Tuesday, January 31, 2012

Whistleblowers Expose FDA's Illegal Surveillance Of Employees

Whistleblower Protection Blog has;

Whistleblowers Expose FDA's Illegal Surveillance of Employees


FDA Spy Program Documents Linked Here

As reported in today's Washington Post, six current and former employees of the Food and Drug Administration (FDA) have filed a complaint against the FDA in U.S. District Court. The employees are seeking an injunction to stop the agency from illegally spying on employees' private communications to Congress and other oversight agencies.

Linked here are key documents related to this lawsuit and the FDA's spying program.

The complaint details how the FDA targeted its employees with a covert spying campaign that lasted for two years. The FDA began the program after learning that the employees wrote a letter to President-Elect Obama and his transition team in early 2009 detailing government misconduct in approving unsafe medical devices. The Agency installed (or activated) spyware on their workplace computers and used other technology that to monitor their password-protected Gmail-to-Gmail communications.

In addition to reading the whistleblowers' emails, the FDA took contemporaneous screen shots of the employees’ computer screens. Managers used the collected information to learn the identities of confidential whistleblowers and to obtain the details of the public health and safety concerns the whistleblowers intended to disclose to the Office of Special Counsel, Congress and the Agency's own Inspector General.

The FDA also intercepted email communications to and from staff members of the House Committee on Energy and Commerce and the Ranking Member of the Senate Finance Committee. These Congressional intercepts are linked here.

The FDA’s prolonged covert monitoring of the whistleblowers continued even after the HHS Office of Inspector General denied the FDA’s request to take any criminal and/or administrative action against the whistleblowers. In their letter of refusal, the OIG explicitly informed the FDA that the whistleblowers' communications to Congress were protected under law.

The managers who spearheaded the surveillance efforts were the same managers involved with the wrongdoing and corruption that the whistleblowers were seeking to report. Lawyers at the FDA and HHS Offices of General Counsel, who should have understood that the program breached the employees’ confidentiality, helped FDA managers with their obstruction and retaliation.

In their lawsuit, six FDA whistleblowers who were fired by the agency (including two highly respected medical doctors, a Branch Chief, a former Health and Safety Officer employed by the Public Health Service and a 23-year FDA career M.D./Ph.D Scientist) are requesting a nationwide injunction prohibiting the federal government from targeting whistleblowers with selected surveillance and monitoring.

The lawsuit alleges that such targeted monitoring of whistleblowers violates their First Amendment rights of freedom of speech and association.

Stephen M. Kohn, NWC Executive Director and attorney for six FDA whistleblowers, issued the following statement:

The FDA declared war on employees who were trying to warn Americans about threats to public health and safety.

The federal government cannot---and should not---spy on whistleblowers. The First Amendment prohibits targeting whistleblowers and selectively monitoring them using highly intrusive electronic surveillance without a warrant.

Targeting the employees who raise health and safety concerns---or who try to report waste, fraud and abuse to the proper authorities---will have a massive chilling effect on employees.

The FDA's illegal spying program is not just a problem for the six victims in this case. The day we allow the government to spy on employees based on their lawful whistleblower activities is the day we give up privacy for every honest public servant in America.

If permitted to stand, the FDA's whistleblower surveillance program will be used by government agencies throughout the United States to silence employees who want to report misconduct. Those who are not silenced will be subjected to years of intrusive covert spying designed to dredge up embarrassing information that the agencies can use to destroy the whistleblowers' reputations and careers.

Today, the NWC issued an Action Alert seeking public support for the FDA whistleblowers and demanding an end to the federal government's targeted and selective surveillance of whistleblowers.

The NWC obtained the intercepted emails as a result of a lawsuit filed under the Freedom of Information Act and from documents produced by the FDA as a result of administrative actions taken against three of the whistleblowers.


FDA Whistleblower Complaint

Thank You, Whistleblowers Protection Blog

Wednesday, January 4, 2012

OIG; Barred Physicians Prescribe $15 Million In Drugs

Fierce Healthcare has;

January 3, 2012 — 12:03pm ET | By

The Centers for Medicare & Medicaid Services (CMS) has allowed physicians who are barred from prescribing under Medicare Part D to prescribe more than $15 million worth of drugs, according to the Office of the Inspector General (OIG).

