Awfully Quiet in Nashville....12/4

I figure that they're actually beginning to realize what Hud saddled them with. One scenario:

He bought hospitals that no one else wanted, but looked good on paper, tried to run "the big con" ala the Sting, and with him gone, things will probably fall apart.

He could sell the idea that the hospitals weren't profitable while they were being renovated. That renovation would take years. And years to start. Meanwhile, he could acquire some actually good properties (Muskogee comes to mind, as well as Weatherford) and borrow against the idea that his corporation owned five hospitals that they were willing to put money into. Sort of how they got Paris.

Or:

He actually believed that he could package a working system that would make the 15-20% return that he forecasted from bankrupt hospitals.

Your choice.

Essent should keep community informed....12/7

This is the first time I've seen the Paris News take a chunk out of the hospital:

Staff reports
The Paris News

Published November 26, 2007

Officials at Essent Healthcare, the parent company of Paris Regional Medical Center, need to keep this community informed of events such as a change in leadership at the top as happened earlier this month in Nashville, Tenn.

The Paris News became aware through a third party, and almost a week later, the companys founder, Hud Connery, had been forced to step down as chief executive officer by the companys board of directors and that Mike Browder had been named acting chief executive officer.

Essent public relations specialist David Jarrard did respond to a request for information for a Nov. 19 story, but an e-mail communications problem prevented us from receiving a response in time for that days edition.

Jarrards response was brief, stating the board of directors has a commenced a search for a permanent chief executive officer. He also said in the written statement that Browder joined Essent in 2001 as chief financial officer and that he served in a similar post for TMC HealthCare. From 1993 to 1999, Browder served as vice president of finance operations for Health Management Associates, Inc., where he was responsible for financial operations at 32 hospitals.

We should have received that information as soon as an event of this magnitude took place, not a week later and only at our request.

Members of our community should be kept abreast of what is going on with Essent. Paris Regional Medical Center is one of this communitys largest employers and serves the medical needs of the majority of our residents. In the past this newspaper has been supportive of our local hospital, but being left out in the cold about major events does little to help a relationship. After all, it is the responsibility of this newspaper to keep residents informed. A change in Essent leadership certainly warranted an immediate notification.

Actually, Hud's change in status happened in October. I posted the news on the 9th of November.

What If....12/8

Dux has been more than willing to say that he wants to get rid of those elements that Bitch, Piss and Moan at the hospital, but let's look at that....

His definition of bitching, pissing and moaning might be a bit different than ours. For one thing, those that are recognizing problems, and suggesting solutions are the ones that aren't saying, "That's not my job." Maybe administration would prefer that they were, but patients don't.

Housekeeping used a wax that was softened by the cleaning solution they used to mop it. It produced a sensation of sticking to fly-paper as you walked. Solution: Change the wax, or change the cleaner. The extra money spent would be paid back in public perception almost immediately.

An effective suggestion program can make the difference between red and black ink, but the opinion is anyone that doesn't believe that the moon is made of green cheese (admin's view), is a troublemaker.

Toyota is often cited as having one of the best suggestion programs of any corporation. They also had not laid off any employees since 1950 (not sure if that still holds true, but probably so.)

When you feel that your ideas do not fall on deaf ears, you are far more likely to feel appreciated for your efforts. As admin has found, complaints that you hear are backed 10 to 1 with those you don't. This blog could be a demonstration of that.

Complaints are opportunities (ironically, the link is about Vandy.) And the first part of a problem-solving process is to identify the problem. Those that don't appreciate that fact are doomed to failure.

Say the hospital did get rid of all those who have read or commented to the blog. Can you say, Ghost Town?

Rumors and Propaganda....11/26

Not quite the latest rumor, but it is said that former CEO W. Hudson Connery Jr. was walked from Essent by security and that he is under investigation for embezzlement (a possible criminal charge, forthcoming?) I'd say that it qualifies as not "not unfriendly". What do you think? I can't say that this is first, or second, or third-hand (can you say anonymous?), but you never can tell.

