The deaths of 18 residents of a New York nursing home highlight the continuing controversy over the Cuomo administration's decision not to count deaths in hospitals as nursing home deaths. The home denies the allegations.
This article was published on Tuesday, August 11, 2020 in ProPublica
The nurse with the Columbia County Health Department recorded the COVID-19 deaths at nearby hospitals — two at Albany Medical Center on May 4, another at the same hospital two days later; one at Columbia Memorial Hospital on May 17, and another there two days later — and, along with her boss, concluded there was a pattern.
The people dying at the hospitals had been residents of a local nursing home, the Grand Rehabilitation and Nursing at Barnwell in the tiny town of Valatie, New York. In all, the nurse counted 18 deaths of residents over five weeks. She didn't have detailed medical records for the patients, but she noted that all had arrived at the hospital with orders saying no extraordinary measures were to be taken to keep them alive. As a result, she and the Columbia County health director developed a theory: "For me," said Jack Mabb, the health director, "it appeared they were sending people to the hospital so they wouldn't die in the facility."
A change in the way New York tabulated nursing home deaths could have incentivized such behavior, he said, making homes' records on COVID-19 containment appear better than they were.
In the early weeks of the pandemic, the state had counted these deaths by attributing them to the nursing home regardless of where they physically occurred. But in April — as the death toll related to nursing homes mushroomed, hitting as many as 250 deaths a day — that changed: The administration of Gov. Andrew Cuomo decided not to count residents who died of COVID-19 in hospitals as nursing home deaths, saying it feared that their deaths would be double-counted if they were recorded that way.
The administration insisted the move wasn't meant to suppress the numbers at nursing homes, facilities Cuomo had reassured the public were his top priority for protecting from the pandemic. In public testimony this month, Howard Zucker, the state's health commissioner, defended the decision and argued that New York had been as transparent about nursing home casualties as any state in the nation.
Today, more than 6,500 nursing home residents are known to have perished in New York facilities, some 6% of the state's nursing home population. The state declined to say how many additional residents died in hospitals after being sickened in nursing homes.
Mabb said that his department's nurse had sent reports about the deaths of Barnwell residents at local hospitals to state authorities, and that he had asked for an investigation. Some of the residents died soon after arriving at the hospitals, Mabb said, while others took longer to pass away. But the fact that all 18 had do-not-resuscitate orders or similar directives suggested to him that they had been sent to the hospitals with little hope of ever returning to the home. The department, Mabb said, shared its documenting of the deaths with the state.
"There are very few legitimate reasons for a nursing home to send seriously ill residents with do-not-resuscitate orders to a hospital unless there is a real chance that their conditions could be improved," Mabb said. "We flagged it for the state. We told the Department of Health we thought something big was going on."
Mabb said the state Health Department, which regulates nursing homes, has yet to tell him if it's investigating what happened to the Barnwell residents.
Bruce Gendron, a vice president of the company that operates the Barnwell nursing home and 15 others, rejected Mabb's claims that the home had sought to dump dying residents at local hospitals. He said that residents only would have been sent if they needed care beyond what the home could provide, and that those residents deserved every chance to survive.
Gendron said any scheme to inappropriately send residents to die elsewhere would have involved the home's medical director and several of its nurses, all of whom are licensed by the state and would have been putting their careers at risk.
Twice in May, state Health Department investigators conducted "complaint surveys" at the Barnwell home after scores of staff members and residents at the home tested positive for COVID-19.
The Department of Health website shows that inspectors found problems with the facility's ability to contain the virus: Uninfected residents were living alongside infected residents; residents suspected of having COVID-19 also were not separated. Some Barnwell staffers told the Health Department that they were confused about when they were supposed to wear masks and gloves or change out of old equipment and under what circumstances. The inspectors cited the facility and ordered a halt to additional admissions. Dozens of residents were eventually relocated.
Gendron first told ProPublica that the allegations of dumping dying residents at hospitals had been investigated by the state Health Department and found to be unsubstantiated. Asked to produce such a finding, Gendron referred to the inspections done in May, saying the absence of any findings related to hospital transfers proved the home had been cleared. Barnwell's quality of care related to COVID-19 had become a public controversy in May, prompting coverage in the local media, and Gendron said he assumed the state would have been alert to any other problems at the home, including signs of dumping residents.
The state's inspection reports make no mention of investigating hospital transfers. The Health Department did not respond to questions from ProPublica about whether it had investigated Mabb's allegations. ProPublica shared Gendron's version of events with the state, but again, the Health Department did not respond. Jill Montag, a department spokeswoman, appeared to be unaware of the allegations involving the home's dying residents, asking ProPublica to send along a record of them.
There is little doubt that Barnwell, a 236-bed facility in the Hudson Valley, was overwhelmed by the virus this spring. From March 30 through the first week of June, according to county statistics, scores of staff members and residents tested positive for the virus.
But trying to unpack what exactly unfolded at Barnwell lays bare the confusing and often conflicting available information about COVID-19's deadly path through the state's elderly population.
The county Health Department is responsible for identifying cases of COVID-19, and nursing homes are obligated to report such cases to it. But nursing homes are regulated by the state, and the county has a limited ability to make sure such facilities are responsibly reporting and managing outbreaks.
Mabb said he had only received notifications from the Barnwell home on two deaths inside the facility. The state Health Department says online that the death toll from the home is 12. Mabb said he thought the first infection at Barnwell had involved a staff member; the state has said the first case of COVID-19 at the facility involved a resident, but it can't say with certainty what role if any the resident played in the eventual outbreak.
Mabb said he has ultimately come to mistrust any information coming from either the state or officials with Barnwell. He said he counts the 18 deaths of Barnwell residents at the hospitals as nursing home deaths.
ProPublica contacted the three hospitals where Barnwell residents died, but none would talk about the deaths or the county's allegation that residents had been sent to them to avoid being recorded as nursing home fatalities.
As Gendron pointed out, decisions to send nursing home residents to the hospital for additional care are supposed to be approved by a home's medical director. He would not provide copies of such approvals involving the 18 residents who later died at hospitals, however, saying he didn't have the staff to do such work, and noted that some of the residents had been taken to the hospital after 911 calls, when a medical director's approval would not have been required.
Sorting out the events at Barnwell, it turns out, also involves another disputed state policy: the order from the Health Department that nursing homes accept medically stable COVID-19 patients being discharged from hospitals. The policy also barred patients from being tested to see if they were still positive for the virus.
The policy, enacted March 25, alarmed and angered many — nursing home operators, families of residents, elected officials worried about an already vulnerable population being subjected to additional possible harm. The state, after a blizzard of criticism, abandoned the order some seven weeks after implementing it.
Last month, the Health Department issued a report asserting that the policy had not significantly contributed to deaths of nursing home residents.
The report was met with open skepticism among nursing home personnel, epidemiologists, and Republican and Democratic officials in New York and Washington. Those lawmakers repeated their calls for a truly independent investigation of the state's handling of the COVID-19 crisis at its more than 600 nursing homes.
In the Health Department's report, which said more than 6,400 COVID-19 patients had been sent from hospitals to nursing homes under the policy, the state said the vast majority of the roughly 310 homes that accepted those patients had already had a case of COVID-19 among their staff members or residents. The report said the spread of the virus in the homes had been driven by infected staff members.
But the report made clear that dozens of homes had experienced no cases of COVID-19 before receiving a coronavirus patient from a nearby hospital. ProPublica asked the state to produce the data involving 58 homes that had not been affected prior to taking in a COVID-19 patient.
Days later, the state Health Department said the data in its report had been inaccurate. And several days after that, the department said updated information indicated that just six homes, not 58, had been free of COVID-19 prior to the arrival of a patient from a hospital.
The department would not answer an array of questions about how and why it had changed the data in its report, one it had used to defend its controversial policy. It would not say how what it had called a peer-reviewed study had relied on erroneous or incomplete data; it would not say how the new information had come to light.
It did say, though, that the Barnwell home was one of the facilities that did not have a case of COVID-19 among its staff or residents prior to the first arrival of a COVID-19 patient from a hospital. The state, however, would not say when that transfer occurred or if it had studied what role, if any, it had played in the eventual outbreak that overran the facility. The county recorded Barnwell's first COVID-19 case on March 30, two weeks before the surge in cases among both staff and residents.
Ron Kim, a Democratic state legislator from Queens, said he has no faith that the state has been honest about what happened as a result of its policy.
Kim, a member of the State Assembly's Health Committee, said he had taken an intense interest in the state's efforts to protect nursing home residents. One ZIP code in his Queens district had more nursing home deaths than any other in the state, he said. One of those deaths was a member of his family. Kim said he had filed Freedom of Information requests seeking all administration communications about nursing homes during the pandemic.
"The theme of the report was to shift the blame and scapegoat the workers and the families over the decision that the executive office had made," Kim said of the Health Department report made public last month. "It's clear that the executive office is directing and ordering up the report and data collection in a way that will give them what they want out of the report.
"They are trying their best to use government resources and the Department of Health to exonerate the executive office of any wrongdoing," Kim added.
Kim said given the state's lack of transparency, it was impossible to say whether what's alleged to have happened at the Barnwell facility may have been more widespread.
Kim and other lawmakers have said they know of no other state that counts nursing home deaths the way New York currently does.
Informed of Kim's specific claims, the state Health Department referred ProPublica to public statements made by Zucker, the department's commissioner.
On Aug. 3, Zucker testified before a joint hearing held by state legislators. He was grilled repeatedly about the state's seeming inability or unwillingness to answer basic questions about how many nursing home residents might have died to date in the pandemic.
The policy of not counting deaths in hospitals was revisited again and again.
Addressing Zucker in one exchange, State Senate Investigations Committee Chair James Skoufis, a Democrat from the Hudson Valley where Barnwell is located, said: "It's my opinion that your administration's definition truly misrepresents the scale of this crisis as a result. So let's try and get the full picture here and now: How many of New York's nursing home residents died in hospitals?"
Zucker insisted the state couldn't say because it didn't yet have a fully accurate count.
"You don't have a ballpark that you can give? So the total official number is about 6,500. Are we talking with the hospital deaths: 8,000? 10,000? 15,000? What are we looking at?" Skoufis countered.
"I'm not prepared to give you a specific number. We are in the middle of a pandemic obviously, we always forget about that sometimes," Zucker said. "We are looking at all the numbers, we are looking at the data, when the data comes in and I have an opportunity to piece through that, then I will be happy to provide that data to you and to the other members of the committee."
State Senate Health Committee Chairman Gustavo Rivera, a Democrat from the Bronx, suggested a final count wasn't needed to see what the administration was doing.
"It seems, sir, that in this case you are choosing to define it differently so you can look better," he said. "That is a problem, bro."
ProPublica asked the state Health Department if it had ever excluded fatalities of residents transferred to hospitals in counting deaths of nursing homes residents during outbreaks of the flu or other infectious diseases.
The state did not directly respond but said in a statement, "This is a global pandemic, the likes of which we have never seen before. There is no precedent."
Elaine Healy, acting president of the New York Medical Directors Association, said it shouldn't be hard for the state to have an accurate count of how many nursing home residents died of COVID-19 in hospitals. They'd counted these deaths in the nursing home totals early on, she said, and "the numbers would be quite easy to get from the hospitals."
The outbreak at Barnwell was one of two involving local nursing homes in Columbia County.
When the outbreak at Barnwell became public in early May, Patsy Leader, the town supervisor in nearby Kinderhook, called for the state to intervene, accusing Barnwell of trying to cover up the dumping of dying residents. Leader repeated the allegation in a brief interview with ProPublica.
Gendron, the Barnwell executive, eventually traveled to Barnwell to personally handle the crisis.
In a series of interviews and exchanges with ProPublica, Gendron said he was not aware of the state's claim that Barnwell's first case of COVID-19 involved a hospital transfer. He said the company had been alarmed by the Cuomo administration's policy requiring nursing homes to accept COVID-19 patients being discharged from hospitals. The chance that such patients could trigger or worsen an outbreak in nursing facilities was real, he said.
"We were very concerned," Gendron said. "It's a very contagious virus. And nursing homes provide very hands on care."
The challenge, he said, was only worsened by the fact that the state's policy prohibited homes from testing arriving hospital transfers to see if they were still positive and thus possibly contagious. Gendron said he was not even sure if the hospitals were obligated to notify the home that the arriving patient had been treated for COVID-19.
"One would think they should have disclosed that," Gendron said. "We always believed the best practice was to isolate any COVID residents. But we didn't even know who was or wasn't."
A House panel says "gullible" White House negotiators overpaid for Phillips ventilators, and it has asked the Department of Health and Human Services Office of Inspector General to investigate evidence of fraud in the deal.
This article was published on Friday, August 7, 2020 in ProPublica.
Citing “evidence of fraud, waste, and abuse,” a congressional subcommittee investigating the federal government’s purchase of $646.7 million worth of Philips ventilators has asked the U.S. Department of Health and Human Services Office of Inspector General to launch its own investigation of the deal.
The House subcommittee launched its review after ProPublica stories in March and April showed how a U.S. subsidiary of Royal Philips N.V. received millions in federal tax dollars years ago to develop a low-cost ventilator for pandemics but didn’t deliver it. Instead, as the coronavirus began spreading around the globe and U.S. hospitals were desperate for more, Philips was selling commercial versions of the government-funded ventilator overseas from its Pennsylvania factory. Then in April, despite having not fulfilled the initial contract, the Dutch company struck a much more lucrative deal to sell the government 43,000 ventilators for four times the price.
Under this new deal, ventilators that the Obama administration had agreed to buy for $3,280 each suddenly cost $15,000. When the deal was announced in April, neither HHS nor Philips would say how the more expensive ventilators differed from the cheaper ones.
It turns out that they were “functionally identical,” according to investigators with the House Committee on Oversight and Reform’s Subcommittee on Economic and Consumer Policy, and the “waste of taxpayer funds” may have reached $500 million.
The investigators reviewed thousands of pages of emails and other records obtained from Philips and concluded that “inept contract management and incompetent negotiating by the Trump Administration denied the country the ventilators it needed.” And the subcommittee’s report, which it shared with the inspector general’s office, named names: Peter Navarro, President Donald Trump’s director of trade and manufacturing policy, was the administration’s point man on the deal. In addition, Jared Kushner, the president’s son-in-law and senior adviser, and HHS Secretary Alex Azar participated in calls with Philips’ executives.
In a letter to the inspector general, Rep. Raja Krishnamoorthi, the Illinois Democrat who chairs the subcommittee, wrote: “The Subcommittee requests that you immediately open an investigation into this apparent waste of taxpayer funds, how it was able to happen unchecked, and how to prevent it in the future. Moreover, the Subcommittee requests that your office’s review include an assessment of the reasonableness of the price of the contract and the amount of excess profits received.”
He attached the subcommittee’s 49-page report of its investigative findings.
In a written statement, Philips said that it has been transparent about its ramp-up plans, pricing and allocation policies, and that it cooperated with the subcommittee. “We do not recognize the conclusions in the subcommittee’s report, and we believe that not all the information that we provided has been reflected in the report,” Philips CEO Frans van Houten said. “I would like to make clear that at no occasion has Philips raised prices to benefit from the crisis situation.”
White House Deputy Press Secretary Judd Deere called the House investigators’ report “a stunt that is only meant to politicize the coronavirus.”
“Because of the president’s leadership, the United States leads the world in the production and acquisition of ventilators,” Deere said. “No American who needed a ventilator was denied one, and no American who needs a ventilator in the future will be denied one. Democrats should be ashamed of themselves for this misleading and inaccurate report.”
An HHS spokesperson said the department moved with “deliberate and determined speed” and followed federal contracting rules in reaching the deal. She noted that some of the Philips ventilators are already being used to treat patients with COVID-19.
The federal government’s quest for a cheap, durable ventilator that could be stockpiled for emergencies began a decade ago during the Obama administration. The first deal fell apart after a small California ventilator manufacturer was bought by a much larger competitor, which dropped the project. Philips in 2014 struck a $13.8 million deal with HHS’ Biomedical Advanced Research and Development Authority to develop a low-cost, portable ventilator that would be easy to use by people with limited medical training. (In their report, the congressional investigators wrote that Philips later was granted an additional $547,000 to develop the ventilator.) The original deal included an option to purchase 10,000 of the ventilators for $3,280 each with delivery by June 2019.
HHS under the Obama administration granted one extension, and then the Trump administration allowed several more. When Philips finally won Food and Drug Administration clearance for the stockpile ventilator in July 2019, it also got the green light to sell a commercial version, which the company sold at far higher prices. The government didn’t exercise the option to buy the stockpile ventilators until September 2019. Under the timeline in the original contract, there would have been four waves of deliveries starting in June 2020 and ending in June 2021 and the government would have the power to increase its order in times of need, the House investigators wrote in their report.
