Oliver B. Mitchell IIIP. O. Box l9l2

Long Beach, California90801-1912

January 7,2011SCVA

U.S. Senate Committee on Veterans Affairs412 Russell Senate BldgWashington, D.C.20510(202)224-9126

From: Oliver B. Mitchell III, Patient Services Assistant, GS-5, Department of Veterans AffairsTo: U.S. Senate Committee on Veterans Affairs, Washington, D.C.Attn: Senator Patty Murray, Chairman, Senate Veterans Affairs Committee

SubJ: FRAUD, WASTE AND ABUSE AT VA MEDICAL CENTER LOS ANGELES, CA

My name is Oliver B. Mitchell III I'm an honorably discharged U.S. Marine and Veteran currentlyemployed with the Department of Veterans Affairs Greater Los Angeles Medical Center located inLos Angeles, California. My current position is a Patient Services Assistant GS-5. I'm currentlyassigned and detailed to the Department of Mental Health Services as of December 2009. Myemployment with this facility began on February 4, 2008. Since my employment I have noticedquestionable practices that compromise patient safety, care and services to include Fraud, Waste andAbuse of Government funds and services.

On March 24,20A9I filed a formal complaint with the Department of Veterans Affairs Office ofInspector General for Fraud, Waste and Abuse alleging quality of care issues. IF TAB I

On April 14,2009 the Office of Inspector General responded stating "based on the information youprovided regarding alleged quality of care issues, we would like to ask the Department to conduct an

inquiry into your allegations." IF TAB 2

On May 14,2A09 I responded to the Offrce of Inspector General by providing additional informationas requested. IF TAB 3

On May 22,2009 the Oflice of Inspector General responded stating "based on the information youprovided, we would like to ask the Veterans Health Administration to conduct an inquiry into yourallegations." IF TAB 4

On June 21,2009I responded to the Offrce of Inspector general by providing additional informationas requested. IF TAB 5

On September 4, 2009 the Office of Inspector General responded stating "based on the informationyou provided, we would like to ask the Department to conduct an inquiry into your allegations."IF TAB 6

On September 23, 2009 the Office of Inspector General responded stating "we have opened a caseon a review of the information of the information you sent to our office, the Case Number assignedis 2009-03767-HL-0981." IF TAB 7

On December 2,2009 the Offrce of Inspector General informed me that there office had closed CaseNumber 2009-03767-HL-0981. IF TAB 8

On December 23,2009 I submitted a Freedom of Information Act (FOIA) request pertaining to CaseNumber 20A9-03767-HL-0981. IF TAB 9

On December 24,2009 viae-mail I was notified that I was being detailed to Out'Patient MentalHealth Services effective January 4,2010. This act was retaliatory and in direct response to mycontinued communication with the Office of Inspector General. IF TAB 10

On January 28,2010I received notice and receipt of FOIA Case Number 2010-01607-FI-0074 inreference to Case Number 2009-03767-HL-0981. Within the FOIA response Management Officialsresponded to my allegation stating "during the period of time in question, the backlog of outstandingrequests for MRI lmaging studies across the Veterans health Administration dated back l0 Years."Clearly Management Officials confirmed the backlog but denied any wrongdoing or allegations ofmisconduct by deleting or purging any backlog. IF TAB 11

On March 23,2010I filed a response to Case Number 2009-03767-HL-0981 providing additionaldocumentation to support my allegations. IF TAB 12

On March 25,2010 in response to my rebuttal submitted on March 23,2010 the OIG respondedstating 'this concerns your fax dated March 23,2010 subject health care for non Veterans we wouldlike to ask the Department to conduct an inquiry into your allegations." IF TAB 13

However on May 5,2010 the OIG responded stating "the issues would remain closed and that I maypursue my concems through available EEO, HR, union or other avenues of redress." Additionally,the OtG opened another case with regards to my allegation of unauthorized use of MRI equipmentassigning Case Number 2OL0-02453-HL-0524. lF TAB 14

On December 1,2010 I submitted a Freedom of Information Act (FOIA) request pertaining to CaseNumber 2010-02453-HL-0524. IF TAB 15

On December 16,2010 the OIG responded stating "they had closed Case Number 2010-02453-HL-0524 without further investigation." IF TAB 16

On December 21,2010 I received notice and receipt of FOIA Case Number 2011-0079-FI-0035 inreference to case Number 2010-02453-HL-0524. within the FotA r"rponr"Illlll

Chief of Staff confirmed my allegation that Chief Imaging Services hadprovided health care services for her then 9 yeaiolcfsonfriliZiilg govemment resources. IF TAB 17

In response to my OIG and EEO complaint I have endured 3 years of Harassment, Retaliation andReprisal. I have received numerous death threats to include threats of termination for filing mycomplaints.

