DCH investigation of Narconon of Georgia and its own internal investigation.

[SocialTransparency]

Sent By:
"Christopher Schrimpf" <cschrimpf@dch.ga.gov>     On:   Dec 12/18/12 12:17 PM

The Division of Health Facilities Regulation has completed its survey review of Narconon of Georgia.  You can request a copy of the statement of deficiencies through an open records request to Sharon Dougherty, sedoughe@dch.ga.gov.  There is currently a case pending, so no other documents will be available until the case has been resolved.  The pending case also prevents DCH from commenting further.  In addition, the DCH Office of Inspector General investigation is nearing completion and may be ready for release at the end of the week.

[Mary_McConnell]

Sent By:
"Christopher Schrimpf" <cschrimpf@dch.ga.gov>     On:   Dec 12/18/12 12:17 PM

The Division of Health Facilities Regulation has completed its survey review of Narconon of Georgia.  You can request a copy of the statement of deficiencies through an open records request to Sharon Dougherty, sedoughe@dch.ga.gov.  There is currently a case pending, so no other documents will be available until the case has been resolved.  The pending case also prevents DCH from commenting further.  In addition, the DCH Office of Inspector General investigation is nearing completion and may be ready for release at the end of the week.

Well, this is encouraging..... to me at least. What do you think, ST?

Interesting that you have to ask via Open Records Act for the report which should be posted on the Facilities Database. 

[ethercat]

I must have grown cynical.  I hope they're not just going through the motions so they can say they did an investigation and nothing was found.    I wonder what case they're referring to - one that we don't know about? 

[mefree]

I must have grown cynical.  I hope they're not just going through the motions so they can say they did an investigation and nothing was found.    I wonder what case they're referring to - one that we don't know about? 

I'm cynical too. I'm assuming they are referring to the Desmond case.

In the last few weeks, the disposition of Complaint #GA00112270 of 5/29/2012 has changed several times on the DCH website. Currently, the report shows Narconon of Georgia out of compliance on that date.

At the time of complaint investigation (GA00112270), Narconon of Georgia was not in compliance with Chapter 290-4-2, Rules and Regulations for Drug Abuse Treatment and Education Programs.

[SocialTransparency]

I must have grown cynical.  I hope they're not just going through the motions so they can say they did an investigation and nothing was found.    I wonder what case they're referring to - one that we don't know about? 

I'm cynical too. I'm assuming they are referring to the Desmond case.

In the last few weeks, the disposition of Complaint #GA00112270 of 5/29/2012 has changed several times on the DCH website. Currently, the report shows Narconon of Georgia out of compliance on that date.

At the time of complaint investigation (GA00112270), Narconon of Georgia was not in compliance with Chapter 290-4-2, Rules and Regulations for Drug Abuse Treatment and Education Programs.

 GA00112270 was a complaint pertaining to gross violations of the 2007 agreement between the Georgia DHR and Narconon of Georgia. After findings of non compliance by Narconon of Georgia via the states DCH surveyor, The Georgia DCH retracted the non compliance findings found during the GA00112270 survey.

 Now the DCH is stating on its website that complaint GA00112270 was in fact correct per its original findings of non compliance by Narconon of Georgia? 

 As to my thoughts on the matter? Well, I will have to wait and see what the heck the survey the DCH is referring too in this recent email. I sense there are in fact other complaints being vetted @ this time, hence the "we can't talk about that stuff at the moment" line. As the DCH is not party to the Desmond civil case, I would image they are not investigating said death as that is outside their scope of expertize and enforcement. Just my opinion.

[ethercat]

Maybe someone is suing DCH for allowing bad rehabs to stay in business and harming someone.  Maybe it's even about Narconon. 

That's just rampant speculation and dreaming on my part, but I wonder what court that would be in if it were true.  State of Georgia, Fulton County?

[mefree]

As the DCH is not party to the Desmond civil case, I would image they are not investigating said death as that is outside their scope of expertize and enforcement. Just my opinion.

They may be waiting for the outcome of the Desmond case.

[SocialTransparency]

As the DCH is not party to the Desmond civil case, I would image they are not investigating said death as that is outside their scope of expertize and enforcement. Just my opinion.

They may be waiting for the outcome of the Desmond case.

 Why do you think this? A state agency (DCH) waiting for the outcome of a civil case in order to have an advantage or disadvantage in its enforcement of current codes and/or state law? From a legal perspective, if say the case goes in favor of the plaintiff,how would the DCH benefit or be negatively impacted from an enforcement of current codes and/or state law angle? Or if the case goes in favor of the defendants, how would the DCH benefit or be negatively impacted?

 In my heart, I can only hope the legal entities driving the DCH bus today have a better road map than the one they followed in 2007. Yet my personal experience with said entity leaves me with a very empty feeling! I brace for the worst and hope for the best.

