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The following is a press release by State Treasurer John Kenney. LouisianaVoice presents it here as a guest column that we feel underscores the concerns expressed in our Sept. 29 post entitled False prophets, false profits—and false reasons to privatize LSU Hospital System (or trolling for more Medicaid dollars)

The reason advanced by the Jindal Administration for privatizing Louisiana’s charity hospitals is that a private hospital like Lafayette General or Ochsner, for example, can manage a hospital more efficiently, and therefore cheaper, than the state.

That’s why I was taken aback when the chairman of the private entity taking over the Shreveport state hospital testified before the Joint Legislative Committee on the Budget that the private contractor’s costs to run the Shreveport facility will be the same as the state’s. Where, then, will the Jindal Administration’s promised annual savings of $150 million come from if not from achieving operational efficiencies?

Dig deeper into the details and it becomes apparent that the planned “savings” won’t result from lower costs but from getting more money from the federal government through an accounting change. This won’t make the charity hospitals or Louisiana’s Medicaid program, which pays for the hospitals, more efficient. It will just make them more expensive, fueled by additional federal (American taxpayer) money.

Here’s how the new financial strategy will work: Medicaid, which is government health insurance for the poor, is a federal-state program. The states run it but the feds put up most of the money. In Louisiana, for every $1 in state taxpayer money we contribute, the feds contribute $2. The more money we put up, the more money the federal government contributes.

Under the Charity Hospital privatization, the state will “lease” the charity hospitals to private hospitals, which then will be responsible for treating our low-income and uninsured citizens. The state will pay the private hospitals to do this with large amounts of federal money from our Medicaid program. The private hospitals will then return some of those federal dollars to the state as “lease payments.” The federal dollars paid to the state as “lease payments” now become new state dollars, which the state can use to draw down even more federal money.

This accounting maneuver is undeniably clever. The question is whether it is legal. It must be approved by the federal Centers for Medicare and Medicaid Services (CMS).

Louisiana’s track record with CMS is not good. CMS has previously rejected similar financing strategies designed to leverage federal money. In the early 1990s, for example, Louisiana and other states adopted financing strategies such as “provider taxes,” “provider donations,” and “intergovernmental transfers,” designed to launder federal Medicaid funds into state funds in order to draw down more federal funds. CMS and Congress spurned them all. (The Medicaid Disproportionate Share Hospital Payment Program: Background and Issues, The Urban Institute, No. A-14, October 1997). http://www.urban.org/publications/307025.html

In fact, Louisiana was more aggressive than most states in trying to leverage federal dollars. Our health care budget grew from $1.6 billion in 1988 to $4.48 billion in 1993, of which 90% was federal funds. The amount of money actually contributed by the state during this period declined from $595 million to $462 million. (Washington Post, Jan. 31, 1994, page A9).

When CMS and Congress stepped in to stop what then-Congressman Bob Livingston called Louisiana’s “abuse” of Medicaid financing, and, in Livingston’s words, the “unjustified and unwarranted benefits” came to an end (The Advocate, Feb. 6, 1997, page 1A). Newly-elected Gov. Mike Foster was faced with a $1 billion deficit in the health care budget. To clean up the mess, Foster appointed Bobby Jindal as DHH Secretary, who sought special relief from Congress. As The Advocate newspaper editorialized, “Louisiana pleaded guilty as charged, threw itself on the mercy of the court and got off easy,” because “the state for years ran a scam using ‘loopholes and accounting gimmicks’ to justify fantastic increases in federal payments.” (The Advocate, April 29, 1996).

Perhaps this time is different. Perhaps CMS will view the new “lease payments” being used to obtain additional federal money more favorably han the strategies CMS has rejected in the past.

One thing’s for certain, though. We need to find out. The state should seek CMS review of its new strategy immediately—not “soon” as DHH has promised—but now. Until then, our entire state health care delivery system for more than two million of our people is at financial risk.

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The Jindal administration two years ago attempted to influence parole officers and district judges throughout the state to refer violators to a private facility operated by a major Republican campaign contributor whom Gov. Bobby Jindal subsequently appointed to the LSU Board of Supervisors.