Remember, this is dealing with a capitalization of over $200 million dollars. How tight is the cookie-jar lid? (Note: The real financials from Crossroads were never made available to the CT officials when they were considering Essent's purchase of Sharon Hospital. That was mentioned in the decision summary.)

An aside: In searching for records on Connery and CT, I ran across a house owned by Hud and an Ann Moore. It would appear that Ann Moore used to be in the clique of former Governor John G. Rowland, who pleaded guilty to a corruption charge (his administration approved the Sharon conversion from not-for-profit to for-profit, first in CT). I can follow Ms Moore's career through the CT governmental positions she held, as a lobbyist, and to a law firm (UPDIKE, KELLY & SPELLACY, P.C), after which she disappears (career-wise), apparently not practicing. They even hired an attorney to prepare a variance for submission on the house.

Looking at Hud's replacement, Mike Browder's duty description caused another series of questions, see if you can find and answer them:

"Michael Browder joined Essent in 2001, and is responsible for all traditional corporate financial functions including routine reporting and capital structure development. In addition, he is responsible for information systems development, corporate risk management/insurance and detailed acquisition support functions, including due diligence."

Did you see? Corporate risk management, insurance, and due diligence. Responsibility for due diligence puts him in the hot seat for failing to recognize PRMC's shortcomings, insurance for the gay couple's lawsuit, and risk management for the go ahead on the actual Essent-Doe lawsuit. You wonder why he wasn't out the door before Hud....

Can You Say: Sub-Prime?....11/24

$55 million term loan and $20 million revolving line of credit from GMAC-RFC
$80 million from Vestar Capital Partners of New York City
$50 million Thoma Cressey, plus another $10 million

So, with over $200 million invested, what do they get?
Two hospitals that are paddling in red ink.
One that has gone up and is headed down.
Two that are reasonably profitable. (However, nothing close to what was forcasted....) They're the ones absorbing the losses of the other two.

This, my friends, is called venture capital. They would have done better investing in liquor stores and pawn shops. With the bottom falling out of sub-prime real estate loans, one wonders if this is in the same catagory. Banks and lending institutions all over the country are feeling the pain--just look at the stock market.

But, don't worry, GE only lost $17 million of the $25 million they had in Arcon. (Source: Final Decision, Sharon Hospital.)

I really want to see how Michael Browder's vision for the company is going to pull this one out of the fire....

Essent's Future....11/25

I suggested to a person in the industry that there are only a few possibilities for Essent: Sell or turn into a kinder, gentler Essent--more of what they pitched to Paris in the courtship.


He replied:

Hud was the central focus of this whole thing. With him gone, the venture capital guys have to either expend a lot of effort to put a new team in place and hope that things improve or they can cut their losses, get what they can through a sale and move on to something else. I don't think any of them have a particular passion to manage hospitals. If the company were bigger, I could see them wanting to salvage things with a new management team. But with just 5 hospitals, I'm guessing they'll let someone else have them.

The sale might be compromised by the pending settlement with Hud, depending on the length of time it takes. Ironically, he might be the only winner in this mess, or the spoiler that will destroy the value for everyone. I'm betting on the petulant child.



What could that do for or to Paris? The biggest problem Paris has is the joining of the two hospitals. Too much property, too many duplicated services, and a lack of competition to make it work. If Hud holds out, it could force a fire sale, or, an actual bankruptcy that might split it up (how long have I been saying this?) Or, if he settles early, we're stuck with the status quo.

I can't see any progress on the new Heart Hospital. This was originally delayed until April from the new year. What is the projection now? If Essent is going to bluff it out, it almost has to get going with the plans to show that management hasn't slipped.


I'd say they're dancing on banana peels.

History Repeating....12/10

Looks like Hud has another lawsuit to deal with. When HCA merged with HealthTrust, Hud lost his stock compensation plan (it didn't pay 'til the year end)...and so these are the elements that lawsuits are made of.

It appears that Hud has actually been out of the office for the last couple weeks--and the settlement between he and Essent is not amicable. Several million dollars worth of he said--you said, and wrangling about actual contractual obligations. Wonder if either will be able to use a Nashville law firm?

