Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Contra Costa County Health Officer rescinds all remaining COVID-19 health orders

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It is over!

By Allen D. Payton

In the words of Howard Cosell after Muhammad Ali defeated Joe Frazier during the Rumble in the Jungle boxing match, “It is over! It is over! It is over! It is over!” Last month, President Biden said the COVID-19 “pandemic is over” and on Oct. 17, Governor Newsom announced the COVID-19 State of Emergency in California would end on February 28, 2023. Then, as of Thursday, Oct. 21 the government-imposed restrictions from COVID-19 have completely ended in Contra Costa County.

Without fanfare or even a press release to the media, Contra Costa County Health Officer Dr. Ori Tzvieli issued an order, that day, “rescinding any and all active orders pertaining to COVID-19”.

The new order states, “Orders that (1) prohibited or otherwise restricted the activities of any person in Contra Costa County, either directly or indirectly, or (2) imposed any affirmative obligations on any person in the County, and (3) are or may be interpreted to be operative (collectively, the “Active Orders”), be rescinded.”

Following is Ortiz’ official order:

ORDER OF THE HEALTH OFFICER OF THE COUNTY OF CONTRA COSTA

RESCINDING ANY AND ALL ACTIVE ORDERS PERTAINING TO COVID-19

ORDER NO. HO-COVID19-69

DATE OF ORDER: OCTOBER 21, 2022

Summary of the Order

Commencing on March 14, 2020, with the issuance of Order No. HO-COVID19-01, the Health Officer of Contra Costa County has issued 69 orders regarding the Coronavirus 2019 (COVID-19) pandemic. These orders (including one unnumbered order) will be referred to as the “COVID-19 Orders.” Among the COVID-19 Orders were orders that restricted the activities of individuals, compelled business owners and others to shut down or limit their operations, required the wearing of face coverings, and mandated the testing or vaccination of workers in specified settings. Based on current trends and the availability of vaccinations and treatments, it is no longer necessary to have any active Health Officer orders pertaining to COVID-19, and it is the intent of the Health Officer that any and all COVID-19 Orders that (1) prohibited or otherwise restricted the activities of any person in Contra Costa County, either directly or indirectly, or (2) imposed any affirmative obligations on any person in the County, and (3) are or may be interpreted to be operative (collectively, the “Active Orders”), be rescinded. This Order rescinds any and all Active Orders, effective immediately. This Order does not affect any of the COVID-19 Orders that were issued for the sole purpose of rescinding previous orders.

UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS

101040 AND 120175, THE HEALTH OFFICER OF THE COUNTY OF CONTRA COSTA

(“HEALTH OFFICER”) ORDERS:

  1. Rescission of Active Orders. Any and all Active Orders are hereby rescinded.
  2. Effective Date and Time. This Order takes effect immediately upon issuance.
  3. Copies; Contact Information. Copies of this Order shall promptly be: (1) made available at

the Office of the Director of Contra Costa Health Services, 1220 Morello Avenue, Suite 200, Martinez, CA 94553; (2) posted on the Contra Costa Health Services website (https://www.cchealth.org); and (3) provided to any member of the public requesting a copy of this Order. Questions or comments regarding this Order may be directed to Contra Costa

Health Services at (844) 729-8410.

IT IS SO ORDERED:

Ori Tzvieli, M.D.

Health Officer of the County of Contra Costa

Dated: October 21, 2022

Kaiser Permanente recognized by Covered California with five-star Summary Quality Rating

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Only health plan in state to receive honor

By Antonia Ehlers, PR and Media Relations, Kaiser Permanente Northern California

Kaiser Permanente received the highest rating in the state for the “Summary Quality Rating” for 2023 by Covered California – the state’s marketplace for the Affordable Care Act. Kaiser Permanente Northern California combined with Kaiser Permanente Southern California earned five stars, which is the highest possible rating for the “Summary Quality Rating.”

“This recognition reminds us how important it is for people to have access to high-quality, affordable health care, especially after many have struggled through the global COVID-19 pandemic,” said Carrie Owen Plietz, FACHE, president of Kaiser Permanente’s Northern California region. “Our physicians, nurses and staff are committed to delivering exceptional, compassionate care to our members and patients who are trusting us with their health care.”

