City and County
of San Francisco

Wednesday, October 23, 2019
testing for S.F. Gov.

>> Chairman:   good morning, everyone, the meeting will come to order.

Welcome to the thursday, October 23rd is special meeting of the government audit and oversight committee. I'm supervisor gard

gordon mar,

and I'm joined by

supervisor peskin. Thank you to this

committee's clerk, john carroll, and I would like

to thank corwin and calana

at S.F. Gov. Tv for staffing the meeting as

well. >> please ensure you have silented your cell phone and other electronic devices, and your documents should be

submitted to the court. Agenda item number one is

a hearing to review external auditor's financial report and single management letters

for the fiscal year ending June 30th, 2018, and the

audit plans for fiscal year 2018/2019.

>> Chairman:   I would

like to welcome controller ben rosenfeld. >> good morning. I'll briefly introduce it

and hand the floor over to our external auditor.

As you know, the city has two key financial documents that we prepare each year. The first, at the

beginning of the year, the adopted budget, which is the plan on how the city

is going to spend funds in the year ahead. At the close of the year, we close the books and produce financial statements that disclose

the city's actual financial condition at the end of the fiscal year. To ensure that those documents are full, complete, and tested, the

board of supervisors

retains an external financial auditor that reviews them and other things and then reports to

you on their findings. The goal is to ensure that there is a reasonable assurance that what we're

representing in the comprehensive financial report is accurate.

So what we have here today

is the external auditor's reporting to you on their

audit work for last fiscal

year, the '17/'18 plan, and the cafer for the close that we're working through now.

I'll say briefly as a bit of background

back

background for '17/'18, a bit of a challenge because it was the first

time we were closing the books in decades.

People cut over -- we're

cutting off the famous city's former system which

was installed initially in 1980. So the first time in any

close in a new system is a

challenging one it.

It meant that the cafer is so late. And we're now closing the book for the second time,

and finding it a much simpler process. We would expect to have

this year's cafer in early December. With that, I will turn over the floor to annie

louie, and she can provide the report from the auditors.

>> no material weaknesses.

>> good morning, I

represent the audit firm. You all have in front of the presentation. First all go over the audit reports from fiscal

year '17/'18, and then

I'll go into the audit

plan for '18/'19.

There are two audits as well as compliance audits. On the left side are the ones that we are responsible for, and then

on the right-hand side of the slide you'll see all

of the ones that kpmg performs the audits for.

In terms of the audit

results, we seek unmodified opinions for all of the audits, as well

as the compliance audit.

And then the report to the G.A.O. Is our direct communication on information that you don't necessarily see in the financial statements, butt we need to communicate to

you as the governing body.

These are the required communications, and you have the details of this in your package.

There isn't anything atypical in terms of the required communications. I want to highlight in terms of the qualitative aspect of the audit, the

city implemented new

accounting expenditures,

and that put a fuge a huge financial situation. It is a large number that

is different from the previous year.

In terms of the

significant deficiency alluded to before, we reported a finding in the financial close process and the current process, mainly because of the newly implemented system that the controller had alluded to just now.

And you'll see in the pact

packet the full management response, but we are working actively with the control management's

office for improving the '18/'19 close.

With that, I'll go into

the audit plans for the

fiscal year '18/'19, and

this is a joint

presentation with K.G.M. K.G.M.B., and they

couldn't make it here. There are no changes in

terms of the audit scope

from fiscal '18 to fiscal year '19.

We have two lead partners

at the top and separate

audit teams for each of the main departments and the city, over all.

And this is the audit team

for K.G.M.B. Our auditor responsibilities, the highlight I want to make

is we are here to provide

an opinion on the fairness of the financial statements.

It provides reasonable assurance as opposed to absolute assurance.

If we have any findings over internal controls, whether over compliance or financial reporting, we would report that to the G.O. At the end of the audit process.

In terms of management responsibilities, I want to highlight financial statements are prepared by management, and they are responsible for the fairness in presentation, as well as the compliance

with the applicable

compliance requirements.