LouisianaVoice obtained a four-page memorandum through a public records request of the Louisiana Department of Corrections (DOC) which indicates that state probation and parole officers were directed to funnel offenders into the Academy of Training Skills (ATS) in Lacassine.

ATS, owned and operated by Chester Lee Mallett of Iowa, LA. in Calcasieu Parish, is a 200-bed transitional work program ostensibly set up to provide employment and training in various industrial trades in order to return offenders to the work force. http://www.aattss.com/

On July 13, 2012, Jindal appointed Mallett to the LSU Board of Supervisors. He was previously appointed by Jindal to the State Licensing Board for Contractors in June of 2010. Mallett and companies controlled by him have contributed more than $30,000 to Jindal personally, $242,000 to the Louisiana Republican Party and $75,000 to the Republican Governors Association, of which Jindal is currently president.

The memorandum, from Barry Matheny, Assistant Director of Probation and Parole, to his boss, Probation and Parole Director Gerald Starks, was dated Oct. 3, 2011, and noted that DOC had amended its policy to include probation violators as eligible for the program. Forwarded to parole and probation officers throughout the state, it directed them to “get with your respective judges at your earliest convenience to make them aware of this alternative program.”

Matheny further said, “I would ask that you look at all technical violators…and see if (you) can get some offenders into this program.”

What followed was an outline of the ATS program which essentially was an endorsement of Mallett’s facility which does not accept state or federal funding but rather charges a housing fee to the residents, many of whom are said to work for Mallett’s construction companies.

ATS’s website says that salaries residents receive from job placements by ATS are kept in special accounts in residents’ names. Several former residents, however, have told LouisianaVoice that upon their release from the program, they actually owe ATS money. They said ATS “forgives” any outstanding rent balances owed. But when those who work for Mallett’s companies have to use their salaries to pay Mallett for lodging at ATS, Mallett is basically getting free labor in exchange for the lodging.

Moreover, the ATS website, which apparently has not been updated for some time, says it is certified by the Department of Public Safety and Corrections and the American Correctional Association (ACA).

The value of the ACA accreditation, however, is somewhat suspect in that the association has come under criticism that it routinely accredited facilities which experienced charges of abuse or poor conditions, according to a 2001 Boston Globe report. http://www.prisonpolicy.org/aca.html

One of ACA’s past presidents, Richard Stalder, while serving as Louisiana State Corrections Secretary in 1993, canceled spending on psychiatric counseling for troubled teens so that he could give out $2.7 million in raises to his staff.

By 1995, ACA had accredited all 12 prisons in Louisiana, passing the last two with 100 percent scores, all while the head of Louisiana’s prison system was serving as ACA’s national president—an arrangement some might consider a conflict of interests. That same year, however, more than 125 prisoners sued Stalder for mistreatment within the prisons and a month after it accredited the state prison at Angola, it was reported that about $32 million in repairs were needed for it to meet safety requirements. Prisoners with fractures were splinted and then not seen for months.

Stalder rejected all the claims, saying that he and his staff deserved “a pat on the back” but in June of 1995, Federal Judge Frank Polozola criticized Stalder for the way in which he ran the state prison system.

In 1998, the new Jena Juvenile Center came under fire for widespread problems, including a near-riot, poor teaching and security and physical abuse and in 1999 the juvenile facility in Tallulah was taken under state control after five years of repeated problems with private ownership despite its having received accreditation and a positive report only six months earlier from ACA and Stalder.

http://www.prisonsucks.com/ACA/ACAofficers.html

In 2010, Corrections Corporation of America (CCA) trumpeted the re-accreditation of five of its private prisons by ACA. But what CCA did not reveal was that it had paid ACA more than $22,000 for those five accreditations, that CCA employees serve as ACA auditors, that CCA is a major sponsor of ACA events or worse, and that accredited CCA facilities had experienced major security problems. http://www.privateci.org/private_pics/PCIACApr.htm

(CCA, it should be noted, is one of several private prison companies that have made major contributions to the campaigns of Gov. Jindal.)

Despite the memorandum from DOC, most judges and district attorneys have shied away from ACS. One judge said he threw the letter in the trash can “as soon as I received it,” and a district attorney told LouisianaVoice he wanted nothing to do with the facility.

