Deputy Secretary Brad McGrath Gets Paid Travel to Commute to Work Costing Taxpayers $30k+

It has been uncovered by Joey Peters of the Santa Fe Reporter that Deputy Secretary Brad McGrath  of the New Mexico Department of Health has been getting paid to commute to Santa Fe from Roswell.  This really doesn't sound fair since we have employees who travel from Albuquerque to Santa Fe and vice-versa on their own dime.  Since McGrath took the deputy position, he has been paid out $30,000 on top of his $115,000 salary thru March.  Travel expenses include hotel and meals. 

Have a look at the story for yourself.  There are many documents to support the claims.
http://www.sfreporter.com/santafe/article-7431-hidden-fees.html

It may be worth inquiring about how to get the same benefits that McGrath enjoys.  Getting paid per diem for meals, travel and hotel room for when you don't feel like driving back home sounds like a great deal to me.  How about you?

What are your thoughts?

Sequoyah Adolescent Treatment Center Recieves More Press (not the good kind) and Another Whistleblower Suit

Over the weekend, Colleen Heild wrote an article for the Albuquerque Journal about the Sequoyah Adolescent Treatment Center. You can read it here.  It outlined a pair of questionable restraints and the visit by the state of New Mexico Human Services Department's (HSD) Licensing and Certification Authority (LCA) which is a part Children, Youths and Family Division (CYFD) which we highlighted here.

Also mentioned in the aricle, was director Anita Westbrook's temporary reassignment to the facility in Roswell (brace yourself Rehab).

KRQE and other stations also picked up the story

Children treatment center investigated

But I guess all press is good press, right?

 

In a change that has not been officially announced,  Sequoyah will be closing one of the lodges.  Sequoyah has been running with a 10-25% vacancy rate since Dr. Babak Mirin's company Healing Gardens/New Mexico Psychiatric Services was awarded a lucrative contract to take over services at the facility.  Before Dr. Mirin's arrival Sequoyah usually had a waiting list of kids seeking treatment.

Also mentioned in the journal article was the emergence of yet another whistleblower lawsuit and the New Mexico Department of Health.  Amy Chapman filed with the First District Court in Santa Fe.

Here is the complaint:



It appears the state of New Mexico will be paying out another settlement to another whistleblower with a well-substantiated claim.  It would seem to make more sense to do the right thing instead of what is being done now at DOH.

What are your thought?  Please share them below.

CYFD Visits Sequoyah Adolescent Treatment Center Again and Doles Out More Corrective Actions

The New Mexico Children, Youth, and Family Department's Licensing and Certification Authority (LCA) visited Sequoyah Adolescent Treatment Center again last month.  The investigation stemmed from an anonymous complaint of "prolonged utilization of a mechanical restraint."

LCA found the complaint credible and also found a lack of documentation of other restraints performed that same day.  The incident occurred on November 12, 2012.  LCA's findings stated that there was a lack of documentation for justification of restraint done on 11/10/12 and other dates.  Documentation also lacked the amount of time a restraint should be used. LCA also found that one of the restraints exceeded the two hour maximum.

Download the report here.


 In the summary of the report it states:

 "The findings identified in this November 2012 Complaint Investigative Report demonstrated continued non-compliance with findings identified during the August 27-September 5, 2012 Investigation and Annual Survey."

It would seem a director (Anita Westbrook) and medical director (Dr. Babak Mirin) would have addressed these issues so that they no longer continue.  Unless the director and medical director ARE the problem.  Dr. Mirin often boasts to staff that he is the medical director and therefore he is ultimately responsible.  Sounds like he is correct.  Dr. Mirin is responsible for the current deficiencies at Sequoyah.

What are your thoughts?  Please share your thoughts below.

New Mexico Department of Health has a New Cabinet Secretary

Here is the announcement:

State of New Mexico
Office of the Governor
Susana Martinez
Governor

Contact: Enrique Knell
(505) 819-1398
enrique.knell@state.nm.us


For Immediate Release
January 25, 2013

Governor Susana Martinez Names
Retta Ward Secretary of New Mexico Department of Health;
Gino Rinaldi Appointed Secretary of
Aging and Long-Term Services Department

SANTA FE – Governor Susana Martinez announced today that she has nominated Retta Ward to serve as Secretary of the Department of Health and Gino Rinaldi to serve as Secretary of the Aging and Long-Term Services Department.


Ward will take over the top position at the Department of Health after serving as Secretary of the Aging and Long-Term Services Department since February 2011. She was confirmed unanimously for that position by the New Mexico Senate during the 2012 legislative session.


“As Secretary of the Aging and Long-Term Services Department, Retta Ward has shown a passion for public service and an important understanding of our state’s public health needs,” said Governor Martinez. “I have asked her to take on this new role because I am confident that Ms. Ward will excel as a cabinet secretary for one of New Mexico’s largest state agencies. She is up to the challenge of leading the Department of Health and working to ensure the health and well-being of all New Mexicans.”


In addition to her service as Secretary of the Aging and Long-Term Services Department, Ward has worked as an educator and health professional. She previously managed the Arthritis Program for the Arizona Department of Health Services and worked as a health educator for Albuquerque Public Schools. Prior to her position at ALTSD, Ward taught advanced biology courses and worked as a school administrator in Cave Creek, AZ. Ward earned her undergraduate degree in Health Education from the University of New Mexico and a Master of Public Health degree from the University of Arizona.