Anyway, Hud lost the first one, and its appeal. Wonder what happens to this one?? Stay tuned.

And, if anyone was wondering about Matt, I thought I would mention this:

One of the 'discussion groups' that he logs into also logs the IP address that he uses. I have a readout of his as well. And, a lot of his phraseology is the same. Tracking back his comments gave me his posted vocation (but all people lie, according to House). So, either he's Mattndallas, or a co-worker (that has picked up his manner of addressing issues) is. He just picked a poor mentor.

Connery forced out at Essent Healthcare....12/1

According to the Nashville Post, W. Hudson Connery has been forced out of Essent. The former CFO Michael Browder has been named to take his place.

The irony is, he might make out better by that happening than by captaining it into the rocks. If there is a corporate buyout of his stock, it might save his nest egg.

It doesn't mean it's over, folks. Maybe just starting....frank

NashvillePost.com has learned that Essent Healthcare founder and 30-year industry veteran Hud Connery has been forced to step down as CEO by the company’s board of directors.

According to NashvillePost.com sources, the hospital operator’s CFO Mike Browder has been tapped to serve as the acting CEO and, they claim, is a candidate for to take the helm of the company permanently.

The board, led by investors from Thoma Cressey, has not announced the change, even to the Essent’s staff, as the shift, apparently, is not an amicable one. Allegedly, Connery and the board are currently at odds over a severance package and that his options in the company could total several million dollars.

Sources went on to claim that the board and a number of Essent’s investors would like to sell company.

Connery launched Essent in 1999. The company’s first hospital was purchased in April of 2000. Prior to that he was the leader of the now defunct Arcon Healthcare. That company, which was based on a “hospitals without beds'' concept filed for chapter 11 in 1998.

I'm going to add as needed to the original post (one has to be flexible....) just for continuity of the thought. The latest:

[Update, 2:26 p.m. Monday:]
Following the posting of this article on Friday, David Jarrard, a spokesman for Essent, sent an email to NashvillePost.com confirming the departure.

Jarrard disputed NashvillePost.com’s characterization of the shift saying, “the transition is not unfriendly.”

In the e-mail, Jarrard also said that “Connery has no options with Essent,” and “Essent staff were informed of the transition earlier [last] week.” While repeated attempts to contact Jarrard seeking clarification have so far gone unanswered, NashvillePost.com was informed that Connery does in fact have a sizable equity interest in the company, though the use of the word "options" was technically incorrect. Further, NashvillePost.com has been told that despite some staff’s having been informed, as of Friday afternoon the vast majority of Essent’s employees were unaware of the move.

According to Jarrard, discussions of a possible sale have been tabled for the time being noting that “every Essent hospital is profitable and growing in their markets."

Last thing first: Merrimack Hospital is sitting at $-1,498,033 for last period listed, according to American Hospital Directory (AHD.com).
Southwest Regional Medical Center -- $-212,615, and with a net of $860,296, Nashoba Valley Medical Center (57 beds) is over twice as profitable as this (PRMC) hospital (228 beds listed, what happened to the other 100 or so?).

Not "unfriendly"??? What, we haven't dug out the squirrel guns yet? The board has back-doored at least two offers that fell through and finally pitched Hud out. They aren't selling because there are no buyers. What kind of value does that ascribe to Essent??? You do the math:

Zero!

No wonder Hud wants to take his money and run.....

In Need....11/9

There have been a few requests for publicity sent to me, generally for a good cause, and that brought forth an idea. Normally a blog on blogspot is filled with ads for a variety of less than desirable products.



I'd suggest that I can do some local good with announcements for fundraisers/benefits/non-profit affairs. The blog does get a fair amount of attention, and if the cause is a good one, send it in.... I'm going to play with some html tags and see if I can put some of the unused space to a better purpose.



This in no way suggests that the organizations are supporting the blog. This just means that some of the people that read the blog support the organizations.



With some of the limitations on soliciting for even good causes, maybe you can make a difference. 'tis the season....

Alternatives....11/6

You might ask yourself: What could one state representative....one of 140.....not to mention the 31 state senators do that would affect this case one way or the other?

