Time for Hospitals To Act as Good Corporate Citizens

Malinda Markowitz
Co-president, California Nurses Association

Has therapeutic healing and recovery become a vanishing mission among California hospitals? Are California hospitals operating as big corporations more devoted to piling up cash than to assuring the delivery of care?

A look at how California’s private, not-for-profit hospitals are meeting their responsibilities for providing charity care and community benefit programs suggests many have lost their way.

In 2010 alone, not-for-profit hospitals pocketed $1.8 billion dollars in government subsidies through their tax breaks and other benefits above what they returned to patients in charity care, as documented in a California Nurses Association report based on public data.

Nearly half that total was recorded by just two of California’s biggest hospital chains, Kaiser Permanente and Sutter Health, which also happened to account for almost half of the 100 not-for-profit hospital executives who received pay packages of more than $1 million a year.

While many hospitals are no doubt good corporate citizens, these numbers undermine credibility for the hospital industry as a whole, especially when some apparently count marketing, cost-cutting and other dubious practices as their community benefit program.

Instead of opposing a common sense bill like AB 975, just as they have fought nearly every reform aimed at strengthening patient protections in California, hospital lobbyists should welcome this legislation as a way to restore public confidence that they are being genuinely transparent, accountable and acting in good faith in the delivery of charity care and community benefit.

California’s nurses salute Assembly members Bob Wieckowski and Rob Bonta for introducing AB 975. The bill is supported by California Nurses Association and an array of other labor and consumer groups, as well as elected leaders who believe we need common standards and a level playing field with equal expectations for all not-for-profit hospitals that reap the rewards of their tax exempt status.

Regrettably, implementation of the Affordable Care Act will not end the health care crisis. We continue to see patients skipping needed medical treatment, cutting prescription pills in half, unable to pay exorbitant hospital bills and facing huge out-of-pocket costs for insurance they can barely use.

Until we can achieve more far-reaching health reform, it is more important than ever for hospitals to compete in providing appropriate and equitable levels of charity care and community benefit, and not in who can most resemble Lehman Brothers or Goldman Sachs

Read more

 

Sanford put in the hotseat over attempted Fairview/U of M takeover

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Minnesota Attorney General Lori Swanson listening to Sanford executive testimony

Sanford Health has a lot of money and a lot of hospitals, but one more thing they’re bringing to Minnesota is scrutiny.  The nonprofit healthcare giant that runs facilities from Adrian to Wheaton now wants to add the Twin Cities to its corporate footprint, but Sanford executives got an earful of how their arrogance caused them to underestimate the height of the hurdles needed to takeover Fairview Health and the University of Minnesota Medical Center and research labs.

Minnesota Nurses have been talking about the short staffing situations in Bagley, Bemidji, Thief River Falls, and other facilities since Sanford took those over.  MNA President Linda Hamilton and Bemidji bargaining unit chair Peter Danielson were invited to give testimony.  Hamilton was asked to speak about the effects of the continued corporatization of healthcare through hospital takeovers.  She prepared a statement showing how local hospitals become funnels for corporate giants to send patients to their hospital headquarters out of state.  She also came ready to talk about the lack of investment in needed women’s care versus Sanford’s expansion into high-dollar facilities such as orthopaedics and cath centers.

Danielson was invited to speak as a nurse in a Sanford facility who has seen patient care decline due to cost-cutting.  He tells of how a nurse with a patient recovering from lung surgery, for example, should only receive one more patient assignment but at Sanford they can get five more.

The Attorney General’s inquiry into a possible Sanford takeover of Fairview reveals that the cruel cost-cutting nurses have experienced is only the proverbial tip of the iceberg.

Swanson started by indicating that her office had been investigating Sanford Health for months for, of all things, incomplete nonprofit paperwork.  Swanson said, when her office subpoenaed Sanford for 21 necessary inquiries to approve nonprofit status in Minnesota, Sanford failed to respond, and her office noted that Sanford only recently replied with one document of answers.

Before calling representatives of the three parties, Sanford, Fairview, and the U of M, Swanson established through healthcare and non-profit experts that a deal of this type would have to be extraordinarily analyzed to pass muster.

Brian Short, a consultant in non-profit governance, noted that non-profits do have shareholders because the taxpayer pays the taxes that non-profits don’t to help them with their mission.

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Swanson thanks MNA President Linda Hamilton and Bemidji nurse Peter Danielson for agreeing to testify in the Sanford-Fairview merger

David Feinwachs, former attorney for the Minnesota Hospital Association, agreed that not only would this deal be like selling the county library to Barnes & Noble, but Sanford getting the U of M Medical Center sounds more like the library going to Wal-Mart.

