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Coats, Bucshon, Brooks Ask Secretary Burwell to Terminate Second Evaluation of HIP 2.0

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 Senator Dan Coats (R-Ind.), Congressman Larry Bucshon (R-Ind.) and Congresswoman Susan W. Brooks (R-Ind.) sent a letter to Health and Human Services (HHS) Secretary Sylvia Burwell asking her to terminate a Centers for Medicare & Medicaid Services-led second evaluation of Indiana’s Healthy Indiana Plan (HIP) 2.0 waiver.

Under an agreement with HHS, Indiana must submit an interim evaluation of HIP 2.0 by mid-2016. The State of Indiana already has contracted with an independent consultant to perform this review. In the letter, Coats, Bucshon and Brooks say, “The State is using an independent evaluator, as has been the case during the HIP program’s entire eight-year history. This evaluation process has worked well in the past.”

 

The members also write that the second evaluation is “a highly unusual action that is duplicative of the effective process under which waiver programs like HIP have previously been evaluated. Furthermore, the selection of a known critic of HIP 2.0 as part of the CMS-led evaluation team calls into question the impartiality of this additional review. As a result, we urge you to terminate this additional CMS-led evaluation.”

Coats is a member of the Senate Finance Committee and Bucshon and Brooks are members of the House Energy & Commerce Committee. These committees have legislative jurisdiction over Medicaid.

 

The full text of the letter follows:

The Honorable Sylvia Burwell
Secretary of the Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201

Dear Secretary Burwell:

We write to express concern with the decision by the Centers for Medicare and Medicaid Services (CMS) to conduct a second evaluation of the Healthy Indiana Plan (HIP) 2.0 waiver. As noted by Indiana Governor Mike Pence in his letter to you of December 3, 2015, this is a highly unusual action that is duplicative of the effective process under which waiver programs like HIP have previously been evaluated. Furthermore, the selection of a known critic of HIP 2.0 as part of the CMS-led evaluation team calls into question the impartiality of this additional review.  As a result, we urge you to terminate this additional CMS-led evaluation.

As you know, the State of Indiana worked in good faith with CMS for over two years to reach an agreement on the expansion of Indiana’s homegrown, health savings account-based HIP program. It is our understanding that the agreement between CMS and the State calls for very detailed evaluation protocols, which are much more rigorous than those found in previous HIP waivers approved by CMS. The State is using an independent evaluator, as has been the case during the HIP program’s entire eight-year history. This evaluation process has worked well in the past.

We are concerned that CMS has now decided to alter the process by separately contracting for a second review of the HIP 2.0 program. To our knowledge, CMS is not singling out any other waiver in any other state for special review, and the agency has not conducted any such additional waiver reviews in well over a decade. In addition, the Urban Institute, part of CMS’s team of contractors, is on record having levied policy-based criticism against the HIP model prior to being selected as program evaluator. The demonstrated bias of the Urban Institute calls into question its ability to conduct a fair and impartial review the HIP program.

We are confident that any unbiased, empirical study of HIP 2.0 will confirm the value of its underlying model and the positive results it has produced for low-income Hoosiers. However, the second evaluation set in motion by CMS does not meet acceptable standards for evaluation and is duplicative of long-standing review practices. For these reasons, we respectfully request immediate termination of the CMS-led evaluation of the HIP 2.0 program.

Thank you for your prompt attention to this matter.

Sincerely,

 

Dan Coats

United States Senator

 

Larry Bucshon

Member of Congress

 

Susan W. Brooks

Member of Congress

 

USI Track & Field Opens Indoor Season Saturday

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 University of Southern Indiana Track & Field begins the 2016 indoor season Saturday at the Little Giant Invitational in Crawfordsville, Indiana.

Buoyed by the return of two national champions, the Screaming Eagles’ men were ranked No. 14 in the U.S. Track & Field and Cross Country Coaches’ Association Preseason Top 25 Computer Rankings. USI finished seventh at the NCAA Division II Indoor Championships a year ago when Tyler Pence (Springfield, Illinois) and Johnnie Guy (Palmyra, Indiana) finished first and second, respectively, in the 5,000 meters.

Pence, a senior this season, went on to win the national championship in the 10,000 meters during the outdoor season, ahead of Guy, who was second in the event after winning the national title in the 10,000 meters as a sophomore in 2014.

