The similar units applied to take selfies and type out tweets are being repurposed and commercialized for speedy access to information essential for checking a patient’s health. A fingertip pressed versus a phone’s digicam lens can measure a heart rate. The microphone, kept by the bedside, can display screen for rest apnea. Even the speaker is getting tapped, to check respiration utilizing sonar technologies.
In the ideal of this new globe, the facts is conveyed remotely to a health care qualified for the benefit and ease and comfort of the individual or, in some scenarios, to help a clinician with out the need to have for highly-priced components.
But employing smartphones as diagnostic equipment is a work in development, experts say. Though medical professionals and their individuals have observed some serious-planet success in deploying the telephone as a professional medical gadget, the total likely continues to be unfulfilled and uncertain.
Companies and researchers keen to obtain health care applications for smartphone know-how are tapping into modern-day phones’ designed-in cameras and light sensors microphones accelerometers, which detect overall body movements gyroscopes and even speakers. The apps then use artificial intelligence software package to assess the gathered sights and seems to generate an effortless relationship amongst sufferers and medical professionals. Earning potential and marketability are evidenced by the more than 350,000 digital health solutions accessible in app retailers, according to a Grand See Analysis report.
“It’s really tricky to set products into the affected individual house or in the medical center, but every person is just walking about with a cellphone that has a network link,” stated Dr. Andrew Gostine, CEO of the sensor community firm Artisight. Most People in america personal a smartphone, which include a lot more than 60{fe463f59fb70c5c01486843be1d66c13e664ed3ae921464fa884afebcc0ffe6c} of men and women 65 and about, an enhance from just 13{fe463f59fb70c5c01486843be1d66c13e664ed3ae921464fa884afebcc0ffe6c} a ten years ago, according the Pew Exploration Heart. The covid-19 pandemic has also pushed individuals to become extra cozy with digital care.
Some of these products have sought Food and drug administration clearance to be promoted as a clinical product. That way, if clients should pay to use the computer software, overall health insurers are much more possible to protect at least section of the price tag. Other merchandise are specified as exempt from this regulatory method, positioned in the similar medical classification as a Band-Support. But how the agency handles AI and machine studying-centered medical equipment is even now staying altered to replicate software’s adaptive mother nature.
Making sure precision and scientific validation is vital to securing purchase-in from health and fitness treatment providers. And numerous resources nonetheless will need fantastic-tuning, claimed Dr. Eugene Yang, a professor of drugs at the University of Washington. At present, Yang is tests contactless measurement of blood force, heart charge, and oxygen saturation gleaned remotely by way of Zoom digicam footage of a patient’s confront.
Judging these new technologies is hard because they count on algorithms designed by device finding out and artificial intelligence to accumulate details, alternatively than the actual physical tools ordinarily used in hospitals. So scientists simply cannot “compare apples to apples” with medical sector benchmarks, Yang mentioned. Failure to establish in such assurances undermines the technology’s ultimate goals of easing expenditures and access due to the fact a health practitioner however ought to verify effects.
“False positives and bogus negatives direct to far more screening and additional cost to the wellness care system,” he claimed.
Big tech businesses like Google have seriously invested in investigating this sort of engineering, catering to clinicians and in-house caregivers, as nicely as people. At the moment, in the Google In good shape application, buyers can examine their heart level by positioning their finger on the rear-experiencing camera lens or monitor their respiration level working with the front-facing digicam.
(Hannah Norman/KHN Eric Harkleroad/KHN Google Match application Adobe Stock)
(Hannah Norman/KHN Google Match app Adobe Stock)
“If you took the sensor out of the mobile phone and out of a medical device, they are possibly the exact factor,” stated Shwetak Patel, director of health and fitness systems at Google and a professor of electrical and computer system engineering at the College of Washington.
Google’s investigate takes advantage of machine understanding and laptop or computer vision, a area in AI centered on details from visual inputs like films or visuals. So rather of employing a blood force cuff, for case in point, the algorithm can interpret slight visual adjustments to the system that provide as proxies and biosignals for a patient’s blood force, Patel reported.
Google is also investigating the efficiency of the created-in microphone for detecting heartbeats and murmurs and applying the camera to maintain eyesight by screening for diabetic eye ailment, in accordance to data the organization printed final yr.
Binah.ai, based mostly in Israel, is yet another business using the smartphone digital camera to calculate crucial symptoms. Its software seems to be at the region all over the eyes, exactly where the pores and skin is a little bit thinner, and analyzes the gentle reflecting off blood vessels again to the lens. The firm is wrapping up a U.S. scientific trial and promoting its wellness application instantly to insurers and other well being providers, explained enterprise spokesperson Mona Popilian-Yona.
The applications even get to into disciplines this sort of as optometry and psychological overall health:
With the microphone, Canary Speech works by using the very same underlying technological innovation as Amazon’s Alexa to examine patients’ voices for psychological health and fitness disorders. The program can combine with telemedicine appointments and permit clinicians to display screen for anxiousness and despair using a library of vocal biomarkers and predictive analytics, reported Henry O’Connell, the company’s CEO.
Australia-centered ResApp Health and fitness received Food and drug administration clearance very last year for its Iphone application that screens for average to critical obstructive sleep apnea by listening to respiration and snoring. SleepCheckRx, which will need a prescription, is minimally invasive when compared with sleep reports at the moment applied to diagnose slumber apnea. These can charge countless numbers of bucks and require an array of tests.
Brightlamp’s Reflex app is a medical determination assistance resource for assisting take care of concussions and eyesight rehabilitation, between other factors. Employing an iPad’s or iPhone’s digicam, the mobile app measures how a person’s pupils react to variations in gentle. Via device discovering investigation, the imagery presents practitioners data points for assessing clients. Brightlamp sells specifically to health care companies and is currently being utilized in more than 230 clinics. Clinicians pay out a $400 normal yearly rate for each account, which is currently not protected by insurance plan. The Division of Defense has an ongoing clinical trial applying Reflex.
In some instances, these as with the Reflex application, the facts is processed instantly on the phone — instead than in the cloud, Brightlamp CEO Kurtis Sluss mentioned. By processing everything on the machine, the app avoids working into privateness troubles, as streaming information in other places needs individual consent.
But algorithms want to be educated and analyzed by gathering reams of info, and that is an ongoing method.
Researchers, for instance, have observed that some computer system vision purposes, like coronary heart charge or blood stress monitoring, can be significantly less correct for darker pores and skin. Scientific tests are underway to discover better options.
Compact algorithm glitches can also develop untrue alarms and frighten patients enough to maintain common adoption out of achieve. For case in point, Apple’s new car or truck-crash detection attribute, obtainable on both the most current Iphone and Apple Check out, was established off when men and women were riding roller coasters and mechanically dialed 911.
“We’re not there nevertheless,” Yang stated. “That’s the bottom line.”
RALEIGH, N.C. (WGHP) – The legislation that would make hemp and CBD authorized in North Carolina is headed for the desk of Gov. Roy Cooper.
Senate Invoice 455 was handed by the condition Property on Wednesday following unanimous approval in the Senate.
The invoice would allow for farmers to go on to expand hemp as a basis for the fiber discovered in rope and clothes and other goods but also for the CBD merchandise, such as oils, vapes and other consumables. The difference is that these goods are very small in intoxicants, these types of as THC, and provide much more to soothe folks than to make them large.
