Persistance and Tenacity, requires a new chapter, a new beginning....
Showing posts with label department of justice. Show all posts
Showing posts with label department of justice. Show all posts

Tuesday, January 3, 2012

what a strange trip it's been...and still is!

Some things are ridiculous...

Since the 2006/2007 KVHD elder abuse case flopped on it's face last year we now get to see such players as Pam Ott gassing up her diesel truck at Costco. Perhaps on her way to work. Where does one who is charged with eight counts of criminal elder abuse happen to be employed?

The California Department of Justice initially overlooked Ott as a defendant in their case in 2009. The DOJ hauled in three other defendants in February of that year, but Ott get caught at the helm of a sinking ship at Sierra Kings District Hospital in Reedley.

As I've stated repeatedly, Ott as CEO, left Sierra Kings at the edge of bankruptcy, and others allege she took money from that hospital's General Obligation Bond money along with employee pensions! That's big time crime from a small town criminal. I would have hoped the Fresno DA would have been more open to getting a case together. Ott slipped out of that noose too!

More tales of the bizarre that the three elder abuse defendants, a doctor, a nurse, and a CEO, all seem to have been able to gain employment back into the business they failed: healthcare.

Others who were scapegoats or simply run under the KVHD bus, have not fared as well as their former employers.

What we have here is a case of reverse justice. It's simple that the bad guys won the first rounds. We waged a righteous war (or I did), and somehow this ended up on it's head.

I've never seen so many cowards in my life!

The people who would not speak out or come forward, the one's hiding in the shadows preying on the tiny healthcare district, caused the problems getting true justice. I won't say their names, maybe just their credentials, CEO, CFO, CCO, CNO, board member, DA, Governor, Assemblywoman, Senator, etc...

Instead of helping the people effected such as the family of the people chemically restrained, these same cowards ignored these people. I took on the role to help families heal their pain. I made sure they were heard by someone, their pain understood and action taken.

Whatever the state and the attorneys who will profit from this fiasco think of their case it's not as real or thorough as what I put together. However, they do not want my case, they want their own cases. I'm afraid that's the lesson here, they have the cases they want to have. They will begin the spin! It's no longer about truth or justice.

So, what does an elder abused charged CEO do in her off time? Murder isn't murder anymore, we are half way to ending the lives of our family who can no longer fend for themselves. It's a true scenario to put these people "to sleep" "out of their misery." KVHD accomplished this task. And with the help of the CEO, who maybe working at a healthcare district or hospital near you!

Saturday, May 22, 2010

"Are they still going to go after the rest of them" one resident asked me....


I am beginning to see that the Kern River Valley is starting to wake up from the somnambulism it seemed to be experiencing in regard to the Kern Valley Healthcare District and its den of iniquities.
Yawn, stretch.
I was asked about the investigation as we have three defendants charged with elder abuse, the newest being the former CEO/Administrator, Pamela Ott, scheduled for court November third and fourth.
Told this inquiring mind that it is my understanding that the investigation is still on-going, which could mean anything really. It could mean that the Department of Justice is sitting back hoping for the fish to jump out of the water right onto their line.
Or it could mean that they are still snooping around, having long hours of round table discussion about how the government could bring justice to the people harmed by the Kern Valley Healthcare District. (Yeah right)
But I was encouraged that the community is seeing what it has needed to see, and is getting true information, rather than two years of the media "dark ages" we have experienced here.
Cronyism
I wanted to clarify something for someone in the media (mediaocrity) who received a blog post of mine in an email from a community member who thought they were helping. This person, trying to leave a news tip, then received a hostile response which was forwarded to me.
"If you are one of Laura Hart's cronies please cease and desist or may need to consult my lawyer"
Anyway, to clarify cronyism to this person it's very simple and basic. It's what we saw at the Kern Valley Healthcare District. Favoritism without regard to qualifications or even ethics or potential damage from this type of practice.
The hospital was and is still plagued by this disease. Thus in the long run it created a highly dangerous situation.
MY ER REPORT
As usual I like to give my personal reports of the hospital, as due to my health, I tend to be there not only with a camera and tape recorder, but more often than I would like, as a patient.
Went to the ER the other day to have somebody see what the could do with my funny looking face, err, actually they couldn't do anything with that, but did try to help me with a few other problems.
While I'm there, my ears perk, and I try to take in all the information I can get from my eavesdropping practice as well as observation.
First things first, what the hell is going on with the staffing? Excuse my language.
Again, I heard the frustration of those who were trying to staff the skilled nursing facility, and there wasn't much of a crew in the ER either.
One very busy nurse seemed to be doing everything. She was multi tasking like nobody I have ever seen. I was amazed she could even remember all the requests from us chirping birds, perched on all the branches.
Impressive was the fact that she could talk to me, the complainer, and actually answer my questions, while moving across the room, with handfuls of medications for the others.
But again I ask, how can you run a hospital short staffed and still maintain safety, service, and quality? I guess I can answer that: you can't.
It's noticeably the individuals who pull through, like the multi purpose RN. These are some amazing people who do the job of several people, while still, personally trying to make it right even though they don't have the help they need.
Thank you to all those who have dedicated themselves to caring for patients even without the back up you need.
I apologize to those who work so hard at the hospital to maintain personal standards of care, while fighting the inability of the system to maintain itself, and having to watch while big dollars fly out the door, misspent, misdirected, and unmonitored.
But we will get a handle on this soon. I don't want to see anymore quality nurses and staff walking away because of stress and because they don't want to work for a hospital which they clearly see "short changing" the community.
And it still remains to be seen
What will investigators from the state be doing as myself and others still have much evidence to share? I'll let you know.

