Friday, February 17, 2012

AG Issues Support With State High Court For Healthcare District, San Leandro Hospital

Feb. 17, 2012 | California State Attorney General Kamala Harris' office filed an amicus brief Thursday with the State Supreme Court urging the high court to accept the Eden Township Healthcare District’s petition to continue its legal challenge involving Sutter Health over San Leandro Hospital.

The filing is the second time her office has offered support for the District and its lawsuit against Sutter over title to the community facility. The first being the District’s unsuccessful attempt at the State Court of Appeals level to overturn an earlier decision in Alameda County Superior Court over a government code used to bar public officials from negotiating deals while maintaining a conflict of interest.

“In the present matter, the parties’ relationship spans several years and involves a number of complicated transactions, but the facts pertinent to the section-1090 issues are straightforward," said the brief. "The District is a public agency whose contracts are governed by section 1090. Sutter Health and Eden Medical Center, two private entities, executed a group of related contracts for the operation of certain healthcare functions. Two District officials who derived income from Eden Medical Center actively participated in negotiating those contracts.”

At issue is the District’s charge that a memorandum of understanding signed in 2008 by two officials alleged to have financial interests in the rebuilding of Eden Medical Center in Castro Valley and the demise and possible closure of San Leandro Hospital. Attorneys for the District contend the participation of a former District board member and an executive who concurrently served as CEO of both the District and Eden Medical Center were violations of section 1090.

Dr. Francisco Rico, who maintained a partnership in an anesthesiology group possessing exclusive contracts with both San Leandro Hospital and Eden Medical Center at the time of the 2008 deal was cited in the District’s suit along with Sutter-run Eden CEO George Bischalaney, who maintain the same position concurrently as the District’s top administrator.

Sutter has long maintained the right to the title of San Leandro Hospital as described in the 2008 agreement. Two courts have also agreed.

But, the attorney general’s brief asserts the Court of Appeals decision focused too narrowly on the “financial interest” element of the section 1090.  Instead, it posits a financial benefit under the code is not required to prove a violation. The two lower courts found neither Rico nor Bischalaney received monetary gain from the agreements. Previous decisions also found Bischalaney did not directly participate in the negotiations between the two sides in 2008.

“A grant of review in this matter will help ensure that judicial decisions regarding section 1090 remain consistent and minimize the potential for confusion,” according to the current amicus brief. After the appellate court’s decision was handed down last November, city attorneys in both San Leandro and Hayward issued public and private concerns over whether or not it had set a new precedent for public officials in potential conflict of interest cases. Typically, state courts have used a broad standard of interpretation when deciding cases using section 1090.

In the meantime, the State Supreme Court has not decided to accept the District’s petition filed Jan. 30. The high court has between 60-90 days to issue a decision. In either case, as the court of last resort, the nearly three-year legal battle over San Leandro Hospital will end here.

On the agenda for the city's Feb. 21 council meeting is a proposal to create an Ad-Hoc committee charged with discussing the future of San Leandro Hospital and the overall outlook for health care in the city.


Entire letter here at this link:

The AG feels she can assert "political pressure" on the Supreme Court to overturn the lower court's ruling. Let's say she is successful, does it keep the hospital open? What if Sutter just walks away and tells the district-"ok its yours, your run it." Then what? District does not have the dollars to operate the facility and if matter goes to trial I maybe a witness-probably for Sutter! Tony santos

Hi Tony how is life under your rock, kind of damp I would suppose. Well lets see if you read everything that has appeared here on the EBC what again was a reason for St.Rose to want to go to ETHD, I believe it was stated so as to get Govt. help by joining, so I would suppose if it were available to St.Rose it could also be available to SLH, and if it should go to trial where else would you go but to Sutters side, thats where you have been all along, it was obvious not only to me but to the voters of our city, our new Mayor has done more in the short time he has been in office than you did your entire time as Mayor, so just take you sorry loser attitude back under your rock. John Kalafatich ( PAPA JOHN )

Anonymous at 9:24pm is disturbed. Papa John is just wierd and stupid. Great supports and employees of SLH. No matter what your side you have to be offended by these two.

How sad for us.

Hey how sad for us, before calling names why not put yours on your emails, it kind of makes me want to call names also, you weak kneed bucket of puke, my guess is you are somewhere up Sutters anal orifice and cant see what the hell is going on, what is your big reason for wanting the hospital to close so your benefactor Sutter anus can make a few more billions while claiming to be non profit, the sad part is gutless wonders like you exist who have nothing of any value to give to the world so you just envy those of us who do, what a sorry life you must lead. John Kalafatich ( PAPA JOHN )

If you nullify the 2008 MOU, Sutter still has a contract to run San Leandro Hospital signed in 2004. The AG in the brief realizes not all part of the 2008 MOU should be nullified. Part of the agreement is to rebuild Eden, which is almost done. Both sides are happy with that section of the deal.

Remember, there was only a need for the disastrous 2008 deal because Sutter reneged on the 2004 agreement. This is where everything pivots. Sutter scares the previous Eden Township board that Eden will not be rebuilt, but instead Sutter would build in Dublin/Pleasanton. Rico, Ratnesar and others freaked out acquiesced to Sutter's desires. Eden rebuilt. San Leandro set up to fail and face closure and the next four years spent trying to undo an awful deal for the community.

The mission of the developmental disabilitie's Council is to advocate for the right's of people With developmental disabilitie's to be assisted in The fullest development of their mental,physical And spiritual potentials, and the right to Community living in the least restrictive Enviroment. if you have any consorn's

Look for the weak A.G. to be appointed to the U.S. Supreme Court when Ruth bows out this year...October Surprise? One of them.

