Showing posts with label Fresno. Show all posts
Showing posts with label Fresno. Show all posts

Wednesday, February 10, 2010

Homecare fraud: you're lucky if you can find it!

Recently there has been some press coverage about homecare fraud with nearly all of it being bad. If we didn't get bad press we'd get no press at all. It seems the nature and cost effectiveness of homecare is horribly misunderstood. If you follow the LameStream media's coverage of this attack on homecare you'd think that the disabled poor and those who care for them are criminals worthy of only the harshest treatment. Following the Governator's line of reasoning one might think were it not for homecare the State wouldn't have a budget deficit at all! Here's an example of the spoon-fed and lopsided thinking that makes my blood boil.

 

This is exactly what we don't need: division among the consumers (clients) as to who is eligible. Having met several homecare providers (workers) and their consumers I can tell you if a consumer is receiving homecare services it's vital to the well-being and happiness of the consumer. My wife is much happier living with me than living in a group home! Homecare is no road to riches for the providers and it saves the State far more than it would spend if it housed every consumer in a nursing home, group home or whatever dungeon they think the disabled poor should be warehoused in.

When legislators and journalists stop blindly accepting what someone else tells them is the irrefutable truth (the Gov tells the Legislature, and the journalists gobble up whatever they hear from Sacramento) and the State attempst to find the fraud, they find much less fraud exists than is reported by the media. In 2007, the Gov stated it was as high as 25%, but when investigated by his own administration it was found to be no more than 1%. Don't get me wrong: even 1% is unacceptable but the way the State is going about reducing fraud is Draconian, and obviously lopsided (which is putting it nicely). For those who choose to abuse the system and steal from both us the taxpayers and us the overwhelmingly majority of honest workers just trying to earn a living, I say hang them up by their ampersand caret asterisk toes in the middle of town.

The money spent to detect and stop fraud is ridiculous in both absolute dollars and when the amount of money recovered is divided into the amount spent finding the fraud in the first place. Here are some examples:

 

Did y'all get that: they spent $3 million to save $315,000! That's $157,894.74 per conviction! I thought the Zombies' dollar-to-vote ratio was out of control but this is ridiculous! A quick run crunching the numbers shows this was a prime example of the State's penny-wise but pound-foolish approach to handling our tax money.
Maximum number of hours that can be assigned to any one consumer: 283 (a 40 work week is 173 hours a month, 283 is ~1.6 times more)
Hourly wage for IHSS workers in Sacramento: $10.40
Months in a year: 12
A years worth of homecare work at the above given wage comes out to $35,318.40
Difference between cost per conviction and maximum payout for one consumer's worth of work (283 x 10.40 x 12=): $110,576.34.

I say (s)he who wastes more money gets required lifetime employment at McDonald's working the drive thru window!

So, yet again way more money is spent than is recovered, but at least the politicians can feel good about their efforts to root out the fraud. Sheesh, does it hurt to be this stupid?

This is not an isolated example of the State's overzealous attack on the poor and defenseless.

 

So as you can see the State is very concerned about the 0.2% (NOT 2%!) in over-payments in Fresno county, the State's leader in homecare fraud detection, prevention and conviction and the only way they can see to fix the problem and punish this despicable and very small group of scamming "caregivers" is to take us all down. Make the poor poorer (reduce us to minimum wage), punish the innocent (fingerprinting for all), surely that will solve all our problems!

So to combat this problem they've written the "improvements" below into law. As far as I know they have yet to figure out how to implement these new laws. What the State has in mind is indeed punitive:
  • checks can't be mailed to P.O. boxes (which is a bummer because in my neighborhood, a P.O. box is an excellent way to prevent identity theft)
  • fingerprints for both the provider and consumer put on each timecard (Who pays for the ink? Who is charged with matching 800,000+ fingerprints to people on a semi-monthly basis? What if a consumer doesn't have (accessible) thumbs? Whatever happened to "innocent until proven guilty"?)
  • State required but not funded fingerprinting for both consumers and providers (and where were the Zombies when these proposal became law? Busy fighting with members, again!)
  • unannounced home visits (Which seem to be in violation of  multiple homecare contracts about the consumer's right to chose whom, how and when someone enters their home.)
Seems like overkill doesn't it?