Among the most surprising findings of the investigation was an email communication between the company and the government on the day the U.S. reported its first coronavirus case. On Jan. 21, a Philips manager sent a news story about that case to an HHS contracting officer and asked “how we could help out or if you may expect a need to accelerate any shipments.” Yet nobody from the federal government responded to Philips for six weeks, the investigators found.
On March 4, the HHS contracting officer told Philips managers in an email that Azar’s office had directed him to “expedite production of the ventilators.” Philips responded the same day suggesting a contract modification “to allow for the earlier shipments.”
Rather than speed up delivery, though, the modification Philips suggested gave the company until September 2022 to deliver any of the stockpile ventilators. Still, HHS signed off on the deal, the investigators found.
“Philips appears to have duped the Administration into thinking that this amendment, which permits a lengthy delay, was necessary for it to expedite production,” the congressional investigators wrote.
That same month, as the administration sought to cut a new deal, a Philips executive shared with Azar the slide deck he planned to present to Navarro. In the presentation, Philips described the government-funded stockpile ventilator design as “the best solution to confront exactly the pandemic we are facing.”
However, Philips soon steered Navarro and his colleagues to a more expensive option, the $15,000 Trilogy EV300, saying in one email to an associate director in Navarro’s office that this hospital ventilator had “more clinician friendly screens.”
Yet, the House investigators found the screens of the pricier model were identical to the less-expensive stockpile version. “The Administration’s willingness to spend hundreds of millions of extra dollars for non-existent ‘more clinician-friendly screens’ constitutes waste,” they wrote.
The White House negotiators were “gullible,” the investigators wrote, “and conceded to Philips on all significant matters, including price.” The contract called for Philips to make monthly deliveries between April and December 2020 with more than half arriving in the final three months.
Philips spokesman Steve Klink on March 28 told ProPublica that the company had only made the stockpile version of the ventilator in small batches and didn’t want to ramp up production on a model it had never mass produced. Rather, he said, the company wanted to “stick with what we have and ramp up and not lose time because we cannot afford to lose time.” HHS echoed that sentiment in a written statement at that time, saying the agency was purchasing “what was immediately available.”
But the congressional investigators wrote that the records Philips turned over showed that was false. Philips did not have a long track record making the $15,000 Trilogy EV300; the company did not start making that version until March, the month the federal negotiators agreed to buy them. And the White House knew this, the investigators wrote.
“In a March 18, 2020 email to the White House, Philips explained that the Trilogy EV300 was a new product being introduced and that it would take time to build up inventory,” they wrote. “By selecting the $15,000 model, the Administration demonstrated that it either failed the most basic duty of reading what Philips sent it or that it was not concerned about overpaying.”
Navarro and his colleagues never tried to lower the $645 million price and agreed to pay an additional $1.7 million for circuits and filters, the investigators found.
In its statement, Philips said the list price of the EV300 ventilator, stand and accessories that HHS selected is “over $21,000,” so the final price does reflect a discount “while taking into account part of the higher costs for the expedited delivery schedule.”
The records Philips turned over to the congressional subcommittee showed that before May 27, Philips sold 5,339 other Trilogy EV300 ventilators in the U.S. No buyer paid more than HHS did. One Missouri purchaser bought a single ventilator for $9,327, records show.
“It would stand to reason that a purchaser of 43,000 units would be able to negotiate a better deal than a purchaser of a single unit,” the House investigators wrote.
The ranking Republicans on the House committee and subcommittee said they disagreed with the findings of the investigation. In a prepared statement, James Comer of Kentucky, who sits on the House committee, and Michael Cloud of Texas, who sits on the subcommittee, accused the congressional investigators of failing to take “the most basic investigative steps to ensure they get the facts right.”
“Democrats read a few documents produced by the cooperating company and made a bundle of assumptions,” they wrote. “They received no briefings, conducted no transcribed interviews or depositions, and did not try to engage with the Administration to understand their side of the story.”
Krishnamoorthi, the subcommittee chairman, sent his letter and the investigators’ report to Christi Grimm, who remains in charge of the HHS Office of Inspector General, though President Donald Trump has sought to replace her after her office in April wrote about shortages of testing supplies and protective equipment at hospitals.
Anesthesiologist Claire Rezba started tracking lost health workers almost instinctively. Researchers and industry professionals say the lack of good official data on these deaths is "scandalous" and is putting lives in danger.
This article was published on Sunday, August 2, 2020 in ProPublica.
When police discovered the woman, she'd been dead at home for at least 12 hours, alone except for her 4-year-old daughter. The early reports said only that she was 42, a mammogram technician at a hospital southwest of Atlanta and almost certainly a victim of COVID-19. Had her identity been withheld to protect her family's privacy? Her employer's reputation? Anesthesiologist Claire Rezba, scrolling through the news on her phone, was dismayed. "I felt like her sacrifice was really great and her child's sacrifice was really great, and she was just this anonymous woman, you know? It seemed very trivializing." For days, Rezba would click through Google, searching for a name, until in late March, the news stories finally supplied one: Diedre Wilkes. And almost without realizing it, Rezba began to keep count.
The next name on her list was world-famous, at least in medical circles: James Goodrich, a pediatric neurosurgeon in New York City and a pioneer in the separation of twins conjoined at the head. One of his best-known successes happened in 2016, when he led a team of 40 people in a 27-hour procedure to divide the skulls and detach the brains of 13-month-old brothers. Rezba, who'd participated in two conjoined-twins cases during her residency, had been riveted by that saga. Goodrich's death on March 30 was a gut-punch; "it just felt personal." Clearly, the coronavirus was coming for healthcare professionals, from the legends like Goodrich to the ones like Wilkes who toiled out of the spotlight and, Rezba knew, would die there.
At first, seeking out their obituaries was a way to rein in her own fear. At Rezba's hospital in Richmond, Virginia, as at healthcare facilities around the U.S., elective surgeries had been canceled and schedules rearranged, which meant she had long stretches of time to fret. Her husband was also a physician, an orthopedic surgeon at a different hospital. Her sister was a nurse practitioner. Bearing witness to the lives and deaths of people she didn't know helped distract her from the dangers faced by those she loved. "It's a way of coping with my feelings," she acknowledged one recent afternoon. "It helps to put some of those anxieties in order."
On April 14, the Centers for Disease Control and Prevention published its first count of healthcare workers lost to COVID-19: 27 deaths. By then, Rezba's list included many times that number — nurses, drug treatment counselors, medical assistants, orderlies, ER staff, physical therapists, EMTs. "That was upsetting," Rezba said. "I mean, I'm, like, just one person using Google and I had already counted more than 200 people and they're saying 27? That's a big discrepancy."
Rezba's exercise in psychological self-protection evolved into a bona fide mission. Soon she was spending a couple of hours a day scouring the internet for the recently dead; it saddened, then enraged her to see how difficult they were to find, how quickly people who gave their lives in service to others seemed to be forgotten. The more she searched, the more convinced she became that this invisibility was not an accident: "I felt like a lot of these hospitals and nursing homes were trying to hide what was happening."
And instead of acting as watchdogs, public health and government officials were largely silent. As she looked for data and studies, any sign that lessons were being learned from these deaths, what Rezba found instead were men and women who worked two or three jobs but had no insurance; clusters of contagion in families; so many young parents, she wanted to scream. The majority were Black or brown. Many were immigrants. None of them had to die.
The least she could do was force the government, and the public, to see them. "I feel like if they had to look at the faces, and read the stories, if they realized how many there are; if they had to keep scrolling and reading, maybe they would understand."
It's been clear since the beginning of the pandemic that healthcare workers faced unique, sometimes extreme risks from COVID-19. Five months later, the reality is worse than most Americans know. Through the end of July, nearly 120,000 doctors, nurses and other medical personnel had contracted the virus in the U.S., the CDC reported; at least 587 had died.
Even those numbers are almost certainly "a gross underestimate," said Kent Sepkowitz, an infectious disease specialist at Memorial Sloan Kettering Cancer Center in New York City who has studiedmedical worker deaths from HIV, tuberculosis, hepatitis and flu. Based on state data and past epidemics, Sepkowitz said he'd expect healthcare workers to make up 5% to 15% of all coronavirus infections in the U.S. That would put the number of workers who've contracted the virus at over 200,000, and maybe much higher. "At the front end of any epidemic or pandemic, no one knows what it is," Sepkowitz said. "And so proper precautions aren't taken. That's what we've seen with COVID-19."
Meanwhile, the Centers for Medicareand Medicaid Servicesreports at least 767 deaths among nursing home staff, making the work "the most dangerous job in America," a Washington Post op-ed declared. National Nurses United, a union with more than 150,000 members nationwide, has counted at least 1,289 deaths among all categories of healthcare professionals, including 169 nurses.
The loss of so many dedicated, deeply experienced professionals in such an urgent crisis is "unfathomable," said Christopher Friese, a professor at the University of Michigan School of Nursing whose areas of study include healthcare worker injuries and illnesses. "Every worker we've lost this year is one less person we have to take care of our loved ones. In addition to the tragic loss of that individual, we've depleted our workforce unnecessarily when we had tools at our disposal" to prevent wide-scale sickness and death.
One of the most potentially powerful tools for battling COVID-19 in the medical workforce has been largely missing, he said: reliable data about infections and deaths. "We don't really have a good understanding of where healthcare workers are at greatest risk," Friese said. "We've had to piece it together. And the fact that we're piecing it together in 2020 is pretty disturbing."
The CDC and the Department of Health and Human Services did not respond to ProPublica's questions for this story.
Learning from the sick and dead ought to be a national priority, both to protect the workforce and to improve care in the pandemic and beyond, said Patricia Davidson, dean of the Johns Hopkins School of Nursing. "It's critically important," she said. "It should be done in real time."Bottom of Form
But data collection and transparency have been among the most glaring weaknesses of the U.S. pandemic response, from blind spots in the public health system's understanding of COVID-19 in pregnancy to the sudden removal of hospital capacity data from the CDC's website, later restored after a public outcry. The Trump administration's sudden announcementin mid-July that it was wresting control over hospitalcoronavirus data from the CDC has only intensified the concerns.
"We'd be the first to agree that the CDC has been deficient" in its data gathering and deployment, said Jean Ross, a president of National Nurses United. "But it's still the most appropriate federal agency to do this, based on clear subject-matter expertise in infectious diseases response."
The CDC's basic mechanism for collecting information about healthcare worker infections has been the standard two-page coronaviruscase report form, mostly filled out by local health departments. The form doesn't request much detail; for example, it doesn't ask for employers' names. Information is coming in delayed or incomplete; the agency doesn't know the occupational status of almost 80% of people infected.
The data about infections and deaths among nursing home staff is more robust, thanks to a rulethat went into effect in April that requires facilities to report directly to the CDC. The agency told Kaiser Health News that it is also "conducting a 14-state hospital study and tapping into other infection surveillance methods" to monitor healthcare worker deaths.
Another federal agency, the U.S. Occupational Safety and Health Administration, investigates worker infections and deaths on a complaint basis and hasprioritized COVID-related cases about the healthcare industry. But it has suggested that most employers are unlikely to face any penalties and has issued only four citations related to the outbreak, to a Georgia nursing home that delayed reporting the hospitalization of six staffers and three Ohio care centers that violated respiratory protection standards. Of the more than 4,500 complaints OSHA has received about COVID-19-related working conditions in the medical industry, it has closed nearly 3,200, a
The Trump administration told hospitals to stop reporting data to the CDC, and report it to HHS instead. Vice President Mike Pence said the information would continue to be released publicly. It hasn't worked out as promised.
Data problems aren't just a federal issue; many states have fallen short in collecting and reporting information about healthcare workers. Arizona, where cases have been surging, told ProPublica, "We do not currently report data by profession." The same goes for New York state, though a report in early July hinted at just how devastating the numbers there might be: 37,500 nursing home employees, about a quarter of the state's nursing home workforce, were infected with the coronavirus from March through early June. Other states, including Florida, Michigan and New Jersey, provide data about employees at long-term facilities but not about healthcare workers more broadly. "We are not collecting data on healthcare worker infections and/or healthcare worker deaths from COVID-19," a spokesperson for the Michigan Health Department said in an email.
This problem is global. Amnesty International, in a July report, pointed to widespread data gaps as part of a broader suppression of information and rights that has left workers in many countries "exposed, silenced [and] attacked." In Britain, where more than 540 medical workers have died in the pandemic, the advocacy group Doctors' Association UK has begun legal action to force a government inquiry into shortages of personal protection equipment in the National Health Service and "social care" facilities such as nursing homes. And in May, more than three months after the first known medical worker's death, the International Council of Nurses calledfor governments across the world to start keeping accurate data on such cases, and for the records to be centrally held by the World Health Organization. The WHO estimates that about 10% of COVID-19 cases worldwide are among health workers. "We are closely following up (on) these cases through our global networks," a spokesperson said.
"Governments' failure to collect this information in a consistent way" has been "scandalous," said the council's CEO, Howard Catton, and "means we do not have the data that would add to the science that could improve infection control and prevention measures and save the lives of other healthcare workers. … If they continue to turn a blind eye, it sends a message that [those] lives didn't count."
So regular people, like Rezba, have stepped up with their makeshift databases.
Dr. Claire Rezba, an anesthesiologist who tracks the COVID-19 deaths of healthcare workers. (Carlos Bernate for ProPublica)
Rezba, 40, initially wanted a career in public health. While finishing her master's degree at Emory University in Atlanta and for a few months afterward, she worked as a lab tech at the CDC, analyzing nasal swabs to track cases of MRSA, the flesh-eating bacteria. But she decided she cared more about people than bugs, so she headed to Virginia Commonwealth University medical school in Richmond, graduating in 2009 with plans to specialize in the treatment of chronic pain.
During her residency at VCU, her first rotation was in the neonatal intensive care unit. "There was a little baby I helped take care of for three weeks. And the very last day of that rotation, his parents withdrew care. ... He was the first little person I pronounced dead. I went and cried in the stairwell after that." Her next rotation was in the burn unit, then the emergency department. "It seemed like death was just everywhere," Rezba said. Witnessing it "is something very separate from the rest of your life experiences. People look different when they're dying. It's not like TV. They don't look like they're sleeping. CPR is pretty brutal. Codes are pretty brutal."
She began keeping a list as a way to process the grief. "In residency, you record everything — your case logs, the procedures you do. It was just sort of second nature to record their names." Whenever a patient died she would make another entry in her notebook, then "I would kind of perseverate" — ruminate — "over their names." At the end of the year, she took the notebook to church. "I lit candles for them. I prayed. And then I let it go."
A decade later, Rezba was working full time as an anesthesiologist and raising three small children, her list-compiling days long past her, she thought. Then COVID-19 hit. The onetime infectious disease geek became obsessed with the videos leaking out of China — the teams of healthcare workers in full protective gear, the makeshift wards in tents, the ERs in chaos: "I knew early on that this was going to be a big problem." In her job, Rezba was often called upon to do intubations. "The possibility of not having enough PPE caused a lot of anxiety for her," said her husband, Tejas Patel, whom she met in medical school. "She would be the one, if we did hit that level of New York, who could potentially be at risk and bring it home to the kids."
As it turned out, Rezba's hospital wasn't inundated, nor did it experience the PPE shortages that plagued many healthcare facilities. But her anxiety didn't disappear; it just took a new shape. If healthcare workers were front-line heroes, she decided, her role was to search the trenches for the bodies left behind.
Rezba is the first to admit she's not great at technology; she rarely uses a computer at home. Patel discovered what she was doing because their iPhones and iCloud accounts are linked. "Whenever she saves a picture to the phone, I can see it. And I noticed a bunch of pictures of, you know, these strangers." He remembered how, in their student days, Rezba had insisted on humanizing the cadaver in their anatomy lab: "It upset her that it was just this anonymous person. Knowing his birthday and little things like that would make her feel better." Patel figured the photos were part of a similar coping strategy. "It wasn't until much later that I found out she was putting them up on Twitter."
Much of Rezba's digging happens in the middle of the night, when she can't sleep. She usually starts by Googling for local news stories; if she's still not tired, she turns to the obituary site Legacy.com. The hunt for a person's occupation and cause of death invariably takes her to Facebook, where she follows the trail to relatives and co-workers, to vacation slideshows and videos of old men serenading their grandkids on the guitar. Every few days, she checks GoFundMe, where she's recently been struck by the number of people who linger for weeks or months before dying. She's still discovering deaths that occurred in April and May. Anyone under 60 gets special scrutiny. "If the obit says, 'They died surrounded by family,' I usually don't bother trying to find out more, because those people didn't have COVID. The people with COVID are mostly dying alone."
