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Archive for the ‘Transparency’ Category

State Sen. Jack Donahue’s expressions of shock and surprise notwithstanding, the handwriting was on the wall more than a year ago as to the fate of the 60-year-old Southeast Louisiana State Hospital in Mandeville—thanks in part to a bill he authored four years ago.

It was in May of 2011 that then-parish president Kevin Davis revealed that he was working with the state to have St. Tammany Parish purchase 1,442 acres adjacent to the hospital in an effort to prevent the low-lying land from being developed in the future.

That sale was consummated last month at a price of $6.45 million. The land was appraised for $14.7 million in February 2011, according to records of the Office of State Lands. Davis, however, said in 2011 he felt the correct value of the land was nearer $10 million. He added that the Division of Administration had verbally agreed to the $10 million figure.

There was no explanation as to why the ultimate selling price was more than 35 percent lower than the reported agreed upon price and less than half the original appraised value.

Six months after the negotiations for the land were announced, Davis, who was term-limited and not eligible to seek re-election as parish president, was appointed by Jindal as director of the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) at a salary of $165,000 per year.

He contributed $3,000 to Jindal election campaigns in 2003 and 2008 and Donahue gave $1,500 to the governor’s campaign in 2007 and 2011.

Jindal in turn, contributed $2,500 to Donahue’s campaign last year.

Both Donahue (R-Covington) and Rep. Scott Simon (R-Abita Springs) claimed that the announcement of the closure caught them off guard. Simon is chairman of the House Committee on Health and Welfare, making the decision not to inform him even more curious.

It was revealed during last year’s negotiations between the state and St. Tammany that the parish had been given first refusal on purchase of the 1,442 acres in a 2008 bill authored by Donahue.

Donahue’s bill also stipulated that proceeds from the sale of the land adjacent to the hospital must go toward the restoration, renovation, construction or maintenance of the hospital.

Davis said he had initially persuaded the state to construct a new hospital on parish-owned land north of I012 but those negotiations cratered when Bruce Greenstein was appointed secretary of the Department of Health and Hospitals (DHH).

He also said at that time that the state had decided not to close the hospital.

DHH issued an announcement late Friday, however, that the 348-bed hospital would be phased out of operation beginning in October despite those assurances of more than a year ago that it would remain open.

Patients at the facility will be transferred to East Louisiana State Hospital in Jackson with some possibly going to Central State Hospital in Pineville, placing a strain in terms of finances and logistics on families of patients who help care for the patients.

The move will also eliminate 300 positions at the hospital, one of the largest employers in St. Tammany Parish.

In addition to keeping the land free from development, Davis said he hoped to turn the property into a mitigation bank which would help pay the cost of acquiring the land.

St. Tammany is required to contribute matching funds for various state and federal road projects, Davis said. Some of the land used for those projects consists of wetlands and he said he wanted the parish’s financial contributions to go into the mitigation bank in exchange for credits that would allow wetlands construction.

The parish, he said, did not have available funds to purchase the land outright, so he had initiated negotiations with officials from the Trust for Public Land in and effort to get the trust to purchase the land on the parish’s behalf with the parish paying back the trust in a minimum of five years.

Now that the 1,442 acres adjacent to the hospital has been sold for less than half its appraised value and now that the official announcement of the hospital’s closure has been made, the question that remains is what now becomes of the remaining 500 acres and the hospital buildings?

Southeast Louisiana State Hospital, a psychiatric treatment facility, was established 60 years ago, in 1952, on 2,235 acres of land (later reduced to 1,900 acres). In 1959, it received international, if unwanted, attention as a brief stopping-off point for Gov. Earl K. Long in his odyssey across the southwestern U.S. during his celebrated mental breakdown.

Earl, still very much the state’s governor, fired state Hospital Board head Jesse H. Bankston and replaced him with Charles Rosenblum. Rosenblum subsequently persuaded the board to fire hospital head Dr. Charles Belcher and replace him with Dr. Jess McClendon. McClendon, a personal friend of Long, promptly ordered his release.

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“The selection of a third-party is an important step toward providing quality care and service…”

–Commissioner of Administration Paul Rainwater, defending the awarding of a contract to Blue Cross/Blue Shield to administer the state health care insurance plans. Announcement of the award was held off until near the close of business on Friday.

“It really is a shame that we will have to face the real cost of Bobby’s ambition for a very long time.”

–Former State Sen. Butch Gautreaux, responding to the awarding of the BCBS contract that will abolish 177 OGB positions.

“This is an opportunity to reform and modernize.”

–DHH Secretary Bruce Greenstein, explaining how the federal cut of $859 million to the state’s Medicaid program is “doable.”

“I was surprised to see this on the table. I was told 15 minutes before the announcement was made.”

–State Sen. Jack Donahue (R-Mandeville), reacting to the administration’s announcement late Friday that Southeast Louisiana Hospital in Mandeville would begin closing down operations effective Oct. 1, resulting in the loss of 300 positions.