Both Mallett and his son are major players in politics, having contributed $670,000 to assorted state and national candidates—mostly Republicans—and Jindal’s Believe in Louisiana “527” tax exempt political organization which is little more than a political slush fund used to push Jindal’s agenda such as his failed state income tax repeal last legislative session.

Lee Mallett contributed the yearly maximum of $30,800 to the Republican National Committee on three separate occasions between the summer of 2011 and the spring of 2012 and son Brad Mallett also contributed another $30,800, records show.

Following is a partial list of contributions by Lee Mallett and nine of his corporate entities:

Academy of Training Schools

• Billy Nungesser (lieutenant governor bid), $5,000, July and August of 2011;

• State Sen. John Alario Jr., $1,000, September of 2011;

• Republican Party of La., $12,000, September and November of 2011;

• Jane Smith (who lost her State Senate race but was subsequently appointed Assistant Secretary of Revenue by Jindal), $1,000, October of 2011;

Air Vac Inc.

• Bobby Jindal, $5,000, September of 2010;

• State Sen. Dan Morrish, $1,000, November 2010;

• Chuck Kleckley (La. House Dist. 36), $2,500, Feb. 8, 2011;

• State Sen. Jonathan Perry, $2,500, February 2011;

• State Sen. Ronnie Johns, $2,500, May 2011;

• Billy Nungesser, $2,500, August 2011;

• Republican Party of La., $27,000, September and November 2011;

Best Buy Industries

• Billy Nungesser, $2,500, August of 2011;

• Republican Party of La., $27,000, September and November 2011;

Caddy Shack Enterprises

• Bobby Jindal, $5,000, May 2007;

• Agriculture Commissioner Mike Strain, $2,500, August 2007;

• Republican Party of La., $15,000, May and September 2008;

Mallett Inc.

• Attorney General Buddy Caldwell, $2,500, November 2007;

Mallett Buildings

• Republican Party of La., $25,000, April 2011;

Nature’s Best Inc.

• Dan Morrish, $500, November 2010;

• Bobby Jindal, $1,500, March 2011;

• Republican Party of La., $12,000, September and November 2011;

Progressive Buildings

• Dan Morrish, $1,000, November 2010;

• Bobby Jindal, $3,500, March 2011;

• Bobby Jindal, $1,500, April 18, 2011;

• Sen. Ronnie Johns, $2,500, May 2011;

Progressive Merchants

• Republican Party of La., $107,000, May, October, February, 2007, December, 2009, September and November 2011, and April 2012;

• Mike Strain, $2,500, August 2007;

• Bobby Jindal, $5,000, December 2009;

• Louisiana Committee for a Republican Majority, $25,000, June 2011;

• Billy Nungesser, $2,500, August 2011;

Lee Mallett

• State Treasurer John Kennedy $2,500, February 2007;

• Republican Party of Louisiana, $1,000, April 2007;

• Dan Morrish, $2,500, November 2010;

• S.C. Gov. Nikki Haley, $3,500, April 2012;

Federal contributions

• Republican Party of Louisiana, $16,000, April 2007, June 2008, September and December 2010, and June 2011;

• Cong. Charles Boustany, $7,200, September 2007 and October 2011;

• U.S. Sen. Mary Landrieu, $4,600, September 2007;

• State Treasurer John Kennedy (U.S. Senate bid), $2,300, December 2007;

• Donald Cazayoux (La. 6th Congressional Dist.), $16,100, February and April 2008;

• Kennedy Majority Committee, $28,500, April 2008;

• National Republican Senatorial Committee, $28,500, April 2008;

• U.S. Sen. David Vitter, $1,200, June 2008;

• Republican presidential candidate Michele Bachman, $2,500, July 2011;

• Republican National Committee, $61,600, August 2011and March 2011;

• Republican presidential candidate Rick Perry, $2,500, October 2011;

• Republican presidential candidate Newt Gingrich, $2,000, November 2011;

• Republican National Committee Recount Fund, $30,800, December 2011;

• Cong. Bill Cassidy, $2,500, April 2012;

• Romney Victory Inc., $14,200, June 2012;

527 contributions

Lee Mallett

• American Solutions Winning the Future, $1,100, January and December 2009;

• Republican Governors Association, $50,000, October 2010 and February 2012;

Mallett Inc.

