Tuesday, December 05, 2006

An interesting "Letter to the Editor"

Speaking of running for Alderman, and the hospital debate, let's look at a letter to the editor submitted recently by Ward 2 alderman Eliot Mitchell.

I am not sure that I could have said it much better myself. We will hit on a few of the other inaccuracies being spoken by Williamson Medical later in the day. For now, enjoy!
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Letter to the Editor,

Just how stupid does Laura Bustetter and her managers at Williamson Medical Center think the tax payers of Williamson County are? While it is her job to be the "talking head" for the executives of WMC, I wonder if it is her job description or the WMC executives that force her to make inaccurate and half true statements.

In Ms. Bustetter's letter of 12/3, she stated that "tax payer dollars" are not in use in Williamson Medical Center's lawsuit fighting the proposed Spring Hill Hospital. The last time I checked, WMC is a tax payer owned facility. Consequently, EVERY PENNY WMC spends is a tax payer's penny. If we applied her logic of service based revenue to other county agencies, the sheriff's office doesn't use tax dollars because they generate revenue with traffic fines and drug busts. The School system generates revenue by charging for lunches, athletic events and facility rental. I am sorry Ms. Bustetter, but as a Williamson County tax payer, I strongly disagree with your logic. Just because WMC generates non-tax revenue, does not mean WMC's use of funds is not subject to public and political scrutiny. Exactly who does WMC run to when it needs funds for capital projects or budget overruns? It definitely isn't Santa Claus, unless that is what you call the Williamson County Taxpayers.

If WMC has so much revenue and profits that they can throw it down the black hole of lobbyists and attorney fees, then why did I receive a fund raising letter from its CEO Dennis Miller last week? According to Mr. Miller's letter, WMC needs donations to "improve the services" of the Breast Health Center. Considering that WMC has already spent hundreds of thousands of dollars fighting the Spring Hill hospital, and is now risking potentially millions more on a loser pays all lawsuit, I can understand why Mr. Miller has to seek donations to "improve" the operations of the hospital.

It is hypocritical for WMC to now declare the Certificate of Need (CON) process insufficient for "complicated or broadly contested issues". The ten members of the Health Services and Development Agency hear literally hundreds of health care CON requests annually for all of Tennessee. To imply that these health care specialists are less informed than the executives of WMC and Maury Regional Medical Center just underscores the arrogance that these executives have. Every time Williamson Medical's CON requests are granted by this same board, they sing the praises, vision and wisdom of the CON process. Yet like spoiled children or arrogant executives, they refuse to accept the 7-1 vote approving the Spring Hill Hospital.

Furthermore, if WMC wins its costly appeal (which has NEVER happened in the history of the CON process) all they win is a second review by the same Health Services and Development Agency board that voted 7-1 in the original CON hearing. If they lose, they are responsible for all the costs that HCA incurred preparing for the appeal. In short, WMC is risking substantial tax payer dollars just to get a second hearing by the same board that voted 7-1 against them in the first place. Maybe I am just an ignorant tax payer, but I sure don't see how this loser pays all lawsuit is a prudent use of public funds.

Ms. Bustetter states that WMC and MRMC are asking the "tough questions that should be answered". Here are a few questions that Mr. Miller and his leadership team should answer. When are WMC and MRMC going to publicly disclose how much they have spent and project to spend fighting the Spring Hill Hospital? Why should WMC's use of public funds NOT be questioned by the tax payers of Williamson County? Why are Mr. Miller and the other Williamson County leaders risking thousands and potentially millions of tax payer dollars fighting an economic development project that over 10,000 citizens signed a petition supporting?

If Mr. Miller and Ms.Bustetter truly think that the propriety of a loser pay all lawsuit that they initiated and are funding with public money should not be challenged publicly and politically, then they don't have any business managing public resources.



Sincerely,


Eliot Mitchell
Organizer and member of Citizens for Spring Hill Hospital

15 comments:

Anonymous said...

Standing and applauding!!!

Anonymous said...

Notice to WMC and MRH:

You better watch out, the Gorilla can handle both of you from a PR standpoint with one hand behind his back. This could get ugly very quickly!

Anonymous said...

Why are we even talking about this? The appeal is underway, it would be completely inappropriate to stop now. Like it or not, it is happening. It certainly would not be the first time the counties have wasted money and it will not be the last.

Anonymous said...

Eliot Mitchell states; "The last time I checked, WMC is a taxpayer owned facility. Consequently, EVERY PENNY WMC(sic) spends is a taxpayer's penny."

Just one problem with Mitchell's comments- WMC is not a taxpayer owned or funded hospital. It is a 501(3)c.

Silverback said...

Anonymous @ 7:52 AM said:

"WMC is not a taxpayer owned or funded hospital. It is a 501(3)c"

From the IRS website Exemption Requirements:

"To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates."

Like this allegation from Franklin Alderman Phillips' Site?

