Archived Story

Secret deal only raises too many questions

Published 12:03am Sunday, December 2, 2012

If two wrongs don’t make a right, do two secrets do any better?

Last week, Adams County residents learned that a $46 million lawsuit filed on their behalf by Natchez Regional Medical Center had been settled out of court.

The lawsuit was filed approximately three years ago allegedly to right a series of secretive wrongs committed to the owners of the hospital — residents of Adams County.

Hospital officials alleged that the former hospital management company, Quorum Health Resources and a couple of its employees, mismanaged the hospital’s finances and misled both the hospital’s board of trustees as well as the public.

Quorum’s secretive practices — omissions of true financial data and outright fraud — the hospital’s lawsuit alleged, led to the bankruptcy of the hospital in February 2009.

The company’s secretive dealings dealt a nearly fatal blow to the more than 50-year-old hospital. Fortunately, due to much hard work on the part of the hospital’s staff and administrators, the facility seems to be on better financial ground now.

When the lawsuit was filed, many residents and hospital employees felt it was an effort to bring some justice to the situation and dig out the truth about what Quorum actually did to damage the hospital.

But somewhere along the way, somewhere in the incredible pile of documents such a case brings forth, attorneys for the hospital and hospital trustees apparently lost focus and became greedy.

Last week, the public learned that an out-of-court settlement was made in the case, but were told that details of the settlement would not be made public.

Was the settlement for $46 million — the original amount sought in the lawsuit?

Was it for half that?

One quarter?

How big of a cut did the attorneys get paid?

No one outside the privileged members of the board of trustees and their attorneys know the answers.

Ironically, the board of trustees decided months ago that they would not speak publicly to the newspaper — or perhaps anyone else — about hospital matters.

Instead, the board collectively decided only to speak through the board’s attorney Walter Brown.

When they explain their reasoning, it sounds plausible at first, a show of solidarity.

“We speak as a board, not individually,” they say.

But on the other hand, the move is a perfect way to publicly duck responsibility for decisions such as agreeing to a secretive lawsuit settlement.

The next question is: Why would they agree to a secretive deal?

Clearly, Quorum has an interest in keeping any settlement private for fear any other management customers may read about a large monetary settlement and consider suing them to cash in.

But what good does it do to Natchez Regional, its employees and its citizen owners to keep the amount private?

Perhaps it’s simply a matter of not wanting anyone to question how the settlement money is spent?

Clearly, Adams County Supervisors — who said last week they weren’t allowed to know the settlement amount — were onto something when they suggested the hospital should apply all the funds to pay off their debt.

That’s important, as the debt is backed by the county’s commitment to levy taxes if ever necessary.

Adams County residents — as outlined in the hospital’s original lawsuit document — own the hospital. As such, they deserve to know the financial situation of the hospital and exactly how their money is being spent.

 

Kevin Cooper is publisher of The Natchez Democrat. He can be reached at 601-445-3539 or kevin.cooper@natchezdemocrat.com.

 

  • https://plus.google.com/101785462960818953428/posts Wilson Phillips

    Good points Kevin. If they won’t even tell the Adams County Board of Supervisors, then just what are they hiding. It smells bad.

  • Anonymous

    Really, Kevin. You are being ridiculous. What good would it do anyone to know how much? How would that benefit you personally to know and how does it harm you by not knowing? The hospital has to file their financials to the state every year by law. Wait to see if that shows anything. This was hammered out by 12 lawyers, 2 judges, over 30 depositions, three years of a very busy docket and you think this was really done in a backroom? Have you asked a lawyer about this? Maybe you would like to ask the Judge! But gosh doggit, I can’t imagine why you’re whining to the public through your newspaper. It’s kind of like, deal with it. It is not a big conspiracy. You have to have faith
    in our justice system. The law prevailed. This is how our civil justice system works.

    Maybe you are fishing for a reason for the lawyers not to get their money? Uh? Can you imagine how much the lawyers’ expenses and fees are? (I doubt it but just remember you could have been a lawyer, too). You know, they did a lot of work. Three years of constant motions going back and forth and I counted close to thirty depositions that were taken and transcribed. Just try to wrap around your head the amount of expenses plus fees were involved. There were 6 lawyers for either side. Two different firms represented NRMC.