On January 9,20A9 and February 9,2009I was threatened by a co-worker named'ImagingTechnologists.onbothoccasionsfstated..IwasathreattotvtarrageG.imIhad to be dealt with. He continued and on January q2009 he stated "for me to follow him outsidehe had a gun and wanted to shoot me." This incident as well as previous incidents was reported toManagement with no action taken. IF TAB 18

On April 14,2009I filed an EEO complaint, EEOC Case Number 2009-0691-2009102570 allegingHarassment, Retaliation, Reprisal and Hostile Work Environment. IF TAB 19

After a careful review of the Report of Investigation conducted by the Department of VeteransAffairs Office of Resolution Management I became aware that my initial complaint to the Office ofInspector General was also submiued and/or attached to my EEO complaint filed on April 14,2009.It is unclear as to who or why it was placed with my complaint but I'm confident that the facility andmanagement were aware of my complaint prior to the OIG being able to do a reasonable search.Thus allowing management the opportunity to collaborate there story to defend themselves againstthe allegation. However sufficient evidence is available to show that Management Officials wereaware of any backlog, had motive to hide, delete, purge or cancel any backlog in order to continue toreceive budgetary funds credited for doing work that hadn't been done. Below is a summary of theevents and/or conversations that took place prompting my filing of an OIG complaint.

The following information is a summary of what transpired during our SR Team meeting:

On the morning of November 24,2008 during a 60 minute SR Team meeting I was surprised to hearso much discussion about how we could play the system and very little discussion about how toimprove our care and services.

The Chief Technologist for Imaging Services, GS-12 n?*"d-stated "ouraccessibilityforCTandMRIhasn,tchangedduring2ndor3'w*-thi'@.lastyear.Wehaven't changed our accessibility at all. Even with the addition of another scanner our numbers havestayed tlte same." He continued stating "were still booking the old patients, were still playing catchup with the backlog." He suggested "we should try booking the newer patients first, it isn't goodhealth care but it plays the system because after 30 days they drop off the radar anyway." As ourdiscussion continuedlllstated "when we have down time we should take the list (referring tothe backlog list) and just start-purging."

The Chief of Imaging Services, GS-I5 named stated "we need to get started onthe backlog by scheduling patients within 25 days. Were just getting farther and farther behind, wellnever turn our numbers around." In response to a question I asked concerning our backlog andprocedures for handling the backlogllstated "anything ayear old should be cancelled.Cancelled because they wouldn't let us get in theie and do a mass purge so it's just a matter ofgetting in and cancelling them ourselves." She continued stating "my backlog should start at likeApril 2007 not anything earlier than that. Not just MRI but we need to cancel any orders before\tpn] 2007." In risponse to a statement made 6y the coordinator of the SR Tearn meetingll

]tated "a lot of our patients have had there study done somewhere else, have had thilG;?y, have gotten better or just died while waiting for services."-continued stating..themasspurgethingisnotgoingtohappenisthatright?,,posingherquestioniilInformation System Manager.

procedtnes per year with a 10,0q0 increase each year. We could only farm out 40Yo of the work."His response was in response idea of contracting out the workload.

impression that our services weren't about health

ffi ffiJ,:x-"}ff r#rffi *iffi rl?:,#fi "f*ffi sm:y""J,kltH"of fear of losing there job or something." Additionally he went on stating "we do about 140,000

At the conclusion of our meeting I left with thecare but about numbers. The statement made b that many of our Veterans are dyingor have died while waiting for care is unacceptable both modlly and ethically. IF TAB 20

What is clear is that the Department had a backlog for services going back l0 years. Theconversation and statements made by members of the SR Team support my initial complaint to theOIG. In connection with my EEO complaint, on October 30, 2009 during a telephonic interviewwith the Office of Resolution Managemen Chief Technologist for Imaging Servicesstated "the clinic was having problems meeting ffiiSfilaliumaround time for getting patient examscompleted." He continued stating "it's a mandate from Central Office to try to improve our servicefor our Veterans." When asked by the investigator'khy is it a problem being met" he then stated"we have such a large volume of requests for MRI, we don't have the---we only have two scanners."what]radomittedwasthat..wedon,thavethecapabilitytohandlethelargevolumeofrequest thus requiring the need to delete any backlog." IF TAB 2I

In response to my OIG and EEO complaints I continue to receive Harassment with regards to myHealthcare as a Veteran. I'm an African American Male, Service Connected Veteran rated at2AYo,Prior to my employment with the Department of Veterans Affairs I had experienced no problems orissues with my Healthcare. Now as an employee I have and continue to have problems with accessto Healthcare.

