— from Vincent Shu, MD

I would like to offer my perspective on whether the District wants to either subsidize a healthcare clinic or to operate a healthcare clinic, in terms of financial and liability risks. 

1. To subsidize a healthcare clinic: 

This model has been implemented at present in Orcas and proven to be a failure, which is a compelling reason for OIHCD looking to other viable models. 

What did we learn from this failure? 

1.1: This failure is primarily due to OIHCD not owning the clinic: “Take it or drop it” is a policy adopted by OIHCD if the clinic is not owned by the District. 

“Take it or drop it” carries its own liability and financial risk which should be addressed. 

For more than 16 months since the inception of OIHCD, the Commissioners have been repeatedly frustrated by UWNC’s unwillingness to disclose its financials when requested during negotiations about a subsidy. It declined to disclose its financials primarily because the UWNC clinic is not owned by OIHCD. “It is none of your business.” 

UW Orcas clinic is one of 16 clinics owned by a large corporation of UW. Its financials may have been co-mingled among 16 clinics under one EIN. It may be that it is difficult to separate the financials details of Orcas from Seattle clinics for comparison. 

The annual budget for medical insurance billers is $108,505, plus $153,881 for supplies and pharmaceuticals. Is OIHCD paying insurance billers who also work for UW Seattle clinics? Does OIHCD pay for supplies and pharmaceuticals that are also used by Seattle Clinics? These examples illustrate the inherent problem of co-mingled financials. 

1.2: Legal Liability and Financial Risk: OIHCD is a government funding authority that is the same as NIH or MRSA. Just like any grants from NIH or MRSA, OIHCD must conduct a financial audit of the grantee to ensure the tax dollars are being used appropriately. For example, does the grant fund an expensive European vacation or a trip to the casinos in Las Vegas? This example helps to elucidate the burden placed upon OIHCD to minimize the legal and financial liability risks. If OIHCD fails to conduct appropriate oversight of OIHCD-subsidized clinics/providers, OIHCD could face legal and financial liabilities. 

If the issues remain unresolved after intense negotiation, there are two options available. If “take it” prevails, without justification for a possible over-estimated budget, OIHCD could face potential legal liabilities. Theoretically, OIHCD could get sued for negligence regarding failed oversight for spending of tax dollars, whether by the islanders who pay tax and/or the Attorney General State of Washington, as stated above. 

Apparently, OIHCD has considered the “drop it” option because it deemed “take it” unsustainable financially, and has begun to explore other viable options. 

Affiliating with a hospital as a “provider-based” Rural Health Clinic (RHC) or partnering with an existing FQHC both result in similar problems, because the clinic is not owned by the District. 

2. To own and operate a healthcare clinic: 

A majority of rural hospitals have been owned and operated by a district. This is why the district is typically named a Public Hospital District to reflect its functionality. Rural hospitals have been struggling financially to survive. There were102 rural hospitals that closed between January 2010 and March 2019. It seems clear that owning and running a hospital will maximize financial risk to the District. When consultant Rousso said that “owning and running a healthcare facility will maximize control over services but also maximize financial risk to the District,” I believe what he was talking about was running a hospital with multiple clinics, not a small Orcas clinic serving about 5,000 people. 

Running a hospital was not the reason for why Orcas PHD is formed. In fact, PHD was renamed as OIHCD (dba) to avoid confusion. 

In my opinion, as long as OIHCD is not owning and operating a hospital, running a small clinic for about 5000 people carries a minimal financial and liability risk. If Dr. X can do it, then the District can do it, likely even better. The District, with a diversity of expertise in management, financials, IT, and legal fields is well suited to operate this small clinic far better than other professional teams that have the problem of conflict of interests. 

If OIHCD owns the clinic, whose new bank account is opened by the District under a new EIN, no clinic employees are permitted to write and sign the checks. A bookkeeper and medical insurance biller are hired and report to OIHCD directly. Complete transparency begins at day one. Instead of quarterly and annual financials, OIHCD would be informed of daily profit and loss with just few clicks. By doing this, it will reduce its financial and liability risks to close to zero.

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