It is also a precursor to a go by the Senate to approve professional medical cannabis. That measure cleared its final committee on Wednesday and could get a comprehensive vote in the Senate as shortly as currently. Really should that take place, potential customers for its getting reviewed by the House in this session are trim.
The Property also was not totally behind the hemp bill that handed by a vote of 86-25. Among the these 25 Republicans voting nay have been Household Speaker Professional Tempore Rep. Sarah Stevens, who represents Surry, Wilkes and Alleghany counties, Rep. John Faircloth of Guilford County, Pat Hurley of Randolph County and Ben Moss of Montgomery County.
WGHP achieved out via e-mail to every of those reps to talk to what prompted their votes, but most did not reply quickly.
Faircloth responded with a cellphone get in touch with to say that he supports clinical cannabis but he imagined the hemp invoice was far too advanced and “tried to do as well a lot of points. This is these types of a complex invoice,” he stated. “I was not satisfied with the way it defined marijuana and hemp and that it guarded individuals.”
Some others may perhaps have been involved that the decriminalization of hemp was a worry between regulation enforcement brokers – Faircloth, for a single, was a lifelong law enforcement officer and explained that was a little bit of a component – but that was unclear.
N.C. Rep. Jon Hardister (R-Guilford County) (Courtesy of Jon Hardister)
Point out Rep. Jon Hardister (R-Whitsett) explained on the Household floor that the sheriff’s association and state agriculture section experienced no objection to the invoice.
“I’ve not read from any other regulation enforcement businesses,” WRAL quoted Hardister as saying even though speaking about the monthly bill.
“We will be next it and consulting with the affiliation management if it continues moving by the legislative procedure,” Caldwell reported.
A WGHP/The Hill/Emerson University Poll discovered that a vast majority of North Carolinians help some variety of legalized marijuana. That poll, performed in April among registered voters, discovered that 68{fe463f59fb70c5c01486843be1d66c13e664ed3ae921464fa884afebcc0ffe6c} of respondents aid the legalization of health care cannabis, and 19{fe463f59fb70c5c01486843be1d66c13e664ed3ae921464fa884afebcc0ffe6c} mentioned it ought to not be lawful. North Carolina is one particular of only 6 states that never allow clinical marijuana.
Due to the fact Hemp farming turned lawful less than federal regulation in 2014, there are about 1,500 hemp growers and much more than 1,200 processors in North Carolina registered beneath the USDA Domestic Hemp Output Rule. But North Carolina has seemed at this as a pilot software, which was scheduled to stop in June. Given that January all individuals producers had to be registered under that USDA rule.
The 2022 Farm Act redefines the difference involving hemp and cannabis. Hemp is described as becoming cannabis that has .3{fe463f59fb70c5c01486843be1d66c13e664ed3ae921464fa884afebcc0ffe6c} fewer Delta-9, which is the chemical that would make a cannabis user higher. Hemp would be eradicated completely from the state’s list of controlled substances. There are 31 other states in which hemp is decriminalized, as North Carolina does for now.
In the minds of many, Botox once was relegated to the beauty routines of the Hollywood elite.
Then came the so-called “Zoom boom” of the pandemic where people spent hours staring into a computer screen that seemed to magnify every facial imperfection, real or perceived.
Now you can get Botox at your dentist’s office in North Carolina.
Slow down a bit if you were about to rush out to your oral health care provider to have them smooth out those creases and wrinkles that have been glaring back from the computer screens.
“Currently, cosmetic procedures and cosmetic drug or chemical enhancements of the face for purely aesthetic purposes are being marketed to dentists as a means to enhance the type of services offered by a dental practice,” according to the dental board’s “interpretive statement”.
The statement goes on to say that it’s the board’s position that the use of Botox and other drugs for “cosmetic facial procedures” should be considered to be outside the approved practice of dentistry, “…, as it does not involve the treatment of the teeth, gums, alveolar process, jaws, maxilla, mandible, or adjacent tissues or structures of the oral cavity, and is not being used as an anesthetic.”
There are some reasons, the board acknowledged, for dentists to inject Botox.
The drug might be used to relax a stiff and painful temporomandibular joint. Oral surgeons use it to help with reconstructive surgery, such as to realign a jaw or repair a cleft palate.
“[A] properly trained general dentist could be allowed to use Botox® (botulinum toxin) to treat a dental condition where there is sufficient credible scientific evidence that such use meets the standard of care for the treatment of the diagnosed dental condition. ..,” according to the statement.
Bobby White, chief executive officer of the state dental board, elaborated recently on why such a statement was posted in February. There was no complaint behind the guidance, according to White, but dentists had been asking the board to address the issue.
“What we’re saying is if we get a complaint, this is how we’ll deal with it,” White said.
Hodgepodge of advice
Dentists in other parts of the country and world have been administering Botox for purely aesthetic reasons for years.
After two lawsuits were filed in South Korea testing the breadth of practice for dentists, the country’s supreme court ruled that dentists who had been using the injectables and lasers for cosmetic procedures were not providing a purely medical practice, according to commentary from dentist Young-Jun Choi published in February in the Journal of the American Dental Association.
In this country, though, different states have individual laws defining what’s considered dentistry inside their borders, leading to a hodgepodge of guidance for dental practices in each state.
That can engender territorial questions between specialists such as one that played out in South Carolina several years ago.
That prompted a letter dated Sept. 10, 2018, from Jeffrey E. Janis, then-president of the American Society of Plastic Surgeons, and M. Lance Tavana, then-president of the South Carolina Society of Plastic Surgeons, to Dennis A. Martin, then-president of the S.C. dental board.
“There are serious patient risks involved with allowing these injections into the dental scope of practice given the fact that dentists lack clinical training to perform surgery outside of the oral cavity,” Janis and Tavana stated in the letter.
“For example, a surgical error of just a few millimeters can result in a punctured eyeball with resulting catastrophic vision loss. Such errors could also result in a perforated blood vessel, which connects to the back of the eye and can cause immediate and permanent vision loss. Another severe risk is misdiagnosing a cancerous lesion as benign, and then improperly injecting it, which can result in the spread of cancer.”
The proposed rule was withdrawn from the South Carolina dental board’s agenda in December 2018, and the American Society of Plastic Surgeons declared “Victory in South Carolina Dental Scope Expansion.”
Changing guidance
North Carolina had talked about the issue several years before South Carolina’s dentists and plastic surgeons clashed.
White said North Carolina’s dental board sought guidance from the attorney general’s office in 2015 and the opinion at the time was that injecting Botox went beyond the practice of dentistry. The guidance changed this year, White said, after the dental board included science reports developed in the meantime on the use of botulinum toxin by oral surgeons and dentists.
In North Carolina, someone is deemed to be practicing dentistry if they issue diagnoses, treat, operate or “prescribes for any disease, disorder, pain, deformity, injury, deficiency, defect, or other physical condition of the human teeth, gums, alveolar process, jaws, maxilla, mandible, or adjacent tissues or structures of the oral cavity,” according to state statute.
Though some states argue that the scope of dentistry includes the neck and up, White pointed out that North Carolina’s law specifies “adjacent tissues or structures” to the oral cavity. That, he contends, means smoothing out creases in the eye and brow area are off limits.