Doctors and nurses are the easiest to find. "If someone worked in the laundry service at the nursing home, the family doesn't put that in," Rebza said. Yet it's the nonmedical staff that she feels a special obligation to uncover — the intake coordinators and supply techs, the food service workers and janitors. "I mean, the hospital's not going to function if there's nobody to take out the trash." Every so often, a news story mentions that several staffers from a particular nursing home or rehab center have died, without mentioning their names, and Rezba feels the rage start to bubble. "What it comes down to is, these are people that are making $12 an hour. And they get treated like they're disposable."
If she can't find someone's identity right away, or if the cause of death isn't clear, she'll wait a couple of days or weeks and try again. Because she comes across them anyway, she's started to keep track of other categories of COVID-19 deaths, like kids and pregnant women, as well as healthcare workers in their 30s and 40s who don't appear to have the virus but suddenly perish from heart attacks or strokes or other mysterious reasons. "I have a lot of those," she said.
Once she's certain she's found someone who belongs on her list, she selects a photo or two and writes a few words in their honor. Sometimes, these read like a scrap of poetry; sometimes, like a howl.
He enjoyed crazy-dancing at home to Bruno Mars, with the moves becoming wilder the more his family laughed.
As a child, she would wrap her clothes around Dove soap so they would smell like America.
This poor baby should have his mother in his arms. Instead he has her in an urn.
A preprint studyout of Italy last week hinted at the kind of lessons researchers and policy makers might glean if they had more complete data about healthcare workers in the U.S. The study pooled data from occupational medical centers in six Italian cities, where more than 10,000 doctors, nurses and other providers were tested for coronavirus from March to early May. Along with basic demographic information, the data included job title, the facility and department where the employee worked, the type of PPE used and self-reported COVID-19 symptoms.
The most important findings: Working in a designated COVID-19 ward didn't put workers at greater risk of infection, while wearing a mask "appeared to be the single most effective approach" to keeping them safe.
In the U.S., many medical facilities are similarly monitoring employee infections and deaths and adjusting policies accordingly. But for the most part, that information isn't being made public, which makes it impossible to see the bigger picture, or for systems to learn from each other's experiences, to better protect their workers.
Imagine all of the opportunities it would present if everyone could see the full landscape, said Ivan Oransky, vice president for editorial content at Medscape, where amemorial page to honor global front liners has been one of the site's best-read features. "You could be doing some real great shoe-leather epidemiology. … You could go: 'Wait a second. That hospital has 12 fatalities among healthcare workers. The hospital across town has none. That can't be pure coincidence. What did this one, frankly, do wrong, and what's the other one doing right?'"
To Adia Harvey Wingfield, a sociologist at Washington University and author of "Flatlining: Race, Work, and Healthcare in the New Economy," some of the most pressing questions relate to disparities: "Where is this virus hitting our healthcare workers hardest?" Is the impact falling disproportionately on certain categories of workers — for example, doctors vs. registered nurses vs. nursing aides — on certain types of facilities, or in certain parts of the country? Are providers who serve lower-income communities of color more likely to become ill?
"If we aren't attuned to these issues, that puts everybody at a disadvantage," Wingfield said. "It's hard to identify problems or identify solutions without the data." The answers are especially important in Black and Latino communities that have suffered the highest rates of sickness and death — and where healthcare workers are themselves more likely to be people of color. Without good information to guide current and future policy, she said, "we could potentially be facing long-term catastrophic gaps in care and coverage."
Not only are Hispanics catching coronavirus at higher rates in Texas' largest county, they also suffer some of the worst outcomes.
The near-term consequences have also been enormous. The lack of public data about healthcare workers and deaths may have contributed to a dangerous complacency as infections have surged in the South and West, Friese said — for example, the idea that COVID-19 is no more dangerous than other common respiratory viruses. "I've been at this for 23 years. I've never seen so many healthcare workers stricken in my career. This whole idea that it's just like the flu probably set us back quite a way."
He sees similar misconceptions about PPE: "If we had a better understanding of the number of healthcare workers infected, it might help our policymakers recognize the PPE remains inadequate and they need to redouble their efforts. … People are still MacGyvering and wrapping themselves in trash bags. If we're reusing N95 respirators, we haven't solved the problem. And until we solve that, we're going to continue to see the really tragic results that we're seeing."
The misconceptions appeared to stretch to the highest reaches of the federal government, even as infections and deaths started surging again. At a White Houseevent in July focused on reopening schools in the fall, HHS secretary Alex Azartold the people gathered, "healthcare workers … don't get infected because they take appropriate precautions."
Even some medical workers have continued to be in denial. A few days before Azar spoke, Twitter was abuzz over an Alabama nurse who worked the COVID-19 floor at a hospital by day and decompressed at crowded bars by night, where she often went maskless. "I work in the healthcare industry," she was quoted as saying, "so I feel like I probably won't get it if I haven't gotten it by now."
Piercing that sense of invulnerability — making the enormity of the COVID-19 disaster seem real — isn't only Rezba's mission. From The New York Times' iconic front page marking the first 100,000 American deaths to the Guardian/Kaiser Health News project "Lost on the Frontline," news organizations and social media activists have grappled with how to convey the scale of the tragedy when people are distracted by multiple world-shattering crises and the normal rituals for processing grief are largely unavailable.
"The point at which accountability usually happens is when our leaders have to reckon with the families of those who've been lost, and that has not happened," said Alex Goldstein, a Boston-area communications strategist behind the wrenching @FacesOfCOVID Twitter account, which has posted almost 2,000 memorials since March. With COVID-19, "no one has had to look in the eye of a crying parent who wants to show you a picture of their child or listen to someone telling you about who their mom or dad was. There has been no consequence. What would our policy decisions have looked like if [the people making them] had to come face to face with that death and loss in a more visceral way?"
It's a question that weighs especially heavily on healthcare professionals, who have seen, in the most visceral way possible, the worst that COVID-19 can do. Erica Bial, a pain specialistin the neurosurgery department at a Boston-area hospital, fell dangerously ill from COVID-19 in March, her respiratory symptoms lingering for more than six weeks. She lived alone and opted not to go to the hospital, in part because she worried about infecting other people. "At that point [in the outbreak], they would have intubated me, given me hydroxychloroquine and azithromycin and probably killed me." As her recovery dragged on, she wondered how other doctors were faring: "I couldn't believe that I was the only physician I knew who was sick." But as she searched online, "I could not find any data. I just started getting really frustrated at the lack of information and the disinformation. … And then I started thinking about, well, what happens if I die here? Will anybody know?"
Like Rezba, Bial has a background in public health; the Facebook page she created, COVID-19 Physicians Memorial, was an attempt to build "a network where there's accountability. I wasn't necessarily trying to create, you know, reverence or memorialization. I was trying to understand the scope of the problem."
Rezba soon began posting memorials on the page; as it grew to include more than 4,800 members, Bial asked her to help moderate it. Among the things the two women share is a determination to stick to facts. "I didn't want any politics and I didn't want any garbage," Bial said. "(Rezba) was 100% like-minded and trustable." She was also someone Bial could talk to, doctor to doctor, as she recovered. "It wasn't just two people obsessed with something kind of morbid," Bial said. "She was a source of support."
Emergency room doctor Cleavon Gilman also gained a following for his posts on Facebook, a diary about what he witnessed as an ER resident in the NewYork-Presbyterian hospital system, battling the virus as it engulfed Washington Heights. "It was just … overwhelming," he recalled. "We were intubating 20 patients a day. We had hallways filled with COVID patients; there was nowhere to put them." In the space of a few brutal days in late April, three of Gilman's colleagues died, including one by suicide. "When it's a colleague that you're taking care of and you know them as a person you've been on a journey with ... man, that's hard."
A tweet from Rezba's account sharing the work of Dr. Cleavon Gilman, who is also compiling healthcare workers who have died from COVID-19.
Though much of the media focus was on the risks faced by older patients, Gilman was struck by how many of the critically ill were in their 20s, 30s and 40s. In mid-April, his own 27-year-old cousin, a gym teacher at a New Jersey charter school, suddenly died; he went to the ER twice with chest pain but was diagnosed with anxiety and sent home, according to his relatives, only to collapse in his car on the side of the road.
As the crisis in New York City ebbed, Gilman could see trouble ahead in other parts of the country, including in Yuma, Arizona, where he was about to start a new job. It seemed vitally important to help younger people understand the risks they faced — and that they created for others — by not adhering to physical distancing or wearing masks, not to mention the dangers that healthcare workers faced from continuing shortages of PPE. So Gilman began gathering the memorials he saw on Twitter and Facebook, many of them found by Rezba or on @FacesOfCOVID, and organizing the dead on his website in the type of gallery that he knew would pack an emotional wallop. Then he went a step further, making the photos and obituaries — more than 1,000 people — sortable by age and profession.
"You begin to see a pattern here," he said. "When someone says, 'Oh people aren't dying, they're not that [young],' you can come back with actual names, actual articles, quickly. It's more powerful. You have your evidence there."
One of the most overtly political projects is Marked by COVID, formed by Kristin Urquiza in honor of her father, Mark, after her "honest obituary" of him went viral in early July. To Urquiza, who earned her master's in public affairs from the University of California, Berkeley, and works as an environmental advocate in the San Francisco area, "the parallels between the AIDS crisis and what is happening now with COVID are just mind-boggling [in terms of] the inaction by governments and the failure to prioritize public health." She and her partner, Christine Keeves, a longtime LGBTQ activist, hope the projectwill be both "a platform for people to come forward and share their stories" and the COVID-19 version of the anti-AIDS group Act Up.
They're also raising money on GoFundMeto help other families pay for obituaries; the second honest obit on their site was for a respiratory therapist in Texas named Isabelle Odette Hilton Papadimitriou: "Her undeserving death is due to the carelessness of politicians who undervalue healthcare workers through lack of leadership, refusal to acknowledge the severity of this crisis and unwillingness to give clear and decisive direction to minimize the risks of coronavirus. Isabelle's death was preventable; her children are channeling their grief and anger into ensuring fewer families endure this nightmare."
It's a trend that Rezba supports wholeheartedly. By the end of July, she had posted almost 900 names and faces of U.S. healthcare workers who had perished from COVID-19. She fantasized about what it would be like to leave the counting behind her. "It would be great if I could stop. It would be great if there was nobody else to find." But she had a backlog of dozens of stories to post, and the number of deaths kept climbing.
A global pandemic ravaging America is no time to forget the first rule of American health care: There is no set price. One out-of-network medical provider in Texas seeks permission from patients to charge fees as high as six-figures to their insurance.
This article was first published on Saturday, August 1, 2020 in ProPublica.
As she waited for the results of her rapid COVID-19 test, Rachel de Cordova sat in her car and read through a stack of documents given to her by SignatureCare Emergency Center.
Without de Cordova leaving her car, the staff at the freestanding emergency room near her home in Houston had checked her blood pressure, pulse and temperature during the July 21 appointment. She had been suffering sinus stuffiness and a headache, so she handed them her insurance card to pay for the $175 rapid-response drive-thru test. Then they stuck a swab deep into her nasal cavity to obtain a specimen.
De Cordova is an attorney who specializes in civil litigation defense and maritime law. She cringes when she’s asked to sign away her rights and scrutinizes the fine print. The documents she had been given included disclosures required by recent laws in Texas that try to rein in the billing practices of stand-alone emergency centers like SignatureCare. One said that while the facility would submit its bill to insurance plans, it doesn’t have contractual relationships with them, meaning the care would be considered out-of-network. Patients are responsible for any charges not covered by their plan, it said, as well as any copayment, deductible or coinsurance.
The more she read, the more annoyed de Cordova became. SignatureCare charges a “facility fee” for treatment, the document said, ranging “between five hundred dollars and one hundred thousand dollars.” Another charge, the “observation fee,” could range from $1,000 to $100,000.
De Cordova didn’t think her fees for the test could rise into the six figures. But SignatureCare was giving itself leeway to charge almost any amount to her insurance plan — and she could be on the hook. She knew she couldn’t sign the document. But that created a problem: She still needed to get her test results.
Even in a public health emergency, what could be considered the first rule of American health care is still in effect: There is no set price. Medical providers often inflate their charges and then give discounts to insurance plans that sign contracts with them. Out-of-network insurers and their members are often left to pay the full tab or whatever discount they can negotiate after the fact.
The CARES Act, passed by Congress in March, includes a provision that says insurers must pay for an out-of-network COVID-19 test at the price the testing facility lists on its website. But it sets no maximum for the cost of the tests. Insurance representatives told ProPublica that the charge for a COVID-19 test in Texas can range from less than $100 to thousands of dollars. Health plans are generally waiving out-of-pocket costs for all related COVID-19 treatment, insurance representatives said. Some costs may be passed on to the patient, depending on their coverage and the circumstances.
As she waited, de Cordova realized she didn’t want to play insurance roulette. She changed her mind and decided she’d pay the $175 out-of-pocket for her test. But when the SignatureCare nurse came to collect the paperwork, de Cordova said the nurse told her, “You can’t do that. It’s insurance fraud for you to pay for our services once we know you have insurance.”
Dr. Hashibul Hannan, an emergency room physician, lab director and manager at SignatureCare, told ProPublica his facility is an emergency room that offers testing, not a typical testing site. He said de Cordova should have been allowed to pay the $175 cash price. The staff members were concerned about being accused of fraud because they had already entered her insurance information into the record, he said. So they didn’t want it to appear she was being double-billed. Hannan also said he regrets that she was upset by the disclosure forms that are now required under state law.
Unable to pay cash and unwilling to take a chance on the unknown cost, de Cordova decided to leave without getting the results of her COVID-19 test.
“I Would Have Signed Anything”
Later that day, de Cordova couldn’t get past what happened. She wondered what happened to patients who didn’t read the fine print before signing the packet.
Then she realized she and her husband, Hayan Charara, could investigate it themselves. In June, the couple’s 8-year-old son had attended a baseball tryout. They thought the kids would be socially distanced and that precautions would be taken. But then the coaches had crowded the players in a dugout, with no masks or social distancing, and a couple days later the boy said he wasn’t feeling well.
So just to be safe, on June 12, Charara took their son to the same SignatureCare, the Heights location, for a COVID-19 test. The line was so long they had to wait for hours, go home, come back and wait for hours again in their car in the 100-degree heat. Charara, a poet who teaches at the University of Houston, said he didn’t take a close look at the financial disclosure paperwork. De Cordova wasn’t with them. It had been 10 hours of waiting by the time the boy was tested, so “I would have signed anything,” he said. (The child tested negative.)
Charara, de Cordova and their children are covered by the Employees Retirement System of Texas, a taxpayer-funded benefit plan that covers about half a million people. They hadn’t received any notices about the charges for their son. So they contacted the SignatureCare billing department and asked for an itemized statement. The test charge was indeed $175. But the total balance, including the physician and facility fees associated with an emergency room visit, came to $2,479.
The facility fee was $1,784 and the physician fee $486.
The couple were dumbfounded. Their son’s vital signs had been checked but there had been no physical examination, they said. The interactions took less than five minutes total, and the child stayed in the car. “You’re getting a drive-thru test, and they’re pretending like they’re giving you emergency services,” de Cordova said.
The SignatureCare charges shocked experts who study health care costs. Charging $2,479 for a drive-thru COVID-19 test is a “nauseating” example of profiteering during a pandemic, said Niall Brennan, president and CEO of the Health Care Cost Institute, a nonprofit organization that studies health care prices. “It’s one of the most egregious examples of giving the fox the keys to the henhouse I’ve ever seen and yet another example of the absurdity of U.S. health care pricing.
“Imagine a vendor in any other walk of life being allowed to bill a third party for whatever amount they wanted,” Brennan said.
Insurance companies in Texas typically pay between $100 and $300 for drive-thru COVID-19 tests, said Jamie Dudensing, CEO of the Texas Association of Health Plans. But the association’s members have seen hundreds of out-of-network COVID-19 test charges come in far higher, some in the thousands of dollars.
“There’s no excuse for that, especially in a public health crisis,” said Chris Callahan, spokesperson for Blue Cross and Blue Shield of Texas, which likewise has seen high charges for COVID-19 tests from out-of-network providers.
The reimbursement rates negotiated between insurance companies and in-network providers are much lower, but they still vary, according to data provided by the nonprofit FAIR Health, which tracks spending by private insurers. For the same test billed by SignatureCare, an in-network insurer pays a median price of $23 in Utah and $75 in Wisconsin, according to FAIR Health estimates.
Texas is notorious for its high-priced out-of-network emergency bills and free-standing emergency departments. Some of the facilities appear to be using COVID-19 testing to draw in patients so their insurance plans can be charged for additional services, said Blake Hutson, associate state director for AARP Texas, the advocacy organization for older Americans. “It’s not a surprise they would be racking up the charges and adding on everything they can and billing the health plan,” he said.
