Mental Health Inc

by Art Levine

  54 “15,000 elderly people”: Testimony of Dr. David Graham, The Adequacy of FDA to Assure the Safety of the Nation’s Drug Supply, House Subcommittee on Oversight and Investigations of the Committee on Energy and Commerce, February 13, 2007, https://www.gpo.gov.

  54 without the consent: Office of the California Attorney General, “Brown Announces Arrest of Nursing Home Employees Who Drugged Patients for Staff’s Convenience,” February 18, 2009, https://oag.ca.gov/news.

  55 debilitating shots of Haldol: Marjie Lundstrom and Phillip Reese, “Unmasked: Who Owns California’s Nursing Homes?” Sacramento Bee, November 9, 2014, http://www.sacbee.com.

  56 and the coroner’s report: Thom Jansen, “Chemical Restraints: Anti-Psychotic Meds Given to Elderly Despite Warnings,” ABC 10 (Sacramento), June 17, 2015, http://www.abc10.com and Placer County Coroner Report, November 20, 2013, http://www.scribd.com/doc/268978872.

  57 against the department: “FATE Concludes Public Interest Lawsuit Against the California Department of Public Health,” FATE: Newsletter of the Foundation Aiding the Elderly 16, no. 1 (Winter 2016): 2, http://www.4fate.org.

  57 supposedly educates: Centers for Medicare and Medicaid (CMS), National Partnership to Improve Dementia Care in Nursing Homes, https://www.cms.gov.

  57 CMS assumes: Ina Jaffe and Robert Benincasa, “Alternatives to Antipsychotics: Nursing Homes Rarely Penalized for Oversedating Patients,” NPR, September 12, 2014, http://www.npr.org.

  58 three times for modest amounts: California Department of Public Health, Facility Information, Roseville Point Health & Wellness Center, http://hfcis.cdph.ca.gov; full references for this book’s California nursing home controversies online at https://www.scribd.com/document/343213309/References-CA-Nursing-Homes-Oversight.

  58 five-star rating: Roseville Point Health & Wellness Center, Nursing Home Profile, www.medicare.gov/nursinghomecompare.

  58 filed a complaint: FATE letter of complaint re: Roseville Point and Genine Zisso, June 7, 2013, online at https://www.scribd.com and https://www.scribd.com/document.

  58 gamed the Medicare system: Katie Thomas, “Medicare Star Ratings Allow Nursing Homes to Game the System,” New York Times, August 24, 2014, https://www.nytimes.com.

  58 openly admitted: David Martin and Sheila MacVicar, “Drugging Dementia: Are Antipsychotics Killing Nursing Home Patients?” Al Jazeera, March 11, 2015, http://america.aljazeera.com.

  58 better … national average: CMS facility antipsychotic use spreadsheet, 2nd Quarter, 2015, enclosed in email from Tony Chicotel, staff attorney, California Advocates for Nursing Home Reform (CANHR), December 16, 2015.

  59 “low-balling”: Marjie Lundstrom, “‘All They Got Was a Slap on the Hand’: Is California Low-Balling Penalties in Nursing Home Death Investigations?” Sacramento Bee, January 9, 2017, http://www.sacbee.com.

  59 Class B citation: Email from Carole Herman, President of FATE, May 9, 2017; California Department of Public Health, Citation of Roseville nursing home, April 25, 2017, 1, https://www.scribd.com/document.

  60 decertified three: Marjie Lundstrom and Phillip Reese, “California’s Largest Nursing Home Owner Under Fire From Government Regulators,” Sacramento Bee, June 13, 2015, http://www.sacbee.com/news.

  61 setting herself on fire: Lundstrom and Reese, “Shifting Population in California Nursing Homes Creates ‘Dangerous Mix,’” Sacramento Bee, April 2, 2016, http://www.sacbee.com.

  61 has defended the quality of care: “Shlomo Rechnitz vs. California: Key Documents,” Sacramento Bee, June 13, 2015. http://www.sacbee.com/news/investigations.

  61 facility was raided: Marjie Lundstrom, “FBI Raids Riverside Nursing Home,” Sacramento Bee, October 24, 2015, http://www.sacbee.com.

