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County, ETMC settle lawsuit
By Pearl Cantrell and Michael Hannigan
Monitor Staff Writers
ATHENS–Henderson County Commissioners accepted a
settlement agreement with East Texas Medical Center Regional Healthcare
System Tuesday, just one day before ETMC and the county were scheduled
to appear before a federal judge.
While details of the agreement cannot officially be released until all
parties sign and the court publishes the settlement, county officials
seemed pleased.
“I’ve been looking for this day for a year and a half,” Precinct 4
Commissioner Jerry West said as he seconded the motion.
“It provides the county with indigent health care program with the least
amount of expense, and insures the basis for a healthy relationship
between ETMC and the county,” Precinct 2 Commissioner Wade McKinney
said.
ETMC attorney Dean Davis could not be reached for comment before
presstime Tuesday.
The settlement brings to an end a sometimes-ugly battle which began with
a letter by County Attorney James Owen. In that November 2004 letter,
Owen wrote that ETMC Athens was in contractual default with the
Henderson County Hospital Authority Board on two issues: malpractice
insurance and indigent health obligations.
After much arguing back and forth and the reconstitution of the
Authority Board in March 2006, ETMC filed suit against the county in
United States District Court.
In its annual report earlier this year, the Authority Board described
the reason for the lawsuit as “[ETMC’s] inability to allow threat of
confiscation of all their medical facilities in Henderson County, and
various other actions, to remain unresolved.”
Pretrial motions in that lawsuit were scheduled to begin in Tyler
Wednesday, Henderson County Judge David Holstein told The Monitor.
“I was anticipating going to court,” he said. “It was a long shot that
we’d have an agreement,” he said.
According to Owen, ETMC had asked to postpone the trial until April
2008, and the county agreed. The judge in the case, however, denied the
motion and set the trial, Owen said
That decision reignited the negotiations.
“I didn’t know we had an agreement until 5 p.m. Monday,” Holstein said.
Owen and Holstein, who were both personally named in the lawsuit, said
the deal could be worth as much as $800 million in saved indigent health
care costs over the course of the 60-year agreement.
Each year, the county has paid for what it considers indigent health
care from inmate health care, indigent care through other than the
hospital, and through county residents getting indigent care outside the
county. All that added up to $165,000 in 2006, Holstein said.
Those expenses will now be paid by ETMC through the annual state tobacco
settlement funds, as stipulated in the settlement.
With medical care inflation costs rising about 9 percent a year factored
into all the money that is saved over 60 years and add 5 percent growth
for investment – it’s close to a billion dollars.
“The settlement resolves the controversy and commits ETMC to serve the
indigent population of this county for the long term,” Owen said.
The original 1967 agreement with ETMC had the intent of relieving the
county of the cost of indigent health care, including physician
services, which back then were handled by the hospital, Holstein
explained.
“The intent of that agreement has been restored,” he said.
The Hospital Authority Board – which was also named in the lawsuit –
meets at 3 p.m. Thursday (today) at ETMC Athens to consider the
agreement.
A second future-building action was taken following the closed executive
session. Commissioners approved an option to purchase a 44.3 -acre tract
one mile north of the jail inside Loop 7 and adjacent to Athens Steel.
The county has 60 days to finalize the purchase.
“With the growing population in the county and the government’s need to
grow with it, this action takes us one step forward in procuring a
successful future,” Holstein said.
Precinct 3 Commissioner Ronny Lawrence was recognized for seeking out
suitable property.
The commissioners approved two checks to be issued Tuesday: one for
$2,500 to buy the option from the Sarah Alice Cox Family Trust and a
second one for $5,000 as earnest money to the escrow company.
Commissioners hear air quality rule
changes
By Barbara Gartman
Monitor Staff Writer
KAUFMAN–Facing problems with air pollution and how to
reduce the vehicle emissions of nitrogen oxide, the 80th Texas
Legislature made some changes and extended other policies.
Monday, Jason Brown, Air Quality Operations Coordinator with North
Central Texas Council of Governments, presented a report on the recent
changes to Kaufman County Commissioners.
The Texas Emissions Reduction Plan (TERP) was extended to 2013 with
funding increases. A public hearing on the matter is set for 2 p.m.
Tuesday, Sept. 11, Brown said.
Senate Bill 12, passed by the State Legislature expands areas eligible
for TERP funding.
It also requires the Texas Commission on Environmental Quality (TCEQ) to
look into the feasibility of Internet-based application for rebate
grants, as well as to contract with a Houston higher education facility
to implement and administer new technology, Brown reported.
TERP funding for fiscal year 2008 is $73,403.322, and for FY 2009 is
$148, 572,122.
Another avenue, the Low Income Repair and Replacement Assistance Program
(LIRAP), offers financial help to individuals with a vehicle that will
not pass the emissions inspection, Brown said.
Qualifying income levels are 300 percent of poverty level, allowing a
family of four to net $61,950 and still qualify, he added.
LIRAP allows for the replacement of an older vehicle, not to exceed
$25,000.
These vehicles must be at least 10 years old, but it is not necessary
for it to have failed the emissions test.
Citizens can call (817) 704-2514 for information on the LIRAP program.
In other business, commissioners:
• tabled action to place the county under a burn ban.
County Judge Wayne Gent reported a call from Fire Marshal Larry Ewing,
who said the action was not necessary, as the drought index number
remained low.
Gent said the item will remain on the agenda each week in case the
number rises.
• approved putting a 30 mph speed limit sign on Taylor Ranch Loop in
Precinct 4, as well as placing a “No Through Trucks” sign on County Road
4102 in Precinct 4.
A public hearing was called for each individual item.
• approved an emergency budget change of $40,000 for the tax assessor’s
office.
Tax assessor/collector Dick Murphey planned to purchase needed voting
equipment for upcoming elections, but technology director George York
said he needed additional time to get the equipment set up and run the
necessary tests on it.
• approved a request from purchasing agent Jack Sabastian to advertise
for bids for the installation of a concrete pad for the auto impound
department.
Bidding will close Friday, Sept. 14, and bids received will be opened at
10 a.m. Monday, Sept. 17.
• renewed the contract with Safeguard Imaging Solutions, a state CISV
vendor, for indexing and imaging for the county clerk’s office.
The cost, paid for with return investment funds, totals $238,990.34.
• renewed the annual contract for HVAC services as presented by
Sabastian.
• purchased property as presented at 503 Cabell St. Kaufman, adjacent to
the Precinct 1 storage facility.
• approved the request from Embarq to install buried communications
equipment along the right-of-way of CR 4070 in Precinct 4.
• extended the contract term with Combine Mechanical with the TCEQ
regarding the funding of the AirCheck Texas Repair and Replacement
Assistance Program.
• approved budget transfers as presented by auditor Hal D. Jones.
• paid bills totaling $178,750.58.
Get along, little buckaroo
Monitor Photo/Kerry Yancey
 Accompanied
by mom Dusty Pittman and leader Payton Collins of Athens, 19-month-old
Rustin Pittman of Malakoff works through the barrels during a benefit
playday for Kerens High School student Kirby Jackson at Mabank’s Andrew
Gibbs Rodeo Arena Saturday.
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