2018 -- H 8291

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LC005870

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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H O U S E   R E S O L U T I O N

REQUESTING AN INDEPENDENT INVESTIGATION OF FAILURES WITHIN THE STATE

OF RHODE ISLAND'S EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

(EOHHS)

     Introduced By: Representatives Morgan, Roberts, Giarrusso, Quattrocchi, and Lancia

     Date Introduced: June 06, 2018

     Referred To: House Judiciary

     WHEREAS, Recent revelations that a lawyer for the State of Rhode Island's Executive

Office of Health and Human Services (EOHHS) had failed to appeal a ruling by Superior Court

Judge Jeffrey Lanphear which granted a minimum $24 million judgment to Rhode Island nursing

homes has raised questions concerning the quality and promptness of legal representation as it

relates to EOHHS; and

     WHEREAS, The initiative known as the Reinvention of Medicaid and the malfunction of

the Unified Health Infrastructure Project have resulted in a failure to adequately defend the

people of Rhode Island and have the potential of severely impacting our state's budget and

taxpayer resources; and

     WHEREAS, It is in the best interests of our taxpayers to understand the failure in this

case, and to also determine if a pattern of poor legal guidance and representation exists, if

conflicts of interest have impacted our legal representation, and what future jeopardy may exist

for the State of Rhode Island; now, therefore be it

     RESOLVED, That this House of Representatives hereby requests an independent

investigation of:

     (a) The failure of the EOHHS Staff lawyer to file an appeal to the Courts in the nursing

home rate case;

     (1) Why was he allowed to practice without completing CLE credits?

     (2) Did his supervisors know he had lost his license?

     (3) What actions did he take when notified of Judge Lanphear's decision?

     (4) Was anyone else involved in deleting the email or failure to prepare an appeal?

     (5) What other persons received notice of the case?

     (6) What other EOHHS personnel were involved in preparing the State's case and

subsequent appeal?

     (7) What, if any, conflicts of interest exist with EOHHS personnel, the legal staff and

individuals involved in this case?

     (8) Do political contributions by Mr. Hazian have any bearing on his failure to provide

adequate defense on this case?

     (9) How many and what other cases did Mr. Hazian oversee and were there any conflicts

of interest found in any of his previous cases?

     (10) What is the supervisory structure in this case and who provided oversight?

     (11) Did senior staff have notice of the court's ruling?

     (12) Why was only one lawyer in charge and is this the protocol for all outside cases?

     (13) Are Rhode Island taxpayers vulnerable to this type of inaction again?

     (14) Are other lawyers involved in this case and/or did outside lawyers affect Mr.

Hazian's actions or lack of action?

     (15) The 2 percent rate cut was part of a cost containment program and was maintained as

part of the Governor's Reinvention of Medicaid program. What additional actions were

undertaken as part of that program and have others been stopped by the Court or involved legal

action?

     (b) Has EOHHS provided adequate oversight to those initiatives?

     (c) What has been the results/savings of those individual actions?

     (d) Has EOHHS legal staff fully represented the State's taxpayers in these cases?

     (1) Have deadlines been missed?

     (2) Have requirements requested by the Courts been ignored?

     (e) What financial effects have resulted from the 2 percent cut on local nursing?

     (1) Was it involved in the closure of any nursing homes?

     (2) Has it resulted in staff reductions in the nursing homes or their suppliers?

     (3) Has it impaired the ability of nursing homes to staff, pay and retain staff?

     (f) How has the failure of the Unified Health Infrastructure Project (UHIP) affected

nursing homes in regards to:

     (1) Financial stability of all nursing homes?

     (2) Ability of medically fragile seniors to access care in nursing homes?

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     (3) Backlog of determining eligibility of Medicaid eligible patients/residents?

     (g) How many Medicaid eligible patients have died without eligibility determination and

how does this affect the nursing homes and the State's taxpayers?

     (h) How much money is in jeopardy of future clawback/fines due to lack of eligibility

determination and computation of accurate cost-sharing payments?

     (i) How many warnings of potential fines have the Administration received in connection

with the UHIP crisis?

     (1) What actions, or inaction has been taken in response to these warnings?

     (2) Has Mr. Hazian been involved in legal defense of these warnings/actions?

     (3) What supervisory mechanisms were/are in place to ensure a timely response?

     (4) What office/personnel are responsible for oversight of our appeals to federal agencies

in relation to UHIP failures?

     (5) What is the status of these appeals?

     (6) Has outside counsel been engaged? Why? At what cost to taxpayers?

     (j) What is the total financial jeopardy to the State's taxpayers in connection with the

failed launch of UHIP?

     (1) What fines have been threatened?

     (2) How much has been spent to defend against those warnings?

     (3) Quantify cost of future payments for clawbacks?

     (4) Who will be responsible: nursing homes - patients - State of Rhode Island?

     (k). What actions have been taken by the legal defense team to protect against future

actions in connection with failed/delayed eligibility determinations of medically fragile seniors?

     (l) In addition to nursing homes, what other legal jeopardy has the botched launch of

UHIP created for Rhode Island's taxpayers?

     (1) What actions have the legal staff taken to prepare/defend against future fines or court

actions?

     (2) What relationship did Mr. Hazian have to UHIP fines, court actions and complaints?

     (3) What is the supervisory structure within EOHHS to deal with UHIP related litigation?

     (m) Originally some patients were removed without warning from state Medicaid

benefits that resulted in them missing medically necessary treatments and or medication. Did any

of these removals result in legal action and if so, what has been the results of those cases?

     (1) Which lawyers did EOHHS appoint to represent the state?

     (2) Were these cases won or lost?

     (3) What has been the total cost to taxpayers for any of these possible legal actions?; and

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be it further

     RESOLVED, That this House hereby requests the Secretary of the EOHHS to provide the

answers to the above questions on or before July, 1, 2018; and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit duly certified copies of this resolution to the Honorable Gina Raimondo, Governor of the

State of Rhode Island, and the Secretary of the Executive Office of Health and Human Services.

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LC005870

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