Minutes of the Health Commission Meeting

Tuesday, February 6, 2001
3:00 p.m.

at
101 Grove Street, Room #300
San Francisco, CA 94102

1) CALL TO ORDER

The regular meeting of the Health Commission was called to order by President Roma P. Guy, MSW, at 3:05 p.m.

Present:

  • Commissioner Edward A. Chow, M.D.
  • Commissioner Roma P. Guy, M.S.W.
  • Commissioner Arthur M. Jackson
  • Commissioner Lee Ann Monfredini
  • Commissioner Harrison Parker, Sr., D.D.S.
  • Commissioner David J. Sanchez, Jr., Ph.D.
  • Commissioner John I. Umekubo, M.D.

President Guy welcomed the newest appointee to the Commission, Arthur M. Jackson, who had previously served on the Commission under Mayor Frank Jordan.

3) APPROVAL OF THE CONSENT CALENDAR OF THE BUDGET COMMITTEE

(Commissioner David J. Sanchez, Jr., Ph.D.)

(3.1) AIDS Office - Request for approval of contract term extensions for 61 CARE funded HIV Health Services contracts with the following 44 contractors for four months, from March 1, 2001 through June 30, 2001:

AIDS Emergency Fund

AIDS Legal Referral Panel

American College of Traditional Chinese Medicine

Ark of Refuge

Asian & Pacific Islander Wellness Center

Baker Places, Inc.

Bar Association of San Francisco

Catholic Charities

Chemical Awareness and Treatment Services

Community Dental Care, Inc.

CompassPoint Nonprofit Services, Inc.

Continuum HIV Day Services

Dolores Street Community Services

Family Service Agency of San Francisco

Family Support Services of the Bay Area

Glide Foundation

Haight-Ashbury Free Clinics, Inc.

Immune Enhancement Project

Instituto Familiar de la Raza

Iris Center

Legal Services for Children

Lutheran Social Services

Lyon-Martin Women’s Health Services

Maitri AIDS Hospice

Mission Neighborhood Health Center

New Leaf

Positive Resource Center

Project Open Hand

Quan Yin Healing Arts Center

Saint Mary’s Medical Center

San Francisco Community Clinic Consortium

San Francisco Food Bank

San Francisco Suicide Prevention

Shanti Project

Tenderloin AIDS Resource Center

UCSF AIDS Health Project

UCSF Center on Deafness

UCSF Pediatric AIDS Program

UCSF/SFGH/Dept of Psychiatry/Sub Abuse Services

UCSF Women’s Specialty Clinic

University of the Pacific School of Dentistry

Urban Indian Health Board

Walden House

Westside Community Mental Center

(3.2) PHP-CHPP – Request for approval of a retroactive sole source contract renewal with the San Francisco Study Center (SFSC), in the amount of $498,537, to provide technical assistance to the Health and Environmental Resource Center regarding asthma and cancer community services targeting residents of Bayview Hunters Point, for the period of July 1, 2000 through June 30, 2001. (DPH contracted with SFSC for services totaling $1,790,069 during FY 1999-2000).

Commissioner Parker commended the program on its progress.

(3.3) PHP-CHPP – Request for approval of retroactive sole source contract renewal with San Francisco Study Center (SFSC), in the amount of $325,851, to provide support and technical assistance services to the DPH African American Health Initiatives program targeting the African American community, for the period of July 1, 2000 through June 30, 3001. (DPH contracted with SFSC for services totaling $1,790,069 during FY 1999-2000).

Commissioner Parker supported the hiring of staff and thanked the Department for providing resources to the African American community.

(3.4) PHP-CSAS – Request for approval of retroactive contract renewal with Addiction Research and Treatment, Inc. dba BAART, in the amount of $4,421,181 per year for a two-year total of $8,842,362, to provide methadone maintenance and outpatient counseling services targeting opiate addicted residents, including pregnant/post-partum women, for the period of July 1, 2000 through June 30, 2002. (DPH contracted with BAART for services totaling $4,421,181 during FY 1999-2000).

Action Taken: the Commission approved the Consent Calendar of the Budget Committee. Commissioner Sanchez abstained on UCSF contracts on #3.1; and Commissioner Umekubo abstained on the St. Mary’s Medical Center contract on #3.1.

4) DIRECTOR’S REPORT
(Mitchell H. Katz, M.D., Director of Health)

Dr. Katz welcomed Commissioner Jackson back to the Commission. Dr. Katz noted that the present Commission includes four former Presidents of the Commission: Edward A. Chow, M.D., Arthur M. Jackson, Lee Ann Monfredini and Roma P. Guy, MSW.