On top of that, CMS accepted nearly $2 million for prescriptions that may have been written by providers excluded from Medicare part D because of past criminal offenses, according to a new OIG audit of prescription drug event data from 2006 through 2008.

Inadequate internal controls enabled excluded providers to prescribe millions of dollars in drug benefits. For example, CMS accepted state license numbers as prescriber identifiers instead of unique national provider identifiers. The agency also failed to establish an edit to reject prescription drug event data written by barred providers.

To recover the $15 million in improper payments, the OIG recommends CMS reopen final payment determinations from 2006 to 2008 and eliminate prescriptions written by providers excluded from Medicare Part D.

In response to the audit, CMS said it began giving monthly Medicare Exclusion Database updates, which include national provider identifiers, to private prescription drug and Medicare Advantage plans in July 2011.

However, OIG urges CMS to ensure the Medicare Exclusion Database includes all of the identifiers associated with every excluded provider in order for private prescription drug and Medicare Advantage plans to accurately identify those providers that have been barred from the program.

To learn more:
- read the OIG
report (.pdf)

Related Articles:
Questionable doctor continued to prescribe drugs illegally after conviction
FL nurse practitioners fight for right to prescribe controlled substances
HIMSS: Reluctant prescribers are the biggest barrier to e-prescribing adoption
Doctor illegally prescribed steroids to police officers, firefighters

Thank You Fierce Healthcare and Ms Caramenico

Tuesday, January 3, 2012

Horse Ranch or Horse Shit? UCSF Citywide Case Management

Return with us once again to those Golden Days of Yore, (as in Yore American Express Gold Card) where The Marx Brothers met The Invisible Psychiatrists and their Invisible Hospitals, at San Francisco City Hall.

Dr FG Lu and the San Francisco Mental Health Board June 13, 2007

Member of the Public: “Hi, my name is Sheri Erlinson. I’m from the Citywide Case Management Forensic and Forensic Linkage Project. When I came to San Francisco, I was homeless and everything else, you know. And I’ve been in 16 different programs here. I know what they’re all about. The ADUs I’ve been to are very nice programs. I’ve been in San Francisco General Hospital 38 times, and they’ve helped me each time I was there.

Why would they cut this budget down? Because, you know, I’ve even been in jail because they didn't know where to put me. My friends at Citywide Forensic are asking, what are we going to do when they’re going to close General. What are we going to do, you know? And I don't know what to tell them. You know, I’m just a client like they are. They’re just so worried about what happens. What are we going to do next, you know?

There’s going to be a lot of homelessness and then there’s like the pregnancy. I almost had my son in a program. They take care of programs very well and I don’t think they should be closing down General or any of the hospitals, you know. I already know that Davies closed their program now, which I didn't think was right, because I had an ex who used to go to that hospital, and they helped her out very much. I’ve had lots of friends of mine go to these different hospitals. They needed it. And I know they’re overcrowding hospitals and also boarding, ADUs because they’ve got so many people in jail now waiting to get into an ADU. Two to three months waiting. They’re in jail waiting for an ADU for two to three months, and it really just hurts me to see them. Every week someone goes to the judge, and the judge says ‘you can’t go to an ADU because they’re still trying to get the people out of General’. That’s how bad the system is now. What’s going to happen when General completely shuts down to these ADUs? It’s going to be overcrowded and more people are going to go to jail. There’s going to be more people who are homeless. They’re going to be all in the Tenderloin, you know. I’ve been in the Tenderloin. It’s no good. That’s all I have to say.”

[Ed; That’s actually Not all that Ms. Erlinson had to say because just a few minutes later she’s Back to tell everyone how she’d like to think of herself as “Not Just Another Criminal.”]

Dr. Turner: “Any other Board Members want to comment? Let me open this for public comment related to our presentation on the updated report. Are there any members of the public who would like to make a comment? There is a three-minute time limit.”