Sunday, November 1, 2009

Thelma and Louise: Kern Valley Healthcare District elder abuse case next week!

In the annual Medicare/Medicaide nursing center survey of February of 2006, the former CEO, Pamela Ott, had tags on the report which indicated she needed to be in possession of a Nursing Home Administrator's license.


Though the license is relatively easy to get, there is a state program which puts on a test, the administrator passes, and you've got yourself a license.

Oh, but with this license comes responsibility. It means that if anything happens in the nursing center, that person with the NHA license is automatically the responsible party.

Ott never tried to get the license even though she says in her correspondence shown below (click on paperwork to read):
"I do have many years of experience as an administrator of a distinct part long term care facility as a division of healthcare district healthcare systems," she claimed in the letter to CMS.




But the conclusion to the letter states that the Chief nursing officer, Sharon Brucker, has all the responsibility for the skilled nursing center.

Brucker over the course of 2006, gave all the nursing center reports to the board, but by the end of the year, in December, Brucker gave her resignation as CNO.

It's an interesting resignation, (It's on the blog in it's entirety) as Brucker goes about telling us how bad the financial problems were in the past with the hospital.

But she turns about and talks about how Ott and CFO, Chet Beedle, are the bringers of change.

"Pam and Chet are a very good, strong administrative team (Team? This statement indicates they all knew about the problems) Kern Valley Healthcare District is very fortunate to have these individuals in their roles. So, many positive things have happened. We have equipment to care for our patients, (state of the art), we have services that are financially solvent (which one's are they, sharon?), that staff has consistently had two salary increases a year (which staff, the one's on salary only?), the staff has a funded retirement plan and we have supplies to take care of our patients (Oh, do you? Why don't you talk to Cardinal and a few others)."

(There were no changes which occurred under Ott's leadership which corresponds with Brucker's claims. Yes, there was a lot of talk, a planning meeting, money spent, but nothing changed for the better...)

Brucker didn't stop there she attacked former board member, Bob Knight, continuing the urban legend. Saying he crossed the line.

Ott and Brucker sure crossed a line, as they both were involved in keeping the truth of the SNF problems out of the watchful eyes of certain board members. As well as a recorded meeting between myself, Brucker, Ott, Chet Beedle and Michelle Rosado, which lead to private personnel information being shown to a reporter. That information is also on the blog.

Brucker's report was just another example of defamation and propoganda.

Ott announced Brucker's resignation as if she were leaving the hospital. She said she would miss her. (what narrowly miss her walking down the hallways? Things were getting weird at the time, as employees were scared and leaving, and the board was setting up it's bulwark to deal with the situation)

In the letter to CMS, Ott tells the government oversight of the SNF, that she is not in charge, but the CNO is:

"It is a fact that I do not have an administration license and the Director of Nursing (chief nursing officer) does have responsibility for both the acute care and long term care units."

