NORTON — The Norton Police Department has been named a recipient of a $48,000, Bryne Justice Administration Grant for updating and improving the department’s current records management system.
The money will be spent on a new server and migration of records from the old records system to the new system. Every officer will also receive a mobile data terminal, which will enable them to do reports in the field.
“More importantly, the new records system will allow the Norton Police Department to interface with numerous law enforcement agencies across the state of Kansas,” NPD Chief Gerry Cullumber said in a news release. “Having this inter-agency compatibility allows the tracking of real time criminal activity while aiding with the criminal apprehension of suspects. It will also allow for the exchange of criminal information between law enforcement agencies utilizing the same records system.”
The system is expected to be in place May 1.
“The citizens of Norton should be proud of their police department as no other agency in the region will possess the technology and information available with the adopted system,” Cullumber said. “Being able to provide this will aid the department with retention and recruitment of officers.”
SadikovThe Overland Park Orchestra’s Winter Concert will feature pianist Qi Qi performing Tchaikovsky’s Piano Concerto #1 on Saturday, Feb. 23, at 7:30 p.m. at Atonement Lutheran Church, 9948 Metcalf, Overland Park.
Music Director Shah Sadikov will lead the orchestra in Beethoven’s Symphony #6, “Pastoral,” as well. The free public concert is sponsored by the City of Overland Park.
Sadikov is currently Assistant Professor of Violin and Viola at Fort Hays State University in Hays, where he is also Music Director of the Hays Symphony Orchestra.
Qi Qi was born in GuangZhou, China. Currently, she studies with Stanislav Ioudenitch at Young Artist Music Academy International and attends Barstow School in Kansas City. She began playing the piano at age five, and in 2014 was admitted to the Central Conservatory of Music Middle School in Beijing, where she studied with Professor Dan Shao and Jin Zhang. She won the First Prize in the Hong Kong International Invitation Piano Competition, and the Open Piano Competition in Guangzhou.
Over the years, Qi has attended the Lake Como Summer Piano Academy, Minnesota International Piano Camp and Russian School Piano Academy in Shanghai. Through these programs, she took master classes with such artists as Dmitri Bashkirov, Andrzej Jasiński, Dang Thai Son, William Grant Naboré, Mira Marchenko, Alexander Braginsky and Hyoung Joon Chang.
ROSE HILL, Kan. (AP) — Federal health inspectors are investigating after a 38-year-old Sedgwick County man died when a trailer backed over him.
The Butler County Sheriff’s Office said 38-year-old Stephen Farmer, of Sedgwick County, died early Wednesday in Rose Hill.
Emergency crews found Farmer on the ground behind a truck, which had a flatbed trailer carrying a piece of loading equipment.
The sheriff’s office says a man driving the truck was turning around in a parking lot when the trailer hit Farmer. He fell and the right tires of the trailer ran over him. He died at the scene.
Detectives determined the death was an accident and no charges are being pursued.
The Occupational Safety and Health Administration sent investigators to the scene.
DODGE CITY, Kan. (AP) — A 31-year-old Dodge City man has been found guilty of first-degree murder in a 2015 shooting death.
Fraire -photo Ford Co. Sheriff
Julio Fraire was convicted Tuesday after a five-day trial. Prosecutors say 32-year-old Ramiro Nicolas Bernal was shot to death on July 25, 2015 in the parking lot of the Dodge City Daily Globe .
Fraire was arrested and charged in October 2016. Besides the murder charge, Fraire also was convicted of criminal possession of a weapon by a felon.
The newspaper’s parking lot was being used as overflow parking for a concert Bernal attended.
Prosecutors say Fraire shot Bernal six times before fleeing the scene.
A sentencing date has not been scheduled. Fraire has previous convictions for Burglary and Aggravated Assault, according to the Kansas Department of Corrections.
WICHITA, KAN. – A Kansas man was indicted Wednesday on federal charges of making calls to the office of Operation Rescue in which he threatened to injure employees and their families, according to the United States Attorney.