On the timing, we actually

start the audit process in early March/april. We come out usually in

May, the June timeframe,

where if there are any changes that have occurred in the fiscal year, and we the financial close is in September, through January, for the various departments and the city

cafer audit, as well as

the compliance piece, the

single audit. Starting around November, all the way through January, which is usually for the compliance piece

of it. There are two new

standards that are new for

fiscal year '19, and one is for retirement obligations, and the other

one we listed at this point don't expect any significant changes in

terms of the accounting of such transactions, but you

will see additional

closures related to the transactions that the city has.

With that s-I will take that, I will take any questions that you have.

>> Chairman:   I have no questions.

We're also going to hear

from somebody from kpmg?

>> unfortunately, the kpmg

could not make it this

morning, so Ms. Louie has presented their portion of the presentation here. >> I did have a question,

just given the one main

finding from the audit in

around -- relating to the

sort of late -- how late it was to finalize the financial report and then the audit this year. I just wanted to ask if that had any sort of impact or implications for

our city and terms of the

budget process? >> the timing? >> yes.

>> it certainly made

everything is little harder. Where we end one fiscal financial year is preparing the budget for the year ahead. So to have it occur -- to have us kind of complete the process this year in

March with pre-audit results available in February, mentor that

meant that that

first building block wasn't known until a little later in the budget process. So it created some challenges. There are a lot of different parties that have an interest in the city's financial

statements, investors and others.

One of the key constituencies that really

uses the cafer are our

organized departments. It did create some challenges in them have timing access to information in the process. So, yes, there were certainly challenges with timing. It is one of the reasons

I'm so anxious to not have it occur again in the future, and I'm confident it won't, given the fact that we now have experience with the new

system.

>> and for the new system

that's in place --

>> uh-huh. >> -- you expect the

timeframe for the

subsequent year's financial --

>> back to our former timing. For the fiscal year that

closed on June 30th, we're well along in the

process, months shaved of ahead of where we were last year, and I'm confident we will have our cafer released and on a December timeline.

>> I'm always happy when I see no material weaknesses, and I have been on this panel when we did.

>> and I have been controller when we did, so I am pleased by it as well. Obviously, we take a deficiency seriously and we are working to remedy it.

In the city's single

audit, which had no single audit findings this year.

>> way to go, Mr. Controller.

>> and the team behind me and throughout the controller's office and the city's financial

system is what makes it work.

My thanks to joshlin and

carmen and the broader family of professionals in the controller's office and throughout the city

that makes this good work happen. >> of all of the things we have to worry about, your shop is not one of them. >> thank you. >> why don't we go to public comment. Are there any members of the public that wish to

speak on this item? Seeing none, public

comment is closed.

And I would make a motion

to file this hearing. Is there anything we need to move to the board?

>> not for this item, no.

>> so without objection. So I think for item number two, we're going to

need -- it would be best if President Yee is here for that.

Maybe we can take a brief recess. >> I do have a committee -- I have a presidential action memo

that would appoint him as

a member of this committee starting at 10:30, which

is in about 15 minutes.

>> I could change it to 10:15, if he could make it

here in one minute.

Why don't we take a 15-minute recess.

Do you have another item?

>> if I could go grab him --

>> Chairman:   is he here? >> I don't know. >> should I call the item.

>> Chairman:   Mr. Clerk, please call item number two.

>> number two sa hearing regarding the status of

the laguna hospital patient abuse.

That safety and well-being

are safeguarded from any potential abuse.

>> Chairman:   and we're

going to take a brief recess until President Yee is here.

>> I'll go grab him.

[Recess taken]

Caf fer

mar

lin islamabad

>> Chairman:   the board is back in session.

Mr. Clerk, can you please read item number two.

>> agenda item number two is the hearing regarding

the status of the lag gene laguna hospital, measures to make sure that the patients are safe gardened from any potential future abuse.

>> Chairman:   President Yee, the floor is yours. >> thank you for your support for calling for a public hearing into the

current status of the

laguna honda hospital. After allegations of abuse at the hospital were made public in July of this year.

Let me be clear that this

hearing's focus is on the turnaround plan for the hospital. The public needs to know exactly what the hospital has done to turn itself

around and to ensure that

patients are receiving the highest quality of care

without any risks of

exploitation or abuse.

To summarize briefly the situation that triggers

the need for this hearing, a city attorney investigation originally initiated by the human resources complaint

uncovered evidence that 23 patients were subjected to privacy violations and

abuse by staff between

2016 and early 2019.