USI’s women will be led by sophomore distance runner Emily Roberts (Fredericktown, Ohio). Roberts is coming off a fifth-place finish at the NCAA II Cross Country Championships this past fall, tying her for the best finish in program history.

An All-American on the cross country course, Roberts earned All-Midwest Region honors in the 10,000 meters last spring after qualifying for the NCAA II Outdoor Championships. She posted a provisional time in the 5,000 meters during the indoor season last year.

The Little Giant Invitational is the first of seven regular-season meets that USI is schedule to compete in and the only regular-season meet that the Eagles’ will compete in as a full squad—USI will run split squads for the rest of the regular-season before reuniting for the Great Lakes Valley Conference Championships February 27-28.

 

Four Unanswered Goals Lead Short-Handed IceMen Past Rush

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(Trailing 2-0 early in the second period, Evansville scores four to topple Rapid City.

 

Scoring 1 2 3 Final
Rapid City 0 2 0 2
Evansville 0 3 1 4

 

Shots 1 2 3 Total
Rapid City 8 10 19 37
Evansville 11 13 6 30

 

  PP Penalties
Rapid City 0/5 2 for 4 minutes
Evansville 0/2 5 for 10 minutes

 

 

Records:  Evansville: 13-17-3-1; Rapid City: 16-14-2-1

 

Goalies:   RC – Battochio (L), 11-8-2-0, 26 saves

 EVN – Reichard (W), 3-2-0-0, 35 saves

 

Scoring:

1st Period: No Scoring

2nd Period:  1. RC – Scofield 1 (Gauthier, Stefanovich, 1:25); 2. RC – Barczuk 8 (Straight, 2:49); 3. EVN – Moon 7 (Wideman, Sims, 4:40); 4. EVN – Moon 8 (Dunn, Sims, 8:03); 5. EVN – Guptill 9 (Humphries, Leonard, 13:03)

3rd Period:  6. EVN – Leveille 16 (Wideman, Fawcett, 16:16)

 

EVANSVILLE, IN – The Evansville IceMen rallied from a 2-0 deficit early in the second period to topple the Rapid City Rush 4-2 Wednesday at the Ford Center.

 

A scoreless first period saw 19 combined shots, as IceMen goaltender Cody Reichard stopped all eight Rapid City attempts and Rush goalie Danny Battochio turned away 11 Evansville shots. Both teams received power plays in the opening frame, but neither managed to find the net.

 

The Rush quickly jumped out to a 2-0 lead in the first 2:49 of the second period. First Danick Gauthier set up Tyler Scofield who one-timed the shot past Reichard from low in the slot. Then Daniel Barczuk beat Reichard under the blocker on a breakaway 1:24 later.

 

Nathan Moon tallied two consecutive goals less than four minutes apart to tie the score 2-2 by the 8:03 mark. Moon tipped a shot from Alex Wideman that trickled past Battochio and over the goal line for the first Evansville goal. He then fooled Battochio with a quick wraparound goal to tie the game.

 

The IceMen jumped into the lead when Alex Guptill walked Rapid City’s last defenseman back and chipped the puck over the right shoulder of Battochio with 6:57 left in the second.

 

Reichard came up big in the third period in his first start since December 4. The Celina, OH native stopped 19 shots in the frame and 35 in the contest for his third win of the season. Battochio made 26 saves in the loss. Daultan Leveilleprovided an insurance goal with 3:44 to play after Wideman threaded a saucer pass right on to his tape in front of the net. The victory snapped a five-game winless streak and moved the IceMen within six points of the eighth playoff spot in the Western Conference.

 

Evansville next travels to Toledo Friday for a game against the Walleye at 7:15pm EST at the Huntington Center. The IceMen then return home Saturday for the team’s sixth annual STAR WARS Night against the Quad City Mallards at 7:15pm at the Ford Center.

 

Vanderburgh County Recent Booking Records

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SUCCESSFUL FIRST NIGHT OF VENUWORKS’ NEW SECURITY PROCESS

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Thousands of people headed downtown Thursday evening to either see the World Famous Harlem Globetrotters at Ford Center or funny man Brian Regan at the historic Victory Theatre. The traditional visit from the Harlem Globetrotters was particularly special as they are celebrating 90 years of providing smiles, sportsmanship and service to millions of people worldwide.

