voter Friendly i-Fing Form *-mmary Page 1 ot ¥ E-Filing form printed on 3/23/2016 10:07 AM Form12 3/16/2016 Status Processed Original Entry Date 3/16/2016 2:05 PM Last Modified 3/18/2016 10:18 AM Case Number DI-16-2661 User Information Barbara Temeck ken@hawleylawco.com Assummary of the data you entered: Name of the person seeking OSC action ("Complainant"): prefix Dr. Name of the person seeking OSC acti Barbara First name ‘Name ofthe person seeking OSC acion ("Complainant"): Middle name K Name of the person seeking OSC action ("Compl Temeck Name of the rson seeking OSC action ("Complainant"): Status: Oth For Oth please specify) Contact Information: (Home or mailing addres: 3201 Vine Street Contact Information: (Home or mailing address): State Ohio Contact Information: (Home or mailing addres 45220-2229 ing address): Country Contact Information: (Home or m UNITED STATES http://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53808 3/23/2016Printer Friendly E-Filing Form Summary Page 2 of 8 Phone Number: International Number False Phone Number: Country Code 00000 Phone numbers: Work (513) 861-3100 Phone numbers: Cell (613) 240-9129 Phone number: cet Ext Phone numbers: Fax Phone numbers: Fax Ext Phone numbers: Other Email: Email tweedieblp@email.com Title Veterans Affairs Agency: Component Name De} http://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53808 3/23/2016Page 3 of 8 Agency: State Ohio Agency: Zipeode 45220 Agency: Country UNITED STATES Outreach: For Other, please deserit General knowledge, advice of counsel True Attorney: prefix Mr. Attorney: First name Kenneth Attorney: Middle name G. Attorney: Last name Hawley Attorney: Suffix Attorney: Street 8 sycamore Street Sth Floor Attorney: City Cincinnati Attorney: Country UNITED STATES Attorney Phone numbers: Work (513) 338-5640 htp://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53808 3/23/2016Printer Friendly E-Filing Form Summary Page 4 of 8 Attorney Phone numbers Work Ext Attorney Phone numbers: Cell Attorney Phone numbers: Cell Ext Attorney Phone numbers: Fax (613) 579-8703 Attorney Phone numbers: Fax Ext Attorney Phone numbers: Other Attorney Phone numbers: Other Ext Attorney Email: Email ken@hawleylawco.com Other sources(s) (please se expla): Please identify the U.S. government department or agency i Department of Veterans Affairs Please identify the organizational unit of the department or agency involved Cincinnati VA Medical Center Address of the organizational unit 3200 Vine Street, Cincinnati, Ohio 45220 Please identify the type of agency wrong doing that you are alleging Violation of law, rule or regulation (please specify): Please identify the type of agency wrong doing that you are alleging Gross mismanagement Please identify the type of ageney wrong doing that you are alleging Gross waste of funds wrong doing that you are alleging Please identify the type of agency wrong doing that you are alleging Substantial and specific danger to public health Please identify the type of agency wrong doing that you are alleging Please deseribe the agency wrong doing that you are disclosing Dr. Barbara Temeck is a board certified thoracic surgeon who has been employed with the Department of Veterans Affairs for 35 years. She was hired in July 2013 to serve as Acting Medical Chief of Staff, Deputy Medical Chief of Staff, and Thoracic Surgeon at the Cincinnati, Ohio VA Medical Center. Dr. ‘Temeck has earned outstanding performance reviews in every category throughout her long career serving our veterans http://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53808 3/23/2016Printer Friendly E-Filing Form “-mmary Page 5 of 8 ‘What she found on coming to Cincinnati, though, was a hospital in disarray. Dr. Temeck has blown the whistle on filthy and unhygienic conditions in the operating rooms that posed substantial and specific danger to the health and safety of VA patients (Aug 2013). Chief of Surgery Dr. Mark Molloy was responsible, but was neglecting and mismanaging the department. Dr. Temeck has blown the whistle on other gross mismanagement and waste of funds issues within the surgery department run by Dr. Molloy on numerous occasions since then (Jan, Mar, 2014; Jan, Feb, May, Jun, Jul, Aug, Dec 2015; Feb 2016). Among the many issues Dr. Temeck uncovered and confronted were low productivity in the surgery department (below 25th percentile), the large number of employees in the unproductive department, surgeons not present during their regular tours of duty, and surgeons on compressed tours with no benefit or purpose to the VA while performing surgery at an affiliate hospital, and not on a veteran. Dr. Temeck called for an audit of surgery timekeeping (April 2014; Jul 2015). The analysis of Surgery Services showed that each full-time surgeon did the equivalent of a half time position; that orthopeadic