So, who was responsible? And who tried to wriggle out of responsibility? Thelma and Louise or AKA Pam Ott and Sharon Brucker. Brucker stepped down and Ott took off as soon as the notice of closure of the nursing home was printed in the Bakersfield Californian.

This is their paperwork. Department of Justice, I'm sure you've seen this document, but you understand that DHS was already down their throats in 2006.

They were using physical restraints in a manner not in accordance with state and federal laws. Patients were losing weight. There was some issues about the drugs the residents were receiving too.

But in August 2006, Ott and Brucker, welcomed the new Director of Nursing, Gwen Hughes, who is also charged with elder abuse and assault and will be in court next week. The two administrators told us that she was the expert in geriatrics and will be making changes.

Those changes were the type of drugs they used. But again it was not the drugs as they are used regularly: it was the lack of staff to keep an eye on the people who were on these psychotropics.

But the nurses were busy trying to keep the nursing center afloat. As the year 2006 moved along, so did the problems.

Nurses tried to bring the issues to the administrator, Ott, CNO, Sharon Brucker, and the board of director's themselves.

The board ignored the problems, calling the employees "disgruntled."

Except two board members who tried to get word out to the state agencies, but were blocked by the three "killer B's" Brad, Barbara, and BJ.

Will the DOJ take this into consideration?

I hope you will Donny, Steve and Jerry. You have an opportunity to save a small rurual hospital: what are you going to do? I'll be there in court and I'll be able to see what the attorney general has in store for us.

He could leave us hanging, with some of the former staff and administrators who continue to degrade the hospital.

Or, a miracle could occur, and the DOJ will do its job and help out a "small" rural community. We need your help Jerry, Steve and Donny.

You've got two more to get in court: give it a try, please.

Friday, October 30, 2009

Book em' Danno! Or Donno, or I mean, sorry, Donny, Jerry and Steve, our guardians of some California justice

Why not these two?

Now we know if we caught Pam Ott, former CEO of the Kern Valley Healthcare District, charged with eight counts of elder abuse by the state of California, smoking some marijuana, she would be in jail, on "bail" in a jumpsuit, being cursed by board member, and media non-personality, Bob Jamison.

But, because it was a matter of governance, or lack thereof, we seem to have forgiven those who allowed a situation to occur in a hospital and nursing center which may have lead to the demise of residents who knew nothing of the politics which played a role in their care.

I was looking through the California Penal code, for the fun of it, a week or so ago as there are so many laws on the books which could be applied in our case here at KVHD. I sit here this fine Friday afternoon, late for appointments, wondering why there are not at least two more defendants for next week.

We know that there are documents that pertain to the responsibilities of those in charge of the nursing center or any nursing home. The administrator, the leader, is the top dog, according to the district policy and the laws of the state of California.

That should not be questioned.

But our administrator also had a second in command, who knew very well, what was going on. Ott even pointed that finger early in 2006, when Department of Health Services or "Public Health" (thank you, I'm scared already) questioned Ott's credentials.

As has been pointed out on this blog, which has reached an unmanagable 200 posts, (wow, let's celebrate! It took 200 blogs to explain this situation, but only one jury can send the message home) that Ott had help in the cover up.

Let's see the CNO of the time, she definitely knew; the CFO, Chet Beedle, who recently made fools of the board and current administration with his pharmacy analysis, was cutting out more jobs than the mortgage industry, which made for big gaping holes in the staffing, he knew.

And board members, Bob Jamison, Brad Armstrong, and Barbara Casas were either covering for the "leadership lite" administrative nightmare, or they were duped like most of us.

Either way, it's still malfeasance. They should have looked at the records, stopped the cover up, but they, instead, helped Miss Ott out of the "country" off to her new position at Sierra Kings District Hospital which has now met with trials and tribulations under her leadership. They are bankrupting their hospital. (we're just killing our business little by little here at the hands of a CFO, but, let's keep him, pay him, and allow him to continue down this path of fiduciary suicide)

But the CFO, was right in the middle of all of this, taking out personal personnel information to try and keep the employees in their places.

(Yes, we're going to have another holocaust blog for Monday. The first one didn't work out as I was straight out of surgery trying to write it, but now, I'm ready. Are you ready for Mien KVHD?)

