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Monday, January 21, 2008

Christmas every Friday.

List of Eligible Health Programs

The following is a list of the common types of programs considered eligible for real property grants. It is only a partial listing. Additional health programs not listed may also be eligible.

  1. medical institutions
  2. hospitals
  3. health centers (i.e., related laboratories, administrative offices, and public health nursing programs)
  4. mental health centers
  5. clinics
  6. nursing homes (i.e., long term care and convalescent facilities)
  7. medical, dental, nursing, and paramedic schools
  8. infirmaries
  9. diagnostic or treatment centers providing outpatient services and care
  10. preventive medical/health care programs
  11. rehabilitation centers for mentally or physically disable persons which provide an integrated medical, psychological, social evaluation and training program
  12. residences for physicians, nurses, paramedics, etc. in isolated areas
  13. pollution and pest control (related to public health)
  14. maternal and child health programs
  15. mental and physical hygiene training programs
  16. sanitary engineering and inspection
  17. health and nutrition education
  18. drug and alcohol abuse rehabilitation programs
  19. juvenile delinquent rehabilitation, diagnostic, and evaluation programs
  20. communicable and chronic disease control (i.e., immunization programs)
  21. migrant and Native American health programs
  22. sewage disposal systems
  23. storm sewer systems
  24. solid waste programs (i.e., sanitary landfills, incinerators, and recycling facilities)
  25. water systems (i.e., wells, pumps, underground distribution mains, purifiers, reservoirs, water towers, and protected watershed properties)
  26. paramedic emergency treatment programs
  27. health administrative offices
  28. facilities to assist the homeless (Title V of the McKinney Act)
  29. animal control facilities
  30. forensic laboratories and morgues

Tuesday, January 15, 2008

We did not see it coming. With 30 years of safe practice, minimum fines and open cooperation with OSHA, we thought that we had nothing to fear. Little did we know that OSHA had placed us on their hit list of targeted employers and intended to penalize us until we gave in to their every demand. Eighteen “Serious” citations and $22,400 in penalties later, with our heads still swimming, we thought it our good fortune when an independent OSHA safety consultant called the next day promising to work with us and reduce our fines to $5,000. We almost fell for it. We now know that it was a set-up.

The best thing we ever did was to engage your firm. When you showed us OSHA’s inside reports to the feds and the games they were playing on us to beat us down, we got mad. Using OSHA’s own internal documents you showed us how to get out of OSHA’s spotlight, avoid their hassle and continue our business without OSHA’s interference and inefficiency to our operations. You contested the 18 citations with winning arguments that OSHA was outside their legal authority, trying to enforce standards not adopted by OSHA and attempting to repeal operations processes approved by prior OSHA officers.

I have seen the OSHA inside documents. I strongly encourage everyone in our industry to contact you as soon as possible. If OSHA has already hit them; they need you immediately. If OSHA hasn’t yet hit them, we know from their internal documents that they will soon. These employers need your help so they do not suffer what OSHA put us through. OSHA wasted so much of our management’s time, money and energy, all for nothing, resisting what they had no basis to ever cite us.

Again, we cannot thank you enough. Tell your clients to call me. It is in my interest to protect them so our whole industry gets out of the OSHA spotlight and we all can go back to work.

Tuesday, January 08, 2008

Kentucky OSHA Attack on Nursing Homes

Subject: How to Avoid “Department of Labor (O.S.H.A.) v. (Your Name) Nursing Home”

As part of another client’s defense efforts, we discovered documents disclosing the internal goals and strategies of OSHA. We learned a number of things which will be of a great concern to you.

  • First, you need to know that your industry is OSHA’s number one target this year and next for increased compliance enforcement.
  • Second, you need to understand that it does not matter to OSHA what your prior safety record has been, they frequently make examples out of employers just to get their attention and acquiescence.
  • Third, and worst yet, after the OSHA Appeals Court success in the recent Beverly Enterprises case, OSHA no longer needs regulations and standards to issue you citations; they can and will penalize you under the vague and broad ‘General Duty’ clause in the Act that requires you to provide a safe work environment as OSHA now interprets it.

