CHCC board seeks clarification from Medicare

Worried that a recent resolution would negatively impact the upcoming recertification of the Commonwealth Health Center, the Commonwealth Healthcare Corp. board of trustees sent a letter to the U.S. Centers for Medicare and Medicaid Services to seek clarification.

CHCC board chair Joaquin Torres wrote Rufus Arther, CMS director for hospital and community care operations, clarifying the content and intent of Board Resolution 2014-02 that deals with credentialing of staff.

Torres stated that majority of board members had requested that he seek clarification about CMS’ concerns over the resolution, a copy of which was provided to Arther.

“Please allow me to state at the outset that it has never been our intention to violate any of the Conditions of Participation or take any action that would in any way jeopardize Commonwealth Healthcare Corp.’s recertification and the renewal of the Provider’s Agreement,” stated Torres’ May 26 letter. “You will agree, I am sure, after reading the resolution that the main focus of the board when it adopted the resolution was the grant of ‘due process’ to Dr. [Grant] Walker.”

According to Torres’ letter, Walker was denied due process when he was terminated in violation of the due process and equal protection clauses of the U.S. and CNMI Constitutions. He said that CHCC’s Medical Staff bylaws was also violated.

“Board Resolution No. 2014-02A would not have been considered by the board had the governing body complied with applicable provisions of the CNMI Constitution, laws, and CHCC Medical Staff bylaws. The board has never attempted to influence or interfere with the credentialing of medical staff; we simply want the governing body to comply with the Constitution, laws, and CHCC Medical Staff bylaws,” Torres pointed out.

Torres added in the letter that “it would be extremely helpful if you could explain to us how Board Resolution 2014-02A violates the CMS Conditions of Participation and how this violation could jeopardize recertification so that we can take immediate corrective action.”

Torres confirmed yesterday that they have yet to obtain a response from the CMS official.

BR 2014-02 requests the CEO to issue within 10 days a 90-day medical privilege to Walker or show cause why the physician should not be granted the privilege.