State ordered to back off Dominion
By John Stevenson : The Herald-Sun
jstevenson@heraldsun.com
Feb 16, 2008
DURHAM -- A $1 billion lawsuit recently filed in Durham on behalf of Dominion Healthcare Services was augmented this week by a $300 million suit in Wake County, with both alleging that Dominion is being improperly shut down as a provider of mental-health services.
The new case has gotten quick preliminary results.
Superior Court Judge A. Leon Stanback of Durham, presiding in Raleigh, issued a restraining order on Thursday in which he directed the state
-- at least temporarily -- to back off. If it doesn't, Dominion and the patients it serves might suffer "immediate and irreparable harm,"
Stanback wrote.
Dominion Healthcare, with about 1,200 employees, offers evaluations and treatment to mentally ill Medicaid consumers in the Tar Heel State.
But the company is being arbitrarily and unconstitutionally deprived of its ability to function, putting its future in jeopardy along with the lives of its patients, according to a lawsuit filed in Durham County Superior Court last month.
The defendants in that case include the Durham Center, which has a major hand in community mental-health services here.
The original suit contended that the Durham Center and other defendants were engaged in "a deception and scheme to dismantle, destroy and drive Dominion Healthcare Services, Inc. out of business."
The latest suit, filed in Raleigh this week, strikes the same chord.
It notes that the state on Feb. 8 ordered Dominion to shut its doors no later than March 11 and transfer its patients to other providers.
The order was temporarily stayed by Judge Stanback's ruling on Thursday, however.
Both lawsuits were drafted by the Willie Gary law firm of Florida.
Gary is a N.C. Central University law school graduate who is listed by Forbes Magazine as the fourth highest-paid plaintiff's lawyer in the country. He roams the nation in a private jet named "Wings of Justice."
When he appeared in Durham last month to announce the first of the two lawsuits on behalf of Dominion Healthcare, he opened his remarks with a prayer.
"We come seeking justice," he said. "We know you are a Lord who has never lost a case."
The two suits apparently will proceed in tandem, with the one in Raleigh attacking the state and its Department of Health and Human Services, while the Bull City complaint goes after the Durham Center and various other defendants.
By law, civil complaints in North Carolina must be worded to seek financial damages "in excess of $10,000," with no specific numbers mentioned.
Gary's official court paperwork complies with that requirement.
However, he has said in news releases that Dominion wants $1 billion in the Durham case and $300 million in the new Wake County action.
11 comments:
As a Dominion employee, I see the demand for our services. If the state witnessed on a daily basis, the trials and tribulations that our families go through, I believe that this situation would be handled differently.
The state of North Carolina should be ashamed of themselves and they need to allow Dominion to serve it's purpose which is our mission "Transforming Potential into Reality".
Maybe the owner can just take 1.3 million from the 33.6 million he has has received from Medicaid and just pay his due. He is unethical and immoral. Begging consumers for services is absolutely inappropriate. By the way, community support is not the same as mentoring. Read the articles in the N & O.
There are consumers who need assistance indeed. However guerilla marketing in the not the ethical thing to do in mental health. Companies like Dominion take advantage of a already ill informed consumer and use them to line their pockets. The State of North Carolina should have shut them down a long time ago. Every Tom, Dick and Harry shouldn't be able to open a "mental health agency". North Carolina has done nothing more than allow it's residents to be exploited.
As a previous employer I resigned from the Dominion because my job was threatened if I failed to falsify documentation so that the office could "maximize" hours. I was made to change my time sheet Monday morning when billing was due. Without a proper notice I had to resign because I felt and still feel that it was unethical.
As a proud Dominion employee, I beg to differ with everyone against the dynamics of Dominion Healthcare.Joel Hopkins opened a door for many emotionally and behaviorally disturbed individuals (youth and adults) that would have otherwised turned to negative sources. Many of these individuals were not aware that the community services even existed for them. Many poverty strickened individuals acquired positive skills by having that support there. A portion of this big mess is behind proper documentation. That is the only weakness in Dominion Healthcare, as with many other health care agencies is the need to enhance training of proper employee documentation. Many PP's deliver appropiate skill building techniques but do not understand to write professionlly in an effort to prove need of service and to gain approval of hours billed for. Applicants have to have the minimum of a high school diploma to gain employment as PP. The same is the requirements for HCT's for the state of NC. Maybe the state needs to assist with providing some of their quality trainings to paraprofessionals of agencies that are authorized to bill for community suppoort services in an effort to effectively improve progress note documentations among health care agencies. Preventing companies like Dominion Health care from administering services is increasing the risk of expousre to drugs, violence, gangs and in many cases has an even bigger impact on youth and education. Many of these consumers are suffering and can not receive services at all because of this whole big mess. Those critiquing Dominion need to walk in the shoes of some of these consumers. Anyone ever worked for the state of NC? A lot like the pot calling the kettle black wouldn't you say?
The earlier anonymous comment that said "maybe the owner can just take 1.3 from the 33.6 million he has received from medicaid is an idiot. Clearly, this person has neither ran an agency nor knows the expansive costs it takes to implement these services.
He didn't clear 33.6 million from these services. The malpractice insurance alone would be in the millions with that type of revenue.
I suppose you propose to go back to the old county ran system (services were subpar at best ran by lazy county employees).
I guess you go to a county doctor when you're sick huh. Do you believe the poor in our community don't service choices.
I hope Dominion gets all it asks for.
Socioeconmic problems cannot be solved by labeling children with ADHD.
Let's just hope with the new requirements (accreditation,50% QP rules,ect) those who deserve and truly care about serving the clients will be the last one standing. I have heard many things about Dominion mostly negative but as a provider who has been providing services for over 7 years I try not to pass judgment but let the LME and State do their jobs.
Everyone knows that Dominion jumped on the gravy train and rode it for all it was worth. The same way the group home providers all jumped in when the State raised the rate without raising the staffing requirements. The State erred in leaving the guidelines so vague as to allow unethical but not quite illegal practices.
This is in response to the "Anonymous" posting on 4/12/08, from the "Proud Dominion Employee". As one of the legion of "embarrassed Dominion Employees" (there are a heck of a lot more of us ethical folks who left Dominion than there are folks still there), I would like to simply say that I'm embarrassed for ever falling for the cultish, "Praise the Joel" nonsense. The agency is riddled with fraud, and I know several folks who were asked to falsify documents (or had documents falsified in their names, without them knowing). These former staff took the high, moral, ethical road, and then got canned. What a travesty! A bunch of hooligans.
The idea itself to provide these services is great, and in the right hands would be a great addition to the community. In the hands of Hopkins he's just using people that really do need help to get rich off. I hope he loses this case, and the business can be handed over to someone that actually cares about helping people.
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