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Outsiders Swoop In Vowing To Rescue Rural Hospitals Short On Hope 鈥 And Money

CEDARVILLE, Calif. 鈥 Beau Gertz faced a crowd of worried locals at this town鈥檚 senior center, hoping to sell them on his vision for their long-beloved 鈥 but now bankrupt 鈥 hospital.

In worn blue jeans and an untucked shirt, the bearded entrepreneur from Denver pledged at this town hall meeting in March to revive the Surprise Valley Community Hospital 鈥 a place many in the audience counted on to set their broken bones, stitch up cattle-tagging cuts and tend to aging loved ones.

said that if they voted this week to let him buy their tiny public hospital, he would retain such vital services. Better still, he said, he鈥檇 like to open a 鈥渨ellness center鈥 to attract well-heeled outsiders 鈥 one that would offer telehealth, addiction treatment, physical therapy, genetic testing, intravenous vitamin infusions, even massage. Cedarville鈥檚 failing hospital, now at least $4 million in debt, would not just bounce back but thrive, he said.

Gertz, 34, a former weightlifter who runs clinical-lab and nutraceutical companies, unveiled his plan to pay for it: He鈥檇 use the 26-bed hospital to bill insurers for lab tests regardless of where patients lived. Through telemedicine technology, doctors working for Surprise Valley could order tests for people who鈥檇 never set foot there.

To some of the 100 or so people at the meeting that night, Gertz鈥檚 plan offered hope. To others, it sounded suspiciously familiar: Just months before, another out-of-towner had proposed a similar deal 鈥 only to disappear.

Outsiders 鈥渃ome in and promise the moon,鈥 said Jeanne Goldman, 72, a retired businesswoman. 鈥淭he [hospital鈥檚] board is just so desperate with all the debt, and they pray this angel鈥檚 going to come along and fix it. If this was a shoe store in Surprise Valley, I could care less, but it鈥檚 a hospital.鈥

Looking For Salvation

The woes of Surprise Valley Community Hospital reflect an increasingly brutal environment for America鈥檚 rural hospitals, which are disappearing by the dozens amid declining populations, economic troubles, corporate consolidation and, sometimes, self-inflicted wounds.

Nationwide, rural hospitals have closed since 2010, according to the North Carolina Rural Health Research Program. These often-remote hospitals 鈥 some with 10, 15, 25 beds 鈥 have been targeted by management companies or potential buyers who promise much but often deliver little while lining their own pockets, according to allegations in court cases, a Missouri state audit and media reports.

Enticed by such outsiders, some struggling rural hospitals around the country have embraced lab billing for faraway patients as a rescue plan. That鈥檚 because Medicare and commercial insurers tend to pay more for tests to sustain endangered rural hospitals compared with urban hospitals and especially outpatient labs. In general, this kind of remote billing is controversial and legally murky, and it recently has resulted in allegations of fraud in several states, according to government documents and media reports.

Rural hospital boards, however, tend not to have expertise in the health care business. The president of Surprise Valley Community鈥檚 board, for instance, is a rancher. Another board member owns a local motel; a third, a construction company. That lack of experience 鈥渓eaves them vulnerable in many cases,鈥 said Terry Hill of the nonprofit National Rural Health Resource Center, based in Duluth, Minn.

Seeking to distinguish himself from other would-be rescuers who ran into legal trouble, Gertz described his proposal to residents as perfectly legal 鈥 a legitimate use of telemedicine, essentially remote treatment via electronic communication such as video. 鈥淚f you do it correctly,鈥 he said in an interview with Kaiser Health News, 鈥渢here is a nice profit margin. There [are] extra visits you can get from telemedicine but 鈥 it has to be billed correctly and it can鈥檛 be abused.鈥

Gertz runs several companies 鈥 founded within the last four years 鈥攊ncluding two labs, SeroDynamics and Cadira Labs, as well as a wellness company called CadiraMD.

He pledged in to buy the bankrupt hospital for $4 million and cover its debts, saying he had lined up a $4 billion New York company as a financial backer. Kaiser Health News was unable to locate the company under the name Gertz cited, Next Genesis Development Group. He did not respond to emails seeking clarification on the issue.

Gertz, who acknowledged that he had never before run a hospital, was asked at the same whether he had disclosed his 鈥渇inancials鈥 to the hospital board. 鈥淎s a private entity, I don鈥檛 have to show my financials and I have not provided my financials to the board,鈥 he replied.

It was not clear whether board members had ever asked. Surprise Valley Health Care District board President John Erquiaga declined to comment.