[mefree]

As the DCH is not party to the Desmond civil case, I would image they are not investigating said death as that is outside their scope of expertize and enforcement. Just my opinion.

They may be waiting for the outcome of the Desmond case.

 Why do you think this? A state agency (DCH) waiting for the outcome of a civil case in order to have an advantage or disadvantage in its enforcement of current codes and/or state law? From a legal perspective, if say the case goes in favor of the plaintiff,how would the DCH benefit or be negatively impacted from an enforcement of current codes and/or state law angle? Or if the case goes in favor of the defendants, how would the DCH benefit or be negatively impacted?

 In my heart, I can only hope the legal entities driving the DCH bus today have a better road map than the one they followed in 2007. Yet my personal experience with said entity leaves me with a very empty feeling! I brace for the worst and hope for the best.

I don't see the outcome of this case as giving DCH a particular advantage or disadvantage. However, the outcome of the Desmond case may hold some bearing on any current investigation of Narconon of Georgia. There is much more to the Desmond case than Patrick Desmond's unfortunate death. Investigators should be looking for any trends of incidents that are violations of state regulations.

I have learned not to expect too much from DCH, but always hope that things may change.

[Mary_McConnell]

I must have grown cynical.  I hope they're not just going through the motions so they can say they did an investigation and nothing was found.    I wonder what case they're referring to - one that we don't know about? 

I'm cynical too. I'm assuming they are referring to the Desmond case.

In the last few weeks, the disposition of Complaint #GA00112270 of 5/29/2012 has changed several times on the DCH website. Currently, the report shows Narconon of Georgia out of compliance on that date.

At the time of complaint investigation (GA00112270), Narconon of Georgia was not in compliance with Chapter 290-4-2, Rules and Regulations for Drug Abuse Treatment and Education Programs.

 GA00112270 was a complaint pertaining to gross violations of the 2007 agreement between the Georgia DHR and Narconon of Georgia. After findings of non compliance by Narconon of Georgia via the states DCH surveyor, The Georgia DCH retracted the non compliance findings found during the GA00112270 survey.

 Now the DCH is stating on its website that complaint GA00112270 was in fact correct per its original findings of non compliance by Narconon of Georgia? 

 As to my thoughts on the matter? Well, I will have to wait and see what the heck the survey the DCH is referring too in this recent email. I sense there are in fact other complaints being vetted @ this time, hence the "we can't talk about that stuff at the moment" line. As the DCH is not party to the Desmond civil case, I would image they are not investigating said death as that is outside their scope of expertize and enforcement. Just my opinion.

Well, it seems like things may be going in a better direction...

[SocialTransparency]

 I would like to wish each and every one of you a happy and relaxing holiday with friends and family. All of us are very blessed. It is an honor and privilege to see so many people who post here working for change and justice. On that note I leave you all this!


 

The Department of Community Health (DCH) acknowledges your Open Records Act Request dated December 19, 2012.  You are requesting the following:
 
1.)    “All documents legally available to me in regard to The Division Of Healthcare Facilities Regulations survey review of Narconon of Georgia”;

2.)     “All materials legally available to me in regard to Commissioner Cook in relation to said investigation of Narconon of Georgia”; and

3.)    “All materials available concerning The Office of Inspector General’s investigation of the Division of Healthcare Facilities Healthcare Regulation."
 
Records responsive to your request have been identified and are attached to this email.  These records were readily available and are being sent electronically therefore there is no cost to fulfill your request.  Included in the attachments is: 1) the Investigative Report of the Office of Inspector General; 2) a Deficiencies Report generated by The Healthcare Facility Regulation Division (HFRD) and 3) documents not sent to you previously which are related to Narconon’s application and inspection for licensure.   The attached includes all documents that are responsive to your request at this time.  HFRD declines to produce any other documents in its possession which relate to an ongoing investigation of Narconon by this regulatory agency which may have been created or received by HFRD after September 11, 2012 pursuant to  O.C.G.A. Sec. 50-18-72(a)(4).
 
Please be advised that personally identifiable information has been redacted from the records, e.g. email addresses of non-public employees, FEIN numbers, as well as information relating to the identity of patients receiving drug abuse treatment services or that could lead to the  identification of patients in treatment.  This information is exempt from disclosure pursuant to O.C.G.A. § 50-18-72(a)(20)(A) and the Health Information Protection and Accountability Act (HIPPA).
 
This concludes fulfillment of your Open Records Act Request.  Please advise if I can be of further assistance.
 