2.3 Public comment relevant to Item 2.0

Member of the Public: “Hi, my name is Sheri Erlinson. When I first came to San Francisco nine years ago, I didn't have food or housing. I made poor decisions because I didn't have the right psychiatrist or the right meds. I’ve been hospitalized. I got referred to Citywide by SOMA because I’ve been hospitalized too many times in another state. I have not been hospitalized since January – February 2005 because I’ve become stable on my meds.

I pled to a crime that I did not commit in 2004 so I could get out of jail. I got in trouble for violating my probation many times from 2004 to 2006. In May, I got arrested and sent to jail for two months, then I got into Behavioral Health Court (BHC) where I met Monica, my caseworker. I like Behavioral Health Court because they allow me to work on recovery and not as punishment. I can think about myself as a success and not just another criminal.

My goals right now are to become my own payee, to deal with my fears, to have my own housing, and to own a horse therapy ranch for people with mental illnesses. Citywide helps prepare me to do these things. I have been sober for one year, and I have accomplished more goals in my treatment plan this year than the year before. Thank you.”

Dr. Moses: “For the Executive Committee consideration, I’d like to see if we can invite Jeff Adachi, Public Defender, to come and talk about the wonderful program he has in expunging criminal records.”

[Ed: Is Mr Adachi’s program similar to the wonderful Statewide, 14th Amendment Violating, California Physician Diversion Program (and CSAM) which Expunged the Records of about Half of the drunk, doped up and Incurably Sick in the Head Doctors Ca. had, until 2008 when it snuck off into the night rather than risk being ‘Interviewed and Diagnosed’ yet again as a 6 Time Loser rather than the 5 Previous Audit Failing Loser it already Was?]

see Anderson Cooper @ CNN:

Patients Say Their Surgeon "Butchered" Them

"Five audits of the program since 1982 found all kinds of failures. Even the drug testing of doctors wasn’t random. One auditor told me the doctors could anticipate on which days they’d be drug tested."

Dr. Turner: “Okay, thank you. We’ve got that noted for the record. Any additional things for us to consider? Okay, is there any public comment relevant to this item where we talked about new business? And then there’s going to be another opportunity for public comment about anything before we close.“

4.6 Public Comment to Item 4.0

Member of the Public: Hi, my name is Sheri Erlinson. I am going to be encouraging at Citywide all the patients who do not want PES to close the hospitals and stuff. I will hold a petition and bring it down to you guys and then next Wednesday or Thursday, whenever the public meeting is. I will bring a group of Citywide people.”

Ed; Ms Erlinson “Violated her probation Many times, and pled guilty to a crime she didn’t commit to get out of jail.”

“My goals right now are to become my own payee, to deal with my fears, to have my own housing, and to own a horse therapy ranch for people with mental illnesses. Citywide helps prepare me to do these things.”

And how much Public Money was Citywide contracted for, in the year following this pile of “Horse Therapy” they let Ms Erlinson feed herself?

It’s under Regents UC

Total FY07_08 Contract Amount


Between 16%-18% of America can’t find a Job because of Waste, Fraud and Abuse of Tax Payer dollars by feel good Bloat like UCSF’s Citywide Case Management.

Where were the unemployment numbers Before our Current, Glorious President’s Debt Ballooning, “We Need a Government Takeover to Help Our Own” Compassionatarians took over both Houses of Congress?

US Dept of Labor yearly unemployment averages

Ms Erlinson had an actual Snowball’s Chance in Hell of ever owning a “Horse Therapy Ranch for People with ‘Mental Illness” (what Ever That is) and the Grifters at UCSF’s Citywide knew it, Unless of course Federal, State, & Local Governments created even More unemployment by raising taxes yet again to Buy her that Horse Ranch. (The way Sacramento's Special Interest owned Grifters Raised Taxes in Nov 2004 to buy More Piles of Horse Therapy: see Prop 63)


Prop MHSA/63 imposed a 1% Tax on Million Dollar Incomes. It was projected to take in $750 Million to ‘Diagnose’ & ‘Treat’ up to 2.9 Million Californians to a Serious ‘Mentally Ill’. At 2.5 Million that’s $300 per head per year. MHSA/Prop 63 also postures about Stigmatization of those 2.5 million, by the remaining 34.5 Million Californians.