In addition to achieving a five-star “Summary Quality Rating” for overall quality, Kaiser Permanente received five stars for “Getting the Right Care,” a measure of care that is given compared with the national standards for care and treatments proven to help patients. Kaiser Permanente also received four stars for “Plan Services for Members,” which analyzes a health plan’s efficiency, affordability, and management.

“These ratings are yet another example of the collective excellence of our physicians and staff, and further demonstrate their unwavering commitment to consistently deliver the highest levels of care and service,” said Richard S. Isaacs, MD, FACS, chief executive officer and executive director of The Permanente Medical Group. “Thanks to our clinical expertise and our integrated and coordinated approach to care delivery, we are having a positive and often life-changing impact on the health and well-being of our members and patients.”

This is the latest of several accolades and awards Kaiser Permanente Northern California has received. Kaiser Permanente Northern California hospitals have been rated among the best in the nation for maternity care and treatment of stroke and heart failure patients. Most recently, Kaiser Permanente is the only Medicare health plan in California to receive a five-star rating, according to the Centers for Medicare & Medicaid Services’ 2023 Medicare Star Ratings.

About Kaiser Permanente

Kaiser Permanente is committed to helping shape the future of health care. We are recognized as one of America’s leading health care providers and not-for-profit health plans. Founded in 1945, Kaiser Permanente has a mission to provide high-quality, affordable health care services and to improve the health of our members and the communities we serve.

We currently serve 12.6 million members in 8 states and the District of Columbia. Care for members and patients is focused on their total health and guided by their personal Permanente Medical Group physicians, specialists, and team of caregivers.

Our expert and caring medical teams are empowered and supported by industry-leading technology advances and tools for health promotion, disease prevention, state-of-the-art care delivery, and world-class chronic disease management. Kaiser Permanente is dedicated to care innovations, clinical research, health education, and the support of community health. http://about.kaiserpermanente.org

Plan quality ratings and enrollee survey results are calculated by the Centers for Medicare & Medicaid Services (CMS) using data provided by health plans in 2022. The ratings are being displayed for health plans for the 2023 plan year. Learn more about these ratings: https://www.cms.gov/medicare/quality-initiatives-patient-assessment-instruments/qualityinitiativesgeninfo/aca-mqi/aca-mqi-landing-page.

Antioch mayor claims he was punched, councilwoman refutes it, accused man says Thorpe escalated situation

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Thorpe prepares to leave the Sept. 27, 2022, council meeting early to catch a flight to Los Angeles which the man referred to in his initial comments to the mayor. Video screenshot.

Torres-Walker claims man shoved Thorpe aggressively, “attempted to punch” him; City’s PIO, Thorpe issue one-sided statement hour later; Antioch Police investigating; Chamber executive corrects reporting by Bay Area media

Allen D. Payton

Torres-Walker and Thorpe at the Antioch Chamber of Commerce event prior to the incident on Tuesday, Oct. 25, 2022. Photo by Allen D. Payton

Antioch Mayor Lamar Thorpe is accusing a man of punching him in the chest, Tuesday afternoon, following an event at which Thorpe spoke. The accused man, who chose to remain anonymous, says it was Thorpe who escalated the situation and he didn’t punch the mayor. That was later confirmed by District 1 Councilwoman Tamisha Torres-Walker saying the man pushed Thorpe aggressively. Yet, about an hour later, the city’s contracted public information officer, Rolando Bonilla was already speaking with, and Thorpe had issued a statement about the incident, to Bay Area media, which only reported the mayor’s side of the story.

Thorpe was one of two speakers at the Antioch Chamber of Commerce’s first State of Business luncheon at the Lone Tree Golf and Event Center, held earlier, beginning at 12:00 p.m. and ending at 1:45 p.m. (See related article)

The incident occurred sometime between 2:05 and 2:25 p.m. in the center’s north parking lot, according to the man who said he was at the golf course to distribute fliers for an upcoming community event. He said he later arrived at his doctor’s office in the nearby Bluerock Center at 2:28 p.m.

