Showing posts with label retaliation. Show all posts
Showing posts with label retaliation. Show all posts

Tuesday, November 11, 2014

L.A. County Health Dept. Allegedly Falsified Nursing Home Records of Complaints


L.A. County Health Department Allegedly Falsified Nursing Home Probe Records




The Los Angeles County Public Health Department falsified the dates it received complaints about nursing homes as pressure rose to meet state deadlines for launching investigations, according to two employees.
In a letter last month to county, state and federal officials,  inspector Kimberly Nguyen cited 11 cases in which she said the dates typed into the computer system were later than the dates the complaints were actually received. The cases mentioned in the letter involve alleged abuse, falls and pressure sores, she said.
“In my belief, falsification is a serious matter and unlawful and our department should know better to not manipulate paperwork to mislead others and the public,” Nguyen wrote in the Oct. 7 letter.

...Meanwhile, the state, which directly oversees nursing homes in every district except Los Angeles County, has had its own history of problems with timely investigations. A lawsuit by California Advocates for Nursing Home Reform, or CANHR, resulted in a 2006 order by a Superior Court judge instructing public health officials to follow the law regarding investigation timelines.
Geraneo noted that order in her e-mail to administrators, referring to a case involving a non-working generator in which the complaint year had allegedly been changed from 2013 to 2014. “We cannot change the initiation dates of these complaints because of the CANHR lawsuit!”
Geraneo declined to be interviewed.
Since Kaiser Health News began writing about the department’s health facilities inspection division in March, administrators have sent e-mails to staff telling them not to speak to the media and to forward all requests. Reached by phone, several inspectors have declined to talk, saying they feared retaliation.
Nguyen said  she has been she has been targeted for retaliation as a result of raising questions since July 2013 about the quality of nursing home oversight.
In May 2014, Nguyen was suspended for five days without pay because she allegedly failed to renew her nursing license. A department letter said her license expired on November 30, 2013 and that she worked for six days without a valid license.
But as the Board of Nursing later confirmed in writing, her license actually had been renewed promptly. The Board simply hadn’t entered the renewal on its website.

 

 

 

L.A. County Health Dept. Allegedly Falsified Nursing Home Records


Two Los Angeles County Public Health Department employees allege that the department falsified the dates it received nursing home complaints in order to meet state deadlines for launching investigations, Kaiser Health News reports.

Background

Under state law, investigations must be launched within 10 days of receiving a nursing home complaint -- or within 24 hours if the complaint involves the threat of death or serious harm.
The California Public Health Department requires inspectors to enter dates based on when the complaint was first received by phone, fax, email or letter.

Details of Falsified Records

In a letter sent last month to county, state and federal officials, Inspector Kimberly Nguyen cited 11 cases in which she found records with falsified dates.
The dates entered were much later -- as much as 79 days --than the dates the allegations actually had been submitted.
The cases involved complaints about:
  • Abuse;
  • Falls; and
  • Pressure sores.
According to KHN, Nguyen said she believes the date manipulation was deliberate (Gorman, Kaiser Health News, 11/10).
Nguyen said her supervisor, Adewole Adegoke, has been aware of the record falsification since July but has made no effort to stop the practice (Nguyen Letter, 10/7). She wrote, "In my belief, falsification is a serious matter and unlawful, and our department should know better to not manipulate paperwork to mislead others and the public."
Meanwhile, Sharon Geraneo, an assistant supervisor at the department, sent a separate email in August about the department allegedly falsifying records.

Response to Allegations

The county Department of Public Health said it has "zero tolerance for intentional document falsification" and is not aware of any deliberate falsification.
Officials said that they had identified a data entry error by one individual that affected 35 cases but that "swift and appropriate corrective actions" were taken.
The California Department of Public Health said it is investigating the allegations (Kaiser Health News, 11/10).

Saturday, January 5, 2013

Kaiser Safety Worries Led to Firing, Nurse Says

Kaiser can't seem to figure out whether it's an organization devoted to patient care or an organization that tasks its lawyers and administrators with squeezing every dime possible out of its operations, regardless of the effect on its customers.

No, I'm wrong about that. Kaiser has definitely figured this out. Most employees understand the rules, but apparently Helen Raquipiso thought she was supposed to be concerned about patient welfare.