surgeons were often not available during business hours and assigned tours of duty; and that the department paid excessive overtime (projected $508,000 for 2016). Dr. Temeck made specific recommendations to resolve these inefficiencies and gross mismanagement and waste of funds (Dec 2015) to the Director, with no response. Dr. Temeck blew the whistle on gross mismanagement and waste of funds in the anesthesiology department. The anesthesiologists were all on compressed tours with no benefit to the VA (July 2015), they were frequently not in the operating rooms, and they were getting their hours of service by claiming the CRNA's work as their own. Essentially, the VA is paying twice for the same professional service. ‘The number of CRNAs was excessive given the limited number of surgeries. The CRNAs were racking up excessive overtime by being on 24 hour call in the hospital, which should have been covered by less ‘expensive respiratory therapists as recommended by Dr. Temeck, and as in done in most other hospitals. Under Dr. Molloy, the surgery department had chosen to employ no respiratory therapists, and was spending over $400,000 per year in overtime to CRNAs. Dr. Temeck blew the whistle on orthopaedic surgery, whose Service Chief was an 85 year-old surgeon who no longer operated and whose physician productivity was about 50%. That physician was still earning a full-time surgeon's salary. Two other long-time surgeons in that department also were performing at about 50% physician productivity while earning full-time surgeons’ salaries for doing very basic surgeries. Dr. Temeck asked those surgeons to take reductions in pay, which they did before retiring. Dr. Molloy made inappropriate orthopaedic surgeon hires that did not meet the needs of the patients for total joint surgery. These orthopaedists specialized in sports medicine and shoulder surgery, and came at a total cost of over $650,000 plus benefits. By having the wrong orthopaedic specialties that were underutilized, they only achieved approximately 50% productivity while total joint replacement surgeries on veterans had to be sent out to the affiliate hospital under non-VA care, causing a waste of facility funds, Dr. Molloy was a physizian member of the affiliate's physician practice group and was directing many surgeries that should have been done at the VA to the afilliate hospital. Other efficiencies pursued by Dr. Temeck as COS were rebuffed by Dr. Molloy, or he was completely ‘uncooperative and unresponsive. This included Dr. Molloy failing to show up for meetings, and failing to meet the deadlines and requirements of Service Chiefs within the VA. Dr. Temeck blew the whistle on the neurosurgery department that had a very part-time surgeon, but was also staffed with 4 full-time nurse practitioners. The neurosurgeon was not fulfilling his required hours because of work at another hospital where he made more money. When Dr. Temeck attempted to move ‘one of the NPs to another surgery service, she was stopped by the neurosurgeon and Dr. Molloy. Dr, Temeck also blew the whistle on neurology. There was a physician in neurology, Dr. Fredy Rivella, who had been a problem for many reasons for many years, primarily related to his behavior with the ‘medical residents and his unwillingness to comply with the requirements of the Cincinnati VA patient recordkeeping. Dr. Temeck assisted the Service Chief in reducing and removing Dr. Rivella from the VA. Dr. Rivella was connected to influential donors to the University of Cincinnati so the VA was ‘expected to tolerate his bad behavior, which Dr. Temeck would not. Efforts to get rid of Dr. Rivella caused other University physicians to retaliate against Dr. Temeck. hnttp://192,168.2.3/E-Filing_Administration/PrinterSummary.aspx?u! 3/23/2016Printer Friendly E-Filing Form ©-mmary Page 6 of § Dr. Temeck blew the whistle on some physician's research-protected time. There were physicians at the Cincinnati VA who were blocked out time on their VA schedules to conduct their own "research". Dr. Temeck uncovered that the physicians did not have funded research through the VA which is how you are allowed to block off time for which they were being paid by the VA. They did not have grants paying for their time as was required. Dr, Temeck has been trying to grow the Cincinnati VA. with more specialties and more complex surgeries that would allow the veterans to receive all of their care at the VA. The VA is designed to be a medical home for veterans, and by sending the veterans to other facilities, situations are created that cannot be managed or monitored well by the VA, creating inconveniences for and vulnerabilities in theit patient population. In addition to providing physicians as Service Chiefs, the affiliate hospital, University of Cincinnati, also provides all of the medical and surgical