Thorpe issued the following statement about the alleged incident to KRON-4 News:

“I can confirm that the reports of my being punched at an event today are true. After giving a speech at a luncheon hosted by the Antioch Chamber of Commerce, I was aggressively approached by an older white male in his late 50’s. When it became clear that he was seeking a confrontation, I asked him to leave. As I attempted to walk away, the man punched me in the chest and was attempting to punch me a second time, but was not able to land his blow, as bystanders intervened to help me. Although shaken up, I am doing well. Violence has absolutely no place in the public discourse and will never be tolerated. My hope is that this individual is arrested and prosecuted. I would like to thank the bystanders who intervened for putting their own safety at risk to help me. I will never forget their kindness and support. I will be at tonight’s regularly scheduled meeting of the Antioch City Council.”

The man admitted starting the verbal spat with Thorpe but, denies punching him and said the mayor approached him and got in his face.

“I said to him, ‘nice to see you coming out of hiding’,” referring to Thorpe missing the last council meeting and leaving the previous one early. “He said, ‘I wasn’t in hiding’. Then Lamar walked up to me, got in my face and I asked him to please get out of my personal space. He didn’t, so I put my hand on his chest. I didn’t punch him. If I shoved him, it wasn’t very hard,” the man stated. “Then he called me a bigot. I didn’t say anything about his race.”

He claimed the verbal altercation was a continuation of an incident during this year’s Antioch July 4th event while he and his wife were listening to one of the bands perform and Thorpe approached him shook his hand aggressively and asked about the recall signature gathering – which had failed two months before – and for which the man says he signed one of the petitions.

According to a report by eastcountytoday.net, “multiple witnesses have confirmed that no punches were thrown during the heated verbal exchange with one stating it could have been observed as a ‘hard push’ after the mayor got in the male’s face yelling at him. Another witness said no push even occurred but both men were in each other’s faces.”

Antioch Police Investigating

Asked for any details about the incident, Antioch Police Public Information Officer Darryl Saffold responded, “We aren’t releasing any details beyond all parties involved and all witnesses that were present are being interviewed or will be later interviewed. (The) investigation is active and ongoing.”

Asked for information once it’s available Saffold responded, “Not really anything to say. We will conduct the investigation and it will be sent to the DA’s office for review. It was an alleged misdemeanor not committed in the presence of an officer. We get statements and evidence and present it to the DA.”

No Cameras in Parking Lot

According to Lone Tree Golf Pro and General Manager Ron Parish, there are surveillance cameras inside the building, and the footage was reviewed. But there are no cameras in or pointing at the parking lot where the alleged incident occurred.

Chamber Says Accused Man Did Not Attend Event

Some Bay Area TV stations, including KRON-4, which published Bonilla’s comments and Thorpe’s statement about the incident at 3:21 p.m., and KTVU FOX-2 are claiming the incident occurred at the Chamber’s event and/or the accused man attended it. To clarify matters Antioch Chamber President and Executive Director Daniel Sohn stated, “This had nothing to do with the event. But it is overshadowing it. It was a nice event.”

“I and Ron Parish got pulled into a meeting by police officers. We were contacted by four witnesses,” Sohn explained.

“The Chamber is disappointed to learn about the incident that took place after the luncheon event,” he continued. “We don’t know what occurred, but one of the individuals involved did not attend the luncheon. The Chamber of Commerce does not condone any violence at all.”

“We will be cooperating with the police in their investigation,” Sohn added.

Questions for Thorpe, Bonilla, Torres-Walker

Thorpe was asked via email Tuesday night, “Did you approach him in the parking lot during a verbal dispute? If so, why didn’t you just walk away and de-escalate the situation as you want our police officers to do?”

He was also asked if the July 4th incident occur and for his version of it.

Finally, Thorpe was asked, “Other than Councilwoman Tamisha Torres-Walker, who were the other people with you and witnessed the alleged incident?”

Bonilla was asked if he had attended the Chamber event, if he was with Thorpe at the time of the alleged incident and if not, how could he confirm to the media that the incident occurred the way he claims.

He was then asked, “Are you the city’s or the mayor’s public information officer?”

Bonilla was also asked if he obtained the other side of the story and speak with the accused man before he confirmed Thorpe’s claims about the alleged incident.

In addition, Torres-Walker who the KRON-4 News report claims Bonilla said she “broke up the altercation”, was asked if she saw the man punch Thorpe in the chest.

She was also asked, “What exactly did you witness that occurred between the two men? What did you do or say to break up the altercation?”