In some cases, insurers do pay the exorbitant out-of-network charges, Hutson said, but they typically get reduced. In 2019, Texas lawmakers voted to ban billing patients in state-regulated insurance plans for charges not covered by their policy, Hutson said, which is known as “balance” or “surprise” billing. But consumers may still be responsible for any deductibles and other cost-sharing under their health plan. And the costs covered by the health plan get passed back to the consumers over time in the form of higher premiums, he said. “It’s all problematic for the cost of care,” Hutson said.
Hannan defended SignatureCare’s high out-of-network charges by blaming insurance companies for refusing to give what he considers to be fair in-network rates. The charges are a starting point for negotiating a fair deal from out-of-network insurance plans, he said. He described SignatureCare, which has 18 locations, as “small players. When it comes to negotiating with insurance companies, we have no luck.”
Was the Bill Accurate?
The medical record portrays the visit as an emergency and contains details that are not consistent with how Charara and de Cordova describe their son’s condition. The chief complaint in the record is “body fluid exposure,” and elsewhere it says “confirmed COVID exposure.”
But that’s not accurate, according to the parents. No one had coughed or sneezed on their son, and they knew of no one from the tryout who had tested positive for COVID-19, they said. The child’s temperature is registered in the record as 102.8, which is high. But Charara said that could have been caused by sitting in the Texas heat, waiting for the test.
Shelley Safian, a Florida health care coding expert who has written four books on medical billing, examined the bill and medical records of Charara and de Cordova’s son at ProPublica’s request. She said the medical records don’t justify the charges. SignatureCare billed the case as if the exam were an emergency that required an “expanded problem focused history” and “medical decision making of moderate complexity,” she said.
In order to qualify for reimbursement of an exam at that level, the encounter would need to include examining the affected organ system, Safian said. But the medical records do not document any check of the respiratory system, which would be indicated for suspected COVID-19.
Much of the medical record appeared to be cut and pasted from other electronic records, Safian said. “This is boilerplate B.S.,” she said, “and I don’t mean ‘bachelor of science.’”
Hannan, the SignatureCare doctor and manager, stands by the charges associated with the child’s COVID-19 test. The facility has to treat every case like a possible emergency, and that requires an examination, he said. He pointed out that the charges are in line with what other out-of-network providers would charge in the area, according to FAIR Health, though they are far higher than in-network prices.
A doctor’s examination may not be as hands-on during COVID-19, but, similar to a telemedicine visit, a lot can be examined visually, Hannan said. Hannan said the company he uses for coding said COVID-19 requires a higher level of care and vigilance because it’s an infectious disease.
In light of the questions raised by ProPublica and Safian, Hannan said he asked his billing company to audit the charges. Sharon Nicka, president and CEO of Nicka and Associates, the billing company used by SignatureCare, took issue with Safian’s assessment and said the billing codes used were justified by the medical record. She said the charges are high for a drive-thru test, but those are set by SignatureCare.
ProPublica identified several apparent errors and contradictions in the medical record and billing documentation. For example, the notes in the medical record alternatively refer to the boy as “symptomatic” and “asymptomatic.” The record also says the physical exam showed a skin wound that “was not red, swollen or tender,” but the child had no wound of any kind, the family said. And the billing documentation shows a charge for an antibody test when the medical record showed that the patient actually received a diagnostic test, which is something different.
In response to ProPublica’s questions, a SignatureCare medical director reviewed the record. The error about the “wound” may have been caused by a software template adding something that was not in the physician chart, the reviewer wrote. The facility now uses a different template. The charge for the antibody test is likely a billing error, as the physician had ordered the correct test, the reviewer wrote. “We will continue to update and improve our (electronic medical records),” the reviewer said.
Hannan stressed that SignatureCare is upfront with patients about the possible fees associated with its treatment, including the disclosure paperwork and explanations on its website. It’s an emergency room, he said, so patients should expect emergency room fees. Patients who do not have a medical emergency should not come, he said, though the ER allows patients to book appointments a day in advance for a COVID-19 test.
Dudensing, the chief executive of the Texas Association of Health Plans, said she’s heard Hannan’s contention before and it’s true that freestanding emergency rooms have a license that allows them to charge more. But she still believes that they handle many nonemergency cases and are forcing facility fees of thousands of dollars on them. “They’re hiding under the guise of emergency rooms when they’re really dressed-up urgent care,” she said.
Diana Kongevick, director of group benefits for the Employees Retirement System of Texas, said the health plan had only recently received the bill for the 8-year-old’s test. It hadn’t been processed, so she could not speak to it directly. But, in general, the health plan will pay 100% of the cost of the test, in this case $175, she said. The claim would be processed using out-of-network provisions, she said. So for the other charges, the patient may be responsible for paying in the range of $600, she estimated, for the out-of-network copay and deductibles. “This is a nonemergent patient self-referral to an out-of-network provider,” Kongevick said.
“Testing Should Be Free”
Even if the Employees Retirement System of Texas determines that Charara and de Cordova should pay $600 for their son’s test, SignatureCare will not be sending the family a bill, Hannan said. He said insured patients are not being sent bills for COVID-19 treatment beyond what their insurance companies cover.
De Cordova never did get her test results, and she didn’t seek a test elsewhere. She felt better later and now believes she had just been suffering from allergies. But what if it had turned out to be COVID-19, she wondered. Might she have gone on to infect others, she’s asked herself.
From a public health perspective, the haggling about out-of-network charges and payments puts patients in the middle, and it might discourage them from getting tested for COVID-19 during the pandemic, said Stuart Craig, an economist at the University of Pennsylvania who studies health care costs. “It’s another part of the fragmentation of the health care system that makes patients’ lives miserable,” Craig said.
It’s especially frustrating, he said, because COVID-19 testing is so essential to making it safely through the pandemic. Craig said he believes there should be a nationally mandated price and government subsidies to make sure medical providers and manufacturers are motivated financially to provide tests. “Testing should be free,” Craig said. “In fact, we should probably be paying patients to get tested.”
The Trump administration told hospitals to stop reporting data to the CDC, and report it to HHS instead. Vice President Mike Pence said the information would continue to be released publicly. It hasn't worked out as promised.
This article was first published on Friday, July 31, 2020 in ProPublica.
In mid-July, the Trump administration instructed hospitals to change the way they reported data on their coronavirus patients, promising the new approach would provide better, more up-to-the-minute information about the virus’s toll and allow resources and supplies to be quickly dispatched across the country.
Instead, the move has created widespread confusion, leaving some states in the dark about their hospitals’ remaining bed and intensive care capacity and, at least temporarily, removing this information from public view. As a result, it has been unclear how many people are in hospitals being treated for COVID-19 at a time when the number of infected patients nationally has been soaring.
Hospitalizations for COVID-19 have been seen as a key metric of both the coronavirus’s toll and the health care system’s ability to deal with it.
Since early in the pandemic, hospitals had been reporting data on COVID-19 patients to the U.S. Centers for Disease Control and Prevention through its National Healthcare Safety Network, which traditionally tracks hospital-acquired infections.
In a memo dated July 10, the U.S. Department of Health and Human Services told hospitals to abruptly change course — to stop reporting their data to the CDC and instead to submit it to HHS through a new portal run by a company called TeleTracking. The change took effect within days. Vice President Mike Pence said the administration would continue releasing the data publicly, as the CDC had done.
Almost immediately, the CDC pulled its historical data offline, only to repost it under pressure a couple days later. Meanwhile the website for the administration’s new portal promised to update numbers on a daily basis, but, as of Friday morning, the site hadn’t been updated since July 23. (HHS is posting some data daily on a different federal website but not representative estimates for each state.)
“The most pernicious portion of it is that at the state level and at the regional level we lost our situational awareness,” said Dave Dillon, spokesman for the Missouri Hospital Association. “At the end of this, we may have a fantastic data product out of HHS. I will not beat them up for trying to do something positive about the data, but the rollout of this has been absolutely a catastrophe.”
The Missouri Hospital Association had taken the daily data submitted by its hospitals to the CDC and created a state dashboard. The transition knocked that offline. The dashboard came back online this week, but Dillon said in a follow-up email, “the data is only as good as our ability to know that everyone is reporting the same data, in the correct way, for tracking and comparison purposes at the state level.”
Other states, including Idaho and South Carolina, also experienced temporary information blackouts. And The COVID Tracking Project, which has been following the pandemic’s toll across the country based on state data, noted issues with its figures. “These problems mean that our hospitalization data — a crucial metric of the COVID-19 pandemic — is, for now, unreliable, and likely an undercount. We do not think that either the state-level hospitalization data or the new federal data is reliable in isolation,” according to a blog post Tuesday on the group’s website.
Making matters more complicated, the administration has changed the information that it is requiring hospitals to report, adding many elements, such as the age range of admitted COVID-19 patients, and removing others. As of this week, for instance, HHS told hospitals to stop reporting the total number of deaths they’ve had since Jan. 1, the total number of COVID-19 deaths and the total number of COVID-19 admissions. (Hospitals still report daily figures, just not historical ones.)
“Massachusetts hospitals are continuing to navigate the dramatic increase of daily data requirements,” the Massachusetts Health and Hospital Association said in a newsletter on Monday. “MHA and other state health officials continue to raise concerns about the administrative burden and questionable usefulness of some of the data.”
“Hospitals across the country were given little time to adjust to the unnecessary and seismic changes put forth by the U.S. Department of Health and Human Services, which fundamentally shift both the volume of data and the platforms through which data is submitted,” the association’s CEO, Steve Walsh, said in the newsletter.
A number of state websites also noted problems with hospital data. For days, the Texas Department of State Health Services included a note on its dashboard that it was “reporting incomplete hospitalization numbers … due to a transition in reporting to comply with new federal requirements.” That came just as the state was experiencing a peak in COVID-19 hospitalizations.
California likewise noted problems.
A spokesperson for HHS acknowledged some bumps in the transition but said in an email: “We are pleased with the progress we have made during this transition and the actionable data it is providing. We have had some states and hospital associations report difficulty with the new collection system. When HHS identifies errors in the data submissions, we work directly with the state or hospital association to quickly resolve them.
“Our objective with this new approach is to collaborate with the states and the healthcare system. The goal of full transparency is to acknowledge when we find discrepancies in the data and correct them.”
Last week, HHS noted, 93% of its prioritized list of hospitals, excluding psychiatric, rehabilitation and religious nonmedical facilities, reported data at least once during the week. (The guidance to hospitals asks them to report every day.)
Asked about the lack of timely data on its public website, HHS said it will update the site to “make it clear that the estimates are only updated weekly.” HHS is now posting a date file each day on healthdata.gov with aggregate information on hospitalizations by state.
But unlike the prior releases from CDC, which provided estimates on hospital capacity based on the responses, this file only gives totals for the hospitals that reported data. It’s unclear which hospitals did not report, how large they are, or whether the reported data is representative.
It’s also unclear if it’s accurate. New York state, for instance, reported that fewer than 600 people were currently hospitalized with COVID-19, as of Friday. Federal data released the same day pegged the number of suspected and confirmed COVID-19 hospitalizations at around 1,800.
Louisiana says more than 1,500 people are currently hospitalized with COVID-19. The federal data puts the figure at fewer than 700.
Nationally, The COVID Tracking Project reports that more than 56,000 people were hospitalized around the country with the virus, as of Thursday.
The data released by HHS on Friday puts the figure at more than 70,000.
NPR reported this week that it had found irregularities in the process used by the Trump administration to award the contract to manage the hospital data. Among other things, HHS directly contacted TeleTracking about the contract and the agency used a process that is more often used for innovative scientific research, NPR reported.
An HHS spokesperson told NPR that the contract process it used is a “common mechanism ... for areas of research interest,” and said that the system used by the CDC was “fraught with challenges.”
Ryan Panchadsaram, co-founder of the tracking website CovidExitStrategy.org, has been critical of the problems created by the hospital data changeover.
“Without real-time accurate monitoring, you can’t make quick and fast and accurate decisions in a crisis,” he said in an interview. “This is just so important. This indicator that’s gone shows how the health system in a state is doing.”
Dillon of the Missouri Hospital Association said the administration could have handled this differently. For big technology projects, he noted, there is often a well-publicized transition with information sessions, an educational program and, perhaps, running the old system and the new one in parallel.
This “was extremely abrupt,” he said. “That is not akin to anything you would expect from HHS about how you would implement a program.”
HOUSTON — Two weeks after Valery Martinez’s 41-year-old cousin was rushed to a hospital with severe symptoms of COVID-19, Martinez wrote a post on Facebook, thanking the doctors and nurses at Memorial Hermann Southeast Hospital in Houston who were working to save him.
“You are the real heroes putting your life on the line in this difficult time,” Martinez wrote. “May God continue to cover and protect you and your families.”
Afterward, she started getting messages from friends — nearly all of them Hispanic, like her — who said their loved ones were also sick with the coronavirus. One friend’s aunt was in intensive care at Memorial Hermann Southeast.
The friend’s family was planning a prayer vigil outside the hospital that weekend, so Martinez asked to join. Then members of another family they knew came forward, asking if they, too, could come pray for a loved one hospitalized there with COVID-19.
Martinez choked back tears that Sunday afternoon this month as she and 40 others stood in a parking lot outside Memorial Hermann Southeast, faces covered with masks, hands lifted in prayer for the three patients hospitalized in ICU rooms 2, 11 and 22 — all Hispanic, all connected to ventilators.
The moment made Martinez feel like she wasn’t alone, she said, and helped her realize just how rapidly the virus was spreading through her community.
“Pretty much everyone who I know has had coronavirus or has a family member who’s been sick or is in the hospital,” said Martinez, who by early this week could list 45 Hispanic friends, family members and acquaintances who’ve been sick with the virus in the Houston area — including four who’d died.
As the coronavirus tears disproportionately through Latino communities in Texas, data released this week by state health officials reveals that an outsized share of these residents are also suffering the worst outcomes. Hispanic Texans make up about 40% of the state’s population but 48% of the state’s 5,952 confirmed COVID-19 deaths, according to Department of State Health Services data.
In the Houston region, where COVID-19 hospitalizations surged in June before beginning to decline in recent days, data released by the Harris County health department showed a disproportionate share of those requiring hospital care — as high as 65% of newly hospitalized patients during some weeks in June — were Hispanic, despite the fact they are 44% of the population.
At Memorial Hermann Health System, one of the Houston region’s largest hospital chains, an analysis of emergency room visits shows that far more Hispanics in their 20s, 30s and 40s have showed up at its hospitals with COVID-19 compared with other ethnicities, an indication that the virus is spreading widely among young Hispanic residents and that they may be waiting until they are sicker to seek care, officials said.
There are numerous reasons for these disparities, experts say. Hispanic residents are more likely to work in service jobs or live in multigenerational households that make social distancing difficult. They are less likely to have health insurance. And they are more likely to have health problems, including diabetes and high blood pressure, leaving them more vulnerable to serious illness.
These factors are more pronounced in Texas, one of the first states to reopen after initial coronavirus shutdown orders, with Gov. Greg Abbott urging people to get back to work beginning in May — including at restaurants, bars and hotels — even as the number of COVID-19 cases continued to grow.
Texas is also the largest state in the nation that refused to expand health insurance for low-income residents under the Affordable Care Act, and it is home to a rapidly growing Latino population. Nearly a third of adults under 65 in Texas lack health insurance, the worst uninsured rate in the country, and more than 60% of those without health insurance in the state are Hispanic.
Dr. Esmaeil Porsa, Harris Health System’s president and CEO, oversees Houston’s two public safety-net hospitals. He said COVID-19 is amplifying the existing inequalities of “a health care infrastructure that is faulty by design.” At Porsa’s hospitals, where a majority of patients lack health insurance, the medical staff has run out of ICU space and key drugs needed to treat COVID-19, leaving many patients to linger in emergency room beds for days before being transferred to hospitals outside the city.
Nationally and in parts of Texas, the coronavirus has also disproportionately sickened and killed Black residents, another group with unequal access to health care.
“And what is happening today really is that faulty design coming out in terms of certain hospital systems becoming overwhelmed, and one segment of the population being disproportionately harmed by it,” Porsa said. “These problems are all coming to a head after decades of not paying attention to the health care infrastructure.”
Another problem: People who lack health insurance often wait too long to seek medical care, leading to worse outcomes, said Dr. Amelia Averyt, a primary care physician at Legacy Community Health, a federally funded center whose patients are about 60% Hispanic.
For those without legal status, Averyt said, there’s also the worry about being able to stay in the country and how to pay medical bills without health insurance.
“I think fear is keeping them at home more than anything,” she said.
