office of Youth Development, witnessed Gautreau’s testimony.

“In late 2008, DSS and OJJ were called before the Juvenile Justice Implementation Commission about a situation at a Baton Rouge group home housing both OJJ and DSS youth (and) where a 17-year-old mentally challenged boy raped a 12-year-old boy,” the former OJJ employee said.

“OJJ removed our youth from the group home at once and put a moratorium on placement there. DSS, the licensing agency for group homes, left their kids there,” she said.

When questioned by JJIC members, including (then) Lt. Gov. Mitch Landrieu and (then) Louisiana Supreme Court Chief Justice Kitty Kimball, Garner Gautreau offered a bizarre explanation. She said it was really not rape because the youths were of similar mental capacity.

When asked why there was not better staff security to keep the children from roaming around and molesting others, she replied, “Retarded people have sex. It’s what they do.”

The former OJJ employee was aghast. “I told my colleagues I’d wring their necks if they ever made statements like that in public hearings.

“We figured that (Gautreau’s testimony) was a career-limiting speech and we were not surprised when Ms. Garner Gautreau was shortly looking for another job,” the former OJJ employee said.

She added that OJJ stopped placing children in the same facilities as DCFS children.

There was “a consistent pattern of DSS failing to properly monitor and supervise group home operations and looking the other way when deficiencies were noted,” the former OJJ employee said. “Group homes were even re-licensed when still deficient and corrective actions plans were not being followed.

“The DSS review committee was a joke – the agency’s monitors looked the other way and ignored problems at the group homes, even when OJJ removed kids and notified DSS of deficiencies,” she said.

The intent is for private group homes to provide a safe, homelike setting for abused and neglected children who have been removed from their families. But the safety factor appears to have come up far short. Four rapes were reported over a 15-month period at two Baton Rouge group homes.

The Advocacy Center, a nonprofit organization, released a 41-page REPORT ON GROUP HOMES in early 2008 that described filthy conditions and neglect of children’s education and medical needs at many facilities. Additionally, a 2007 report by the legislative auditor found that 90 percent of the group homes had deficiencies when their licenses were renewed.

Garner Gautreau, however, told the Baton Rouge Advocate that she had “a high level of comfort” in the knowledge that 80 percent of homes scored at an acceptable level.

Its report included problems that staff members observed themselves but also cited violations found in previous inspection reports filed by the state from 2004 to August 2007. Those include failure to assure proper medical care at 53 percent of the facilities and failure to assure proper physical environment in 69 percent of homes.

State inspectors cited 18 facilities for failing to have sufficient staff and found cases where homes failed to provide criminal background checks and in some cases knowingly hired people with criminal records, the Advocacy Center report noted.

“In some cases, we found evidence that the Bureau of Licensing had identified the same problems and cited the same facility over and over again. However, nothing changed,” said Stephanie Patrick, who oversees visits to homes for the Advocacy Center.

“I started following DSS failures when our staff consistently documented problems that DSS ignored,” the former OJJ employee said.

“Louisiana’s licensing statute for these facilities fails to provide an adequate framework for assuring the health, safety, and welfare of children in these facilities,” the Advocate Center report said.

What?!!

The state doesn’t assure the safety and welfare of children it is charged with protecting?

Among the deficiencies of the statute, the report said were:

  • That it grants final authority over residential facility licensing regulations and standards to two committees, none of whose members is required to be an expert in child residential care and treatment, and many of whose members are providers.
  • That it allows the issuance of licenses without full regulatory compliance.
  • That it requires the Department to seek the approval of the relevant committee before denying or revoking a facility’s license, and gives the committee veto power over such action.
  • That it does not permit DSS to assess civil fines and penalties when facilities violate minimum standards.