Christopher M. Thompson, 22, Wichita, is charged with four counts of making threats to injure a person. The crimes are alleged to have occurred Aug. 14, 2018, in Wichita, Kan.
The indictment alleges Thompson made calls threatening to kill Operation Rescue employees and rape their daughters.
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on each count. The FBI and the Wichita Police Department investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
SHAWNEE COUNTY — Law enforcement authorities are investigating an armed robbery and have released security camera images of the suspect.
Photos courtesy Topeka Police
Just before 9:30p.m. Tuesday, police were dispatched to a robbery at a convenience store 1414 SW 17th Street in Topeka, according to Lt. Manuel Munoz.
The clerk told police a skinny white male in his mid-20s, wearing a black hoodie, black stocking cap and a blue bandana covering his face came in and demanded money. The suspect was armed with a handgun and was last seen running north between the businesses with an undisclosed amount of money.
Police are attempting to identify the suspect in the the security camera images released Wednesday morning. Anyone with details on the crime are asked to contact police.
BROOKFIELD, Ill. – Fort Hays State had four players named to the Don Hansen Football Committee All-America Team for the 2018 season. Dante Brown is the Special Teams Player of the Year for all of NCAA Division II, while earning first team honors as a kicker and an honorable mention nod as a punter. Linebacker Jose Delgado also earned a first-team selection, while Doyin Jibowu earned third-team honors and Wyatt Parker received an honorable mention selection.
Brown adds to his list of honors for the 2018 season. Already tabbed the MIAA Special Teams Player of the Year and Don Hansen Football Committee Super Region 3 Special Teams Player of the Year, Brown adds Special Teams Player of the Year for all of Division II to his collection. Brown has already earned All-America status from the D2CCA and D2Football.com. Along with his kicking role, Brown was also one of the top punters nationally. He was an All-MIAA First Team selection at both kicker and punter this year. He led the nation in field goals made with 28 and averaged an NCAA-best 2.33 field goals per game, breaking the MIAA record for field goals in a season by three and coming just two shy of the NCAA Division II single-season record. He converted 84.8 percent of his field goal attempts, going 28-of-33 for the season, to rank fifth in NCAA Division II. Brown also shattered the Fort Hays State single-season record for points with 123. Brown had 67 punts for 2,772 yards, averaging 41.4 yards per attempt.
Delgado earns All-America status from a third organization after a tremendous senior season. He was the D2CCA Super Region 3 Defensive Player of the Year and MIAA Defensive Player of the Year in 2018. Like Brown, Delgado was an All-America selection by both the D2CCA and D2Football.com. He finished the year with 117 tackles, 8 tackles for loss, 1.5 sacks, 2 fumble recoveries and 1 forced fumble. He reached double figures in tackles eight times in the 12 games played in 2018, reaching 14 twice. Delgado reached double figures in a game 20 times throughout his 44-game career with the Tigers, earning All-MIAA honors three times and first-team honors the last two years. With 402 career tackles, he became the all-time tackles leader in Fort Hays State’s NCAA Division II era.
Jibowu gives the Tigers three repeat All-America selections this year after receiving honorable mention status from the Don Hansen Football Committee last year. Brown and Delgado are also repeat All-America selections by the Don Hansen Football Committee. He finished the year with 57 tackles, including 6 for loss, 2 interceptions, 1 sack, and 11 pass breakups. Jibowu wrapped his impressive four-year career at FHSU with 276 tackles, 27.5 tackles for loss, 5.0 sacks, 9 interceptions, and 26 pass breakups. He was an All-MIAA First Team selection at defensive back for the second straight year and three-time selection overall.
Parker earns the first All-America honor of his career. He finished fourth on the team in tackles with 71 from his defensive tackle position, while leading the Tigers in sacks (5.5) and forced fumbles (4). He also collected 11.5 tackles for loss and one interception for the season. Parker was a two-time All-MIAA selection for the Tigers.
Below is the Don Hansen All-America Team for 2018.
