STATE OF NEW JERSEY CERTIFICATE OF NEED APPLICATION … · 75 North Liberty Street 9 Hammonton, New Jersey 10 Thursday, December 17, 2009 5:30 to 7:30 p.m. 11 B E F O R E : 12 RUTH

1 STATE OF NEW JERSEY

DEPARTMENT OF HEALTH AND SENIOR SERVICES

2 STATE HEALTH PLANNING BOARD

PUBLIC MEETING

3x-----------------------------------------x

4 RE:

5 CERTIFICATE OF NEED APPLICATION FOR WILLIAM

B. KESSLER MEMORIAL HOSPITAL, INC., TO

6 DISCONTINUE OPERATION AS AN ACUTE CARE HOSPITAL

7 x------------------------------------------x

8 Held: Hammonton Middle School Library

75 North Liberty Street

9 Hammonton, New Jersey

10 Thursday, December 17, 2009

5:30 to 7:30 p.m.

11B E F O R E :

12 RUTH CHARBONNEAU, DIRECTOR OF LEGAL

13 AND REGULATORY AFFAIRS

14 JOHN A. CALABRIA, DIRECTOR OF HEALTH

FACILITIES EVALUATION AND

15 LICENSING

ANJALI BOXI

16 JAMIE HERNANDEZ

17

18 Darlene Sillitoe

Certified Court Reporter

19 - - - - - - - - - - - - - - - - - - - - - - - - - -

20 ROSENBERG & ASSOCIATES, INC.

21 Certified Court Reporters & Videographers

22 425 Eagle Rock Ave., Suite 201 575 Madison Ave.

23 Roseland, NJ 07068 New York, NY 10022

24 (973) 228-9100 1-800-662-6878 (212) 868-1936

25 www.rosenbergandassociates.com

2

www.rosenbergandassociates.comROSENBERG & ASSOCIATES, INC. (800) 662-6878

1 SPEAKERS: PAGE:

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DAVID RIZZOTTE 7

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MARIA BRITA 11

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LARRY DELANEY 17

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2 5:35 p.m.)

3 MS. CHARBONNEAU: Good evening. This is

4 a public hearing for the State Health Planning

5 Board in relation to Kessler Hospital application

6 to close as an acute care hospital. The

7 Department deemed the application complete, and

8 in accordance with the requirements of the law,

9 the State Health Planning Board is required to

10 hold a public hearing on this application

11 within 30 days of the action.

12 Adequate notice of the hearing has been

13 published in accordance with NJAC 26:2(h)5.8.

14 Notice was sent to the Secretary of State who

15 posted the notice in a public place. Copies of

16 the hospital's CN application are available for

17 review at the Atlantic County Library,

18 Hammonton branch, the New Jersey State

19 Library in Trenton, and the Department of

20 Health and Senior Services.

21 Information gathered at this hearing

22 will be reviewed by the State Health Planning

23 Board in addition to reviewing the application

24 from Kessler, any written comments and the

25 department's staff analysis and recommendations

4


1 in a public meeting to be held in January.

2 This community public hearing is being

3 transcribed, and the transcript, along with any

4 written comments submitted tonight, will be

5 available to all board members along with the

6 transcript and submissions prior to the meeting

7 to allow them time to review the application.

8 There will also be limited time

9 available at the public meeting in January for

10 the State Health Planning Board to hear from

11 members of the public. The Applicant will also

12 have an opportunity to present the application

13 and answer questions the board members may have

14 at that hearing.

15 Typically we have a restriction of three

16 minutes for public comments, but because of the

17 size of the audience, if anyone is here to make

18 public comments, we have some discretion as to

19 the time.

20 Anyone interested in speaking tonight,

21 we're going to ask you to sign in and also

22 speak at the podium. We'll ask you to state

23 your name and spell it for the transcriber.

24 And then submit -- to speak to the Board.

25 Anyone who wants to submit a written

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1 comment may also do so by sending it to the

2 Department of Health and Senior Services,

3 and we'll accept comments through December

4 30th. They should be addressed to the State

5 Health Planning Board and state that it's

6 regarding the Kessler application.