In addition, Torres-Walker was asked if she recalled what time the alleged incident occurred, if she spoke with Bonilla following the alleged incident and what did she tell him.

Torres-Walker Confirms Thorpe Not Punched, Claims He Was Shoved Aggressively

At the end of Tuesday night’s council meeting Torres-Walker said, “My shoulder hurts, tonight. Today, I had to step in between Lamar Thorpe the mayor…the man. This man shoved him aggressively in the chest and attempted to punch him. Three women had to jump in the middle.”

She said the man was questioning Thorpe’s absence during the previous two council meetings, and that he was quoting a Herald article about it.

“The mayor said, ‘this conversation is over’ but it was not over,” Torres-Walker continued. “Even after three women broke it up, this man continued to aggressively pursue the mayor, the man, Lamar Thorpe.”

Thorpe was then emailed one more question in light of what Torres-Walker said asking if he still stands by his claim that the man punched him in the chest.

Neither Thorpe nor Bonilla responded by 9:15 AM Wednesday.

Wednesday morning Thorpe was emailed a few more questions asking about him calling the man a bigot. “Is that true? Did he say something about your race or skin color? If not, why would you call him that for asking you about ‘coming out of hiding’ after you had missed part or all of the past two council meetings?”

Please check back later for any updates to this report.

 

CHP continues efforts to reduce impaired driving in California

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“Don’t Drive Impaired” campaign continues through Sept. 30, 2023

By Katy Goodson, Information Officer, California Highway Patrol Office of the Commissioner

SACRAMENTO, Calif. – The California Highway Patrol (CHP) and the California Office of Traffic Safety (OTS) are partnering on a new year-long campaign of education and enforcement efforts aimed at reducing the number of crashes caused by impaired drivers.  The grant-funded “Don’t Drive Impaired” campaign runs through September 30, 2023.

In 2020, 669 people were killed and 10,646 were injured in driving under the influence crashes[i] within the CHP’s jurisdiction.  Each one of these injuries and deaths represents a preventable tragedy, and a continued need to focus efforts on reducing impaired driving. 

“Law enforcement throughout the state continues to do their part by removing impaired drivers from the roadway,” said CHP Commissioner Amanda Ray.  “Reducing impaired driving through education and enforcement remains a high priority, and this campaign provides us another opportunity to further that goal.  It is never worth the risk to drive impaired.  Always designate a sober driver.”

The OTS grant provides the CHP with funding to conduct additional saturation patrols, DUI checkpoints, and traffic safety education efforts throughout California.  These efforts are designed to remove DUI drivers from the roadway and educate the public about the dangers of impaired driving.  Additionally, the CHP will actively participate in California’s Drive Sober or Get Pulled Over efforts.

The CHP reminds the public, “DUI Doesn’t Just Mean Alcohol.”  Cannabis, impairing medications, illegal drugs, or any combination can affect a driver’s ability to drive, and will result in an arrest for those who are found to be under the influence.  Always designate a sober driver, take public transportation, or use a taxi or ride-share.  There is always a better option than getting behind the wheel while impaired.

Additionally, the CHP would like to remind the public to call 9-1-1 if they observe a suspected DUI driver.  Be prepared to provide the dispatcher a location, direction of travel, and vehicle description.

If you have questions regarding impaired driving, please contact your local CHP Area office.

Funding for this program was provided by a grant from the OTS, through the National Highway Traffic Safety Administration.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

[1] DUI Primary Collision Factor crashes within CHP jurisdiction, according to CHP’s Statewide Integrated Traffic Records System.

 

After 32 years Tri Delta Transit has new CEO, Rashidi Barnes, Jeanne Krieg to retire in February

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Former Tri Delta Transit CEO Jeanne Krieg and new CEO Rashidi Barnes. Photos: Tri Delta Transit

By Leeann Loroño, Manager of Customer Service and Marketing, Tri Delta Transit

(Note: Apologies for the delay in posting this information. The Herald publisher was sick during the week this press release was issued)

After an extensive nationwide search, the Board of Directors of the Eastern Contra Costa Transit Authority, aka Tri Delta Transit, unanimously selected Rashidi Barnes as Tri Delta Transit’s new CEO. He assumed the role of Chief Executive Officer on September 7, 2022, replacing long-time CEO Jeanne Krieg who is retiring in February after 32 years at the agency.

