You have got to be kidding me! Well, you could be kidding me or you could be kidding me. Or us.
The leadership of the Albany County Legislature has rushed past feckless to either a clumsy attempt at deception or a really slick effort at self-defeat. Or perhaps they really can’t see past the next step.
One perspective: Shawn Morse and the Albany County Legislative Leadership are fumbling and desperate. As so often happens in such circumstances, one blunder leads to another, “Oh! what a tangled web we weave When first we practice to deceive!”
Or another perspective: Shawn Morse and the Albany County Legislative Leadership are really subtle. They now realize that they’re on the verge of a catastrophic financial error and by grossly and repeatedly over-promising a new nursing home, as well as deceiving their own colleagues, they’ve already made a catastrophic political error. So by disowning their own numbers and attacking the very State agency, public officials (including not incidentally the Commissioner of Health, and by implication the Governor) and private citizens who must approve a new nursing home, they are increasing the odds that the State will deny their application, simultaneously taking them off the hook and giving them someone else to blame.
Or another perspective: Shawn Morse and the Albany County Legislative Leadership really believe what they’re saying. Then Morse and his allies are even more inattentive to what’s necessary to get things done and even more clumsy than we thought. Whatever the case, they’re even more likely to get the same result as above, namely rejection or financial disaster.
Whatever the reason, by disowning the financial projections and by saying that the projections are false, Shawn Morse and the leadership of the Albany County Legislature have just about guaranteed that their certificate of need application to build a new nursing home will be disapproved.
The Albany County Legislature submitted paperwork to New York State projecting that a new nursing home would lose over $26.5 million per year. The $26 million was prepared by their consultants, reviewed and approved by their Nursing Home Facilities Committee, signed by their Chairman and submitted by them to the New York State Health Department. Had they not included a projection, the Department would not even have begun a review of the application. But they did. And that projection was for revenue of $24,327,915 against annual expenditures of $50,813,787 for an annual loss of $(26,485,872.00) (-52.1%).
Being of sound minds, the State questioned whether they really wanted to go ahead with such an expensive project, especially in light of the property tax cap. Instead of answering the question honestly, on the floor of the Legislature this past week, they denied the numbers were correct; they denied where they came from; they even denied knowing about them.
And yesterday, claiming their own numbers to be the State’s rather than their own, they said the numbers were “simply false.” And then they tried a very clumsy deception not by dealing with projections or offering concrete ideas on how they would reduce the losses, but with data from several recent years. The State is asking a question about projections. They answer by pointing in a different direction, namely backwards. Hey guys, projections are about the future. Your numbers are about the past. Didn’t you notice? Didn’t you think we might notice?
And in saying that the numbers are “simply false,” Shawn Morse, the Chairman of the Albany County Legislature has said that the certificate of need application submitted by the County itself is false. Thus, the State Department of Health no longer has a valid application in front of it. It has two choices, rejecting the application either because it has been falsified or rejecting it because the County’s governing body has not made the necessary (though hollow) commitment required to meet the financial feasibility test required by the Public Health Law. At an absolute minimum, the Department would have to return the application back to the County to start over. Were it to do so, it would need to subject any new application to exceptional scrutiny.
Albany County’s application is not on the next agenda of the State Public Health and Health Planning Council, probably because the State did not receive a timely response to its request. Now it doesn’t make any difference because the Chairman of the Legislature has said that the application the County submitted to the State was and is “false.”
At a minimum, it’s a two month delay. Alternatively, it’s a much longer delay or an outright rejection.
Here are a couple theories about what Morse and his colleagues are actually doing:
- Trying to sandbag the whole effort to build a new nursing home so they can blame the State. Think that’s unlikely? More than one member of the Legislature and someone’s who’s been deep in the middle of the nursing home debate has said privately he would be just as happy if the State rejects the application. He will have been a hero to Nursing Home employees and someone else will get the blame. He’ll even have more opportunities to grandstand!
- Having arrived at school without their homework, they’re trying to confuse things or compounding one set of lies with another.
- They truly are that inattentive and/or don’t understand what’s happening outside their narrow little universes. One leading Legislator told me a couple years ago, he never even reads the budget summary, much less the budget. Why should we expect him to read any background material on a $70 million capital project?
- They are paying attention, but they don’t understand. (Was that worded generously enough?)
Clearly they haven’t done their homework and now they’re caught. So at a minimum, we’re seeing pervasive carelessness followed by attempts to shift attention elsewhere. But why are they doubling down now?
Clearly, they’re desperate enough to be attacking the very organization and people whose approval they need to actually proceed with a new nursing home.