What are your thoughts?

Another Day, Another Whistleblower Lawsuit for the New Mexico Department of Health, Plus More Press

The Albuquerque Journal ran another front page story involving the Sequoyah Adolescent Treatment Center.  Any press is good press, right?  This one involved a former manager.  Whistleblower lawsuits are plentiful at DOH and appear that they will be costly to the state's taxpayers.   Sadly, all the lawsuits appear to be credible and with merit. Zukowski's case seems to be no exception because her claims have been validated by other agencies including CYFD as we have highlighted here on the website in the past.

Here is the filed complaint:

 

http://www.abqjournal.com/main/2013/01/14/news/suit-faults-psych-services-provider.html

Suit Faults Psych Services Provider

By Colleen Heild / Journal Investigative Reporter on Mon, Jan 14, 2013

On the night of Aug. 20, at the state’s residential treatment center for violent and mentally ill young men, a resident began punching himself forcefully in the face. But, according to a whistle-blower protection lawsuit, the psychiatrist in charge refused to allow staff to intervene.

The incident so troubled staff members at Sequoyah Adolescent Treatment Center, the lawsuit contends they called a supervisor because they “felt negligent by allowing the resident to hurt himself.”

None of the staff was willing to report the incident to the state’s child abuse hotline, according to the lawsuit filed last week by former center manager, Lea Zukowski.

But Zukowski did.

Dr. Babak Mirin of Sequayah Adolescent Treatment Center Gets Some Press

Today the Albuquerque Journal's Colleen Heild had a story published on the front page of the Journal.  Topic?  The infamous Dr. Babak Mirin of New Mexico Psychiatric Services/Healing Gardens/whatever else.  Here on the blog sometimes we are quiet for a reason.  Well, here's another reason:

Here is the link: http://www.abqjournal.com/main/2013/01/13/news/contracts-awarded-despite-inquiry.html

Here is the story.  Please go to the ABQ journal site and check it out.

Contracts Awarded Despite Inquiry

By Colleen Heild / Journal Investigative Reporter on Sun, Jan 13, 2013

First of two parts

A Roswell, N.M.-based psychiatric services firm landed state Department of Health contracts that allow charges of up to $2,000 a day, even though it was under investigation for alleged Medicaid fraud at another state agency.

The contracts between the Department of Health and New Mexico Psychiatric Services signed last summer permit the company to bill up to $623,900 to provide on-call or temporary services to state-run health facilities.

They include the Sequoyah Adolescent Treatment Center in Albuquerque, a 36-bed residential treatment center for violent and mentally ill youth.

At the time the contacts were awarded last year, the company was facing allegations of Medicaid billing fraud at the state Human Services Department. Its payments for services for HSD have been suspended pending the outcome of the inquiry.

A top health department official said in an interview last month that he didn’t know New Mexico Psychiatric Services was under investigation at the time he helped evaluate proposals for the so-called “locum tenens” psychiatric services last April.

But in a follow-up response last week, the agency’s spokesman said others in the agency did know and the inquiry by the state Attorney General’s Office wasn’t a “determinative” factor.

DOH spokesman Kenny C. Vigil told the Journal that the president of New Mexico Psychiatric Services, Dr. Babak Mirin, made a “self disclosure” about the investigation before any contracts were signed last year.
Asked whom Mirin had informed at the DOH and when, Vigil responded: “I don’t have that information.”
The Department of Health and the Human Services Department are separate state agencies, albeit with some overlapping missions involving assistance to New Mexicans.

The Human Services Department, which administers behavioral health services, notified New Mexico Psychiatric Services nearly a year ago of the billing fraud inquiry by the AG’s Medicaid Fraud Control Unit.
Mirin’s attorney, David H. Johnson, told the Journal in an email last week that the company has been cooperating with the AG’s investigation “and is committed to the repayment of any overpayments that it may have received.

“At this point there has only been an allegation of billing fraud,” Johnson’s email stated. “Fraud has not been established.”

The Department of Health selected New Mexico Psychiatric Services, along with six other companies last May, to provide services as needed.

In the rankings, NMPS came out second highest in the cost category, with hourly fees as much as $250 an
hour. It was ranked second lowest in experience by DOH evaluators, but was the only company headquartered in New Mexico and tied with two other firms for first place in availability of staff.
All seven firms that submitted proposals were approved to provide services and each state health department facility got to decide which firm to hire.

But New Mexico Psychiatric Services came away with most of the business, signing contracts to serve inpatients at three state health department facilities: Sequoyah; the New Mexico Rehabilitation Center, which provides inpatient and substance abuse treatment in Roswell; and the state psychiatric hospital, New Mexico Behavioral Health Institute in Las Vegas.

Three other psychiatric services firms received smaller contracts from health department facilities, according to the state Sunshine Portal.

Within weeks of his firm being awarded the contract at Sequoyah last July, Mirin was named interim medical director there after a shake-up in the center’s leadership.