Barnes started his transit career twenty years ago as the Western Sales Manager for Transit Marketing Group, a leader in marketing and sales for transit product manufacturers. From there he became the Director of Procurement for Foothill Transit where he was responsible for insuring contract compliance and procurement of materials/supplies and professional, architectural and engineering services. He also served as Foothill Transit’s Disadvantaged Enterprise Liaison Officer during his tenure.  His next five and a half years was spent with Central Contra Costa Transit Authority (County Connection) where he served as Senior Manager of Transportation, Senior Manager of Innovation and Shared Mobility, and then Director of Innovation and Shared Mobility. Projects that he helped to deliver included the initial Clipper System implementation for CCCTA, introducing on-demand transportation service, shepherding bus on shoulder legislation and congestion mitigation options, working with the regions local utility provider to help launch the agency’s first electric bus. During his other roles at CCCTA, Mr. Barnes oversaw the daily operations of 160+ bus operators, 12 supervisors and 1 transit manager. Daily as an operations team, their focus was on providing efficient service. This was accomplished through a dedication to strong customer service, innovative approaches in planning, traffic mitigation, and performance management of employees.

Most recently, Mr. Barnes has been working for First Transit as the Director of Mobility as a Service, a national position where he worked with various transit agencies, TNC’s, payment solution companies and micro mobility providers to deliver innovative mobility solutions. Through the introduction of MaaS mobile applications, data analytics and focus on improving the customers journeys Mr. Barnes believes that transit agencies will be able re-solidify its place in the daily transportation decisions that people make.

Mr. Barnes brings a variety of experience in roles that are part of Tri Delta Transit’s service.  In addition, he brings proven leadership, innovative thought, decision making skills, contract administration, as well as, in-depth industry knowledge.  In 2015, Mr. Barnes was listed by Mass Transit Magazine as one of the Top 40 Under 40 to watch and follow.

“We are greatly saddened by the retirement of Jeanne Krieg, who has been a strong leader for the last 32 years,” Board Chair Anissa Williams stated. “We are extremely fortunate to be bringing Rashidi Barnes onboard, who will no doubt continue Jeanne Krieg’s strong leadership and direction, while forging his own legacy.”

Krieg assumed the title of CEO Transitional Officer, serving in the position until she retires officially in February after a long and distinguished career.

Krieg Honored on Industry’s Wall of Excellence

In April, this year Krieg was honored by the California Association for Coordinated Transportation (CalACT) in Newport Beach at the CalACT spring conference. She was awarded a spot on the CalACT Wall of Excellence which recognizes individuals who have had a long and distinguished career in public transportation and have made outstanding contributions to CalACT and the transportation industry.

“Under the leadership of CEO Jeanne Krieg, Tri Delta Transit is a very forward thinking and innovative agency,” said then Board Chair Ken Gray. “Tri Delta Transit has been first adaptors of electric and hydrogen technology, use of various app technology, and in the forefront of employee practices to retain employees and create an optimal work environment.”

CalACT is a statewide, non-profit organization that represents the interests of small, rural and specialized transportation providers. CalACT, who have been in existence since 1984, promotes: striving for professional excellence in the field of transportation; that mobility is essential to the freedom and quality of life for everyone; and that agencies can create solutions by working together. CalACT acts as advocates for the industry, provides resources, sponsors conferences that promote idea and knowledge sharing, and implements programs such as bus procurement cooperative.

“I was surprised and humbled by this recognition from my industry,” Krieg said. “All of the employees and board members at Tri Delta Transit are a part of this award: their support, dedication, and hard work are what makes our agency successful.”

ABOUT TRI DELTA TRANSIT

Tri Delta Transit provides over two million trips each year to a population of over 315,000 residents in the 225 square miles of Eastern Contra Costa County. They currently operate 15 local bus routes Monday – Friday, five local bus routes on weekends, door-to-door bus service for senior citizens and people with disabilities, and on-demand rideshare services. To learn more, visit TriDeltaTransit.com.