    We elected our Board of Supervisors who elected or appointed a Board for the Hospital – NRMC. You don’t go nosing around the hospital demanding to know everything because we own it or something. You elect the professionals. The professionals and the boards and the rules all decide what is what is in the best interest of said entity. If the hospital was in dire straits maybe you might wonder, but everything is just really hunky dory over there and I can’t imagine why you are complaining!!!!! Do you want a personal letter from the judge?

    So, Kevin. If this company is found liable for the hospital’s bankruptcy and are going to have to pay, but will absolutely not pay unless the settlement is confidential, are you going to blow the whole deal and say, Absolutely Not!? And so, now the deal is off? Or are you going to force a trial which could last for days, pool a jury, bring on 30 witnesses to testify, cost the taxpayers a whole lot of money for a lengthy trial just because you think you have a right to know even though hospitals are not subject to public records laws? The judge said no, you are going to accept the deal. Got it?

    If you find a better answer, let me know.

  • Anonymous

    What makes you think this was an “out-of-court settlement”? The US District Court for Southern Mississippi, West Division presided over five settlement conferences with US District Judge David Bramlette and/or the Magistrate Judge. A Memorandum of Confidential Settlement was entered on 11/28/12:

    11/07/2012 Minute Entry for proceedings held before Honorable David C. Bramlette, III: Telephone Conference held on 11/7/2012. (dtj) (Entered: 11/08/2012)

    11/08/2012 Minute Entry for proceedings held before Magistrate Judge John M. Roper: Settlement Conference held on 11/7/2012. A representative from Chartis/Lexington reported that there was no determination as to their settlement evaluation at this time. An additional conference will be held on Tuesday,November 13,2012 at 1:00PM. (Nicaud, Jenny) (Entered: 11/08/2012)

    11/08/2012 Set/Reset Hearings: telephonic Conference set for 11/13/2012 01:00 PM before Magistrate Judge John M. Roper. Chartis/Lexington to initiate the conference call with the Court’s Gulfport,Ms. Chambers. (Nicaud, Jenny) (Entered: 11/08/2012)

    11/13/2012 Minute Entry for proceedings held before Magistrate Judge John M. Roper: Settlement Conference held on 11/13/2012. The Court held a conference with defendant’s insurer. (Nicaud, Jenny) (Entered: 11/13/2012)

    11/19/2012 Minute Entry for proceedings held before Honorable David C. Bramlette, III: Telephone Conference held on 11/19/2012. Participating were Kelly Hollingsworth for the Plaintiff and John Macklem and Richard Smith for the Defense. (dtj) (Entered: 11/20/2012)

    11/27/2012 Minute Entry for proceedings held before Honorable David C. Bramlette, III in Natchez, MS: Settlement Conference held on 11/27/2012. Case settled. (Court Reporter Cherie Bond (601-608-4186)) (dtj) (Entered: 11/27/2012)

    11/28/2012 — 139 — MEMORANDUM OF CONFIDENTIAL SETTLEMENT AGREEMENT (PKM) (Entered: 11/28/2012)

  • Anonymous

    Thanks Kevin. Some of us don’t sit around court houses all day and know all the level of detail outlined herein by another poster. The taxpayers have a right to know how their money is being spent, or is to be spent, when windfalls such as this occur and more particularly when a significant debt exists and the hospital was on the verge of bankruptcy a short time ago. Since the taxpayers are on the hook if the verdict went the other way in any case, why should we not have the knowledge of outcome in the win situation?

  • http://www.natchezdemocrat.com Kevin Cooper

    You’ve posted more comments/questions than I have time to respond to at the moment so I’ll hit the high spots.

    First, I don’t think I’m being ridiculous. I’m certainly no lawyer. However, I believe when a settlement such as this is worked out, both parties have to agree to it. In most cases, I believe, the court’s involvement is mostly just to make sure all are on the same page and to close out the pending lawsuit.

    The hospital’s owners (aka the citizens of Adams County) now have no clue how much was “won” in the case or how the funds will be spent.

    Is the hospital board planning on spending the funds to buy out the private owners of the Doctor’s Pavilion?

    Are they planning on buying some large piece of equipment?

    Are they giving staff members raises with the money?