On June 28th, Dr. Cofax, the director of the department of public health, stated that the department would be taking immediate action to develop a turnaround plan for the hospital, and

would be able to report

back within the next 60 days, which brought us into September. the hospital first presented this turnaround plan to the health commission, and now they are presenting it to us at the board of supervisors, with a progress report since the execution of the

plan itself.

There is no excuse for what transpired.

Families like my own

depend on laguna honda for care. They should be able to trust it is going to be the highest quality. I think it is critical to hear from the hospital regarding the protocols that they have in place to ensure that abuse like this never happens again. We cannot ask our residents to entrust the care of our loved ones to any entity that cannot

prove that they have an

effective system that guarantees the safety and well-being of every single patient. And if there is ever a

hint of violation of any patient's rights, that there is a system in place

to immediately identify

any possible violation. Steps taken so far by the city have included conducting patient

wellness checks, retaining

retaining -- retraining of staff, reporting of violations, contacting all

state and local regulatory and law enforcement agencies and more.

My office has been contacted multiple times by concerned families and individuals, and I'm sure that other offices May also be dealing with those concerned about the situations. My office has been in

touch wit department of public health and has shared with you exactly what I'm looking for as

far as information today.

So let me just note now, for the record, that the

two main issues that I would like representatives of the department of public health to respond

to are:   details of the

turnaround plan, including the oversight that you have in place to ensure that any possible violation of any patient's rights are immediately identified and addressed.

Number two, the status of any investigations by

state regulatory agencies,

as well as local law enforcement. And I would like the

department to have -- to share with us just the

status of those investigations, if they are still active. If they are closed, then please share any findings that are relevant to the hospital's operations and subject matter for this hearing. Now, would any of my colleagues like to make

any comments before we begin? >> no. But I thank you, Mr. President, for

bringing this much-needed hearing. >> okay.

Then I understand that we have, first, today to

present is maggie ro --

>> ryecowski.

>> I am maggie, and I'm

the acting chief executive

officer at laguna honda hospital, and I'm here with my colleague, troy williams, the chief

quality officer for zuckerberg san francisco

hospital and trauma centre

and laguna honda hospital. We are here to talk to you about our reform plan and things that we have had in

place so we can get laguna honda back on the right track. Okay.

And so we're going to just

very briefly go over -- not briefly, but troy will be going over the regulatory compliance of where we are in the investigation, and where we are today. We'll talk to you about

the leadership, quality and safety, and what we're going to do to prepare for

the future.

So this slide is a

snapshot of the timeline

of the incidents at laguna

honda in February of 2019, is when leadership was

made aware of the incidents -- was made aware of the incidents.

At that time, all of the appropriate regulatory agencies and appropriate individuals were notified. A lot of work has been

done between February and now, and I can tell you that we're very proud that

on October 15th, laguna honda was found to be in regulatory compliance with

the state.

Laguna honda, for over a hundred years, has taken

care of generations of san san franciscans with dignity

and respect. This is the last several

months of investigation of problem solving by

numerous and other staff and state agencies and

regulatory bodies. As supervisor yee mentioned, on June 28th

of this year, mayor london

breed, our President Of the board of supervisors,

norman yee, and grant could

kofax reported to the community about the

reported abuse of patients

at laguna honda hospital. A reform plan would be developed and presented within 60 days.

On September 3rd, the plan was presented to the health commission and to the mayor.

In the reform plan

document, that you've been provided, you can see an

overview of the findings

of deficiencies and corresponding items and

plans for improvement. Many deal with gaps in patient care and quality and safety. While our california department of public health plan of correction and this reform plan outlines the work that continues at laguna honda, we plan to make good on

our promise to restore the public's faith in the ability of laguna honda

high quality, safe, and abuse-free care to the

next generations of san franciscans. Next I'm going to turn it over to troy williams, who will talk about

compliance.

>> Chairman:   I will pointer out the reform plan dated September 3rd refers to a former member

of this body, subsequently

in cars rapisted, rather incarcerated, rather than the President Of the board to my left.