The Advocacy Center requested DSS’s Bureau of Licensing reports for the years 2004-2006 and up to August 2007. “A review of these reports shows that a shocking number of the facilities had serious violations of minimum licensing standards, including:

  • 38% of the facilities had violations relating to staff criminal background checks;
  • 62% of the facilities were found to violate minimum standards regarding children’s medications;
  • 53% of the facilities failed to assure that children received proper medical and/or dental care;
  • 33% of the facilities were cited for not following proper procedures or violating procedures pertaining to abuse/neglect;
  • 62% of the facilities were cited for not assuring their staff received all required annual training;
  • 69% of the facilities were cited for not assuring that children were living in a proper physical environment;
  • 36% of the facilities were cited for not having appropriate treatment plans or for inappropriate execution of children’s treatment plans;
  • 33% of the facilities were cited for not assuring that sufficient qualified direct service staff was present with the children as necessary to ensure the health, safety and well- being of children.

“Many facilities were found to be in violation of minimum standards on inspection after inspection,” the report added.

LouisianaVoice has been receiving unsettling reports of inadequate inspections of foster homes by unqualified DCFS employees. Those reports are currently being investigated by us and will be reported in future posts should they be substantiated.

Meanwhile, we can take comfort in the knowledge that Marketa Garner Walters nee Gautreau will be watching out for the children as the new secretary of DCFS.

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In a state drowning in consulting contracts, what’s one more?

Bobby Jindal is a lame duck governor who long ago set his sights on bigger and better things. He has abdicated every aspect of his office except the salary, free housing and state police security that go with the title. In reality, he has turned the reins of state government over to subordinates who are equally distracted in exploring their own future employment prospects.

His only concerns in almost eight years in office, besides setting himself up to run for President, have been (a) appointing generous campaign donors to positions on state boards and commissions and (b) privatizing state agencies by handing them over to political supporters.

To that end there has been a proliferation of consulting contracts during the Jindal years. The legislative auditor reported in May that there were 19,000 state contracts totaling more than $21 billion.

So as his term enters its final months and as Commissioner of Administration Kristy Nichols has less than a month before moving on to do for Ochsner Health System what she’s done for the state, what’s another $500,000?

LouisianaVoice has learned that Nichols signed off on a $497,000 contract with ComPsych Corp. and its affiliate, FMLASource, Inc. of Chicago, to administer the state’s Family and Medical Leave Act (FMLA) program. FMLA CONTRACT

It is no small irony that Nichols signed off on the contract on May 19, less than two weeks after the legislative auditor’s report of May 6 which was highly critical of the manner in which contracts are issued with little or no oversight.

The latest contract removes the responsibility for approving FMLA for state employees and hands it over to yet another private contractor.

Apparently FMLA was just one more thing the Jindal administration has determined state employees are incapable of administering—even though they have done so since the act was approved by Congress in 1993.

Because no state employees stand to lose their jobs over this latest move, the contract would seem to simply be another consulting contract doled out by the administration, obligating the state to more unnecessary expenditures.

Whether it’s farming out the Office of Risk Management, Office of Group Benefits, funding voucher and charter schools, or implementing prison or hospital privatization—it’s obvious that Jindal has been following the game plan of the American Legislative Exchange Council (ALEC) to the letter. That plan calls for privatizing virtually every facet of state government. If you don’t think the repeated cuts to higher education and health care were calculated moves toward ALEC’s goals, think again.

The contract runs from May 17, 2015 through May 16, 2016, and the state agreed to pay FMLAServices $1.45 per state employee per month up to the yearly maximum of $497,222.

Agencies for which FMLAServices will administer FMLA include the:

  • Division of Administration;
  • Department of Economic Development;
  • Department of Corrections;
  • Department of Public Safety;
  • Office of Juvenile Justice;
  • Department of Health and Hospitals;
  • Department of Children and Family Services;
  • Department of Revenue;
  • Department of Transportation and Development.

The legislative auditor’s report noted that there is really no way of accurately tracking the number or amount of state contracts. STATE CONTRACTS AUDIT REPORT

“As of November 2014, Louisiana had at least 14,693 active contracts totaling approximately $21.3 billion in CFMS. However, CFMS, which is used by OCR to track and monitor Executive Branch agency contract information, does not contain every state contract.

