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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.

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?

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.

“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.

There has been an interesting turn of events concerning LouisianaVoice’s attempts to obtain the names of recipients of Rep. Joe Harrison’s letter soliciting contributions of $1,000 to help defray the expenses of “over thirty” state legislators to attend a national conference of the American Legislative Exchange Council (ALEC) in Salt Lake City next week.

Harrison (R-Gray) mailed out a form letter on July 2 that opened by saying, “As State Chair and National Board Member of the American Legislative Exchange Council, I would like to solicit your financial support to our ALEC Louisiana Scholarship Fund.” ALEC Letterhead

The letter was printed on state letterhead, which would appear to make the document a public record so LouisianaVoice immediately made a public records request of Harrison to provide:

• A complete list of the recipients of his letter;

• A list of the “over thirty” Louisiana legislators who are members of ALEC.

ALEC membership, of course, is a closely-guarded secret but once the letter was printed on state letterhead—presumably composed on a state computer in Harrison’s state-funded office, printed on a state-purchased printer and mailed using state-purchased postage—the request for a list of members was included in the request for recipients of the letter.

Harrison never responded to the request despite state law that requires responses to all such requests.

LouisianaVoice then contacted House Clerk Alfred “Butch” Speer to enlist his assistance in obtaining the records and last Thursday, July 12, Speer responded:

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

“The names of legislators who serve on the task forces of ALEC is not a record of the state. Because joining ALEC is an individual decision for each legislator and does not involve expenditure of public funds, no record of the House is maintained relative to this membership.

“Monday, I will forward you the list of recipients.”

But when Monday came, things had changed dramatically.

On Monday, LouisianaVoice received an e-mail from Speer:

“I have looked further into your records request.” (Notice he omitted the word “public” as in “public records.”)

“Rep. Harrison composed the letter of which you possess a copy. Rep. Harrison sent that one letter to a single recipient,” Speer’s email continued.

“If that letter was distributed to a larger audience, such distribution did not create a public record.

“R.S. 44:1 defines a public record as a record: ‘…having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state…’

“My opinion is that the solicitation of donations for ALEC does not create a public record. The courts have been clear in providing that the purpose of the record is determinative of its public nature, not the record’s origin.”

It seems questionable, at best, to contend that the letter went out to only recipient. First of all, the letter’s began with, “Dear Friend:” It would seem logical to assume that if it went to only one person, Rep. Harrison would have at least extended the courtesy to make the salutation a bit more personal, as say, “Dear John:” or “Dear Mr._____:.”

Moreover, it would also seem highly doubtful that Harrison would be soliciting a single $1,000 contribution to cover the expenses of an entire contingent of “over thirty” legislators to attend the conference.

Still, Speer persisted, saying, “…it is my responsibility to consult with Representatives and make the determinations as to what records are or are not public in nature.

“…The contents of (Harrison’s) letter speak for itself….The origin of a document is not the determining factor as to its nature as a public record. The purpose of the record is the only determining factor. Whether the letter was or was not ‘composed on state letterhead, on a state computer, printed on a state-owned printer and mailed in state-issued envelope(s)’ (a list of assertions I do not agree with and which you cannot substantiate) does (sic) not, per force, create a public record. If the letter were concerning ‘any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state,’ then such a letter is a public nature.”

That interpretation flies in the face of past requests for records that included e-mail messages and jokes—and in at least one case, pornography—by state employees that had no relation to state business but which news media have obtained and subsequently published and/or broadcast.

Speer then offered a most curious interpretation of the public records statute when he said, “The fact that an official may be traveling does not place the travel or its mode of payment or the source of the resources used to travel ipso facto within the public records law. The purpose of the travel is the determining factor.”

Speer was asked by LouisianaVoice, “What changed between your e-mail of last Thursday (July 12) and today’s (July 16) decision?”

Again, Speer responded:

“I did as I promised. What information I gathered resulted in my e-mail to you.

“What Rep. Harrison was attempting is of no moment unless he was attempting some business of the House or pursuing some course mandated by law. Anyone’s attempts to raise money for a private entity is (sic) not the business of the House nor is it an activity mandated by law.

“Your personal interpretation of the law is not determinative of the actual scope of the law.”

Speer apparently was overlooking the fact that the House and Senate combined to pay 34 current and former members of the two chambers more than $70,000 in travel, lodging and registration fees for attending ALEC functions in New Orleans, San Diego, Washington, D.C., Phoenix, Atlanta, Chicago, Dallas and Austin between 2008 and 2011.

Of that amount, almost $30,000 was paid in per diem of $142, $145, $152 or $159 per day, depending on the year, for attending the conferences. The per diem rates corresponded to the rates paid legislators for attending legislative sessions and committee meetings.

ALEC advertises in pre-conference brochures sent to its members that it picks up the tab for legislators attending its conferences. That would raise the question of why legislators were paid by the House and Senate for travel, lodging and registration costs if ALEC also pays these costs via its ALEC Louisiana Scholarship Fund.