And clearly, at least one of these characters is such an incompetent blowhard that it’s really hard to tell whether he remembers what he’s said from one minute to the next.
But the patterns are getting very regular and very pervasive.
Whatever the reason, the Albany County Legislature is becoming a laughingstock. Either the leadership is lying and it knows it or it’s lying and it doesn’t know it.
Now to the specifics. Here’s a press release that Shawn Morse, the Chairman of the Albany County Legislature issued today:
FOR IMMEDIATE RELEASE
Albany County Legislative Leaders Say State’s Numbers on Nursing Home Inaccurate
MARCH 19th 2011 (Albany, NY) Albany County Legislative Chairman Shawn Morse, along with Majority Leader Frank Commisso and Deputy Majority Leader Sean Ward are disputing a recent claim by the New York State Department of Health that the Albany County Nursing Home has an annual operating deficit of 26.3 million dollars.
The claim was made by Charles Abel, the Deputy Director of the New York State Department of Health’s Facility Planning in a letter to the Legislature.
According to Legislative Chairman Shawn Morse, the State’s numbers do not accurately reflect the County’s annual contribution to the operation of the nursing home. “The numbers from the State are simply false,” said Morse. “The fact of the matter is this. We have applied for a certificate of need with the State to construct a new nursing home. We believe that a state of the art facility will not only save the taxpayers of Albany County in the annual contribution rates, but also provide a vital service to our seniors, many of which have no place else to go for care.”
According to the Legislature, County contribution rates to the nursing home over the last four years are as follows; 10.4 million in 2009, 12.3 million in 2010, 11.9 million in 2011 and 7.2 million for 2012.
Morse says that while an A to Z overhaul of the nursing home is needed, the County should not relinquish its duty to those seniors most in need. “We have a duty as a County government to make sure that those seniors who need a high level of care, a level of care they may not be able to receive anywhere else, receive that care and keep them close to their families.”
Legislative leaders believe that with a new facility, the county contribution to the nursing home could be reduced up to 3 million dollars.
For more information, contact Chairman Shawn Morse: 518-447-5695
Morse’s letter was a response to the letter sent in January by the State Department of Health. Did Morse really need a week after the legislative debate on the very same letter letter to actually prepare a response, however misleading? Or is he responding to the fact that he and his colleagues got caught?
In its entirety, here is the letter sent by the New York State Department of Health to Albany County’s County Executive. It was subsequently transmitted to the County Legislature, by Michael Perrin, the Deputy County Executive
January 26, 2012
Mr. Daniel P. McCoy
Albany County Executive
112 State Street, Room 200
Albany, New York 12207
Re: Project # 102376 Albany County Nursing Home – Construct a 200 bed replacement facility and certify a 30 slot adult day health care program
Dear Mr. McCoy:
The Certificate of Need application (CON) noted above is under review by the New York State Department of Health. The project was advanced to the November 17, 2011 meeting of the Public Health and Health Planning Council’s (PHHPC) Committee on Establishment and Project Review. At that meeting, Committee members questioned the financial feasibility of this project given the substantial operating deficits, the Department’s imminent release of a new nursing home pricing rate methodology, and the two percent property tax cap legislation. Based upon these factors, the Council deferred the project from the PHHPC agenda to allow the County time top reassess the project.
The new rate methodology has now been released and an examination of the Albany County Nursing Home’s CON budget, adjusted for projected rates, shows an projected annual operating deficit of $26,316,572. With the incremental revenue produced from the adult day health care program, the combined operational loss is projected to be $26,266,769. Obviously the loss will have to be addressed by Albany County. Before the Department again advances this project to the PHHPC for its consideration, we are requesting your written commitment to meet the projected financial deficits for this nursing home project, recognizing that the two percent property tax cap presents a significant challenge to the financing of the facility.
If you have any questions, you can reach me at (518) 402-0967
Sincerely,
Charles P. Abel
Acting Director
Division of Health Facility Planning
My bet? Nah, these guys don’t know subtle. They may be able to bully some people but they can’t bully facts. They can’t bully reality. They’ve created a mess for themselves and they tried desperately to get out. But in doing so, they undercut their own application. Of course, that’s not to say that they wouldn’t be relieved were the State to take them off the hook.
And by the way, you can bet heavily that the numbers Morse used do not count over $4.25 million buried in the budget of the County Department of Social Services for both 2011 and 2012 that is there for one reason and one reason only. That’s to buy extra reimbursement and reduce the loss at the Nursing Home.
Boy, was my first post of the week on target. Political language is designed to make lies sound truthful …
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Albany County,
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Nursing Home,
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