How is it that other employees were fired for lesser issues, but, again, the administration gets a break?

Now, the former CNO, who currently works in quality control and the cardiac arrest her departments which were created out of scratch, those medicines off the charts, needs to be addressed in a courtroom.

Thelma and Louise of the SNF, Ott and Sharon Brucker, read reports to the board throughout 2006, with such concern as, "whoops" our patients lost 25 pounds, yes, we need to start weighing them. But only when we can find a way to bring them out without restraints.

Brucker the former CNO, was seen in court last month though, in the audience unfortunately, as Ott took a few minutes to show up and plead not guilty at all, what are you talking about, to the elder abuse charges.

Ott didn't have to post bail, it was all quite streamlined for her, so I asked the Department of Justice, (several times in fact) why she was treated with this "fast track" method of justice.

I have not received a suitable answer or actually any answer. It's not a rhetorical or hysterical question, Scott Gerber, bad boy of PR: I was serious: why would you treat her that way after the evidence shows she had no regard for anyone else, employees, residents of the SNF, or the law itself?

Come on DOJ, serve the "loco" motion

As I said, there are so many laws on the books which could easily be used in this case to make sure, double check, that we got all the people out of there who need to be made an example of for the rest.

Would it be crazy to press these charges? I don't think so. I'm quite certain that even though the DOJ's investigation was late, like me, and the evidence was shredded, and the tapes were lost, (though there were some other tapes made by Ott, which I'm wondering if they have been turned over to the DOJ) there is still evidence.

Maybe you can't get them all on elder abuse charges, but there are other lesser charges, easier to prove that would at least get them out of the hospital so they can't do any more damage. And maybe then, we can heal this place.

But we need felonies as the hospital does not rehire those with felonies on their record.

And you need to take the board members too. Do not let them think they can do this without some sort of slap on the wrist or fanny or something. They knew what was going on: Bob, Brad and Barbara, "the killer B's."

However, politics played a big role in all of this, but the unfortunate element was the residents: they didn't get a vote, on measure M, their staffing, or the drugs a certain nursing director decided to use.

They didn't have a choice, but we do

The residents of the Kern Valley Healthcare District skilled nursing facility didn't know the staffing was cut because there was a need to save money. They didn't know that when they rang their call lights, busy nurses were doing all they could just to keep up with the heavy load dumped on them in 2006 KVHD budget.

The residents also didn't know why the people they had come to love and care about, the nurse's aides, who were pushed beyond the call of duty, were helpless to stop the people at the top. The aides were threatened with licenses and forced to work overtime, and more overtime, sick or well, they had to come in or the nursing center would close.

The residents also did not know why the board of directors so coyly turned away from the employees who tried to blow the damn whistle, but only air and fear came out.

They didn't deserve the disrespect nor did they have any idea what was really going on around them which would lead to such a disaster.

And the families of the residents, how do they feel?

We are now on a new course at the skilled nursing facility, one with more compassion, "more staff", customer service, renewed research into better systems, and a new CCO, Cynthia Burciaga, who is monitoring the situation.

Our new CEO, Tim McGlew, has added a new element as he had the insurance liability carrier, Betagroup, do a risk assessment of the nursing center.

Though we are paying attention now, there was a serious problem for the families who feared for their loved ones in the SNF.

From all the information I have heard and seen, the families had to fight to get information and paperwork. (Yes, the paperwork was delayed, how convenient)

But along with that, they were treated as if they were simple "complainers" in some cases, by the CEO, Ott and even mentioned was CFO, Chet Beedle, whom I accused of this behavior at a recent meeting.

How could the families even watch the video of Bob Jamison calling the tragedy at KVHD, Pam Ott's resignation? I'm sure they felt great that Jamison followed it up by allowing Ott a full hour of radio time to propagate her agenda.

(See posts: Here's your witness Jerry Brown and "Hey Tokyo Rose, where's your Kimono?)

But now we, and I mean the government, the lawyers, the families of victims, the staff, the staff who were fired, the whistleblowers, have to come together and get the truth out there for those who want it, and more so, those who need it to move on from this mess.

"Ladies and Gentlemen of the Jury, the State of California has sufficient evidence to prove that Pam Ott, the spy, the media attack, the buffer, the number's guy, were part of a cover up of crimes against the residents of the hospital, but not only that, crimes against a community.