residents to the VA. Instead of providing the approximately 100 residents that are needed, approved by the VA, and agreed to by the University, the University provides a lesser number, in the 75-90 range. This leaves the VA to cover the staffing needs with other medical professionals, costing the VA more money. The Cincinnati VA then doesn't receive the VA funding for those lost resident slots, which is approximately $82,000 each (less the resident stipend, plus the cost of covering with others) per year. The net effect is significant financially, well over $1,000,000. The University billed the Cincinnati VA for over $800,000 of expenses the University claimed were related to the University's provision of medical residents to the Cincinnati VA. Dr. Temeck challenged the bill, had her staff analyze the expenses, and determined that the bill should have been $61,000, instead. The University uses its Service Chiefs at the VA to push for \VA-funded physician hires that would benefit the University but would be paid for by the VA. Dr. Temeck has challenged those requests as well. The unbalanced relationship with the University of Cincinnati puts the University in control of the Cincinnati VA. From holding all physician service chieffleadership positions, to controlling the amount of residents provided to the VA, to blocking attempts by Dr. Temeck to hire residents from other programs, to blocking other hospital systems from providing physicians to fill the gaps in physician specialties that are causing surgeries to be sent out to the University, to failing to allow the scheduling of the VA-required Affiliated Partnership Council ‘meetings, the University has intentionally interfered with the management, financial health, growth and progress of the ati VA. Alll of his happens despite Dr. Temeck's protests, challenges, analysis, and communication to a number of different directors at the Cincinnati VA, to the Chief of Medicine at the VA, to the University of Cincinnati College of Medicine leadership, to the VA's Regional Counsel and to VISN 10 leadership. Because the Cincinnati VA and VISN 10 leadership have allowed the abuse for so long, the University controls the VA at the VA's expense. Dr. Temeck has been blowing the whistle on these problems for two and a half years. Dr. Molloy has organized a campaign of retaliation against Dr. Temeck that includes 34 "whistleblowers", many if not all of whom are people who have been financially benefiting from the gross mismanagement and waste of funds atthe Cincinnati VA. Other Actions You Are Taking On Your Disclosure: Inspector General of department / agency involved Other Actions You Are Taking On Your Disclosure: Inspector General of department / agency involved Date 2116/2016 Other Actions You Are Taking On Your Disclosure: Other offic of department / agency involved. Date 20/2016 Other Actions You Are Taking On Your Disclosure: Other office of department / agency involved hittp://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi 3/23/2016Printer Friendly E-Filing Form ®immary Page 7 of 8 Text Office of Medical Inspector and Office of Accountability Other Actions You Are Taking On Your Disclosure: Department of Justice Other Actions You Are Taking On Your Disclosure: Department of Justice Date Other Actions You Are Taking On Your Disclosure: Other Executive Branch / department / agency Other Actions You Are Taking On Vour Disclosure: Other Executive Branch / department / agency Date Other Actions You Are Taking On Your Disclosure: Other Exeeutive Branch / department / agency Text Other Actions You Are Taking On Your Disclosure: General Accounti 3g OMice (Gao) Other Actions You Are Taking On Your Disclosure: General Accounting Office (GAO) e: Congress or congressional committee Text (newspaper, television, other) Other Actions You Are Taking On Your Disclosure: Press / media (newspaper, television, other) Date 3/17/2016 Other Actions You Are Taking On Your Disclosure: Press / media (newspaper, television, other) Text Cincinnati Enqui 3, WCPO, Seripps News Washington Bureau, WLW radio, WVXU (npr affiliate) Other Actions You Are Taking On Your Disclosure: what isthe current status ofthe matter? Dr. Temeck and her attomeys had a meeting with the DEA on March 11, 2016. The DEA declined to investigate Dr. Temeck. The DEA was not investigating the Cincinnati VA to my knowledge. Members of Congress were involved by other claimed whistleblowers at the Cincinnati VA who are accusing Dr. Temeck of directing care out of the VA, reducing surgeries, and other actions completely contrary to ‘what she was actually doing. Member; of Congress include Rep. Brad Wenstrup (Ohio), Sen, Sherrod Brown (Ohio), Sen. Rob Portman (Ohio), and possibly others. Investigations by the IG and unknown others are ongoing. Consent I consent to disclosure of my name