On March 31,20A9I received a phone call from Clinical Psychologist,Mental Health Services who stated called him and asked himto speak with me." He continued stating "he treats PTSD patients and he is located in Bldg 256,hebelieves i'am suffering from workplace stress and asked me to meet with him at l1am." In responseto my conversation wltfrJ via email I responded stating "his services were not needed orrequested and to my knowledge no consult to Mental Health Services was placed."

responded via email stating "he was disappointed and very much looking forward tomeeting rne. He recognizes how important this matter was to me. Maybe I could stop by and sayhello.',TodateIhavehadnointeractionorcontactwitl[andhiscommentof..Iknowhow important this matter is to you" is in direct response to my contact with the Director and Chiefof Staff Office.IF TAB 22

sudden onset of illness. freferred me to-Emplgyeeharassment and was berffiiTTifie triase nurseEharassment and was ueruTeo-ufie triage n*r"tErvN anf PhysiciansAssistant. I was called a Whistleblower and troublemakeiffilmade to wait for over an hour

On March 30,2009 via telephone I contacte Chief of Staff to inform him of theincidents that had occurred within the lmaging ServiEe.-Efier Eving notified the Chief of StaffIhave received numerous unsolicited phone calls from the Employee Assistance Hotline and repeatedattempts for "private talks" by Mental Health Services. Coincidentally I'm now Detailed andassigned to work within Mental Health Services the very same Department that has contacted me forprivate talks. My Healthcare within the VA is separate from any complaint I may have submitted as

an employee. Management Officials continue to blur the line.

On September 9, 2009 viaemail I notifiedJabout various HIPPA violations and theconstant interfering by Management with regards to my Healthcare. To date I have received noresponse. IF TAB 23

On October 13,2009I informed my then immediate of the

to wait for over an hour beforeI was seen. I presented with symptoms of those of a Stroke. I had High Blood Pressure, Nausea,Blurred Vision and Dizziness. Eventually I was briefly seen before being directed to the EmergencyRoom for treatment. I returned to my work space and located my Supervisor and had requested toleave on Sick Leave. My request for Sick Leave was denied and I was instructed to return to work.Unable to bear the pain and realizing that my Supervisor was not going to release me on Sick LeaveI checked into the Emergency Room at 10:53am. After again being triaged by the nurse I was madeto wait for over 4 hours before I had seen the ER doctor. I received no treatment and was instructedto return later that evening if my symptoms had worsened. The Harassment I received wasretaliation in response to my OIG and EEO complaint. IF TAB24

In November 20A9I filed to reopen my claim for Disability Compensation. In December 2009 Ireceived a phone call from a gentleman (name unknown) who stated "why were I filing fordisability?" He continued stating "it would be years before I ever got a dime from the VA youF _@* whistleblower." He then hung up. In response to this phone call I contacted the VA Hotlineto inquire about the status of my claim. On February l, 2010 I received a notice from the LosAngeles Regional Office in response to my telephonic inquiry. However the letter didn't address myallegation. Since filing my claim in April 2008 I have yet to receive a response. Again this isHarassment and Retaliation in response to filing my EEO and OIG complaint. IF TAB 25

On December 5,2008 my then Superviso Administrative Officer, ImagingServices rated me as being an "Excellent" employee who was "Fully Successful" in my duties.Within the Elements/Achievement(s) section of my Performance Appraisa stated"Mr. Mitchell has been able to work on our backlog of patients and is assisting in the reduction ofthe backlog. He is now engaged in working on a committee to redesign the system to hopefullyreduce our poor wait times. Mr. Mitchell is concerned about the patients and the workplaceenvironment." s comments are in line with my allegations as reported in my OIGcomplaint. Management Officials were and are aware of the backlog that has severely impactedemployee morale and patient care and satisfaction. IF TAB 26

On January 5,2011 I Chief Labor Relations, Human Resources Department attemptedto bribe me to settle my -urrent EEO claim. In refusing to accept her bribe and tender myresignatio"-stated..shewouldcontinuetoseekwaystoremovemefromSeryice.,,Ms'

Illlactions and comments were retaliatory and in direct response to my OIG and EEOcomplaint. IF TAB 27

The events described above continue to occur and are too numerous to list. I have become thevictim of Harassment, Retaliation and Reprisal for being a vocal and responsible employee for ourVeterans. The continued harassing treatment has begun to affect my health, mental and emotionalwell being and the relationships I have with my friends, family and coworkers.

I'm proud to of served and proud to be in a capacity to serve those before me, with me and thosecurrently serving and returning home from service. However I don't feel that I should be threatenedwith death or bodily harm, termination or admonishment because I wish to conduct myselfaccordingly.

I'm losing faith in our internal process to mediate and resolve issues within our Agency. The valuesand standards in which we promote are being eroded by an Agency that tolerates Favoritism,Cronyism, Harassment and Reprisal.

For your reference I have enclosed several documents for your review.

I appreciate your time and attention to this matter and look forward to working with and for you inresolving this matter.

Should you have any questions or concerns you may contact me via phoneU.S. Postal mail at the address above.

Oliver B. Mitchell III