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Our SALUD Demands DMHC Deny HealthCare Partners’ Application for Knox-Keene Act License



Our SALUD further demands the medical group be prevented from accepting institutional risk in the future
SACRAMENTO, Calif.--()--Advocates for the Latino community of Southeast and East Los Angeles are calling on the Department of Managed Health Care (DMHC) to deny an application from LA-based HealthCare Partners (HCP) medical group for a Knox-Keene Act license.
“HCP blatantly disregarded the promise it made in 2012. It never had any intention of applying for a Knox-Keene Act license until we started making noise”
Our SALUD learned yesterday that HCP filed an application for a Knox-Keene Act license on Thursday, April 25, with the DMHC. For more than six months, Our SALUD has publically raised allegations that HCP has illegally operated as a health plan without a Knox-Keene Act license for more than a decade, allowing the medical group to accept global institutional risk for patients and endangering the lives of nearly one million residents in the Latino communities of LA.
“The simple act of applying for the Knox-Keene Act license proves undeniably that HCP for more than a decade had been operating unlawfully by accepting global institutional risk,” said Our SALUD Community Advocate Nestor Valencia. “The DMHC should deny HCP’s application and should immediately ban the medical group from accepting institutional risk in the future. If the DMHC approves this license, and hands down no penalty action for operating without one, then it’s a slap in the face to the nearly one million HCP patients in Southeast and East Los Angeles. HCP has put profits over patients for far too long.”
In an April 10, 2013, letter, in response to a Feb. 28 letter from Sen. Bob Huff, the DMHC said HCP had committed to submitting an application for a Knox-Keene license by April 25, 2013. A representative of Sen. Huff’s office confirmed today it had received confirmation from the DMHC that HCP did formally apply.
However, on the DMHC website there is no mention of HCP on the list of pending applications for a Knox-Keene Act license.
“I hope this is just laziness on the part of the DMHC and not some sort of cover up,” said Our SALUD Community Advocate Elba Romo. “Either way it shows a severe lack of transparency on the part of DMHC. People have a right to know and comment on the pending application.”
On Dec. 16, 2012, in a letter to Sen. Darrell Steinberg, DMHC Director Brent Barnhart said his department had been actively engaged in discussions with HCP about its business model since the beginning of 2012. “As a result, HCP has committed to applying for a Knox-Keene Act license,” Barnhart stated in his letter.
“HCP blatantly disregarded the promise it made in 2012. It never had any intention of applying for a Knox-Keene Act license until we started making noise,” Romo said. “What’s more, the DMHC knew that HCP was operating without the license the whole time. It was only until the beginning of 2012 that they publically said they were aware.”
On March 22, 2013, Our SALUD sent a letter to the Office of the Attorney General asking for a full investigation into the alleged unlawful activity of HCP. Our SALUD did not receive a response. They have now filed a public records request with the Office of the Attorney General to provide documents that Our SALUD alleges will show violations of the ban on the corporate practice of medicine.
PUBLIC RECORD REQUEST LETTER SENT TO ATTORNEY GENERAL KAMALA HARRIS ON APRIL 29, 2013
April 29, 2013
Kamala Harris
Office of the Attorney General
CA Department of Justice
Public Records Act Coordinator
PO Box 944255
Sacramento, CA 94244-2550
To Whom It May Concern:
Pursuant to the California Public Records Act and Information Practices Act, we respectfully request the Office of the Attorney General and/or Department of Justice provide us with copies of the following electronic and/or paper records of the following:
  1. All communications between the Department of Justice and/or the Office of the Attorney General and the California Department of Managed Health Care that relate in any way to the complaint filed with the Attorney General by Our SALUD.
  2. All communications between the Department of Justice and/or the Office of the Attorney General and the California Department of Managed Health Care that relate in any way to HealthCare Partners Medical Group or DaVita HealthCare Partners, Inc. and/or any subsidiary or affiliate thereof.
  3. All communications between the Department of Justice and/or the Office of the Attorney General and CalPERS that relate in any way to HealthCare Partners Medical Group or DaVita HealthCare Partners, Inc. and/or any subsidiary or affiliate thereof.
  4. All communications between the Department of Justice and/or the Office of the Attorney General and the CalSTERS that relate in any way to HealthCare Partners Medical Group or DaVita HealthCare Partners, Inc. and/or any subsidiary or affiliate thereof.
  5. All documents that relate in any way to any inquiry or investigation begun by the Office of the Attorney General into the merger between HealthCare Partners and DaVita.
  6. All documents reflecting any memoranda, legal opinion or other opinion of the Attorney General concerning whether a professional medical corporation may be owned by, or directly or indirectly controlled by, a corporation consisting of non-physician shareholders.
  7. All documents related to any actions taken by the Attorney General or Department of Justice against any person or corporation alleged to be violating the ban on corporate practice of medicine, and/or the unlicensed practice of medicine.
By “Communications” I mean every type of communication including phone call records and emails. The time requested is 10 years prior or longer if the records exist. If communications include close session items, the report on the agenda close session items with the attorney of record shall be part of this public records request.
If you need to reach me you can do so at (424) 272-5386.
Sincerely,
Nestor Valencia
Our SALUD
About Our SALUD
Our SALUD (Somos Aliados Latinos Unidos por la Dignidad - Latino Allies United for Dignity), is a grassroots coalition and healthcare watchdog representing civic, community and business leaders from the Southern California Latino communities. We believe that our low-income, minority communities deserve quality healthcare access equal to other communities. We believe our communities are not unlike other communities in California that are yearning for best practices and quality health care. With the new Affordable Care Act, we believe legislators should practice transparency and good government in implementing new health care delivery models, which should include exceptional, free of conflict-of-interest, community-patient focused decision makers at every level. For more information visit www.oursaludnow.org

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