7 For those of you unfamiliar with the

8 certificate of need process, the State Health

9 Planning Board receives the information, the

10 staff recommendations, and the application, and

11 they will vote on a recommendation as to the

12 decision which will then be submitted to the

13 Commissioner of Health and Senior Services.

14 The State Health Planning Board's

15 hearing is part of a certificate of need

16 process, and your comments will be considered

17 as we review issues related to health planning,

18 hospital and related health care services, and

19 access to healthcare services in the community.

20 Your comments are an important part of this

21 process and will be considered along with all

22 materials.

23 The Board can recommend approval of the

24 application, approval with conditions, or a

25 denial of the application before it. The

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1 Commissioner will make a final decision on the

2 application after the Board makes its

3 recommendation. And that usually occurs within

4 120 days after the initial recommendation, but

5 usually sooner.

6 Again, my name is Ruth Charbonneau. I'm

7 the Director of Legal and Regulatory Affairs at

8 the department, and I'm here with other

9 representatives of the department who will

10 present this back to the Board as a summary

11 with its recommendations.

12 With that, I would open it up to the

13 public. If there's anyone here who would like

14 to make comment.

15 And just in closing, this is an

16 opportunity for us to hear from the public. We

17 do not respond to specific questions. Those

18 are presented to the Board for the hearing in

19 January. But this is really only for us to

20 hear your comments and not to give and take in

21 terms of response.

22 So with that said, if anyone has

23 comments, please approach the podium. And if

24 not, we will stay here until the end of the

25 hearing, until anyone from the community comes.

7


1 MR. RIZZOTTE: Don't mind if I do that,

2 do you?

3 MS. CHARBONNEAU: No. So long as speak

4 loud up for our --

5 MR. RIZZOTTE: I can speak loud. Never

6 known to not speak loud. My wife yells at me

7 all the time.

8 My name is David, D-a-v-i-d, Rizzotte,

9 R-i-z-z-o-t-t-e. Rizzotte. 355 Route 206,

10 Hammonton, New Jersey. Born and raised in

11 Hammonton. Lived here all my life except for

12 the four years that I was with Mr. Cashan

13 (phonetic) at Villanova, but that's about all I

14 want to state about that at this particular

15 time.

16 I never knew such an opportunity existed

17 to speak out on an event that happened well

18 after it had taken place. It's well after the

19 horse is out of the barn or that the small

20 Community Hospital is out the window. However,

21 when given the opportunity to raise an opinion

22 on a subject, I rarely missed.

23 On contemplating what to say at the

24 funeral for the funeral, I thought it

25 appropriate to tie my comments in with the

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1 spirit of the season. Therefore, I've titled

2 my remarks "The Ghost of Kessler's Past" after

3 the classic Dickens character.

4 Where should we start on a wild ride

5 regarding Kessler's existence? Probably best

6 at the beginning when a group of people in the

7 '60s had the vision to open William B. Kessler

8 Hospital. Times were good. The facility

9 employed lots of Hammontonians. Probably the

10 second largest employer in town after the

11 school system. And it begins to supply

12 necessary medical care and save many peoples

13 lives. Kessler operates for years as a

14 tremendous community asset, and the people are

15 very fortunate to have such a facility. Then

16 what went wrong? As the ghost of Kessler's

17 past takes us over, we begin to see in our

18 wonderful community asset years of

19 mismanagement and successive years of lack of

20 governmental funding so vital to the operation

21 of such a facility. As is the case with many

22 companies, both for-profit and nonprofit, the

23 filthy greed monster rose its ugly head. The

24 board of directors forgot William B. Kessler

25 was a small community hospital and a big

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1 benefit for the town and began to put their own

2 good above that of the townspeople. The

3 ill-fated contracts were entered into and total

4 mismanagement took over to the benefit of

5 individuals and to the detriment of the

6 community.

7 Where were the watchdogs that would have

8 rectified the situation long before the ghost

9 of Kesslers past takes us across the laughable

10 bankruptcy proceedings and failed attempts to

11 save our Community Hospital? Where was our

12 local government during this process? All

13 three parties, democrats, republicans, and

14 Hammonton -- finally, Hammonton First?

15 Erecting "Save Our Hospital" signs was nice,

16 but not anywhere near the legwork needed to

17 prevent bankruptcy and closure. We should have

18 gone up to Trenton, got millions of dollars

19 like our North New Jersey counterparts just

20 months ago when all this was happening. We

21 should have gone to Washington where the

22 federal government was giving away trillions of

23 dollars and sought money as we had gotten for

24 our airport whose biggest heyday up until this

25 point in time was having a plane crash in the

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1 blueberry field last week. And that's the last

2 thing I'm going to say about blueberry fields

3 given the recent events.