They can't. They are going to have to legislate for the next incident that might show up on the horizon. I suppose Essent could refile, maybe better thought out, but that's another case, not this one.

The appeals court has a bit of a problem. And second guessing might not be my strong suit here: If they rule strictly on the basis of law, the case is finished, and Essent stews in its own juices. But there is a gap that needs to be plugged. Will the legislative body move with haste to plug it?

If they feel that it wouldn't, do they rule against the rule of law? There is a lot of interest in this case on a national level.

This is where one (or more) of the representatives steps up and proposes legislation to fill the gap. And it truly is an issue that should be bipartisan.

I should imagine that there is cross-channel communication between the branches, and this might be an issue that is approached in that fashion.

Changes....11/3

The internet has changed the face of news, advocacy, and social consciousness forever. I don't know what else has been as revolutionary in the distribution of ideas since the advent of moveable type. Television, certainly, but the production and distribution cost takes that out of the reach of most of the population. The internet is a true leveling of the playing field.

For the cost of a computer, an internet connection and an idea, anyone can be published, quoted, and assessed for worth--on an international level. My ideas, comments (rants, if you would), have caught a level of awareness and kindred spirit of which I was previously ignorant. I knew the problems existed, just not how many others did.

But, this hasn't just been my blog, there are thousands of like ilk, advocating almost every conceivable subject. (There are millions of blogs, but most are of the on-line diary type.) I think that the tendency is to try to make an old law fit a new venue. We need legal guidelines that actually fit the circumstances, not that are taken like a square peg, and whittled down to fit.

An example is a blog in Galveston, GISD Watch, which is under legal attack, as well. One would think that the board, since they are elected posts, would be considered public figures, and as such have little to contest, as long as the comments made were true. According to the blog, the board members are willing to spend the district's money to put an end to that idea.

The board wants several items on the blog removed, and is suing the blogger to do so. Kind of sounds like a freedom of speech issue, and vaguely familiar.

Sixth Court of Appeals....11/1

What is taking place now is the consideration of this case as well as the possible ramifications. While I would like to feel that this is exclusively based on the situation at hand, the legal system does not operate in a vacuum. One has to consider the worst case scenario that might transpire under any ruling.

The easy decision would be that of tossing out the case because my lawyer has no standing in the court. (John Does are in somewhat of a quandary, as well as the representation of such in Texas.) A harder decision is whether the judge's disclosure order can stand review.

Should it stand, it makes a mockery of the Cable Communications Act, and any semblance of privacy. Virtually anything that you regard as private can be disclosed on the basis of a civil suit, with out any proof. That's what the Essent lawyer argued.

But, should a far more over-the-top anonymous blog be allowed free rein without fear of repercussion? Legislation should be enacted to plug the hole.

It comes down to the immediate rights of the individual, and the possible distress placed in a worst case senario.

There is national attention being devoted to this case.

Right Click on Case 06-07-00123-CV, and select open in new tab or window depending on your version of Internet Explorer. Users of Macs, Linux, and Firefox are on your own.

Suddenlink Pipes Up....11/6

Received this as a comment, thought it deserved a top billing:

I apologize for the anonymous label. I don't have a Blogger account for work purposes.

In short, I’m with Suddenlink. Please don’t be alarmed by that: I’m friendly (at least I try to be).

I just wanted to drop a comment in here to try and set the record straight. Our company has spent (and continues to spend) time and money to protect this blogger’s interests. For instance, early on – when we were first ordered by the court to disclose the identity of the blogger – we informed the court that, before any disclosure could be made, the law required that the blogger be notified and have an opportunity to object.

Our bottomline position is to protect our customers’ interests while also complying with the law, in this case, the court’s final order. Net: We’re in a tough position, too, and simply trying to do the right thing. I hope that counts for something.

Pete Abel
Vice President, Community Relations
Suddenlink Communications
pete.abel@suddenlink.com

Pete,
My heartburn is that Suddenlink has not filed any objections, especially early on, despite there being no actual Texas legislation requiring the company to turn over records except in criminal matters.

Most of what has been cited has been out of state, because of that simple reason.

