Has the Office of Inspector General seen Dr. El Sanadi’s CEO Contract with Broward Health?

In Broward Health, Corporate Management, Original Content by Dan Lewis6 Comments

“Oh what a tangled web we weave when first we practice to deceive.” – Sir Walter Scott

According to the Broward Health’s contract with Dr. El Sanadi as CEO, Broward Health recognizes him administratively as CEO, as a physician who works in the Emergency Room (4 hours per week), and as a Medical Director for the Cities of Fort Lauderdale, Sunrise, Tamarac and the Broward Sheriff’s Office.

Also according to Dr. El Sanadi’s contract, he will receive a substantial bonus based on the financial performance of Broward Health.

As a physician who works in the Emergency Room, he has the opportunity and sometimes the responsibility to admit a patient to inpatient or outpatient status with the hospital.  This is a referral to a health system with which he has a financial arrangement.

As the Medical Director for the cities and Broward Sheriff’s Office (BSO) – he is the physician for their EMS activities that can deliver patients to a variety of hospitals for emergency, inpatient and outpatient services.  This can result in a referral to a health system with which he has a financial arrangement.

Not referenced in Dr. El Sanadi’s contract, are his on-going businesses:

  • South Florida Fire Rescue Medical Directors’ Association, LLC
  • N & L Services, Inc.
  • Total EMS, Inc.
  • El Sanadi Holdings, LLC
  • Green Harbor Company

nobody_tells_meDepending on the business activities of his on-going businesses, they might also refer patients to a health system with which Dr. El Sanadi has a financial arrangement.  The nature of the activities for Dr. El Sanadi’s businesses is unknown not only because of the Board’s seemingly abject failure to adequately negotiate Dr. El Sanadi’s contract and protect the public, but also because of Dr. El Sanadi’s apparent failure to be forthcoming with the information.  After a public records request was made for this information, Broward Health’s attorneys asserted that information about Dr. El Sanadi’s ongoing businesses is not public, and therefore related documents are not public records. See the public records request here.  See Dr. El Sanadi’s  (through Broward Health’s attorney) response to the public records request here.  See Dr. El Sanadi’s asserted exemption log  here.

As is generally known, the Office of the Inspector General (OIG) has been investigating Broward Health for some time, and is in the process of finalizing a settlement with the Hospital System all about STARK federal anti-kickback law violations.  The Stark Act is implicated when a hospital or health system has a financial arrangement, which can be either an ownership or compensation arrangement, with a referring physician.  Fines to Broward Health as a result of this investigation are rumored to be in the 10’s of millions of dollars that we Taxpayers will have to pay.  If so, this is money that will not be spent for Broward County’s Health care needs.  A copy of the draft OIG settlement agreement is here.

It is surprising then that the Broward Health Board would enter into a contract, which on its face seems to create STARK violations.  Certainly few could argue that the actual terms of Dr. El Sanadi’s contract with Broward Health, at the very least, create the opportunities for STARK violations.

What is even more egregious is section 6.3 of Dr. El Sanadi’s contract with Broward Health that essentially says that even if his outside financial arrangements are somehow not ethical, not lawful, and/or not permitted that “the parties agree to negotiate in good faith to secure a compliant alternative that provides for EL SANADI’S continued functioning in a medical director capacity during the term of the Agreement.”  See Dr. El Sanadi’s Broward Health full contract here. (A future Post will get into the public records request, and its responses.  Stay tuned.)

It is a public disservice when an important contract with wide ranging implications is negotiated by a politically appointed board member with little or no previous experience in negotiating contracts that affect the taxpayers, and a public institution – created, and paid for by public money –who hides behind words like “strategic planning” and “Trade secrets” to shield them from public oversight.  See my article “The Best Broward Health CEO contract politics can buy!”.

trust

Dr. El Sanadi needs to decide whether he will be a practicing physician and medical director or Broward Health’s CEO.  Ostensibly, to do both is to do both jobs poorly, and puts the public at risk for additional STARK violations.  The Broward Health Board Board of Commissioners, particularly it’s current chairman David Di Pietro and Governor Scott will be held responsible for the irresponsible actions of this politically appointed board.

 “Oh what a tangled web we weave when first we practice to deceive.” – Sir Walter Scott

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