  61 charged with crimes: Department of Justice, State of California, “Attorney General Kamala D. Harris Files Involuntary Manslaughter Charges Against Skilled Nursing Facility Verdugo Valley, LLC,” news release, August 28, 2015, https://oag.ca.gov/news.

  62 “harmful drugging”: “Recognizing Elder Abuse Awareness Day: Working Together to Curb Misuse of Powerful Antipsychotic Drugs in Nursing Homes,” Center for Medicare Advocacy, http://www.medicareadvocacy.org.

  62 joined forces: “Former Medicare Head Joins TwinMed, LLC as CEO,” Business Wire, press release, January 8, 2014, http://www.businesswire.com.

  62 agreed to pay $3.5 million: Jason Meisner, “Doctor Given Prison for Taking Kickbacks to Prescribe Risky Drug,” Chicago Tribune, March 11, 2016, http://www.chicagotribune.com.

  63 spread the good news: Christina Jewett and Sam Roe, “Drugmaker Paid Psychiatrist Nearly $500,000 to Promote Antipsychotic, Despite Doubts About Research,” ProPublica, November 11, 2009, https://www.propublica.org.

  63 paying kickbacks to Omnicare: Natasha Singer, “Johnson & Johnson Accused of Drug Kickbacks,” New York Times, January 15, 2010, http://www.nytimes.com.

  64 leaked internal documents: Alex Berenson, “Eli Lilly Said to Play Down Risk of Top Pill,” New York Times, December 17, 2006, http://www.nytimes.com.

  64 urged nursing homes: Tom Murphy and Marley Seaman, “Lilly Settles Zyprexa Suit for $1.42 Billion,” Seattle Times, January 15, 2009, http://old.seattletimes.com/html.

  64 2014 lawsuit: Jeremy Heallen, “AstraZeneca Facing Suit in Texas Over Seroquel Marketing,” Law360, October 10, 2014, https://www.law360.com.

  64 host of sleazy tricks: Katherine Hobson, “Whistleblower Twice Over: First Lilly Now AstraZeneca,” Wall Street Journal, April 28, 2010, http://blogs.wsj.com; DOJ, “AstraZeneca Seroquel Settlement Agreement,” April 27, 2010, online at http://psychrights.org.

  65 decrying overmedication: Daniel R. Levinson, “Overmedication of Nursing Home Patients Troubling,” DHHS, OIG, May 9, 2011, https://oig.hhs.gov.

  65 over-drugging the elderly: DOJ, Northern District of California, “Watsonville Nursing Home Owners, Operators and Manager Agree to Pay $3.8 Million to Settle Allegations of False Claims,” news release, May 21, 2015, https://www.justice.gov.

  66 new anti-fraud lawsuits: Booker v. Pfizer, Appeal, January 30, 2017; Heallen, “AstraZeneca Facing Suit in Texas.”

  66 Vermillion Cliffs: Pam Belluck, “Giving Alzheimer’s Patients Their Way, Even Chocolate,” New York Times, December 31, 2011, http://www.nytimes.com.

  67 royalty payments: Angie Drobnic Holan, “AARP Profits from Insurance Sales; GOP Calls It a Health Reform Conflict,” Politifact, September 29, 2009, http://www.politifact.com/.

  68 granted a groundbreaking order: AARP, “Ventura Facility Residents Successful in Challenging, Illegal Drugging,” press release, February 4, 2014 http://www.aarp.org.

  Chapter 3: The Secret History of the VA’s Tragedies in Tomah and Phoenix

  69 more than thirty patients had died: Aaron Glantz, “See Results of Government Investigations Into VA in Tomah, Wisconsin,” Reveal from The Center for Investigative Reporting, March 23, 2015, https://www.revealnews.org.

  69 published influential studies: Katherine E. Watkins et al., “The Quality of Medication Treatment for Mental Disorders in the Department of Veterans Affairs and in Private-Sector Plans,” Psychiatric Services 67, no. 4 (April 1, 2016): 391–396, http://ps.psychiatryonline.org.

  70 assessment of the VA’s overall quality: Peter Hussey et al., Resources and Capabilities of the Department of Veterans Affairs to Provide Timely and Accessible Care to Veterans (Santa Monica, CA: RAND Corporation), 2015, http://www.rand.org.