This is norman, and this is lee

leland, F.Y.I. >> hopefully you can correct that. >> apologies for that. >> good morning, my name

is troy williams, and I'm

the chief quality officer

for zuckerberg san francisco general hospital, and I was asked

to come to laguna honda for investigation and improvement in their quality program. It is important to note that upon discovery of patient abuse in February

of this year, it became evident there was assistance needed at

laguna honda, additional resources specifically in quality patient safety and regulatory compliance. To that end, the health network deployed staff

from areas like myself, and other team members to

go to laguna honda and assist with the

investigation.

As was previously shared

with the health commission

back in September, the california department of public health did issue a

plan of correction.

You May hear the term 2567, or statement of deficiencies, and they're

all the same thing. Outlining specific areas where laguna honda was found to be out of compliance with state and federal regulations. Prior to the receipt of the statement of deficiencies, the plan of correction, as President

Yee had pointed out, there were a number of things put in place even before that time, and included a lot of staff education and training, wellness checks for the residents, and also the removal of the employees that were responsible for these

heinous acts.

But overall, so the reform plan and the summary of the plan of correction that you have as a part of

your packet, has more details around the specifics of the plan of correction, but there were some overall themes we

found as part of the D.P.H. Investigation and

the C.P. H. Investigation, and I'm going to go more in detail on those in a little bit. First I wanted to give to your point, President Yee, a little bit of an update on the investigation and where we stand. So the investigation has

been an interim process.

Since mayor breed's and

director kofax's press conference, there are additional situations we've had to report. Based on the forensic analysis of the cell phones taken from the

staff members that were

involved. Very unfortunate. We reported additional photos and videos to C.P.

H. On a rolling basis up

until mid-August. So as a result, there will

be more C.P.H. Compliance

the laguna honda.

But it disappear from our

conversations with C.D.P.

C.D.P.H., we've had a very

good openness and they're many pressed with the improvements that we put forward, and feel like we're getting to the root

cause of what led to these events. But there will be more activity. Important to note that as

a result of this forensic analysis and the additional photos and

images, no new employees have been identified, having involvement with the use of chemical

restraints or images or text messages. It is all the same employees who have been removed. A little bit of update on the numbers. Frustrate original 23residents that were involved, and that is the current plan of correction

you have in front of you, 19were substantiated at privacy breaches, seven as

abuse, in the form of physical abuse, sexual abuse, and psychological abuse.

I want to say really quickly about the sexual abuse, we have no evidence that there was sexual

assault or touching. Sexual abuse is still awful, but it was in the form of a picture being taken of nudity. I want to be clear, when we say sexual abuse, what

that means.

And five as abuse in the

form of the use of

chemical restraints. As a result of the new

reports, there are approximately 130

residents involved. Additional recordings also

include some physical, sexual, and psychological abuse. But the majority of the additional images have been reported as privacy breaches. So there was no recording

of residents, only P.H.I. Residents, or residents being seen in the background of a photo. But there were some photos that did depict some of

the images from the previous. we don't anticipate -- one thing that is also important, that forensic analysis is complete and we don't anticipate any

further images. We feel at this point

there will be no more images, text messages, videos, or anything coming forward after that forensic analysis was

complete.

So as I talked about before, the themes that

were identified during the

D.P.H. And C.P.H., investigations, they

approved and came out and validated it. They were with us for a week and made sure we did everything we said we were

going to do with a monitor in plan, and it was very rigorous, and the staff

there at laguna honda did a great job.

So you have a copy of that.

But I wanted to go through kind of themes to give you an overview of what they found and what we found

and how that really plays --

>> before we do that, just

real quickly, in regards to probably the dismissed staff, the staff that did

the abuse, are there going to be criminal charges?

>> yeah, so there is an ongoing criminal investigation. In fact, we met with the san francisco police department yesterday and

are developing a plan to help facilitate interviews with residents.

So that is along those -- along those lines, too, we've been in contact with

all of the licensing and certification boards for those individuals, and they are also investigating. We don't feel like those folks should ever work

ever again in any health care setting.

>> and they should be in jail. >> and they should be in jail.

So that's why we're really pushing that part of it as well. >> certainly the terms of their separation include the fact they can no longer access pensions -- is that true? >> I'm not sure. I don't know. But I can certainly find out.