Again, we thank you for coming to be our jurors, and we know you will see through the facade, the collusion, to bring the leaders, the corporate administrators and elected board members, to justice for their roles in harming the public and obstructing the investigation.

We know you will be fair and impartial as you hear all the testimony of witnesses and victims of a case which lead to abusing elderly patients for the sake of saving money, (to pay Cal Mtg. I would say that, but they won't), and by the leaders who tried to cover their tracks and scapegoat the little guys. It could have been you, Jane or John juror, you could have been threatened with your job or fired, by an entrenched system of bullying and scapegoating."

That's how I would open my case...You have all that you need to convince a jury full of average folks who probably would not take kindly to hearing about high level, heavily reimbursed, bosses at a public healthcare district who allowed and even prolonged potential elder abuse.

I don't see any problems getting that message across to a jury. Feel free to utilize my little blog here and I've got many other bits of evidence around here at home too. Let's do lunch, then do KVHD...

(I'm trying very hard not to blow a fuse with the uploading problems with the video for Youtube. After three hours on Verizon's DSL, or supposed high speed internet, I managed to load one video last night. It's Chet Beedle though, and you should watch. I don't know what the problem is, maybe I'm competing with Jerry Brown throwing up all his gubernatorial campaign videos on Youtube...I dont' know. I'm still trying though. Aren't I?)

Sunday, September 6, 2009

BREAKING NEWS: KVHD former CEO, PAM OTT, INDICTED

Sources say Pam Ott will be in court this week to face charges in the elder abuse cases involving her time as administrator/CEO of the Kern Valley Healthcare District.


After months of waiting to see if the California Department of Justice, Attorney General, Edmund G. Brown Jr., agents from Medical Fraud and elder abuse, could bring truth to the case against the district, it looks like a new defendant, former KVHD CEO,Pam Ott, will most likely be facing a judge this week.

Although Ott is one of many responsible for the chaos and system breakdown which took place at the KVHD nursing center, and one of several administrators who fled the scene as civil lawsuits, threats of closure and exposure, were looming in 2007.
But Ott was the leadership, and it was the leadership who tried to escape responsibility for their actions blaming it on others, covering tracks and creating scapegoats.


More than two years after, Kern Valley Healthcare District, CEO, Pamela Ott, resigned during the crisis in the skilled nursing facility, sources say that Ott will be in Kern County Superior court on Tuesday, Sept. 8, to face her indictment and responsibilities for her part of what happened at KVHD in 2006/2007.




With an on-going state investigation netting enough evidence to bring Ott back to Kern county where she originally fled from as the KVHD nursing center was on the verge of closing because of poor practices, possibly lack of knowledge, but certainly lack of oversight by the hospital's administrative team.


The original three indictments, from Feb. of this year, but regarding the time period of Aug. 1, 2006 to Jan. 25, 2007, of Dr. Hoshang Pormir, Gwen Hughes, Director of Nursing and Debbi Hayes, Pharmacist did not fit the evidence of those closest to the situation.
The administration led by Ott, ignored or punished negative information from the employees, the press and residents of the Skilled Nursing Facility as investigators from the state's Medical fraud and Elder abuse Bureau of the Department of Justice set upon the hospital.

Recently, things began to change in regard to the investigation, and on August 14, the state put another charge onto the pharmacist, for conspiracy, injurious to the public. Hayes, plead out on the count, receiving a one year suspended jail sentence, and three years probation along with community service.
The Pharmacists role in the upcoming court hearings is still speculation, but she may end up as a witness in the case. Nothing solid on that yet.
Though the Department of Justice is quiet as to its intentions, waiting until late Friday, as the Kern County Superior Court website showed a "new" item on its calendar for Sept. 8, when Dr. Pormir and Gwen Hughes have scheduled pre-prelim hearings, there was a third item: Motion to amend complaint.
Calls and emails came in asking me about this, and finally, with some certainty, we have learned that Pam Ott has been indicted. At this time we don't have the exact charges, but will get those to you after the holiday.
We will be in court on Tuesday, Sept.8, and we will have our cameras.