“Doing crow’s feet, that would be a kind of plastic surgery,” White said. “The board’s position is that would be outside the scope of dentistry.”
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The Psychological Wellness Venture is a Seattle Instances initiative targeted on masking mental and behavioral wellness problems. It is funded by Ballmer Team, a countrywide business targeted on economic mobility for small children and households. The Seattle Instances maintains editorial regulate in excess of do the job produced by this workforce.
Returning to an office location and all that arrives with it — bumper-to-bumper commute visitors, irritating coworkers, still left-powering loved ones members at residence — is understandably demanding for many whose pandemic-period routines are switching this spring.
Some may be anxious about safety and coronavirus limitations as workplaces reopen. Other individuals might be dreading adjust, just after acquiring programs at dwelling that served create a additional well balanced lifestyle.
Quite a few employment have required in-human being do the job in the course of the COVID-19 pandemic. For other folks who have been operating remotely, returning to an office environment natural environment can provide a selection of thoughts.
“There’s some anger because people today have proven about the final pair yrs that remote doing work is some thing that works,” stated Andrew Rogers, a licensed mental wellness counselor based in Seattle and Tacoma. “They can be responsible and get their do the job completed even though still operating from home, which offers them the option to do points in their daily life that they didn’t have adequate time for normally.”
On the other hand, some may be thrilled about viewing coworkers in person, possibly for the to start with time. Or energized to have a tranquil working house away from a household full of folks.
The fact that numerous folks may well have anxiety or uncertainty about likely back again to an business shows how much we settled into a entire world that we never ever could have imagined in advance of, said Julia Bonnheim, a accredited mental wellbeing counselor in Seattle.
“Use the resiliency from the last two decades as drive to retain going, and trust that the upcoming challenge that we facial area we can get by as nicely,” Bonnheim said.
We’d like to listen to from you.
The Psychological Overall health Task staff is listening. We’d like to know what issues you have about mental wellbeing and which tales you’d advise we deal with.
The Seattle Instances spoke with psychological overall health counselors to get guidelines on how people of us enduring stress and anxiety close to returning to an in-man or woman office environment environment can manage tension.
Follow providing on your own grace and compassion as you re-combine into a new plan, Rogers stated. Figure out that important transitions are really hard, and we deserve to be sort to ourselves. In performing so, you can also accept and grieve the reduction of your earlier regime that you could have created in the previous two a long time.
It can just take time to change, Bonnheim claimed. If you begin to feel anxious feelings, question by yourself wherever they could be coming from and why they’re getting you stirred up.
You can say to oneself: “Hey, I’m not confident these nervous feelings are serving me, so I want to investigate what is heading on.”
Do you have a concern of receiving sick? Are you worried of giving an disease to a beloved one particular? Are you anxious about regimen alterations? Is it a little something greater?
“Anxiety is usually hoping to inform ourselves one thing,” Bonnheim said. “The more we can welcome those people sections of ourselves with curiosity and gentleness, the additional that we can soothe ourselves.”
Prolong that compassion to some others, who may perhaps be in a various place emotionally than you, Buscher mentioned: “Other men and women may not be as cozy as you are with socializing or not wearing a mask. Do what will make you experience comfortable, be Alright with what can make other men and women at ease, and don’t choose everything personally.”
Emphasis on what could go appropriate
We often fixate on fears of the unidentified and predict the worst feasible outcome. We inform ourselves we do this to put together if the worst happens. But when we ruminate on these troubles, we unconsciously tell ourselves that a adverse result is the only attainable alternative.
The antidote is concentrating on what we do have — the positive aspects of our condition. Rogers recommends his clients use a gratitude journal to educate their brain to start out looking at positives and target on points that are likely effectively.
“Doing this follow more than and about begins to educate our mind and improve new neural pathways so it results in being a lot more of our default setting over time,” he explained.
Psychological overall health sources from The Seattle Occasions
For case in point, isolation had a huge impact on our life, so we might have overlooked how considerably we enjoy staying about men and women and obtaining a random discussion with a coworker, stated DeHeavalyn Pullium, a accredited marriage and loved ones therapist.
She encourages clientele to savor their wins. “When a thing fantastic transpires, pause and enable your self imagine about how great it felt to do really nicely at that assembly you led or definitely rock that presentation.”
As an work out, test asking yourself why you shouldn’t fret, John reported. “We make up a narrative about why we need to get worried. We also have to have to feed the counter narrative of that.”
Test to keep in mind periods when you ended up new to a occupation. Maybe it was awkward in the commencing, but you at some point uncovered buddies and items acquired much better.
Build predictability
Establish some grounding ahead of your initial working day by finding a regime that is effective for you, Rogers claimed. Consider about how you want your day to glimpse from the time you wake up to the time you get to get the job done. By environment up rituals, you can aid eradicate uncertainty.
Try out making in some bodily action to get your physique transferring and carve out some reflection time for meditation or placing intention for the working day.
In advance of the week, prepare out your agenda, pack your lunch and determine out what you are likely to wear each day, Buscher explained. He also proposed drinking fewer espresso, which has a robust result on stress degrees, or switching to tea.
You can even apply discussions. If you are nervous about how to response “how have you been?” produce down an respond to and rehearse it till you really feel comfortable.
Give your self endurance if it usually takes some time to settle into a routine or one thing you had hoped to integrate does not pretty healthy.
Set boundaries
You could possibly find your electrical power drained on returning to an place of work room. To enable stay clear of burnout, take compact breaks in the course of the day, Rogers said.
“I’d recommend (breaks) at the top of each individual hour,” Rogers reported. “Get up and move your body in some way or do a thing that lets your thoughts to take a transient relaxation.”
That could be work out, chatting with a coworker about your weekend, doing a fast puzzle, or ingesting a wholesome snack.
It is also important to established particular and experienced boundaries that guard your psychological overall health, Pullium mentioned. Some men and women have been hesitant to return to in-individual operate simply because of sexism, racism and other place of work harassment.
Organizations should really seem at their mission statements to guarantee they are in fact incorporating variety and inclusion and not generating a lifestyle wherever people come to feel tokenized, she explained.
As persons, it’s about self treatment and obtaining your local community that will validate you, enable you sense witnessed, and give tips. “Having safe and sound spaces to be with other Black colleagues or professionals was actually helpful for me,” Pullium mentioned.
Some folks be concerned that doing work remotely will result in them to overlook out on opportunities, qualified or social, by not staying visible.
Pullium suggests professionals encourage social gatherings or skilled chances by many channels, like Slack and e-mail, so that distant staff members don’t pass up hearing about them.
If you are anxious about socializing, remind yourself that you can decide on to decline an invititation to an soon after-work occasion mainly because you need time to decompress, Bonnheim claimed. You can also system forward for how you want to cope with greeting individuals or approaching a masked or mask-no cost environment.
“It can be practical to have a strategy in your pocket so that if you are in an unpleasant circumstance, you can choose a moment, compose your self and take a walk outdoors so you really do not have to be coming up with everything on the fly,” she mentioned.
“If a human being is genuinely having difficulties, they owe it to themselves” to explain to their employer, Rogers stated. “It’s a sort of compassion to advocate for their wants.”
If you bring up your considerations to your boss, treat these discussions the way you may possibly request for a raise or promotion: Frame it in the context of how executing your most effective do the job serves the enterprise, Pullium suggests. Come up with your own alternatives and be open to brainstorming.