And, you don't need a blogger account. Click other and fill in whatever you wish.

I know you have had a legal presence at the proceedings. My contention is that your company should be the ones petitioning the Writ, instead of me. Rather than that, an agreement with Essent was reached for a disclosure. Had I not retained James, some very bad law might have been written from the bench, and had a precedent....frank

Note: Was looking for a "Pipes Up" tie in and ran into this accidentally. Crossroads seemed fitting....frank

Something to Ponder....10/24

One of the areas that we forget to take into account when we transmit records is the fax. Merely stating that "if you weren't supposed to get the fax, you should destroy it" doesn't meet HIPAA standards of PHI protection.

Who is responsible for any breach? The sender.

Received a comment about the circumstances involving the North Campus patient that PRMC accused me of violating HIPAA about. Then I realized: The only way someone could identify the patient was if they had been given information by the family. Or if someone had access to the PHI. I still don't know the patient's name, nor do I want to.

And, yes, it came as an anonymous comment.

Tomorrow, oral arguments will be given in Texarkana as to forcing Suddenlink to disclose my identity. That is all it is for. It has no bearing on the accusations that PRMC has, it only says that the court can or cannot compel the internet provider to disclose without proof of an actual offense, merely by accusation.

Should the court rule in my favor, Essent still has the option of attempting to prove their accusations to a sufficient standard for disclosure. The bar will just have been raised a bit higher. And, rather than making an end run around the system, the means and the goal will be in their proper order.

Is this over? Probably not.

This Week in Brief....10/22

The big issue is the appeal's oral arguments in Texarkana next Wednesday. Hopefully we'll have a definitive view of the subject of privacy in Texas.

I had a commenter that was doing a fair amount of threats, name calling, and bad grammar. So, I made a point of tracking the IPs he used (I can download a report, time sequenced, so I matched the times with the comments. I deleted all the other listings, since that would give the data to Essent, should they win.) The only one they'll have a record of is their stooge. Like I do.

Hal Andrews, former Senior Vice President of Development for Essent (fired by Hud) was made CEO of Data Advantage Corp. Just indicates that being fired from Essent is not one of the worst things that can happen. Actually, it might be the best.....

The second PRMC IT person suspected of being me was fired. Kevin probably didn't want to stay anyway, since Race was sold. Christus ought to pick him up, knowing their system as well as he does. Actually, this is a perfect way of getting rid of an IT person that might be superfluous, since the consolidated data center was created, rather than paying benefits. Even the RIF policy wouldn't have cut those.

We found out that a community can take back its healthcare with Bonham's announcement. And, Hud still thinks that PRMC is a $100M proposition. Too bad no one else does....

Andrews to head Data Advantage as CEO....10/17

Hal Andrews has been named chief executive officer of Data Advantage Corp., the company announced.

Andrews, 40, served previously as senior vice president of corporate development of Irvine, Calif.-based Cogent Healthcare, which manages hospitalist programs in healthcare facilities. He has a law degree from the University of Tennessee College of Law, Knoxville, and a bachelor's degree from Southern Methodist University, Dallas.

Data Advantage, Louisville, provides healthcare information services to more than 500 hospitals and healthcare facilities across the country. -- by Jean DerGurahian/ HITS staff writer

Nice to know that there is life after Essent.....

Twelve local investors to buy Bonham hospital....10/17

From a comment:

By Vicki Graves

BONHAM — Twelve local doctors and investors recently took on the venture to acquire Red River Regional Hospital and it will be locally owned and operated.

Their $3.2 million offer was accepted Thursday by Attentus Healthcare of Nashville, Tennessee, CEO Dave Conejo said Friday. Officials at Attentus Healthcare couldn’t be reached Friday for comment. Hospital officials now move toward “doing the due diligence” and getting the loan completed. Their goal is to have that done by year’s end.

The majority of involvement is from area physicians. Now, they just have to do the work that will consummate the transaction, Conejo said.

The closing process will involve getting the property inspected, having a title search done and making sure there are no problems.

All contributions are held in an escrow account at Bonham State Bank.