As to others who still linger at the hospital, there is no word, if there any other indictments coming up. We will be watching closely.
But I would say to the state, and its investigators, that Ott has been gone for two years, yet the problems remained. The nursing facility was reputed to be short staffed again, and high priced contracts, costing the hospital almost three million dollars, did not solve the problems.
Chief Financial Officer, Chet Beedle, has repeated many times since 2007, that the hospital has never been short staffed. Though he recently admitted to the fact that LVN's and RN's were supposedly doing the work of nurse's aides, who spend most of their working hours in direct contact with the residents, and some strongly disagreed with Mr. Beedle's observations.






In 2006, Ott, Beedle and Bob Jamison, indeed lead this community on a wild goose chase for a general obligation bond that would have not sufficed, and architectural plans that were not workable, and finally, watched the staff shrink in the nursing facility, care for residents compromised, then directed a stranger, a new director of nursing to order whatever pharmaceuticals she wanted, as Gwen Hughes was supposed to have years of experience regarding chemical restraints.


Documents from the hospital showed that Ott signed off on the skilled nursing facility annual surveys, yet, the state allowed her to get away with some serious stretching of the truth about the actual problems.

Including short staffing. Click on document to read.

Employees claimed to be harassed and frightened, and most certainly overworked, dominated by an administration which stuck together refusing information about what was truly going on at the district.
And board members who hired Ott, with credentials from a diploma mill, appear to have allowed her to run roughshod over the district, employees, residents, patients, and even doctors.
The day after Ott stepped down, board member, Brad Armstrong, allegedly went into Ott's office, closed the door behind them, as human resources manager at the time, Michelle Rosado, fired several employees who were obviously thought to be a threat.
On that same day, Heidi Sage, Administrative Assistant, who worked in the CEO's office, was not at work while the terminations were taking place. Sage's mother, Tish Orr, who is a witness in the indictments, and someone I interviewed, went out on stress leave, because of the lack of help with the situation in the nursing center.
Armstrong has never answered to any questions regarding his role in the skilled nursing facility systems which failed. Or the short staffing where only the employees would say that they were not adequately staffed, and therefore care was compromised, but not the former chairman, Armstrong.


The twenty year board member (and that's what term limits are about folks, do you want 20 years of the same mistakes and attitude, or just 8?)



Armstrong, had an opportunity in 10/2006 to listen to the employees and order an investigation. But the chairman treated it like a mutiny, chastising the employees for not going up chain of command. Though the employees said they had already been to the CNO, Sharon Brucker, and Pam Ott, with Armstrong and the board, the open door policy slammed on their fingers.


This man, Bob Jamison, board member and local radio star, used blogs and his radio show to attack those who would believe that there were serious problems at the hospital.
He allowed, the now indicted, CEO, Pam Ott, to come for an hour on his talk show to give her side of the story. (See "Here's your witness Jerry Brown: Ott on QAB)
I asked Mr. Jamison at the last board meeting this month if Ott was indicted if he would take her back to the radio station and defend her.
His answer was just to stare at me.
My hope is that we clean out all the dirt, and that the people I have mentioned throughout this blog be put under oath and then tell their stories under the penalty of perjury.
This hospital needs to heal, Ott's indictment is a good start. But there are others who need to face their participation in the situation. Hopefully, in court, but if not, then there must be other ways to deal with them.
More info and pics to come...Will keep you updated.

Monday, August 17, 2009

UPDATE: Kern County Superior confirms information/pre-preliminary hearings

I spoke with the criminal division at the Kern County Superior court and verified that our initial interpretation and reports were correct as stated on the county's website.
Pharmacist, Debbi Hayes, has plead to one count of conspiracy (penal code 182 A 5) and the other ten charges regarding elder abuse were dismissed.
Though she was sentenced to one year, the sentence is suspended, but she will have three years probation.

Likely, and only supposition here, she will end up being a witness for the prosecution/state in the other criminal cases.

But with the investigation reopened in the case of the leadership, which included, former Kern Valley Healthcare District, CEO, Pam Ott, we may likely see other indictments in this case.

I want to tell the families of the residents from the skilled nursing facility that we have fought for almost 3 years now to get the truth out and bring justice.

We are teetering on the brink of truth as of today. We are looking at potential justice as of today. Something we all could not see through the smokescreen set up by leftover members of the board of administrators whom I have spoke about repeatedly on this blog.