  70 deadly wait times: Curt Devine et al., “Report: Deadly Delays in Care Continue at Phoenix VA,” CNN, October 4, 2016, http://www.cnn.com.

  70 pro-privatization agenda: Alicia Mundy, “The VA Isn’t Broken, Yet,” Washington Monthly, March/April/May 2016, http://washingtonmonthly.com/magazine.

  70 Commission on Care: Dennis Wagner, “VA Scandal: ‘Drastic’ Proposal Stirs Fears of Privatizing Veterans’ Care,” Arizona Republic, April 1, 2016, http://www.azcentral.com.

  71 actual reform ideas: Donald J. Trump, “ICYMI: Trump’s Ten Point Plan to Reform the VA
” (excerpted from speech given in Virginia Beach, VA), July 11, 2016, https://www.donaldjtrump.com/press-releases.

  72 recklessly overused opiates: Aaron Glantz, “Opiates Handed Out Like Candy to ‘Doped-Up’ Veterans at Wisconsin VA,” Reveal from the Center for Investigative Reporting, January 2, 2015, https://www.revealnews.org.

  72 medication-linked deaths: Audrey Hudson and Andrea Billups, “Dead Veteran’s Kin Demand Inquiry,” Washington Times, November 13, 2008, http://www.washingtontimes.com.

  72 public about abuses: Ryan Honl, “Here Are the Facts About the Tomah VA Scandal,” Cap Times (Madison, WI), May 19, 2016, http://host.madison.com.

  73 March 2014 report: John Daigh, Jr., “Alleged Inappropriate Subscribing of Controlled Substances and Alleged Abuse of Authority…,” VA OIG, MC# 2011-04212-HI-0267, March 12, 2014, https://www.document-cloud.org.

  73 found in his hospital bed: Patricia Kime, “VA Hospital at Fault in Marine Veteran’s Death,” Military Times, August 19, 2016, http://www.military-times.com.

  73 House-Senate field hearing: Statement of Dr. Carolyn Clancy, House Committee on Veterans Affairs, March 30, 2015, online at http://docs.house.gov/meetings.

  73 diagnosed 60 percent: Sarah Childress, “Veterans Face Greater Risks Amid Opioid Crisis,” PBS Frontline, March 28, 2016, http://www.pbs.org/wgbh/frontline.

  73 “mixed drug toxicity”: VA OIG, Unexpected Death of a Patient During Treatment with Multiple Medications, Tomah VA Medical Center, Tomah, Wisconsin, report no. 15-02131-471, August 6, 2015, https://www.va.gov.

  75 congressional panel: House–Senate Tomah field hearings, transcript, March 30, 2015, https://www.gpo.gov/.

  75 burgeoning illegal drug trade: Aaron Glantz, “The Death of Baby Ada Mae and the Tragic Effects of Addicted Veterans,” Reveal from The Center for Investigative Reporting, March 15, 2015, https://www.revealnews.org.

  75 conducting a criminal investigation: Sari Lesk, “Criminal Investigation Continues at Tomah,” Stevens Point Journal, May 7, 2015, http://www.stevenspointjournal.com.

  75 finally fired: Patricia Kime, “VA: Tomah Chief of Staff Fired Without Settlement,” Military Times, November 2, 2015, http://www.militarytimes.com.

  75 restored in April 2016: David Wahlberg, “Former Tomah VA Doctor’s Medical License Restored,” Wisconsin State Journal, April 12, 2016, http://host.madison.com.

  75 permanently surrender: Bill Glauber and Daniel Bice, “Fired Tomah VA Chief to Surrender Medical License,” Milwaukee Journal-Sentinel, January 18, 2017, http://www.jsonline.com.

  77 reached an agreement: Wisconsin Medical Examining Board, Division of Legal Services and Compliance, “Final Decision and Order for Remedial Education in the Matter of the License of Rhonda D. Davis, MD,” case no. 15 MED 002, November 8, 2016, https://online.drl.wi.gov.