4 (Laughter.)

5 MR. RIZZOTTE: I have to admit at this

6 juncture, as I look in the mirror, I, myself am

7 probably to blame for some of these

8 circumstances because I knew what was happening

9 but spoke up too late at the 11th hour during

10 the bankruptcy hearings. I guess there are

11 many to blame for Kessler's closure. We all

12 know individually who we are. And maybe we all

13 are to blame because it was our hospital, and

14 we did a lot talking and took no legitimate

15 action.

16 In closing, as the ghost of Kessler's

17 present closes the casket, I will say we can

18 fly over our iconic blueberry farms, we can

19 watch our championship football teams, we can

20 stare at our beautiful downtown area, and we

21 can bask in the glow of having the largest

22 amount of Italian Americans per square mile in

23 the United States. But we are also most

24 fortunate to have another group move in so

25 quickly and provide our community with much

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1 needed emergency services and continue to save

2 our townspeople's lives. But we must realize

3 that if not for parochial minded and greedy

4 people, we could have had this done 10 to 15

5 years ago, and we would still have William B.

6 Kessler Hospital, albeit in a different form,

7 but it still would have been our same small

8 community fullfleged hospital.

9 Thanks for giving me the opportunity to

10 fly with my ghost of Kessler's past, present,

11 and here's hoping that the ghost of Kessler's

12 future is more fortunate and knowledgeable and

13 the residents of this town won't be breached

14 again.

15 Merry Christmas, and here's hoping all

16 of you have a safe and happy holiday season.

17 Thank you.

18 Do you need a copy of this?

19 MS. CHARBONNEAU: If you have a copy,

20 that would be terrific. We do have the record,

21 but it's helpful to have it as a match.

22 (Conferring.)

23 MS. CHARBONNEAU: Thank you.

24 MS. BRITA: Hi. My name is Maria Brita.

25 I'm a resident of Hammonton. My address is 505

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1 Line Street. I was born and raised here. I

2 worked at Kessler for 33 years. David is a

3 very hard act to follow. And my thoughts may

4 be sporadic, so I ask you to bear with me.

5 When I first was going to choose a

6 hospital, I looked at Shore Memorial because I

7 love the shore. My father begged me and said

8 go to Kessler. Go to your community hospital.

9 Because I idolized him to death, I did as he

10 said, and they were paying a dollar more then,

11 too. I spent 33 years of my life there without

12 any regrets. If I had to do it over again, I'd

13 do exactly the same. It was the best

14 rollercoaster ride of my life. But we're at a

15 point now in time where I cannot no longer look

16 back. Who is to blame? Who is not to blame is

17 irrelevant. Mismanagement? Did we use too

18 much material? Did we not go the mile? It's

19 over in that sense of the word.

20 David compliments that we have a

21 satellite emergency room. I can tell you from

22 experience and talking -- because I ran for

23 town council -- to the people in Hammonton what

24 we have is an extremely large Band-Aid station.

25 Not because of AtlantiCare's -- I don't know

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1 why. What happens is our ambulances are told

2 not to go there, that they cannot handle any

3 cases. Okay? The nurses that work there that

4 I have spoken to say they draw their own labs.

5 They give their own respiratory treatments.

6 They do not have a respiratory technician. We

7 have a policeman who was found in -- not

8 breathing. They didn't even think of stopping

9 at Kessler satellite, okay? And took him 35

10 minutes doing CPR the entire time. Would he

11 have survived? I truly don't know, and it's

12 not my guess or my judge. But at that

13 satellite emergency room was a board certified

14 emergency room physician. And they bypassed

15 it.

16 My stepfather was raking leaves and

17 developed mild chest pain. The ambulance came.

18 They did not say can we take you to Kessler

19 satellite? They said we can take you to

20 Mainland or we can take to you Virtua. I have

21 him very well trained to go to Virtua because I

22 know people there, and I know physicians.

23 I stopped at an accident this past

24 Tuesday. I was the first person on scene.

25 There was a former member, either of the

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1 board -- Maria Cruz, I don't know if she was

2 the foundation or the board, regular board.

