A Hospital for $1? (Page 51)

By Mathew Keller, RN JD
Regulatory and Policy Nursing Specialist 

Mathew Keller, RN JD Regulatory and Policy Nursing Specialist
Mathew Keller, RN JD
Regulatory and Policy Nursing Specialist

In a famous 1863 lawsuit involving landlord rights, Graves v. Berdan, a New York landlord sued a tenant for failing to pay his rent— for leased space in a building that had burned down. Surprisingly enough, the legal precedent at that time required tenants to continue paying rent even after the space being leased ceased to exist.

Such is the power of landlords. They grant their tenants certain rights and uses of property through the provisions of a lease. However, leases also create obligations for tenants – for example, an obligation to pay rent, an obligation to mow the lawn, an obligation to not destroy the premises; or, in the case of the tenant of Unity Hospital, Allina Health, an obligation to “operate a hospital for the benefit of, and open to, all residents of the community upon equal terms” and to “use the leased premises for a public hospital,” according to the terms of its lease with the North Suburban Hospital District Board.

Allina Health has not met these terms. The moment it began to shift its profitable services to Mercy Hospital, Allina ceased to “operate a hospital for the benefit of, and open to, all residents of the community upon equal terms.” The moment it began to implement its “one hospital two campuses” vision, with the end goal of Unity Hospital operating under Mercy Hospital’s license, Allina Health ceased to “use the leased premises for a public hospital.”

What is a landlord to do when its tenant is not meeting the terms of the lease? Reasonable minds would likely agree that eviction is in order. Indeed, the terms of the North Suburban Hospital District Board’s lease with Allina Health provide for that as well, allowing the Board to “declare a forfeiture of this lease… and re-enter into possession of the leased premises and remove all persons therefrom” in the event that Allina “defaults… in the observance or performance of any of the Hospital’s… covenants, agreements, or obligations” (such as the obligation to operate the hospital for the benefit of the community) under the lease.

When a community-owned hospital is operated by a corporation that has failed to live up to its end of the bargain, as Allina surely has done, then it’s time to force the corporation to shape up or ship out. The North Suburban Hospital District Board has that power — it could threaten to declare a forfeiture of the lease at any time. Unfortunately, the District Board has chosen instead to allow Allina to escape accountability as well as escape accountability itself through its recent vote to dissolve.  Thankfully, the wheels of justice have turned quickly and local residents had their day in court and prevented the Board’s dissolution for the time being.

The community built the hospital, they’ve put tens of millions of dollars into the hospital, they own the hospital, and now they’re being fleeced by Allina as well as their own Hospital District Board.

Landlords have a lot of power.  It’s time for the Hospital District Board to stop kowtowing to Allina Health and instead use their power to hold Allina accountable to its obligations under the terms of the lease. And if the District Board is unwilling to do so, it’s time for them to ship out themselves.

Save our hospital.

By Mathew Keller, RN JD
Regulatory and Policy Nursing Specialist 

In a famous 1863 lawsuit involving landlord rights, Graves v. Berdan, a New York landlord sued a tenant for failing to pay his rent— for leased space in a building that had burned down. Surprisingly enough, the legal precedent at that time required tenants to continue paying rent even after the space being leased ceased to exist.

Such is the power of landlords. They grant their tenants certain rights and uses of property through the provisions of a lease. However, leases also create obligations for tenants – for example, an obligation to pay rent, an obligation to mow the lawn, an obligation to not destroy the premises; or, in the case of the tenant of Unity Hospital, Allina Health, an obligation to “operate a hospital for the benefit of, and open to, all residents of the community upon equal terms” and to “use the leased premises for a public hospital,” according to the terms of its lease with the North Suburban Hospital District Board.
… Read more about: A Hospital for $1?  »

Nurses Will be Off ‘Strike Status’ by Sunday Morning

For Immediate Release

Contact:  Rick Fuentes
(o) 651-414-2863
(c) 612-741-0662
rick.fuentes@mnnurses.org

Barbara Brady
(o) 651-414-2849
(c) 651-202-0845
barbara.brady@mnnurses.org

 

(St. Paul) – October 13, 2016 – A majority of the striking nurses represented by the Minnesota Nurses Association have voted in favor of the tentative agreement with Allina Health reached on October 11.

Nurses from Abbott Northwestern, Mercy, Phillips Eye Institute, United, and Unity hospitals voted to ratify the contract today.

“This contract represents compromise and strength by the nurses,” said MNA Executive Director Rose Roach.
… Read more about: Press Release: Nurses Ratify Contract with Allina Health  »

Unfair Labor Practice Strike Will End Today

For Immediate Release

Contact:  Rick Fuentes
(o) 651-414-2863
(c) 612-741-0662
rick.fuentes@mnnurses.org

Barbara Brady
(o) 651-414-2849
(c) 651-202-0845
barbara.brady@mnnurses.org

(St. Paul) – October 11, 2016 – After a 17 hour negotiating session beginning at 11:00am on Monday, October 10, 2016, the Minnesota Nurses Association (MNA) and Allina Health announced that they have reached a tentative agreement on all outstanding contract issues. The two groups came together with the Federal Mediation and Conciliation Service to negotiate at the Governor’s Residence, at the request of Governor Dayton and Lt.
… Read more about: Press Release: Nurses Come to a Contract Agreement with Allina Health  »