“Although CFMS, which is a part of the Integrated Statewide Information System (ISIS), tracks most contracts, primarily Executive Branch agencies use this system. For example, Louisiana State University obtained its own procurement tracking system within the last year, and most state regulatory boards and commissions do not use CFMS (Contract Financial Management System). As a result, there is no centralized database where legislators and other stakeholders can easily determine the actual number and dollar amount of all state contracts. Therefore, the total number and dollar amount of existing state contracts as of November 2014 could be much higher.”

The audit report also said:

  • State law (R.S. 39:1490) requires that OCR (Office of Contractual Review) adopt rules and regulations for the procurement, management, control, and disposition of all professional, personal, consulting, and social services contracts required by state agencies. According to OCR, it reviews these types of contracts for appropriateness of contract terms and language, signature authorities, evidence of funding and compliance with applicable laws, regulations, executive orders, and policies. OCR also reviews agencies’ procurement processes against competitive solicitation requirements of law. The contracting entity is responsible for justifying the need for the contract and conducting a cost-benefit analysis if required.
  • However, state law does not require that a centralized entity approve all state contracts.
  • According to the CFMS User Guide, OCR is only required to approve seven of the 20 possible contract types in CFMS. The remaining 13 types accounted for 8,068 contracts totaling approximately $6.2 billion as of November 2014. Exhibit 2 lists the 20 types of contracts in
  • CFMS and whether or not OCR is required to approve each type, including the total number and dollar amount of these contracts.
  • In fiscal year 2014, 72 agencies approved 4,599 contracts totaling more than $278 million.

The Office of Contractual Review was since been merged with the Office of State Procurement last Jan. 1.

 

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“Danger, Will Robinson!”

Okay, for those of you not old enough to remember the ‘60s, that’s the catchphrase from the old CBS series Lost in Space.

But the warning might just as well be applicable for patients of Ochsner Health System come Oct. 15.

That’s the date Kristy Nichols will be leaving as Bobby Jindal’s Commissioner of Administration to become Ochsner’s Vice President of Government and Corporate Affairs (read lobbyist). That was something of a surprise in that the smart money had her going to Blue Cross/Blue Shield of Louisiana.

Even as Jindal was sending out an email blast informing all three of his Louisiana supporters that he had just landed in California for the Republican debate and that he was “fired up” (yes, he actually said that; we’re so lucky to be on his email list), Nichols was announcing her resignation.

In her own email sent to all Division of Administration (DOA) employees on Tuesday, Nichols said she will be helping Ochsner “to strategically manage their growth as a healthcare provider.”

In other words (well, not in other words; as Oscar Madison said to Felix Unger in The Odd Couple: “Those are the words”), she will be doing for Ochsner what she and her boss did for the state during her three-year reign.

There were some other classic quotes contained in Kristy’s email as well as the official announcement from Jindal’s office. “I believe that our accomplishments will provide lasting benefits for generations to come,” she said.

Well, the effects of her tenure will be felt for generations to come but to shoehorn the word “benefits” into that statement must’ve taken a bit of imagination on someone’s part.

“I am proud of the work that we have accomplished in making Louisiana a better place to live and raise a family, and I am confident that we will continue down this path going forward,” she added.

The amazing thing is she apparently said that with a straight face. In our upcoming book about Jindal, an entire chapter is devoted to why Louisiana is not a better place to live and raise a family. (A hint: there are nearly three dozen categories in which Louisiana ranks as the worst or near the worst in the nation—hardly a ringing endorsement of the claim of “a better place to live.”)

But for sheer brass cajones, the trophy has to go to Jindal who, in heaping praise on Nichols, said she has “fully dedicated herself to bettering the state of Louisiana,” and “Together, we’ve been able to reduce the size of government, improve health care across the state, and create a better, stronger Louisiana.”

No wonder the boy continues to languish at less than 1 percent in the Republican sweepstakes. Bobby, you may want to check out the 9th Commandment. That improved health care claim is a damned lie. There’s no other way to say it than to say our “Christian” governor is a damned liar. He knows it and we know it.