Five of the center’s employees have since either left, been reassigned or been terminated. One 14-year-manager dismissed effective Nov. 7 filed a whistle-blower’s lawsuit against the health department last week.
And the Medicaid fraud inquiry? It continues, according to the AG’s Office.

‘Credible allegation’

Mirin is a graduate of the University of Paris who moved to the United States in 1997 and formed his company in Roswell in 2005.

According to his bid proposal to the health department, New Mexico Psychiatric Services furnishes psychiatrists, psychologists and other staff for the Eastern New Mexico Medical Center in Roswell and the Chaves County Detention Center.

Only the company’s bills involving the Human Services Department appear to be on the AG’s radar.
Last Feb. 20, the Medical Assistance Division of the Human Services Department informed Mirin in a letter that “there is a credible allegation of fraud for which an investigation is pending.”

HSD told Mirin it was suspending Medicaid payments to the company “effective immediately.” Court records show Mirin fought back in state District Court, hiring a lawyer to seek more information about the inquiry and demanding an administrative hearing. The court action also contends HSD is violating the Inspection of Public Records Act.

The HSD provided “the vaguest of explanations regarding the allegations,” according to one motion filed by Mirin’s attorney.

The Human Services Department told Mirin in a letter last March that the agency is barred from disclosing the specific nature of the allegations.

However, the letter states, “The allegation involves activities over the past six years (or less) involving Medicaid services (behavioral health- psychological) and improper practices (billing, coding and record keeping) and the possible use of deception to obtain an unauthorized benefit from the Medical program.”
Mirin disclosed to the health department nearly a year ago that the “potential problem with Medicaid billing” involved one of his physicians, according to Vigil, of the DOH.

Asked who that physician was, Mirin told the Journal through his attorney that he didn’t know.
Even though Medicaid payments were suspended in February, an error on the part of the state allowed New Mexico Psychiatric Services to keep receiving payments up until last fall.

In a Sept. 28, 2012, letter, OptumHealth New Mexico, which processes Medicaid payments for HSD, said its staff had just become aware of the problem. But the letter also told Mirin “you did not call to our attention that you were continuing to receive payments.”

Mirin’s attorney told the Journal last week, “Dr. Mirin was not told by either Optum or HSD to stop taking care of patients or to stop billing for the services of his providers. NMPS billed for the services because it provided the services in accordance with its contract. NMPS believes that it will eventually be paid for the services provided.” He said that, since the suspension Oct. 1, the firm is still providing services to central and southern New Mexico Medicaid recipients even though it is not being paid by OptumHealth.

Vigil said the Department of Health’s request for proposals for psychiatric services didn’t ask bidders whether they were under investigation.

But he added that the contract with New Mexico Psychiatric Services “does have provisions that would allow us to terminate it.”

‘Needle in a haystack’

Troy Jones, the administrator at the New Mexico Behavioral Health Institute, was one of three evaluators who considered the qualifications of the companies vying for the state psychiatric services work, according to state records.

Finding psychiatrists to fill in on an as-needed basis is like looking for a “needle in a haystack,” Jones said in an interview Dec. 14. “There’s such a shortage, not only in New Mexico, but throughout the nation.”
Jones told the Journal he wasn’t aware of the Medicaid fraud investigation involving New Mexico Psychiatric Services at the time the company was being evaluated last spring.

Mirin and his attorney told the Journal the disclosure was made “before the RFP process” to “the administration of DOH.”

Vigil’s email said his agency doesn’t have enough information about the Medicaid fraud inquiry to take action on the New Mexico Psychiatric Services contract.

While HSD officials were consulted about the matter, he said, the Department of Health hasn’t talked with the AG’s Office.

Coming Monday: New Mexico Psychiatric Services’ care of residents at the state’s facility for mentally ill and violent adolescents has come under fire in a former employee’s whistle-blower lawsuit.

— This article appeared on page A1 of the Albuquerque Journal

Any thoughts, comments or ideas?   Share the below.

ABQ Journal Editorial on Medicaid Fraud

This editorial appeared in Sunday's Albuquerque Journal.

Editorial: AG Needs To Wake Up, Bust the Medicaid Fraud

By Albuquerque Journal Editorial Board on Sun, Dec 16, 2012

The office of New Mexico Attorney General Gary King is doing a little better at ferreting out Medicaid fraud — it recovered $3.4 million in fiscal 2011 compared to $2.4 million in fiscal 2010.
But that is still way below average, among the worst in the nation. And with 170,000 New Mexicans poised to join the Medicaid rolls under Obamacare should New Mexico opt in, King needs to get serious about restoring integrity to the system and the bottom line.

And stop giving excuses for why this performance is OK in a state with an estimated $75 million in Medicaid fraud annually.

The national average for Medicaid fraud recovery is $3,700 per $1 million in Medicaid spending; nearly $10 for every $1 spent in fighting fraud. King’s office recovered $988 for every $1 million in

Medicaid spending; $2.74 for every $1 spent in fighting fraud.

When confronted with the disparity, his office provided a letter from the National Association of (state) Medicaid Fraud Control Units to the federal director of Medicaid fraud policy and oversight. Tt says “prosecutorial activity cannot be measured by standardized measurement, review and comparison. Each unit is different and operates differently.”