    We don’t know.

    We do know the hospital is owned by the public and has a considerable amount of debt outstanding, debt that is backed by a pledge of taxes, if required. Until that is clear, we need transparency in their finances.

    We also know that the board of trustees would have had to have agreed to the confidential clause of the settlement. They could have said, “No, we represent a public hospital and keeping critical financial matters secret would be wrong.”

    Thanks.

    Kevin.

  • http://www.natchezdemocrat.com Kevin Cooper

    Thanks, OSG. That’s my point. It’s a public facility and as soon as the check is cashed, the settlement is public money. The details need to be disclosed.

    Thanks.
    Kevin.

  • Anonymous

    I am not a lawyer, either, Kevin. I do have a post baccalaureate certificate in Paralegal Studies. I have seen this happen before in Natchez, under the very same US District Judge, when State Farm sued Attorney General Jim Hood. My take on that was that the judge MADE them settle and it was entered as a confidential settlement and to this day, in spite of all the ranting and roaring and even filing petitions with the court to get the settlement unsealed, it remains confidential. And that was with the State of Mississippi which is open to public records laws (unlike the hospital). I think you are beating a dead horse. The Board of Trustees will take care of the hospital The Board of Supervisors have entrusted the Board of TRUSTEES to make the best decisions for the hospital without their trying to micro-manage it. If you have a problem with that then I suggest you talk to your supervisor or a lawyer, because I can’t think of anything else to say that I haven’t said already. Good luck.

  • Anonymous

    From the Hospital’s website: http://www.natchezregional.com/PageDisplay.asp?p1=5397

    The legacy of Natchez Regional Medical Center actually began on October 7, 1955 when members of the community appeared before the Board of Supervisors requesting the board adopt a resolution to build a county-owned hospital.

    The resolution was unanimously adopted and a certified copy was sent to the Mississippi Commission on Hospital Care. Mrs. R. B. Forman, Chairman of the Natchez Association of Commerce Public Health Committee met with the Board of Supervisors on March 6, 1956.

    An application for a grant to build a new 150 bed acute general hospital, to contain an administration area, dietary, laundry, morgue and autopsy, laboratory, x-ray, outpatients, surgery and obstetric suite was executed by the Board. The application requested state funds in the amount of $100,000 and federal funds, provided by the Hill-Burton Act, in the amount of $1,468,000.00. The county would contribute $800,000, bringing the total cost of the hospital to approximately $2.4 million. On April 16, 1960, a dedication ceremony was held on the front grounds of the hospital, with an estimated 10,000 citizens touring the gleaming facility….

    Darryl Grennell, President of the Board of Supervisors, is also proud of the hospital’s rich history and commitment to the community. “What some people may not realize is even though the hospital was partially built with county funds and sustained with taxpayer dollars for the first fourteen years, it is now, and has been since 1974, totally self-funded,” said Grennell

  • Anonymous

    Thanks for the history lesson. Since it was sustained with taxpayer dollars for the first fourteen years, how much dividends have been paid back to the taxpayer investors since 1974? This is the best of both worlds to do what you want with the profits and pass the buck along to the taxpayers for losses, or debt burden default if things went way south. Based on the way our other government entities (and apparently the hospital) budget their spending, they spend everything they have during the fiscal year, thus it never rains in California or Mississippi, so we don’t need rainy day funds. I fail to believe that Mrs. Forman and the other supporters of the initial idea for the hospital intended for this outcome to be the model they were promoting. Instead, I feel they were more attuned to a non-profit type entity that did not rely on taxpayer bailouts (if bankruptcy had occurred). By the way, Mrs. Forman’s son-in-law is Dan Bland who has been involved in the board of trustees.
    Now, assuming your answer is none, Butch and the other guys need to take a lesson from this and create a taxpayer funded recreation complex that also will never pay anything back to the taxpayers. The bad news is, the rec complex won’t be self sustaining (no spreadsheet ever has been exhibited reflecting the finances of that brainstorm). Maybe the hospital could invest in recreation since they will receive injury cases from the activities there? There are other opportunities also, such as establishing a garbage company, publicly owned building maintenance, a street paving company, a North Natchez drainage company, and the future Beau Pre golf venture, and most of all, a landscaping business to cut the grass in the medians and pick up some trash along the trails and byways. Remove all those expenses from the city/county budgets and the elected officials will be in heaven! Sorry taxpayers, no tax cuts included in this utopian proposal.