When the local investors take ownership, they said they will completely remodel the emergency room and all patient rooms.

“The way the hospital is set up, we decided not to try to squeeze two patients into one room,” Conejo said. “When this hospital was built 38 years ago, two patients were kind of tight in those rooms, so we decided to make them all private.”

Patient rooms also will be equipped with comfortable recliners for family members who want stay at the hospital with their loved ones.

The enterprise began when the idea came up just two months ago.

“We’ve got a lot of people that are really getting behind this,” Conejo said.

The group doesn’t have all the money yet but has pledges lined up for a large portion of it and is confident that by month’s end, the rest will be in. All contributions and investors are welcome, he added.

One has to wonder, why the local docs haven't joined forces with other local moneymen to regain control of PRMC from Essent.....or is the price too high?

Now, my take: Interesting that I was being taunted by one of the Essent hanger-ons, and he had the following to say:

Like I said in my earlier note to you, since you are so good at hospital management, you should go raise some buckaroos and buy the hospital that Community Health ditched in Bonham. Why I betcha as smart as you are, you could jes' suck Paris Regional in no time flat. In fact, I bet you could bring Essent to its knees.

He might actually be right. Clarksville has seen an increase in utilization, as had Bonham. With the troubles we've had here, it would appear that some shrewd investors saw an opportunity to not only take more control of their destiny, but to leverage an advantage out of Essent’s troubles. It isn't the big threats, it's the chipping away of the healthcare dominance that Paris once had. Essent has provided the opportunity, and now it's being taken advantage of. Hopefully they do more “due diligence” than Essent did.

The shame of it is, by the time Essent is forced to sell, there might not be anything that is worth buying.... I heard that the taunt came from a lawyer...maybe he should be advising his clients, as prophetic as he is, rather than me!

Analysis of the Court....10/19

I was flipping through the Googled hits, and happened across the "Citizen Media Law Project":

The Citizen Media Law Project (CMLP) is jointly affiliated with Harvard Law School’s Berkman Center for Internet and Society, a research center founded to explore cyberspace, share in its study, and help pioneer its development, and the Center for Citizen Media, an initiative to enhance and expand grassroots media.

What they had to say about the case was interesting, to say the least, and may help on the 24th, when arguments are presented:

Not surprisingly, Judge McDowell's September 14 letter ruling in the Essent case makes a muddle of all this. First of all, it is bizarrely formatted -- the legal analysis is contained in two paragraphs that are italicized and indented from the rest of the letter, giving the impression that these paragraphs are quoted material, but without any indication of their source. Some independent researched turned up the following observations:

The first paragraph comes almost verbatim from Polito v. AOL Time Warner, Inc., 2004 WL 3768897, at *5 (Jan. 28, 2004), a case involving a subpoena to uncover the identities of anonymous AOL subscribers who allegedly sent the plaintiff harassing e-mail messages. The language that Judge McDowell quotes from Polito, however, relates exclusively to another case, In re Subpoena Duces Tecum to America Online, Inc. (noted above). Specifically, Judge McDowell appears to be invoking the standard applied by that court -- namely, that "the pleadings or evidence" satisfy the court "that the party requesting the subpoena has a legitimate, good faith basis to contend that it may be the victim of conduct actionable in the jurisdiction where suit was filed." In re Subpoena Duces Tecum to America Online, 2000 WL 1210372, at *8. In that case, the court considered evidence outside the plaintiff's complaint, but it did not make clear whether that was required by its standard.

The second paragraph comes verbatim from Alvis Coatings, Inc. v. Does, 2004 WL 2904405, at *3 (W.D.N.C. Dec. 2, 2004), a case which applied an especially weak version of the "prima facie" standard. There, the court was content that the plaintiff had "averred that the statements are both false and damaging to the Plaintiff's trademark and to its business generally." Id. at 4.

