Jim Kenny
1. You wrote: “If you were an elected official in a public forum, you couldn’t make such bold and fraudulent assertions. In fact, I’ve never accused anyone of lying.” So you accuse me of fraud in one sentence and then say you never accused anyone of lying in the next. LOL! Summers and Madigan are doing it in a public forum nearly every week.
2. Getting $40 million for assets appraised at $120 million is not a good deal. That’s a scam.
3. You talk about wisdom, Summers, Tom Gable, Ellen Brzytwa, Madigan, and Bullock et al. have failed at LHA--- according to them, they have manage to destroy a 100 year old institution under their watch—it’s a failure. That they and the LHA Board as a whole have completely failed in leadership is beyond debate--1. they have stood by and let hospital services be diminished in violation of the agreements they are duty bound to supervise and enforce; -- 2. they have accepted without challenge the CCF reasons for declining patent volumes "changes in healthcare", "market forces" vs CCF manipulation and self-interest. The hospital is in a free fall and they sit on their hands.
4. Here is just some of the evidence of what you call my back patting:
I counted 8 times that Jim Kenny used the phrase "new Lakewood Hospital" when he referred to the Clinic's plan in his piece "I Live in Lakewood, So I Speak for Me" printed in today's Observer. A "Hospital" is defined as "A facility that provides emergency, inpatient, and usually outpatient medical care for sick or injured people." Per Dr. Brian Donley, the Clinic's proposal is to build a "specialty referral center", it is not a hospital that provides inpatient care. I would like to hear more from Mr. Kenny as to the claim that the Clinic is only obligated to provide 3 services and that the "new hospital" will expand services to 22 offerings.
Jim,
1. Below is the full text of Ohio Revised Code section you referred to and after my first read it seems to include "inpatient" services at (B)(2).
2. I'm not sure where you come up with the 22 offerings from the defunct LOI?
3. What sections of the Definitive Agreement can you point to for your conclusion that "The Clinic’s contract with the Lakewood Hospital Foundation obligates it to deliver Emergency, OB/GYN and Acute Care Surgery services until 2026. Any other services are discretionary."?
4. Can you explain how taking $26 million of liquid hospital assets to destroy most of the physical assets valued at $70 million to deliver a cleared piece of land to the Clinic at land value only while the Clinic strips all physical assets and equipment (e.g. cath lab etc) for free is the best we can do as a City?
5. Do you think that having a public bidding process for the assets i.e. more than one bidder might yield better pricing on the sale of City assets?
3727.01 Health maintenance organization - hospital defined.
(A) As used in this section, "health maintenance organization" means a public or private organization organized under the law of any state that is qualified under section 1310(d) of Title XIII of the "Public Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the following:
(1) Provides or otherwise makes available to enrolled participants health care services including at least the following basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive service, and out-of-area coverage;
(2) Is compensated, except for copayments, for the provision of basic health care services to enrolled participants by a payment that is paid on a periodic basis without regard to the date the health care services are provided and that is fixed without regard to the frequency, extent, or kind of health service actually provided;
(3) Provides physician services primarily in either of the following ways:
(a) Directly through physicians who are either employees or partners of the organization;
(b) Through arrangements with individual physicians or one or more groups of physicians organized on a group-practice or individual-practice basis.
(B) As used in this chapter:
(1) "Children's hospital" means any of the following:
(a) A hospital registered under section 3701.07 of the Revised Code that provides general pediatric medical and surgical care, and in which at least seventy-five per cent of annual inpatient discharges for the preceding two calendar years were individuals less than eighteen years of age;
(b) A distinct portion of a hospital registered under section 3701.07 of the Revised Code that provides general pediatric medical and surgical care, has a total of at least one hundred fifty registered pediatric special care and pediatric acute care beds, and in which at least seventy-five per cent of annual inpatient discharges for the preceding two calendar years were individuals less than eighteen years of age;
(c) A distinct portion of a hospital, if the hospital is registered under section 3701.07 of the Revised Code as a children's hospital and the children's hospital meets all the requirements of division (B)(1)(a) of this section.
(2) "Hospital" means an institution classified as a hospital under section 3701.07 of the Revised Code in which are provided to inpatients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care for a continuous period longer than twenty-four hours or a hospital operated by a health maintenance organization. "Hospital" does not include a facility licensed under Chapter 3721. of the Revised Code, a health care facility operated by the department of mental health and addiction services or the department of developmental disabilities, a health maintenance organization that does not operate a hospital, the office of any private licensed health care professional, whether organized for individual or group practice, or a clinic that provides ambulatory patient services and where patients are not regularly admitted as inpatients. "Hospital" also does not include an institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under section 501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing twenty-four hour nursing care pursuant to the exemption in division (E) of section 4723.32 of the Revised Code from the licensing requirements of Chapter 4723. of the Revised Code.
(3) "Joint commission" means the commission formerly known as the joint commission on accreditation of healthcare organizations or the joint commission on accreditation of hospitals.
Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.
Amended by 129th General AssemblyFile No.127, HB 487, §101.01, eff. 9/10/2012.
