Emergency meetings of the Eureka Springs Hospital commission in early November where Eureka Springs Hospital CEO Angie Shaw and Chief Nursing Officer Jessica Petrino were fired, coincided with an inspection by the Arkansas Department of Health of hospital operations during the past six months. ESH commission chair Kent Turner said at the Nov. 18 meeting on Nov. 18 that he expected problems were identified by ADH, and anticipates the conclusion will indicate clinical defects. Turner said when the report comes out, the commission will have 10 calendar days to get a report back about intentions to rectify problems. He told commissioners to be prepared for multiple emergency workshops soon.
The hospital transitioned to a Rural Emergency Hospital in late 2023 and was given a $4.6 million grant from the state and $214,000 monthly from the federal government to focus on the emergency room services, while ending in-patient care.
Turner also announced that the commission had hired Little Rock healthcare attorney, Gabriel Mallard, to do an independent investigation of problems at the hospital. The commission was not consulted about that decision. When asked who decided to hire the attorney, Turner said he and Mayor Butch Berry.
At his last meeting as chair, Turner said it was his hope the attorney would come back with hard facts.
Bradley Tate-Greene, a restaurant owner and member of the City Advertising and Promotion Commission, had some of the harshest criticism of hospital commission actions when speaking during public comments at a Nov. 18 special meeting. Tate-Greene brought up allegations that the commission and hospital administrators have been breaking federal laws by retaliating against whistleblowers
“Many of the employees have noticed discrimination, retaliation and violations of the laws, and health and safety policies both for themselves and patients,” Tate-Greene said.
He referred to potential violations of the False Claims Act of 1863 and the Emergency Medical Treatment and Labor Act that employees said they were asked to violate by CFO Cynthia Asbury by posting signs in the ER to instruct patients to pay or not be seen. EMTALA is a law that requires hospitals to provide emergency medical screening and stabilization to patients regardless of ability to pay.
Tate-Greene, his voice sometimes rising in anger, said Asbury stopped the purchase of restocking of necessary equipment and items to provide care for patients. “This is a form of retaliation and may jeopardize patient care and license of employees,” he said. “Asbury was the reason behind ventilators needing repairs and none were operational. This again is a form of retaliation by not engaging to help an employee file the repair request form correctly and not providing the standard of care required by law to patients.”
Other concerns he raised were the hospital’s failure to provide safety handrails for a handicapped employee, violating the Americans for Disability Act, and the CFO who has no medical training refusing feedback from a licensed doctor regarding needed tests for patients.
Following the meeting, the Independent asked Dr. Christoper Baranyk about his views. Baranyk said the current commission lacks representation from doctors or others with the medical experience needed to run a hospital.
Baranyk questioned how independent the attorney’s work would be since he was hired by Turner, whose actions in breaking open meeting laws and alleged harassment of employees for reporting concerns about the treatment from the CFO and HR director, have been cited by current and former employees. “What they truly need is a forensic audit,” he said.
There were three doctors on the hospital commission when Baranyk was a member in 2020, Baranyk, Dr. Ty Burden and Dr. John House.
House, former chair of the commission and former medical director at the hospital, wrote in an email on Nov. 18 that time is of the essence with respect to the hospital.
“It’s also just as important not to compound past mistakes by acting rashly,” House said. “If the hospital is to be saved, decisions need to be made as quickly as possible while also considering the ramifications of those decisions. There are many practical state and federal regulations designed to protect patients that must be followed when delivering healthcare. The top priority for the commission and the city must be that the hospital is delivering care appropriately and in a way that assures the best possible outcome for patients.”
“Once patient care is assured, the focus can shift to the administrative concerns,” House said. “Don’t misunderstand me, the issues raised by employees, former and current, with respect to hospital administration have to be addressed sooner rather than later. But if the hospital can’t deliver care, then there is no need for the administration.”