A Sad Decline

Surrounded by the Warner and Modoc mountains and forests in California鈥檚 northeastern corner, Surprise Valley is home to four small communities. The largest is Cedarville, population 514, at last count.

The valley, covered in sagebrush and greasewood, is part of Modoc County, one of California鈥檚 poorest, with . The closest hospital with an emergency room is roughly 25 miles away, over a mountain pass.

One of hundreds of rural hospitals built with help from the 1946 federal , the Surprise Valley hospital opened in 1952 to serve a thriving ranching community. But it has struggled since, closing in 1981, reopening as a health clinic in 1985, then reconverting to a hospital in 1986.

A county grand jury in 2014-15 found that 鈥渕ismanagement of the [hospital district] has been evident for at least the past five years.鈥

By last summer, those in charge didn鈥檛 seem up to the task of running a modern hospital. By then, it was hardly a hospital at all. Crushed by debt, it primarily offered nursing home care, an emergency room, a volunteer ambulance service and just one acute care bed, with three others available if needed.

When state inspectors arrived last June, they found chaos. The hospital鈥檚 chief nursing officer resigned during the inspection. Staffers reported unpaid checks to vendors hidden in drawers. Inspectors learned that the hospital had sent home temporary nurses because it couldn鈥檛 pay them, according to their .

The hospital鈥檚 then-chief administrator, Richard Cornwell 鈥 who staffers said had instructed them to hide the checks, according to the report 鈥 had taken a leave of absence and was nowhere to be found. Cornwell, a health care accountant from Montana, was later and replaced with the hospital鈥檚 lab director, who in turn resigned, according to public records.听Reached by Kaiser Health News, Cornwell declined to comment.

Federal regulators Medicare and Medicaid payments to the hospital 鈥 a rarely invoked financial penalty 鈥 over concerns about patient care. Those payments have since been reinstated, but a follow-up state in November 2017 identified more patient care concerns.

Infighting ensued, with some residents fiercely committed to keeping the hospital open and others favoring closure, perhaps replacing it with a small clinic. Local journalist Jean Bilodeaux, 74, said board members often kept the public in the dark, failing to show up for their own meetings and sometimes making decisions outside public view.

When Bilodeaux raised questions about the hospital鈥檚 finances in the , a weekly newspaper, she recalled, board members 鈥渟tarted screaming at me,鈥 she said. Now 鈥淚 don鈥檛 even step foot in that hospital.鈥

Ben Zandstra, 65, a pastor in Cedarville, said that while Cornwell was in charge, he too got a chilly reception at the hospital, where he had long played guitar for patients on Christmas Eve. 鈥淚 became persona non grata. It鈥檚 the most divisive thing I鈥檝e seen in the years I鈥檝e lived here.鈥

A White Knight, Vanished

Even residents who say they have experienced poor care at Surprise Valley Community believe its continued existence in some form is crucial 鈥 for its 50 or so jobs, for its ER, and because it puts the region on the map.

Eric Shpilman, 61, a retired probation officer, said his now-deceased wife received 鈥渦nspeakable鈥 treatment at Surprise Valley. But to shut it down? 鈥淚t would take out the heart of Surprise Valley, the heart out of Cedarville.鈥

Last summer, the board turned to an outside management company for help.

Jorge Perez, CEO of Kansas City-based EmpowerHMS 鈥 which promises on its to 鈥渞escue rural hospitals鈥 鈥 agreed to take over Surprise Valley鈥檚 debt and operate the hospital for three years, according to a with the board.

In the two months after EmpowerHMS took over management, Surprise Valley鈥檚 revenue more than doubled, according to financial provided by the hospital.

Then, according to hospital officials鈥 public statements, the company stopped making the promised payments, and they haven鈥檛 been able to contact EmpowerHMS or Perez since. In January, when Surprise Valley filed for bankruptcy, documents filed in court said EmpowerHMS had the hospital.

Around the time Perez took over, he and companies with which he was involved were of improper laboratory billing at facilities in , , and , according to ongoing by insurers and others, a state and media reports. Missouri鈥檚 attorney general in May opened an investigation into one of the hospitals Perez managed, and Sen. Claire McCaskill (D-Mo.) recently into lab billing practices at one of the hospitals.

Medicare rules and commercial insurance contracts, with some exceptions, require people to be treated on an inpatient or outpatient basis by the hospitals that are billing for their lab tests. But insurers have alleged in court documents that hospitals Perez was involved with billed for tests 鈥 to the tune of at least $175 million 鈥 on patients never seen at those facilities. Perez that what he is doing is legal and that it generates revenue that rural hospitals desperately need, according to Side Effects Public Media.