King is right on one count — his Medicaid Fraud and Elder Abuse Division is very different. According to a Legislative Finance Committee report, it does less with more than those in other states, has a problematic organizational structure, too few special agents, too many open positions, a high rate of outstanding referrals and a backlog of open cases.

King has also said the recovery comparisons don’t take into account his office’s focus on investigating and prosecuting elder abuse, which doesn’t produce a recovery.

But stealing public money intended to pay for seniors’ care — as well as the care of disabled people— is abuse. It’s King’s job to uncover and punish it and protect some of the state’s most vulnerable residents.

And with a potential 170,000 new Medicaid clients in the wings, it’s time for him to start doing that job well.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.


Any Comments?  Share Below. 

Sequoyah: Director Anita Westbrook Sends (Propaganda) Email to Staff After a Surprise Visit

On Wednesday, director Anita Westbrook of the Sequoyah Adolescent Treatment Center, sent out an email to staff that many said sounded eerie.    What was so peculiar was the tone of the email  One staff member called the email, "Pure spin." 

The email sounds like a lot of the other DOH statements in the past.

___________________

___________________

Update

Westbrook, Anita, DOH

To:DSH-SATC

As many of you know, Sequoyah had a one-day Joint Commission survey yesterday. As a part of the survey, the Joint Commission representative reviewed patient care records, policies and procedures, toured the facility, and spoke with staff. We will be receiving a written report in the near future. In the exit interview, the surveyor reported that staff were pleased regarding our changes and that our initiative to reduce seclusion and restraint was working. He indicated that we do have an opportunity to improve our paperwork, which will include recommendations around authentication of telephone orders and restraint documentation. We will start immediately on those opportunities for improvement. Gayle Nash, chief nurse for the department, was present for the survey, and she reported that “it was a good day for Sequoyah.” 

 

On another note, thank you for the excellent attendance at last week’s “All Staff” meeting and to those of you who were present for our “Trauma Informed Care” workgroup that met yesterday. We will be providing periodic specific updates to you about the group’s work efforts, but overall staff reported that we had an excellent first meeting. I’m also very pleased to let you know that Gayle Nash, along with Louie Trujillo, Director of Clinical Performance for the department, will be spending more time at Sequoyah, rounding on all shifts and working with staff on further system changes and improving communication among all staff. I think that both are skilled professionals who will be assets to us in our quality improvement efforts, and I look forward to having them in our facility.


Anita Westbrook, Administrator
Sequoyah Adolescent Treatment Center
505-222-0375 office
505-554-7672 cell
505-222-0301 fax

___________________

What are your thoughts? 

Follow-up Bulling Story in State Governement Featuring Cases from the New Mexico Department of Health

In today's New Mexican, Staci Matlock did a follow-up story to her previous piece that highlighted the bullying and tragic death of NMPRC employee Annette Prada.

See the story here.

What are your thoughts?  Are you a victim of bullying in the workplace?  Share below.

Duffy Rodriguez and Bullying (separate topics, maybe)

I wanted to share two stories with everyone.  First story is a SFReporter article by Justin Horwath.    Please don't shed a tear for poor old Duffy. She will be spending more time with her family.  If we could all voluntarily spend more time with our families we would be so lucky.
View it here.

The second story is a Santa Fe New Mexican article by Staci Matlock about a state employee who committed suicide because of bullying at PRC.  It is a very sad story but one that needs to be shared.
Read the story here.

If you are being bullied at work please email me.  It is a serious problem at DOH and we should address.   If things are getting you down please talk someone.  Don't let people who are insecure with their ownselves make you think anything less of yourself.  We must move forward with out efforts to cleanse DOH of this toxic environment.

What your thoughts?  Share them below.

News Flash: Duffy Rodriguez Resigns

I want to put this up real quick and will write some up later.  Duffy cites family as her reason for resigning which may suggest the resignation is not voluntary. 

Read here.

Make sure you comment below.

Rewind: Sequoyah Director Anita Westbrook's Actions has been seen before.

In a letter written to former New Mexico Department of Health Secretary Alfredo Vigil, the Turquoise Lodge Hospital (TLH) management team details Director Anita Westbrook's indiscretions, mismanagement, and atrocities. Sadly, many of the items covered have also occurred at Sequoyah Adolescent Treatment Center.  The letter was provided by a former TLH staff member.  It is interesting how this appears to be a pattern of behavior.





Download it here.






Deja vu?

What are your thoughts and opinions?  Please share them below.

NMDOH Crisis Pushes Sequoyah Director Anita Westbrook for a Response to Employees' Memo of Concern

Today at 8:45 am, I sent Anita Westbrook, director at Sequoyah Adolescent Treatment Center, an email requesting a response to the memo of concern that the staff presented to her in late August.