Offensive Player of the Year: Jayru Campbell, JR, QB, Ferris State
Defensive Player of the Year: Markus Jones, DE, Angelo State
Special Teams Player of the Year: Dante Brown, JR, PK/P, Fort Hays State
Freshman of the Year: Jaleel McLaughlin, RB, Notre Dame (Ohio)
Co-Coaches of the Year: Kerwin Bell, Valdosta State & Mike Jacobs, Notre Dame (Ohio)
First Team Offense
POS NAME HT WT YR SCHOOL HOMETOWN
QB Jayru Campbell 6-5 215 JR Ferris State Detroit, Mich.
FB Cole Chancey 5-10 200 SO Harding Commerce, Ga.
RB Jaleel McLaughlin 5-9 173 FR Notre Dame (Ohio) Marshville, N.C.
RB Gabriel Watson 6-1 221 JR Sioux Falls (S.D.) Piedmont, Calif.
WR Chad Hovasse 6-1 215 SR Adams State Colorado Springs, Colo.
WR Brody Oliver 6-3 210 SR Colorado Mines Elizabeth, Colo.
WR Craig Rucker 5-7 165 JR Mars Hill Orlando, Fla.
TE DeAndre Washington 6-2 185 JR Arkansas-Monticello Shreveport, La.
AP Tabyus Taylor 6-0 250 SO Virginia Union Hopewell, Va.
C Bryce Bray 6-0 260 SR Harding Rogers, Ark.
OG Tyler Drob 6-2 297 GR West Chester Cherry Hill, N.J.
OG Nic Sawyer 6-5 300 SR Ferris State Ann Arbor, Mich.
OT Evan Heim 6-4 305 JR Minnesota State DePere, Wis.
OT Deon Sheppard 6-4 295 SR Tarleton State San Antonio, Texas
PK Dante Brown 5-10 185 JR Fort Hays State Mississauga, Ontario
First Team Defense
POS NAME HT WT YR SCHOOL HOMETOWN
DE Markus Jones 6-3 260 SR Angelo State Fort Worth, Texas
DE Cardell Rawlings 6-2 240 SR Wingate Smithfield, N.C.
DT Heath Williams 6-2 291 JR Saginaw Valley State East Lansing, Mich.
DT Sha’Haun Williams 6-3 260 JR Notre Dame (Ohio) Youngstown, Ohio
LB Jose Delgado 5-11 205 SR Fort Hays State Derby, Kan.
LB J.T. Hassell 6-0 199 SR Florida Tech Titusville, Fla.
LB Alex Helmer 6-2 220 SR Minnesota Duluth Prescott, Wis.
S Lamont McPhatter 5-11 190 JR California (Pa.) New Castle, Pa.
S Daryus Skinner 5-11 175 JR Winston-Salem State Rockingham, N.C.
CB Corey Ballentine 6-0 204 SR Washburn Topeka, Kan.
CB Marcus Haskins 6-0 180 FR Concordia-St. Paul Cottage Grove, Minn.
RS Lyrics Klugh 5-10 170 SR Fairmont State Lyman, S.C.
P Cody Mills 5-7 190 SR Delta State Oxford, Miss.
Second Team Offense
POS NAME HT WT YR SCHOOL HOMETOWN
QB Rogan Wells 6-3 220 SO Valdosta State Fort Mill, S.C.
FB Paul Terry 5-9 200 JR Eastern New Mexico Canyon, Texas
RB Walter Fletcher 5-10 192 JR Edinboro Columbia, Md.
RB Wes Hills 6-2 218 SR Slippery Rock Wildwood, N.J.
WR James Brania-Hopp 6-0 200 SR Washburn Montville, N.J.
WR Trey Brock 6-3 218 JR Hillsdale Missouri City, Texas
WR Juwan Johnson 5-10 175 SO Midwestern State Springfield, Mo.
TE Erik Henneman 6-3 228 SR Lindenwood Gretna, La.
AP Ashton Dulin 6-2 210 SR Malone Reynoldsburg, Ohio
C Jeremy King 6-1 315 SR Valdosta State Macon, Ga.
OG Jason Poe 6-2 250 SO Lenoir-Rhyne Fitzgerald, Ga.
