Posted on 03/17/2010 12:35:45 PM PDT by John David Powell
A series of events continuing to unfold in a rural Texas county underscore the fact that the national healthcare reform debate has little to do with health care and even less to do with reform.
Unless you have more than a passing interest in healthcare waste, fraud, and abuse, you probably missed the acquittal of a hospital administrator charged with a felony for doing her job. This case is another example that proves my belief that state and federal agencies need to enforce existing rules and regulations instead of being saddled with sweeping legislation that will not guarantee your healthcare providers take care of you.
On Feb. 11, a state court jury in Andrews, Texas, took less than an hour to acquit Anne Mitchell of felony charges that she misused official information when she reported improper medical practices performed by a physician at Winkler County Memorial Hospital, a 19-bed facility in Kermit. The county prosecutor in January dismissed similar charges against Vickilyn Galle, another hospital administrator.
The following comes from published reports, state court records, and a federal lawsuit filed by the women against various hospital and county officials (www.casewatch.org/civil/mitchell/suit.pdf).
Mitchell and Galle, registered nurses, worked at the hospital for 25 and 24 years, respectively. Mitchell served as compliance officer, utilization review back-up, and co-medical staff coordinator. Galle was head of quality improvement and utilization management and was the other co-medical staff coordinator. The credentialing of all hospital physicians and the review of patient quality issues were among Mitchell’s responsibilities.
Mitchell was in her position in April 2008 when the hospital, contrary to its bylaws, hired Rolando Arafiles, Jr., MD, who, at the time, was under a three-year restriction from the Texas Medical Board, which kept him from supervising or delegating prescriptive authority to a physician assistant or advance practice nurse, or to supervise a surgical assistant.
A year later, after the hospital’s board ignored reports by Mitchell and Galle regarding medical-related incidents involving Arafiles and five patients, the women filed an anonymous complaint with the TMB, as required by law and hospital accreditation rules. Mitchell and Galle alleged Arafiles performed improper medical procedures and was using herbal medicines not dispensed by the hospital’s pharmacy.
The TMB sent Arafiles a letter, as required, telling him about the complaint, which he turned over to his friend, patient, and alleged partner in an herbal supplement business, Winkler County Sheriff Robert Roberts, Jr. The high sheriff started an investigation, but not into the doctor’s questionable medical practices. No, the high sheriff took it upon himself to find out who ratted out the good doctor. In doing so, the women and the TMB, thinking the high sheriff was conducting a legitimate probe into the allegations, fessed up to the women’s identities.
One thing led to another which led to the eventual indictments and arrests of the women in June 2009 for obtaining and disseminating confidential patient information, a third-degree felony carrying jail time of up to ten years and a fine of up to $10,000. The high sheriff was the only witness to testify before the grand jury.
By the way, the hospital canned the women just before the indictments.
The jury foreman said the six men and six women didn’t know why Mitchell was arrested. The high sheriff chalked up the acquittal to a good spin by the defense.
Three months after the indictments, the U.S. Department of Health and Human Services Center for Medicare and Medicaid Services conducted an investigation, what CMS calls a survey (www.winklerpost.com/postforum/index.php?topic=26.0). CMS found the hospital medical staff violated the facility’s by-laws by approving Arafiles for active status privileges while he was under the three-year Texas Medical Board restriction.
CMS determined the hospital failed to prevent Arafiles from performing a non-emergency room procedure in the ER, a procedure Arafiles botched, requiring a referral to a plastic surgeon in another city. CMS also found that Arafiles used oxygenated olive oil, an herbal creme he carried in his car, on a patient, not once, but three times.
And CMS said the hospital improperly fired the women who were doing their jobs as required.
Hospital honchos responded to each finding by saying, in effect, it happened as described, that they were really, really sorry about it, and that they promise to try to not let it happen again, really.
In some Texas towns, running a red light can cost you $75. In Texas, it seems, a hospital can hire a physician in trouble with the state, allow improper medical procedures, and punish employees for following the law in the protection of patients without having to pay anything except an apology. If Congress really wanted healthcare reform, it would give CMS the authority to punish with high fines and misdemeanors slimy hospital administrators and physicians who consider quality patient care an inconvenience.
(Video commentary at www.youtube.com/watch?v=4iDGNswVs-k)
John David Powell is an award-winning Internet columnist and writer. His email address is johndavidpowell@yahoo.com.
Integrity - the one thing you cannot replace if you ever lose it.
Good article.
Because physicians are scarce.
This is from a 2007 contact list of congressional aides. Some might not be there any longer, but worth a try.
Contact congressional aides.
http://www.freerepublic.com/focus/f-news/1857768/posts
U.S. Senate switchboard: (202) 224-3121
U.S. House switchboard: (202) 225-3121
White House comments: (202) 456-1111
Find your House Rep.: http://www.house.gov/writerep
Find your US Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm
Toll free to the US Senate:
1-800-882-2005. (Spanish number)
1-800-417-7666. (English number)
Courtesy of a pro-amnesty group, no less!!
Defeat Obamacare call list: List now contains the new MAYBES culled from FR posts. Be sure to call KNOWN RINOS too.THEY ARE ANSWERING THEIR LOCAL NUMBERS
Here is one of the ones Rush gave out on the radio that I’m calling. So far it’s been busy but I’m going to burn it up till I get to tell my congress critter to vote NO!
Join me?..... 1-877-762-8762
KEEP THE CALLS UP! DC OFFICE LOCAL OFFICE
CODE RED Contact list http://www.nrcc.org/CodeRed/targets/
Remember they are all being offered BRIBES for their votes. Ask them how much their bribe price is.