For illustration, you may well say: “I know that I’ll be able to give you my finest get the job done if I can build this composition for my family. Is there any way that can flex my hrs or time so that I can continue to accommodate this have to have and be additional current for the operate that I’m undertaking below?”
If you’re having difficulties focusing with folks walking all around, you may possibly ask if you can move to an office environment or other workspace wherever you are additional divided from peers. Or you could request to perform in a hybrid timetable, with a couple of days in the business office and a couple of days at property, or remain absolutely distant.
“If you never come to feel comfortable advocating for what you have to have, you can have a well being care professional aid,” Buscher said. He wrote a letter for a customer expressing that relocating to California to function for a firm he’s previously been doing the job for remotely would be as well unsettling.
Supervisors need to be equipped to hear to their staff members and validate their experiences, Bonnheim mentioned. One thing like, “I know it has been actually tricky. What can I do to assist much better help you in this predicament?”
If staff members have substantial psychological wellbeing needs, managers should refer them to mental health sources accessible within the organization these types of as an Personnel Assistance System that features treatment sessions.
Managers can also encourage persons to utilize their paid time off or sick time for psychological well being days.
“Just inquiring if anyone is carrying out ok, becoming ready to supply that social connection to an individual, is really crucial,” Bonnheim added.
The North Carolina attorney general’s office had “great concerns about how HCA was selected” as the purchaser of the Mission Health System, including that “the deck had been stacked in its favor from the beginning” by then-CEO Ronald A. Paulus and his advisor Philip D. Green, according to a 2018 internal document obtained by Asheville Watchdog.
“[W]ith no outside advice other than Phil Green,” whom the investigators wrote had an undisclosed “prior business relationship with HCA,” Mission Health’s board of directors decided not to issue requests for competitive bids or to hold an auction before agreeing to sell Asheville’s flagship hospital system to HCA Healthcare for $1.5 billion, according to the document, prepared in advance of a meeting between Department of Justice lawyers and HCA representatives on Oct. 30, 2018.
Instead, as Paulus “coached HCA behind the scenes on how to best present its case to the Mission Board,” the board invited only one other healthcare company — identified in other documents as Novant Health of Winston-Salem — to present a formal offer.
“In the end,” the document stated, “an outside observer could conclude that HCA rose to the top among a limited number of bidders because the deck had been stacked in its favor from the beginning by Dr. Paulus and Mr. Green.”
The attorney general’s office was so concerned about potential conflicts of interest by Paulus and Green that it requested the Mission board revote on the transaction, the attorney general’s deputy chief of staff, Laura Brewer, wrote to Asheville Watchdog this week. After considering the information, the Mission board voted again, unanimously, to approve it.
Paulus did not respond to Asheville Watchdog’s requests for comment. Green declined an interview request but noted that the attorney general, after an extensive review, did not object to the sale.
Only HCA, Novant, and Atrium Considered
The Oct. 30 document, written by Special Deputy Attorney General Jennifer T. Harrod, who led the North Carolina Department of Justice investigation, was among more than 6,000 records released Feb. 25 by the office of Attorney General Josh Stein in partial response to public records requests filed by Asheville Watchdog over the past two years.
The documents contain details not previously made public about the sale of the 133-year-old nonprofit hospital system, including that, other than HCA and Novant, Carolinas HealthCare System (now Atrium Health) was the only other healthcare company that the Mission board seriously considered. But Carolinas was rejected quickly and not even invited to make a presentation to the board, the records show.
The documents confirm and expand on Asheville Watchdog’s previous reporting on the role played by Paulus and Green. They show Green negotiated proposed term sheets — nonbinding proposals — for both a $1.5 billion sale of substantially all of Mission’s assets to HCA and for a $650 million joint venture with HCA that would have preserved some local control. HCA provided Paulus with a written affiliation proposal on Aug. 12, 2017, six weeks before the Mission board authorized Paulus to engage in calls and meetings with potential affiliation partners.
Overall, the newly released documents raise serious questions about the role of Paulus, Mission’s president and CEO; his longtime personal friend and advisor Green; and the 18-member Mission board of directors, which investigators said seems to have accepted HCA’s arguments about cost-savings and improved quality of care “uncritically.”
Paulus’s emails examined
Under state law, the attorney general has the right to review any transaction in which a nonprofit corporation sells substantially all of its assets. The investigation of the proposed Mission deal began in May 2018.
By October 2018, Harrod and other lawyers in the attorney general’s office had examined thousands of documents related to Mission’s decision to sell, including Paulus’s and Green’s email exchanges with HCA and other potential partners, and minutes of Mission board meetings.
On the afternoon of Oct. 30, 2018, Harrod, at least two other lawyers with the North Carolina Department of Justice, and four representatives of HCA met at the attorney general’s office in Raleigh. No one from Mission attended,the records show.
“We see that HCA’s purchase of Mission brings something new and dynamic to the region,” Harrod wrote in an opening statement. She said the Department of Justice investigators had met the previous week with the chairman and vice-chairman of Mission’s board, who talked “about how much HCA’s efficiency, commitment to patient care, and sophisticated data analytics impressed them.”
“At the same time,” she continued, “we have great concerns about how HCA was selected to be the entity that purchased Mission.”
“Here are the facts as we currently understand them,” Harrod wrote:
Paulus and Green “steered the process by which other bidders were identified. Mission decided, with no outside advice other than Phil Green, not to put out a request for bids or hold an auction.”
Green had “a prior business relationship with HCA” that “was never disclosed to the Mission board.”
When Mission’s board members visited HCA headquarters, “Dr. Paulus and Mr. Green both thought it was critically important for Mr. Green to attend that meeting to ensure its success.”
“Dr. Paulus coached HCA behind the scenes on how to best present its case to the Mission Board. On two occasions, he pointedly told HCA that Mission’s peers were and would favorably consider being acquired by HCA.”
Paulus discussed his continued role with potential buyers. One wanted him to be chief information officer. “Later, that partner was dropped from consideration on grounds that appear pretextual to us … Reading his email exchanges with HCA, an outside observer could conclude that he was working hard to demonstrate his value to HCA,” the memo states. (Just days after the Mission sale closed, Paulus announced he was joining HCA as a strategic advisor. Tax records show Paulus received more than $4 million for his final four months at Mission. The terms of his employment agreement with Mission and hisconsulting job with HCA remain unknown. A spokeswoman for HCA’s North Carolina Division said Paulus is no longer a strategic advisor to HCA.)
“Neither the board nor its advisors seems to have given any thought to the fact that certain transaction partners offered Dr. Paulus greater scope for advancement versus others or versus no transaction at all,” Harrod wrote.
“In our opinion, Dr. Paulus’s conduct violated the Mission conflict of interest policy, which requires an officer or board member with even a potential conflict to not merely recuse himself from voting on the matter, but also from advocating for an outcome. Dr. Paulus offered to recuse himself, but was advised that it was unnecessary. The rationale was that since all of the potential partners wanted Dr. Paulus to continue in some capacity, therefore he had no conflict of interest.”
“Just have to trust HCA”
Harrod had already expressed concerns to Mission that the terms outlined in the Letter of Intent (LOI) negotiated by Paulus and Green did not go far enough in protecting the public’s interests.