• Republican Governors Association, $25,000, June 2009;

Air Vac Inc.

• Believe in Louisiana, $1,000, March 2012;

Academy of Training Schools

• Believe in Louisiana, $6,000, March 2012;

Nature’s Best Inc.

• Believe in Louisiana, $1,000, March 2012;

Progressive Merchants

• Believe in Louisiana, $1,000, March 2012;

Progressive Buildings

• Believe in Louisiana, $1,000, March 2012;

Brad Mallett

• David Vitter, $3,100, June 2008;

• Republican National Committee, $30,800, August 2011.

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“That’s not a comment by the Supreme Court one way or another concerning who’s right or wrong on the lawsuit. That’s simply the court saying we’re not going to hear the case now.”

—Attorney Jimmy Faircloth, who is beginning to challenge boxer Peter Buckley’s stellar record of 32 wins against 256 losses, commenting on the Louisiana Supreme Court’s denial of state writs which upholds lower court orders that the LSU Board of Stuporvisors must relinquish the list of semifinalists and finalists for the LSU presidency.

“The Supreme Court said ‘Writ denied. Stay denied.’ As a result, records will have to be produced. As long as the board doesn’t produce those records, it is in contempt.”

—Attorney Lori Mince, who represented the Baton Rouge Advocate and the New Orleans Times-Picayune in the litigation to force the release of the records.

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Don Quixote, Jimmy Faircloth, Chicago Cubs, Bobby Jindal William Jennings Bryan, LSU Board of Stuporvisors, Minnesota Vikings, Jimmy Faircloth (again), Houston Astros, Bobby Jindal, Charlie Brown.

They all have one thing in common—the inability to grasp the brass ring. Yeah, we know, the Minnesota Vikings went to the Super Bowl four times, but how many of those did they win? The same number Jimmy Faircloth has won going to bat for Bobby Jindal in the state courts on various issues pushed by the governor.

Like Charlie Brown, Faircloth keeps trying to kick the football being held and suddenly pulled away by Lucy, aka Bobby Jindal only to fall flat time after time.

The futility of the Cubs and Astros should by now be familiar to Faircloth who this week was again shot down by the Louisiana Supreme Court, this time on the issue of turning over the list of semifinalists and finalists for the LSU presidency.

That list apparently is the equivalent to a closely guarded state secret and even now Faircloth refuses to capitulate to the state’s high court.

Writ denied. Stay denied” was the terse message in the Supreme Court’s ruling. During my 20 years with the Office of Risk Management where I worked with state attorneys to defend lawsuits against the state, that language meant one thing: we write a check to the plaintiff. Period.

Ah, but the ever-optimistic Faircloth proclaimed that those four words were “not a comment by the Supreme Court one way or another concerning who’s right or wrong on the lawsuit.”

Huh?

“That’s simply the court saying we’re not going to hear the case now.”

Huh? Again.

Uh, Jimmy, loyalty to one’s boss is a fine attribute. But there comes a time when those of common sense must understand the finality of an issue and throw in the towel.

This is one of those times.

It is more than apparent by now that Faircloth/Jindal/LSU is not going to emerge victorious in this little showdown over the public’s right to know what its representatives are doing behind closed doors.

The continued resistance to the courts and the insistence that the records do not have to be produced only feeds an already growing suspicion about the forthrightness, honesty, and candor of this administration which has managed to operate in the dark shadows of obscurity, ambiguity and deceitfulness during Jindal’s nearly seven years in office.

Requests for public records by LouisianaVoice—records that are in no way protected—have been met time after time after time after time by delaying tactics, generally preceded by a cryptic email that reads, “Pursuant to your public records request, we are still searching for records and reviewing them for exemptions and privileges.  Once finished, we will contact you regarding delivery of the records.  At that time, all non-exempt records will be made available to you.

This was the message from Division of Administration (DOA) attorney David Boggs on Aug. 7 to a request we submitted on Aug. 1. The Boggs response was already three working days late by the time he sent his response. The state’s public records law stipulates that records must be made available immediately upon request unless they are unavailable in which case the custodian of the record must respond in writing as to when the records will be available within three working days.