I also want to tell the employees who were fired, defamed, blamed, that you have your chance to tell the story, so please do it.

Currently, the word is that there is a motion for an extension on the pre-pre, and preliminary hearings that were to take place tomorrow and Wednesday, Aug. 18/19.

The extension, of course, has to be approved tomorrow, but as of right now, there is an assumption that the dates will be changed.

In the meantime, we are waiting for word on any other indictments likely to come through.

I will update the blog regularly as information comes in.

Though I may be in Bakersfield at the court tomorrow, I will make sure that the news comes fast, so watch the blog.

(Now, I have to change out of my pajamas and leave the house to cover the story? Get me my stick and sunglasses, and of course a ride, and here we go looking for justice.)

Thursday, August 13, 2009

The Department of Justice interviews former KVHD CEO, Pam Ott

Former Kern Valley Healthcare District, CEO, Pam Ott, pictured here, in Oct. 2006.





Ott now under investigation by the Department of Justice for her role in the skilled nursing facility scandal which has lead to three indictments.

In 2007, after Ott stepped down as CEO and SNF administrator, she was interviewed by the investigators from the DOJ.

Below is the document, and you can click on it to read it.

Let's go through this report together and see what we come up with. I will add information about the report as we go along.

May 27, 2008 (is that the correct date, DOJ? It took a year to even interview her?)
First line, take note of the fact that she is described as the CEO and administrator.
In fact she signed most of the annual Center for Medicaid Services survey reports, and would have overall responsibility for the operations of the nursing center.
The law requires administrators to be responsible for the overall reporting for nursing centers.

What else do we have here. "Ott stated that the nurses came to her to voice their concerns with Hughes being rude and cruel to the staff, but was never made aware of the psychotropic medications being used or Hughes threatening staff for refusal to administer these medications." (Oh, yes she was made aware of the medications along with others too)

Oh, I beg to differ. But in fact, Ott brushed off many complaints from staff long before January 2007. But again she was busy selling a general obligation bond to the community, and the problems with the nursing center were set aside. Nurses came in Oct. 2006 to speak to her and the KVHD board about short staffing and as you see in the Urban Legend post, she called them a "pack of wolves." (next post, documents Pam Ott and others may want to forget)

The issue in this interview is skilled nursing facility resident, Louise Zimmerman, who, from what I understand died a few months ago. Zimmerman, was alleged to have been given a "forceful" injection of Risperdol, and antipsychotic drug, without the resident's consent.

It goes on to say that Ott conducted an internal investigation (Just like the fox investigated the henhouse) and found that Zimmerman had been "biting, kicking, and hitting others..."

Louise Zimmerman stayed in her room, she wouldn't come out to eat, and she would only eat if a nurse's aide came to her room and sat with her encouraging her to eat. That care requires that staff have time to feed her. And without enough staff, this may have been more of an issue than Risperdal when it came to her health and well being.

Zimmerman had also left her call light on all the time, demanding nurses come into her room.

Though she recieved a lot of pictures and letters from friends, she had no visitors to speak of, except for someone from social services. She made a lot of complaints to the state, being unhappy with her situation.

But my information on the resident shows she had minor violence issues, such as hitting a nurse, or throwing her food trays. Nothing I found reports that she was biting or kicking. However, that's what Ott's internal investigation found.

The last line in the report, seems like a Freudian slip to me. Sometimes we can't help it when our conscience speaks truth without us knowing it.

Regarding the injection of Risperdal, Ott stated she considered the incident, "elder abuse at the highest level."
Oh, yes, there's the truth. And who was at the highest level? The CEO/administrator, Pam Ott.


Ott interview with state investigators.


It includes Ott's own investigation, of what, herself. No, it was now time to scapegoat others.

Gwen Hughes, arrived in Aug. 2006, the new Director of Nursing in the skilled nursing facility.

We were told Hughes had more than 30 years experience in geriatrics, though the indictments say her experience was with psychiatric issues.

Tuesday, August 11, 2009

From "Best Country" news clarification to the Ott connection...Will there be true Justice?

Well, it looks like "smooth news" Scott Costa, put up a story today on the KCNQ "Best Country" radio website which needs some elaborating and correcting. It looks like it was changed earlier in the day though.
(Considering, Bob Jamison, is both country and KVHD, he may have been able to help with the article, not the spelling of course.)