“Given Mission Health’s strong operating and financial position, we believe Mission should be well positioned to negotiate for strong terms to protect public health interests, as has been done in other similar transactions,” she wrote to Mission officials on Aug. 8, 2018.
Philip D. Green, Mission’s strategic advisor
Instead, on Aug. 30, 2018, HCA and Mission signed an official contract, called the asset purchase agreement (APA), on terms the attorney general’s office believed favored HCA.
“Dr. Paulus and Mr. Green were principal negotiators of the APA,” Harrod wrote in her memo in advance of the Oct. 30, 2018 meeting. “It appears to us comparing the terms of the LOI to the terms of the APA, HCA improved its position considerably.”
“One of the major inducements for Mission to enter the LOI with HCA was thepromise that hospitals and services would be maintained,” Harrod wrote. “We and others advised Mission prior to signing the APA, that such commitments needed to be specific and measurable in order to be enforceable.”
“The emails we have seen demonstrate that Dr. Paulus ultimately buckled in the face of resistance from HCA and decided that Mission would just have to trust HCA,” she wrote.
Harrod wrote, “Even now, the board believes that HCA has committed to maintaining the current level of services … even though the APA says no such thing.” For example, the agreement allowed HCA to eliminate some services and close facilities if they became “commercially unreasonable,” documents show.
Harrod also wrote that “Mission agreed to let HCA use its existing charity care policy, even though it appears to us that for most patients, they would be much better off under Mission’s policy.” Weeks earlier, lawyers for both HCA and Mission had written to Harrod that HCA’s charity care policies were “more generous in most respects” than Mission’s policies.
HCA’s $188 Million Settlement
In January 2017, six months before beginning discussions with Paulus and Green, HCA agreed to pay $188 million to settle litigation over its failure to abide by the terms of its purchase of nonprofit Health Midwest hospitals in the Kansas City area, a transaction similar to its later deal with Mission Health.
In a letter Sept. 10, 2018, Harrod asked Mission senior vice president Donald R. Esposito to “[d]etail the assurances Mission has received that HCA will honor its contractual obligations, in light of its failures to do so in connection with its acquisition of Health Midwest.”
In her document for the Oct. 30, 2018 meeting, Harrod stated: “Despite the experiences of the health care foundation in Missouri, Mission agreed to dispute resolution terms that overwhelmingly favor HCA.”
“These are examples, not an exclusive list,” Harrod concluded.
“The best possible deal”
The attorney general’s investigation intensified over the next two months and included ensuring that Mission’s board knew about Green’s prior business relationship with HCA.
“We requested that the board be fully informed of this relationship and then take another vote on the deal,” Brewer, the deputy chief of staff, told Asheville Watchdog this week. “We also ensured that Mr. Green would not receive any compensation dependent on closing of the transaction, including any ‘bonus’ or ‘success fee,’ and that neither he nor his company would otherwise benefit from the transaction.”
The Mission board held special sessions Dec. 13 and Dec. 20, 2018, and Jan. 8, 2019, to discuss final details of the pending deal, including the findings of Harrod’s investigation.
In the end, Mission Board chairman John R. Ball wrote, in a letter to Stein after the Jan. 8 meeting, that the board considered the attorney general’s concerns and “concluded that Mission’s management team and its outside advisors were committed at all times to securing for Mission the best possible transaction with potential merger partners, ultimately leading to the transaction with HCA.”
“No member of Mission’s management or its advisors took any action, or failed to take any action, that was detrimental to Mission’s interests,” Ball wrote.
The Mission board, Ball wrote, “believes it has been, and remains fully informed with respect to all these issues,” and was “steadfast” in its goal to close the sale to HCA. The board’s re-votewas once again unanimous.
Ball could not be reached for comment.
Letter of Non-Objection
In an August 2021 interview with Asheville Watchdog, Stein said state law limited his authority to halt the sale despite the information uncovered by his investigation. Because of the law’s restrictions, Stein said, he sought specific enforceable agreements, a number of concessions from HCA, and 15 additional conditions to be added to a revised asset purchase agreement.
NC Attorney General Josh Stein
Stein’s conditions included the hiring of an independent monitor to oversee HCA’s compliance with the agreement; enforceable commitments to maintain current levels of service at all six hospitals in the Mission system, not for the five years Paulus and Green negotiated in some cases, but for 10 years; and requiring HCA to adopt what he viewed as Mission’s more generous charity care obligations.
Stein also got HCA and Mission to agree that the attorney general could enforce the terms of the contract.
On Jan. 16, 2019, Mission and HCA agreed to the attorney general’s changes and signed an“amended and restated”asset purchase agreement. Harrod then informed them that the attorney general would not object to the sale.
Green: “Concerns were baseless”
Green declined to speak with Asheville Watchdog but emailed a statement. “The Attorney General, after reviewing thousands of pages of documents and conducting an inquiry into ensuring a fair process and the absence of any conflict of interest, concluded that any concerns were baseless and wrote a Non-Objection letter,” he wrote.
The letter of non-objection, written by Harrod, actually said the Attorney General’s investigation had identified “potential concerns.” But, it said, “Mission Health has represented to the Attorney General that … no one on Mission’s board and no one responsible for advising Mission’s board will receive any direct or indirect benefit as a result of the sale of the operating assets of the Mission Nonprofit Entities to HCA.”
Green is still listed as an independent advisor for large healthcare mergers and acquisitions and has a consulting company based in Arlington, Virginia. Paulus is still a principal of RAPMD Strategic Advisors, based in Asheville.
Update From Stein’s Office
Harrod, who led the investigation into the Mission-HCA sale, is no longer with the Attorney General’s office. She declined to comment for this story.
In a statement to Asheville Watchdog last week, Brewer, Stein’s deputy chief of staff, wrote, “Under North Carolina law (unlike in many other states), the Attorney General’s authority in these kinds of deals is quite limited” to ensuring a fair purchase price and “that the charitable mission of the non-profit is being carried forward.”
“North Carolina law does not give our Office the general authority to police health care transactions based on how they would impact patients, quality of care, rural access, and other issues,” Brewer wrote. “Even though the Attorney General’s legal authority over this type of transaction is quite limited, we succeeded in negotiating a number of significant improvements to the agreement.”
“Paying More and Getting Less Care”
HCA officially took control of the Mission system on Feb. 1, 2019.
Novant,the lone other bidder that Mission’s board rejected in favor of HCA’s $1.5 billion offer, went on to sign a $5 billion deal, including $2 billion in cash, to acquire a smaller and less profitable hospital in Wilmington.
The Attorney General’s office denied Asheville Watchdog’s request for a comparison of Novant’s and HCA’s offers for Mission, citing state statutes that exempt confidential business information from public records requests.
Ashton W. Miller, Novant’s manager of public relations, declined to comment.
In the statement she prepared for the Oct. 30, 2018 meeting with HCA representatives, Harrod wrote: “We understand that HCA plans to do further acquisitions in North Carolina. This may not be the last time we are across the table from each other.”
Last week, when Asheville Watchdog asked what lessons were learned from the Mission sale, Attorney General Stein responded:
“Too often, when one hospital swallows up another, patients end up paying more and getting worse care. North Carolinians need better safeguards to review transactions to put the patients’ interest first. I’m working with partners in the legislature now to determine how our laws can better protect patients in these health care transactions.”
Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Peter H. Lewis is a former senior writer and editor at The New York Times. Email [email protected]. Sally Kestin is a Pulitzer Prize-winning investigative reporter. Email [email protected].
Asheville Watchdog gratefully acknowledges the assistance of the Duke University School of Law’s First Amendment Clinic, with special thanks to Danielle Siegel, Alexandria Murphy, Ben Rossi, and Dillon Farnetti.
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by Asheville Watchdog, North Carolina Health News March 20, 2022
<p>The North Carolina attorney general’s office had “great concerns about how HCA was selected” as the purchaser of the Mission Health System, including that “the deck had been stacked in its favor from the beginning” by then-CEO Ronald A. Paulus and his advisor Philip D. Green, according to a 2018 internal document obtained by <em>Asheville Watchdog</em>.</p>
<p>“[W]ith no outside advice other than Phil Green<strong>,”</strong> whom the investigators wrote had an undisclosed “prior business relationship with HCA,” Mission Health’s board of directors decided not to issue requests for competitive bids or to hold an auction before agreeing to sell Asheville’s flagship hospital system to HCA Healthcare for $1.5 billion, according to the document, prepared in advance of a meeting between Department of Justice lawyers and HCA representatives on Oct. 30, 2018.</p>
<p>Instead, as Paulus “coached HCA behind the scenes on how to best present its case to the Mission Board,” the board invited only one other healthcare company — identified in other documents as Novant Health of Winston-Salem — to present a formal offer. </p>
<p>“In the end,” <a href=”https://www.scribd.com/document/561957950/Attorney-General-Meeting-10-30-18″ target=”_blank” rel=”noreferrer noopener”>the document stated</a>, “an outside observer could conclude that HCA rose to the top among a limited number of bidders because the deck had been stacked in its favor from the beginning by Dr. Paulus and Mr. Green.”</p>
<p>The attorney general’s office was so concerned about potential conflicts of interest by Paulus and Green that it requested the Mission board revote on the transaction, the attorney general’s deputy chief of staff, Laura Brewer, wrote to <em>Asheville Watchdog</em> this week. After considering the information, the Mission board voted again, unanimously, to approve it.</p>
<p>Paulus did not respond to <em>Asheville Watchdog’s</em> requests for comment. Green declined an interview request but noted that the attorney general, after an extensive review, did not object to the sale. </p>
<h4 id=”h-only-hca-novant-and-atrium-considered”>Only HCA, Novant, and Atrium Considered</h4>
<p>The Oct. 30 document, written by Special Deputy Attorney General Jennifer T. Harrod, who led the North Carolina Department of Justice investigation, was among more than 6,000 records released Feb. 25 by the office of Attorney General Josh Stein in partial response to public records requests filed by <em>Asheville Watchdog</em> over the past two years. </p>
<p>The documents contain details not previously made public about the sale of the 133-year-old nonprofit hospital system, including that, other than HCA and Novant, <a href=”https://www.scribd.com/document/563194186/HCA-007144-Who-bid-against-HCA”>Carolinas HealthCare System</a> (now Atrium Health) was the only other healthcare company that the Mission board seriously considered. But Carolinas was rejected quickly and not even invited to make a presentation to the board, the records show.</p>
<p>The documents confirm and expand on <em>Asheville Watchdog’s</em><a href=”https://avlwatchdog.org/a-done-deal-how-mission-health-wooed-hca/”> previous reporting</a> on the role played by Paulus and Green. They show Green <a href=”https://www.scribd.com/document/480241477/Mission-Health-Fairness-Opinion-Presentation-to-NCDOJ-Redacted”>negotiated proposed term sheets</a> — nonbinding proposals — for both a $1.5 billion sale of substantially all of Mission’s assets to HCA and for a $650 million joint venture with HCA that would have preserved some local control. HCA provided Paulus with a written affiliation proposal on Aug. 12, 2017, six weeks before the Mission board authorized Paulus to engage in calls and meetings with potential affiliation partners.</p>
<p>Overall, the newly released documents raise serious questions about the role of Paulus, Mission’s president and CEO; his longtime personal friend and advisor Green; and the 18-member Mission board of directors, which investigators said seems to have accepted HCA’s arguments about cost-savings and improved quality of care “uncritically.” </p>
<h4 id=”h-paulus-s-emails-examined”>Paulus’s emails examined</h4>
<p>Under state law, the attorney general has the right to review any transaction in which a nonprofit corporation sells substantially all of its assets. The investigation of the proposed Mission deal began in May 2018. </p>
<p>By October 2018, Harrod and other lawyers in the attorney general’s office had examined thousands of documents related to Mission’s decision to sell, including Paulus’s and Green’s email exchanges with HCA and other potential partners, and minutes of Mission board meetings. </p>
<p>On the afternoon of Oct. 30, 2018, Harrod, at least two other lawyers with the North Carolina Department of Justice, and four representatives of HCA met at the attorney general’s office in Raleigh. No one from Mission attended<strong>,</strong> <a href=”https://www.scribd.com/document/564671203/HCA-009429-NC-DOJ-meeting-with-HCA-Healthcare-10-30-2018″>the records show</a>.</p>
<p>“We see that HCA’s purchase of Mission brings something new and dynamic to the region,” Harrod wrote in <a href=”https://www.scribd.com/document/561957950/Attorney-General-Meeting-10-30-18″>an opening statement</a>. She said the Department of Justice investigators had met the previous week with the chairman and vice-chairman of Mission’s board, who talked “about how much HCA’s efficiency, commitment to patient care, and sophisticated data analytics impressed them.” </p>
<p>“At the same time,” she continued, “we have great concerns about how HCA was selected to be the entity that purchased Mission.”</p>
<p>“Here are the facts as we currently understand them,” Harrod wrote:</p>
<ul>
<li>Paulus and Green “steered the process by which other bidders were identified. Mission decided, with no outside advice other than Phil Green, not to put out a request for bids or hold an auction.”</li>
<li>Green had “a prior business relationship with HCA” that “was never disclosed to the Mission board.”</li>
<li>When Mission’s board members visited HCA headquarters, “Dr. Paulus and Mr. Green both thought it was critically important for Mr. Green to attend that meeting to ensure its success.” </li>
<li>“Dr. Paulus coached HCA behind the scenes on how to best present its case to the Mission Board. On two occasions, he pointedly told HCA that Mission’s peers were and would favorably consider being acquired by HCA.”</li>
<li>Paulus discussed his continued role with potential buyers. One wanted him to be chief information officer. “Later, that partner was dropped from consideration on grounds that appear pretextual to us … Reading his email exchanges with HCA, an outside observer could conclude that he was working hard to demonstrate his value to HCA,” the memo states. (Just days after the Mission sale closed, Paulus announced he was joining HCA as a strategic advisor.<a href=”https://avlwatchdog.org/nonprofit-mission-made-lots-of-profits-especially-for-bosses/”> Tax records show</a> Paulus received <a href=”https://www.scribd.com/document/564647670/Dog-Mission-2018-IRS-990″>more than $4 million</a> for his final four months at Mission. The terms of his employment agreement with Mission and hisconsulting job with HCA remain unknown. A spokeswoman for HCA’s North Carolina Division said Paulus is no longer a strategic advisor to HCA.)</li>