“I appreciate the media’s help in spreading the word of our new process, as most patrons seemed to come prepared. Both venues had guests thanking our staff for taking the extra step to ensure their safety,” stated Scott Schoenike, Executive Director of Ford Center and Victory Theatre.

A few helpful hints to prepare for your next Ford Center Visit:

ï‚· You do not need to remove your jacket, but have it unzipped and screened prior to entering facility
ï‚· The only items that need to be removed from your person are: large belt buckles, eyeglass cases, cameras and
cellphones.

 No backpacks are allowed and no purses or diapers bags can exceed 13”x13”x13.”

LETTER TO THE EDITOR OF THE CITY-COUNTY OBSERVER FROM LAURA BLACKBURN

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LETTER TO THE EDITOR OF THE CCO FROM LAURA BLACKBURN

I am writing this letter in the hopes that another writer will answer it with facts and logic that prove the statements I make here to be totally wrong. I have never wanted to look foolish before, but I would welcome it on the subject of the future of the local Democratic Party and the people who now hold office under the banner of my chosen political party.

On paper, we have a Republican Mayor and a City Council that has a 5 to 4 Democratic majority. It appears that we have a bipartisan balance among our elected leaders that should bode well for the public, but in reality we have a heavily Republican “rubber stamp” Council that will approve whatever the Mayor asks for.

It is clear that Missy Mosby, James Brinkmeyer, and Jonathon Weaver believe (rightly so) that they owe their political victories to Mayor Winnecke. We can’t forget that Dan Adams has a son serving on EPD under Winnecke minion and public embarrassment Chief Billy Bolin. That fact takes him out of the “free agent” category. Even City Clerk Laura Windhorst happily campaigned for Mayor Winnecke, although she owed her position as an incumbent directly to the Democratic Party Central Committee. The loyalties of Democratic Chairman Rob Faulkner are clear, too. He already got a dose of the karma he earned when he was passed over for the contract to be the new City Council attorney in favor of the Warrick County Republican Party Treasurer, Josh Claybourn. That pretty much leaves Fourth Ward Councilwoman Connie Robinson sitting all alone on the Democrat bench.

While I count Connie Robinson as a friend and I have a lot of respect for the hard work and dedication she has shown for her constituents, it is truly ironic that her decision to support Lloyd Winnecke over the late Rick Davis in 2011 is what has placed her in the unenviable position she now occupies. I believe that Mrs. Robinson’s dedication to giving a voice to the Central City residents is probably what led her to decide to support Winnecke in exchange for his promises to bring more development and jobs to the Fourth Ward. The retail and hospitality minimum wage jobs that our Mayor seems to think are good enough for the people of the downtown area have yet to materialize, while many millions of dollars have been spent to enhance the “high end” part of downtown. Needless to say, the gentrification of the Fourth Ward is a priority of the Winnecke administration, regardless of what he and his wife, Realtor Carol McClintock, tell us. Home is where the money is, after all.

The bottom line is, I believe, is that our Mayor has succeeded in crippling the Vanderburgh County Democratic Party for at least a decade to come. The 60% plus plurality of Winnecke’s 2015 victory paves the way for him to be a state-wide “mover and shaker” and will make any state or national Democratic candidates that would have had an interest in seeking support from this area think twice before making a stop here. Make no mistake about it, the mild-mannered, immaculately groomed, smiling little guy who is our Mayor is a political shark, and the taxpayers are his feeder-fish. We got what we deserve.

Sadly and sincerely,
Laura Blackburn

RYAN HATFIELD OFFICIALLY FILES CANDIDACY FOR INDIANA STATE REPRESENTATIVE, DISTRICT 77

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HATFIELD TO PRESENT VISION FOR INDIANA AT RALLY TONIGHT AT 5PM AT FOP

Indianapolis, IN – Today, Ryan Hatfield, local attorney and deputy prosecutor, officially filed his candidacy for the Democratic nomination for Indiana State Representative, District 77.

Full Statement:

Today, with my family and friends, I officially filed to be a candidate for the Democratic nomination for Indiana State Representative, District 77. As State Representative, I will serve the people of Evansville as a servant leader, putting the needs and desires of Hoosiers before all else. Servant leadership requires you listen before you act. I will listen to the people of Evansville and serve them in our State capitol.