Voter registration deadline for the General Election is Monday

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In order to be sent an Official Ballot by mail; voters can still register in person until and on Election Day

By Dawn Kruger, Civic Outreach/Engagement Specialist, Contra Costa County Clerk-Recorder-Elections Department

Debi Cooper, County Clerk-Recorder & Registrar of Voters, reminds voters that the close of registration for the upcoming November 8, 2022 General Election is Monday, October 24th.   “This is the deadline for voters to register in order to be sent an Official Ballot by mail.  After this date, voters can still register, but they will be required to register and vote in person.”

Register to Vote:

Voters can conveniently register to vote online at https://registertovote.ca.gov or complete a voter registration card, which is available at most post offices, city halls, and libraries throughout the County.  Online registration must be completed before midnight on October 24th.  Paper registration cards must be postmarked by October 24th. 

To be eligible to vote in this election, a registered voter must be a U.S. Citizen, at least 18 years of age by Election Day, a resident of the state, and not currently serving a state or federal prison term for the conviction of a felony.  You must update your registration if you have moved, legally changed your name, or changed your party.

Be sure you are registered!  Check your voter registration status online at www.contracostavote.gov by clicking on the “My Voting Information” button.

After October 24th, there is not sufficient time to mail and return ballots, so voters will be required to register and vote in person at; the Elections Division in Martinez, one of the County’s early voting sites, or a polling place on Election Day. Cooper’s advice: “Register early so you will receive a ballot in the mail. If you choose to vote in-person, having a current registration will speed up the process at your polling place on Election Day.”

Filing period for official write-in candidates in November election ends Oct. 25th

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Multiple races in Contra Costa County have only one candidate running

By Allen D. Payton

In some races for the November election only one candidate has filed to run but running as a write-candidates is still a possibility. Official write-in candidates, who can run for any office regardless of how many other candidates are running in the race and want their votes counted, must file paperwork and follow a process that ends Tuesday, Oct. 25th.

See list of candidates, here:

According to the Candidate Handbook and Resource Guide on the Contra Costa County Elections Division website, “A person interested in running as a write-in candidate may file for office between September 12 and October 25, 2022. There is no fee or charge required of a write-in candidate, except in the case of some city offices.

Any person who desires to be a write-in candidate, and have any votes cast for him/her reported, shall file a ‘Statement of Write-In Candidacy’. (Election Code 8605)

Cities, East Bay Regional Park District, East Bay Municipal Utility District, and Alameda-Contra Costa Transit District require nomination signatures to be collected for a valid write-in candidacy. Signers of nomination papers for write-in candidates shall be voters in the political subdivision in which the candidate is to be voted on. See pages 3-5 for the required number of nomination signatures.

Write-in candidates must file the same forms required of other candidates, who have filed during the regular filing period. The candidate statement form or ballot designation form does not apply to write-in candidates and write-in candidates may not submit a candidate statement.

Only votes cast for qualified write-in candidates are reported.”

Write-in candidates for city council, school board or special districts are required to file a Form 700 financial disclosure, Form 501 intention to run, and Form 470 unless they plan to spend less than $2,000. If they spend more, candidates also must open a campaign committee with a Form 410 which is filed with the Secretary of State’s office.

For city council races, write-in candidates are also required to obtain 20 nomination signatures of registered voters in the district where they are running. The voters who sign must live at the address where they are currently registered. Candidates must file their nomination papers and other forms with the city clerk’s office, except for Form 410.

For school board and special district write-in candidates, no nomination signatures are required but they must file their paperwork with the county elections office in Martinez.

Sutter Health agrees to pay $13 Million to settle False Claims Act allegations of improper billing for lab tests

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By U.S. Attorney’s Office, Northern District of California, U.S. Department of Justice

SAN FRANCISCO – Sutter Health, a Sacramento-based health care services provider, and its affiliate Sutter Bay Hospitals, the successor to Sutter East Bay Hospitals dba Alta Bates Summit Medical Center (collectively Sutter Health), agreed to pay more than $13 million to settle allegations that it violated the federal False Claims Act by billing the United States for toxicology screening tests performed by outside labs, announced United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation San Francisco Special Agent in Charge Robert K. Tripp; Office of Personnel Management Office of Inspector General (OPM OIG) Special Agent in Charge Amy K. Parker; Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan; Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) Western Field Office Special Agent in Charge Bryan D. Denny; and the Defense Health Agency (DHA). Sutter Health DOJ Settlement Agrmt 10.17.2022

“Sutter Health agreed to pay $13 million to settle allegations that it billed government health programs for lab tests performed by others,” said U.S. Attorney Stephanie M. Hinds. “Government health care programs must be protected, and this office will investigate and pursue health care providers that fail to provide the services paid for by public health care programs.”