The pandemic’s disproportionate toll can be seen in dozens of desperate postings on GoFundMe by Latino families in the Houston region, each pleading for help paying for COVID-19 medical bills or funeral expenses. Several said their loved ones lacked health insurance; others said the virus had hospitalized multiple members of the same family, leaving nobody healthy enough to earn money for rent.
Leonor Quiroz’s friends set up a fundraiser for her after she and her husband of nearly 10 years were hospitalized with COVID-19 in May. Leonor, 47, thinks her husband, Valentin, 52, brought the virus home from a construction site. He couldn’t afford to take time off work.
She was hospitalized first; Valentin, who continued going to work even as his symptoms worsened, followed her into HCA Houston Healthcare Tomball days later. She got better and was discharged; he got worse and was connected to a ventilator.
Each day, Leonor would call and sing Valentin one of their favorite songs in Spanish, “A Puro Dolor” — “Sheer Pain” — while a nurse held the phone to his ear.
“Give me back my fantasies … The courage that I need to live … The air that I breathe.“
Valentin died May 23, leaving Leonor with more than $25,000 in out-of-pocket medical and funeral expenses.
“A lot of my Hispanic friends and family believed the coronavirus was a conspiracy until I actually lost my husband,” Leonor said. “Now they realize it’s not ... after it cost me everything.”
Harris County Judge Lina Hidalgo, the top elected official in the county that includes Houston, called a news conference this month after county data began showing a surge in COVID-19 cases among Hispanic residents. She called the data “a wake-up call,” and not just for those communities already reeling.
“We should care about what’s happening to our most vulnerable residents right now and not just because it’s the right thing to do,” said Hidalgo, the first Latina elected to her position. “We are all interconnected. … If some among us are sicker than the rest of us at the moment, guess what? Sooner or later it’s going to catch up with all of us.”
“He Can’t Catch His Breath”
Cristobal Onofre, 22, has a framed photo of his father in his living room, taken on Benito’s 44th birthday in February. It shows Benito Onofre in his northwest Houston apartment, smiling with cake frosting on his lips, standing in front of a “Happy Birthday” banner and colorful balloons.
He was healthy, his son said.
Five months later, on July 3, Benito was found dead in his apartment after suffering from an untreated case of COVID-19. He was part of a wave of people who’ve died at home in Houston this summer as coronavirus infections surged.
Benito had gone to great lengths to protect himself from the virus, his son Cristobal said. He wore a mask at the restaurant where he worked as a dishwasher and gloves when shopping for groceries. If Benito saw too many people inside a store, he would turn back. But there was only so much he could do.
Sometime in late June, he started feeling ill, with an aching throat that kept him awake at night. After a few days, he decided to get tested for COVID-19 at the Mexican Consulate in Houston. But the test results would take days. In the meantime, Benito continued to treat it as a common cold, drinking hot tea and taking cough syrup.
By the end of the week, his symptoms worsened. “My uncle called and said: ‘Your dad is not doing very well. He can’t catch his breath,’” Cristobal said in Spanish.
His family called an ambulance but said Benito refused to get in when it arrived. Cristobal was told that his father, who still doubted he had COVID-19, was afraid of catching the virus in the hospital. There was also the question of how he would pay for hospital care. Like nearly half of Hispanics in Harris County, Benito lacked health insurance.
Later that night, after the ambulance left, Cristobal’s uncle, who lived with Benito, found him sprawled on the bathroom floor. Paramedics declared him dead, and the medical examiner later determined COVID-19 was the cause, listing high blood pressure and obesity as contributing factors.
Data from the Houston Fire Department shows a 45% jump between February and June in the number of cardiac arrest calls that ended with paramedics declaring people dead upon their arrival at the scene. In March, the department recorded about 250 dead-on-arrival calls, the most of any month in the past two years up until that point. In June, the number grew to nearly 300. And during the first 23 days in July, the most recent data available, the department had already surpassed that number, a new record, fire officials said.
Among the small subset of these at-home deaths later tested and confirmed to be the result of COVID-19, an overwhelming majority of people have been Hispanic, according to Harris County Institute of Forensic Sciences data. In the first two weeks of July, the medical examiner attributed the at-home deaths of 22 people in Harris County to the coronavirus — already surpassing the total number for the month of June. Sixteen of the dead, 73%, were Hispanic.
Benito left a wife and four children in his native Mexico. He hadn’t seen them in 13 years and was recently talking about heading back for good, becoming more anxious about being here without legal status.
In Houston, it was only father and son. They used to play soccer together and grab a bite at their favorite Mexican restaurant every Friday. A typical dad, Benito would scold Cristobal for not calling his mother or for changing lanes without signaling.
“He was my dad but also my friend,” Cristobal said.
“If you are sick, go to the hospital,” is his message to others. “We don’t know if it can be a common cold or the coronavirus. This illness is nothing to play around with.”
“Not Giving Up on Him”
Beginning in June, Dr. Jamie McCarthy, an executive vice president at Memorial Hermann Health System and an emergency room physician, was hearing anecdotes from colleagues suggesting that the coronavirus was hitting Hispanics harder than other groups in the Houston region.
This week, the hospital system ran an analysis of emergency room visits that confirmed those observations. More than 37% of nearly 9,000 patients who’ve tested positive for the virus at Memorial Hermann hospitals identified themselves as Hispanic, a greater share than the hospital system’s typical patient mix, McCarthy said. Another 4,000 patients who tested positive for the virus declined to share their ethnicity with the hospital, but a significant number of them came from majority-Hispanic ZIP codes.
Although the system’s Hispanic COVID-19 patients have been younger — more in their 20s, 30s and 40s than other age groups — McCarthy said a similar percentage of them, about 4%, end up requiring admission to an intensive care unit compared with patients of other ethnicities, who tend to be older. Part of the reason, McCarthy said, are the underlying health conditions experts have said can lead to poor outcomes even for young people in otherwise good health.
“Most people who are 40 and have a little bit of diabetes or a little bit of hypertension or maybe who are carrying a little bit of extra weight don’t feel like they should be at increased risk for this,” McCarthy said. “But that’s certainly what we’re seeing. People who think they’re healthy because their chronic conditions are well managed are still increasingly at risk and requiring hospitalization.”
A lack of health coverage, language barriers and bad past experiences may be leading many Hispanic residents to avoid emergency rooms until it’s too late, McCarthy said.
“I’m sure there are many people who have the story of, ’My loved one went to the hospital and I never talked to them again, and they died,” McCarthy said. “And that’s just scary. And so if you’re non-English speaking, from a limited socioeconomic background, are you going to call 911 when the other people who did that never came home?”
After noticing the trends, Memorial Hermann launched Spanish-language education initiatives targeting majority Latino communities, including billboards and TV segments, urging residents to social distance and to seek medical care when they begin to feel ill.
Weeks before holding the prayer vigil in the parking lot outside Memorial Hermann Southeast Hospital, Valery Martinez got a distressing call from her aunt. Her cousin, Arturo “Tudy” Valles Jr., 41, had been sick for days before his mother noticed him straining for air in the middle of the night on June 26 and finally called 911. The ambulance rushed him from his home in Pasadena, a majority-Hispanic city southeast of Houston, to the hospital, where he was soon connected to a ventilator.
In the days before being hospitalized, when he first noticed the pain in his throat, Valles made four attempts to get tested for COVID-19 at a free testing site near his home. But each day, his family said, the clinic ran out of tests before he reached the front of the line.
Valles’ mother, Nilda De La Peña, tested positive not long after calling paramedics for her son. Then a week later, Martinez caught the virus, too, forcing her to move out of her home to avoid infecting her elderly grandmother.
“Basically everyone I know has been impacted, and people are dying,” said Martinez, who by then could tally four people in her life who’d died of COVID-19.
A single father who lived with his mother and his 13-year-old daughter, Valles worked at a chemical plant until his diabetes worsened several years ago, forcing him to have one leg amputated. Despite being only 41, his underlying health troubles put him at higher risk once he became sick with the coronavirus.
Last week, after Valles had spent three weeks on a ventilator, doctors at Memorial Hermann warned that he might not survive another night, prompting Martinez to organize a video chat. Eighteen of Valles’ closest loved ones took turns telling him how much they loved him.
“We’re not giving up on him,” Martinez said last Thursday, two days after the video call. “God has the last word, not doctors or nurses.”
Her family hosted a fundraiser Saturday, selling Tex-Mex plates in the parking lot of a Pasadena restaurant to help pay for Valles’ mounting medical bills. A week after the doctors’ warning, Valles was still alive, giving Martinez and her family hope that he might pull through.
But on Tuesday, the hospital called with a devastating update. The number of people in Martinez’s life who’d been killed by the coronavirus had grown to five.
Utah prioritized the health of businesses over keeping coronavirus case counts down. As case counts rise, the state will now allow indoor gatherings of up to 3,000 people.
This article was first published on Tuesday, July 21, 2020 in ProPublica.
Back in April, when public health officials were still helping lead Utah's response to the coronavirus, the spread of the disease had slowed, stabilizing at fewer than 200 reported cases a day.
Then came a shift in power, and priorities.
State legislators who felt Gov. Gary Herbert was not moving quickly enough to lift restrictions on businesses created a commission to set guidelines to reopen. "It's not meant to give economic outcomes a higher weight, but it is time to give them some weight," said Sen. Daniel Hemmert, a Republican who sponsored the bill and took his seat on the commission alongside other politicians, bureaucrats and business leaders.
Email correspondence and interviews with more than a dozen state and local officials in Utah show that the health of the state's businesses was prioritized over the health of the public, as officials stopped slowing the spread of the virus and instead calculated how many sick people its health system could bear.
Dr. Joseph Miner, executive director of the Utah Department of Health, told ProPublica that state leaders originally planned to relax restrictions as cases decreased. But "because of the concern that you can't keep the economy closed this long," they reopened before that happened and shifted their attention to how many cases hospitals and contact tracers could handle.
"We know there's going to be increased cases. We just said, amongst ourselves, this is really what we're addressing: our capacity to respond rather than decreasing numbers."
With key health experts cut out of the decision-making process, including the state epidemiologist and local officials who were stripped of their ability to issue their own restrictions, the governor and the commission quickly swept aside restrictions meant to slow the virus's advance in Utah. You can now hold indoor events with up to 3,000 people and outdoor events with up to 6,000. You can drink at bars, eat in restaurants and go to the movies.
People in Utah are going back to work; new unemployment claims from early July dropped 78% since the peak from early April, when most businesses were closed, and its unemployment rate is just above 5%, which is under half of the national average. Utah was considered one of the states best-prepared to weather the pandemic's economic downturn. But experts say that rising infections could threaten any state's recovery.
And in Utah, infections are rising. The percentage of tests that come back positive is at 10% as of July 13, compared with 3% to 5% in April. On July 14, the state reported its highest number of deaths on a single day since the pandemic began. Since late May, the seven-day average of daily case counts statewide has quadrupled.
Utah's story is mirrored in states across the country, where leaders sidelined public health experts and forged ahead without meeting criteria scientists say are necessary to reopen. In Florida, the governor loosened restrictions as cases rose; Miami is now the national epicenterof the virus. Georgia left it up to businesses to decide how much to scale back service in the middle of a pandemic; South Carolina let the hospitality industry write its own reopening guidelines. The virus is now spreading uncontrolled in those two states, with some of the highest ratesin the country. Texas, whose governor took advice on reopening from a panel stacked with corporate executives and business leaders, reopened restaurants and malls after reaching a record in daily deaths; its hospitals are now stretchedto the brink.
Herbert's office did not respond to questions about how he's managed the pandemic. In an emailed statement, Jefferson Burton, the commission's co-chair, said the group regularly reviews Utah's reopening guidelines and makes changes based on new data, federal guidance and input from stakeholders. Decisions on when to lift restrictions are based on hospital utilization, infection growth rates and the number of tests performed, among other factors, the statement said. "There are not hard-and-fast data points that automatically trigger a move. … Rather, individual geographic areas are evaluated looking at their specific trends over time."
Dr. Michael Good, CEO of University of Utah Health and the only physician on the commission, said the "goal has always been to slow the spread of the virus." The commission is trying to balance decisions on reopening in a way that keeps infections low while not inadvertently causing other social and economic problems, he said.
Epidemiologists say that one of the biggest risks of reopening prematurely is that it suggests formerly banned activities are now safe. The family of a diabetic man who died after going to a party in Riverside County, California, saidhe had been careful until the government eased restrictions.
The timing of Utah's spikes in cases clearly overlaps with the loosening of restrictions, said Dr. Emily Spivak, an infectious disease physician at University of Utah Health. People assumed the risk was over. Spivak has seen group barbecues and young people taking party trips to Lake Powell with "full-on 20-year-old summer social behavior." Of course case numbers went up, she added. "It's not rocket science."
A Shift in Power
Initially, Utah acted decisively to try and stop the spread of the coronavirus. In March, working with health advisers, Herbert decided to shut down schools days before New York City and restricted businesses based on their level of risk. Restaurants could not offer dine-in service; gyms and salons were closed.
While Herbert refused to issue a statewide shutdown, saying he didn't want to overrestrict less affected areas, mayors and local health officials wrote their own stay-at-home orders, which came with fines and even criminal penalties for violations. The state was a patchwork of legally binding rules, as The Salt Lake Tribune reported. "We give local control for the regional differences," Herbert said at the time, "and I think we've struck the right balance."
Doctors treating coronavirus patients were supposed to be allowed into the U.S. But hundreds of young doctors have their visas put on hold indefinitely.
Senate President Stuart Adams, a Republican businessman, disagreed. On April 8, he confirmed that lawmakers would convene to address the pandemic and consider limiting the power of local governments, saying their rules were creating confusion. It was time, he told the local paper in Ogden, for "a new phase" focused on the economy.
Sen. Hemmert and Rep. Mike Schultz co-sponsored a bill to establish the Public Health and Economic Emergency Commission, a 10-member team that would guide the reopening and advise Herbert. Staff from the Governor's Office of Management and Budget would provide support.
Apart from two healthcare system CEOs, none of the members had a medical or public health background. Among them: Adams, the two Republican legislators who sponsored the bill, the president and CEO of the Salt Lake Chamber of Commerce and the CEO of the Larry H. Miller Group of Companies, which includes sports teams such as the Utah Jazz as well as a chain of Megaplex Theatres across the state.
By the time the commission assembled, there was a new leader in charge of the state's coronavirus response.
Miner, a physician who had headed the state Health Department since 2015, has a lung condition and had been unable to attend in-person meetings. To be the "boots on the ground" for the the virus response, the governor appointed Burton, a retired military leader with no medical training who had experience in disaster management. Burton once headed Utah's National Guard and is running for a seat in the state House of Representatives. While Miner said he has remained "very much involved," he was not present, even virtually, for key decisions ProPublica asked about. He said he was briefed on outcomes by Burton's deputy.
During the time that Burton has served as co-chair of the commission, the three legislators on the commission have donated (either personally or through their campaigns) a total of $4,000 toward his run for state office, one-fifth of what his campaign has raised. He won the Republican primary in June and has no Democratic challenger in the general election.
The governor's office and a large team of advisers had createda color-coded system for reopening that could be turned up or down like a dial "based on the health risk." The system had four levels that dictated how businesses could operate, labeled red ("high risk"), orange ("moderate risk"), yellow ("low risk") and green ("new normal risk"). All of Utah was under the red designation in late April; each successive level would open more businesses and ease limitations.
The commission took the governor's guidelines and added specific rules for every industry, including restaurants, schools, entertainment venues and religious services. Five days after the group was created, it recommended moving the state to orange.
Herbert accepted the plan and moved Utah to the "moderate risk" level on May 1. Hotels and gyms opened. Groups of 20 could congregate with masks and social distancing.
Another Shift in "Risk"
Guidelines from the Centers for Disease Control and Prevention say one of the key factors for relaxing restrictions is evidence of a 14-day decline in new cases.
By May 12, cities and counties were expressing an interest in moving into the yellow, "low risk" level. Cases had plateaued, but had not dropped. Dr. Angela Dunn, the state epidemiologist, told KSL News Radio that on an "optimistic" timeline, some parts of the state might be ready to move into yellow on June 1.
But on May 14, just 13 days after moving the state into orange, the governor and the commission announced they were moving most of the state into the "low risk" level, on May 16. It was impossible to see, at that point, the full effects of the orange phase after half a month, because of the incubation period of the virus and the lag between symptoms, testing and test results.
Jenny Wilson, the mayor of Salt Lake County, petitioned to keep her county in orange; she noted that the active positive case rate there was several times higher than the state's. She could have kept the restrictions before the bill creating the commission passed, but now she needed the governor's approval. Herbert denied the appeal, but he approved similar petitions from the two largest cities in her county — Salt Lake City and West Valley City — and three other counties.
The rest of the state relaxed further into the phase labeled "low risk." All businesses could resume with certain precautions. Public swimming pools opened; close-contact team sports were allowed with temperature checks. Restaurants could serve buffets.