By Mathew Keller, RN JD
Regulatory and Policy Nursing Specialist 

If a recent demand letter from Piper Jaffray’s attorneys to the Minnesota

Nurses Association is any indication, it’s safe to say that our campaign to agitate, educate, and advocate against the overzealous pursuit of profits in non-profit healthcare, the questionable business dealings between Allina and members of its board, and the relentless march toward the corporatization of healthcare have all been a smashing success. Make no mistake, this is a David versus Goliath fight that’s barely just begun — and one corporate Goliath is already bemoaning the audacity of nurse David to throw stones at it, the venerable Piper Jaffray.
… Read more about: High-Powered Piper Jaffray Attorneys Seek to Quiet the Voice of Nurses: Nurses Refuse to be Silenced  »

Contact:  Rick Fuentes

(o) 651-414-2863
(c) 612-741-0662

rick.fuentes@mnnurses.org
Barbara Brady
(o) 651-414-2849
(c) 651-202-0845
barbara.brady@mnnurses.org

 

(Minneapolis) – September 19, 2016 –  Two dozen Minnesota legislators showed up to support striking Allina nurses and walk the picket line today.Speaking at a news conference outside Abbott Northwestern Hospital, legislators from districts served by Allina Health hospitals called on Allina to negotiate a fair contract with  nurses and signed a letter supporting MNA nurses.

“It is time to settle this contract,” said Rep. Erin Murphy, also a registered nurse. “By keeping nurses out on the picket line, they are driving costs up, and those dollars they are spending are community dollars.”

“What we’re fighting for today, and what’s brought out so many of us to stand beside you, is that we want a state where people should be valued not just for their value to the marketplace but for their value to other human beings, which you can’t put a dollar value on,” Rep.
… Read more about: Press Release: Legislators to Allina: Negotiate a Fair Contract with Nurses  »

Resolution Would Abolish Community Oversight Board

Contact:  Rick Fuentes
(o) 651-414-2863
(c) 612-741-0662
rick.fuentes@mnnurses.org

Barbara Brady
(o) 651-414-2849
(c) 651-202-0845
barbara.brady@mnnurses.org

(Fridley) – September 13, 2016 – The North Suburban Hospital Board will be abolished and cede control of operations to Allina Health if a resolution passes Wednesday night. The motion comes just as there’s an election for three new citizens to sit on the board, including three healthcare workers.”The North Suburban Hospital Board provides the public with a voice in Unity,” said MNA Executive Director Rose Roach. “If the board begins the process of dissolving, there will be no accountability to the taxpayers who fund the hospital and rely on it for their healthcare needs.”

The hospital board overseeing Unity Hospital operations and administration collects fees and borrows money to maintain the facility. 
… Read more about: Allina Health Seeks Sole Control of Unity Hospital    »

(St. Paul) – September 8, 2016 – Striking MNA nurses and the St. Paul Regional Labor Federation are showing their commitment to the community with a blood drive on September 9.

Nurses from United Hospital and the St. Paul Regional Labor Federation have arranged for the Red Cross to hold a blood drive at the St. Paul Regional Labor Federation offices at 353 West 7th Street between 10 a.m. and 4 p.m.

“Doing things to give back to  the community helps nurses feel like we’re still taking care of patients while we’re on strike,” said United RN Kelsey Swenson, who took the lead in organizing the blood drive.
… Read more about: Press Release: Striking nurses, St. Paul RLF contribute to community with blood drive  »

Allina Strike

By Veronica Jacobsen


Veronica Jacobsen

Veronica Jacobsen, BA, CD(DONA), CLC, CPST, LCCE, FACCE

 

 

Reprinted with permission from Baby Love Minnesota blog.  The author is an instructor in childbirth classes.  Information is available here: Here’s info on my classes: http://www.babylovemn.com/classes-at-babylove/

I have been blogging for almost exactly 5 years in this space, and maternity care outcomes and transparency hold a special place in my heart. I don’t know if anyone gets as excited as I do when new info comes out. After a lot of thought over the weekend, I am posting this.
… Read more about: Mom Says Allina Strike Puts Birthing Families in Danger  »

Contact:  Rick Fuentes

(o) 651-414-2863
(c) 612-741-0662
rick.fuentes@mnnurses.org

Barbara Brady

(o) 651-414-2849
(c) 651-202-0845
barbara.brady@mnnurses.org

 

Minneapolis – September 7, 2016 – Nurses with the Minnesota Nurses Association are requesting to present their case for a fair contract directly to the Allina Health Board of Directors.  Nurses believe the Allina negotiating team is not delivering accurate information to hospital leadership and the board, which is prolonging the strike.“Allina Health will spend $20 million every week the nurses are on strike,” said Rose Roach, MNA executive director.  “How can the stewards of a not-for-profit healthcare company allow that to happen when we were just $2 million away from a deal at the bargaining table?”

Talks between Allina negotiators and the nurses’ negotiating team broke off at 6 a.m.
… Read more about: Press Release: Nurses Take Their Case for a Contract to the Allina Board of Directors  »

By Mathew Keller, RN JD
Regulatory and Policy Nursing Specialist 

It’s been well reported that Allina Health, a $3.9-billion nonprofit healthcare organization, “invested” $108 million in Health Catalyst, a private for-profit technology company. As part of the deal, Allina is outsourcing its “data warehousing, analytics, performance improvement technology, and personnel to Health Catalyst.” In fact, the money Allina spends on Health Catalyst “represents the cost of what the staff and tools” were costing Allina, according to Allina CEO Penny Wheeler. In other words, Allina took a segment of its business and paid to outsource it to a for-profit company.
… Read more about: With nurses on the outside, Allina CEO focuses her attention on the real issues: Health Catalyst  »