Tuesday, March 10, 2015

If Pat McCrory, the Governor of NC doesn't care, where else do you go?

The last several posts were focused on SanStone and their so called "passion that makes us different" campaign. I am still seeing those damn commercials, but it's time to focus a little on the government agencies that oversee the medical industry.
The first complaint I made was to the North Carolina Department of Health Service Regulation. My brother and I made separate complaints with somewhat different issues. The people taking the complaint on the phone seem very concerned , and indicate a willingness to help. They are the only ones in the NCDHSR that show anything other than a sympathetic stand on the side of the nursing home.
After the complaint investigation of Hendersonville Health and Rehabilitation found no deficiencies, we were able to meet with the Western Regional Director, Gail Maloney. Sometime in late February of 2011, several family members met with Ms. Maloney at the Black Mountain office. We were armed with a signed statement from Mom's roommate that disputed the nurses account of the fall. Along with that we had gone through Mom's medical records and had so many discrepancies that we were sure to get results. There was missing medication, and medication records, wrong room numbers and outright false records. Surprisingly at the time Ms. Maloney saw nothing in our stack of papers that was wrong. Ms. Maloney went on to say that there was no one else above them and that there decision would be the last word.
In the meantime I had filed a complaint with the N.C Medical Board against Dr. Larry J. Russell. I alleged that he had not done his job, by not examining Mom after the fall. This was a big issue because of the fact that she had undergone brain surgery only six weeks before. Also the fact that although she had "met her goals" and was scheduled to go home, she died from no apparent reason. Dr. Russell found no reason for an autopsy, so none was done. I wonder if this could be attributed to the fact that he was one of the owners of Hendersonville Health and Rehabilitation ? Of course the N.C Medical board found on reason to even warn Dr. Russell, and went so far as to tell me they would retain these records in the event that they received any further complaints against Dr. Russell. I know for a fact that at least one other person filed a complaint with the NC Medical Board against Dr. Russell, and still no action. This person contacted me from a number on my blog last year.
Next step was a complaint with the NC Board of Nursing filed against Lara Mooney LPN and Susan Habel RN ( the director of nursing at Hendersonville Health and rehabilitation). I received a letter stating that Lara Mooney LPN was "strongly cautioned" but no explanation of what she was cautioned for. It seemed strange that although they found no wrongdoing, Lara Mooney was "strongly cautioned" for something. Several calls and emails later I was eventually directed to the boards attorney for any further questions I had!
Next step was a two hour meeting with an FBI agent in Asheville. Although he was not familiar with health care regulations, he saw plenty of things wrong with what we showed him. He was very pleasant and we thought we were finally going to get someone to actually look at Mom's case. Our relationship lasted for two years and we met one other time with two agents. The outcome of this is still unknown at this point.
You would think that would be the end of it, but not the case. I also contacted my Congressman (Heath Shuler) and he passed our information on to the Centers for Medicare and Medicaid Services in Atlanta. The contact there sent a letter stating that CMS applauded concerned citizens, and they would do a thorough investigation. The letter said they would also be forwarding our concerns to several different places. I never heard from them again, so I contacted the Congressman's office, who contacted CMS. Turns out that somehow our information never made it off the contacts desk.
I think that by now it is obvious that I am persistent. I have also contacted the CCME (Carolina's Center for Medical Excellence), NC State Medical Examiners office, NC Pharmacy Board , ABC News, the Office of Inspector General, three Senators and NCI Advancemed, the Zoze Program Integrity Contractor for Medicare. My brother has requested information from Advancemed two years ago through the Freedom of Information Act, and still has not received a response.
The bottom line is that not one of these contacts led anywhere. The attitude we have gotten could only be described as hostile and uninterested. I have also written to Governor Pat McCrory, and Aldona Wos ( Secretary of the NCDHHS) 

The branch of government that actually investigates fraud, and any broken laws, is the Office of Inspector General (OIG). They are actually a division of law enforcement. The OIG has more work than they can handle. there are so many crooked nursing home owners , the OIG cant keep up. The owners keep changing names and hiding behind several shell corporations. It would be a full time job just to know who owns what on which day.
Then you have people in high places that are owners of the homes. It is not surprising that the laws are tilted to the favor of the homes. There have been law suits that were won, and they cant figure out where to collect the settlement. The whole system needs a serious revamping.
With the current level of political contributions not being regulated, the rich owners of nursing homes can buy just about any politician they want. I'm not sure what they contributed to Governor Pat McCrory, but it was definitely enough to get him to turn his head. He went so far as to refuse Medicaid money for some reason. Could it be that Governor McCrory has something going in North Carolina that he doesn't want someone to know about? I am relatively certain that Governor McCrory's parents would never be caught dead ( pun intended ) in one of the local nursing homes.

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