Join me tonight as I lay out my vision for Evansville and for Indiana at the campaign kick-off rally at the Evansville FOP at 5pm.

Ryan Hatfield is a local attorney and Deputy Prosecutor in Vanderburgh County. Currently, Ryan prosecutes felony sex crimes. Ryan is also an Adjunct Professor at Ivy Tech Community College and community volunteer.

MEET CORONER CANIDATE STEVE LOCKYEAR

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The City- County Observer recently contacted Chief Deputy Vanderburgh County Coroner Steve Lockyear for comments on his decision to seek the head position in the office where he has served as Chief Deputy for the past seven years. Steve enjoys a great popularity not only with law enforcement but also with people in the community.  Mr. Lockyear is know for his strong work ethics and professional demeaner.

We thought we would allow Mr. Lockyear to tell us why he wants to run for the position of Vanderburgh County Coroner in the 2016 General election.

Here is his response, which we offer without comment, bias, or editing.

The reason for my filing for the Office of Coroner is the opportunity to continue to serve this community. This is something that I have been blessed with the opportunity to do the majority of my adult life, beginning with more than 24 years with the Vanderburgh County Sheriff’s Office to my current position as Chief Deputy Coroner. Public service is something that was important part of my upbringing and was considered an honor.
Seven years ago I was approached by Coroner Annie Groves to take the position of Chief Deputy Coroner. I was honored to be able to assume this position. The Coroner’s Office investigates deaths that are suspicious in nature and which are not from natural disease. Annually over 2000 people die in Vanderburgh County. Of those, approximately 350 become Coroner’s cases.

Those typically include homicides, motor vehicle accidents and suicides. There are 2 trauma centers here in Evansville, which draw victims from a 3 state area here for treatment. If those victims die here, they become cases for the Vanderburgh County Coroner’s Office, even though the initial incident may have taken place in another state and more than 100 miles away. This requires me to be familiar with state laws in numerous states. Through my over 30 years’ experience I have developed relationships with a majority of the Law Enforcement agencies in the area. When families are confronted with what is most likely the worst day in their lives, it is important for the coroner to compassionately guide them through the maze of government agencies. This also includes the court system where I have testified in and assisted in prosecutions in countless trials.

There are several public health concerns that I have been actively involved in combating. I have been involved for many years and continue to serve on the Child Fatality Death Review Board. This board reviews all child deaths and makes recommendations as to how prevent these deaths. Suicide prevention has been a topic of focus. I am currently a member of the Suicide Prevention Coalition. This group provides prevention education and treatment referrals in this area. This group is doing everything it can to change the stigma of mental illness and encourage people to seek treatment before making the decision to attempt suicide. I am currently assisting the University of Southern Indiana in a grant application for a new program to prevent suicides among university students. The program brings exciting opportunities to utilize modern methods of communication to reach those in need.

The occurrence of drug overdoses continues to plague this community. The abuse of prescription medication and now the introduction of Heroin are the leading causes of death in this community and nationally causing more deaths than auto accidents. I have previously and continue to be involved in disaster preparedness. This involves preparing for and responding to both natural and man-made disasters. Finally, I am involved in preparedness for any highly contagious disease outbreaks that could threaten this community. The coroner’s office does not just respond to deaths but is actively involved in the prevention of these in the first place.

Finally, I have learned a lot about our human nature when responding to recent disasters such as the C-130 plane crash at JoJo’s and the Drury Inn and the tornado that struck the East Park Trailer Park. These disasters really test people and both incidents proved how caring our community can be. I was greatly moved at the tornado disaster because I was approached by dozens of people not asking for help, but instead asking how they could help. This shows the willingness of our citizens to assist their neighbors, and gives me great pride in our community.

USI Baseball Signs With Majestic

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EVANSVILLE, Ind. — The University of Southern Indiana has entered into a three-year agreement with Majestic Athletic to be the official uniform for the Screaming Eagles baseball program. The contract is slated to run from the 2015-16 through 2017-18 academic years.

Majestic, the on-field partner and uniform supplier to all 30 Major League Baseball franchises, expands its presence in the collegiate market by selecting USI as one of its flagships schools to wear its uniforms. “We are thrilled to be part of the Majestic family,” said USI Head Coach Tracy Archuleta. “Majestic is the premier provider of quality baseball apparel. This is an enormous impact for USI Baseball, coaches and our student-athletes.”