LouisianaVoice is still waiting for the records we requested 29 days—20 working days—ago. At the minimum fine of $100 per day, that comes to $2,000 for each of the seven records we requested, or $14,000 total.

The LSU litigation, however, has inspired us. District Court Judge Janice Clark imposed a $500 per day fine for LSU’s non-compliance. That bill currently totals more than $50,000.

We will likewise request the $500 per day fine, plus court costs, attorney fees and damages. The $500 per day fine alone comes to $70,000—money we can certainly use but which the taxpayers of Louisiana would not be asked to pay if the administration had simply complied with the law as public servants are expected to—and should—do.

Jimmy Faircloth, David Boggs or whomever DOA designates may wish to prepare for another defense after we file suit.

Not that he minds. Whenever he is given one of these dogs to defend, he simply turns on the time clock and the meter begins ticking—at the expense of you, the taxpayer. And he has done quite well defending indefensible lawsuits from pension reform to vouchers to public records. He has been paid more than $1 million to date by the Jindal administration, enough to place him in the upper tier of state legal contractors.

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LouisianaVoice has obtained a copy of the minutes of a meeting in Baton Rouge a little over a year ago which led to the firing of the head of the LSU Hospital System and the CEO of Interim Louisiana Public Hospital in New Orleans by the Jindal administration.

LSU Health Care System head Dr. Fred Cerise and Interim Louisiana Public Hospital CEO Dr. Roxanne Townsend were fired just days apart last year—Cerise in late August and Townsend in early September—following a July 17 meeting at which former Secretary of Health and Hospitals (DHH) Alan Levine pitched a plan to privatize the state’s system of LSU medical centers.

Levine was at the meeting on behalf of is firm, Health Management Associates (HMA) but was recently hired as president and CEO of Mountain States Health Alliance.

Present at that meeting, besides Cerise, Townsend and Levine were then-LSU President William Jenkins, DHH then-Secretary Bruce Greenstein, LSU Medical Center Shreveport Director Dr. Robert Barish, HMA CFO Kerry Curry, LSU Health Science Center Shreveport Vice Chancellor Hugh Mighty and LSU Board of Supervisors members Rolfe McCollister, Bobby Yarborough, John George and Scott Ballard. LSU Health Science Center New Orleans Chancellor Larry Hollier and Vice Chancellor for Clinical Affairs at LSU Health Sciences Center New Orleans Frank Opelka also participated by teleconference.

Opelka was promoted to Cerise’s position when Cerise was replaced.

The meeting was held in the LSU president’s conference room.

Both Cerise and Townsend expressed reservations about Levine’s proposal but several members of the LSU Board of Supervisors who were present at the meeting “indicated they want LSU’s management to pursue this strategy,” according to a summary of the meeting prepared for Jenkins by Cerise prior to his being replaced by Opelka.

Along with his two-page summation of the meeting, Cerise also submitted a third page containing a list of five concerns he had with the privatization plan pitched by Levine. It was that list that list of concerns which most likely got Cerise removed as head of the LSU Health System via an email from Jenkins.

HMA, headquartered in Naples, Florida, was the subject of a scathing report by CBS news magazine 60 Minutes less than six months after Levine and Curry met with LSU officials in Baton Rouge and Levine has since moved on to become the CEO of Mountain States Health Alliance.

The thrust of the 60 Minutes story which aired last Dec. 2, was that profits, not patient care, was the driving force behind HMA’s emergency room decisions and that emergency room doctors were pressured to admit emergency room patients “regardless of medical need” to boost the company’s bottom line.

Some speculation had HMA squarely in the mix insofar as the proposed privatization of LSU’s 10-hospital system but the 60 Minutes story apparently thwarted those plans.

Levine denied that in an interview with the Baton Rouge Advocate last October. “I have had no conversations with LSU about taking over any of the existing LSU hospitals,” he told the paper. “I was there (in Baton Rouge) as a former (DHH) secretary. I was not there to pitch my company.”

Little more than a month later, following the 60 Minutes story by CBS correspondent Steve Kroft, Levine found himself trying to salvage the HMA image.