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True to form, Gov. Piyush Jindal waited until a Friday, considered one of the slower news days of the week, to make the long-anticipated announcement that Blue Cross/Blue Shield (BCBS) had been selected to administer the Preferred Provider Organization (PPO) for the Office of Group Benefits, a move that will eliminate 177 positions in the office.

Jindal was considerate enough to release the announcement through his favorite publication, the Baton Rouge Business Report, which ran the story on its web page. The OGB web page also carried the announcement.

The administration likewise waited until Friday to make the announcement that the 348-bed Southeast Louisiana Hospital in Mandeville will begin closing down operations, effective, Oct. 1, costing another 300 employees their jobs.

St. Tammany Parish has the highest suicide rate in the state and the move leaves up to a quarter-million people with no facility for treatment of depression or suicide prevention.

The move with Southeast Louisiana Hospital came as a major surprise considering some of Jindal’s strongest support has historically come from legislators in St. Tammany.

Both events might be considered as part of what Capitol Bureau reporter Marsha Shuler described in Friday’s Baton Rouge Advocate as Jindal’s health care “train wreck.”

The administration on Friday sent separate letters to BCBS, Humana and United Healthcare. The letters to Humana and United Healthcare informed them that their proposals were not accepted while the one to BCBS announced it had won the contract to be OGB’s third party administrator (TPA) for both the state’s HBO and PPO, which the administration said will save the state $20 million per year.

BCBS has already been serving as the TPA for the HMO and effective Jan. 1, will be assuming administration of both.

The privatization of OGB’s PPO has been controversial since first being proposed by Jindal more than a year ago. The root of that controversy lies in the fact that the OGB employees paid claims with a turnaround time of less than three days, much to the satisfaction of the 62,000 state employees, retirees and their dependents.

Moreover, the PPO had gone from a $60 million deficit to a $500 million surplus in the five years during which it was run by former director Tommy Teague. Teague was fired on April 15, 2011, when he didn’t sign on to the privatization plan quickly enough to please Jindal.

His successor, Scott Kipper, lasted only six weeks after testifying before a legislative committee that were it left up to him to decide, he would not lay off any of the OGB employees. That remark, made in response to a direct question from a committee member, appeared to irritate his boss, Commissioner of Administration Paul Rainwater who, only moments before, had indicated a need to downsize the agency by 149 positions.

The quick turnaround of claim payments combined with the agency’s $500 million surplus seems to be in stark contrast to Rainwater’s statement on Friday: “The selection of a third-party administrator is an important step toward providing quality care and service to plan members in the most cost-effective way.”

Former State Sen. D.A. “Butch” Gautreaux (D-Morgan City), who served as chairman of the Senate Retirement Committee and as a member of the OGB board of directors before being term-limited last year, fought the governor’s privatization efforts every step of the way.

Contacted Friday, Gautreaux was typically critical of the move. “Sometimes it just isn’t satisfying to be right,” he said.

“It was told to me confidentially well over a year ago and re-stated by in a Senate Retirement Committee hearing that the PPO was going to Blue Cross/Blue Shield.

“I hope Bobby Jindal leaves soon but I feel sorry for his successor. The cost of employee and retiree health insurance will be rising once we get over the one-year hump.” He was referring to a one-year moratorium on premium increases promised by the administration. Gautreaux said the information about premium increases was shared with him by the same source.

Because the state paid no taxes on premium income and because there is no requirement for a profit as long as the PPO was administered by the state, skeptics fear the need for profit and the requirement to pay taxes on profits will necessitate a rate hike by a TPA.

“It really is a shame that we, the taxpayers of Louisiana, will have to face the real cost of Bobby’s ambition for a very long time,” he said.

St. Tammany has had 124 suicides since 2009 and many more reported attempted suicides during that same period.

“The department (Department of Health and Hospitals) is very aware and concerned about the suicide rate,” said DHH press secretary and director of the Bureau of Media and Communications. “Our commitment and ability to respond to patients who will need beds and treatment remains the same,” he said.

State Sen. Jack Donahue (R-Mandeville) said the announcement caught him off guard. “It was not discussed during this legislative session to my knowledge. I was told 15 minutes before the announcement was made.

Rep. Scott Simon (R-Abita Springs), chairman of the House Committee on Health and Welfare, was equally unaware and expressed his “shock” that Jindal would take such action.

To abruptly close down one of the largest employers in St. Tammany in a parish where Jindal has enjoyed some of this strongest support is bad enough. But to do so without even extending the courtesy of giving his legislative allies a heads-up to prepare them only compounds his insensitivity and boorish contempt for the citizens of St. Tammany in particular and citizens of the state in general.

While Jindal and GOP presumed presidential nominee have been accusing Pres. Barrack Obama of being “out of touch,” Shuler was quick to point out the governor’s own inconsistencies and what might appear to some as his deliberate moves to dismantle the state charity hospital system.

The Advocate reporter said Jindal, who is rarely in the state anymore, choosing instead to stump for Romney while auditioning for the vice presidential nomination, seems almost aloof to the financial straits Louisiana’s Medicaid health care program suddenly finds itself in.