Experts say insurers are catching on to voluminous billing by hospitals in communities that typically have generated a tiny number of tests. At one Sonoma County district hospital not associated with Perez, an insurer recently demanded repayment for $13.5 million in suspect billings, forcing the hospital to suspend the lucrative program and

Lab tests for out-of-town patients have 鈥渂een a growing scheme in the last year, slightly longer,鈥 said Karen Weintraub, executive vice president of Healthcare Fraud Shield, which consults for insurers. 鈥淭here鈥檚 an incentive to bill for things not necessary or even services not rendered. It also may not be proper based on contracts with insurers. The dollars are getting large.鈥

Some residents were aware of controversy surrounding Perez and his companies and said they tried to warn the hospital district board. 鈥淎ll they wanted to hear was, 鈥榃e will pay the bills,鈥欌 Bilodeaux said.

Neither Perez nor EmpowerHMS returned requests for comment. However, Michael Murtha, president of the , said in an email that he was responding on behalf of Perez, who chairs the coalition鈥檚 board.

鈥淭he mission to rescue rural hospitals and set them on a path of sustainability is a difficult undertaking, and it would be a disservice to their communities to preclude struggling facilities from availing themselves of every legal and regulatory means to generate badly needed revenue,鈥 Murtha wrote, in part.

鈥淪uch pioneering efforts are not always welcomed by those who have benefited from the status quo,鈥 he said.

Regarding Perez鈥檚 role at Surprise Valley, Murtha wrote that Perez tried to help save the facility by 鈥渆ffectively鈥 donating over $250,000 but then discovered it faced 鈥渕ore challenges than had been initially realized.鈥 Murtha said Perez worked to attract others who might be better able to help the hospital.

A New Savior?

One of those 鈥渙thers鈥 in Perez鈥檚 orbit was Gertz, the Denver entrepreneur, who arrived in Surprise Valley several months ago.

The Denver executive told residents and Kaiser Health News that he operated a lab that previously performed tests for hospitals owned or managed by Perez鈥檚 companies. At one hospital board meeting, Gertz also said he had

However, he said he had parted ways with Perez after learning of his controversial dealings in other states, and Gertz said Perez now owes him more than $14 million. (Gertz and his companies have not been named as defendants in lawsuits reviewed by Kaiser Health News involving Perez and his companies.)

鈥淚 come in with a certain guilt by association,鈥 he told the Modoc County Board of Supervisors in April, according to a of the meeting. But Gertz sought to assuage any concerns, telling the supervisors he had a 鈥減assion鈥 for rural life. He鈥檇 grown up on a farm, he said, where he 鈥渉ung out with the chickens鈥 and cleaned the stables every morning.

Gertz said his plan was different from Perez鈥檚 and legal because the hospital and one of his Denver labs, SeroDynamics, had become one business. With the hospital board鈥檚 approval earlier this year, he loaned the district $2.5 million for it to buy SeroDynamics 鈥 effectively an advance on the hospital鈥檚 purchase price of $4 million, according to bankruptcy court . 厂别谤辞顿测苍补尘颈肠蝉鈥 now proclaims the lab a 鈥渨holly-owned subsidiary鈥 of the Surprise Valley hospital, with 鈥渘ational reach.鈥

Robert Michel, a clinical laboratory management consultant who learned of the terms of the transaction from a reporter, offered a critical assessment. 鈥淭he essence of this arrangement is to use the hospital鈥檚 existing managed-care contracts with generous payment terms for lab tests as a vehicle to bill for claims in other states,鈥 said Michel, editor-in-chief of for the lab industry. This arrangement 鈥渟hould ring all sorts of bells鈥 for the hospital board, he said.

Meanwhile, Gertz has said, dollars are flowing in. According to the journalist Jean Bilodeaux, Gertz phoned in to a Surprise Valley hospital board meeting last month to report that the lab billing so far had netted about $300,000. According to bankruptcy court documents, 80 percent of the profits will go to his companies, 20 percent to the hospital.

Those are terms some in Surprise Valley are willing to live with.

On Tuesday, an overwhelming majority of voters 鈥 83 percent 鈥 threw in their lot with Gertz. The turnout represented a small fraction of the district's approximately 1,500 residents, but it gave Gertz the nod he needed to buy the hospital.

Many residents said it was a choice between almost certain closure and the possibility 鈥 however uncertain 鈥 of revival.

As acting hospital administrator Bill Bostic put it before the vote: 鈥淗e鈥檚 got something we haven鈥檛 got 鈥 which is money.鈥

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