As some of us always said, it’s not over till its over, the fight is still on, the hopes are still high. My message to people like Santos is, you miserable low life morons, has to wait a little longer for your victory dance. If the Supreme Court takes the case, you may even have to wait longer or you may never taste it. You only want to get the satisfaction of TOLD YOU SO. I pray to God for the well-being and long life for this Great Hospital and wish a public humiliation for its enemies, like Santos and other haters. Abdullah

But there will be a victory dance. And your side will have wasted millions of dollars that could have been used to care for the poor. Live with that.

SLH cares and has been caring for the uninsured poor. You are misinformed. You don't know what you are talking about .Visit the Emergency room from
5 PM . To see is to believe. Sutter ,a not for profit makes 800 million and you sympathize with
them like Tony Santos ??? You do not have a heart. You think like a criminal .And Tony Santos already got paid . He said it , he will be a witness for Sutter . What kind of an ex mayor is this man ??
Unbelievable !!! Money is evil !!!!

You are welcome to put your money in the poor box at your church to get rid of the evil. I am talking about the millions the ETHD has wasted on a friviolious lawsuit -- money that could have been given to SLH and clinics to care for the poor.

Wake up SLH has been subsidized by Eden and sutter to care for their ER patients. Not the ETHD.

Is this your solution for the poor people? I’m not shocked. Sutter health is making more money each year regardless of their cry of losing money in SLH. Their CEO, CFOs and other executives made more money in 2011 than previous years. Pat Fry’s salary almost doubled from 2009 to 2011 and so from the others. SLH losing money not for the reasons presented by Sutter Health, it is losing money by design. ETHD has to invest in fighting to save the hospital so it can continue to provide health care for the poor. I cannot change your mind because for you end justifies the mean. Losing money is more important to you than losing life, because it’s not yours. You may have money and a good insurance today, but tomorrow you may not have it. Remember that. Abdullah

It's about the ETHD's wasteful lawsuit. Yeah they all make lots of money at sutter. But the HD wasted way more on a lawsuit they can't win. That's shameful.

papa john is full of .... fact is, if hospital is turned over to county CNA will be gone and SEIU will be the organization on behalf of employees, so if you are with CNA, you do have to be concerned and don't give me BS about cassidy; he still owes me and city an apology for lying about budget. joyce has taken him on but she is alone. and ETHD better win for if it doesn't, it will be bankrupt. and i still say the district cannot merge with st rose as "title us clouded." district may not own hospital; sutter may be owner. Arbitrrator stated sutte owns facility based on 2007 MOU. TS

Seiu was asked by many employees, if they would like to try and unionize SLH, their response was that they had no interest in SLH because it's closing. I'm an SEIU employee at another medical center and I wouldn't trust them if I were you but that's just based on my personal experience. Don't cry when they leave you to dry

it's always been about the unions not healthcare. Seiu and CNa placed carole rogers at the ETHD then she was their mouthpiece.

She used ETHD cash to fight sutter and she should be arrested for that.

Anonymous 10:27 , that is the most stupid comment
I've read . Anonymous LOL

all of you should read my letter to the supremes. i don't have legal standing, but felt compelled to include my thoughts on the situation. folks, could have had a settlement in 2009 which would have included an ER with urgent care. rejected by three members of the board. craig cannizo, counsel for the district was on verge of issusing a " term sheet" on possible resolution of the issues-all he got was to be fired. he went on to win a big case on prescription drugs. the suit has cost the district over $3 million-folks that is our money. and note one thing further, if supremes rules in favor of the district, the whole thing returns to trial in superior court alameda county, then what? only 10% chance high court will sustain the district, but u never know. tony santos

Tony Santos , just stop making comments . There is nothing you can do right now . As an ex mayor you are now powerless. We will cross the brigde when we get there . San Leandro residents does not need an "urgent care ER" We need an ER that could save lives and that is what the District is fighting for. Move out of San Leandro , we don't need you.

Yea we do need Tony here. We need diverse opinions on SLH. Otherwise, we get the same BS talking points from you all.

ER, saftely net, my job, our community. It's all crap and you all know it.

Hey Tony hows life now that your sorry behind is no longer the mayor of the city you turned your miserable ass on, you are one of the sorriest losers I have ever seen and these idiots that seem to go along with you dont seem to know what the heck they are talking about, sounds like these are some of your ignorant supporters again another bunch of losers, you never were much but now you are even lower than before, dont forget Tony I grew up in San Leandro, and I remember all of the businesses that we once had until fat ignorant mayors like yourself have driven them all out, and now you want to drive out another one, every day now when I drive to work I see more places that are now closed and think wow Tony was sure some kind of mayor, you could go on TV on the Closer, and to all of you Tony believers, look around your neighborhood and see how it has changed and how many of your neighbors lost their jobs thanks to mr santos ( note no capitals ) and here he goes again now he wants to punish the people of San Leandro for putting him on the unemployment roles. So you Big Loser, take your ill informed group and just leave this town before the Tar and Feathers arrive. Yours Truly John Kalafatich ( PAPA JOHN )

Tony Santos who does not have a Medical background
will go to an Urgent care ER when his chest starts
bothering him or when his eyes starts seeing things
he has not seen before , ghost ???
Anonymous LOL

Papa John I hope you don't have children. There is something wrong with you. You are scary and off.

Hey march 2 5:11 pm commenter, whatever, at least I have the guts to put my name down, and not speak like you do, and not put a name to back it up, could it be that you dont know who your father is so you cant put a name down yeah that must be it you have no idea who your father is, and for whats wrong with me is I happen to care about people and what happens to them when some no name people just want to see their demise, so when you can put a name behind your words, stay under your rock. John Kalafatich ( PAPA JOHN )

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