___________________________________________

                                               Johnathan Publix

                                                                                                                        dohcrisis@gmail.com

                                                                                                                        NMDOHCrisis.com

                                                                                                                        NMDOH.com

Anita Westbrook, Administrator

Sequoyah Adolescent Treatment Center

3405 W. Pan American Fwy

Albuquerque, NM 87107

anita.westbrook@state.nm.us

(505)222-0375

Dear Ms. Westbrook,

I am writing you on behalf of the staff at Sequoyah Adolescent Treatment Center.  On August 28, 2012, you were presented with a memo signed by members of staff that outlined their concerns about treatment of residents and staff.  Over two months has elapsed and there has been no response.  If you need a reminder of the memo, I have attached it as memo.pdf. Your staff cites concerns about lower quality care; violations of policy, procedure, and established practice; poor working conditions and overall staff dissatisfaction; and informed you that they seek whistleblower protection that afforded to employees under state law.  Despite the aforementioned whistle protection you have terminated the Milieu Director because of her involvement in drafting the memo so we know you received the memo.

The New Mexico Children, Youth and Families Department's (CYFD) Licensing and Certification Authority (LCA) started an investigation at Sequoyah and their findings closely mirror the points outlined in the memo.  LCA's directed actions are attached as LCA directed actions.pdf.

The staff at Sequoyah, including those who did not have an opportunity to sign the memo, is still eagerly awaiting your response. I request that you please address the items in the memo with staff so that they know you have acknowledged their concerns and genuinely do care about what is happening at your facility as much as the staff.   The items in the memo are serious and your attention is needed.

Any manager worth their salt would address employee concerns. We are aware the union Communication Workers of America #7076 has also solicited your response to the memo of concern.

Please address the staffs' concerns. 

Thank you,

-Johnathan Publix

___________________________________________

I forgot to mention the fact that I also carbon copied (CC'd)  interim state health secretary Brad McGrath, governor Susana Martinez, various legislators, and members of the media. 

Here is the response from Suasana Martinez' office:

___________________________________________

 

Martinez, Susana, GOV via sv4-mta-60b.us.emailfiltering.com	9:38 AM
to me

Thank you for contacting the Office of the Governor.  Your email is very important to us and we will make sure that your information is directed to the proper department or staff member.   If you have any additional questions, please contact us at 505-476-2200.  Thank you.

  

___________________________________________

Made me feel special.  I've sent other stuff to her office and never got any sort of response other than this auto-responder. So I don't think my email is "very important" to them or I am simply not loved in the governor's office.

Today I did have a few inquires from the media and you can expect a story on KOAT 7 tonight at 10pm.   If it appears, I will have the video in this post.

Last weekend we hit our 1000th published comment.  Thank you everyone for reading and participating in discussions.

Have any thoughts or opinions?  Share them below. Please start assigning yourselves a handle using the "Name/URL" option.  Just fill out your handle (eg Woodstock) under name and leave the URL field blank. You remain anonymous but it makes it a bit easier to respond to a comment.

Here is the video from KOAT's broadcast.

Sequoyah Adolescent Treatment Center Reaching Breaking Point: Employee Reaches Out for Help

I received the following letter from a member of the staff at Sequoyah Adolescent Treatment Center.  I have obtained their permission to post the letter because I felt it was a great example how management of Sequoyah has declined and the best interest and safety of staff and residents is being compromised. I have added clarification where it is needed for those of us who are not familiar with certain items and I can add additional clarity if needed. Just ask in the comments and I wil get the info and add it. 

The Anita mentioned is of course director Anita Westbrook.  The letter does give some insight into the challenges staff encounters without management (Director Anita Westbrook and acting Medical Director Dr. Babak Mirin) meddling with processes tha have been long in place.

__________________________________________

Dear Johnathan,

I am a psych tech at Sequoyah Adolescent Treatment Center. I have been here for a few years and make between $9 and $12 an hour. The longer I have been here, the more likely I am to make less money. Newer people are being hired at a higher rate. Like most state employees, I haven’t had a raise in years.

I probably have children and I may or may not have someone to help raise them. I have to work a second job/collect food stamps/work extra shifts or even do all three to support my family. I have looked for other jobs, but it is hard to find a job. Besides, I like working at Sequoyah, or at least, I did. I have worked at other treatment centers or in corrections, and I would never work anywhere else. People have worked here for many years. Two psych techs actually retired and worked their entire careers at Sequoyah. Let me tell you why.

Before July 2012, Sequoyah was an amazing place. It was not perfect, and there had been changes with a new director, but overall it was still running really well. I work with some of the most difficult kids in New Mexico. I have worked with rapists, murders, and kids who had really hurt people. I am not afraid of them. They are human, just like me. Most of these kids have been horribly abused or neglected, which does not excuse their violent behavior, but it does help explain it. I know that if I treat them with dignity and respect, most times I get the same in return. And I feel like what I do is important and has meaning. I could tell you stories about kids that everyone else had given up on, and after they came to Sequoyah, they ended up doing ok. Not every kid does good after they leave, but there are enough to make it clear that what I do matters.

These residents act out. There are probably at least two or three restraints a week- sometimes more, sometimes less. There are countless times that I and the other staff worked through a situation and did not have to do a restraint. I hate doing restraints. I don’t know anyone who likes them. At Sequoyah, if there are people who “like” restraining kids or use restraints when they don’t need to, they do not last. It is not ok for any of us to use a restraint except as a last resort for safety and we all know that.