"Speaking [with] my public health voice, I feel that this is a mistake," Jennifer Dailey-Provost, a Democratic state representative who's pursuing a doctorate in public health, tweeted in reaction. "To say I'm frightened is an understatement. I hope I'm wrong."
Two weeks later, on May 27, cases began to surge.
A spokesman from the Salt Lake County Health Department said it's hard to say if the county would have fewer cases today if the entire county (and not just two cities) had stayed in orange. Commuting patterns make it impossible to separate different municipalities, and the piecemeal approach left some streets orange on one side and yellow on the other.
Hospitalization data is important to understanding the coronavirus's spread and impact. But after the Trump administration changed its reporting rules, the CDC removed the data from its site, and only added it back after a public outcry.
County data shows that throughout June, on days with a particularly high number of new cases, more than half came from areas that went yellow before the mayor felt they were ready.
Salt Lake City Mayor Erin Mendenhall said the commission has made it more cumbersome for local leaders to pass their own rules, but she gives the governor credit for allowing her city to remain in orange and approving the county's mandate for wearing face masks in public.
One of the counties Herbert had allowed to stay in orange was Grand County, home to Arches National Park. But that changed on May 28. When local officials asked to maintain extra protections as they moved to yellow — such as leaving hotel rooms empty for 24 hours between bookings — the governor's office denied the request.
The rural county has logged few cases, though it is impossible to tell how many tourists may have caught the virus there before returning home. Bradon Bradford, director of the Southeast Utah Health Department, which covers Grand County, said the local numbers started going up in July.
The commission's top-down approach is "uncharacteristic" of Utah, said Kirk Benge, who leads the Public Health Department for San Juan County in the southeastern corner of the state. "Most politicians claim that they like local authority and they like local decisions. In an emergency, to immediately strip that … I felt, was a mistake at the time."
A Mysterious Decision
Top health officials and other legislators have little insight into the commission's actions. Miner told ProPublica he has never attended a meeting. Nor has Dunn, the state epidemiologist. Both are part of a work group that provides input on what activities are allowed under each phase, but they aren't involved in the final decisions of when and how restrictions are loosened.
Dailey-Provost, the legislator with public health training, said her offers to help and suggest health experts went nowhere. She co-authored a study in April that predicted how coronavirus cases would peak in Utah. Reality has outstripped the study's worst projections.
One of the commission's most significant decisions occurred in late May, when they suggested redefining the yellow phase, which capped gatherings at 50 people, to allow indoor gatherings of 3,000 and outdoor gatherings of 6,000.
The proposal caught Dunn and other health officials off guard. They discussed it at their work group meeting of health and business experts. Burton's deputy, Richard Saunders, who often attends commission meetings, was also present.
Benge, the health officer for San Juan County, said he was "100% against" the change. Many businesses were still transitioning into the yellow phase and hadn't had time to open up, Benge said, so it was too early to loosen the guidelines any further. Dunn and Miner shared similar concerns.
Miner said he recalls the group was being asked to figure out how to implement the change as safely as possible. He said they concluded that if the venues were required to track where everyone sat, at least they could do contact tracing if anyone got sick.
The numbers were headed in the wrong direction. A day earlier, on May 28, the Tribunereported the biggest single-day spike in new cases statewide, as well as an outbreak in a nursing facility that infected more than half the residents. One county in northern Utah saw a 33% increase in cases.
Health officers fretted about the decision in emails released to ProPublica.
"This change happened on a timeline contrary to my recommendations and the recommendations of the state epidemiologist and other health officers," Benge wrote to his county health board.
"I don't think we'll need to move to Green because it's all being phased into Yellow," Bradford wrote to other local health officials.
"So who is going to count to see when they reach 6001 participants?" another officer replied.
Herbert accepted the commission's changes in June.
Jordan Mathis, the officer for the TriCounty Health Department that oversees Daggett, Duchesne and Uintah counties, said the numbers seemed arbitrary. "Why 3,000? Why 6,000? Where'd we pull those from?"
Good, the commission member, said he doesn't recall the exact reasons behind those numbers, but those discussions "were occurring at a time when 999 out of 1,000 Utahns did not have a coronavirus infection," he said. Today, the situation is more serious, with four times as many active cases as there were back then, he said. "Those are not the conversations we would be having today."
Brian Hatch, the health officer for Davis County, sits on a medical team that is supposed to advise the commission. He doesn't recall the commission ever asking for its advice on the phase guidelines. The medical team has focused on recommendations for high-risk residents who are especially vulnerable to COVID-19.
Hatch said the idea for 6,000 people outdoors might have come from his county. When the state moved to yellow, there was no reopening plan for Lagoon Amusement Park, the only amusement park in the state. The park owners worked with Hatch. They settled on 6,000 people, which is 15% of its usual capacity. With social distancing, mandated masks and other precautions like timed tickets, they could operate safely, Hatch said.
Dozens of New York nursing homes didn't see their first COVID-19 case until sick patients were sent there, many under Andrew Cuomo's state policy. To date, 6% of the state's nursing home population, or roughly 6,500 residents, have died.
The park reopened Memorial Day weekend with the governor's approval, a week before the commission meeting on May 29. A spokesman for the park said it reached the 6,000-person limit only a few times since opening. Hatch said there have been no outbreaks connected to the park, and having a large crowd dispersed outdoors is very different from cramming 3,000 spectators indoors. Since the risk of infection is much higher inside, "I'm concerned with 20 people together," he said.
Hatch said he doesn't know where the 3,000 number came from. Health officials couldn't point to any recent events with thousands gathered indoors. A spokeswoman for the Larry H. Miller Group, whose CEO sits on the commission, said the company's movie theaters have kept indoor crowds at 50 and have not hosted any sporting events at their large venues.
The indoor guidelines require assigned seating (to enable contact tracing) and masks whenever social distancing isn't possible.
Dunn and Benge said masks alone aren't enough. Masks need to be used in concert with distancing and hand washing, said Dr. Georges Benjamin, executive director of the American Public Health Association. "(The commission is) using the masks as an excuse to break all the other science rules."
The High Risk of "Low Risk"
Shortly after the May 29 meeting where the work group discussed the changes to the yellow guidelines, the commission held its own meeting.
According to meeting minutes, the commission wanted to determine how and when the state could switch to green, the "new normal." One of the people present was Burton's deputy, Saunders, who had just attended the work group meeting with Dunn and Miner.
Saunders told commission members that the potential impact from recent events — including Memorial Day celebrations and the opening of the amusement park — would become clear in the coming week. He said epidemiologists in the state Health Department advised staying at yellow until June 30.
Adams motioned to move most of the state to green by June 5, as long as the data supported it. The transition meant large crowds could gather without assigned seating. Religious services would no longer require 6 feet of space between families and sports competitions could resume.
The six commission members who were present voted unanimously for the idea. They waited several days to announce the news.
Utah had cycled through two phase changes in one month. Dunn worried residents saw it as permission to abandon precautions like masks. After all, the yellow phase was labeled "low risk."
"I am concerned that we are providing the public with false information regarding their risk for contracting COVID-19," she wrote to Miner, Burton and others on June 1. "Our % positive is at 7%, just a short jump away from the 8% positive at the beginning of this outbreak when we were only testing hospitalized patients. Our growth rate is sharply increasing."
The very next day, the commission said the state was ready to go to green.
When Benge heard the news, he told colleagues he was "concerned that the current 'Phased Health Guidelines' have gradually shifted at the state level, from being focused on protecting health to being more focused on protecting the economy."
The commission acknowledged coronavirus cases "may continue to rise" as restrictions are lifted. But case numbers are "a poor indicator of health risk for all Utahns," as 99% of COVID-19 patients recover, they said in a press release that cited low hospitalization rates, low death rates and increased testing and contact tracing. They called for a "smart" green level where everyone should still wear masks and stay socially distant.
They didn't mention the racial disparities that persisted throughout the pandemic. Fourteen percent of Utah's population is Latino, but they make up 40% of cases. The proportion of patients who die from the virus is three times as high for Native Americans as it is for white residents. Navajo Nation, which extends into Utah, Arizona and New Mexico, recently imposed stay-at-home orders over several weekends because of the worsening situation in surrounding areas. Most of the roads leading to Utah's national parks go through the reservation, said Pete Sands, a spokesman for Utah Navajo Health Systems. So when residents or visitors refuse to take precautions, it directly affects Navajo citizens.
Too many states are letting their cases grow based only on healthcare capacity, said Benjamin, the American Public Health Association director. "Why open the economy and allow needless death and illness and disability … [when] this single-minded strategy is eroding the economy in the long term?" he said. "Sick people can't work. People who are afraid to go out and shop [or] eat aren't going to go out."
Experts say there's more at play than ensuring hospital beds; workers face personal protective equipment shortages and burnout. There's no surefire way to prevent COVID-19 deaths, and many survivors are left with heart damage, scarred lungs, neurological problems and other long-term effects doctors are just beginning to understand.
A day after the commission's announcement on June 2, Dunn told reporters that no community in Utah was ready for green.
Nearly 8,000 ventilators are destined for foreign countries as part of Trump's plan to make the U.S. "king of ventilators." But public health experts worry the machines are crowding out more urgently needed aid.
Herbert waited until June 12 before moving one county to green. A week later, he approved requests from nine other counties to do the same.
As Herbert finalized the partial shift to green, Dunn sent an urgent memo to state and local health officials, which the Tribunepublished several days later on June 22.
"If we do not reach a rolling 7-day average of 200 [cases] per day by July 1, we need to move the entire state to orange," Dunn wrote. "This will send the message to Utahns that this outbreak continues to be a serious problem."
"This might be our last chance for course correction," she warned. "Contact tracing and testing alone will not control this outbreak."
Dunn recommended a statewide requirement for face masks. If that wasn't possible, she wrote, "we need to be clear with the public about why decisions are being made lessening restrictions — economic, not health."
Herbert said he appreciated Dunn's analysis but would not close down the economy. The seven-day average stood at 485 cases per day.
Beyond Capacity
By mid-July, the seven-day average had reached 650 cases per day.
A growing number of health and business interests want a statewide mask mandate. That includes the Salt Lake Chamber of Commerce and the Larry H. Miller Group, whose leaders sit on the commission. Adams has come out against the idea.
Herbert has required masks in state buildings and in K-12 schools starting this fall but stopped short of a blanket rule, citing individual freedom and local control. The issue has become so politicized in Utah that one county commissioner compared the idea of a mask mandate to Nazism. In Provo, residents crowded into a county commission meeting to protest the school mask requirement.
Darin Mellott, a real estate executive who serves on a separate economic task force on the pandemic, describes himself as an establishment Republican. But he personally feels masks are an easy way to stem the tide. "I think future generations, if we do nothing, are going to look back and say, 'Why did you subject so many people … to this threat, because of some imagined threat to our liberty?'"
Mellott said Herbert has a tough balancing act — "I think we would be in a much worse situation if it weren't for him" — but that the governor and other state leaders need to give more health professionals a seat at the table. "This is a war against the virus, and the medical professionals are the generals," he said. "So listen to the generals."
In a recent press conference, Herbert acknowledged that labeling the different phases based on risk might have given the public a false sense of security. He challenged residents to voluntarily wear masks and set a goal to keep average new cases below 500 a day by August 1. Herbert cited 800 a day as the absolute maximum the state can handle.
Dunn told ProPublica she suggested 200 cases a day because it allows the state to do contact tracing within 24 hours. Because of the lag time between infections and hospitalizations, any preventative measures taken today won't have an effect for another two to four weeks, so there's no time to lose. "You can't wait until you're already underwater," she said.
The state is hiring more contact tracers, but can now handle only 300 cases a day.
Doctors treating coronavirus patients were supposed to be allowed into the U.S. But hundreds of young doctors have their visas put on hold indefinitely.
This article was first published on Friday, July 17, 2020 in ProPublica.
As hospitals across the United States brace for a difficult six months — with the first wave of the coronavirus pandemic still raging and concerns about a second wave in the fall — some are acutely short-staffed because of an ill-timed change to immigration policy and its inconsistent implementation.
A proclamation issued by President Donald Trump on June 22, barring the entry of most immigrants on work visas, came right as hospitals were expecting a new class of medical residents. Hundreds of young doctors were unable to start their residencies on time.
Trump's order included the H1-B visa for highly skilled workers, which is used by some practicing doctors abroad who get U.S. residency slots. The proclamation stated that doctors "involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized" should be exempt from the ban, but it delegated the issuing of guidance to the departments of State and Homeland Security. That guidance has been slow and inconsistent.
Many consulates started approving doctors' visas on Thursday, after ProPublica asked the State Department about the delay. Others say they're still awaiting guidance.
At hospitals where many incoming residents are visa holders, even a delay of a few weeks in arriving in the U.S. creates a staffing crisis. Doctors and administrators are afraid that the repercussions will last for the rest of the year — leaving them overworked and ill-prepared even before a second wave of the virus hits.
ProPublica has heard from 10 would-be medical residents stuck abroad because of H1-B visa issues. Six of them had gotten emergency consulate appointments for visa approval, but when they arrived for meetings they were told their visas could not be approved. Three were still waiting on DHS approval for their visas, a necessary step before a visa gets a consulate stamp. One resident had application approval but was denied an emergency consulate interview appointment because of the ban. All were destined for hospital positions treating COVID-19 patients.
The State Department told ProPublica on Tuesday that it, "in conjunction with the Department of Homeland Security and interagency partners, is establishing and implementing procedures" for the visa ban, and that it "has communicated and will continue to communicate implementation procedures" to consulates abroad.
On Thursday, the State Department'swebsite posted guidance, spelling out that doctors treating COVID-19 patients were exempt from the ban. On that day, many of the residents ProPublica spoke to said they had suddenly received visa approvals. "A quite remarkable turnaround, given that I received a rejection email three days ago," one said. In at least five countries, however, consulates were still not processing doctors' visas.
The Committee of Interns and Residents, an affiliate of the Service Employees International Union, has heard from over 250 interns stuck abroad. Over 150 of them are on H-1B visas.. (The others are on visas that weren't covered in Trump's ban, but can't get approval because their consulates are still closed due to the pandemic.) Union president Jessica Edwards pointed out to ProPublica that while that number may sound small, each intern is responsible for the care of thousands of patients.
As of 2017, there were 2,532 medical residents on H1-B visas, according to the Journal of the American Medical Association — though the Trump administration's continued restrictions to legal immigration may have made it less appealing for hospitals to sponsor visas in the last few years. But the impact on hospitals is highly concentrated in the less-prestigious hospitals that tend to rely on residents from overseas.
At one New York City hospital serving low-income residents, nearly half the incoming class is still stuck abroad, multiple sources confirmed to ProPublica. One hospital in a large Midwestern city told ProPublica that "roughly half" of its first-year doctors started on time. In the Deep South, a region now overwhelmed by COVID-19 cases, a doctor who was set to start told ProPublica he was among 10 residents still awaiting visa approval as of early July. All hospitals and doctors spoke to ProPublica on the condition of anonymity because they worried about jeopardizing their visa applications.
ProPublica has also spoken to more-experienced doctors facing the same issue — including an infectious-disease specialist blocked from starting a job in an area of the Western U.S. where COVID-19 cases are rising.
When there aren't enough incoming residents to replace departing third-year residents, staffing crunches result.
At the New York City hospital, a doctor told ProPublica that after only 10 days of short-staffing, one resident had called in sick from exhaustion. The doctor recounted a recent shift in which there had only been two junior residents on call, compared with the typical six. Even by having residents work individually instead of in teams of two, they couldn't keep up with new patient admissions.
"The patients had to just stay there waiting in the (emergency department) for the residents to finish their first admission, in order to see them," the doctor said. "When the shift was over, I logged into the computer and I would see notes written at 10 p.m., 11 p.m. And these residents are expected to go home and then come back again at 6:30 a.m."
Even at hospitals with decreasing COVID-19 caseloads, short-staffing is a bigger problem than it was in pre-pandemic times. Some hospitals are seeing a "surge of non-COVID patients" who were unable to get care for chronic conditions like heart disease during lockdown and are now deteriorating, a doctor at a short-staffed hospital told ProPublica. And because protocols prevent doctors from switching back and forth between COVID-19 and non-COVID-19 patients, the hospital needs to keep more doctors on-call to maintain staffing levels in both wards.
"If someone is getting acutely ill, who will see them?" a hospital administrator told ProPublica. "I've got my poor residents running around trying to make sure everyone is seen in a timely manner. And residents are great, but they can only be in one place at one time."
Some of these problems will be fixed as residents receive delayed visa approvals and are able to come. But it will take weeks, if not months, to successfully onboard them. The Midwestern hospital anticipates that arriving residents may not be able to start until mid-August. In the meantime, they're understaffing services and using fourth-year medical students in place of residents.