Part of our practice is defending employers from overzealous regulatory agency actions. Of late, OSHA is a large part of our practice. We are offended by what we learned from OSHA’s own documents. So, we have developed a three-pronged program to reach out and protect you with what we know. The three prongs are: 1) Free – a quick heads up as to what is coming your way; 2) Prevention– a small, one-time fixed fee, cost and expense on ‘how to’ prevent OSHA from doing what they intend to do to you; and 3) Mitigation – how to minimize the damage if OSHA has already hit you. Please look over the attached to learn more.


Free- Heads Up –OSHA Is Coming

Call today for us to share with you what we learned reading OSHA’s inside communications, what they have in store for you, the nursing and personal care industry. We will give you the highlights of the Beverly Enterprises ruling, and why it is so dangerous for you and empowering to OSHA this time around. Together we will spend a moment exploring the status of your current safety program, and what specifically OSHA intends to target inside your facility.

This call is Free. Give us fifteen minutes of your time that will save you thousands of dollars in penalties and aggravation headed your way this year. Call us today, before your doorbell rings.

Fixed Fee – Prevention Planning

If OSHA has not yet come calling this year, you critically need to know what we learned reviewing the inside OSHA communications. If OSHA has visited you yet, call us to help you keep them out. You may be inadvertently bringing this problem on yourself; find out how to stop. Find out what to do and say the next time OSHA rings your doorbell. Find out why OSHA is after YOU. What if we shared with you a program that kept OSHA away from you -- sound too good to be true? It is possible if you do what we say. Find out about OSHA surveillance and tracking, and how they single you out to target. Let us explain to you why you never want to hire those safety consultants that OSHA is pushing on you. Did you know that OSHA has a “most hunted” list of employers that they intend to beat into submission? Post-Beverly, your industry is susceptible to terrible regulatory abuse and from the OSHA records we saw, they intend to give it to you. From this visit you will learn two very important facts: 1) how to stay out of the OSHA spotlight (which is why your industry is in trouble now); and 2) how to cause OSHA to skip you and go on down the street, leaving you in peace.

Wednesday, January 02, 2008

Mr. Larry Cox

Office of Senator Mitch McConnell

601 W Broadway, Suite 630

Louisville, KY 40202

Subject: Homeless & Sen. McConnell’s Support

Dear Mr. Cox:

Enclosed please find our Supplemental Application that Senator McConnell encouraged us to make on behalf of the homeless in our area. Attached for your background information is our letter of appeal to the Senator, dated April 26, 2006, and the Senator’s kind reply to us, dated June 29, 2006. I missed you last week while you were out of the office.

The application is made under the McKinney-Vento Act to benefit the homeless in the Metro-Louisville region using title V under-utilized and surplus federal properties. Our application is made under a local 501c3, Rock Cosmopolitan Church, Inc, Rev. David Pitts, and with the support of the University of Kentucky, School of Agriculture, Chair Steven Bullard, and The Coalition for the Homeless, Inc, Executive Director Ms. Marlene Gordon; the latter knows and speaks highly of you and your office.

Our hope is that with the Senator’s encouragement that the Department of Health & Human Services will feel more inclined to support the application; in lieu of looking for a reason to say, ‘no’ because it is outside their comfort zone. I believe that it is apparent in hind sight that Congress erred thirty years ago when making HHS responsible for screening McKinney-Vento applications. HHS is a social services agency, more comfortable developing bird flu policies than administering physical and economic development programs involving title V federal properties. Billions of critically needed dollars in unwanted title V properties are denied their use to assist the homeless by the acts of HHS, merely because HHS lacks the expertise to administer their economic development for the benefit of the homeless.

The Senator could accomplish a great step for mankind were he to fix the McKinney-Vento log jam at HHS by giving the work to another agency capable of performing the task. The Senator could accomplish a great step for the homeless in our community, within the current system, by encouraging HHS to approve our application. After all, it is supported by some of the best in the Commonwealth; The Coalition for the Homeless and the University of Kentucky. If these service providers are again deemed inadequate by HHS, it is apparent that HHS is thwarting every purpose of the McKinney-Vento Act to assist the homeless.