POPULATION HEALTH AND PREVENTION

Safety Device Screening Fair

The first annual Safety Device Screening Fair will be held at SFGHMC Cafeteria Conference Rooms on Tuesday, February 13, 2001. The fair is the result of the pathbreaking efforts of the joint labor-management DPH Bloodborne Pathogens Safe Devices Committee to raise awareness of blood borne pathogen exposure and to include all staff in prevention measures. The fair will provide frontline users of sharps an opportunity to use and evaluate devices with safety technologies that may ultimately be selected for our hospital and clinical sites. Food refreshments, gifts and raffle prizes willbe be provided.

KOMEN Funding

Funding was received from the KOMEN Foundation ($35,000) and the West Bay partnership of the Breast Cancer Early Detection Program ($5,000), through the Women’s Cancer Network, to produce three – four Town Hall meetings during calendar year 2001. Neighborhoods for the Town Hall meetings are Potrero Hill, Visitation Valley/Sunnydale, Bayview Hunters Point. The first planning meeting was January 29th.

COMMUNITY HEALTH NETWORK

Laguna Honda Hospital DOJ Visit

We have received no official response from the Department of Justice concerning their November 28, 2000 site visit. Based upon limited informal feedback from the DOJ consultants, we believe that the representatives were impressed with LHH’s positive developments during the last two years.

Last month we asked the DOJ in writing to close its investigation of LHH. Due to administrative changes in Washington, D.C., we do not know when we will receive a response. We will keep the Commission informed of any developments.

City Appointment to Board

Angela Carmen, Assistant Administrator, Facilities/Materials Management, has been appointed to represent the City and County of San Francisco on the Board of Directors of the NCSDC (Northern California Supplier Development Council). She will replace Edwin Lee, former Director of Purchasing, who is the newly appointed Director of Public Works.

The goal of the NCSDC is to promote increased procurement and business opportunities for minority businesses; and to develop mutually beneficial business relationships among the businesses, public and private sectors. The local NCSDC is one of 37 Councils nationwide. We congratulate Angela on her appointment to this Board.

Medical Staff Credentials

01/01

2001 YTD

New Appointments

1

1

Reinstatements

0

0

Reappointments

38

38

Delinquencies

 0

0

Reappointment Denials

0

0

Resigned/Retired

10

10

Disciplinary Actions

0

0

Restriction/Limitation-Privileges

0

0

Changes in Privileges

   

  Additions

2

2

  Voluntary Relinquishments

0

0

5) PRESENTATION OF THE 2000-02 CHILDREN’S SERVICES PLAN UPDATE FOR THE DEPARTMENT OF CHILDREN, YOUTH AND THEIR FAMILIES
(Deborah Alvarez-Rodriguez, Director)

Deborah Alvarez-Rodriguez, Director of DCYF, gave an update on the Department’s Strategic Plan and evaluation approaches, the work on approved initiatives and emerging trends. A copy of the report is available in the Commission Office.

Commissioners raised issues on the summer job program, the evaluation process of CBO’s, training of youth, sustainability of facilities, universal healthcare for children, and collaboration with the School District and School Superintendent.

President Guy congratulated DCYF for the successful passage in November of Prop D, the charter amendment extending and amending the Children’s Amendment.

6) PRESENTATION OF THE 6-MONTH REPORT ON THE DEPARTMENT OF PUBLIC HEALTH BUDGET FOR FY 2000-01

Monique Zmuda, CFO, presented the second quarterly final projection of revenues and expenditures for the Department of Public Health for fiscal year 2000-01. These projections are based on revenue collected and billed, and expenses incurred for the first six months of the fiscal year ending December 31, 2000. Based on this date, the Department of Public Health is projecting a yearend surplus of $2.2 million for FY 2000-01. This is approximately a $2.9 million improvement from the $700,000 deficit that was reported to the Health Commission after the first quarter of operations. However, based on expected increases to power/energy costs in the current year, the Department anticipates that this entire surplus will be utilized to fund increased energy.

Ms. Zmuda will come back to the Commission with a 9-month report for FY 2000-01.

7) CONSIDERATION OF A RESOLUTION APPROVING THE FY 2001-02 DEPARTMENT OF PUBLIC HEALTH BUDGET

Monique Zmuda, Chief Financial Officer, in response to the Commission’s request, reported the Department proposes to add the Medical High User Project in budget proposal for FY 2001-02. The program would be funded through an increase in MediCal revenues and through a reduction of operating expenses at SFGH.