But I know that they can no longer have employment with the city and county of san francisco.

But in terms of the H.R. Details around that, I'm not sure, but we can certainly find out. >> I would think that would be appropriate, if I might say. So I wanted to go a little bit through the themes and how it relates to the plan of correction that you have in front of.

You know, the culture of safety, if I May, on the

first one -- D.P.H. Is pursuing new policies and procedures to really emphasize and strengthen its culture to ensure employees understand their responsibilities, meet all

safety allegations, and promptly report any allegations of safety concerns. I think this is a very important piece to this. One of the things we learned as a part of our investigation is that there was a culture of silence. These things were able to go on undetected for

years. And, you know, what we've learned is that people

were afraid to report. Retaliations -- specifically we heard a

lot about these specific individuals involved, that there was some fear of them and retaliation from them. Overall, we heard that -- since my time being there

at laguna honda -- I think that is something that is really important because leadership creates and really sets the tone for the culture. And we have to do a better job, which I believe we're really on the right track

of doing, of letting staff

know we want to hear from

you. Illicit their feedback, include them in our improvement work.

Measure the culture of safety.

Something that laguna

honda had never done, measure it. how many reports do you -- when you see something that doesn't look right, do you report it? There are surveys that do this, and we've taken one that we're currently going through and doing the analysis of the answers,

but we are now going to do

it like we dot a do at

zuckerberg, every 18 to 24 months.

>> Chairman:   is that a function of their not

being long-term C.E.O.S

at the hospital?

>> um...At that laguna --

>> Chairman:   if that's the best practice done at the general, that that would be the best practice that would be done at laguna honda? >> yeah. I don't know the answer as to why that hadn't been done in the past. I know that is something

we've been doing since

2012, measuring, and it's super helpful for us. One of the things we're really focused on, which

we're really bringing into

laguna honda, including

frontline staff into the decision-making.

The frontline staff are

doing the work every day, they know what the challenges are the barriers are, and we need to be working with them in a different way to improve.

Moving forward, it would

be measured every 18 to 24 months. Medication management,

very important as well.

Changes to laguna honda's

medicine management program, administration of medications is the most innovative thing we do. Medications.

And there are patients, a part of this investigation, that received medications that weren't prescribed to

them, as a way of chemical restraint. We really needed to tighten up our medication oversight, medication administration audits, diversion prevention committees, that you'll

see in the plan of correction, really getting

laguna honda to the best

place regarding medication administration.

>> Chairman:   can you elaborate when you say you're tightening up the administration or oversight on this? It is one thing to just say it -- >> yeah -- no. Thank you for that. A number of very tangible things. We've increased the amount of medication past audits that we're doing with frontline staff. Dwriewl have

you'll have a manager or a

charge nurse that will be there during med pass times, and they're observing, are they pulling one medication out at a time? Are they doing all of the steps that they're supposed to be doing with medication administration?

A couple of other things: the management of controlled substances is

really important. And, you know, when you

think about opiates and those types of things, it is very important that we have a good sense we have control of that. And we've developed a medication diversion prevention committee that will be very data-driven

to look, are there trends

in the different units? Are certain nurses taking

out an overabundance more of certain medications than others?

This is going to be an oversight committee that will be looking at these things. They've met a handful of times and are really starting to dig down down into the data. And they're looking at

medication simplification program. You can imagine that residents who have been there for many years have a lot of medications that are ordered. And maybe they're not

always need the. Needed. They've been on them and

it has been years -- so

really being mindful of what medications they need. And discontinue meds that aren't needed anymore.

>> part of my concern is

that -- not so much that -- well, it wasn't

about whether they're taking usual medication.

It was more like that they were giving additional medication to restrain them.

And the question I have

is:   where did the staff members get this medication in the first place? How do you tighten that piece up?

>> that's a really good question. I think there is evidence to support the possibility of those staff members bringing medications from the outside. You know, there is some evidence to support that maybe they could have diverted it from laguna honda, but a lot of the

things I've been privy to,

it's quite honestly probably medications that they brought from the

outside and were medicating patients with medications that were not prescribed. And one of the things that

we've done in terms of a

tangible action around that is we've put together

a protocol -- and this is

something that C.D.P.H.