“Investigating health care fraud and abuse is a priority for the FBI,” said FBI San Francisco Special Agent in Charge Robert K. Tripp. “These cases are often worked in conjunction with our federal law enforcement partners, and this settlement is a great example of the multi-agency investigative team’s hard work to protect the integrity of the Federal Employees Health Benefits Program.”

“The OPM OIG is committed to protecting the Federal Employees Health Benefits Program from fraudulent claims,” said OPM OIG Special Agent in Charge Amy K. Parker. “I applaud the dedicated team for their effort in securing today’s settlement.”

“When medical providers charge federal health care programs for services that other providers actually performed, the integrity of these programs is undermined,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “Working with our law enforcement partners, we will continue to uproot and investigate such schemes.”

“Today’s announced outcome concludes a collaborative effort to hold Sutter Health accountable for its improper billing practices that harmed our health care system, including the Department of Defense’s TRICARE program,” said DCIS Western Field Office Special Agent in Charge Bryan D. Denny. “DCIS will continue to work closely with our law enforcement partners to protect the integrity of the health care system.”

“We commend the Department of Justice, the U.S. Attorney’s office, and the other state and federal agencies for their commitment to justice,” stated the Defense Health Agency. “Their efforts protect taxpayer dollars to ensure our service members, veterans and their families continue to receive the highest level of medical care.”

The United States contends in the civil settlement agreement signed by Sutter Health that under the terms of a contract which the Sutter Health hospital Alta Bates Summit Medical Center entered into with Navigant Network Alliance, LLC, Navigant referred urine toxicology specimens obtained from physicians and laboratories across the country to Sutter. Sutter submitted bills, or caused bills to be submitted, for reimbursement of the qualitative and quantitative testing it performed on the specimens. The United States asserts that Sutter did not perform the quantitative testing on thousands of specimens referred under the agreement and that these quantitative tests were instead performed by third-party labs. The United States alleges that Sutter nevertheless sought reimbursement for the tests. In the settlement agreement, the United States contends that between August 1, 2016, and June 30, 2017, Sutter billed for urine toxicology tests it did not perform and was paid for the testing by the Federal Employees Health Benefits Program, Medicare, Medicaid, and Tricare.

Sutter agrees in the settlement agreement to pay $13,091,452 to settle the false claims allegations. Of that amount, Sutter has already paid more than $6.5 million to the United States. Sutter agrees to pay the remaining amount of approximately $6.5 million to the United States within 30 days. The settlement agreement resolves the civil law claims that the United States might have brought based upon these allegations.

This matter is being handled by Assistant United States Attorney David DeVito, with assistance from Garland He, Jonathan Birch, Lillian Do, and Alan Lopez. The matter is the result of a coordinated investigation between the U.S. Attorney’s Office for the Northern District of California and the FBI, OPM OIG, HHS-OIG, DCIS, and the DHA.

The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The civil settlement agreement is neither an admission of liability by Sutter Health nor a concession by the United States that its claims are not well founded.

 

Contra Costa Elections Division’s official test results in 100% ballot count accuracy

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22,000 ballot cards included with 167 “unique combinations of contests”

By Allen D. Payton

On Friday, Oct. 14th, the Contra Costa County Elections Division performed the official logic and accuracy testing on their central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.  

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

CEO of company that sold election poll worker software to L.A., Contra Costa counties arrested on personal-data theft charges

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Stored data on severs in the People’s Republic of China, Los Angeles DA says

Contra Costa data “was not involved in the alleged incident” – Debi Cooper, County Clerk-Recorder-Registrar

Dominion voting equipment used by county does have removable media ports; test run on Friday

By Allen D. Payton

Los Angeles County District Attorney George Gascón announced on Tuesday, Oct. 4 that the CEO of Michigan-based Konnech Corporation which is responsible for the software used in managing Los Angeles County election poll workers, has been arrested as part of an investigation into the possible theft of personal identifying information of those workers. The Contra Costa County Elections Division also uses the same software. However, it’s been confirmed that Contra Costa’s data was not involved in the alleged incident.