It's been a weird day today, as the first thing I heard upon waking was about this article on the QAB "Best Country" website, and I believe it went into broadcast as well.

The gist of the article is the upcoming dates of the defendants in the "Kern Valley Healthcare District" elder abuse scandal. I will continue to call it the KVHD scandal, as not one or two or even three were responsible for things that are alleged to have happened in the skilled nursing facility: there was a chain of command.

I've been watching the Kern County Superior Court site, getting ready to bring cameras to the preliminary hearings and suddenly, a week before the hearings, next week Aug. 18/19, an extra charge was brought against defendant, Pharmacist, Debbi Hayes.

It wasn't on the county website last week, and nobody seemed to know about it, or have any particulars. However, Costa or someone at the QAB, caught it, but didn't bother making a call to clarify the information. According to the press office with the department of justice, this is not the correct language for the charge as stated in the article.

QAB news article:

Former Hospital Employees Due In Court Aug. 18th
The two employees and the one former employee of the Kern Valley Hospital that were arrested in February are scheduled to be in court in Bakersfield next Tuesday at 9AM for a Pre-Preliminary Hearing and then will be back in court the following day, August 19th, at 8:30AM for a Preliminary hearing. Gwen Hughes, the former Director of Nursing, is charged with 8 felony counts of causing harm or death to an elder or dependent adult and 2 counts of assault with a deadly weapon other than a firearm or bodily injury by force. Dr. Hoshang Pormir, a former staff physician at the hospital, is charged with 8 felony counts of causing harm or death to an elder or dependent adult and Debbi Hayes, a former pharmacist, is charged with 8 felony counts of causing harm or death to an elder or dependent adult, 2 counts of assault with a deadly weapon other than a firearm or bodily injury by force and 1 count of conspiracy to obstruct justice.

According to the Department of Justice press office, the charge is actually conspiracy to commit any act injurious to the public health, 182 (A) (5). Chapter 8, California Penal Code, Conspiracy:

182. (a) If two or more persons conspire: (1) To commit any crime. (2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime. (3) Falsely to move or maintain any suit, action, or proceeding. (4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises. (5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.

But what struck me as odd is the conspiracy part. "If two or more persons conspire" is part (A), but Hayes is only one of three. And the other two defendants at this point do not have this particular charge filed against them. Why Hayes?

So, I asked the DOJ, how could you have only one person charged with a conspiracy? Initially, I was told that I could get no more information on the case except to pick up the paperwork at the Kern County court. Which I hope to have by the end of the week. (Or sooner, maybe someone from QAB could run down and get that for us.)

I then asked her to find out, "generally", not specific to KVHD, but generally do they charge a single individual with this count? It just didn't seem to make sense.

She reluctantly agreed to look into it and call me back.

I called the hospital, the counsel for the hospital board, and they had not heard about this extra charge against Hayes and could not elaborate.

But what happened next is what makes this so interesting. While I was waiting for my call back from the DOJ press office about the conspiracy charge against Hayes, I received a phone call from the DOJ investigative office. (Other people were contacted today by DOJ I have heard)

And the investigator wanted to know what I knew about Pam Ott's role in the skilled nursing disaster as there is an investigation under way. Finally.

So, the story doesn't stop here, with three defendants headed to court next week, a new conspiracy charge, and investigations into Pam Ott, we need to see where this is going. Not to be cynical, but we've called for help here many times, and the government answered with a skewed investigation and other agencies just turned their backs. The community though stunned by huge local headlines, still stays in the background, often stubborn and unwilling to believe and more unwilling to act.

But, folks, the chance for justice may have taken a long time coming, and many people were hurt while it dallied, but it seems, there's a chance, another investigation, another look at the situation. I pray that the DOJ can live up to being called the department of "Justice."

I hope they are willing to follow through past Ott up the chain of command.

Can the DOJ make this right? This is at least the right direction, from the top down, not the other way around.

I'll keep you updated...we have much to discuss.

SORRY, about the board meeting story, there will be no pictures until we can figure out the new software. But I'll get the quotes and article up soon. Then I'll put up pictures. We all know how much I love those pictures.