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By JOHN SACHS

Periodically I am asked why I’m screaming about what is taking place in our state government. It is suggested that I speak with more deference and respect to and about elected and appointed officials. I am reminded of the adage that one catches more flies with sugar than with salt. I listen to that advice and then I counter with the following explanation for my approach and call to action:

When you as an individual or through your business or when a government entity wants to make a change in service providers such as a pest control service, a janitorial service, or a building maintenance and repair service, it does not involve the lives and livelihood of employees or the ownership of the entity’s physical assets such as buildings. One simply contacts several competing service providers and after evaluating them, makes a decision as to which vendor will provide the specific service for a specific time period.

Now take the case of lease and rentals of buildings and equipment. This is a more complex transaction and generally extends over a longer period of time than a service contract. Except in the case of a rent/lease-to-own transaction, ownership of the assets remains unchanged. Thus, at the end of the lease the parties can agree to terminate the agreement and go their separate ways or to enter into a new contract. Ownership of the asset being rented or leased, however, remains with the original owner.

Finally, there are the types of transactions that are of a permanent nature with lasting consequences, and the ones that the Jindal administration is entering into that will for all intent and purposes change our system of government, alter the delivery of essential services, and transfer ownership of state physical assets forever. What Gov. Bobby Jindal is doing now will be felt for decades to come if not forever. And forever is a mighty long time for the state to suffer after Jindal leaves office for greener pastures (which I find myself occasionally hoping will have a name such as “Serenity Gardens.”)

The first of these “Forever” changes involves privatizing essential government services. When these services are privatized, the state employees almost to a man/woman lose their jobs, their retirement and their benefits. Moreover, their years of experience and expertise are lost to the state almost always forever. The state’s records generally become those of a private company accessible only by the state agency responsible for their administration.

And even that access can become iffy. Take the Office of Risk Management, for example. In less than a year after being privatized at a cost of $75 million to the state, the contract was transferred to a second and then a third company—in open defiance of the state contract requiring written authority for the contract to be transferred. Today, two years after the privatization, nothing has been done about the contract violation.

Records that should be open and public disappear behind a cloak of protection from prying eyes not afforded public agencies. Consequently, monitoring by state and even federal investigators charged with oversight of the function becomes difficult. And to the press, the fourth estate charged with keeping everyone honest and accountable, access to once public records becomes all but impossible. When one adds in the profit motive of a private enterprise and tax liabilities that are not a cost factor to a state operating department, the cost to administer an essential and rightfully state service escalates significantly to the detriment of the state.

The second “Forever” change is the most troublesome and is the one that makes me scream the loudest. That is when physical assets owned by the state and its citizens are sold to private individuals, companies, and corporations. When assets such as hospitals, prisons, schools, etc., are sold, ownership of those assets by the state is lost FOREVER. Let me say that again. When physical assets of the state are sold, ownership of them by the state is lost FOREVER.

We will never again own them. If we need those physical assets to deliver essential state services and programs, we have to enter into negotiations with the new owners to rent or lease those same facilities that we previously owned. And since we in almost every case have no alternative site from which to provide the service, we are held captive by the private owner of the former state facility paid for with taxpayer dollars.

If the new owner knows that he has no competition, is it reasonable to expect him to give us a fair, reasonable, competitive rent/lease term? Chances of that happening are so slight as to be incalculable. The only protection is the initial agreement. After that, it’s every man for himself.

And remember, these new owners will most likely be the contributors to Jindal’s political campaigns, his political slush fund, Believe in Louisiana, or his wife’s “charitable” foundation. They will be the ALEC-supported “One-Percenters” who feel that they are, by divine right, entitled to the spoils of political patronage. It is the finality of the “FOREVER” consequences of the sale of physical assets that makes me scream the loudest and that must be stopped before it ever happens.

Jindal has three years left to do his dastardly deeds. Everyone knows he has higher political aspirations (goals that he will never attain) and that he is a pathological liar who will say anything to portray himself as a caring and responsible keeper of the sacred trust placed in him by the Louisiana electorate. And our generally brain-dead media will drink his poisoned Kool-Aid, ask no intelligent and probing questions, and print verbatim his press releases.

Meanwhile, the Super Pacs will reward him for his unconscionable acts of greed on behalf of the One-Percenters.