A few things need to be said about fraud:
  • fraud is wrong, no matter the justification or significance
  • those who commit fraud, both providers and (living) consumers must be punished
  • the rest of us who aren't committing fraud need to be left alone, no fingerprinting at our own expense to prove our innocence
  • the folks handling the timecards (counties) and the folks who cut the checks (the State) need some simple checks to be put in place, specifically:
  • no checks for the consumers known to be deceased (except for consumers who passed away mid pay period)
  • no checks for providers or consumers who are in jail
Had the counties and the State been checking for this all along who knows how much money could have been saved. Consider the lack of seething animosity that could have been avoided. The oft reported, but grossly exaggerated costs of IHSS fraud could simply never have happened but for that you'd need a state that cares for it's elderly and disabled poor, instead of taking every possible action to move us both ever-faster into the grave. Even when these fraudsters are caught it's a great expense to the State and the money is not always recovered.

Fortunately for us all the writing of a few bright minds makes it's way to the Op-Ed sections of our newspapers and blogs.


Indeed, this is a rare voice of reason is a sea of stupity.

Monday, November 30, 2009

The real Red Revolt, Fresno style!

Watch the video, it speaks for itself. I have a whole new respect for Carlos Martinez. The fella shown below, John Wilkins, is an amazing guy. I met his at the State capital in the summer and again when down in Fresno helping the Red Team fight the Purple Plague. He's not one to mince words.


Thursday, November 12, 2009

62 pages of smoking gun goodness

Remember my earlier post about how the hammer was about to be dropped on the UHW camp? Well here it is folks, NUHW has the goods on SEIU's criminal and frequent misdoings in Fresno. Packed full of legal defenses of NUHW's claims against the Zombies, declarations by both NUHW staff and former Zombie staff members (whom implicated themselves in an attempt to come clean). The good stuff begins with declarations from a few IHSS workers who had the courage to step forward and describe the hell they went through because of the Zombies, and of course the smoking gun itself: "Winning in Fresno: Some Tips for Success" (last page of the lawsuit).




So first off is a Table-O-Contents, using the page numbers shown when viewing the documents as a PDF. A print out will not show the page numbers I have listed below. Exhibits 1-5 not in this document.

Section
Pages
Summary by NUHW

1-3
Response to the Zombies "position paper", proof of service
4-10,11
Exhibit 6: Defense of election results as seen from the Department of Industrial Relations, "...and the winner is:"
12, 13-14, 15
Exhibit 7: Signed Supplemental Declaration from NUHW Director of Long Term Care Division John Vellardita
16, 17-19

Exhibit 8: Signed declaration from Carlos Martinez, former Zombie staff member
20, 21-26

Exhibit 9: Signed declaration from Andriana Gomez, Fresno IHSS (homecare) worker
27, 28-29

Exhibit 10: Signed declaration from Sheri Davis, Fresno IHSS worker
30, 31-33
Exhibit 11: English declaration from Patricia Barbosa Rodriguez, Fresno IHSS worker
34, 35-37
Spanish to English translation certification from TransPerfect for Rodriguez
38
Rodriguez's signed original declaration in Spanish
39-42
Exhibit 12: Signed declaration from Mary Townsend, Fresno IHSS (homecare) worker
43, 44-46
Exhibit 13: English declaration from Irma Orozco Fresno IHSS (homecare) worker
47,48-49
Spanish to English translation certification from TransPerfect for Orozco
52
Orozco's original declaration in Spanish
53-55
Exhibit 14: Signed declaration from Richard O'Brien, SEIU staff from SEIU Healthcare PA (Pennsylvania)
56,57
Exhibit 15: Signed declaration of Alexandra Early, SEIU staff from the Fresno fight
58,59-60
SEIU's very incriminating handout: "Winning in Fresno: Some Tips for Success".                                                      
61-62

Whew! Ok, that's done so let us dig in to this pile of garbage and see what juicy nuggets of Zombie fear-mongering we can dig up.

It appears that all the reports on PerezStern and ¡Adios Andy! were right on the money. Was there ever any doubt in your mind?

In one of it's more desperate moments the Zombies tried to challenge the PERB's (Public Employees Relations Board our equivalent of the NLRB, the National Relations Board) "jurisdiction to resolve the allegations raised by NUHW". What the...? Huh? Isn't that like a criminal trying to convince a cop that she doesn't have the authority to arrest the criminal? Since when does SEIU get to the the PERB where and how to do it's job?

NUHW supports its reasoning with a quote from the Meyers-Milias-Brown Act (MMBA). Section 3309(c) states: "unfair practice charges made during an election shall be submitted to the Public Employee Relations Board for resolution." Hah! Take that you misquoting-for-your-own-gain criminals! Never fear: the Zombies will misquote again, keep reading!



Nearly a month after the election, the State Department of Industrial Relations sealed the fate of 10,000 fellow homecare workers in Fresno was sealed. I wish I knew at the time the Zombie had similar plans for Sonoma homecare workers.



