FOIA DOCS
Ms. C.... made protected disclosures because she reasonably believed there were violations in law, rule, or regulation. She was retaliated against, falsely smeared, and unjustly dismissed for making protected whistleblower disclosures against a surgeon in 2014. Ms. C reported the following violations by the physician/surgeon: 1) medication mishandling; 2) stashing and re-using excess injectable meds into subsequent veterans for whom the drugs were not withdrawn; 3) failing to chart the drug name, strength, or dose he injected in the medical record in several charts; 4) committing intentional unsafe acts in the OR; 5) failing to encrypt sensitive patient data for about 5 months without the veterans ever being apprised by the agency that their data was compromised; 6) no disciplinary measures or adverse personnel actions were taken against the surgeon for chronic violations reported to the Privacy/ISO officers; and 7); the local Inspector General (IG) failed to investigate the medication abuse allegations or perform an audit; thereby placing veteran care and safety at-risk. By failing to chart the name of the drug, strength or dose, the physician was thereby circumventing potential reconciliation attempts between the drug dispensing unit and the electronic medical record. Segments of actual FOIA docs will be posted in this blog through various threads over time. Names and places are redacted. For reader clarification, there are some titles noted in parentheses.
Ms. C.... made protected disclosures because she reasonably believed there were violations in law, rule, or regulation. She was retaliated against, falsely smeared, and unjustly dismissed for making protected whistleblower disclosures against a surgeon in 2014. Ms. C reported the following violations by the physician/surgeon: 1) medication mishandling; 2) stashing and re-using excess injectable meds into subsequent veterans for whom the drugs were not withdrawn; 3) failing to chart the drug name, strength, or dose he injected in the medical record in several charts; 4) committing intentional unsafe acts in the OR; 5) failing to encrypt sensitive patient data for about 5 months without the veterans ever being apprised by the agency that their data was compromised; 6) no disciplinary measures or adverse personnel actions were taken against the surgeon for chronic violations reported to the Privacy/ISO officers; and 7); the local Inspector General (IG) failed to investigate the medication abuse allegations or perform an audit; thereby placing veteran care and safety at-risk. By failing to chart the name of the drug, strength or dose, the physician was thereby circumventing potential reconciliation attempts between the drug dispensing unit and the electronic medical record. Segments of actual FOIA docs will be posted in this blog through various threads over time. Names and places are redacted. For reader clarification, there are some titles noted in parentheses.
Recap: Ms C... called in sick per protocol. Concerns are raised she reported disclosures to the facility's director.
ReplyDelete=======
-----Original Message-----
From: R….., ……
To: B……, …..
Sent: Tuesday December 09, 2014
Subject: RE: cat
Good deal, if she is refusing supervisory instructions and not taking care of our patients while on duty, I think that should be enough to request a summary review board.
M……,……..
Employee and Labor Relations, HRMS
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-----Original Message-----
From: B….., ……
To: R……, …..
Sent: Tuesday December 09, 2014
Subject: RE: cat
Yes – I did that is who confirmed she was not in ortho at all today and did not show for the am meeting. I will write to Z…. and make sure she didn’t call in sick.
Catch you tomorrow.
P……, ……… (Service Chief)
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-----Original Message-----
From: R….., ……
To: B……, …..
Sent: Tuesday December 09, 2014
Subject: RE: cat
Have you contacted J….., to see if she has reported to work?
M……,…….. Employee and Labor Relations, HRMS
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-----Original Message-----
From: B….., ……
To: R……, …..
Sent: Tuesday December 09, 2014
Subject: RE: cat
Hi m….,
I have sent the email to Ms. C…. yesterday afternoon. She was out sick yesterday. I have not received an email saying that she read the email. She did not show up for the surgery providers meeting this am and she has not shown up in the ortho clinic.
Thanks.
b……… (Service Chief)
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-----Original Message-----
From: R….., ……
To: B……, …..
Sent: Wednesday December 03, 2014
Subject: RE: C….. and Ms. K….., Director
Importance: High
Good morning Dr. B….
Just left you a voicemail, call me when you can.
M……,…….. Employee and Labor Relations, HRMS
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-----Original Message-----
From: B….., ……
To: R……, …..
Sent: Wednesday December 03, 2014
Subject: FWD: C….. and Ms. K….., (Director)
Importance: High
Hi m…..
Dr. H…. (Chief of Surgery) called me this am, he wants all the paperwork I have provided to Ms. C…. since my fact finding. I had a lengthy discussion with him that you and I have worked closely on this matter and I would ask for your guidance regarding the paperwork.
As you can see, Ms. C…. has escalated her complaint and wrote to Ms. K……
I approved her to go to the ORM office but would like some guidance on sending or not sending documentation to Dr. H…..