So how can Jindal be stopped? There is only one way. Our legislators must muster the required two-thirds (2/3) vote to take back powers to act that in the past have been ceded to the governor and his appointees. That is the only way. And that must happen within the next year and certainly before the end of his term in office. Otherwise, Jindal will have sold ALL of the most marketable physical assets that the state must have in order to deliver essential services mandated by state and federal law and the state will be forced to contract with the new owners for these assets use at exorbitant rates and for terms favorable to the new owners.

That is why I’m screaming and you’d better scream too. Legislators, you’d better muster whatever it takes to act as a body politic united to preserve our state’s assets or your term in office will be forever tainted as a do-nothing, hear, see and speak no evil hand-maiden to the most corrupt governor in our state’s history. That’s a legacy that I would not want to bear.

When Gov. Piyush Jindal named his four nominees to the University Medical Center Management Corp. Board back in March of 2010, he not only was looking after some of his more generous campaign contributors, but he also placed one of them in a position of potential conflict of interest.

Dr. Christopher Rich of Alexandria currently holds three separate contracts with the state totaling more than $3.3 million and he has already run into ethical problems with one of those contracts.

Rich was named by Jindal as one of four nominees for the proposed billion-dollar University Medical Center that is to serve as a replacement for the 70-year-old facility that was closed after its basement was flooded during Hurricane Katrina in 2005.

Like many of Jindal’s high-profile appointees, Rich, his wife Vickie and business partner Dr. Mark Dodson, also of Alexandria, combined to contribute $9,500 to Jindal’s campaigns in 2007, 2010 and 2011.

Others nominated by Jindal and the amounts of their contributions included Tim Barfield of Baton Rouge, recently appointed by Jindal as Secretary of the Department of Revenue ($15,000); David Voelker of New Orleans ($70,000 to Jindal campaigns and to his political slush fund, Believe in Louisiana), and Donald “Boysie” Bollinger of Lockport ($183,850 to Jindal campaigns and to Believe in Louisiana).

Rich has a $516,646 contract to serve as Medical Director of the Office of Workers’ Compensation (OWC) Administration that calls on him to approve or disapprove medical treatments and procedures for the Office of Workers’ Compensation.

That contract is actually to Chrickie Investments, a company owned by him and his wife Vickie.

In what has become an all too familiar theme, Jindal pumps up the salaries of his appointees even as state employees are being denied salary increases for a fourth consecutive year.

Even before he paid Barfield $250,000, which was more than twice what Barfield’s predecessor Cynthia Bridges was paid, Rich’s $516,646 contract as OWC Medical Director far outstrips the $168,333 paid to his predecessor, Dr. Larry Ferrachi.

In 2009, the Louisiana Legislature passed a law which changed the process for determining whether or not medical treatment was “medically necessary.” If a workers’ comp insurance company denies a treatment request, the denial is referred to the OWC medical director, in this case, Rich.

Though the law was passed in 2009, problems with implementing the rules to enforce the new law delayed the actual enactment date of the law until July 13, 2011.

In March of this year, Rich testified before the House Labor Committee that he was “denying 80 percent” of all treatment requested.

At the same time he was contracted to be the sole determiner of all medical treatment for Louisiana’s injured workers, he and Dodson were partners in Louisiana Ortho Services which held a $2.3 million contract to provide orthopedic services for the state, specifically Huey P. Long Medical Center.

Huey P. Long Medical Center is one of 10 state hospitals that make up the LSU Health Care System which is administered by the LSU Board of Supervisors which also oversees the University Medical Center Management Board on which Rich sits.

Because he also owned an interest in Central Louisiana Surgical Hospital which also provided medical treatment to injured workers, the question of his eligibility to make decisions on medical treatment which could financially impact the hospital as well as Mid-State came before the Louisiana Board of Governmental Ethics twice—in March of 2011 and again in January of this year.

In March 2011, the ethics board ruled that Rich was prohibited, in his capacity as Medical Director of the Office of Workers’ Compensation, from participation in any matter involving Central Louisiana Surgical Hospital.

Rich, however, maintains that he no longer practices surgical procedures.

In January 2012, however, a second opinion said there was no conflict regarding Rich’s relationship with L since he had terminated his relationship with Mid-State—only six months since the state had awarded Louisiana Ortho, that $2.3 million contract. Though he no longer is affiliated with Mid-State, he remains a partner in Louisiana Ortho with Dodson who in turn remains as a partner with Mid-State. The timing and the connections, to say the least, are curious.

Rich and Dodson also are partners in a company called Activemed, Inc., which has a contract for $523,000 to provide orthopedic medical services to Northwestern State University student athletes.