Kaiser Safety Worries Led to Firing, Nurse Says

By PHILIP A. JANQUART
Courthouse News Service
January 04, 2013

SAN MATEO, Calif. (CN) - A nurse was fired after blowing the whistle on unsafe patient care practiced at a San Francisco Kaiser Permanente hospital, she claims in San Mateo County Superior Court.

Helen Raquipiso began working as an assistant nurse manager for Kaiser Permanente's South San Francisco Medical Center in 2005, but alleges she was fired in 2010 for reporting unsafe "incidents" involving errors in medication distribution, patients being transferred to inappropriate care units and admissions violations.

Raquipiso worked during the evening shift and was responsible for the northwest, central east and southwest medical-surgical units, according to the complaint.

"Between mid-2009 and December 2010, she complained of various incidents that not only affected patient safety, but violated specific regulations governing patient care," the complaint states.

The incidents involved an error in dispensing "high alert medication," Kaiser employees transferring a stroke patient to Raquipiso's unit, which is not certified to care for stroke patients, and over-admitting patients, violating the hospital's 5 to 1 patient-to-nurse ratio requirements.

Raquipiso claims hospital staff retaliated against her for voicing the complaints, receiving a negative performance review, written warnings and placed on a performance improvement plan.

She says she was only given an incomplete, oral explanation of her performance evaluation, which was conducted January 2009, and that despite repeated requests, did not receive a written copy of the evaluation until a meeting held April 16, 2010.

"At this meeting, she was also given a 'notice of final warning' despite never having been given any previous warnings, written or otherwise," the complaint states. "Although this 'final' warning was ultimately withdrawn after Raquipiso complained, it was replaced with another written warning on or about Oct. 1, 2010."

She was ultimately fired for "failure to meet the required performance improvement expectations," according to the complaint.

She is suing for retaliation under California Labor Code and wrongful termination in violation of public policy. She seeks compensatory, consequential and punitive damages.

Andrew Agtagma of San Mateo, represents Raquipiso.

Sunday, August 12, 2012

Did the FDA go rogue to protect X-ray equipment sales? FDA created enemies list and spied on scientists

In Vast Effort, F.D.A. Spied on E-Mails of Its Own Scientists
By ERIC LICHTBLAU and SCOTT SHANE
July 14, 2012

A wide-ranging surveillance operation by the Food and Drug Administration against a group of its own scientists used an enemies list of sorts as it secretly captured thousands of e-mails that the disgruntled scientists sent privately to members of Congress, lawyers, labor officials, journalists and even President Obama, previously undisclosed records show.

A list names three of the 21 people said to be collaborating in criticism of the F.D.A., including employees and outside contacts.

A memo reports that monitoring software had been placed on the laptop of an agency medical officer.

What began as a narrow investigation into the possible leaking of confidential agency information by five scientists quickly grew in mid-2010 into a much broader campaign to counter outside critics of the agency’s medical review process, according to the cache of more than 80,000 pages of computer documents generated by the surveillance effort.

Moving to quell what one memorandum called the “collaboration” of the F.D.A.’s opponents, the surveillance operation identified 21 agency employees, Congressional officials, outside medical researchers and journalists thought to be working together to put out negative and “defamatory” information about the agency.

F.D.A. officials defended the surveillance operation, saying that the computer monitoring was limited to the five scientists suspected of leaking confidential information about the safety and design of medical devices.

While they acknowledged that the surveillance tracked the communications that the scientists had with Congressional officials, journalists and others, they said it was never intended to impede those communications, but only to determine whether information was being improperly shared.

The agency, using so-called spy software designed to help employers monitor workers, captured screen images from the government laptops of the five scientists as they were being used at work or at home. The software tracked their keystrokes, intercepted their personal e-mails, copied the documents on their personal thumb drives and even followed their messages line by line as they were being drafted, the documents show.

The extraordinary surveillance effort grew out of a bitter dispute lasting years between the scientists and their bosses at the F.D.A. over the scientists’ claims that faulty review procedures at the agency had led to the approval of medical imaging devices for mammograms and colonoscopies that exposed patients to dangerous levels of radiation.

Inquiry into the spectacularly profitable HCA Hospital Chain cites unnecessary cardiac work

Hospital Chain Inquiry Cited Unnecessary Cardiac Work
By REED ABELSON and JULIE CRESWELL
New York Times
August 6, 2012

GRAPHIC: HCA’s Growing Profit

In the summer of 2010, a troubling letter reached the chief ethics officer of the hospital giant HCA, written by a former nurse at one of the company’s hospitals in Florida.