Hospitals are used to a summertime efficiency gap, as new interns learn the ropes. This year, it could persist into fall — when a second wave of coronavirus infections is expected.
"I'm really worried that in three months," said the medical administrator, "we're going to have a bunch of residents who are just exhausted and just getting into the worst part of the fall, flu and COVID season."
These doctors already had to push themselves through the first wave of COVID-19 this spring. Furthermore, at hospitals hardest hit by the visa ban, the residents picking up the slack are often themselves H1-B visa holders whose futures are now uncertain. Trump's ban didn't revoke visas for anyone currently in the U.S., but if they leave the country — which they will have to do if they change jobs — their ability to return is unclear. Some of the doctors interviewed by ProPublica were living in the U.S. before the pandemic and returned home partly to get visa approval for their new jobs. One doctor ended up stuck in India while her husband was unable to travel there from the U.S.
Hospitalization data is important to understanding the coronavirus's spread and impact. But after the Trump administration changed its reporting rules, the CDC removed the data from its site, and only added it back after a public outcry.
Another doctor from India, now working in the U.S., told ProPublica: "My parents, they're (in India) by themselves, and both of them are about 70. At some point, probably, they will catch the infection." If that happens, the doctor plans to leave the U.S. to care for them — "and if I don't come back, I don't come back. At this point, I really don't care."
The feeling that the U.S. doesn't value them is compounded among residents who've already lived through the first wave of COVID-19 and who are now facing overwork and visa uncertainty. Some said other countries are making it easier for doctors to immigrate, while the U.S. leaves them in limbo.
"We feel underappreciated for what we're doing," the New York City resident said. "And what else can you do, more than sacrificing your life?"
Tightly regimented residency schedules can be tricky for H1-B visa holders even in the best cases. Doctors find out in mid-March if they are "matched" with a U.S. hospital, where they'll be expected to start at the beginning of July. DHS often takes longer than that to approve H1-B applications. Employers can pay for expedited processing to guarantee a decision within five days — but DHS shut down its expedited processing on March 22 because of COVID-19 and didn't reopen it until June 8.
Shortly afterward, Trump issued his proclamation banning entries on many visa types, including the H1-B.
Most people coming to the U.S. for residencies arrive on a different kind of visa, the J-1, and aren't covered by Trump's ban, though some have had issues getting consulate appointments because of the COVID-19 pandemic. But doctors do identical work regardless of their visa types. If anything, doctors with H1-Bs are more qualified than those with J-1s, since they're required to have completed all three phases of the taxing U.S. Medical Licensing Exam before starting residencies. Residents with H1-B visas were practicing doctors in their home countries, working alongside new medical-school grads from the U.S.
An earlier immigration ban targeting permanent immigrants, which passed in March, contained a broad medical worker exemption. When rumors of a work-visa ban started swirling in late spring, immigration lawyers and hospitals expected it would include the same language. Instead, the June proclamation mentioned only doctors working with hospitalized COVID-19 patients.
Every resident who spoke with ProPublica had provided evidence to the U.S. government that they met that description. Some were told by consular officers that they were probably exempt. But until they received State Department guidance, they had to place their visas in "administrative processing" — an indefinite holding pattern.
ProPublica saw an image of a form given to one visa applicant informing them of a hold. The form is typically used to request more information from the applicant. In this case, though, a consular officer had modified the form to say that processing would not begin until "implementation procedures" for the visa-ban exemption had been provided.
Doctors in limbo have formed WhatsApp groups to share information and support, but the dialogue has shown inconsistencies in the ban's implementation. Some consulates, such as those in Serbia, Russia and the United Arab Emirates, have approved doctors' H1-B visas as exempt. Asked about the discrepancy, the State Department told ProPublica: "Applicants who believe they qualify for an exemption from Presidential Proclamation 10052 should check the website of the closest U.S. Embassy or Consulate regarding the current status of services. How appointment systems are managed can vary depending on the consular section."
One applicant who reached out to the State Department for assistance received an email reply from an employee on July 10. The employee said that as far as they knew, the Office for Consular Affairs had given guidance to consulates and embassies to process visas that were exempt from the ban. (The agency declined to comment on that email.)
On Thursday, that applicant received a second email from the same employee. Guidance had been slow in coming, the employee admitted, but it had finally come through.
But some countries still haven't changed their practices. One doctor stuck abroad told ProPublica they'd sent a follow-up email to the consulate on Thursday morning. "He gave me the same reply," the doctor said, "that they are still waiting for guidance from Department of State."
For the world's best-known corporate-management consultants, helping tackle the pandemic has been a bonanza. It's not clear what the government has gotten in return.
This article was first published on Wednesday, July 15, 2020 in ProPublica.
In the middle of March, as the coronavirus pandemic was shutting down the country, McKinsey & Co., the giant management consulting firm, saw opportunity. The firm sprang into sales mode, deploying its partners across the country to seek contracts with federal agencies, state governments and city halls. Government organizations had been caught unprepared by the virus, and there was a lot of money to be made advising them on how to address it.
That month, a partner in McKinsey's Washington, D.C., office, Scott Blackburn, got in touch with an old colleague. Deb Kramer had just been promoted to become an acting assistant undersecretary at the Department of Veterans Affairs, where Blackburn, whom McKinsey declined to make available for an interview, had held senior roles between 2014 and 2018. During that period, the two had overseen a major overhaul of the agency called "MyVA," a project McKinsey had worked on as well. Blackburn had worked at McKinsey before going to the VA, and he returned to the firm afterward. He and Kramer were in touch repeatedly in the middle of March, according to a person familiar with the exchanges.
On March 19, Kramer made a highly unusual request: The VA, she said, needed to hire McKinsey within 24 hours. The VA runs a sprawling health care system that serves 9 million veterans, many of them older and plagued by chronic health problems, and typically takes many months to solicit and accept bids and vet bidders for a contract. The health system's leadership wanted to sign a multimillion-dollar contract with McKinsey to spend up to a year consulting on "all aspects" of the system's operations during the COVID-19 pandemic, Kramer told a VA contracting officer, Nathan Pennington. Pennington memorialized parts of the exchange in a public contracting document.
"There is no time to spare," the contracting document stated, "every day wasted by a lack of situational awareness down to the community level, and the inability to model scenarios and test alternative courses of action, increases the risk to the citizens of this nation, to include Veterans and our own employees." The VA, the document observed, needed help with "life-and-death decision-making today."
The exigent circumstances left no time to seek competing bids or to fully vet McKinsey's proposal, Kramer argued. It was the only contractor she and her colleagues were aware of that could provide the required services without needing "ramp-up" time the VA couldn't afford. Pennington conducted no market research and only a minimal review of the cost, "as there was no time," he wrote. Kramer approved the $12 million price tag. The contract was signed on March 20.
That would turn out to be just a down payment for McKinsey. Ten days later, the Defense Health Agency was added to the VA contract, upping its value to $22.5 million, and the week after, the Air Force hired McKinsey — also with a no-bid contract. The firm's assignment for the Air Force was to serve on a task force developing a strategy to get defense contractors, many of them McKinsey clients, to produce medical supplies during the pandemic. To justify the $12 million value of that contract, an Air Force contracting document cited what the VA had agreed to pay McKinsey. It did not mention the VA price tag's largely unvetted nature. Finally, in early May, the DHA expanded the scope of McKinsey's work, signing an additional contract worth up to $6.1 million.
A VA spokeswoman, Christina Noel, said that the agency "adhered to all federal contracting laws" in hiring McKinsey and that "no-bid contracts can help provide VA the flexibility needed during this national emergency to deliver the services required to support clinical needs and save lives." A DHA spokesman, Richard Breen, said McKinsey had "expertise needed and an existing contract with [the VA] for COVID-19 modeling support with a separate and distinct scope." An Air Force spokesperson did not respond to emailed questions.
In a matter of weeks, McKinsey had extracted a total of $40.6 million in no-bid contracts out of its initial agreement with one federal agency. The firm has continued to scoop up COVID-19-related contracts for various governments since then. Altogether, in the four months since the pandemic started, the firm has been awarded work for state, city and federal agencies worth well over $100 million — and counting.
Many of the most prominent government pandemic efforts have been staffed with battalions of McKinsey's trademark dark-suited young MBAs. The joint coronavirus task force operating out of the Federal Emergency Management Agency and Department of Health and Human Services enlisted McKinsey, on a pro bono basis, to help obtain medical supplies. New York Gov. Andrew Cuomo's team hired McKinsey to draw on existing epidemiological models to project hospital capacity and medical supply needs. The Food and Drug Administration retained the firm to do data analysis.
Among states, California, Illinois, Massachusetts, New Jersey, Tennessee and Virginia have worked with McKinsey. (Comprehensive contracting data is not yet available, and only some states have revealed the dollar value of their contracts. For example, the contracts for New York and New Jersey represent a combined $18 million in revenue for the firm.) Cities including Atlanta, Chicago, Los Angeles, New Orleans and St. Louis have also used the firm during the pandemic.
It's too early to fully judge these engagements, but a preliminary assessment shows mixed results. After early stumbles, New York state and New Jersey are doing relatively well. On the other hand, the FEMA/HHS task force has faced harsh criticism for a slow and dysfunctional effort to procure supplies. And project documents and interviews show that, at the VA, consultants have been slow to deliver urgently needed data. In other places, officials have denigrated McKinsey's contributions. "Basically, they are compiling data for us," a top official in Florida's Miami-Dade County wrote in an internal email obtained by ProPublica. "And putting it in pretty formats." That contract was for up to a month of work, with a price tag of up to $568,000, and the confusing set of reopening guidelines that emerged with McKinsey's help has been widely panned.
McKinsey defended its work in a written statement the firm sent in the name of Liz Hilton Segel, its managing partner for North America operations: "Like many other companies, we chose to engage and do our part in helping governments fight this pandemic." The statement noted that McKinsey "has the capabilities to support leaders and public servants who are navigating this humanitarian and economic crisis. … We are proud of the support we have provided to public sector leaders, front line staff and those engaged in fighting this pandemic."
Given that McKinsey consultants operate as advisers, with government officials charged with making final decisions, it can be hard to identify the firm's responsibility for any given decision. But the firm's government work has been steadily rising in the wake of a multidecade hollowing out of government (a trend McKinsey has promoted and ridden). Today, that increasingly means that if you examine the government's response to the pandemic, you're likely to find McKinsey's fingerprints.
Like countless organizations, McKinsey has been buffeted by the pandemic, encountering turbulence and uncertainty. For starters, the sputtering economy put many of its corporate clients under duress.
Then there was a bevy of self-inflicted problems.
McKinsey's bankruptcy practice, which would normally thrive during hard times, has been under a "black cloud," as a lawyer representing McKinsey put it in a court hearing in April. The firm's practice has been dogged by a federal investigation into potentially criminal self-dealing and tied up in litigation with the founder of a rival firm over whether McKinsey properly disclosed possible conflicts of interest. ("McKinsey's bankruptcy disclosure practices have always complied with the law," Gary Pinkus, chairman of the firm's North America operations, said in a written statement.)
More broadly McKinsey has seen its long-gilded reputation tarnished in recent years as government projects come under critical scrutiny. Media outlets, such as ProPublica, The New York Times and The Wall Street Journal, have investigated a variety of ethically and legally dubious actions. That included helping the Trump administration execute exclusionary immigration policies, corruption allegations against local companies McKinsey worked alongside in Mongolia and South Africa, and a pattern of hiring the children of high-ranking officials in Saudi Arabia. In each instance, McKinsey has denied wrongdoing. With $10 billion in annual revenues, the firm is now as big or bigger than many of its clients and has developed a culture that resists oversight.
Newly uncovered documents show the consulting giant helped ICE find "detention savings opportunities" — including some that the agency's staff viewed as too harsh on immigrants.
In April, McKinsey was penalized for running afoul of the federal government. The General Services Administration, which oversees federal procurement, canceled two government-wide contracts, one of which had earned the firm nearly $1 billion between 2006 and 2019. In a reportissued earlier by GSA's internal watchdog, investigators revealed that McKinsey had refused to comply with an audit. Instead, the firm went over the head of a contracting officer and found a GSA supervisor who was willing to accommodate the firm. That supervisor worked with McKinsey to improperly inflate the contract prices, the investigators found, part of a troubling pattern of favoritism the supervisor showed toward McKinsey.
For nine months, GSA negotiated with McKinsey to lower its rates. McKinsey's intransigence ultimately led officials to see cancellation as the best option, according to a statement from a senior GSA official, Julie Dunne. (DJ Carella, a spokesman for McKinsey, which denied wrongdoing, said in a statement, "We are disappointed with GSA's decision and look forward to potentially returning to the GSA schedule in the future.")
The fallout devastated the firm's U.S. public-sector practice, current and former consultants say. "The public-sector practice was already underutilized after the [GSA] report," one of them said. "And then it just stopped."
For McKinsey, the pandemic provided a new opportunity to regain its foothold in the federal government. Coordination from the White House was inconsistent at best, and many state, federal and city agencies were already short staffed. Years of budget cuts and anti-big government policies had left them dependent on outside contractors even in ordinary circumstances.
So dependent that McKinsey consultants on the FEMA-HHS task force ended up working in the procurement process, according to a federal official briefed on the task force's work. That was unfamiliar terrain for the McKinseyites. Crucial medical supplies from surgical masks to ventilators were scarce and the government had solicited offers from any vendors claiming to have access to the necessary supplies. As the offers came in, McKinsey consultants were among the task force members assigned to help vet them before forwarding them to federal procurement officers, the federal official said. Carella, the McKinsey spokesman, said the firm "did not 'vet' offers" of "PPE, ventilators or medical supplies," but rather "helped the client assess the availability of life-saving equipment," without making any decisions about what to pass on to contracting officers.
A FEMA spokeswoman, Janet Montesi, put it differently. The task force "vetted hundreds of leads for PPE that were passed along to FEMA and HHS," she said in a statement. Responding to questions about McKinsey's pro bono work for the task force, Montesi added that "the volunteers played an important role," but career contracting officers followed legally required processes before entering into any contracts.
McKinsey consultants struggled to understand the complicated government procurement rules, according to the federal official. The career procurement officers found themselves rejecting what seemed like every other offer forwarded by the consultants and other task force members, because they ran afoul of various rules. "Even though a career employee can spot the problems quickly, you still have to stop doing your regular procurement work," the official said. "That delays the whole process."
In the weeks just after McKinsey signed its $12 million contract with the VA, Richard Stone, who runs the agency's health care system, and his aides crowed about hiring the consultancy, according to federal officials who spoke with them at the time. Stone, a medical doctor who had worked as a consultant at Booz Allen Hamilton, seemed to lack faith in his own staff. The VA, he told one of the federal officials, was now "better prepared because we have private-sector capability."
His enthusiasm didn't last long. Kramer had insisted that only McKinsey could meet the VA's needs immediately. Yet more than three weeks after the consultants started, they still hadn't provided data and analysis on key parts of the VA health system. One of McKinsey's daily PowerPoint updates for VA officials, dated from mid-April and obtained by ProPublica, shows that the consultants had yet to analyze the pandemic's effect on two types of health care facilities most vulnerable to the coronavirus: VA-run nursing homes and VA facilities in rural parts of the country. The rural facilities alone serve 2.7 million veterans — more than a quarter of the veterans enrolled in the VA — and half of them are over 65 years old. These analyses, notes one of McKinsey's slides, would be added "in the coming days."
The federal government is spending billions of dollars to combat the coronavirus, and spending shows no sign of slowing down. Explore who the U.S. is buying from, what it's buying and how much it's paying.
Also absent was data on medical supply capacity across the VA health system. Slides assessing conditions in numerous regions — including those facing some of the country's worst outbreaks at the time, like New York City, Detroit and New Orleans — contained a placeholder for the missing data: "To be incorporated over the next few days." (Hilton Segel, the McKinsey partner, seemed to blame the VA. "We conducted the analyses as the data was available so the client could make decisions in real time with the best available information," she said in a written statement.)
Meanwhile, VA nurses and other front-line care providers were sounding the alarm about widespread shortfalls in personal protective equipment and other materials. With a complete void in McKinsey's slides where the relevant data should've been, VA officialsdisputed that there was a supply shortfall, delaying the agency's response. It wasn't until late April that Stone acknowledged in an interview with The Washington Post that medical supplies were at "austerity levels" at some VA hospitals.
Noel, the VA spokeswoman, defended the consultants' work. "McKinsey & Company is fully fulfilling the terms of its contract, providing timely, critical intelligence about capacity and utilization rates of non-VA health care facilities and other analytical services during VA's response to COVID-19. This is a capability that VA does not have, and these services are vital."