HMA, which owns 70 hospitals in 15 states, was accused on camera by several former employees of setting admission targets and that doctors were coerced into admitting more patients. The former employees said doctors who did not meet quotas were threatened with their jobs.

Despite Levine’s denials that HMA was interested in managing the LSU hospitals, Jenkins seemed to think otherwise. “I would say he would be interested in business,” Jenkins said in the same story containing Levine’s denial. “You would be surprised how many companies across the country are interested in these hospitals.

Levine, according to Cerise’s notes, recommended as an initial step that LSU sell its hospital in Shreveport (LSU Medical Center) and use the proceeds to “offset budget cuts for the rest of the LSU system.”

He suggested that the buyers would form a joint venture with LSU, invest capital into the facility and develop a strategy for LSU “to more aggressively compete in the hospital market.”

“The LSU board members present indicated they want LSU’s management to pursue this strategy,” Cerise’s notes said. “Greenstein stated that LSU should look to generate two years of funding to address the state funds shortfall in the system through the sale of Shreveport’s hospital.”

It was at that point that Cerise indicated his concern that such a strategy would take time to develop and that LSU would likely need to go through a competitive public procurement process and “likely legislative approvals.”

It was subsequently determined that legislative approval was not legally required; all that was required was for the legislature to be informed of the administration’s actions.

“There appeared to be agreement that LSU develop a plan that would not result in closure of hospitals,” Cerise’s notes said. “When the question was posed to the group, ‘Will LSU close hospitals,” George responded, ‘We hope not.’ The clear message was that the board members did not want LSU to proceed with any hospital closures at this point.”

Since that meeting, Earl K. Long Medical Center in Baton Rouge and W.O. Moss Medical Center in Lake Charles have each closed.

“Cerise asked Greenstein if he would allow LSU to draw federal funds to try to fix part of our problem and he replied, ‘Yes.’”

Among the concerns expressed by Cerise in an addendum to the meeting meetings which he addressed to Jenkins:

  • There is no commitment by DHH to mitigate the budget reduction while we work on the very complex Shreveport deal. Therefore, if later in the year, we realize that w cannot close a Shreveport sale by year end, we will run a deficit which is against the law and grounds for removal of those causing the deficit;
  • There will be a significant community/political reaction to LSU assuming a competitive posture with a profit partner while receiving favorable Medicaid and uninsured financing from the state;
  • We could see a significant negative community reaction to a plan that sells the Shreveport hospital and spends a large amount of the proceeds on hospitals in south Louisiana. There are also local contractual relationships which might be adversely affected and objected to;
  • We need to be transparent with the legislature. If our plan is to spend as if we will complete a “joint venture” and secure funding later in the year, the board and the legislature need to realize that wer have no alternative solution if the plan fails later in this fiscal year. This will put Shreveport and New Orleans at risk as well as put LSU at risk of running a deficit;
  • The only certain way for LSU is to live within its newly assigned budget is to close multiple facilities now. If we do not do this, we are running the risk of delaying and creating an unmanageable budget crisis later in the year that will put Shreveport and New Orleans at risk. That risk includes others blaming LSU for not taking actions earlier.

“I am asking that you share this memo or at least the substance of it with the full board to ensure they are informed and that their direction to us that we delay definitive budgetary action until the end of August to better assess the likelihood of a Shreveport sale with a statewide distribution of the proceeds is clear and unambiguous,” Cerise said in his memorandum to Jenkins.

At the conclusion of the meeting, Jenkins called for the creation of a task force to include then-Commissioner of Administration Paul Rainwater, Greenstein, George, Yarborough, McCollister, Ballard, Mighty, Barish, Hollier, Cerise and Townsend.

But in a matter of weeks, Cerise and Townsend were gone.

And a year later, a blank contract was agreed to which allows Biomedical Research Foundation of Northwest Louisiana (BRF), an organization with no appreciable cash flow and no experience in running a hospital, to assume control of LSU Medical Center in Shreveport and E.A. Conway Medical in Monroe—facilities with combined revenues of about $400,000.

Moreover, BRF will receive all the facilities’ assets with the state getting the liabilities.

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