Was very impressed with,

that triggers a urine tox. If it wasn't for the fact that patients were decompensateing and being transferred to another hospital, we May not have known. That's where the urine tox

was obtained.

now, based on altered

mental status, change in

behavior, it will trigger

a u-tox, that we can get at laguna honda, that we can get on board, and that triggers an immediate investigation. I think that is something that has been a really big improvement to this. Does that answer your

question on the medication? >> that's what I was hoping I would hear because the followup question would have been: if they're bringing it in from outside, then what

observations can one have to say something is wrong here?

>> yeah.

Yeah. I've been involved in this

now since April, and it's maddening, quite frankly,

how they were able to do this.

Very, very unfortunate.

>>> the third is quality

management. D.P.H. Has a quality management process.

I think that the quality

management staff at laguna honda -- they've told us and my colleagues, adrian smith, who has been working with me over there -- we want to make

sure that the quality management staff have the kills that are needed to perform their jobs. I think that there was a

level of expertise there

that was lacking in their ability to be able to investigate things like this as they came up.

And so really standardizing the tools

and the program that we put in place at zuckerberg san francisco general. I'm not saying that is a perfect program, but I

think we have a very well-functioning, well-run management department

there to standardize the processes between the two hospitals. Going to conferences,

getting training, getting certifications for this quality management, so that they really feel able to do their role.

Maggie is the going to

talk a little more about leadership in the coming

slides, but it is really important, and I talked about this, culture starts with leadership. The leadership must be engaged.

And what I'm seeing there is a very, very high level of leadership engagement. And these are still the beginning stages. But -- and she is going to talk more about this, but getting out in the units and talking to staff, what's on your mind? What's your next safety event? Let's talk about it. Let's really engage in those conversations.

And finally, human resources -- assessing the human resources at laguna honda to ensure best

practices in hiring

practices, employee training, and administrative investigations and such, and that is something that D.P.H. Will be addressing.

I do want to say as a part of our process -- this is

a really important part --

we've been in contact every time there was an

image or a photo or a video -- we've been in

contact with the residents and/or their decision-maker. We've met with many of

them to share the video and photo with them and provided them a copy of

it, if they so desired.

We have really done our best to support the residents who have been affected by this. And some of those conversations have been hard.

>> Chairman:   I would imagine. And have they, in turn, made claims against the city yet? >> I no there are two pending claims against the

city right now. >>> a couple other quick

things:   we are now in cliens with

compliance with state and federal regulations, which is a very important step, but we have a lot of work to do. I know that we've said we're in compliance, and that's a great, great

thing, and it's a great deal, but we have a lot more to do, and I want to

make sure you hear our commitment to making sure

we continue to improve. We did receive, as a result. Deficiencies in our original correction,

we received a $780,000 fine, which we paid.

That was two weeks ago when we paid that. And there May be further fines that come forward as a result of the additional recordings, and more specifically, the privacy breaches, which carry a pretty heavy fine.

Those are often years off. Privacy breaches, in my experience, those fines don't come for quite a while. But I'm confident we will have more fines coming forward.

>> Chairman:   and do we

have any plans to sue the individuals civilly to

recoup any of those dollars? >> I haven't heard that. That's a really good question, and I can bring that back to the city attorney's office. Good question.

>> Chairman:   without disclosing anything from a closed session, we had to settle another laguna honda matter last week.

>> that just raises a question I had.

Have there been other incidents of patient abuse

and fines that we've had

to pay in recent, like,

say in the past decade or in the past?

>> I know of a class "a" citation, May be the one you're talking about, that we brought to the health commission. This happened, I think,

five years ago, six years ago, and that's the only

one that I know about.

>> Chairman:   that's the one that we settled. It will go to the full

board next week.

[Please stand by]

>> that we can have all of the employees feel comfortable that

if they see something, they will say something.

They can feel comfortable that there will be no retaliation.

But I think our executive team

right now that is in place has

worked very, very hard to make

sure that we can get laguna back

on track and get in the right direction. >> I don't want to dwell on

this, but everybody is probably coming together to try and

improve it and get it back on

track, but I'm also concerned about the future.

It seems like everybody is ton track.

You fall into depending on the

leadership, to keep things at a

high level.