Thank you,
 
Christiane Nolton
Legal Administrative Assistant
Office of General Counsel
Georgia Department of Community Health
2 Peachtree Street NW, 40th Floor
Atlanta, GA 30303
cnolton@dch.ga.gov
(404) 463-5291 phone
(404) 656-0663 fax
Reader Advisory Notice: Email to and from a Georgia state agency is generally public record, except for content that is confidential under specific laws. Security by encryption is applied to all confidential information sent by email from the Georgia Department of Community Health.
 

http://alley.ethercat.com/storage/GaDCH/2012-10-26-GaDCH-NarcononOfGeorgiaApplicationAndLicense.pdf

http://alley.ethercat.com/storage/GaDCH/2012-11-13-GaDCH-NarcononOfGeorgiaInspectionReport.pdf

http://alley.ethercat.com/storage/GaDCH/2012-11-19-GaDCH-OfficeOfInspectorGeneral-InvestigativeReport.pdf


 

[BMF]

I read the investigation. 

Sauna IC is not a CAC nor were they working towards being a CAC

No psycho-social assessment done by qualified individuals.  Mary tried but they found she is not qualified.

No treatment planning, no progress notes.  Just what the hell ARE they doing there that is legal?  Look like nothing.

[loriisbored]

why did they change the name of the sauna again? and is anything actually going to happen to narconon now? i love how they play the "i'm ignorant of the law" card.

[BigBeard]

why did they change the name of the sauna again? and is anything actually going to happen to narconon now? i love how they play the "i'm ignorant of the law" card.

Huh? When did Georgia toss the "Ignorance of the law is no excuse." page from their books?

[loriisbored]

oh, sorry, that is partly an assumption on my part. in the sauna report, i saw how mary said i didnt know a few times. that's what i was refering to. i guess i should have said the the ignorance card.

[BigBeard]

No problem. I'm still very disappointed in how this is being handled by the state though.

In my younger days (Much younger!) I lived outside of Macon. There were several instances of MPD officers being killed, or seriously hurt, responding to armed robbery reports at convience stores. The mayor at the time's solution was to put up billboards on the main roads into Macon stating, "Armed robbers will be shot.", with his signature underneath. A strange thing happened after they went up. The next three armed robbers were killed 'resisting arrest' as they exited the convenience store after a robbery. Armed robberies of convenience stores suddenly dropped to zero.

I've expected a strong response to wrong doing out of Georgia ever since, not this farce that seems to be going on where narCONon is concerned.

[loriisbored]

yea, it's as if the state doesnt give two craps about them basically getting away with murder. but i believe when i was there earlier this year, the sauna had a different name, new life detoxification progra..yes, progra. that was on their business license. i asked the supervisor (still the aaron guy then too) about it, and he just laughed like he never noticed the missing m before. odd.

[mefree]

No problem. I'm still very disappointed in how this is being handled by the state though.

Same here.

Members of the PEA core group often keep individual notes during the discussion, but no formal minutes are kept and no report is written.

Why are there no minutes or reports from these meetings?

Surveyors are responding to complaints, documenting violations, and seem genuinely frustrated at the outcome.

Well, that is something.... I still feel like more could be done. The state agencies are probably concerned about a lawsuit.

[SocialTransparency]

HFRD declines to produce any other documents in its possession which relate to an ongoing investigation of Narconon by this regulatory agency which may have been created or received by HFRD after September 11, 2012 pursuant to  O.C.G.A. Sec. 50-18-72(a)(4).
 

http://alley.ethercat.com/storage/GaDCH/2012-10-26-GaDCH-NarcononOfGeorgiaApplicationAndLicense.pdf

http://alley.ethercat.com/storage/GaDCH/2012-11-13-GaDCH-NarcononOfGeorgiaInspectionReport.pdf

http://alley.ethercat.com/storage/GaDCH/2012-11-19-GaDCH-OfficeOfInspectorGeneral-InvestigativeReport.pdf
[/quote]

 No plan of corrections appear within any of the above documents.

[Witnessman]

First of all, Kudos and Congrats to everyone involved! 

The letter to Commissioner Cook (p. 12 of the third linked document) was a great and bold step, and directly led to an in-depth internal investigation that rightly focused on the extensive record in the Desmond case.

This document also answers the questions about how DCH repeatedly made the calls to allow Narconon of GA to continue to operate despite being busted for serious violations over and over for many years.  The decision-makers in the Potential Enforcement Action group simply didn't ever think there was ever enough solid evidence to successfully win a contested legal proceeding.

Given his very uncomfortable interview by Jodie Fleischer of WSB TV ("If they are in fact running a residential treatment facility and they're not licensed to do that, then that becomes a real problem... We'll be taking a very close look at it." http://www.wsbtv.com/news/news/local/state-investigates-narconon-georgia-after-channel-/nSRsC/), the fact that they are now aware of and have readily available more solid evidence than they could ever need or use, and the absolutely unequivocal and irrefutable findings in the 11/13/12 inspection report, Commissioner Cook and DCH are now, finally boxed in.  They must now take decisive action to revoke the license and shut down Narconon of GA. 

This should happen very soon or immediately.  There can be no basis whatever for further delay.  The public welfare demands action.