“This is exciting as one of the finest collegiate baseball programs in the country is partnering with one of the finest suppliers of baseball uniforms/apparel in the world,” said USI Director of Athletics Jon Mark Hall. “Majestic is worn by the professionals for a reason and we are happy that our student-athletes will be competing in their high quality products.”

Majestic is the leader in developing unmatched performance in the baseball and training apparel market. Majestic also customizes designs to reflect the unique passion of each team’s fan base.

Ryan Pugh, Senior Brand Manager of Team Majestic said, “Majestic is excited to partner with USI Baseball to not only showcase our uniforms and apparel, but partner at a level where we can provide even more value to USI Baseball. This integrated partnership approach provides USI’s players and coaches the superior fit, quality and performance we provide the best players in the game.”

Majestic is the only uniform to be worn at every level of baseball, from youth leagues to Major League Baseball.  Majestic offers full service uniform solutions, from uniforms featuring MLB team logos as the exclusive “Team MLB” apparel licensee, to MLB Authentic Collection On-Field outerwear and fleece, as well as authentic jerseys and pants. Visit Majestic online at Majesticathletic.com, or follow them on Twitter and Facebook @TeamMajestic, and Instagram @teammajestic_baseball.

USI Baseball, which has won a pair of NCAA Division II National Championships since 2010 and made three appearances in the NCAA II Baseball Finals since 2007, will make its debut in the new Majestic uniforms February 19 when it hosts Grand Valley State University at the USI Baseball Field.

Munster Cardiologist’s Practice Faces Some 300 Medical Malpractice Complaints

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Dave Stafford for www.theindianalawyer.com

Nearly 300 people have accused a prolific Munster heart doctor of malpractice for implanting pacemakers or defibrillators they didn’t need and routinely scheduling unnecessary procedures, among other allegations.

The sweeping claims against Dr. Arvind Gandhi and other practitioners at Cardiology Associates of Northwest Indiana could take years to unwind, and they may change the calculus that sets surcharges physicians pay to the Indiana Patient’s Compensation Fund. That fund covers malpractice claims beyond practitioners’ insurance limit of $250,000, up to the statutory cap of $1.25 million.

The first verdict came Dec. 8, when a Lake Superior Court jury ruled against Gandhi, awarding Shannon Greer $450,000. Her late husband, Ken Greer, died after the doctor treated him for an infected pacemaker.

gloria-sargent-david-cutshaw-15col.jpg Gloria Sargent of Griffith discusses her malpractice claims against Dr. Arvind Gandhi at a news conference in May 2014 as attorney David Cutshaw looks on. Sargent’s claim is scheduled to go to trial early next year. (Photo courtesy Times of Northwest Indiana/John Watkins)

Two more malpractice cases have cleared medical review panels, each with findings of malpractice, and those cases are scheduled for trial early next year. Another roughly 170 cases naming Gandhi, and in some cases his associates, have been submitted to medical review panels. Many cases also name Community Hospital of Munster as a defendant.

gandhi-dr-arvind-mug.jpgGandhi (Photo courtesy Times of Northwest Indiana/Tony V. Martin)

“We believe we have ample evidence to show Community Hospital was acting in concert with the doctors, and that the hospital was putting profits ahead of patient safety by allowing doctors to do things they were not qualified to do,” said attorney Barry Rooth of the Merrillville firm Theodoros & Rooth P.C. His firm, Cohen & Malad P.C. in Indianapolis, and the Law Office of Paul Rossi LLC in Lowell represent plaintiffs, who lawyers say now number more than 290.

Lawyers for Gandhi, who retired last year, and the hospital deny the malpractice allegations or that Community improperly permitted doctors to perform procedures. Attorneys at Eichhorn & Eichhorn LLP in Hammond represent Gandhi’s insurer and declined to comment on the Greer verdict or whether it would be appealed.

Community “strongly denies the allegation that the hospital was ‘aware’ of unnecessary procedures performed by Dr. Gandhi” or that he lacked credentials to perform cardiac procedures, said Marie Forszt, director of marketing and community relations for the hospital. “Dr. Gandhi, a board-certified interventional cardiologist, met the credentialing requirements established by the hospital through its medical staff for the various procedures performed.”