Konnech distributes and sells its proprietary PollChief software, which is an election worker management system that was utilized by the county in the last California election. The software assists with poll worker assignments, communications and payroll. PollChief requires that workers submit personal identifying information, which is retained by the Konnech.

“I want to thank my prosecutors and investigators for their commitment to eliminating cyber intrusions against government entities and local businesses,” Gascón said. “Data breaches are an ongoing threat to our digital way of life. When we entrust a company to hold our confidential data, they must be willing and able to protect our personal identifying information from theft. Otherwise, we are all victims.”

The investigation was concerned solely with the personal identifying information of election workers. In this case, the alleged conduct had no impact on the tabulation of votes and did not alter election results. But security in all aspects of any election is essential so that we all have full faith in the integrity of the election process.”

Earlier that day, Konnech Corporation Chief Executive Officer Eugene Yu was taken into custody on suspicion of theft of personal identifying information by investigators from the District Attorney’s Office Bureau of Investigation with assistance from the Meridian Township Police Department in Michigan. In addition, hard drives and other digital evidence were seized by LADA investigators.

The L.A. County District Attorney’s Office is seeking Yu’s extradition to Los Angeles.

Under its $2.9 million, five-year contract with L.A. County, Konnech was supposed to securely maintain the data and that only United States citizens and permanent residents have access to it. District Attorney investigators found that in contradiction to the contract, information was stored on servers in the People’s Republic of China.

The East Lansing Police Department and Ingham County Sheriff’s Office in Michigan also assisted in the investigation.

“Konnech was required to keep the data in the United States and only provide access to citizens and permanent residents but instead stored it on servers in the People’s Republic of China,” the L.A.D.A.’s office said.

As a result of Yu’s arrest, Prince William County, Virginia stopped using the PollChief software, this week, according to a Potomac Local News report.

Contra Costa Clerk Says County’s Data Not Included

Several questions were emailed to Contra Costa County Clerk-Recorder-Registrar Debi Cooper, including “does your department use any Konnech software, including its proprietary PollChief, for the Elections Division? If so, do you know if any the personal data of any poll workers, any voters or anyone else in our county was part of the alleged theft and also stored on servers in China? If so, what if anything has the Elections Division done or are they doing about it?”

Cooper responded, “Contra Costa uses PollChief for our poll worker management and communication and asset management (supplies inventory). Our software and data are stored in a secure private cloud located in Lansing, Michigan. This system is used to schedule training and communicate with our volunteers and to track polling place supplies.  It is critical to note that this system is not connected to our voter registration/ elections management system nor to our stand-alone vote tabulation system, which is not connected to any other network or the internet.”

“Our poll workers’ personal info, such as SSN or vaccination information, is managed by the Contra Costa County HR database, which is not connected to PollChief in any way,” she continued. “We have confirmed that our data was not involved in the alleged incident.  Per our contract, our data and the system have remained in the secure cloud in Lansing, Michigan.”

“In addition, Contra Costa’s PollChief system does not require any personal identifiable information to apply as an Election Volunteer, therefore no volunteer personal identifiable information is captured or stored on Contra Costa’s PollChief site,” Cooper shared. “We continue to be in regular contact with the vendor as they work through this issue.  We have reviewed our contract terms and confirmed with the company that the terms continue to be met and our data remains fully secure and without breach.”

Contra Costa’s Dominion Voting Equipment Removable Media Ports Under Lock and Key

As previously reported the county has been using the controversial Dominion voting equipment since 2018.

Regarding election security in Contra Costa County, Cooper was asked, “does the Dominion voting equipment used by the Elections Division have ports in which a mobile hard drive can be inserted and/or removed? If so, who in the office handles that and why would it be done?”She responded, “Any open ports on our equipment at in-person voting locations (ICX accessible voting equipment, ballot printers, etc.) have locking covers or port blockers installed, which we retain the keys to.”

10/17/22 UPDATE: Friday Test Results in 100% Accuracy

On Friday, Oct. 14th, the Elections Division performed the county’s official logic and accuracy testing on central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”