Sanford executives clearly looked uncomfortable in their seats when their speakers, COO and Senior Vice-President Becky Nelson, and Senior Executive Vice-President David Link got grilled by Swanson.  Nelson told the Attorney General and her staff that Sanford and Fairview should be allowed to pursue these preliminary talks but then revealed that months of regular meetings between the two companies had been going on, which produced 10-15 “synergy” documents and cost analysis.

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Sanford Vice-Presidents under cross-examination by Minnesota Attorney General

Nelson and Link both shrank from questions about Sanford’s many donations to sports teams and stadiums by calling them investments into youth physical fitness.

Then Sanford execs sounded unclear on the relationships between the non-profit Sanford Health systems and Sanford’s other, for profit companies.  It was revealed that Sanford Health still uses the Sanford-owned Premier Bank to process payments.  The hospital chain uses a debt-collection company called Rushmore Service Center, also a Sanford company.  The A-G also pressed the two vice-presidents on a new company, Sanford Applied Bioscience, a medical research company.  When Swanson pressed for who sits on the board of the for-profit laboratory, neither could answer.  When she asked Link again, he suddenly remembered that he was.

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Sanford attorneys answering the Minnesota AG about why they haven’t responded to simple requests for license information

Nurses and patients in the standing-room only hearing room heard some news that would indicate that a Sanford-Fairview takeover is far from a done deal.  Fairview acting-CEO Chuck Mooty said that if the University of Minnesota is opposed to this deal, it won’t go through.  When Swanson asked him to clarify who would make that decision, Mooty indicated that U of M President Eric Kaler has the veto vote.  U of M General Counsel Mark Rotenberg also said that any deal would have to address the U’s missions of educating healthcare professionals and medical research.  Rotenberg also told the Attorney General that the U of M would not accept any alumni contributions to any sports teams or facilities that could show a conflict of interest during this inquiry.  That may have been in response to a recent newspaper story that Kaler was spotted in Augusta, Georgia, with T. Denny Sanford at the Master’s Golf Tournament.

Due to the length of the cross-examination of witnesses, two invited MNA witnesses didn’t get a chance to speak.  Swanson said Hamilton, Danielson and other witnesses will take the stand at the second public hearing over Sanford and Fairview on April 21.

Collusion on charity care abuse just the latest

SEIU-UHW’s Dave Regan’s sordid scorecard: ‘We are proud of it and would do it again’ says Regan of his attack on ratios

When the usual corporate suspects lined up before the Assembly Health Committee last week to oppose a CNA-sponsored bill to require some non-profit hospital giants to stop treating their tax exempt status like a Cayman Islands tax shelter, they had a special friend in tow.

That was SEIU-UHW rubbing shoulders, again, with the California Hospital Association, CHA (chief lobbyist for the state’s biggest hospitals), Kaiser Permanente, Sutter, Cedars-Sinai Medical Center, and the California Chamber of Commerce (main state advocate for Wall Street).

SEIU-UHW,  which only a year ago was collecting signatures on a similar initiative to hold non-profit hospital corporations accountable for meeting their charity care obligation, now was telling the committee it was worried about the “uniquely uncertain landscape” created by the Affordable Care Act.

So were SEIU-UHW and its president Dave Regan being dishonest last year when pushing their initiative, at a time when the problems with the ACA were already quite clear? Did they just suffer a sudden loss of conscience?

Was that initiative, which conveniently exempted Regan’s top partner, Kaiser, a fraud, quickly dumped when Regan signed a secret deal with CHA?

Or are Regan and company now just making up new pretexts for marching in lockstep with their hospital industry mates?

For more on the charity care bill, read here http://www.nationalnursesunited.org/press/entry/bill-to-hold-hospitals-accountable-on-charity-care-passes-first-california-/

And here http://www.mercurynews.com/breaking-news/ci_22971313/two-bay-area-lawmakers-seek-hold-tax-exempt

Why Kaiser RNs are supporting NUHW-CNA

As thousands of Kaiser health care workers this week begin receiving ballots on whether to dump Regan’s SEIU-UHW and vote to join the CNA-affiliated NUHW,  it’s worth revisiting the sordid record of Regan and his top managers the past two years.

Regan’s attack on RN ratios

Most infamously, Regan last spring agreed to a request from CHA CEO Duane Dauner to lobby California legislators to introduce a bill last year to fulfill the CHA’s decade long goal to overturn the state’s landmark ratio law.