RoothRooth

Gandhi has been under investigation since at least 2008, when a former nurse and doctor at Community filed a whistleblower suit alleging unnecessary implants of pacemakers and defibrillators, violations of the False Claims Act, and Medicare fraud. Community said the federal investigation concluded with a settlement and no findings against the hospital.

Rooth, though, said plaintiffs’ medical records show doctors in the practice routinely performed unneeded procedures, sometimes scheduling patients for invasive procedures such as angiograms every six months. In one case, he said a patient was given 21 scheduled angiograms over a period of years. “There is no such thing as a routine angiogram,” Rooth said.

Because of the nature of the cases, he said many contain 15 or more instances of alleged malpractice.

Kirk Pinkerton, an attorney with Hinshaw & Culbertson LLP in Schererville, represents Gandhi. “His position consistently has been whatever procedures he performed were medically necessary and justified and with a view to improving the patient’s health and quality of life,” Pinkerton said.

“In the cases we’ve reviewed, the medical necessity for the procedure was warranted, and I think it’s a lot of people trying to get on the bandwagon who think they can get some easy money, which it’s not going to be,” he said.

But Cohen & Malad attorney David Cutshaw said the records show it was Gandhi who appeared to be putting money first. “Going through all these records just makes you angry he’s doing this to people,” Cutshaw said. The cost of some unnecessarily implanted devices compares with the price of new cars, he said, and patients were wrongly exposed to risk, pain and injury from procedures doctors ordered without cause or against professional guidelines.

“The expense, the inconvenience, and having a device in your body you don’t need, obviously that’s a reminder every day,” he said. “There are all kinds of conditions we’re seeing and looking at as we’re going through these cases.” He noted there’s developing evidence to show cardiac rhythm therapy devices implanted unnecessarily may worsen heart conditions or cause heart failure.

Cutshaw said a doctor who reviewed 12 defibrillators implanted by Gandhi found seven of the procedures were unnecessary. “The doctors up there reported him through proper channels to the hospital, and nothing happened,” he said.

Forszt disputes that. “The plaintiff attorneys continue to allege that the hospital somehow knew that Dr. Gandhi performed medically unnecessary procedures and allowed him to do so. This is simply not true.”

The cases, dating as far back as to 2004, are unique, she said, and each will require independent medical review. She also noted that in the two pending cases in which medical review boards found malpractice, the panels found the hospital did not breach the standard of care.

Cutshaw said attorneys reported their discovery findings regarding Gandhi’s practice to the Indiana Attorney General’s Office, which he said referred the matter to Medicaid fraud investigators. Spokesman Bryan Corbin said the AG’s office could not confirm whether providers are under investigation, but there currently are no Medicaid fraud cases involving Gandhi.

The plaintiff firms in these cases previously represented patients of another Lake County doctor who was accused of hundreds of acts of malpractice, former “nose doctor” Mark Weinberger. Following a federal sentence on 22 counts of health care fraud, Weinberger is living in Florida on supervised probation. Attorneys won a $55 million settlement against Weinberger’s insurers on behalf of 282 malpractice clients.

Tina Korty, general counsel for the Indiana Department of Insurance, said it’s too soon to forecast the Patient’s Compensation Fund’s eventual liability due to Gandhi-related cases. But an expected result is higher future surcharges on health care professionals.

Korty said as a result of past multiple claims the PCF paid on behalf of single providers or entities, actuaries contracted by the state are adding multiple-claim events as a factor used to set rates various practitioners pay.

In addition to potential claims from Gandhi, the fund has dealt with claims resulting from Weinberger’s cases, and in the 1990s, those linked to Orville Lynn Majors. The former Vermillion County Hospital nurse was convicted of murdering six patients under his care and is serving a 360-year sentence in Indiana State Prison.

“It seems the potential is there for these to continue to pop up with the Patient’s Compensation Fund,” Korty said of multiple-claim events. While the PCF has yet to pay any claims connected with the Gandhi cases, it will pay $200,000 of the Greer judgment if that verdict is finalized.

“We’re probably a couple of years from getting a real idea what the medical review panels think about these cases,” Korty said. “It’s so early, a lot of the details are just not there yet.”

She noted it typically takes about five to seven years for a medical malpractice judgment to be rendered from the time a notice of complaint is filed.•