<li> “Neither the board nor its advisors seems to have given any thought to the fact that certain transaction partners offered Dr. Paulus greater scope for advancement versus others or versus no transaction at all,” Harrod wrote. </li>
<li> “In our opinion, Dr. Paulus’s conduct violated the Mission conflict of interest policy, which requires an officer or board member with even a potential conflict to not merely recuse himself from voting on the matter, but also from advocating for an outcome. Dr. Paulus offered to recuse himself, but was advised that it was unnecessary. The rationale was that since all of the potential partners wanted Dr. Paulus to continue in some capacity, therefore he had no conflict of interest.” </li>
</ul>
<h4 id=”h-just-have-to-trust-hca”>“Just have to trust HCA”</h4>
<p>Harrod had already expressed concerns to Mission that the terms outlined in the Letter of Intent (LOI) negotiated by Paulus and Green did not go far enough in protecting the public’s interests. </p>
<p>“Given Mission Health’s strong operating and financial position, we believe Mission should be well positioned to negotiate for strong terms to protect public health interests, as has been done in other similar transactions,” she <a href=”https://www.scribd.com/document/563503255/HCA-001598″>wrote to Mission officials</a> on Aug. 8, 2018.</p>
<div class=”wp-block-image”>
<figure class=”alignleft”><img src=”https://lh6.googleusercontent.com/TrOkdVbUrI1OUjDzHNy3VyvYFRqOD_g_vcOoG89w5Pl-rppJIjATRQ7a5cYRa2pyEoiYnJxYyHN2qbK_XbmQc3Gmakzhe46TtSvS98FhvSuM5YdF-DppF6QbuRGGBejOrgh0MJV1″ alt=”” /><figcaption><strong>Philip D. Green, Mission’s strategic advisor</strong></figcaption></figure>
</div>
<p>Instead, on Aug. 30, 2018, HCA and Mission signed an official contract, called the asset purchase agreement (APA), on terms the attorney general’s office believed favored HCA. </p>
<p>“Dr. Paulus and Mr. Green were principal negotiators of the APA,” Harrod wrote in her memo in advance of the Oct. 30, 2018 meeting. “It appears to us comparing the terms of the LOI to the terms of the APA, HCA improved its position considerably.”</p>
<p>“One of the major inducements for Mission to enter the LOI with HCA was thepromise that hospitals and services would be maintained,” Harrod wrote. “We and others advised Mission prior to signing the APA, that such commitments needed to be specific and measurable in order to be enforceable.” </p>
<p>“The emails we have seen demonstrate that Dr. Paulus ultimately buckled in the face of resistance from HCA and decided that Mission would just have to trust HCA,” she wrote. </p>
<p>Harrod wrote, “Even now, the board believes that HCA has committed to maintaining the current level of services … even though the APA says no such thing.” For example, the agreement allowed HCA to eliminate some services and close facilities if they became <a href=”https://www.scribd.com/document/563277779/HCA-006986-Mission-HCA-Asset-Purchase-Agreement”>“commercially unreasonable,”</a> documents show.</p>
<p>Harrod also wrote that “Mission agreed to let HCA use its existing charity care policy, even though it appears to us that for most patients, they would be much better off under Mission’s policy.” Weeks earlier, lawyers for both HCA and Mission had written to Harrod that HCA’s charity care policies were “more generous in most respects” than Mission’s policies.</p>
<h4 id=”h-hca-s-188-million-settlement”>HCA’s $188 Million Settlement</h4>
<p>In January 2017, six months before beginning discussions with Paulus and Green, HCA agreed to pay $188 million to settle <a href=”https://caselaw.findlaw.com/mo-court-of-appeals/1765847.html”>litigation</a> over its failure to abide by the terms of its purchase of nonprofit Health Midwest hospitals in the Kansas City area, a transaction similar to its later deal with Mission Health. </p>
<p><a href=”https://www.scribd.com/document/563249268/HCA-008156-Inquiry-on-HCA-Health-Midwest-deal”>In a letter</a> Sept. 10, 2018, Harrod asked Mission senior vice president Donald R. Esposito to “[d]etail the assurances Mission has received that HCA will honor its contractual obligations, in light of its failures to do so in connection with its acquisition of Health Midwest.”</p>
<p>In her document for the Oct. 30, 2018 meeting, Harrod stated: “Despite the experiences of the health care foundation in Missouri, Mission agreed to dispute resolution terms that overwhelmingly favor HCA.” </p>
<p>“These are examples, not an exclusive list,” Harrod concluded.</p>
<h4 id=”h-the-best-possible-deal”>“The best possible deal” </h4>
<p>The attorney general’s investigation intensified over the next two months and included ensuring that Mission’s board knew about Green’s prior business relationship with HCA.</p>
<p>“We requested that the board be fully informed of this relationship and then take another vote on the deal,” Brewer, the deputy chief of staff, told <em>Asheville Watchdog</em> this week. “We also ensured that Mr. Green would not receive any compensation dependent on closing of the transaction, including any ‘bonus’ or ‘success fee,’ and that neither he nor his company would otherwise benefit from the transaction.” </p>
<p>The Mission board held special sessions Dec. 13 and Dec. 20, 2018, and Jan. 8, 2019, to discuss final details of the pending deal, including the findings of Harrod’s investigation. </p>
<p>In the end, Mission Board chairman John R. Ball wrote, in a <a href=”https://www.scribd.com/document/563183075/HCA-003176″>letter to Stein</a> after the Jan. 8 meeting, that the board considered the attorney general’s concerns and “concluded that Mission’s management team and its outside advisors were committed at all times to securing for Mission the best possible transaction with potential merger partners, ultimately leading to the transaction with HCA.”</p>
<p>“No member of Mission’s management or its advisors took any action, or failed to take any action, that was detrimental to Mission’s interests,” Ball wrote.</p>
<p>The Mission board, Ball wrote, “believes it has been, and remains fully informed with respect to all these issues,” and was “steadfast” in its goal to close the sale to HCA. The board’s re-votewas once again unanimous.</p>
<p>Ball could not be reached for comment.</p>
<h4 id=”h-letter-of-non-objection”>Letter of Non-Objection</h4>
<p>In an August 2021 interview with <em>Asheville Watchdog</em>, Stein said state law limited his authority to halt the sale despite the information uncovered by his investigation. Because of the law’s restrictions, Stein said, he sought specific enforceable agreements, <a href=”https://www.scribd.com/document/563629618/Comparison-of-Key-Terms-Before-and-After-Attorney-General”>a number of concessions</a> from HCA, and 15 additional conditions to be added to a revised asset purchase agreement. </p>
<div class=”wp-block-image”>
<figure class=”alignright is-resized”><img src=”https://avlwatchdog.org/wp-content/uploads/2021/11/IMG_6330-737×1024.jpeg” alt=”” class=”wp-image-17697″ width=”369″ height=”512″ /><figcaption>NC Attorney General Josh Stein</figcaption></figure>
</div>
<p>Stein’s conditions included the hiring of an independent monitor to oversee HCA’s compliance with the agreement; enforceable commitments to maintain current levels of service at all six hospitals in the Mission system, not for the five years Paulus and Green negotiated in some cases, but for 10 years; and requiring HCA to adopt what he viewed as Mission’s more generous charity care obligations. </p>
<p>Stein also got HCA and Mission to agree that the attorney general could enforce the terms of the contract.</p>