$750 Million would provide a whopping $21.74 per head to Stigma Police those 34.5 Million potential Stigmatizers through all 365 days of potential Stigmatizing, with ZERO left over for Diagnosis & Treatment of the prime 2.5 Million Stigma Targets being sold a Serious “Mentally Ill.”

So what Happened with this thinly disguised Initiative?

Dr. Bob Cabaj’s CBHS has a Directors Report from Sept 10, 2008:

We Quote, bottom of pg 2 & top of pg 3

5. Mental Health Service Act (MHSA)


“Rose King, a former member of the drafting committee of the original ballot measure

Proposition 63, has leveled some sharp criticism in the way the Mental Health Services Act

Has been, in her opinion, mishandled by the Department of Mental Health after its first four years following its passage (“Mental Health Act Doomed by Initiative Origin” – The Sacramento Bee, August 11, 2008). She blames the State for sitting on $3.2 Billion in new revenue while only $726 Million have been distributed to the counties due mainly to a “complicated, expensive and unnecessary bureaucracy invented by the DMH.” The other major ailment of the MHSA is “the DMH policy creating a two-tier mental health system, giving priority to funding new programs rather than improving the existing system,” according to Ms. King.”

And Ms. King never saw it coming. $300 per head to involve her Opinion in 37 Million Californian’s lives through Penalizing California’s Job Creating Millionaires.

And (2007-2008) at pg 4 paragraph 2 of;


We find Prop 63’s Mission Objective being Redefined, ….. Right, ….. Out of the closet.


Mental Health Service Act (Prop 63) Stipend Program Internship

….. A key objective of the MHSA is to increase the quantity and quality of trained persons available for employment in the public mental health system and encouraging development of a diverse workforce. Toward this aim, California’s Department of Mental Health has partnered with the California Social Work Education Center (CalSWEC) to establish competitive stipend program for graduate students enrolled in schools of Social Work across the UC system.

UCSF Citywide was contracted with Another $4,778,496 in FY07_08, ….. After, … it had Already Bought that pile of Horse Therapy it fed to just another criminal who Violated her Probation Many Times and was ‘Treated’ at SF General Hospital 38 times while being shuffled through 16 Programs, after being “Hospitalized too many times in another State”.

And how does one get “Hospitalized Too Many Times in Another State”?

Did that other State ask her to Leave because she used up her ‘Mental Illness’ Get out of Jail Free Cards?”

Or did perhaps Ms Erlinson also Violate her Probation Many Times in that other State to the point of that other State issuing a bench warrant to pick her up?

IF we knew what the Names of All of her 16 SF Programs were:

RAMS: Cultural Crapulence In San Francisco

along with all the SF General/Govt. Owned Hospital visit Behavioral, Mystic Psy-ence BILL padding added on, Ms Erlinson’s ‘Treatment’ probably cost more than Lee Majors himself, ….. as the $6 Million Dollar Man.

Just another criminal. And Who is Paying all those Other Public Money Mooches who would also like to think of themselves as “A success, rather than just another Social Justice peddling Judge Dredd?

I AM The Law! A Paramedic Has Them Locked Up

And the Content of Ms Erlinson’s 16 ‘Integrated’ Programs is?


Any questions about Why 38 trips to SF General Hospital and 16 Programs completely failed to ‘Cure’ her?

I’ve been in San Francisco General Hospital 38 times, and they’ve helped me each time I was there.

SF General ‘Helped Her’ to do What? Give her 38 More ‘Dual Diagnosed’ ZiaLogic, Medicare and MediCal wasting excuses to keep her Out of Jail?

Now; The Purpose of City Hall’s having Ms Erlinson on board to enter Her remarks into the record becomes a question of tantamount importance.

Was she there commenting:

A: To illustrate how vitally important the “Important Work We’re Doing” to quote Dr Bob Cabaj, was?

Aa: And if so, must we assume that that “Doing” was to Illustrate that all of those Millions of everyone Else’s Money was a Life’s Blood/Funding Grubbing Therapeutic, “Important”?