  • Anonymous

    Oh, please. The Hospital is not the County’s cash cow, ok? Just leave it alone and let it do business as a hospital. It reports to the Board of Supervisors every year. Just let it help the sick people inside, ok?

    Go back and look at the originating documents to see if the county was ever supposed to be paid back and get to me, please.

  • Khakirat

    I want to know if the hospital board, attorney, administration, management group, stole from the hospital plain and simple for buzzards are circling the hospital from the stinch smell of corupsion we simple want to know the truth of the matter!! Adams county taxpayers are waiting on the BOS to tell the truth of the matter and what went on in court!! How much money was settled on and where its going for this is our money(taxpayers)!!!

  • Anonymous

    Yes, Khakirat, Quorum is guilty and had to pay up. You can pretty much bet on that. And what the hospital does with that is their business. NRMC has been self-funded since 1974.

    Here’s an early order by the Judge on Quorum’s Motion to Dismiss. This was filed August 20, 2010, but it will give you an idea of what the basis of the lawsuit is about and what the Judge thought of it then. http://bellesouth.files.wordpress.com/2012/12/nrmc-v-quorum-opinion-and-order.pdf

  • Anonymous

    Selh funded? Taxpayer owned. Disclose the details to the OWNERS.

  • Anonymous

    Unlike all other public bodies, hospitals are exempt from public records laws.

  • Anonymous

    Then I would suggest it is high time for the county to SELL the hospital to the board of trustees to be run as a private business. I as a taxpayer want no liability for their financial shortfalls. Maybe they can get a grant for that purchase? it must be well worth more than the debt load and considering the revenues they report. That should eliminate ALL county debt????

  • Anonymous

    Tell me how the county owning this has cost you one dime? Or how could it? Please site me some sources. Otherwise, you are just being ridiculous. Here’s one of mine, the Natchez Democrat reported in Sept. 2012 that the hospital is out of bankruptcy. Period. I looked it up. It is closed. This is a good thing and this settlement should allow the hospital to do somethings that would improve our hospital and our community at large by doing so! I don’t think anyone in this world has come up with any source document that NRMC owes the county money. Why is the hospital responsible for the county’s debt? Get a grip.

  • Anonymous

    You seem to be totally out of tune with the original article and my posts. The point is that the hospital was paid for by taxpayer dollars, not a contribution to set up a freestanding permanent secretive venture as you are espousing, including exposure to future debts and/or finances of that venture. In that regard, the BOS still has to weigh in on issues affecting the hospital, thus it is a public entity, owned by the county, thus the building and other assets of the hospital belong to the taxpaying public. If you want them to operate independently and keep taxpayers in the dark about any and all financial issues, then they need to operate as a private entity.
    To that end, I suggested the county could/should set a price for the hospital to be spun off as a private entity, thus reimbursing the “investment” during the initial 14 years of that operation to create the money machine it is today. Since it has been proven as a profitable entity since 1974, even surviving a bankruptcy scare, this should be a no-brainer for board of trustee members to elect this route, and a no-brainer for the BOS (representing the taxpayers as they are elected to do) to agree to spin it off as a private entity – for a reasonable price — or in the best case scenario, put it up for bids to private corporations in competition with the trustees bid. Medicare and insurance companies are going to reimburse a set amount to the hospital for services rendered, therefore, the argument you are fomenting in your brain presently that there is a direct benefit to the taxpayers who use the hospital doesn’t hold water since they don’t get any cheaper cost of service.
    Since there is NO financial benefit to the taxpayers as it is currently being administered, why should it be a potential threat to future financial exposure and take up valuable time for the BOS to rubber stamp the operation year in and year out? I believe it in the power of the BOS to take this action, no need for any source document. This is a roundabout way to obtain the funds from the settlement to buy the doctors pavilion from the doctor owners who found that real estate is not their forte since it is not a gimme high percentage return, rather than ask the county to fund the purchase outright. Oh, by the way, if it is so profitable, why is there the millions of debt currently on the books, and if they closed their doors today – who is responsible for THAT debt?

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