Activemed also provides secondary insurance, also known as a preferred provider network (PPN) for three Louisiana university college sports teams and athletes. Basically, the athletes’ primary health insurance is the first payor for sports-related injuries. Then, if the student treats with an Activemed provider and they are enrolled with Activemed, then Activemed picks up the tab for the remainder of the treatment.

This means that Drs. Rich and Dodson have direct control over which doctors Activemed refers injured students to and if those same doctors happen to treat any Louisiana workers’ compensation patients, there is a potential conflict of interest for Rich.

Activemed’s internet web page contains no list of medical providers, nor is Activemed listed under the Louisiana Department of Insurance either as an insurance company, a third party administrator (TPA), or an adjusting company.

So, a surgeon who says he no longer performs surgery but who is listed as the 2012-2013 team physician (since 1990) in the current Northwestern State University sports programs, holds three contracts with the state for medical services worth more than $3 million—and serves on the board of the University Medical Center Management Corp. Board under the auspices of the LSU Health System.

So much for the most ethical, accountable, and transparent administration in Louisiana history.

Louisiana Free Press, our expanded sister publication, a free-subscription online e-newspaper devoted exclusively to Louisiana political news, is now conducting test runs of its layout and format.

We will strive to offer the most in-depth coverage of state agencies of all news sources–print or electronic.

Louisiana Free Press will be supported by advertising revenue so that the citizens of Louisiana may enjoy unrestricted, free access to what their state officials are doing in their names.

Accordingly, we are officially soliciting advertisers for the online publication. Please email louisianavoice@cox.net for details and rates.

We will have a full stable of writers providing extensive coverage of all state agencies, boards and commissions, legislative actions (including committee and full House and Senate votes), cabinet positions, including K-12 education (Board of Elementary and Secondary Education), higher education (Regents and University of Louisiana System) LSU, Southern, DEQ, Natural Resources, Louisiana Economic Development, Public Service Commission, State Bond Commission, Attorney General opinions, Louisiana Supreme Court decisions, campaign contributions, etc.

We are very excited about this ambitious endeavor and we promise to strive to bring you even more and better coverage than LouisianaVoice has done for the past two years.

Our initial test installments are simply reprints of stories recently posted on LouisianaVoice. We did this in order to conduct a dry run to iron out any glitches and unexpected snags.

Please check us out at: www.louisianafreepress.com/

And please: give us feedback with your comments, observations and recommendations. We truly value your opinions: that’s why we exist.

When the LSU Medical Center, aka Charity Hospital of New Orleans, was closed for good following Hurricane Katrina, then-Gov. Kathleen Blanco managed to gain a legislative appropriation of $300 million for the construction of a new University Medical Center. The state secured another $475 million from the Federal Emergency Management Administration (FEMA) for the project.

Originally approved to “serve the public purpose,” the mission of the new $1 billion facility quickly changed from a public to private purpose after Gov. Piyush Jindal was inaugurated in January of 2008.

There are several problems with this scenario, however.

First, a private board was created with a purpose to support the educational research mission of LSU, according to the board’s bylaws. Then, the board, known as the University Medical Center Management Corp. (UMCMC), had to be appropriately stacked with members favorable to Jindal. That took a little chicanery, but it was done.

When the makeup of the 11-member board was finally agreed upon, seven of the members, their family members and businesses turned out to be major contributors to Jindal, combining to give nearly $205,000.

Those seven include;

• Robert Yarborough of Baton Rouge—$73,500;

• Donald T. “Boysie” Bollinger of Lockport—$58,850;

• David R. Voelker of New Orleans—$45,000;

• Thomas A. “Tim” Barfield of Baton Rouge (recently appointed by Jindal as Secretary of the Department of Revenue)—$15,000;

• Dr. Christopher J. Rich of Alexandria—$5,500;

• Stanley Jacobs of New Orleans—$5,000;

• Darryl Berger of New Orleans—$1,000.

Additionally, three of the seven contributed more than $157,000 to Believe in Louisiana, a political slush fund set up for Jindal’s use by Rolfe McCollister, former Jindal campaign manager and publisher of the Baton Rouge Business Report. Those include:

• Bollinger—$125,000;

• Voelker—$25,000;

• Yarborough—$7,700.

While the stated purpose of the board is to support the education and research mission of LSU, the board does not include anyone directly involved in education and research at LSU, and requests by then-LSU President John Lombardi to appoint such individuals were rejected by the governor’s office.