Like I said, I am not afraid of the kids. I am not stupid- I know every day that I come to work, I could get hurt. Staff get hurt, but it is usually minor, and we just know it is part of the job. It is a risk we take. I am not friends with everyone I work with, and I don’t even like some of them, but I did know they had my back. If I called on the radio for help, there would be someone there to help me very fast. Sequoyah has the best staff ratio I have ever heard of- we have at least 1 staff for every 3 kids. The state requires only 6:1. The managers work very hard to make sure every shift is staffed not only with enough people, but a balance between males and females and staff who have been here a while working with newer staff. Who is working is as important as how many staff there are.

I have been trained, and trained, and retrained on how to work with the boys. I know how to de-escalate them, and I know how to handle it if de-escalation fails. I was sure that if I was burnt out or being targeted by the resident, I had team mates who would take over. I didn’t have to say to restrain a kid by myself because we always worked as a team. And there was always a milieu supervisor on duty to deal with the really hard situations. Also, I knew that I could call my manager or the milieu director at any time, night or day, if I needed help.

Starting in July, things started falling apart here. The rules changed, but no one really told us. I had to do restraints that I did not think were necessary because some new doctor told me to. I had to watch a kid beat himself bloody and was not allowed to stop him because some other new doctor told me I could not. I asked my supervisors, and they asked their supervisors, and the only answer I got was “Do what the doctor says”. I started hearing that people were getting in trouble and worrying about their jobs.

I signed the petition because I believed what it said. I hoped that Anita would think about what was going on if she knew that so many of us saw the same problems. I have been worried ever since I signed it. I have seen people walked out of the building and they haven’t come back. I have heard that at least one person is being fired. My supervisors are scared and confused, and we no longer know what to do when problems come up. One day we are trusted to say if a resident is dangerous, and the next day we are told that we are not qualified to say that. We were told we have to call a nurse to decide, but it takes a long time for a nurse to come, and I am scared about what might happen while we are waiting. The nurses are so busy with their own stuff to do, it isn’t fair that they have to come do what has always been our job to do.

I heard that some of the managers got in trouble for not restraining a kid one day, and then got in trouble the next day because they did a restraint. Staff who do restrain kids are called into a meeting and have to explain what happened to the doctor and to the director. No one wants to be the one to restrain a kid because they don’t want to get in trouble. The responses to back-up calls take longer and less people respond because they don’t want to be in a restraint. I haven’t seen it yet, but I fear for the day we let a kid get hurt because everyone was afraid to do a restraint. It is a mess. I no longer feel safe when I come to work. It feels like at any moment everything could get out of control. Also, there are just not enough staff. Many of us are working overtime, but there are lots of shifts that are not staffed as carefully as before, and I just don’t feel like I have enough people around me to back me up.

And now they have taken away our spit nets. We are not told if residents have a disease such as AIDS or Hepatitis. We are taught universal precautions, and to treat everyone like they have a disease. Many of the kids spit and bite. Spit net are used to help us make sure we don’t get a disease. We have a policy that says when to use them, and we only use them when we have to. I feel even more scared now. If I have an exposure, I will have to spend my own time going to an urgent care or ER (staff don’t get paid for their time when they go to the doctor for a work related injury), I will have to get my blood drawn twice (once now and once in 6 months), and I will be worried the whole time that I may have gotten a disease and that I might expose my children. Why did this happen? Is administration punishing us or trying to run us off?

No staff appreciation day, no matter how well planned or what they feed us, can make up for what they have done to the morale of the staff. Someone once said we are “one big dysfunctional family”. We are not a family anymore. We are not even a team. Sequoyah is falling apart. I wish someone would see that, and help us, so that we can help the kids. Thank you for all you are doing and keep fighting for us and the kids.

God Bless,

-One of the Many Dedicated Psych Techs at Sequoyah

__________________________________________

It is scary that management would remove an infection control measure (spit nets) that was approved by JKM, the company that trains for safe crisis management (SCM).   JKM is nationally recognized and SCM is used throughout the United States and other countries. JKM not only has no problem with the use of spit nets, JKM often recommends their use to programs that would benefit from them.  Here is what spit nets look like.  They have been used for about seven years at Sequoyah.

To all the staff at Sequoyah,

Continue to do what is best for the residents and keep yourselves safe. We are fighting for you and will continue fighting for you until there is positive change. We care about both the staff and residents at Sequoyah whose safety is paramount to anything else. I know management is making life difficult and retaliating against you. Management's bad day should never be your bad day. Their bad days are ultimately a good day for us and the truth. Stay strong and remain united.

Three things cannot be long hidden: the sun, the moon, and the truth. -Buddha

-Johnathan Publix

If you have any comments, concerns or words of encouragement please share them below.

New Mexico Department of Health Finds a Way to Award Contracts to a Suspended Medicaid Provider Suspected of Fraud

Dr. Babak Mirin: savvy or deceptive businessman?

In our previous post we made reference to the Request for Proposal (RFP) the New Mexico Department of Health (DOH) put out for psychiatric services.  One of the seven accepted bids were from New Mexico Psychiatric Services (NMPS) who scored second lowest among all bidders and had the second highest cost at $250 an hour, nearly $100 over most competitive bids.  We also discussed NMPS's accepted proposal and the DOH contracts that were not awarded to NMPS but Healing Gardens Medical Management Inc. which is surely a procurement violation because Healing Garden was not a bidder. Both companies list Dr. Babak Mirin as director in the New Mexico Public Regulatory Commission (NMPRC) filings.  Sounds fishy?  You bet!