Signature Kenneth G. Hawley Status Current Federal Employee ttp://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=: 3/23/2016Printer Friendly E-Filing Form -mmary Page 8 of 8 Outreach: How did you first become aware that you could file a complaint with OSC? Other I know about the information I am disclosing here based on (check all that apply) Thave personal and/or direct knowledge of events or records involved bitp://192.168.2.3/E-Filing_AdministrationPrinterSummary.aspx?ufi=: 3/23/2016Printer Friendly E-Filing Form Summary Page | of 5 E-Filing form printed on 3/23/2016 10:13 AM Form12 3/18/2016 Status Saved Original Entry Date 3/18/2016 1:43 AM Last Modified 3/18/2016 1:56 AM Case Number User Information Barbara Temeck ken@hawleylaweo.com A summary of the data you entered: [Name of the person seeking OSC action ("Complainant"): prefix Dr. Name of the person seeking OSC action mn ("Complainant’ Barbara First name Name of they person seeking OSC action ("Complainant"): Middle name K. Last name Name of the person seeking OSC action ("Complainant"): Temeck Name of the person seeking OSC action ("Complainant"): Suffix Status: Other (For Other, please specify) 3201 Vine Street Contact Information: (Home or mailing address): Apt No Apt. Contact Information: (Home or mailing address): City Cincinnati Contact Information: (Home or mailing address): State Ohio Contact Information: (Home or mailing address): Zipcode 45220-2229 Contact Information: (Home or mailing address): Country UNITED STATES http://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53843, 3723/2016Printer Friendly E-Filing Form Summary Page 2 of S Phone Number: International Number False Phone Number: Country Code 00000 Phone: numbers: Home Phone numbers: Home Ext Phone numbers: Work (613) 861-3100 Phone numbers: Cell (613) 240-9129 Phone numbers: : Other Phone numbers : Other Ext Agency: Veterans Affairs ‘Agency: Comet Name Department of Medicine and Surgery Agency: State hitp://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53843 3/23/2016Printer Friendly E-Filing Form Summary Page 3 of 5 Agency: Country UNITED STATES Attorney: Midalen name Attorney: Last name Attorney Phone numbers: s: Work Attorney Phone numbers: Work Ext Cell Cell Ext Attorney Phone numbers: Fax Ext Attorney Phone numbers: Other http://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53843 3/23/2016Printer Friendly E-Filing Form Summary Page 4 of 5 Other sources(s) (please explain): Please identify the U.S. government department o1 Adress of the organizational unit Please identify the type of agency wrong, ag doing that you are re alleging Viole ion of law, rule or regulation (please speci Please identily the type of agency wrong doing that you are alleging Please identify the type of agency wrong doing that you are alleging Please identify the type of agency wrong doing that you are alleging Please identify the type of agency wrong doing that you are alleging Please identify the type of agency wrong doing that you are alleging Please deseribe the agency wrong doing that you are disclosing Other Actions You Are Taking On Your Disclosure: Inspector General of department / ageuey involved Other Actions You Are Taking On Your Disclosure: Inspector General of department / agency involved Date Other Actions You Are Taking On Your 1r Disclosure: Other office of department / agency involved Other Actions You Are Taking On Your Disclosure: Other office of department / agency involved Date Other Actions You Are Taking On Your Disclosure: Other office of |... Text Other Actions You Are Taking On ‘Your Disclosure: Department of Justice Other Actions You Are Taking On Your Disclosure: Department of Justice Date Other Actions You Are Taking On ‘Your Disclosure: Other Executive Branch / department / agency Other Actions You Are Taking On Your Disclosure: Other Executive Branch / department / Date Other Actions You Are Taking On Your Disclosure: Other Executive Branch / department / agency Text Other Actions ‘You Are Taking On Your Disclosure: General — Office (GAO) http://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53843 3/23/2016Printer Friendly E-Filing Form Summary Page 5 of 5 Other Actions You Are Taking On Your Disclosure: General Accounting Office (GAO) Yo ‘Are Taking On Your Dislosure: Other Actions You Are Taking On Your Disclosure: Other Actions You Are Taking On Your Disclosure: Congress or congressional committee Text Congress or congressional committee Date Other Actions You Are Taking On Your Disclosure: Press / media (newspaper, televisio , other) Other Actions You Are Taking On Your Disclosure: Press / media (newspaper, television, other) Date Other Actions You Are Taking On Your Disclosure: Press / media (newspaper, television, other) Text http://192.168.2.3/E-Filing_Administration/PrinterSummary.aspx?ufi=53843 3/23/2016