OG Hunter Toppel 6-4 300 SO Minnesota State DeForest, Wis.
OT Devon Johnson 6-7 310 SR Ferris State Aurora, Ill.
OT Ben Walling 6-5 295 SR Grand Valley State Independence, Ky.
PK Kristov Martinez 5-6 135 SR Texas A&M-Commerce Edinburg, Texas
Second Team Defense
POS NAME HT WT YR SCHOOL HOMETOWN
DE James Prater, Jr. 6-0 244 SR Ashland Columbus, Ohio
DE T.J. Winslow 6-4 250 SR Harding Houston, Texas
DT Derek Dorr 6-3 297 SR Edinboro Blasdell, N.Y.
DT Simanu’a Thomas 6-0 278 JR Pittsburg State Independence, Mo.
LB Kailen Abrams 6-2 235 SO Central State (Ohio) Detroit, Mich.
LB Michael Alexander 6-0 235 SR Saginaw Valley State Midland, Mich.
LB Sam Heyboer 6-5 240 SO Ferris State Grand Rapids, Mich.
S Gunner Olszewski 5-10 180 SR Bemidji State Alvin, Texas
S Brian Williams 6-1 190 SR Davenport Detroit, Mich.
CB Antonio Clark 5-9 160 SR Colorado Mesa Denver, Colo.
CB Zuril Hendrick 6-1 188 SR Edinboro Rochester, N.Y.
RS Reggie Kincade 5-11 170 SR Texas A&M-Commerce Everman, Texas
P Josh Carlson 6-0 165 FR Dixie State Gilbert, Ariz.
Third Team Offense
POS NAME HT WT YR SCHOOL HOMETOWN
QB Amir Hall 6-4 195 SR Bowie State Bowie, Md.
QB Chance Stewart 6-6 263 SR Hillsdale Sturgis, Mich.
FB Chris Eastburn 6-0 244 SR Arkansas Tech Pearcy, Ark.
RB Marcus Jones 5-11 225 SR Gannon Painesville, Ohio
RB Cameron Mayberry 5-11 215 JR Colorado Mines Stillwater, Okla.
WR Peter Anderson 5-10 155 JR Colorado Mesa Centennial, Colo.
WR Ardell Brown 5-11 180 JR Seton Hill Rochester, N.Y.
WR Daniel Davis 5-11 170 JR Southwest Minnesota Tarpon Springs, Fla.
TE Qua Boyd 6-5 245 SR West Alabama Lafayette, Ala.
AP Jake Wenzlick 5-9 183 JR Michigan Tech Meridian, Mich.
C A.J. Roland 6-1 280 SR Midwestern State Sachese, Texas
OG LaVonne Gauthney 6-3 315 SR Valdosta State Reynoldsburg, Ohio
OG Keith Pledger 6-1 270 SR Harding Lonoke, Ark.
OT Chris Coles 6-3 280 SR LIU-Post Hackensack, N.J.
OT Quentin Stanford 6-4 312 SR West Georgia Warner Robins, Ga.
PK Jefferson Souza 6-1 185 SO Virginia Union Deerfield Beach, Fla.
Third Team Defense
POS NAME HT WT YR SCHOOL HOMETOWN
DE Austen Eskew 6-4 248 SR Northwest Missouri Lawson, Mo.
DE Chris Garrett 6-4 230 SO Concordia-St. Paul Milwaukee, Wis.
DT John Cominsky 6-5 275 SR Charleston (W.Va.) Barberton, Ohio
DT Tyrell Thompson 6-4 290 SR Tarleton State Copperas Cove, Texas
LB Chris Hoad 6-0 228 JR Texas-Permian Basin Leander, Texas
LB Austin Stephens 5-11 210 JR Miles Munford, Ala.
LB Tyler Thomsen 6-1 225 JR Wayne State (Neb.) Fremont, Neb.
S Doyin Jibowu 6-2 200 SR Fort Hays State Denver, Colo.
S Delon Stephenson 5-11 205 JR Ferris State Sayreville, N.J.