And as the state, barely two months into the current fiscal year, is already cutting $4.6 million in spending ($3.8 million of which fell on higher education), instead of sticking around to try to solve the mess, she bails. (But then again, we’ve had three years of her problem-solving and we know what that accomplished.)

Just as we learn that the TOPS free college tuition program will fall $19 million short, she lights a shuck.

Even as the projected budgetary shortfall for next year is already more than $700 million, she cuts and runs.

Most important, considering where she’s headed, the Legislative Fiscal Office informs us that Kristy’s office failed to account for $335 million in increased spending anticipated by the Department of Health and Hospitals. So, naturally, she’s going to work for Ochsner to (and we can’t repeat this often enough) do for them what she’s done for the state.

God help us but most of all, God help Ochsner, heretofore a premier provider of health care for residents of South Louisiana.

This is the individual who once said her job was to make Bobby Jindal look good. Well, we all know how that turned out.

She is the same one who commissioned an employee satisfaction/efficiency study only to find the results so devastating that she tried to keep them from becoming public. (Sorry to rain on your parade, Kristy, but it was leaked to LouisianaVoice which posted the results last October and which showed severe morale problems within DOA) https://louisianavoice.com/2014/10/02/employee-survey-of-doa-employees-reveals-simmering-morale-problem-no-one-more-popular-than-jindal-in-poll/

Then, after we ran the story, she set out on a crusade to find the leak and ended up punishing the wrong employees in the wrong agency. (How’s that for being proactive in addressing the problem of poor morale?)

She’s the same person who hired Alvarez & Marsal at $5 million and then promptly amended the contract (illegally) to $7.5 million for the company to find ways for the state to save $500 million. The 50 percent amendment was in violation of provisions that allow only a 10 percent maximum increase in contract amounts without legislative concurrence.

She’s the same one who orchestrated the Office of Group benefits debacle which raised premiums and lowered benefits for state employees, retirees, and dependents last year. That was after the state lowered premiums as a furtive means of lessening the state’s contribution obligations so that she and Jindal could use the extra money to patch over gaping budget holes—a tactic that depleted OGB’s reserve fund from $500 million to virtually nothing.

Kristy is the same one who has presided over budget disaster after budget disaster her entire tenure with this year’s patchwork effort barely lasting until legislators hit the door of the State Capitol to head back to their districts. Now, as higher education is facing even more budget cuts after the problem was supposed fixed, she smugly expressed confidence that the funds would be restored “if income forecasts improve.” She said she was “hopeful” about that possibility. http://neworleanscitybusiness.com/blog/2015/08/28/analysis-holes-and-worries-emerge-in-louisianas-budget/

And of course, we are all hopeful that we have the winning Power Ball ticket which would improve our own income forecasts.

And just last Friday (Sept. 11) a glowing press release was issued by DOA lauding the $75 million savings in the first year of the Office of Technology Services consolidation. http://www.doa.la.gov/comm/PressReleases/Consolidated%20Office%20of%20Technology%20Services%20Saves%20$75%20Million%20in%20First%20Year,%2009-10-15.pdf.

The only problem: the release was just one more in a long line of blatant lies designed to make the administration look good. And to be completely candid, it takes some real whoppers to do that.

Senate Bill 481 by State Sen. Jack Donahue (R-Mandeville) created the Office of Technology Services (OTS) and was signed into law by Jindal as Act 712 of the 2014 Regular Legislative Session as part of an effort to consolidate information technology (IT) services across state agencies.

At the Department of Transportation and Development (DOTD), for example, the IT budget has not been reduced and in fact, may have been increased, according to sources within DOTD.

DOTD is paying for things under the consolidation that it has never had to pay for before, such as paying DOA to house the servers and mainframe (previously housed in-house at DOTD facility). DOTD is also paying more to DOA for services such as the LaGOV Enterprise Resource Planning System (ERP),    the state’s data warehouse which provides “end-to-end” support for statewide and agency-specific administrative business processes.