  78 curb and monitor opiate overprescribing: Jason Simcakoski Memorial Opioid Safety Act, S.1641, 114th Cong. (2015–2016), https://www.congress.gov.

  78 Opioid Therapy Risk Report: Reynaldo Leal, “VA Accelerates Deployment of Nationwide Opioid Therapy Tool,” VA news release, March 9, 2015, http://www.blogs.va.gov.

  79 fail to work: Kyle Buckley, “VA Electronic Health Records: What Federally Mandated Health Integration Really Looks Like,” National Center for Policy Analysis, May 8, 2013, http://www.ncpa.org.

  79 agreed to a legal settlement: Testimony of Kimberly Stowe Green, House Subcommittee on Health, House Veterans Affairs Committee, October 10, 2013, http://docs.house.gov/meetings; interviews and email correspondence with Green’s attorney, Brant Mittler, October–November, 2015.

  79 little-noticed assessments: “VA Code in Flight: Pharmacy Reengineering Data Update (PRE DATUP) 2.0,” Open Source Health Record Alliance, 2014, https://www.osehra.org/blog; Assessment H (Health Information Technology), MITRE Corporation, September 1, 2015, https://www.va.gov/opa.

  80 forced out of his post: Jacqueline Klimas, “VA Inspector General Steps Down Amid Controversy, Claims of Whitewashing,” Washington Times, June 30, 2015, http://www.washingtontimes.com.

  80 The Senate governmental affairs committee: Majority Staff Report of the Committee on Homeland Security and Governmental Affairs, U.S. Senate, The Systemic Failure and Preventable Tragedies at the Tomah VA Medical Center, May 31, 2016, http://www.hsgac.senate.gov.

  81 pattern of revenge: Dan Elliott, “Veterans Affairs Whistleblower Resigns, Citing Retaliation,” Military.com, November 17, 2016, http://www.military.com.

  81 corrosive culture”: Carolyn Lerner, “Continued Deficiencies at the Department of Veterans Affairs’ Facilities,” Letter to the President from the Office of Special Counsel, June 23, 2014, https://osc.gov.

  81 50 percent increase: Pauline Jelinek, “Number of Troops with PTSD up 50 Percent,” Associated Press, May 28, 2008, http://www.sandiegouniontribune.com.

  81 only half of veterans: “Only Half the Vets With PTSD Are Getting Treatment: Report,” CBS News, June 20, 2014, http://www.cbsnews.com.

  81 evidence-based treatment: VA OIG, “Veterans Health Administration (VHA): Review of Veterans’ Access to Mental Health Care,” April 23, 2012, https://www.va.gov/oig/pubs/VAOIG-12-00900-168.pdf.

  82 nation’s leading hospitals: Adam Oliver, “The Veterans Health Administration: An American Success Story?” Milbank Quarterly 85, no. 1 (March 2007): 5–35. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2690309/.

  82 forty veterans had died: “Timeline: The Road to VA Wait-Time Scandal,” Arizona Republic, May 9, 2014, http://www.azcentral.com.

  82 new VA scandals: VA, “Access Audit: System-Wide Review of Access, Results of Access Audit,” May 12, 2014–June 3, 2014, https://www.va.gov/health/docs.

  82 reward administrators: Chelsea J. Carter, “Were Bonuses Tied to VA Wait Times: Here’s What We Know,” CNN, May 30, 2014, http://www.cnn.com/2014/05/30/us/va-bonuses-qa/index.html.

  83 received a trip to Disneyland: Dennis Wagner, “Fired Phoenix VA Chief Helman Took Secret Gifts,” Arizona Republic, December 23, 2014, http://www.azcentral.com.

  83 sentenced in May 2016: Dennis Wagner, “Judge Sentences Former Phoenix VA Director Sharon Helman to Probation,” Arizona Republic, May 16, 2016, http://www.azcentral.com.

  83 overturned her firing: Dennis Wagner, “Former Phoenix VA Director’s Firing Overturned by Federal Appeals Court,” Arizona Republic, May 9, 2017, http://www.azcentral.com/story.

  83 authority to fire: Eric Katz, “Support Grows for Bills to Boost VA Firing, Restrict Its Unions,” Government Executive, May 17, 2017, http://www.govexec.com.