Ms. Zmuda also presented a proposed resolution with wording to reflect the Commission’s priority and support for contractor COLA’s.

Commissioner Parker stated he does not support a resolution or budget that excludes the contractor COLA’s. Commissioners Chow and Sanchez offered amended language to the resolution as follows: "… the Department will bring to the Health Commission recommendations on how to provide an adequate contractor COLA."

Public Speaker: Richard Heasley, Contractors’ Association, thanked the Commission for the amended language for contractor COLA’s without reduction of services, and for bringing this to the attention of the Mayor and Board of Supervisors.

Note: Carlina Hansen, Director of the Women’s Community Clinic, submitted testimony to include the Clinic in the Department of Public Health budget for FY 2001-02.

Action Taken: The Commission unanimously adopted Resolution #5-01, "Endorsing the Principles of the Fiscal Year 2001-02 Budget, and Approving the Proposed Budget for Fiscal Year 2001-02," with amendments.

8) TIME SPECIFIC AT 4:30 P.M. CONSIDERATION OF A RESOLUTION DETERMINING WHETHER THE AFFILIATION BETWEEN SUTTER HEALTH AND ST. LUKE’S HOSPITAL WILL OR WILL NOT HAVE A DETRIMENTAL IMPACT ON THE HEALTH SERVICE OF THE COMMUNITY

Jack Fries, Chief Executive Officer of St. Luke’s Hospital, introduced the following speakers who provided information and support for the affiliation with Sutter Health.

  • Bishop William Swing
  • Patrick Fry
  • Dr. Larry Wanatek
  • Dr. Samuel Michael
  • Aleeta Van Runkle, Deputy City Attorney, reported City Attorney Louise Renne has real concerns of antitrust implications of this affiliation and is exploring the possibility of filing an antitrust lawsuit against Sutter Health.

Note: Commissioner Monfredini left at 6:00 p.m.

Public Speakers:

  • Marisa Hildebrand, Health Access, concerned about the acquisition and the lowered amount of charity care; Sutter Health is not the only answer; Sutter disregarded its promises.
  • John Borsos, SEIU Local 250, stated Sutter Health has a troubled track record; good people are saying bad things about Sutter Health; described track record of Sutter Health at CPMC.
  • Rev. Jan Cazden, St. Luke’s Hospital, implored to continue St. Luke’s; described examples of paying for supplies.
  • Kathryn Donohue, St. Luke’s Hospital, supports affiliation; described examples of employees buying products for patient care.
  • Carol Ruth Silver, community activist, stated without affiliation, St. Luke’s will close; begged for support for affiliation.
  • Riva Enteen is concerned about care for the uninsured; look for another solution when the Sutter Health track record is bad.
  • Alana Clifton is concerned a monopoly can cut competition; may not be a long term commitment.
  • Jerry Threet said safe staffing levels are needed to deliver quality health care; make sure of an enforceable agreement.
  • Wendy Vielman, student, says Sutter Health is not a s savior but is a corporation; shows interest after lawsuit was submitted; urged to bring in Attorney General; put guarantees in writing.
  • Eric Mar, member of Board of Education, expressed concern on impact on immigrants; preserve St. Luke’s.
  • Bob Planthold, Disability Democratic Club, concerned about no restrictions on the affiliation; get it in writing.
  • Rev. Tomas Hernandez supports St. Luke’s availability to low income people; put in writing guarantees that could be enforced by law.
  • Roger Cardenas supports affiliation if not other proposal is offered.
  • Sarosh Kumana feels the closure of St. Luke’s would be a loss; preserve it through Sutter Health.
  • Eduardo Palomo, S.F. Day Labor Program, wanted to know whether or not Latinos in the community would be served.
  • John Linden, St. Luke’s employee, expressed the urgency for change; personnel are paying with their own credit cards.
  • Richard Marquez opposes takeover; founder of Mission Antidisplacement Coalition; implores this corporate crime; call on the State Attorney General.
  • Nora Roman, ECSPH, is a Mission resident; opposes affiliation without written legal requirement to ensure quality care; meet with Attorney General and do an impact study; health for one is health for all.
  • Mark Lopez, President of S.F. Hispanic Chamber of Commerce, supports affiliation; Board is in full support; save St. Luke’s.
  • Zoe Robinett stated St. Luke’s cannot operate with a deficit; can’t continue to provide charity care without funds; supports affiliation.
  • Tony Sacco referred to resolution on historical level of charity care; should use legal language; go back to City Attorney.
  • Rene Saucedo opposes corporate takeover of St. Luke’s; described day laborers’ needs who need culturally sensitive and linguistically competent services; impose community accountability through the State Attorney General.
  • Don Bechler doesn’t want Sutter Health in the neighborhood; don’t turn St. Luke’s over to a bad corporation.
  • Andre Weston, Tabernacle of Faith, said the main issue is love; make right decision based on your heart.
  • Eulalio Frausto, attorney, concerned about his workers comp clients; described his clients; St. Luke’s is needed.
  • Daniella Garcia, youth in Mission District, wants St. Luke’s to be kept open by community intervention.
  • Cheryl Perez, CHALK, says St. Luke’s is a safe place to go for health care.
  • Douglas Lam thanked St. Luke’s staff; described merger between UCSF and Stanford; pay attention to universal health care; look for guarantee.
  • Pedro Rios said this is a corporate agenda and greed; Sutter Health is representative of corporate mentality and would be detrimental; have State Attorney General come up with a legal document.
  • Barbara Blong called for an enforceable guarantee by Sutter Health.
  • Aroza Simpson said time and money are needed; City must have monies to give to St. Luke’s; look at an antitrust suit.
  • Johnson Hor, Asian Pacific Justice Institute, says to negotiate terms; community needs St. Luke’s.
  • Mauricio Vela, Bernal Heights Neighborhood Center, said if the affiliation goes forward, need a guarantee, local control, and charity care.
  • Catherine Cusick, St. Luke’s, gave example of patient care at St. Luke’s; wants hospital to remain as an acute care hospital; have not heard proposals from the City; going with the County is impossible.
  • Pam Dannenberg, St. Luke’s, wants St. Luke’s in the neighborhood; supports affiliation to keep St. Luke’s open.