Board members and Jindal spokespersons have consistently asserted the need for the board to be “independent” of LSU, which is not consistent with the public function of the hospital. To construct the new hospital, considerable private property in downtown New Orleans was expropriated, or taken at market value for the overall good of the public. Private entities are forbidden by law to expropriate property—for any purpose.

So, that naturally brings up the question of what happens to all that property that was expropriated in the name of LSU and University Medical Center for the good of the public?

Before the first meeting of the Jindal dominated UMCMC board the chairperson, who was appointed by Lombardi and who had the fault of being loyal to LSU and not to Jindal (read: no campaign contributions), was replaced by Jindal loyalist, Bobby Yarborough.

Color her teagued.

Yarborough, owner of Manda Fine Meats of Baton Rouge, served as campaign finance chairman for Jindal’s gubernatorial campaign. He now is not only chairman of UMCMC, but also chairman of the LSU Board of Supervisors, which oversees the LSU medical system.

On Aug. 28, 2009, a Memorandum of Understanding (MOU) for governance of the UMC was unanimously approved by Jindal’s hand-picked LSU Board of Supervisors. The MOU was signed by Jindal, then-Department of Health and Hospitals (DHH) Secretary Alan Levine, John Lombardi and Tulane University President Dr. Scott Cowen.

Though there was a MOU, there has never been an agreement between the administration, LSU, DHH and the legislature whereby the legislature authorized a private corporation to manage this public hospital.

Original plans called for the new facility to be the primary teaching hospital of the LSU Health Sciences Center in New Orleans and to also serve as a teaching affiliate of Tulane University School of Medicine.

The business plan for the medical center called for a three-year construction period with opening in 2015 with clinical education and research activities now being provided at the Interim LSU Hospital to be transferred to the new hospital upon completion.

With drastic reductions already implemented and more planned at the Interim LSU Public Hospital (ILH), one has to wonder what the board and the governor’s plan is to meet the expectations outlined in the business plan approved by the legislature.

That plan depends on continued care for the insured and includes the assumption that Medicaid coverage for the poor would expand under ObamaCare. Now the governor is headed in the other direction: cutting services at ILH and rejecting the Medicaid expansion.

Can he tell us what the new plan is? How will this private entity fulfill its public mission to provide care and to support the education and research missions of LSU? It is an issue worth following, particularly since those involved in crafting the original agreements for LSU—Lombardi, Cerise and Townsend—have all been teagued.

Those personnel changes are not surprising, given the fact that the administration makes a habit of regularly calling LSU Board of Supervisors members, even during meetings, with instructions on what to say and what not to say.

That practice would appear to fly in the face of oft-repeated claims by Jindal—particularly in his many out-of-state appearances at fund raisers and television interview shows—that his is the “most transparent,” most open and accountable administration in Louisiana history.

It does, however, appear to dovetail with his growing reputation of micro-managing all facets of state government, his propensity to take a dim view of dissent and to fire or demote any subordinate who disagrees with him, be they employees, cabinet members or legislators.

Now, he has ordered a new round of deep budget cuts for seven public hospitals in south Louisiana. The new directive calls for budgets to be slashed by 34.5 percent.

Significantly, the closure of any hospital or emergency room or any cut of 35 percent or more requires the concurrence of the legislature. The 34.5 percent cut manages to conveniently fall just below that plateau.

Legislators already are showing signs of frustration and discontent in the manner in which the administration is keeping them out of the loop in the decision-making process regarding the LSU system’s 10 statewide teaching hospitals that provide health care to Louisiana’s poor.

The 34.5 percent cutbacks are likely to result in the loss of up to 400 of the 1500 resident doctors at the 10 hospitals across the state, which can also cause yet another problem: the disposition of the contracts between those doctors and the state.

The administration’s belief that private hospitals would take those residents could be a miscalculation with serious legal ramifications.

The administration has already put staff and employees on notice at LSU Medical Center in Shreveport, E.A. Conway Medical Center in Monroe and the Huey P. Long Medical Center in Pineville/Alexandria that a request for proposals (RFP) will be issued “for the purpose of exploring public-private partnerships for the LSUHSC-S affiliated hospitals.”

Jindal’s latest ploy of keeping cuts half-a-percent below the level requiring legislative approval is not likely to sit well with many lawmakers, particularly those in districts served by the hospitals which both employ and treat constituents.

All of this is to say that the current state of the LSU health care system is one big mess, thanks in no small part to a state administration with chronic tunnel vision, a compliant LSU Board of Supervisors comprised exclusively of political cronies, and the loss through firings and reassignments of capable administrators.

Louisiana—and LSU—deserve better.