As part of the scheme, Regan was to urge the California Labor Federation, umbrella organization of California unions, to go along with that proposal.  Regan fell on his face, failing to win the support of a single legislator or other union.

Read more here http://www.bizjournals.com/sacramento/blog/kathy-robertson/2012/06/unions-health-care-nurse-ratio.html?page=all

And here

http://www.nationalnursesunited.org/news/entry/cna-wages-war-against-uhw-in-california-claiming-attempt-to-suspend-staffin/

Has Regan had second thoughts about his proposal to sabotage a law that is saving the lives of thousands of California patients, some of whom are even Regan’s own members?

Not at all. “We are proud of it and would do it again,” said Regan in a radio interview last week.  http://www.kpfa.org/archive/id/90399 

Regan’s promotion of ‘Wellness’ schemes to erode health benefits

Regan has teamed with CHA and other hospital employers to promote “wellness” programs supposedly intended to encourage healthy personal habits to reduce overall healthcare costs. The public CHA-SEIU-UHW joint wellness initiative for California is what Regan publicly received in return for abandoning his charity care initiative.

The employers’ real goal, of course, is slashing what they pay for worker health coverage, and forcing workers to pay far more out of pocket for not meeting arbitrary “wellness” goals, even if they have chronic or genetic health conditions that have nothing to do with “life style” choices.

Recent evidence documents that the “cost controls” come from, you guessed it, cost shifting from the employer or insurer to the employee.

The plans, which more hospitals are seeking to make mandatory, also involve substantial invasion of personal privacy. 

Read more here http://www.washingtonpost.com/blogs/wonkblog/wp/2013/03/04/corporate-wellness-programs-not-quite-the-cost-savers/ 

And here http://www.labornotes.org/print/4146

Regan’s concessionary contracts

RNs across California who work side by side with SEIU-UHW members are probably already aware of the sweeping concessions Regan and his coterie have signed with hospital managers.

Here’s a list just for Kaiser:

  • $1.8 billion in retiree health benefit cuts
  • Closed door talks to dump defined benefit guaranteed pensions for 401 (k) plans subject to shaky market swings.
  • Higher out of pocket health coverage costs tied to “wellness” goals 
  • 1,000 announced layoffs of UHW-SEIU members
  • Subcontracting union jobs 
  • A 9 cent per hour labor-management “partnership” tax to Kaiser paid by every UHW-SEIU member
  • Marketing Kaiser’s business plan goals, including silence when Kaiser cuts mental health and other patient services

And in other hospital systems, SEIU-UHW has agreed to wage freezes, deep cuts in health and pension plans, requiring members to go through a bidding process following seismic rebuilds, and public testimony in support of employers’ corporate initiatives.

Shilling for hospital employers—that’s the Regan legacy, and why so many Kaiser workers are voting this week to replace him.

 

 

MNA NewsScan, April 8, 2013: C-Diff on the rise; Swanson grills Sanford execs

NOTES ON NURSING

Better Staffing Would Help  Hospitals Fail to Take Simple Measures to Thwart Deadly Infections    The culprit is a strain of a spore-forming bacterium known as Clostridium difficile, or C. diff—in particular, a relatively recent strain that has grown more virulent and resistant to drugs.

LABOR UPDATES

Twin Cities Metro Plumbers Devote a Day of Service to Help Those in Need   It’s a chance to help Minnesotans who might not otherwise be able turn to a professional plumber, and to reduce wasted expenses going down the drain.

CEO Percs Flying High    Dodd-Frank rules? Securities and Exchange Commission lawyers? Leave them behind. And let yourself sink into the buttery leather seat of your corporate jet as it soars through the clouds.

HEALTH CARE

Swanson Grills Sanford Execs on Fairview Merger; MNA Leaders Testify    The merger proposal that could give Sanford Health control of the University of Minnesota Medical Center also has focused attention on the U’s relationship with Denny Sanford, an alum who is a major benefactor of U athletics.

MN Safety Net Hospitals Changing the Rules of the Game to Help Underprivileged   Under the Minnesota experiment, “those at a higher risk now have a care team who works with each patient, to keep them out of the emergency room,” said Peggy Metzer, CEO of People’s Center Health Services.

Nevada Discharging Mental Health Patients with Bus Tickets to Other States   Preliminary reports suggest that Nevada has made a habit of discharging mental patients by bus to other states. Rawson-Neal, the state’s primary hospital for mentally ill people, bused about 100 state psychiatric patients to California between July 1, 2012, and the end of February, and scores more to other states, according to data provided by Nevada health authorities.