In a follow-up interview, the nurse said a doctor at the Lawnwood Regional Medical Center, in the small coastal city of Fort Pierce, had been performing heart procedures on patients who did not need them, putting their lives at risk.

“It bothered me,” the nurse, C. T. Tomlinson, said in a telephone interview. “I’m a registered nurse. I care about my patients.”

In less than two months, an internal investigation by HCA concluded the nurse was right.

“The allegations related to unnecessary procedures being performed in the cath lab are substantiated,” according to a confidential memo written by a company ethics officer, Stephen Johnson, and reviewed by The New York Times.

Mr. Tomlinson’s contract was not renewed, a move that Mr. Johnson said in the memo was in retaliation for his complaints.

But the nurse’s complaint was far from the only evidence that unnecessary — even dangerous — procedures were taking place at some HCA hospitals, driving up costs and increasing profits.

HCA, the largest for-profit hospital chain in the United States with 163 facilities, had uncovered evidence as far back as 2002 and as recently as late 2010 showing that some cardiologists at several of its hospitals in Florida were unable to justify many of the procedures they were performing. Those hospitals included the Cedars Medical Center in Miami, which the company no longer owns, and the Regional Medical Center Bayonet Point. In some cases, the doctors made misleading statements in medical records that made it appear the procedures were necessary, according to internal reports.

Questions about the necessity of medical procedures — especially in the realm of cardiology — are not uncommon. None of the internal documents reviewed calculate just how many such procedures there were or how many patients might have died or been injured as a result. But the documents suggest that the problems at HCA went beyond a rogue doctor or two.

At Lawnwood, where an invasive diagnostic test known as a cardiac catheterization is performed, about half the procedures, or 1,200, were determined to have been done on patients without significant heart disease, according to a confidential 2010 review. HCA countered recently with a different analysis, saying the percentage of patients without disease was much lower and in keeping with national averages.

At Bayonet Point, a 44-year-old man who arrived at the emergency room complaining of chest pain suffered a punctured blood vessel and a near-fatal irregular heartbeat after a doctor performed a procedure that an outside expert later suggested might have been unnecessary, documents show. The man had to be revived. “They shocked him twice and got him back,” according to the testimony of Dr. Aaron Kugelmass in a medical hearing on the case.

In another incident, an outside expert described how a woman with no significant heart disease went into cardiac arrest after a vessel was cut when a Bayonet Point cardiologist inserted a stent, a meshlike device that opens coronary arteries. She remained hospitalized for several days, according to a person who has reviewed internal reports...

In a recent statement, HCA declined to provide evidence that it had alerted Medicare, state Medicaid or private insurers of its findings, or reimbursed them for any of the procedures that the company later deemed unnecessary, as required by law...

Some doctors accused in the reviews of performing unnecessary procedures are still practicing at HCA hospitals...



A Giant Hospital Chain Is Blazing a Profit Trail
By JULIE CRESWELL and REED ABELSON
August 14, 2012

During the Great Recession, when many hospitals across the country were nearly brought to their knees by growing numbers of uninsured patients, one hospital system not only survived — it thrived.

In fact, profits at the health care industry giant HCA, which controls 163 hospitals from New Hampshire to California, have soared, far outpacing those of most of its competitors.

The big winners have been three private equity firms — including Bain Capital, co-founded by Mitt Romney, the Republican presidential candidate — that bought HCA in late 2006.

HCA’s robust profit growth has raised the value of the firms’ holdings to nearly three and a half times their initial investment in the $33 billion deal.

The financial performance has been so impressive that HCA has become a model for the industry. Its success inspired 35 buyouts of hospitals or chains of facilities in the last two and a half years by private equity firms eager to repeat that windfall.

HCA’s emergence as a powerful leader in the hospital industry is all the more remarkable because only a decade ago the company was badly shaken by a wide-ranging Medicare fraud investigation that it eventually settled for more than $1.7 billion.

Among the secrets to HCA’s success: It figured out how to get more revenue from private insurance companies, patients and Medicare by billing much more aggressively for its services than ever before; it found ways to reduce emergency room overcrowding and expenses; and it experimented with new ways to reduce the cost of its medical staff, a move that sometimes led to conflicts with doctors and nurses over concerns about patient care.