Can you imagine how the ruse pulled on Mr. Roose is going to backfire on the Zombies?

Ok get ready to kick it up a notch. Below is Vellardita's (partial?) laundry list of complaints against SEIU. For those playing along at home mark this on your score card and check them off as further proof of SEIU bully-the-workers-party in Fresno sees the light of day. For the party hardy readers: drink 1 shot of the good stuff for each claim that proves to be true in the coming months. As soon as I know it will be here on the Red Revolt within hours.



But what good is a claim without substantial evidence to back it up? Enter the signed declaration of former (and quite remorseful) SEIU interloper and scab Carlos Martinez. While here in California, his boss Rebecca Mahlberg subtly  instructed him to work against the good of the homecare workers they were so desperate to "represent". Here Mahlberg shows what she is really made of, and it's not sugar and spice and everything nice!





Just words so far, right? It's illegal for an union employee or volunteer under their direction to handle a ballot or the envelope, period. Can words describe the reprehensible actions of the union we all pays dues to?

At one point in the campaign the Purple Plague needs someone for on the spot Spanish to English translations. Who does it? Martinez. What do they do after translation? Well, this is their first major assault on unrepresented workers so they weren't taking any chances on playing a fair game, so I'm sure you can figure out what happened to at least one translation.



Ok, so I found some words. Unmitigated arrogance, and brazen inhumanity to fellow man. So a college educated white woman sees fit to act like a child? I can't imagine what kind of social criminal works for SEIU when oppression like this happens. This appear to be a turning point in Martinez' understanding of the kind of morally corrupt outfit he is working for. I applaud him for trying to get the word out, but as you can see when your dues money goes to elect a president it's very hard to get anyone to investigate that same union.


 
Note the 3 federal government officials that didn't act on Martinez's pleas for help. How much abuse must the workers endure before somebody in power steps up?! Good thing we have some on our side! Go Red team!

Here are several clips of workers having their voting supervised and the accompanying harassment. To follow a  worker to the post office is both a sign of desperation and downright creepy, so is the supervised voting, initialing ballots, persuasion to change their vote, etc. For any vote any where it should be done alone, with help from any party on the ballot. SEIU doesn't see it this way as shown here.

From Fresno IHSS (homecare) worker Adriana Gomez's declaration (translated from Spanish):



From fellow Fresno homecare worker Sheri Davis.



Creepy, huh? Unfortunately for these workers SEIU "forgot" (see below) to tell them that benefits are negotiated by but not administered by the union. They go step further in the next quote. In it, they claim to be able to reduce a consumer's (patient's) hours as punishment for not voting for SEIU, yet I am certain that in every contract SEIU has negotiated in California for homecare providers (workers) in California including here in Sonoma county, the consumer's determines who to fire and hire. They are using the ignorance of the members against them. Is that union you'd vote for?

From Patricia Barbosa Rodriguez (translated from Spanish):


I've always believed that in a fight the loser always fights harder, and they are fighting pretty hard to keep what they should have lost.

The end is near folks: for both this entry and the Purple Plague.

Ok everybody the bullet is in the chamber now. Read this declaration from a former staff member to get an inside look on the trickery the Purple Plague pulled in Fresno.



From Alexandra Early, O'Brien's subordinate.



 Finally, here is the smoking gun. Enjoy!

 

 


Wednesday, November 11, 2009

Wall Street Journal: New Salvo Fired as Unions Battle Over Workers

For the Wall Street Journal's perspective on the Fresno fight, read here.

Irrespective of which union you favor or how you feel about organized labor, this much can be said about this absurd fight for representation: if SEIU had a decent approach to organizing and member representation we wouldn't be in this mess. In fact, their strategy is to grow for the sake of growth by adding members as fast a possible then leaving them to fend for themselves. How do I know? Just ask any homecare worker, anywhere or any UHW member that has had a contract renegotiated since SEIU hijacked our local in January 2009. SEIU is not good for workers and not good for America, no matter how you slice it.


Wall Street Journal: California Labor Wars

Well now the Zombies cover has been blown! Finally, an SEIU staffer had the courage and decency to step forward with his recollection of what he and likely all of the other scabs in Fresno were asked to do against their own sense of decency. What we all suspected happened in Fresno has been written up in the Wall Street Journal. I wonder how the Zombies will play this one down and if another election for Fresno homecare workers in the works. I say save everyone a whole bunch of trouble and just let the battered homecare workers of Fresno have what they wanted all along: NUHW!