  83 AFGE president denounced: Brandon Coleman, “Veterans Affairs Whistleblower to Trump: Clean Up This Agency,” Daily Caller, December 15, 2016, http://dailycaller.com.

  84 Openly declared: Travis J. Tritton, “VA Abandons Law Aimed at Firing Employees,” Stars and Stripes, June 17, 2016, https://www.stripes.com.

  84 reform legislation: House Committee on Veterans Affairs, The Veterans Access, Choice and Accountability Act of 2014, Highlights, https://veterans.house.gov. CK check text https://www.congress.gov/bill/113thcongress/house-bill/3230

  84 same pattern continued: Bill Theobald, “More Bonuses for VA Employees Despite Ongoing Problems at the Agency,” USA Today, October 28, 2016, http://www.usatoday.com.

  84 two hundred veterans died: Stephen Dinan, “200 Veterans Die Waiting for Care as Troubled Phoenix VA Builds New Backlog,” Washington Times, October 4, 2016, http://www.washingtontimes.com.

  85 quick removal of the director: Joshua Barajas, “VA Secretary Shulkin Addresses Report That VA Hospital in D.C. Puts Patients at ‘Unnecessary Risk’,” PBS NewsHour, April 13, 2017, http://www.pbs.org/newshour/.

  85 new website: Donovan Slack, “New VA Chief on Public Scrutiny: Bring It,” USA Today, April 12, 2017, https://www.usatoday.com.

  85 contrived criminal investigation: Testimony of Shea Wilkes, Improving VA Accountability: Examining First-Hand Accounts of Department of Veterans Affairs Whistleblowers, Senate Committee on Homeland Security and Gov
ernmental Affairs, September 22, 2015, https://www.hsgac.senate.gov/hearings/.

  86 mental health legislation: Clay Hunt SAV Act, Pub. L. No.: 114-2 (2015), https://www.congress.gov.

  Chapter 4: The Secret History of the VA Scandals, Part II

  87 smears against Laney: Dennis Wagner, “Phoenix VA Fiscal Officer Wins Whistleblower Reprisal Case,” Arizona Republic, October 16, 2015, http://www.azcentral.com; Merit System Protection Board (MSPB), Denver Field Office, Initial Decision, October 15, 2015, https://www.scribd.com.

  87 “Did you have threesomes?”: Appellant’s Response to Order on Jurisdiction and Proof Requirements [supplemented with Laney emails to VA on “threesomes,” June 2015], MSPB, 7–8, 19–23, July 6, 2015, https://www.scribd.com Laney-Timeline-of-VA-Harassment.

  88 belatedly filed: Lisa Rein, “VA Manager Indicted on 50 Counts of Falsifying Records of Veterans Waiting for Medical Care,” Washington Post, July 20, 2015, https://www.washingtonpost.com.

  88 public vows: Bobbie O’ Brien, “Veterans Secretary Wants VA Whistle-blowers,” WUSF (Tampa Bay), October 3, 2014, http://wusfnew.wusf.usf.edu.

  88 retaliated against: Dennis Wagner, “Phoenix VA Bosses Mired In Personal Conflicts,” Arizona Republic, May 23, 2015, http://www.azcentral.com.

  90 dog-and-pony show: “President Trump Signs VA Accountability Executive Order,” Fox and Friends, April 28, 2017, http://video.foxnews.com.

  91 suicidal patients were ignored: Testimony of Jose Mathews, MD, House Committee on Veterans’ Affairs, July 8, 2014, https://veterans.house.gov/witness-testimony/jose-mathews-md.

  91 “ensures leadership accountability”: VA Claims on Increasing Transparency and Accountability, August 23, 2016, https://www.scribd.com.

  91 blood-and-bone splattered: Mark Greenblatt et al., “Exclusive: Whistle-blowers Cite Disorder at VA Hospital,” WCPO, (Cincinnati), February 16, 2016, http://www.wcpo.com.

  91 raked in over $300,000: Benjamin Krause, “Why Do Skeletons Follow Cincinnati VA’s Dr. Barbara Temeck,” DisabledVeterans.org, February 26, 2016, http://www.disabledveterans.org.