In late 2008, for instance, HCA changed the billing codes it assigned to sick and injured patients who came into the emergency rooms. Almost overnight, the numbers of patients who HCA said needed more care, which would be paid for at significantly higher levels by Medicare, surged.

HCA, which had lagged the industry for those high-paying categories, jumped ahead of its competitors and was reimbursed accordingly. The change, which HCA’s executives said better reflected the service being provided, increased operating earnings by nearly $100 million in the first quarter of 2009.

To some, HCA successfully pushed the envelope in its interpretation of existing Medicare rules. “If HCA can do it, why can’t we?” asked a hospital consulting firm, the Advisory Board Company, in a presentation to its clients.

In one instance, HCA executives said a private insurer, which it declined to name, questioned the new billing system, forcing it to return some of the money it had collected.

The hospital giant also adopted a policy meant to address an issue that bedevils hospitals nationwide — reducing costs and overcrowding in its emergency rooms. For years, the hospital emergency room has been used by the uninsured as a de facto doctor’s office — a place for even the most minor of ailments. But emergency care is expensive and has become increasingly burdensome to hospitals in the last decade because of the rising number of uninsured patients.

HCA decided not to treat patients who came in with nonurgent conditions, like a cold or the flu or even a sprained wrist, unless those patients paid in advance. In a recent statement, HCA said that of the six million patients treated in its emergency rooms last year, 80,000, or about 1.3 percent, “ chose to seek alternative care options.”

“Many E.R.’s in America, particularly in densely populated urban areas where most HCA-affiliated facilities are located, have adopted a variety of systems to determine whether a patient in fact needs emergency care,” the statement said. “About half our hospitals have done so. Typically, our affiliated hospitals have two caregivers — usually a triage nurse and a physician — make that determination. It should be noted that other non-HCA affiliated hospitals are using similar processes to address E.R. issues.”

As HCA’s profits and influence grew, strains arose with doctors and nurses over whether the chain’s pursuit of profit may have, at times, come at the expense of patient care.

HCA had put in place a flexible staffing system that allowed it to estimate the number of patients it would have each day in its hospitals and alter the number of nurses it needed accordingly.

Several nurses interviewed said they were concerned that the system sometimes had led to inadequate staffing in important areas like critical care. In one measure of adequate staffing — the prevalence of bedsores in patients bedridden for long periods of time — HCA clearly struggled. Some of its hospitals fended off lawsuits over the problem in recent years, and were admonished by regulators over staffing issues more than once.

‘Through the Roof’

Many doctors interviewed at various HCA facilities said they had felt increased pressure to focus on profits under the private equity ownership. “Their profits are going through the roof, but, unfortunately, it’s occurring at the expense of patients,” said Dr. Abraham Awwad, a kidney specialist in St. Petersburg, Fla., whose complaints over the safety of the dialysis programs at two HCA-owned hospitals prompted state investigations.

One facility was fined $8,000 in 2008 and $14,000 last year for delaying the start of dialysis in patients, not administering physician-prescribed drugs and not documenting whether ordered tests had been performed.

Claiming he provided poor care, the other hospital did not renew Dr. Awwad’s privileges. Dr. Awwad is suing to have them reinstated. HCA declined to comment. HCA says it stands by its procedures, billing practices and level of care...

Wednesday, July 11, 2012

Fired Worker Says Kaiser Backed Drug User

See UPDATE to this story.

"...Keefer, Burnett and two union representatives told her to sign a "last chance" agreement which included "false and inaccurate information" about those allegations. She says that when she refused to sign the agreement she was fired, on July 7, 2011. Grotz says Taylor was fired the same day."

Fired Worker Says Kaiser Backed Drug User
By MATT REYNOLDS
Courthouse News (CN)

Kaiser Hospital fired a longtime employee after she complained about her drug-using boss, whom the fired worker says she saw with a rolled-up bill in her nose, "snorting a white powdery substance" at work, the worker claims in a federal lawsuit.

Kristinna Grotz sued Kaiser Foundation Hospitals, the Permanente Medical Group, and SEIU-United Healthcare Workers West, which allegedly failed to stick up for her.