Earlier this month NMPS filed a lawsuit against New Mexico Human Services Department (HSD).   In NM case number D-101-CV-201202787,  NMCourts.gov listed the  complaint for "Declaratory Judgment and Violation of the Inspection of Public Records Act" (IPRA).   Sounds innocent enough, right?  Originally, we thought so too.  After some thought we decided that there must be something there so we did some digging.  We manged to get our hands on the entire complaint filed by NMPS's attorney.  It turns out that HSD's Medical Assistance Division (MAD) sent NMPS a certified letter that may just be the answer to the Healing Gardens vs NMPS question.


In the letter dated February 20,2012, marked as exhibit A,  HSD placed a Medicaid payment suspension on NMPS because there was "a credible allegation of fraud for which an investigation is pending."  In a later letter HSD/MAD refers NMPS to the New Mexico Attorney General's Medicaid Fraud Control Unit (MFCU).

Here is the entire court complaint.

Here are the Exhibits from the complaint for your reading pleasure.

Sequoyah Employees Voice their Concerns and CYFD Investigates

Sequoyah Adolescent Treatment Center employees drafted and signed a memo that was given to director Anita Westbrook.  The memo outlined concerns that had been previously voiced by employees to Westbrook.  The memo was signed by nearly 60 employees.  The employees cite lower quality care; violations of policy, procedure, and established practice; poor working conditions and overall staff dissatisfaction; and informed Westbrook that they seek whistleblower protection that afforded to employees under state law. The New Mexico Children, Youth and Families Department (CYFD) licenses and certifies Sequoyah as a residential treatment center. At the end of August, CYFD's Licensing and Certification Authority (LCA) started an investigation at Sequoyah and findings so far are not good.  It is so bad that LCA assigned someone to oversee care for residents.

Here is the employees' memo given to director Anita Westbrook:

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Here is the CYFD LCA document: 

Many Sequoyah employees have stated these issues began with DOH's acceptance of an extremely lucrative offer to a request for proposal (RFP) to Dr. Babak Mirin and New Mexico Psychiatric Services Inc. (NMPS).  Mirin and NMPS are based out of Roswell, NM.  Yes, Roswell, NM.   The same Roswell that the governor's chief of staff Keith Gardner and acting  department of health secretary Bradley McGrath both hail from.  The most interesting part of the RFP is that the accepted offer was made by New Mexico Psychiatric Services Inc. (NMPS), Dr. Babak Mirin's company. Dr. Babak and Garden Medical Management Inc. collect $250 an hour or $2000 per day.  The most interesting thing about the contracts is that the previous year's providers made between $149 and $165 per hour.

 Another odd point is that NMPS and Healing Garden are not the same company yet the RFP is awarded to NMPS but the contract goes to Healing Garden who did not submit an RFP.   What gives?  We will bring you more info on that later so stay tuned. 

RFP for psychiatric services:

Last contract awarded to Dr. Babak Mirin and Healing Garden Medical:

The most interesting part about Dr. Babak Mirin, who specializes in geriatrics and Healing Garden is that no one on staff has a specialty in child psychiatry.  Sequoyah always had doctors who had a specialty in child psychiatry. In fact, Seqouyah has on staff one the best child psychiatrists in the state in Dr. Kenneth Crumley, the medical director, who has been on paid administrative leave.  Dr. Crumley is paid $153,595 a year.  Dr. Mirin is acting medical director in his absence.  Other providers currently at Sequoyah are Dr. Parvaneh Bakhtiar, an Adult Psychiatrist, and Jayanna Warwick, a Nurse Practitioner.  Not even a doctor.  So, three unqualified people equals one child psychiatrist at a cost.

Healing Garden/NMPS did have a child psychiatrist on staff who they touted as the primary provider during the RFC process but the doctor moved out of state as planned. 

Please read through the employees' memo, LCA directed action plan, RFP and Dr. Mirin's most recent contract.

In future posts we will be discussing the issues at Sequoyah Adolescent Treatment Center.  There are lots of issues to tackle.  This will be a multi-part series.

Was Former Cabinet Secretary Dr. Catherine Torres Fired or Did She (in)voluntarily Resign?



Having escorted out many good employees Dr. Torres has the same done to her.

I can’t remember the last time someone was actually fired from an appointee position in any branch of government; they always resign.  No matter the circumstances the person in question resigns.  How Dr. Catherine Torres left is of little consequence to me because at the conclusion the outcome is what all of the New Mexico Department of Health desperately needed and wanted. 

After today’s post we are not going to be devoting much attention to Dr. Torres unless some new transgressions come to light.   We will be devoting our attention to cleaning up DOH, taking out the trash and making the department well again.  We need to celebrate our successes and analyze our failures so we can do better.  Everyone has a stake in DOH’s success and needs to be more vocal

Our last post about Torres’ resignation had been half-written for several months.  The writing was on the wall.   Many members of DOH Nation also saw the writing.   What many do not know was that the final decisions for Torres’ departure were made Friday September 28^th and not during the weekend.  We obtained following account from many sources via email and the BARF tip hotline.