We are submitting the Supplemental Application to HHS under separate cover. Additionally, we are providing a copy to Senator McConnell’s D.C. office for their use. We request of you to kindly assist us to coordinate our effort with your D.C. office. We truly appreciate the generous support of the kind Senator and his staff in our regard.

Senator Mitch McConnell

361-A Russell Senate Office Building
Washington, DC 20510-1702

Subject: Homeless Assistance Roadblock in Health & Human Services

Dear Senator:

We need and plead for your help. We tried to work within the system, however, HHS thwarted us in our efforts to assist the homeless using surplus federal properties under the McKinney Act.

This Act goes back to the 1980’s and never has performed as it was intended. Several class actions later and decades involving numerous Congressional amendments to fix it, all appears about to work but for the current roadblock at HHS. HHS reports that they have ‘an internal policy against approving any application involving an economic benefit’ under the Act to assist the homeless. And the dismal approval record of HHS confirms their ‘just say no’ internal policy.

Today, over ten thousand surplus federal properties languish and provide no intended McKinney Act homeless benefit largely because of this HHS internal policy. To illustrate the lost opportunity to assist the homeless, we share our program with you. Our firm currently represents three non-profit applications before HHS, all having an ‘economic benefit’ purpose to “assist the homeless’ under the Act;

  • Sustainable Timber Management – over 5,000 acres of Corps surplus properties located in KY, MS, TN, AR, and LA, under the care of the University of Kentucky School of Forestry, where the revenues are pledged to The Coalition for the Homeless, Inc., Louisville, KY. This program will generate millions of dollars of new cash revenues to ‘assist the homeless’, while leaving the lands unchanged in use. Because of HHS policy against economic benefit in their approval process of the McKinney applications, these same Corps properties have been posted yearly on the Federal Register since 1990, with no takers and providing no benefit to the homeless. Because HHS wants a homeless operator, with money, and need to use that particular property, as is, where is, and only to house the homeless therein, these properties will never benefit the homeless under this narrow restriction to the Act. HHS has denied this application of ours.
  • Indian Gaming, Marion, Indiana – half way between Indianapolis and Ft Wayne, there lays a nearly abandoned Veterans Hospital, deemed surplus under title V of the McKinney Act. The site is beautiful, campus like and full of old historic buildings. The town, like many now in America is suffering from loss of jobs, tax base and is a great supporter of our application on behalf of an upstate New York non-profit to take this land under the McKinney Act, lease it to a Native American Indian tribe and develop it for gaming purposes. The Native American Indian Counsel is also supportive of our proposal, since very few Indian gaming facilities exists east of the Mississippi. A portion of the gaming revenues would be pledged through the lease, to the exclusive benefit of the Homeless located in Rochester, New York. This proposal is an economic proposal, and will be similarly denied under HHS’ unwarranted internal policy. Millions of new revenues to assist the homeless will again be lost. The Town of Marion, the Indian tribe, and the homeless all suffer because of HHS’ refusal.
  • Eight Story Federal Office Building Albuquerque, New Mexico – In the heart of downtown Albuquerque lays a 270,000 sf surplus federal office building in need of considerable repair, however, located in a prime commercial market. We have another application for another non-profit, also located in upstate New York, to sublease this building to a developer as-is and pledge those revenues to benefit the homeless in upstate New York. This application too will be denied under HHS’ ‘no economic development’ internal policy. If the current as-is rent is only $10/sf on this property, and the lease is for 75 years, the lost cash benefit to the homeless from this unfortunate HHS internal policy is $200+ million dollars; from just this one property alone (and the feds have over ten thousand of them!)

There is no reason that America has a homeless problem given the McKinney Act but for the obstructive administration of the applications by the Dept of Health and Human Services. In just the three applications that our firm has before them, something close to a billion dollars in new homeless revenues would result; but will be lost until someone opens the roadblock now at HHS.

We would be happy to come meet with you, and/or HHS with you, or discuss these applications in any matter that you wish, in the interest of clearing the way for McKinney to provide millions of dollars in lost revenues to assist the homeless. Please advise what your office can do to assist. Thanking you in advance for your kind assistance.