Grotz claims she worked in Kaiser's admitting department from 2002 until she was fired in the summer of 2011.

She says that from early 2008 department manager (nonparty) D. T. used drugs - "in all likelihood methamphetamine" - at work, and that D. T. retaliated against her for reporting it.

Grotz claims that in early 2010 she joined six other employees and wrote a letter complaining to Kaiser about D. T.'s alleged drug use and acts of retaliation and favoritism.

Kaiser then allegedly launched an investigation headed by Taylor's superior and friend Diane Keefer and human resources manager Alan Burnett, neither of whom are parties to the lawsuit.

Grotz say that though Kaiser told her and the other employees that they would be "immune" from retaliation, that "proved to be untrue."

"Thereafter, plaintiff and others were called in one at a time and were interviewed by Ms. Keefer and Mr. Burnett. During her interview, plaintiff informed Ms. Keefer and Mr. Burnett about Ms. Taylor's ongoing substance abuse problem in detail. She informed them that she had personally observed Ms. Taylor and another employee, Terry Caballero, an employee from another Kaiser department, in Ms. Taylor's office, with rolled up bills in their noses snorting a white powdery substance. Plaintiff also said she was aware that Ms. Taylor's apparent drug use had been observed by at least two other individuals who signed the October 15, 2010 letter... Plaintiff stated that she believed that Ms. Taylor received most of her drugs from other employees within the facility," the 14-page complaint states.

Kaiser's "investigation" was bogus, Grotz says, because Keefer helped Taylor cover up her drug use and dismissed the allegations for lack of evidence, despite "contrary eyewitness testimony of Ms. Taylor's drug use from plaintiff and other staff."

Grotz claims Kaiser then turned the matter over to an employee assistance counselor. She claims that during a meeting with that counselor, "Debbie Taylor looked plaintiff right in the eye while mouthing the words, 'You f---ing bitch.' The EAP counselor quickly closed the meeting. Only one meeting took place after this aborted meeting and only the admitting staff was in attendance, but not Ms. Taylor.

In fact, none was ever scheduled again with Debbie Taylor present. To plaintiffs' knowledge, employer did nothing further to remedy the hostile working environment or address the illegal use of drugs by Taylor and others in the workplace. Instead, plaintiff and the other employees remained in constant fear of retaliation by Ms. Taylor and Ms. Keefer, which did not take long to materialize."

Beginning in late 2010, Grotz was falsely accused of timecard fraud, threatening Taylor and acting unprofessionally, the complaint says.

Finally, Grotz claims, Keefer, Burnett and two union representatives told her to sign a "last chance" agreement which included "false and inaccurate information" about to those allegations. She says that when she refused to sign the agreement she was fired, on July 7, 2011.

Grotz says Taylor was fired the same day.

Grotz seeks a jury trial and damages for unlawful discharge and breach of the union's duty of fair representation, wrongful termination, intentional infliction of emotional distress, and negligent infliction of emotional distress.

She is represented by George Camerlengo with Camerlengo & Johnson of Redwood City.

Neither Kaiser nor SEIU-United Healthcare workers immediately responded to requests for comment.

Friday, December 12, 2008

Kaiser Permanente to pay $11.4 million total for retaliating against doctor who complained about patient care

I have been shocked at the unwillingness of Kaiser Permanente to make any effort to remediate problems that are brought to its attention. The people I have complained to have immediately thrown up a stone wall. Will this verdict cause Kaiser to respond differently to complaints? Will the persons responsible be fired? I doubt it.

Jury awards $7.5M more to former Kaiser doctor
Mercury News
The Associated Press
12/11/2008

A Los Angeles jury has ordered Kaiser Permanante to pay $7.5 million in punitive damages to a radiologist who was forced to resign from one the company's hospitals in 2006 after complaining about patient care.

The jury's decision on Thursday means Kaiser owes Dr. Michael Martinucci a combined $11.4 million. The same panel on Monday awarded the doctor $3.9 million in compensatory damages.

Kaiser says it will appeal Thursday's decision, saying it was "shocked and disappointed by the verdict."

Martinucci sued Kaiser after leaving the company, claiming he was forced to quit because he complained about work standards at the Hollywood hospital.

Martinucci was hired at Kaiser in 2003 and resigned three years later after his supervisor and a human resources staffer accused him of being racist and making sexual advances toward a male technologist.