On Friday, Dr. Torres was called over to Governor Susana Martinez’ office.  Upon her return, someone was waiting in the parking lot for her.  Dr. Torres was escorted to her office (fortress of solitude) where she gathered her personal effects.  Once Dr. Torres was done, she was then escorted from the building.

I have never seen someone voluntarily given two weeks’ notice and then escorted from the building.  It would appear governor Martinez asked for her resignation and Torres complied.  After all, who would want headlines in the press that you were fired?  Resigned sounds nicer. Citing the need to spend more time with family is the usual reason.  Not having a job certainly would cause you to spend more time with family so in a way that is true.

There is the truth.  Our focus will be shifting here on the site.  We hope to bring some more positive posts about DOH's transition.  With that said, we also keep track of those items that hampers improvement at the department. Continue you to do good DOH Nation because the people of New Mexico depends on you.

Opinions, thoughts or concerns?   Let them be heard below.  If you have more details about Dr. Torres' last day and we can corroborate it, we will added it to the post.

[Updated]
See today's ABQ Joutnal (10/8/12) for Joline Guirerrez Krueger's story about change welcomes at DOH.
http://www.abqjournal.com/main/2012/10/08/upfront/health-department-transition-is-welcomed.html

Dr. Catherine Torres is out as New Mexico Department of Health Cabinet Secretary

Memo reads: "Dr. Catherine Torres resigns". 

Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch!
Ding Dong! The Wicked Witch is dead.



Governor Susana Martinez finally poured a bucket of water on Dr. Catherine Torres killing her tumultuous tenor at New Mexico’s Department of Health (Technically, Dr. Torres resigned effective October 15th). No word yet what will happen to all her flying monkey henchmen but those who are classified employees will have a new boss to brown-nose to so they can ensure their survival.

Torres cites personal reasons including the passing of her mother and her wanting to spend more time with her family.  We do extend our condolences Dr. Torres and her family for their loss which was several months ago.  It was inevitable that Dr. Torres' stay at DOH would end with her leaving prematurely.  Brad McGrath will be acting cabinet secretary until a replacement is found.

Employees in the Runnels building have been happy, excited and relieved.  One employee stated that it seems like a good dream and they are afraid they will wake up and Torres' reign would continue.  Only one thing is certain and that is DOH employees do see brighter days ahead.  Employees still have not received anything from management about the announcement other than some divisions circulating an email with following press release.  Brad McGrath is said to be sending an email this afternoon with this new development and what it means to the department.

Here is the news release:

FOR IMMEDIATE RELEASE October 1, 2012   Contact: Scott Darnell (505) 819-1398 scott.darnell@state.nm.us     GOVERNOR SUSANA MARTINEZ ANNOUNCES RESIGNATION OF DOH SECRETARY DR. CATHERINE TORRES   SANTA FE – Governor Susana Martinez announced today that Dr. Catherine Torres is resigning from her position as Secretary of the New Mexico Department of Health. Dr. Torres was appointed to the position by Governor Martinez in January 2011. Prior to joining the administration, she was a practicing pediatrician in Las Cruces.   “I’m grateful to Dr. Torres for her hard work leading one of our largest state agencies,” said Governor Martinez. “During her time as Cabinet Secretary, Dr. Torres demonstrated an unwavering commitment to the health and well-being of all New Mexicans. I thank her for her service and I wish her the very best in her future endeavors.”   “It has been an honor to serve as the Cabinet Secretary for the Department of Health for nearly two years,” Dr. Torres commented. “I am extremely proud of the work that we have been able to accomplish to improve our state and the lives of the people of New Mexico. Unfortunately, due to recent personal developments, including the passing of my mother and a heartfelt desire to spend time with my family, it is time to move on. I thank the governor for her confidence in me as the leader of the New Mexico Department of Health.”   Dr. Torres will continue to work with the governor’s office to ensure a smooth transition to new permanent leadership at the Department of Health. Until a replacement is appointed, Deputy Secretary Brad McGrath will assume the duties of secretary. Secretary Torres’ resignation is effective two weeks from today.   ###

Dr. Torres’ welcomed departure does not solve all of DOH’s problems but it does allow employees and the public to hope that someday there might be light at the end of the tunnel. We aren't hanging up any "Mission Accomplished," banners just yet.

Joey Peters of the Santa Fe Reporter put up this blog post.   Milan Simonich also had a blog post that fairly summarized Torres' tenure at DOH.  Twitter lit up with posts of Torres' resignation with some even describing her as "embattled."

What are your thoughts on this remarkable piece of news? We will add info to this post as it becomes available.

[Update]

The Santa Fe New Mexican wrote an article that has more substance than the standard rehash of press release.  The story does highlight DOH employees out on administrative leave like Lori Montegomery whom has been on paid admin leave since July 18th as well as our website.
 
Link to SF New Mexican - Read the story here. to SF New Mexican

Click on picture to enlarge

 

The the Albuquerque Journal also mentions the website and characterized postings and comments as, "mean-spirited attacks."  Can't win them all. See the article here.

 

The most crital article I have come across is from Dr. Torres' last place of residency Las Cruces.  See here.