Amended by 128th General Assemblych.127, SB 79, §1, eff. 10/6/2009.
Effective Date: 04-10-2001; 2008 SB279 01-06-2009
Jim,
Thomas Jefferson never engaged in arguments because he said he never saw two men in an argument where one convinced the other of his point of view. So here is where I can agree with you:
1. If you count as "inpatient beds" the gurneys that patients will rest on for the few minutes before being transferred to a real hospital, then the specialty referral center is a "new hospital". So we agree.
2. I would be careful of relying on what the Mayor says---he may believe what he says and you may believe what he says, but much of what he says is unbelievable--I do admit that he's a nice guy and sounds sincere and believable. So we can agree that you believe him.
3. If you and Council are relying on Mayor Summers' interpretation of the Definitive Agreement then why are they paying Thompson Hine $200K and Huron Consulting $75K partly to get advice as to ineterpretation? I spent 2 1/2 hours with Mayor Summers one on one on April 8, 2015 and I can say beyond any reasonable doubt that had no clue about the key provisions of the Definitive Agreement and Lease--he didn't seem to care about the terms of the agreements or that the primary purpose of the agreements was to protect our most vulnerable citizens. I wasn't at the meeting you say occurred, but I'll agree with you that Council may not have disputed Mayor Summers' interpretation, but you and I can agree that most ladies and gentlemen on Council don't call each other or the Mayor liars or openly contradict even their obvious mistakes in public. You and I agree that's just not nice.
4. We both agree that if I am right, you would feel like a victim. If believe what you believe and you are wrong, them we can agree that you are in fact a victim. I am confident that you will someday realize that you are victim and all who have victimized you, but it will likely be too late for you to do anything about it we let the Clinic call the shots as you put it.
5. I agree with you that the Clinic calls the shots for LHA, Summers, certain others and you. You seem to accept that--which makes you a victim of at least the Clinic's perceived power. I do not agree that they call the shots for me and I believe a super majority of the 52K Lakewood residents think the way I do. I agree with the part of your piece in the Observer that our elected representatives call the shots--hopefully with our input. I thin we can agree if one party actually calls the shots, then we then it would not be an "agreement"--it would be a capitulation. Likewise we would not be working "with" them, but "for" them.
We'll just agree to disagree on your last point. The Clinic does not work with anyone, they try to have their way--they run over people and communities. They are working against the citizens of Lakewood, especially the underserved and the most vulnerable among us---they care more about money than people or healthcare.
If I agreed with the rest of what you wrote, then we would both be wrong and we would both be victims. I'm doing my level best to avoid that.
Jim Kenny,
Your tactics are obvious--just like those you employed while on Phase 3--a campaign of disinformation—the intentional mixing of some true information with false information to create a false conclusion. You build seemingly logical arguments on top of false premises. You make specific factual misstatements to arrive at false conclusions and when called out on the specifics, you shift to fluffy false general statements. You completely ignore facts that you can’t get around. You accuse others of doing exactly what you are doing, i.e. fixating on one part of the deal. Here are just a few of the facts that underscore my point:
1. The “Market Forces” ploy is the biggest lie being told in this debate. “Market Forces” are a constant in every industry--not something new like a dagger that comes from nowhere to kill a business. Are market forces “shuttering” Lutheran, Fairview, CCF Main campus or Metro? No. What about the payer mixes in those neighborhoods? Game, Set, Match on the facts, but you and the others in your disinformation campaign will keep saying it.
2. The Clinic has not and is not honoring its contract—that will be shown by DeVito et al.
3. The hospital is losing money now because the Clinic, LHA and Mayor Summers have caused it to lose money—in the first quarter ended 3/31/2015 the long term investment pool actually went up over $1 million despite self-inflicted losses. I could say that is being done maliciously or with reckless disregard, but then I would be accused of being “emotional”—another disinformation tactic to marginalize the folks you claim to want to help.
4. Since you are digging into the facts please address what happened to this:
http://www.crainscleveland.com/article/ ... d-hospital The first sentence of the Crain's article: "The Cleveland Clinic has committed to spending at least $28 million to renovate Lakewood Hospital over the next five years under a plan called Vision for Tomorrow." What went wrong with the Clinic’s plan? Does the Clinic call the shots or not? Trust requires a track record, and you can’t drink the Clinic’s track record in Lakewood pretty---it has taken them just 5 years to destroy a century of value.
5. Contrary to your belief, you don’t have to be lying to be untruthful—in the end it doesn’t matter if the Mayor believes what he says if what he says is not true.
6. You completely ignore the underserved and most vulnerable. How do you plan to take care of them if you win your campaign to end the “business” of maintaining a hospital? That business has paid the citizens about $10 million a year in dividends just since 1996 without the City spending a nickel. I guess you agree with the Mayor about “those people.”
7. If you really want to understand what went wrong in 1996 and what is wrong with those clinging emotionally to the LOI, I invite you to meet with me and Pillar of Medicine award winner, Terry Kilroy, who was there in 1996 arguing against it and now argues against this looming disaster. You and your group would be wise to heed his ongoing warnings. Call me at 216 346 3434 so we can get emotional together in person.