Commissioners’ Comments:

  • Concerned about what will happen after affiliation; affiliation is detrimental
  • Inquired about the impact on St. Luke’s if the State Attorney General does not allow affiliation to go forward
  • Thanked all participants in Prop Q hearing
  • Noted that no application process to Attorney General has started
  • Information in the application would assist in the determination
  • Need for more guarantees on charity care; why can’t an amount be specified? Need for specific percentages or numbers
  • Public needs to be given assurance on the level of charity care
  • Need to see settlement documents and the application to the State Attorney General; need to see the Sutter Health commitment
  • Need to see in a letter the specific commitment to charity care

Dr. Katz expressed his disappointment that Sutter Health and St. Luke’s would not disclose to the Commission the settlement agreement as a result of the lawsuit.

Commissioner Chow made a motion, seconded by Commissioner Umekubo, to continue this item to sometime in March. The motion failed, with Commissioners Chow and Umekubo voting in the affirmative; Commissioners Guy, Parker, Sanchez and Jackson voting no.

Action Taken: The Commission (Guy, Chow, Jackson, Parker, Sanchez) adopted Resolution # 6-01, ""Determining the Affiliation Between Sutter Health and St. Luke'’ Hospital will have a Detrimental Impact on the Health Care Service of the Community."

Commissioner Umekubo voted no.

9) OTHER BUSINESS/PUBLIC COMMENTS

None.

Note: This item was considered prior to item #8.

10) PUBLIC COMMENT ON ALL MATTERS PERTAINING TO THE CLOSED SESSION

None.

A. VOTE ON WHETHER TO HOLD A CLOSED SESSION TO CONFER WITH LEGAL COUNSEL. (SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.11(a).)

Action Taken: The Commission voted to hold a closed session.

The Commission went into closed session at 4:18 p.m.

B. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 AND SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.11(b).

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

PERLITA SORIANO VS CCSF, (SAN FRANCISCO GENERAL HOSPITAL) –SAN FRANCISCO SUPERIOR COURT #313-573, AND ERD GRIEVANCE #86-99-0381

The Commission came out of closed session at 4:29 p.m.

C. RECONVENE IN OPEN SESSION:

1. POSSIBLE REPORT ON ACTION TAKEN IN CLOSED SESSION. (GOVERNMENT CODE SECTIONS 54957.1(a)(2) AND SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.14(b)(2).)

Action Taken: The Commission approved the settlement of $22,500.

2. VOTE TO ELECT WHETHER TO DISCLOSE ANY OR ALL DISCUSSIONS HELD IN CLOSED SESSION (SAN FRANCISCO ADMINISTRATIVE CODE SECTION 67.14(a).

Action Taken: The Commission voted not to disclose any discussions held in closed session.

The meeting was adjourned at 7:20 p.m.

Sandy Ouye Mori, Executive Secretary to the Health Commission