Moreover, DOA has not allowed DOTD to purchase new equipment (which was budgeted) for the last three years. As much as 40 percent of DOTD computer equipment is six years or older, making it difficult to design roads and bridges with modern software.

So, while some savings may have been achieved by other departments and some general fund money saved (of which DOTD uses none), DODT Transportation Trust Fund (TTF) money is not being saved.

And while some savings might be realized in the future, in the short term it is most likely paper savings.

All these attributes are what Kristy Nichols will take with her to Ochsner.

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State Treasurer John Kennedy on Tuesday told the House Appropriations Committee that the Division of Administration exerts extortion-like tactics against legislators and takes the approach that it should not be questioned about the manner in which it hands out state contracts and that the legislature should, in effect, keep its nose out of the administration’s business.

Kennedy was testifying on behalf of House Bill 30 by State Rep. Jerome Richard (I-Thibodaux) which provides for reporting, review and approval by the Joint Legislative Committee on the Budget (JLCB) of all contracts for professional, personal and consulting services totaling $40,000 or more per year which are funded exclusively with state general fund (SGF) or the Overcollections Fund. HB 30

HB 30 FISCAL NOTES

Kennedy, in a matter of only a few minutes’ testimony, attacked figures provided by three representatives of the Division of Administration (DOA) who objected to the bill because of what they termed additional delays that would be incurred in contract approval and because of claimed infringement upon the separation of powers between the legislative and administrative branches of government.

Here is the link to the committee hearing. While Kennedy spoke at length on the bill, the gist of his remarks about DOA begin at about one hour and 13 minutes into his testimony. You can move your cursor to that point and pick up his attacks on DOA. http://house.louisiana.gov/H_Video/VideoArchivePlayer.aspx?v=house/2015/may/0526_15_AP

That argument appeared to be a reach at best considering it is the legislature that appropriates funding for the contracts. It also appeared more of a smokescreen for the real objections: DOA’s, and by extension, Bobby Jindal’s wish that the administration be allowed to continue to operate behind closed doors and without any oversight, unanswerable to anyone.

DOA representatives tried to minimize the effect of the bill by downplaying the number and dollar amount of the contracts affected (which raises the obvious question of why the opposition to the bill if its impact would be so minimal). The administration said only 164 contracts totaling some $29 million would be affected by the bill.

Kennedy, however, was quick to jump on those figures. “The numbers the division provided you are inaccurate,” he said flatly. “The Legislative Auditor, who works for you,” he told committee members, “just released a report that says there are 14,000 consulting contracts, plus another 4600 ‘off the books.’

“The fiscal notes of 2014 by the Legislative Fiscal Office—not the Division (DOA)—said the number of contracts approved in 2013 by the Office of Contractual Review was 2,001—not 160—professional, personal and consulting service contracts with a total value of $3.1 billion,” he said. “I don’t know where DOA is getting its numbers.

“To sum up their objections,” he said, “it appears to me that DOA and more to the point, the bureaucracy, is smarter than you and knows how to spend taxpayer dollars better than you. That’s the bottom line. They don’t want you to know. This bill will not be overly burdensome to you. Thirty days before the JLCB hearing, you will get a list of contracts. If there are no questions, they fly through. If there are questions, you can ask.”

Kennedy tossed a grenade at DOA on the issue of separation of powers when he accused the administration of blackmailing legislators who might be reluctant to go along with its programs.

“Let’s talk about how the division’s advice on contracts has worked out,” he said. “The Division advised you to spend all the $800 million in the Medicaid Trust Fund for the Elderly. Now they have zero in that account. In fact, they pushed you to do that. Some of you were told if you didn’t do that, you’d lose your Capital Outlay projects. How’s that for separation of powers? How’d that work out for you?

“My colleagues from Division who just testified against the bill are the same ones who told you to take $400 million out of the (Office of Group Benefits) savings account set aside to pay retirees’ and state employees’ health claims. How’d that work out?”

Kennedy didn’t stop there. He came prepared with an entire laundry list of accusations against the administration.