CB Roderick Chapman 5-9 175 SR Missouri S&T Los Angeles, Calif.
CB Aaron Watson 5-11 165 SO North Greenville (S.C.) Duncan, S.C.
RS LaPerion Perry 5-6 155 FR West Georgia LaGrange, Ga.
P Jacob Hall 6-2 195 SR Azusa Pacific Greenville, Ill.
Honorable Mention
ALPHABETICAL, BY SCHOOL — Adams State: Marquese Surrell, AP; Assumption: Deonte Harris, RS; Augustana: Joey Newman, DE; Azusa Pacific: Aaron Berry, LB; Benedict: Traviontae Brown, CB; Rickym Holmes, DT; Bentley: Pete Thorbahn, CB; Bowie State: Joshua Pryor, DT; Lansana Sesay, WR; California (Pa.): Nelson Brown, RB; Carson-Newman: Phil McDowell, OG; Antonio Wimbush, RB; Catawba: Jourdan Osinskie, TE; Quinzavious Sands, OG; Central Missouri: Kyrion Parker, WR; Derrick Puni, OT; Central Oklahoma: Noah Hammons, OG; O’Shay Harris, CB; Central State (Ohio): Kevin Greenhow, WR; Terraris Saffold, AP; Central Washington: Ryan Hennessey, QB; James Moore, OT; Chowan: Donald Boone, OT; Tyrell Freeman, RB; Clarion: Brandon Vocco, DT; Clark Atlanta: Kameron Rogers, DE; Colorado Mines: Grant Stewart, C; Colorado State-Pueblo: Mitchell Carter, PK; Preston Guerra, TE; Brayton Medina, OT; Darius Williams, CB: Michael Wristen, DE; Delta State: Darren Gardenhire, CB; Dixie State: Tevia Tolutau, OG; East Central (Okla.): Jack Preston, P; East Stroudsburg: Mike Fleming, OT; Edinboro: Brandon Anderson, S; Emporia State: Braxton Marstall, QB; Findlay: Brian Benson, RB; Fairmont State: Chandler Zavala, OG; Fayetteville State: Brandon Smith, RS; Florida Tech: Romell Guerrier, WR; Fort Hays State: Dante Brown, P; Wyatt Parker, DT; Harding: Sam Blankenship, LB; Hillsdale: Wyatt Batdorff, S; Drew Callahan, C; Indiana (Pa.): Jeff Arnold, C; Indianapolis: Dan McHale, C; Al McKeller, RB; Robert Williams, CB; Kentucky State: Marcus Campbell, Jr., OT; Kutztown: Craig Reynolds, AP; Lenoir-Rhyne: Kyle Dugger, RS; Dan Louba, DT; Limestone: Joshua Simmons, S; Lock Haven: Jalen Jackson, TE; LIU-Post: Jake Carlock, LB; Kevin Petit-Frere, DE; Nazir Streeter, CB; McKendree: Josh Larazo, PK; Mercyhurst: Theo Blackston, FB; Brendan Cole, P; Midwestern State: Kevin Fisher, Jr., OG; Sir’Vell Ford, S; Vincent Johnson, RB; Jayton Rabb, QB; Minnesota Duluth: Jason Anderson, C; Trapper Ward, OT; Minnesota State: Zach Dodge, DT; Minnesota State-Moorhead: Jake Richter, WR; Mississippi College: Tiberias Lampkin, FB; Detric Hawthorn, RB; Missouri S&T: Bo Brooks, LB; Braxton Graham, WR; Tershawn Wharton, DE; Missouri Western: Tyler Basch, PK; Brandin Dandridge, RS; Morehouse: Jean Cyriaque, OG; Newberry: Jamarcus Henderson, DE; Shea Rodgers, P; New Haven: Dan Iannone, OT; Ju’an Williams, WR; New Mexico Highlands: Israel Farfan, PK; North Carolina-Pembroke: Tyler Hinton, DE; Northern Michigan: Jake Mayon, RB; Northern State: Jacob Streit, TE; Northwest Missouri: Zach Flott, OT; Anthony Lane, S; Sam Roberts, DT; Notre Dame (Ohio): Jimmy Burchett, OG; Brandon Nicholson, OT; Marvelle Ross, WR; Ohio Dominican: Cory Contini, WR; Logen Neidhardt, P; Ouachita Baptist: Keandre Evans, CB; Kris Oliver, RB; Pittsburg State: Ryan Dodd, OT; Morgan Selemaea, S; Quincy: Cody Leonard, LB; Saginaw Valley State: Chad Gailliard, WR; St. Cloud State: Sam Hartman, TE; Shepherd (W.Va.): Jaime Colon, C; D.J. Cornish, TE; Shippensburg: Luke Durkin, FB; Josh Gontarek, WR; Dakota Thompson, DE; Sioux Falls (S.D.): Hakeem Johnson, CB; Slippery Rock: Jake Chapla, PK; Steve Gaviglia, OT; Colten Raabe, OG; Brad Zaffram, LB; South Dakota Mines: Isaiah Manley, AP; Jake Sullivan, QB; Southern Arkansas: KaRonce Higgins, WR; Davondrick Lison, DE; Barrett Renner, QB; Tarleton State: Jai Edwards, S; Devin Hafford, CB; Jovan Pruitt, OG; Xavier Turner, RB; Texas A&M-Commerce: Michael Onuoha, DE; Amon Simon, OT; Texas A&M-Kingsville: Brent Hertel, FB; Tiffin: Daijohn Isbell, S; Truman: Lawrence Woods, RS; Valdosta State: Jamar Thompkins, RB; Virginia State: Frank Ball, OT; Wayne State (Mich.): Tommy Richardson, OG; West Alabama: Brandon Anderson, OT; West Chester: Jerry Elder, S; Diquan Gilbert, DE; Tyler Morrissey, LB; West Florida: Marvin Conley, S; West Georgia: Omar Cervantes, PK; Devontae Jackson, RB; Montrell Pardue, S; West Liberty: Josh Ojo, CB; West Texas A&M: John Cummings, P; Wingate: Chris Birozes, P; Davion Washington, CB; Winona State: Isaiah Hall, RS.
SEDGWICK COUNTY—— Law enforcement authorities are investigating a second deputy-involved shooting this week in Wichita.
Sanford -photo Sedgwick County
Over the past two weeks through Intelligence Led Policing, deputies have identified a ring of people committing burglaries according to Sedgwick County Sheriff Jeff Easter.
On Tuesday night, a deputy was observing a location where these individuals have been living or seen, according to Easter. A white Ford F250 which had been seen at the location before came into the area. The deputy observed the driver of the vehicle commit a traffic violation.
Just after 11:22 p.m., a Sedgwick County Sheriff’s Deputy attempted to stop the truck for a traffic violation near the intersection of Hydraulic and Scott. The vehicle did not stop, and the deputy advised he was in pursuit of the vehicle.
Police on the scene of the deputy shooting investigation-image courtesy KWCH
At 11:31p.m., the suspect vehicle ran over a tire deflation device at the intersection of Hydraulic and Clark. The tire deflation device was deployed by an officer of the Wichita Police Department.
The tire deflation was successful on two of the vehicle’s four tires.
At 11:32p.m. another Sedgwick County Sheriff’s Office Deputy performed a TVI (Tactical Vehicle Intervention), tactic in an attempt to end the pursuit. The TVI brought the pursuit to a temporary stop. However, the suspect drove the opposite direction, according to Easter.
A deputy performed a second TVI tactic to stop the suspect but he continued to flee.
At 11:33p.m., the suspect vehicle drove towards a deputy who was on foot.
At 11:34p.m., another Sedgwick County Sheriff’s Office Deputy performed a TVI tactic to stop the vehicle. The vehicle was stopped and a deputy positioned his patrol vehicle directly in front of the suspect’s vehicle. The suspect vehicle proceeded to reverse direction and crashed into another deputy’s occupied patrol vehicle that had taken a position behind him. After the suspect vehicle crashed into the patrol vehicle, it continued to attempt to flee.