The National Republican Congressional Committee has published a target list on health care. In addition to continuing to contact the five Tennessee Democrat Congressmen, you can go http://www.votervoice.net/link/clickthrough/ext/94697.aspx to contact some of these targets. Much of the talk following Obama’s announcement has focused on how to defeat this second bill through reconciliation, but that is misleading because the first step to defeating Obamacare is not by concentrating on defeating the “fixer” bill but by defeating the Senate bill in the House when it goes to the floor for an up-or-down vote on Thursday, March 18th.
New FLIPPERS
Dennis Kucinish, Lakewood 216)228-8850, Fax (216)228-6465,
Parma. 440)845-2707, Fax (440)845-2743, DC (202)225-5871
Fax (202)225-5745
James Oberstar (202) 225-6211, Duluth (218) 727-7474, Chisholm (218) 254-5761, Brainerd (218) 828-4400, North Branch, (651) 277-1234
Rep. Lincoln Davis 202-225-6831 Columbia office: 931-490-8699
Rep. Jim Cooper 202-225-4311 Nashville office: 615-736-5295
Rep. Bart Gordon 202-225-4231 Murfreesboro office: 615-896-1986
John Tanner (202) 225-4714, Union City, (731) 885-7070, Jackson Phone: (731) 423-4848, Millington (901) 873-5690 TN (MAYBE)
Rep. Steve Cohen 202-225-3265 Memphis office: 901-544-4131
Harry Mitchell (202) 225-2190 (480) 946-2411 AZ 5th District
Gabrielle Giffords (202) 225-2542 (520) 881-3588 AZ 8th District
Ann Kirkpatrick (202) 225-2315 (928) 226-6914 AZ 1st District
Jerry McNerney (202) 225-1947 925-833-0643 CA 11th District
John Salazar 202-225-4761 970-245-7107 CO 3rd District
Jim Himes (202) 225-5541 (866) 453-0028 CT 4th District
Alan Grayson (202) 225-2176 (407) 841-1757 FL 8th District
Bill Foster (202) 225-2976 630-406-1114 IL 14th District
Baron Hill 202 225 5315 812 288 3999 IN 9th District
Mark Schauer (202) 225-6276 (517) 780-9075 MI 7th District
Gary Peters (202) 225-5802 (248) 273-4227 MI 9th District
Dina Titus (202) 225-3252 702-256-DINA (3462) NV 3rd District
Carol Shea-Porter (202) 225-5456 (603) 743-4813 NH 1st District
Tim Bishop (202) 225-3826 (631) 696-6500 NY 1st District
John Hall (202) 225-5441 (845) 225-3641 x49371 NY 19th District
Bill Owens (202) 225-4611 (315) 782-3150 NY 23rd District
James Matheson Toll-Free Number 1 (877) 677-9743 (202) 225-3011Mike Arcuri (202)225-3665 (315)793-8146 NY 24th District
Dan Maffei (202) 225-3701 (315) 423-5657 NY 25th District
Earl Pomeroy (202) 225-2611 (701) 224-0355 ND At-Large District
Steven Driehaus (202) 225-2216 (513) 684-2723 OH 1st District
Mary Jo Kilroy (202) 225-2015 (614) 294-2196 OH 15th District
Zach Space (202) 225-6265 (330) 364-4300 OH 18th District
Kathy Dahlkemper (202) 225-5406 (814) 456-2038 PA 3rd District
Patrick Murphy (202) 225-4276 (215) 826-1963 PA 8th District
Christopher Carney (202) 225-3731 (570) 585-9988 PA 10th District
Paul Kanjorski (202) 225-6511 (570) 825-2200 PA 11th District
John Spratt (202) 225-5501 (803)327-1114 SC 5th District
Tom Perriello (202) 225-4711 (276) 656-2291 VA 5th District
Alan Mollohan (202) 225-4172 (304) 623-4422 WVA 1st District
Nick Rahall (202) 225-3452 (304) 252-5000 WVA 3rd District
Steve Kagen (202) 225-5665 (920) 437-1954 WI 8th District
Bart Stupak (202) 225 4735 MI (MAYBE)
Brian Baird (202) 225-3536, Vancouver, (360) 695-6292. Olympia, (360) 352-9768, (MAYBE)
senator mark begich (202) 224-3004 toll free. (877) 501 - 6275 just became a MAYBE
Jason Altmire 202-225-2565, Aliquippa, 724-378-0928,
Natrona Heights, 724-226-1304 (MAYBE)
On the Bubble (Major developments from the “yes” and “no” columns in the House)
http://www.freerepublic.com/focus/news/2467046/posts
Congressional Dems on Twitter
http://www.arrghpaine.com/congressional-dems-on-twitter
And here are toll-free numbers we can use to call any Senators or Reps.
At the first number below you must wait through a tape recording urging you to tell your Rep or Senator to vote “yes” for the health care bill. Just hang on and when the recording is over, you will get the Capitol operator. Just ask for your Rep or Senator’s office. Then you will either talk to an aid or have the chance to leave a message for him/her to vote NO on the health care bill.
When you use the second number and the Capitol operator comes on, just ask for your Rep or Senator’s office. Every time I use this number I get the Rep or Senator’s answer machine, so it may be set up that way all the time...to go to their answer machine. Either way you can leave a message to vote NO on the health care bill!
We need to use these toll free numbers that have been set up for the health care/ BO supporters and illegals to use! After all they are FREE!
1-800-828-0498 , 1-866-220-0044, 1-866-338-1015, 877-851-6437, 877-210-5351
Texas medical docs have a lot of bought and paid for power in Austin - too much.
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