Call my cell at ………. I will be here at ……until 9ish. I - …….
Thanks. (Service Chief)
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DeleteRecap: Different specialty employees verify C’s…. (Whistleblower) report on J’s….. (physician/surgeon) distinct drug charting omissions in the electronic patient record. In so doing, the physician/surgeon could circumvent medication reconciliation between the drug dispensing unit and the patient record, thereby placing veterans at-risk.
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-----Original Message-----
From: H….., …… (Compliance and Data Integrity Specialist)
To: J……, ….. (Physician/surgeon)
Cc: S……, ……. (Health Informatics Specialist)
Sent: Thursday October 30, 2014
Subject: RE: Documentation and Coding
Excerpt….
- For instance, I heard you mention that many of your patients have multiple co-morbidities. This obviously affects your medical decision making. Please be sure to document these co-morbid conditions, and if you’re able, how it affects your decision making. This information can increase your visit level and provide a more accurate picture of what’s going on with your patient. More history and clearer Review of Systems information is always helpful too.
- When giving patients injections, I see where you’ve documented the site of the injection, but occasionally I’m unable to determine what medication it was, how much of it was, and what strength it was. This information is necessary not only for correct code assignment, but for a complete medical record as well…..
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-----Original Message-----
From: M….., …… (Nurse Liaison, Quality Systems)
To: C……, …..
Cc: K……, ……. (Patient Safety Officer/Section Chief, Quality Systems)
Sent: Friday, November 21, 2014
Subject: RE: Update
Excerpt….
Sorry I wasn’t able to get back to you yesterday. I finally was able to speak to my Patient Safety Supervisor yesterday and she is now aware of the knee injection without the proper documentation. She is checking into it and she is going to notify B…. (Service Chief) and H…. (Chief of Surgery).
If you can provide the dates of the other medications in question that were placed in his (J…..,. physician/surgeon) pocket, then Dr. D…. (Pharmacist) can run an audit for those days.
I’ve been advised by Dr. D…. that now all medications are supposed to be single patient dose located in the Pyxis…..
M……. (Nurse Liaison, Quality Systems)
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So the employee is sick, the HR associate thinks it's a "good deal" she's not around, and then suggests punitive action against the employee to her boss by way of sending the employee before a medical board. Nice! How are these supervisors still in power when everything she reports in good faith gets swept under the carpet?
DeleteSounds like the other authorities in-place who do care about patient care don't carry any weight to enforce the policies and protect the person making disclosures.
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ReplyDelete-----Original Message-----
From: T….., ….. (Union Steward)
Sent: Tuesday, April 21, 2015
To: C……
Subject: RE: C........ Reprisal
Good day,
On November 23, 2015 (approximated date/time), I contacted the VA EEO representative, Mr. D…. in reference to Ms. C…. receiving counseling just after we had met with him to file an EEO complaint. In that meeting…, Ms. C….. agreed to participate in the ADR process but on the day of the ADR, management decided to cancel their participation in the process.
Mr. D…… (EEO) contacted me the same day and advised me he had spoken to Ms. K…… (Director) and expressed his and my concerns as the union representative, our concerns of the conduct of one of her service chief and if management continued on this course it would be a violation of the protection his office affords employees under the color of law, meaning it is a prohibited practice for management to take action against an employee for engaging in EEO process.
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-----Original Message-----
From: T….., …… (Union Steward)
To: C……; B..….. (Service Chief); M….(Union); D….. (EEO); H…. (Union); P…… (Union); B…… (Union); T….. (Union)
Sent: Wednesday December 03, 2014
Subject: RE: B…… update
Importance: High
To all Parties,
I have read the documents and they mirror each other. I do see the job expectations and a mention of training, but I did not see the EEO matters which brought this whole thing to the table being addressed. Fact findings are an investigation into allegations be brought forward by employee (s) in which management utilizes this model to gather information. It is a question and answer (structured interview) of those involved and to seek out those who may have pertinent information in which management can base an unbiased analytical and intelligent course of action on how to proceed to resolve the situation at the lowest level and to make adjustments to better the patient care model and process. I did not see this then nor do I see this now.
I think it is going to have to go through the formal ORM EEO process, which has already begun, in order to resolve and mitigate the situation. Management has the ability to ask for assistance and guidance from the BP EEO and legal office which is at their disposal at any given time.
Until then, I will monitor the situation to advise the employee the best I can as the AFGE Union Steward.
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Wow, they were gunning for you for following professional standards and the reporting rules? No wonder veterans are deteriorating and their lives are debilitated trying to deal with the VA!
DeleteWish I had this person to go to bat for me!
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