"I chose to abstain from the vote since I felt it could be a conflict of interest. I was told by employees of the hospital that a staff meeting was held shortly after the vote and Dennis Miller spoke to a group of approximatley 50 employees and informed them that I was a patient there undergoing chemotherapy. He went on to say that they (WMC) had done so much for me and that I was so ungrateful as to abstain from the vote regarding the Spring Hill Hospital. According to those in attendance, Miller said that he had been so good to me and that they should not support me in any re-election bids."

Nice try Anonymous, but this comes from the Williamson County 2005 Annual Financial Statement:

"Williamson County Hospital District operates under the name of Williamson Medical Center and is a general, short-term, acute care hospital organized as a political subdivision of Williamson County Government. The medical center constitutes a component unit of the county, which is considered the primary government unit... ...The county is financially accountable as it appoints a voting majority of the director's Board of Trustees and the full faith and credit of the county is pledged for payment of principal and interest on the outstanding hospital revenue and tax bonds."

If you really think that WMC is completely independent of the county tax dollar, you may be just as stupid as WMC thinks we all are.

Anonymous said...

Standing and applauding for Anon 7:52!!!

The hospital is a 501(3)c. It is defined as a separate entity from the county. The county serves only as a guarantor for the hospital debt. If the hospital went belly up then the county is on the hook. The taxpayers do not own the hospital; the 501(3) c owns it. The taxpayers would be on the hook only if the hospital defaults on its obligations. The Board of Trustees controls the hospital. They have separate auditors that report their numbers to the county. You can look at those audited numbers within the county's audited financial statements. So Eliot there is a way to look at the numbers, just do some research, before you write long-winded mis-informed letters. So if the hospital wants to spend their money to challenge something they can.

As for your comment about the letter you received, it was from the Foundation. No one forces you to be benevolent, but realize that the foundation does not pay for the attorney fees that you reference as the black hole.

I feel sorry for the ward 2 folks. I hope someone decides to run against Eliot, not because he wants the hospital (I think it will be great for the area), but because of his lack of knowledge, then displaying that lack of knowledge. Which carries over from this issue to other issues too.

Anonymous said...

Silverback read page page 74 section E. It states who is liable and in what circumstances.

Chapter 107 Private Acts of 1957 gives complete authority to the hospital district. The county is responsible for appointing the vast majority of the Board of Trustees.

A CON is not legislation, it is acertificate of approval granted by the authorized state agency to a health care provider.

Silverback said...

Anonymous @ 10:49:

You are splitting hairs.

The County owns the land, owns the facility and owns the equipment. Operation of the Hospital District is the responsibility of the WMC Board of Trustees, of whom a voting majority are appointed by the County Commission who is ultimately responsible to the county citizens who elect them.

Tell me again how I do not own or have a vested interest in the hospital?

Anonymous said...

Hey Anonymous @ 10:18 and 10:49,

Silverback makes a good point and I'll add another. If the Williamson County Commission votes to sell the hospital, what you going to do about the 501 C 3? It would still technically exist, just not in the current facility, eh?

Ward 2 resident and Eliot Mitchel supporter

Anonymous said...

Splitting hairs would be trying to convince one of ownership when the law states that ownership does not exist as pointed out earlier.

I assume you will say I am splitting hairs when I tell you a vested interest is different than ownership, but it is. Taxpayers do not own the hospital. Taxpayers elect people who elect people to serve on the board. As a seperate entity the hospital governs itself and is not subjected to the votes and ideas of the county as a whole.

Anon 12:19- the certificate of incorporation should provide that, upon dissolution, the assets would be distributed for one or more exempt purposes, or to the federal government. Another way to fulfill that requirement is to be able to show that upon dissolution the assets would be distributed by a court to another organization to be used in a manner as in the judgment of the court will best accomplish the general purposes for which the dissolved organization was organized.

Anonymous said...

Apparantly, with the current leadership of WMC, dissolution is on the horizon. I hope a plan is being drawn up to help accomplish the distribution of assests to best accomplish the general purposes for which the dissolved organization (WMC) was organized.

Anonymous said...

allboutcommunity

You are misinformed on 501c3's. Federal restrictions allow 501(c)3’s to participate in lobbing and campaigning for legislation that would directly impact their organization. However these groups are not allowed to support individual candidates. 501(c)3’s are allowed to spend money on lobbying and grassroots campaigns as long as the amount of money spent does not exceed 20% of the organization’s yearly operating budget.

A 501c3 is not a corporation. It is a not-for-profit organization. They are independent and vote on matters such as appealing the CON decision. THE COUNTY DOES NOT HAVE A CHOICE. I would not call the hospital a free trade restrictor. They are appealing that the need does not exist for another hospital. State agencies decide if a monopoly exists or will continue to exist, not the people or the hospitals.

Anonymous said...

you bet a board of trustess made up of a majority of county commissioners has a choice whether the appeal continues or not

Anonymous said...

Of the 11 members on the board of trustees, 4 are county commissioners: Chalfant, Little, Lynch, & Mills.

Anonymous said...

http://www.williamsonmedicalcenter.org/trustees.asp

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