“My colleagues from Division are the ones who told you, ‘Look, we need to privatize our health care delivery system,’ which I support in concept. They sat at this table and I heard them say we would only have to spend $600 million per year on our public-private partnership and (that it would be) a great deal ‘because right now we’re spending $900 million.’ I thought we’d be saving $300 million a year. Except we’re not spending $600 million; we’re spending $1.3 billion and we don’t have the slightest idea whether it’s (the partnerships) working. How’d that work out for you?

“I sat right here at this table and I heard my friends from Division say we need to do Bayou Health managed care. You now appropriate $2.8 billion a year for four health insurance companies to treat 900,000 of our people—not their people, our people,” he said. “There’s just one problem: when the Legislative Auditor goes to DHH (the Department of Health and Hospitals) to audit it (the program), they tell him no.”

Kennedy said that pursuant to orders from DOA, “the only way they can audit is if they take the numbers given him (Legislative Auditor Daryl Purpera) by the insurance companies.

“This is a good bill,” he said. “It’s not my bill. My preference is to tell Division to cut 10 percent on all contracts and if you can’t do it, you will be unemployed. But this bill allows you to see where the taxpayer money is being spent.

“I have more confidence in you than I do in the people who’re doing things right now,” he said.

Kennedy said he was somewhat reluctant to testify about the bill “but I’m not going to let this go—especially the part about separation of powers.

“You want to see a blatant example of separation of powers?” he asked rhetorically, returning to the issue of the administration’s heavy handedness. “How about if I have a bill but you don’t read it. You either vote for it or you lose your Capital Outlay projects. How’s that for separation of powers?”

That evoked memories from November of 2012 when Jindal removed two representatives from their committee assignments one day after they voted against the administration’s proposed contract between the Office of Group Benefits and Blue Cross/Blue Shield of Louisiana.

“Everything they (legislative committees) do is scripted,” said Rep. Joe Harrison (R-Gray), speaking to LouisianaVoice about his removal from the House Appropriations Committee. “I’ve seen the scripts. They hand out a list of questions we are allowed to ask and they tell us not to deviate from the list and not to ask questions that are not in the best interest of the administration.” https://louisianavoice.com/2012/11/02/notable-quotables-in-their-own-words-142/

Rep. John Schroder (R-Covington) asked Kennedy what his budget was to which Kennedy responded, “Less than last year and less that year than the year before and probably will be even less after this hearing. But you know what? I don’t care.

“There’s nothing you can say to get Division to support this bill,” he said. “They’re just not going to do it.

“You can’t find these contracts with a search party. But if you require them to come before you, you can get a feel for how money is being spent that people work hard for and you can provide a mechanism to shift some of that spending to higher priorities.

“Next year, you will spend $47 million on consulting contracts for coastal restoration. I’m not against coastal restoration; I’m all for it. But these consultants will not plant a blade of swamp grass. Don’t tell me they can’t do the job for 10 percent less. That $47 million is more than the entire state general fund appropriation for LSU-Shreveport, Southern University-Shreveport, McNeese and Nicholls State combined.

“Under the law, agencies are supposed to go before the Civil Service Board and show that the work being contracted cannot be done by state employees but that is perfunctory at best,” Kennedy said.

To the administration’s arguments of delays in contract approvals and infringements on the separation of powers, Rep. Brett Geymann (R-Lake Charles) dug in his heels. “This is not a bad thing,” he insisted. “We’re not going to go through every page of every contract unless someone calls it to our attention. It doesn’t matter if it’s 14,000 or 14 million contracts. The number is immaterial. If there’s an issue with a contract, we need to look at it.”

For once, the administration did not have its way with the legislature. The committee approved the bill unanimously and it will now move to the House floor for debate where Jindal’s forces are certain to lobby hard against its passage.

Should the bill ultimately pass both the House and Senate, Jindal will in all likelihood, veto the measure and at that point, we will learn how strong the legislature’s resolve really is.

But for Kennedy, the line has been drawn in the dust.

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