<p>On Jan. 16, 2019, Mission and HCA agreed to the attorney general’s changes and signed an<a href=”https://www.scribd.com/document/564608230/Amended-and-Restated-Mission-HCA-asset-purchase-agreement”>“amended and restated”</a>asset purchase agreement. Harrod then informed them that the attorney general would not object to the sale. </p>
<h4 id=”h-green-concerns-were-baseless”>Green: “Concerns were baseless”</h4>
<p>Green declined to speak with <em>Asheville Watchdog</em> but emailed a statement. “The Attorney General, after reviewing thousands of pages of documents and conducting an inquiry into ensuring a fair process and the absence of any conflict of interest, concluded that any concerns were baseless and wrote a Non-Objection letter,” he wrote.</p>
<p>The <a href=”https://www.scribd.com/document/563190320/HCA-003332-Letter-of-Non-Objection”>letter of non-objection</a>, written by Harrod, actually said the Attorney General’s investigation had identified “potential concerns.” But, it said, “Mission Health has represented to the Attorney General that … no one on Mission’s board and no one responsible for advising Mission’s board will receive any direct or indirect benefit as a result of the sale of the operating assets of the Mission Nonprofit Entities to HCA.”</p>
<p>Green is still listed as an independent advisor for large healthcare mergers and acquisitions and has<a href=”https://cis.scc.virginia.gov/EntitySearch/BusinessInformation?businessId=531549&source=FromEntityResult&isSeries{fe463f59fb70c5c01486843be1d66c13e664ed3ae921464fa884afebcc0ffe6c}20={fe463f59fb70c5c01486843be1d66c13e664ed3ae921464fa884afebcc0ffe6c}20false”> a consulting company</a> based in Arlington, Virginia. Paulus is still a principal of RAPMD Strategic Advisors, based in Asheville.</p>
<h4 id=”h-update-from-stein-s-office”>Update From Stein’s Office</h4>
<p>Harrod, who led the investigation into the Mission-HCA sale, is no longer with the Attorney General’s office. She declined to comment for this story. </p>
<p>In a statement to <em>Asheville Watchdog</em> last week, Brewer, Stein’s deputy chief of staff, wrote<strong>,</strong> “Under North Carolina law (unlike in many other states), the Attorney General’s authority in these kinds of deals is quite limited” to ensuring a fair purchase price and “that the charitable mission of the non-profit is being carried forward.” </p>
<p>“North Carolina law does not give our Office the general authority to police health care transactions based on how they would impact patients, quality of care, rural access, and other issues,” Brewer wrote. “Even though the Attorney General’s legal authority over this type of transaction is quite limited, we succeeded in negotiating a number of significant improvements to the agreement.”</p>
<h4 id=”h-paying-more-and-getting-less-care”>“Paying More and Getting Less Care”</h4>
<p>HCA officially took control of the Mission system on Feb. 1, 2019.</p>
<p>Novant,the lone other bidder that Mission’s board rejected in favor of HCA’s $1.5 billion offer, went on to sign <a href=”https://avlwatchdog.org/mission-sale-good-for-wnc-or-just-hca/”>a $5 billion deal</a>, including $2 billion in cash, to acquire a smaller and less profitable hospital in Wilmington.</p>
<p>The Attorney General’s office denied <em>Asheville Watchdog</em>’s request for a comparison of Novant’s and HCA’s offers for Mission, citing state statutes that exempt confidential business information from public records requests.</p>
<p>Ashton W. Miller, Novant’s manager of public relations, declined to comment.</p>
<p>In the statement she prepared for the Oct. 30, 2018 meeting with HCA representatives, Harrod wrote: “We understand that HCA plans to do further acquisitions in North Carolina. This may not be the last time we are across the table from each other.”</p>
<p>Last week, when <em>Asheville Watchdog</em> asked what lessons were learned from the Mission sale, Attorney General Stein responded: </p>
<p>“Too often, when one hospital swallows up another, patients end up paying more and getting worse care. North Carolinians need better safeguards to review transactions to put the patients’ interest first. I’m working with partners in the legislature now to determine how our laws can better protect patients in these health care transactions.”</p>
<p><a href=”https://avlwatchdog.org/”><em>Asheville Watchdog</em></a><em> is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Peter H. Lewis is a former senior writer and editor at The New York Times. Email </em><a href=”https://www.northcarolinahealthnews.org/2022/03/20/hca-deal-was-rigged-ag-office-concerned/mailto:plewis@avlwatchog.org”><em>plewis@avlwatchog.org</em></a><em>. Sally Kestin is a Pulitzer Prize-winning investigative reporter. Email </em><a href=”https://www.northcarolinahealthnews.org/2022/03/20/hca-deal-was-rigged-ag-office-concerned/mailto:skestin@avlwatchdog.org”><em>skestin@avlwatchdog.org</em></a><em>.</em></p>
<p><em>Asheville Watchdog gratefully acknowledges the assistance of the Duke University School of Law’s First Amendment Clinic, with special thanks to Danielle Siegel, Alexandria Murphy, Ben Rossi, and Dillon Farnetti. </em> </p>
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HELENA — Republican Attorney General Austin Knudsen and his office did not attempt to threaten or intimidate Helena hospital officials or health-care providers when they inquired about a patient’s COVID-19 care last month, says a report released late Monday evening by Republican legislative leadership.
However, the report did identify a “third public official” who contacted the hospital on the patient’s behalf as state Public Service Commissioner Jennifer Fielder. It said Fielder, a former state senator, argued that the patient should be allowed to have the alternative treatments of Ivermectin and hydroxycholoroquine, and that “if this doesn’t turn out well,” there may be a lawsuit.
The patient, who had worked for the state Senate in the past, later died from complications of COVID-19.
The report, prepared by a “special counsel” appointed by GOP leadership, outlined actions taken by Knudsen, a highway patrolman and Deputy Attorney General Kris Hansen in early October, in response to complaints from the patient’s family that she was being denied certain medications and communication with her family.
Minority Democrats had requested the investigation Oct. 21, after press reports and a statement by St. Peter’s Hospital that its health-care providers had been “harassed and threatened by three public officials.”
Knudsen and Hansen said they were two of the public officials who spoke to hospital personnel, but denied threatening anyone.
Also Monday night, Republican legislative leaders said the report produced no evidence that Knudsen had harassed anyone, that he didn’t speak directly to any medical providers and that St. Peter’s CEO said he did not feel threatened in his Oct. 13 conversation with Knudsen and described his discussion as “cordial.”
“The misleading and outright false political attacks on Montana’s attorney general by Democrats and members of the media must stop,” GOP leaders said in a statement.
They pointed to a number of newspaper and web-based editorials that had criticized Knudsen and his office for allegedly trying to strong-arm medical personnel into giving the patient certain medications or use the Highway Patrol as a “private police force.”
The report said the Highway Patrol officer dispatched to the hospital on Oct. 12 never entered the hospital or spoke with medical personnel, and only took information from the patient’s family, in the hospital parking lot.
Democratic leaders said they plan to hold a news conference Tuesday morning, to respond to the report.
The investigation and report were produced by Abra Belke, a lawyer who worked for legislative Republicans during the 2021 Legislature and who later was appointed as the Legislature’s “special counsel,” a new position created this year by Republicans with broad powers to investigate government officials and agencies.