At congressional oversight hearings in recent weeks, questions about the sufficiency of the VA's medical supply stores have persisted. Meanwhile, infections have been rising sharply in its facilities. A month ago, there were about 1,685 VA patients and employees with active COVID-19 cases. As of July 14, that number had jumped to 5,887.
McKinsey's success cultivating government clients during the pandemic is, in many respects, the realization of a 70-year mission. The 1950s were when the firm began pushing the view that businessmen should supplant civil servants, particularly in the management positions tasked with putting policy into practice. The pitch was self-interested but well calibrated to appeal during the Cold War: The "free enterprise society" of the U.S. "dictates that industry should be given as extensive a role as possible," McKinsey wrote in a 1960 report to the fledgling National Aeronautics and Space Administration.
NASA soon relied almost exclusively on outside contractors. By 1961, almost $850 million of the agency's $1 billion budget went to aerospace contractors. NASA would become the template for "the emerging 'hollowed-out' structure of the contractor state," the historian Christopher McKenna wrote in "The World's Newest Profession," his 2006 book on the consulting industry.
Over decades, McKinsey's approach became self-reinforcing. As successive administrations chipped away at the civil service, politicians who advocate small government got the dysfunctional bureaucracy they had complained about all along, which helped them justify dismantling it further.
The upshot of this process can be seen throughout McKinsey's coronavirus consulting. Stone, the VA health system head, thought a consulting firm made the VA better prepared. The Defense Health Agency provided "no staff support" for the head of its COVID-19 task force, according to a contracting document, prompting the agency to outsource that work to McKinsey. A senior official in Miami-Dade County had a more jaundiced view. She wrote in an email to a colleague that the firm's consultants were merely "doing the research I am too burned out at this point to do" — adding that she was "quite flattered" that it took an entire team of high-priced consultants to replace her.
McKinsey's business model also generates a second round of revenue from its government work: The firm effectively sells data it obtains from one government project to other agencies. McKinsey generally retains in its central databases anonymized work product from its engagements, so future consulting teams can get a head start on similar projects. Ordinarily, the federal government might be expected to put together that type of clearinghouse and share it with state and city governments free of charge. But in the absence of such a clearinghouse, McKinsey has something state, city and federal government agencies need, and access to government data has formed a core part of McKinsey's COVID-19 pitch.
McKinsey's data was one of the factors cited by VA officials to justify hiring the firm within 24 hours. As a contracting document explained: The firm "already possessed an immense amount of both global and community epidemiological data on COVID-19" the VA didn't otherwise have access to. McKinsey customers pay not only in cash but by adding new data that the firm will be able to sell to the next customer.
Hiring McKinsey is a famously expensive proposition, even when compared with its leading competitors. A single junior consultant — typically a recent college or business school graduate — runs clients $67,500 per week, or $3.5 million annually. For $160,000 per week, you get two consultants, the second one mid-level.
To alleviate the sticker shock, McKinsey has lately offered a coronavirus discount. In project proposals, the firm branded these COVID-19 rates "philanthropic prices." The reduced rates ranged from $125,000 per week (for the two-consultant package) to $178,000 (for five). In a separate column, a McKinsey pricing sheet played up pandemic-only add-ons, whose language read like action-figure packaging: "COVID team includes COVID analytics and best practices."
In her statement, Hilton Segal, the McKinsey partner, noted that, when the pandemic began, the firm reduced its fees to the public sector "as part of our commitment to help. We made our intellectual property and capabilities available widely, including by setting up a COVID Response Center that provides free public access to insights from our research. Thousands of McKinsey colleagues stepped up to help — through client work, pro bono service, developing and publishing insights on the pandemic, and more."
The firm's work for Miami-Dade County suggests some clients get little in return, according to interviews, as well as emails and project documents obtained by ProPublica through a public records request. On a Friday in late April, Jennifer Moon received an email from a senior McKinsey partner. Moon is the budget director and a deputy mayor for Miami-Dade, and her boss, the mayor, wanted to hire McKinsey to help finalize guidelines for reopening the county's economy, which he had shuttered over a month earlier. It fell to Moon to hammer out the details.
In his email, the McKinsey partner, Andre Dua, directed Moon's attention to a pricing sheet listing what he called "our special Covid 19 pricing" and outlined the anticipated scope of the firm's work. The proposal consisted largely of consulting buzzwords: variations on the word "analysis"; offers of "best practices," "perspectives" and "decision-support."
Moon could read between the lines, and she discerned a familiar set of tasks. "Here's what the consultants will be doing," she wrote, forwarding one of Dua's emails to the county lawyer reviewing McKinsey's contract. "Apparently, it takes 5 people with staff support to do what I've been doing myself." The $142,000 per week it would cost was more than the combined annual salaries of the two staffers who had been helping Moon prepare the reopening plan — very ably, she noted in an email.
The reopening plan's publication was imminent, and Moon didn't expect the project to last longer than a month. But as contract negotiations unfolded, Dua and Geoff Bradford, a McKinsey contract manager, resisted the county's attempts to limit the contract's duration to four weeks. They wanted to keep the agreement as open-ended as possible to "provide flexibility." What they meant by that, they explained in a series of emails, was the flexibility to expand the scope of the project and keep McKinsey's consultants around longer.
Dua and Bradford also resisted county officials' efforts to be transparent. McKinsey has a long-standing policy of refusing to reveal the names of its clients and demanding that clients likewise not reveal that they've retained McKinsey, unless they're legally obligated to. Amid the pandemic, the firm has taken confidentiality a step further. McKinsey's COVID-19 contracts still require that clients not disclose that they've hired the consultancy. But many of them now allow McKinsey to unilaterally "disclose that we have been retained by the Client and a general description of the Services." The firm has taken advantage of that clause to market its government work online.
When the officials in Miami-Dade objected to the confidentiality clause, Dua took a firm line: removing it "will be a show stopper on our end." Eventually Bradford allowed that the firm might budge, but only a little. McKinsey would consider letting county officials share its work product "with specific entities," he wrote in a markup of McKinsey's draft contract. But only "if we're able to define those entities and can attach guardrails to such disclosure." McKinsey insisted, in other words, that it should decide what the government could say — and to whom — about the advice it had been given.
As the project progressed, Moon's initial skepticism was borne out. There were non-intuitive and innovative recommendations among the "best practices" for reopening the county. But many of them were obvious or had already been suggested by county staffers: "install Plexiglass barriers between cashier and customer," for example. At times, it seemed as if the consultants were picking best practices at random: a slide on reopening construction sites recommended grouping workers into teams that not only work and eat together but "live" and "travel" together.
Myriam Marquez, communications director of the mayor of Miami-Dade County, didn't respond to a request for comment. McKinsey's statement noted that the firm's "work with Miami-Dade County was focused on sharing insights and observed practices from governments and businesses around the world, as leaders navigated the uncertainty of reopening major sectors of their economy."
In mid-May, Miami-Dade County issued its reopening plan, "The New Normal." The document, which stretched to 175 pages, was widely panned for its needless complexity, which sewed confusion among the public. The plan structured reopening around two overlapping schemes. Five different colored "flags" represented different phases of reopening. Separately, five "archetypes" — a McKinsey innovation, emails andproject documents show — grouped industry sectors and public spaces by how much human interaction they required: "can be performed remotely," "lower proximity" and so on. Yet the five flags and the five archetypes didn't align; one flag might cover two archetypes and vice versa. Imagine a stoplight where shapes have been added to the usual three-color scheme — a yellow square means something different from a yellow circle, which means something different from a red circle — and you'll start to get a sense for the confusion the systems provoked. As the Miami Herald put it, echoing the local reaction in Florida-appropriate terms: "They're just like the flags that lifeguards fly on their stands at the beach. Except more confusing."
Xavier Suarez, a longtime county commissioner and former mayor of Miami, didn't see what had been gained by pulling more than half a million dollars out of the county's pandemic-hit budget to hire McKinsey. "It just strikes me as a colossal waste of money," he told me. The firm's "archetypes" certainly hadn't added anything. "I remember reading about archetypes in psychology when we covered Carl Jung," Suarez said. "It sounds like just the right kind of" — and here he paused for effect — "sesquipedalian word a consultant would come up with to try and sound smarter than you."
Carlos Giménez, the mayor of Miami-Dade County and a political foe of Suarez, evidently came to agree. On June 19, his administration quietly posteda revised version of it. Notably scrubbed from the new "New Normal": McKinsey's archetypes. As of mid-July, COVID-19 cases continued to rise in Miami-Dade.
The busiest hospitals in Houston are increasingly telling emergency responders they cannot safely accept new patients as hundreds of coronavirus patients crowd emergency rooms, and hospitals scramble to open more intensive care space.
This article was first published on Friday, July 10, 2020 in ProPublica.
HOUSTON — Houston hospitals have been forced to treat hundreds of COVID-19 patients in their emergency rooms — sometimes for several hours or multiple days — as they scramble to open additional intensive care beds for the wave of seriously ill people streaming through their doors, according to internal numbers shared with NBC News and ProPublica.
At the same time, the region’s 12 busiest hospitals are increasingly telling emergency responders that they cannot safely accept new patients, at a rate nearly three times that of a year ago, according to data reviewed by reporters.
The increase in ambulance diversions, coupled with the spike in patients being held indefinitely in emergency rooms, are the latest indicators that Houston hospitals are straining to keep up with a surge of new coronavirus patients. ProPublica and NBC News have previously reported that a public hospital in Houston ran out of a medication to treat COVID-19 patients and that a spike in at-home deaths from cardiac arrest suggests that the death toll from the coronavirus may be higher than official statistics show.
On Thursday, 3,812 people were hospitalized with COVID-19 in the region, including more than 1,000 in intensive care units, a record since the pandemic began. At the same time, since Texas officials have not issued another stay-at-home order to slow the virus’s spread, hospitals are also still seeing a steady flow of patients in need of care as a result of car accidents, violent crime and heat-related medical emergencies.
Officials in Houston are warning that the situation could become a replay of what happened in New York City in March and April, when thousands of people died as hospitals struggled to keep up with the surge of patients, but without the same level of government intervention to stem the tide.
Typically when people arrive at a hospital emergency department, they’re evaluated and treated by the medical staff. Those sick or injured enough to require hospitalization are then moved to other areas of the hospital for specialized care. But increasingly in Houston, particularly for patients suffering from COVID-19, there’s nowhere for them to go.
“Normally that patient would just go to an ICU bed, but because there are no beds available, they continue to board in the emergency room,” said Harris Health System president and CEO Esmaeil Porsa, who oversees the city’s two public safety-net hospitals. “It is not an optimal level of care. This is not something we would choose to do. The only reason this is happening is because we are being forced to do it.”
Although hospital leaders say they are working to provide high-quality care for patients being held in emergency rooms — in part by bringing specialized medical staff and equipment to patients being treated there — studies done before the coronavirus pandemic show that the longer patients stay in ERs, the worse their outcomes.
ICUs and other hospital units are staffed with doctors, nurses and other support personnel who have specialized training and experience caring for critically ill patients in need of specific medical interventions, whereas the mission of emergency department medical workers is to quickly assess patients, stabilize them and get them to where they need to be.
“The problem is you can’t get them to where they need to be, and now it puts the ER doc in the position of having to function like the hospitalist or the intensive care doctor, and that’s not a role that we’re really supposed to be in,” said Dr. Cedric Dark, an emergency physician at Baylor College of Medicine in Houston. “The bad thing about having any patient boarded in the emergency department, regardless of the situation, is that it slows down the beginning of care for somebody who needs hospitalization, and the beginning of care for any medical condition is the most crucial period of time.”
The same scenario is playing out at hospitals across the Houston region.
A daily status report prepared Wednesday by the SouthEast Texas Regional Advisory Council, which coordinates the Houston region’s emergency medical response, showed multiple hospitals running out of immediately available nonsurgical ICU beds, including both of the city’s top-tier trauma centers, Ben Taub Hospital and Memorial Hermann’s flagship hospital in the Texas Medical Center.
As of Wednesday afternoon, about 145 patients were being held in emergency departments throughout the Memorial Hermann Health System, according to internal numbers provided separately by a Memorial Hermann physician and confirmed by a hospital executive. Several other Houston area hospitals have reported holding multiple patients in their ERs, including four with more than a dozen.
Dr. Jamie McCarthy, an executive vice president at Memorial Hermann Health System and an emergency room physician, acknowledged that the coronavirus crisis has forced his teams to hold more patients in ERs.
“All the hospitals are full,” McCarthy said. “All the hospitals in the city are boarding patients. We are expanding capacity, but we can’t turn those on immediately. It requires staffing. It requires nurses and doctors to come in. And so, as we’ve continued to expand our inpatient capacity, we’re just keeping up with the volume that’s coming in.”
It’s not unusual for a small number of patients to be held in ERs on busy days, especially during flu season, but three Houston ER physicians said they have never seen so many patients receiving prolonged care in emergency departments, or for such long periods of time.
Although treating patients in the ER for more than a few hours is “not ideal,” McCarthy said, Memorial Hermann has worked to mitigate the impact on patients by sending intensive care doctors and other specialists to emergency departments, to ensure patients are receiving quality care regardless of where they’re located.
But he warned that there’s a limit to what Houston hospitals can do to respond to the crisis.
“We are adding more capacity, but we are absolutely stretched now, and if it keeps going this way, we’re going to run out of room. We’re going to look like New York,” McCarthy said, emphasizing the need for Houston residents to stay home and avoid crowds to slow the virus’s spread.
One of Houston’s largest hospital systems, HCA Healthcare, also has been caring for dozens of COVID-19 patients in its emergency departments. In a statement, HCA spokeswoman Debra Burbridge said hospital officials have taken steps to reduce the impact on patients, including sending staff members who would normally be performing or assisting with elective surgeries — which have been suspended under an order by the governor — to treat patients with COVID-19.
Dr. Kusum Mathews, an assistant professor of critical care and emergency medicine at the Icahn School of Medicine at Mount Sinai in New York, said hospitals can take steps to reduce the risks of overcrowded ERs, including some of those described by Memorial Hermann and HCA officials.
Treating patients sickened by the virus “has outstripped every stretch of our imagination,” Mathews said. “We have had to put beds in hallways, double up patient rooms … just to allow for offloading the emergency department to get more patients in.”
While Houston’s top hospital executives have repeatedly said they can add hundreds of new intensive care beds to meet the demand, at least for the next couple of weeks, the number of patients being treated in emergency rooms demonstrates the difficulty of executing those plans in the midst of a rapidly growing crisis, officials say.
“Those things are not like a switch-key type of activity,” said Porsa, the Harris Health System CEO, noting that his hospitals have had to send patients to hospitals outside of Houston to make room. “The bottleneck to do that is really staffing. As you can imagine, ICU nurses are not a dime a dozen. They are very hard to come by, and it takes time to actually be able to do that.”
The logjam of patients being treated in ERs has also led to delayed emergency response times across the city, according to Houston Fire Department officials.
When hospitals get overloaded, they ask regional authorities to divert ambulances elsewhere. For example, Memorial Hermann’s northeast hospital was on diversion status just 2% of the time during an eight-day period in late June and early July last year; it was on diversion status 58% of the time during the same time period this year. At Houston’s busiest public hospital, Ben Taub, the number jumped to 81% from 58%.
The problem, said Houston Fire Department Assistant Chief Matt White, is that when every hospital is maxed out, ambulance crews have no choice but to take patients to emergency departments that are too busy to quickly receive them. And by law, hospitals must screen and stabilize any patient who arrives.
“When everyone is on diversion,” White said, “nobody is on diversion.”
Earlier coronavirus outbreaks inundated emergency rooms in New York City and Detroit, but lockdown orders in those cities led to fewer car accidents and a reduction in violent crime, freeing more space in ERs for COVID patients.
With most Texas businesses still open and no mandatory stay-at-home order, hospitals in Houston and other COVID-19 hot spots face the added challenge of making room for COVID patients while still dealing with a steady flow of patients seeking care for other medical emergencies.
And across the country, people with chronic health problems who delayed seeking care earlier in the pandemic are now showing up for treatment, taking up beds, said Dr. Marc Eckstein, medical director of the Los Angeles Fire Department and a professor of emergency medicine at Keck School of Medicine of the University of Southern California.
Despite these challenges, McCarthy, the Memorial Hermann executive, said it’s essential that people continue to come to the hospital for medical emergencies. He pointed to an NBC News and ProPublica report this week that showed a growing number of people are dying suddenly at home, before emergency responders can reach them.
“If a patient believes they have a serious medical issue, they still need to come to the emergency department,” McCarthy said. “We will make the capacity to take care of them. Delaying care for time-sensitive emergencies is time we don’t get back. If they wait to call for help when they are having a heart attack, it will be worse than if they come in early.”