In an effort to prevent the suspect from continuing to use deadly force, the deputy fired five shots at truck’s windshield.
The suspect identified as 35-year-old Jeremy E. Sanford was taken into custody and was transported to a local hospital for treatment of wounds to his head and shoulder, according to Easter.
Illicit drugs were a factor in this pursuit based upon evidence gathered at the scene.
No injuries were reported by any of the deputies involved. The deputy who fired the shots is 43-years-old and has been a patrol deputy with the sheriff’s office for 10 ½ years. He has a total of 19-years of law enforcement experience.
Sanford has been booked into the Sedgwick County Jail on requested charges of Driving While Suspended, Aggravated Battery LEO intent with motor vehicle, Aggravated Battery LEO, Reckless Driving, Flee and Elude and a Warrant for Fail to Appear.
Sanford has previous convictions felony flee and attempt to elude law enforcement, driving at maximum speeds and aggravated battery, according to the Kansas Department of Corrections.
KU Hospital and the other plaintiffs say the reductions will cost hospitals $380 million in 2019 and $760 million in 2020. FILE PHOTO
The University of Kansas Hospital is one of 38 hospitals across the country challenging a rule cutting Medicare rates for outpatient hospital sites to match the lower rates paid to physicians’ offices.
Under the rule, which took effect Jan. 1, Medicare will pay the same rates for medical services regardless of whether they’re provided in a physician’s office or in a hospital department that’s off the main campus of the hospital.
In a lawsuit filed earlier this month in federal court in Washington, D.C., the hospitals claim the rule is unfair because medical services provided in hospital outpatient departments are far more resource-intensive, and therefore more costly, than those provided in independent physicians’ offices. The suit names Alex Azar II in his capacity as Secretary of the U.S. Department of Health and Human Services (HHS).
The rule comes after Congress enacted a site-neutral payment policy in 2015. But Congress specifically made an exception for off-campus outpatient hospital departments that were providing services before Congress made the change. The hospitals say Azar didn’t think the change went far enough and overrode the protection Congress intended to provide them.
The rule “is irrational,” the hospitals allege in their lawsuit, “a patent misconstruction” of the law and “a blatant attempt to circumvent the will of Congress …” It says the reductions will cost hospitals $380 million in 2019 and $760 million in 2020, according to Azar’s forecast of the rule’s effect.
“Even prior to this rate cut, plaintiffs were under significant financial strain from steadily increasing costs in the healthcare marketplace and reimbursement cuts from the government and private insurers alike,” the hospitals allege.
The lawsuit mirrors one filed against Azar in December by the American Hospital Association, the Association of American Medical Colleges and three other hospitals. That lawsuit, also filed in the District of Columbia, challenges the Medicare rate cut as executive overreach.
The American Hospital Association says the rule ignores crucial differences between hospital outpatient departments and other sites. Citing a study it commissioned, it says patients getting care in hospital outpatient departments are more likely to be poorer and have more severe chronic conditions than those treated in independent physicians’ offices. And it notes that hospitals are held to higher regulatory standards because of the complexities of caring for sicker patients.
Dan Peters, general counsel for The University of Kansas Health System, said in an email that the system has “relied for years upon our Hospital off-campus departments to expand access to care and bring hospital services directly to our community, many of which are underserved by other providers.”
“Congress preserved their ability to do that work when it excepted hospital outpatient department from the changes contained in Section 603 of the Bipartisan Budget Act of 2015. But we believe the Secretary of DHHS overstepped his bounds when he took that away. We are asking the court to reinstate the decision Congress made,” Peters said.
Although they didn’t join the lawsuit, other Kansas City-area hospitals, including Truman Medical Centers and Saint Luke’s, also weighed in with comments opposing the rule.
The Kansas Hospital Association, in a comment it filed to the rule, said the cuts “would be excessive and harmful” and would endanger the role off-campus hospital departments “play in their communities.”
Dan Margolies is a senior reporter and editor in conjunction with the Kansas News Service. You can reach him on Twitter @DanMargolies.