So my concern is where is the check and balance of that leader? Who is going to ask questions of

that leader, the C.E.O.

What is the systems in place

where this leader, the C.E.O.,

or the team, executive team,

will continue to provide a

culture of safety?

It's one thing to say we've got

to get the right person, but beyond that there is

something -- is there a role,

for instance, for the health

commissioners to ask these

questions on a regular basis and

to go in and say to the

executive team, what are your sort of activities around this

to keep it safe?

>> well, we do report monthly to the joint conference committee to the commission.

We do have commissioners

assigned to laguna and they are keeping close tabs on our activities. >> did that exist before? >> yes.

>> so it didn't do anything?

I'm sorry -- they had a committee that was supposed to

be asking these questions and

there was abuse for a long period of time. I would say it was not

functional functional. So then the question becomes: what are we going with the health commissioners?

>> I think there is a heightened

awareness.

Laguna honda and zuckerberg general are part of the san francisco network.

Those two report to the director

of the network, they are part of

the network, and the network

director reports up to Dr.

Dr. Colfax.

So I think they are very engaged and closely monitoring what is

going on at laguna honda.

I know the health commissioners are very interested and concerned and they want to make

sure that things are going well at laguna.

I believe as we move forward,

they will continue to do that.

>> again, I'm not trying to pick

on any individuals here, but I'm concerned about what kind of systems we have.

For instance, if it didn't work,

maybe the health commissioners

didn't ask the right questions. They might be aware of it now. The new health commissioners that come down the pipe might

not be aware of it.

Is there a systematic way where,

for instance, there is this

sub-committee of health

commissioners looking at these

issues, is there a set of questions that they should be

asking all the time, rather

than, how are you doing?

>> as a part of the plan of correction, for sure. All of the improvement

activities that we're doing as a part of plan of correction has to go through -- they're going

to be monitoring everything that

we're doing as a part of the plan of correction. But ongoing, it's a good point. Making sure that they're asking

us the right questions in helping them with that.

I think that this plan of correction with its focus on

culture and all of the things

that they're privy to. Basically what we've talked to you, they've heard. I think they understand how

serious this is and are going to have some big expectations for

us how we're presenting them information and data.

These things that happened, you

know, previously -- I don't know

how they would know about it,

unless laguna honda leadership

knew about it and it would come forward.

I think moving forward with this, it was an event. They're going to definitely have

big expectations for us and they

told us that.

>> just for the future, you

know, we are totally committed

to getting laguna honda back on

track, making sure it goes in the right direction.

We have been -- we really want to be the best long-term care facility. We're one of the largest in the country.

So we really want to get our reputation back. We've been partnering with

consultants and experts in

long-term care and we are in the

process of pursuing an R.F.P. With some long-term care experts

who can also give us some consultation and guidance.

We're going to continue

reviewing and implementing all recommendations and just making

sure that we're on the right track.

You know, in the past several months we've been meeting and listening to staff. We've been meeting -- we've really been talking to our patients or residents.

Going forward, we want to pledge

to rededicate ourselves to hold

each other accountable for

creating a new ethos set at laguna honda. That is our goal. >> okay. I'm sorry.

I used to run an organization.

Is there anyone from H.R. Here? No.

If the C.E.O. Is supposed to develop this culture and

continue to support that

culture, is there an evaluation

question for when you're doing

evaluations, annual evaluations?

Is there a question built in so

that you ask that question of

what are you doing to support

sort of a culture of safety?

It should be rated or something.

It's one of these things when

you look at any bylaw or organization, if it's a long enough organization, you know

what issues they've went through

those they'll change the bylaws every so often and say this happened and we need to deal with that.

Well, we've been faced with this

and I think we should put in

everything we can to emphasize it.

So can you go back to the H.R.

And ask them that? >> absolutely, yes.

This is for a selection of the

permanent chief executive officer?

>> [Overlapping speakers] --

>> no, the evaluation. >> I see.

>> ask that question why would

they focus on it.

>> absolutely.

>> thank you so much, President

Yee, for calling this hearing

and your focus on these

important issues. Unfortunately, elder abuse in

care facilities is not an un

common occurrence.

