Bob Sparks
Each week, state and federal courts in Florida process and adjudicate thousands of lawsuits. Some are frivolous while some have larger implications, or perhaps garner some national attention.
With the ongoing tragedy, and that is precisely what it is, involving the U.S. Veterans Administration, expect courtrooms to be busy handling cases of veterans treated badly. Florida is already on the docket.
On June 5 Gov. Rick Scott directed the Florida Agency for Health Care Administration (AHCA) to sue the Veterans Administration for blocking state access to VA facilities located in Florida. A federal court in Tampa will decide the case.
With revelations of possible VA misconduct involving wait times and patient care, the state sent inspectors to six VA facilities: West Palm Beach, Bay Pines (Pinellas), Miami, Lake City, Gainesville and Tampa. Inspectors tried for a second time at Gainesville. The VA denied access every time, prompting the suit.
The 22-page petition said the VA expressed “adamant opposition” to any inspections. Gov. Rick Scott and AHCA Secretary Elizabeth Dudek received letters stating federal facilities are “generally not subject” to state laws. The petition also claims the VA refuses to “meaningfully” respond to federal Freedom of Information Act requests.
The state’s actions can be perceived in two ways.
First, we can look at the legal arguments.
A federal judge may rule Florida has no standing in federal court. It is true AHCA neither licenses nor directly oversees VA medical facilities. Among AHCA’s responsibilities is overseeing and licensing the state’s 45,000 health-care facilities.
The state argues “(m)edical facilities in Florida and throughout the United States are subject to significant inspection by state and federal authorities such as AHCA and (Centers for Medicare and Medicaid Services).” The VA would likely agree with that statement, but then says state oversight does not apply to federal medical facilities.
Florida was wise to include two human victims of any alleged misconduct by the VA. Part of the petition alleges plaintiffs Nancy Hall and Roland Dickerson and family members were denied their constitutional rights by actions, or inactions, of the VA. Cancer and heart problems are at the center of their complaints. It should be more difficult to argue Hall and Dickerson lack standing.
Second, the political argument, made in the court of public opinion, is broader and need not follow general rules.
If I could draw worth a lick, I can envision the political cartoon of a silhouetted, skeletal figure with “VA” on his cape blocking the entrance of a hospital to elderly veterans in uniform.
Even if a federal judge dismisses this case without a trial, state government can easily be portrayed as doing everything it can to help veterans and their families. Some of us wondered among ourselves if Scott, a Navy veteran, and Dudek considered marching to the front door of the Gainesville facility demanding access. The visuals of such an event, no matter what happens, would be priceless.
Recently, the VA released statistics concerning the numbers of new patients seeking care at the various facilities, along with average wait times over the first six months of the current fiscal year. The VA acknowledges the wait times are called into question.
The facility showing the greatest increase nationally is the Orlando facility with 7,405 new patients and an average of 32.5 days to receive treatment. Perhaps AHCA should try to get in there as well.
The second highest is the Gainesville facility with 6,603 new patients and an average wait time of 50.8 days. A VA audit released this week revealed problems far worse than first expected.
State Rep. Jeff Miller of Pensacola deserves a shout-out for his role, and that of his House Committee on Veterans Affairs, in bringing these problems to the nation’s attention. We are learning manufactured wait lists existed in order to secure bonuses for certain VA hospital administrators.
State employees in Florida should take note of that fact. While they justifiably seek pay raises for the work they do, their federal brethren apparently put lives at risk for more take home pay.
Polls show broad bipartisan support for fixing the VA problems. It would be great if a Florida pollster would seek public opinion on the state’s action regarding the lawsuit. Some will consider Scott’s and AHCA’s actions in the best interest of veterans while some will call it strictly political.
Responses would provide interesting stories one way or another, but if I’m a veteran needing medical care for which I am entitled, my response is contained in two words:
Who cares?
Bob Sparks is a business and political consultant based in Tallahassee and a veteran of the U.S. Navy. Column courtesy of Context Florida.