A new federal law gutted more than $859 million from the state’s Medicaid funding but Jindal, Rainwater and DHH Secretary Bruce Greenstein say the state can overcome the cut by sacrificing services offered by the LSU hospital system’s care for the uninsured and physician training programs. Further cuts would come through reducing payments for uninsured care by rural hospitals.

As recently as late May, Greenstein and Jindal were united in predicting a doomsday scenario if a proposed $51 million cut was imposed on the LSU Med School. They predicted that some of LSU’s 10 public hospitals, which provide healthcare to the state’s indigent and which also train physicians, might have to shut down.

Now, however, since Jindal has rebuked Obama’s health care plan, the $859.2 million cut to the state’s Medicaid program is “doable,” they say, again in unison. Greenstein even called the cuts “an opportunity to reform and modernize.”

Greenstein and Rainwater, who foresaw widespread closures with a $51 million proposed cut, now say LSU can cut $300 million and still maintain health care for the poor and uninsured.

Now who’s out of touch?

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LouisianaVoice has obtained a letter from a New Orleans law firm demanding payment of almost $7.9 million owed by the Recovery School District (RSD) of New Orleans to an Illinois company contracted to provide transportation to RSD students.

The letter confirms earlier reports by LouisianaVoice that RSD was in arrears by nearly $6.6 million in payments to Durham School Services.

At the same time, LouisianaVoice also received a copy of a July 13 letter from Durham notifying about 170 bus drivers and monitors that their jobs were being terminated, effective Aug. 6 as a result of failure of RSD and the Louisiana Department of Education (DOE) to remit contractual payments to Durham.

The letter from Jones Walker Law Firm, dated June 27, was addressed to DOE Superintendent John White and RSD Superintendent Patrick Dobard. In addition, copies were also mailed to each member of the Board of Elementary and Secondary Education.RSD – Durham Letter

“On Feb. 24, 2012, Durham advised DOE and RSD of their breach of the agreements for failing to timely pay for invoiced transportation services,” the letter said. “At that time, the past due amount was $4,494,291.44. Since then, not only have DOE and RSD failed to remedy this breach, but the past due balance has significantly increased.”

The total past due amount quoted in that letter was $6,568,694.81.

“Durham has attempted to engage in good faith discussions with representatives from RSD regarding this matter, but so far a satisfactory resolution has not been reached,” attorney Michael DePetrillo said in the letter. “Durham has also tried to meet with representatives from DOE, who have not yet committed to meeting with Durham on these issues.

“It is my understanding that DOE and RSD have proposed in writing to pay $3.5 million to Durham by July 6 with the remaining balance owed for the 2011-2012 school year paid to Durham by Dec. 31, 2012. Durham, however has not been provided with any assurance regarding these payments nor an indication as to the confirmed source of funding for these payments.”

DePetrillo also cited the outstanding balance of nearly $217,000 due from the defunct Sojourner Truth Academy. “Durham was forced to file a lawsuit and recently obtained a judgment for $216,835.42,” he said. “The problem Durham now faces, in light of Sojourner Truth Academy’s closure, is whether Durham will be able to collect for this debt.”

He said two other invoices not yet billed—for $1,200,594.30 and $108,288.40 bring the total owed by RSD and DOE to $7,877,577.51.

White has said that a payment agreement has been reached with Durham but that has not prevented the loss of 170 jobs.

Part of the loss could stem from the drop in enrollment at RSD schools by nearly 2,000 students.

The letter from Durham to drivers and monitors, however, would seem to indicate that the delinquent payments are largely to blame and that, contrary to White’s claims, no formal agreement for a payment schedule has been reached.

“We wanted to update you on the status of our contract renewal discussions with the Louisiana Recovery School District and the Department of Education,” it said. “We are currently owed a substantial sum of money by the RSD. They had promised to make a partial payment on July 6, but that deadline has now passed without payment.

“Durham also requested assurances from the RSD and DOE regarding repayment of the remaining debt, but the RSD’s subsequent representations were unsatisfactory. Although we hoped to resolve these issues so we could continue to operate for the RSD, it is now clear that Durham cannot realistically maintain this expectation any longer.

“As a result, your position is being terminated, effective August 6, 2012. We will notify you if anything changes in our discussions with the RSD; however, we have no such expectation this will occur.”

Could this be yet another attempt by White to “fill the room with air” as a means of deflecting attention from the real problems?

Stay tuned.

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“Rep. Harrison informs that his assistant will return Monday (July 16) & send the list of recipients of the letter.”

–E-mail to LouisianaVoice from House Clerk Albert “Butch” Speer on Thursday, July 12, in response to request for the names of recipients of a letter from Rep. Joe Harrison (R-Gray) soliciting $1,000 contributions to help “over thirty” legislators attend an ALEC conference.

“My opinion is that the solicitation of donations for ALEC does not create a public record.”

–E-mail from Speer on Monday, July 16, explaining that there had been a 180-degree flip-flop over the weekend.

“I know you work for the House and have little choice but to do the bidding of its membership. I attribute that to your sudden change in position on this matter.”

–E-mail from LouisianaVoice to Speer as a result in the change in position over what is and what is not public record.

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