It is shocking to hear about what really has happened with patients at laguna honda

hospital and just the fact that

this is our public health

facility here in san francisco that's supposed to be providing

quality care for elderly and disabled patients.

Thank you so much for the presentation.

It's good to hear about the

focus that the now -- much greater focus that the

department and the hospital is

putting on patient care and

ensuring that we don't have

situations like this in the future. So I would also join with

President Yee and just say that

this board is also going to continue to be closely monitoring the situation and look forward to further updates. >> I'm just wondering if there's public comments on this.

Is there any public comments?

>> Clerk:   are there any members

of the public that wish to speak on this? Please step forward.

You have two minutes.

>> I'm a whistleblower and former laguna honda physician.

Why were the patient druggings

at laguna honda discovered by chance rather than through standard medical reviews?

According to state records, five

patients were drugged with pillford medications, resulting

in life-threatening overdoses

and transfers to outside hospital.

Laguna honda doctors were aware

these were not caused by illegal

drugs commonly smuggled into the hospital. They were caused by medications that had not been prescribed. Further, doctors at outside hospitals who treated these

patients conveyed their alarm. One doctor notified laguna

honda's medical director in

February 2008 and was told that

an internal investigation was underway. Apparently that internal review wasn't fruitful.

Instead, the abuses were

discovered 18 months later while

human resources investigated an

unrelated employee despite. yet, laguna honda has two medical committees that are

charged are probing such adverse

medical outcomes.

Why didn't the medical quality

improvement committee or the

performance improvement and patient safety committee

diagnose these drugs abuses? Lastly, health commissioners

regularly met with doctors to

review their medical quality

improvement reports.

Didn't the commissioners notice

that something was wrong? Thank you very much. >> thank you.

Next speaker. >> good morning, supervisors. Thank you for this opportunity to speak.

My name is goddel child.

I am a san francisco ombudsman

advocate working at laguna honda

on the palliative care unit

south 3 and the H.I.V. Positive unit on south 2.

I've been in that position now for about three and a half years

and have firsthand experience of

residents, in particular, being

quite concerned about bringing concerns and complaints forward at laguna honda.

So I'm relieved to hear the presentation today and to know

that we have such a high level

concern and focus on patient

safety and resident safety at laguna honda.

I would suggest, too, that --

and unfortunately, the director

of the ombudsman program is not

able to be here today.

He's at an obligatory meeting up

in sacramento. But I'm sure he would agree with

me that there probably is a very

important role that on me --

ombudsmen at laguna honda.

any role that we could play in a

corrective action plan or protecting and advocating for

resident safety I think would be

strongly welcomed by the ombudsman program.

>> can I ask you a question.

You mentioned that the ombudsman program would like to expand its

support to residents or patients

at laguna honda. Is there a specific proposal around that?

>> as you May know, the

ombudsman program is really staffed by volunteers.

For that reason and because of

limited funds, I would guess there would be a lot of constraints around significantly expanding the role of the

ombudsman presence at laguna honda.

That said, we are actually

undertaking that.

So we are right now forming more

of a group presence there so

that the ombudsmen there are

talking to each other more and trying to bring together what we

are experiencing the problems with communication, especially

the reticence of residents to speak out when they have a

concern or a complaint because

they're very dependant, of course, on the medical staff there. Did that answer your question? >> yeah, it did. Thank you so much for all the

work and you and the program does. >> thank you so much.

>> are electric there any other members of the public that wish to testify?

Seeing none, public comment is closed. president yee.

>> I would like to thank our

presenters for presenting today.

I know there's a lot of work to

be done and certainly if I'm a

little intense with the

questions, I care about this

issue.

I hope some of the suggestions I

made we've heard and that could

actually strengthen some of your

efforts, because all of us want

to make sure that our patients

up there are being well taken care of.

I guess I have to go visit the hospital more often.

I only go up there once or twice a year.

It's a great place.

It's really sad that these incident

incidents happened because the physical environment is really a

lovely place compared to what it used to be. Thank you very much for your --

in terms of trying to improve

the efforts.

>> thank you, President Yee, and to everyone for this important hearing.

Can we file this hearing without

objection?

Mr. Clerk, is there any further business?

>> Clerk:   there is no further business. >> we are adjourned.