B: Because she just Wandered in off the Street (or was delivered by SFFD EMS enroute to her 39th visit to SF General Hospital).

Ba: Her turning up impromptu isn’t bloody likely, but we wouldn’t put BILLING the City for Ambulance delivery past them. Then again, the Fire Commission Minutes from August 9, 2007 don’t show the SFFD running into any parked cars in front of City Hall on June 13, 2007, but Unit E21 did hit a parked motorcycle (and unfortunately they didn’t divulge the address).

Now if you find it inconceivable that an E21 for Engine/Fire Truck could be involved; In SF at closing time, …… 1, Single, thrown fist in a nightclub Has summoned, as SOP, between 7-9 Police Cruisers, a Big Box Ambulance, … AND, …. A Full, Fire Truck. That's right: 2 Drivers: 1 on the back to steer the truck's rear wheels.

San Francisco Fire Commission Minutes from August 9, 2007

c. Accidents


Incident #








While backing up, Rescue 93 struck a parked Police car.





While driving through an automated car wash, the light bar on Rescue 49 was damaged.





While driving, Medic 19 made struck a parked school bus.





While parked at General Hospital, Medic 17 was struck by a vehicle which left the scene.





While driving forward and turning right, Truck 14 hit a parked car.





While backing into quarters, Medic 11 struck apparatus door.





While proceeding forward to clear a driveway, Engine 22 struck a parked car.





While backing into a parking space without a spotter, Medic 93 came into contact with another vehicle.





While backing into quarters with spotters posted, T-13 misjudged clearance and struck a pole.





While parked at a medical incident, M39 was backed into.





While responding Code 3 and turning right, E21 struck a parked motorcycle.





While parked at an incident, Division 2 was struck by another vehicle.





While waiting to turn right, Medic 38 was struck by another vehicle.





While exiting from hospital and turning left, Medic 78 struck a pillar.





While responding Code 3, driver allowed Truck 10 to roll into another vehicle.





While moving into position at a grass fire, Mini-pumper 43 struck a road stanchion.





While waiting to proceed forward, BFP unit was struck from behind by a vehicle.





While proceeding downhill at 23rd Street, Engine 11 bottomed out causing front end damage.





While backing into San Francisco General hospital, Medic 61 stuck a patrol car.





While making a tight right turn, Engine 25 struck a parked vehicle.





While pulling over to allow Mini-pumper 43 to pass, Engine 43 struck a parked vehicle.





While traveling on Burnett Street, Engine 24 struck a parked car.





While traveling on Polk Street, Medic 64's mirror was struck and broken by a passing tour bus.





While traveling westbound through the Broadway Tunnel, driver of Medic 65 drifted into curb.

C: Because the SFMHB wanted to Illustrate that there truly Are such entities as the ‘Mentally Ill’? If That was their purpose they’ve succeeded beyond their wildest dreams, because AT THAT MEETING the percentages are 100% with Everybody in the Room being stricken Deaf, Dumb, or just plain NUTZ when Dr FG Lu made 2 hospitals and their staffs, non-exist.

Ca: Or, that her comments Illustrate that this entire Money Grubbing Skit owns a Shaky factor to rival the Loma Prieta earthquake.

Why would they cut this budget down?

Because we’re $15 Trillion in Debt and almost 1 of every 5 Americans are out of work from being Swindled for Decades to Feed this Socialist BLOAT and others like it infesting Every hamlet in America.

The next time, and Every time thereafter, you see ‘Behavioral Health’, ‘Investing in Preventative Medicine Saves Taxpayer Money’, ‘Life Counseling’, or anything even Resembling ‘Mental Health’, ….. Call and Mail your Congressman and Senators This Post, ….. and ask them When they’re going to shut down this Pile of,

Parting Thoughts:

You Might also want to have another look at Mr Mark Shurtleff’s – Attorney General of the State of Utah – gripes with yet 2 More contestants in this Day At The Races, ...... for Money belonging to your Grandchildren that they haven't even earned yet.

State of Utah v J&J/Janssen/Risperdal and AstraZeneca/Seroquel