McDowell's letter never explains which standard he is choosing to apply -- Polito, In re Subpoena Duces Tecum, Alvis -- they're all different standards, especially if you look at them closely. Worse, McDowell never even tries to apply the (as yet unknown) standard to the facts of the case. The letter ruling says only:

After considering the above [i.e., the two paragraphs taken nearly verbatim from different decisions], the Court hereby concludes that good cause has been shown and the burden by the plaintiff has been met to meet the requirements of the exceptions to the [Cable] Communication[s] Act to grant the request by Plaintiff for the Internet service provider to furnish the name and address of the subscriber.

Apparently, Judge McDowell believes that no evidence to support Essent's claim is required. That is bad enough, but it is a debatable proposition under the case law. He apparently also believes that no analysis of the allegations in the complaint for facial sufficiency is required. Whatever the standard, this is surely wrong.

Blogger to remain unknown for now....10/12

For an update:

By Bill Hankins
The Paris News

Published October 10, 2007
TEXARKANA — The identity of an unknown blogger named in the Essent-Paris Regional Medical Center lawsuit will not be revealed today.

The 6th Court of Appeals in Texarkana Tuesday issued a stay of 62nd District Court Judge Scott McDowell’s order for internet service provider SuddenLink to reveal the identity to the court by 10 a.m. today.

Attorney James Rodgers of the Moore Law Firm in Paris said the Court of Appeals granted a stay of the disclosure until Wednesday, Oct. 24. At that time oral arguments from both sides are to be heard to determine whether the information should be revealed.

Rodgers Monday filed a writ of mandamus asking the court to look at the disclosure issue.

The hospital filed the lawsuit June 19, accusing the unknown blogger of wrongful conduct in publishing “false and misleading” information detrimental to the hospital and asking he be silenced.

In its lawsuit, the hospital alleged some of the information on the blog was obtained illegally.

It said the blogger “published statements with malice, with a reckless disregard for truth or falsity and with negligence in failing to ascertain the truth of the statements.”

McDowell ordered SuddenLink to reveal the name of the blogger, but SuddenLink said the blogger must first be notified and given the right to lodge a protest to the disclosure.

Rodgers countered, telling the court the Cable Communications Act prevents such disclosure.

McDowell, citing a Circuit Court of Virginia case, then said the identity could be revealed if evidence satisfies the court the party requesting it has a legitimate, good faith basis to contend that it may be the victim of conduct actionable in the jurisdiction where the suit was filed.

Rodgers then filed the writ of mandamus asking the appeals court to intercede. It issued the stay order Tuesday.

Intentions....10/10

The intent of the action is solely held by the individual 'acting'. In my case, Essent ascribes my motivations as quite low, while many readers place them on a pedestal. The truth is somewhere in between. The comment about Publius took me back to my 7th grade Civics class, so very long ago.

"The consciousness of good intentions disdains ambiguity. I shall not, however, multiply professions on this head. My motives must remain in the depository of my own breast. My arguments will be open to all, and may be judged of by all. They shall at least be offered in a spirit which will not disgrace the cause of truth." -'Publius' The Federalist No. 1

Hamilton probably wrote the bulk of the Federalist Papers, but the contributions of John Jay and James Madison are far from forgotten. Could you imagine those authors having the power of blogs at their disposal? (A sidebar: Where is an Iraqi Federalist blog? Probably is one, and the topic is better left for a different blog.)


Has the blog been completely altruistic? Probably not, very few things are. I just see too many things that there should be awareness of, hidden from the public consciousness. We base so much of healthcare on trust. When that trust is violated, we all suffer.


Essent would probably say that their trust was violated, but the truth is, in healthcare we have so many barriers to knowledge of what really happens. There really is no 'loyal opposition' in healthcare. Government is the closest thing we have to that, as an advocate.

What happens in a socialized medicine senerio? Would I be facing a Federal suit? And who then is left to monitor?

A long while ago, I received an email from a blogger in the Netherlands, saying that he was fascinated by the blog, because in his country there wasn't such a thing (to this level). He wanted to follow-up with questions and an article, and suddenly nothing. Maybe, in a socialized medicine country, that's one stone you don't kick over.

It is ironic that the reason Essent was able to track back on me is because I wanted to be accurate in what I wrote--by using their own words. Posted at their own websites. I just did it a bit less covertly than I should have.