3 Her ten-year-old son was lying on the ground.

4 She said, Maria, please, look at him. He said

5 he had some neck pain. I had his neck

6 immobilized and felt that he was stable and had

7 someone else do it. There was a young man

8 ejected from a car lying on the road bleeding.

9 He had a laceration on his forehead. His level

10 of consciousness disintegrated. I maintained

11 that he have cervical immobilization because he

12 wasn't moving his legs. Paramedics arrived and

13 they were very good, and they were very nice.

14 But they were going to take him to a Level II

15 trauma center. Okay? I said, he's -- call a

16 helicopter, which Hammonton police did. I

17 said, he's going to Cooper. It's a Level I

18 trauma center. See, people are truly

19 uneducated as to what they have in this state

20 and the difference it does serve. There was

21 never a mention to the ten year old who

22 appeared to be in stable condition as to go

23 to -- satellite emergency room to be looked at.

24 He was told the mother had two choices,

25 mainland or Virtua.

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1 So really, in essence, what do we have

2 here? We have a very sophisticated

3 urgi-center. Now, they do give IV fluid for

4 people who come in who have nausea, vomiting,

5 and diarrhea. But I have also looked into jobs

6 where there are more high level urgi-centers

7 that do the same exact thing. If you are going

8 to have a medical facility in a town that

9 your own ambulances don't go to and bypass,

10 what type of health care do you have?

11 This certificate of need we have -- I

12 believe I am informed that we have it for two

13 years, okay? That although we probably have

14 had no one interested in reopening us for

15 whatever reasons, it's not mine to guess or to

16 understand or make decisions. All I know --

17 and I say to you, this town needs a 40-to-60-

18 bed Community Hospital. It is -- it is a

19 necessity. Berlin in the future will close.

20 They are building a larger facility. It is 35

21 minutes.

22 And I ask you from the State what is the

23 price of a life? I ask you if it was your own

24 family? That's how I treated people. What

25 would you want? Would you want these beds to

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1 go away? Would you want that nothing stay here

2 within this region as a mid point?

3 I worked with the finest physicians that

4 I consider in the world. They are all board

5 certified. There were ten hospitals in the

6 State of New Jersey that made that claim. We

7 were one of them. I worked with physicians

8 that knew when something was beyond their

9 capability. And those people were outsourced

10 immediately. By ambulance, by helicopter,

11 whatever. They didn't say, oh, let's keep them

12 here. Let's make money off Medicare and

13 commercial insurance. No. We were dedicated

14 to human beings and human life.

15 Now, the State, you have no idea about

16 this town. You have no idea what 35 minutes

17 is. But I want you to take a drive for 35

18 minutes with someone having severe chest pain

19 who may go out at any minute. I want you to

20 think about that. I want you to think about a

21 child who drowns in a swimming pool and comes

22 up and, fortunately, he's breathing, but he's

23 wheezing. He needs to go immediately. I want

24 you to think about the man that I defibrilated,

25 one out of five who is alive today because

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1 Kessler hospital was here.

2 As I say to you again, it's well past

3 the time of who is to blame. Let's get over

4 that. Let's move on. My suggestion has always

5 been, please do not take these beds away. We

6 need to have a public referendum. There are

7 municipal hospitals in this state. There's

8 Hoboken. There's Camden Municipal Hospital for

9 contagious disease. There's Newark. We're not

10 thinking out of the box in South Jersey by even

11 attempting this. Let the people vote. It's

12 their money. It's their lives. Let them say

13 for once and for all the ghost of Kessler

14 hospital is over. We need to move on. Or the

15 ghost of Kessler future will rise again.

16 Thank you.

17 MS. CHARBONNEAU: Do we have any other

18 speakers that are here?

19 Well, we'll be here until 7:30. So if

20 anyone determines they would like to speak, or

21 if we have other speakers, we will entertain

22 them.

23 MR. DELANEY: Larry Delaney, Hammonton,

24 Broadway. D-e-l-a-n-e-y.

25 Listening to Mr. and Mrs. Melitto

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1 (phonetic), they go back. Because I remember

2 the earlier part when the State came up with

3 something like $40-some-million to distribute

4 to hospitals. And the large lump of that went

5 to AtlantiCare. Hammonton at that time was

6 asking for 2 million. It got zero. And out of

7 that 40-some million, if I remember correctly,

8 20-some million went to one hospital in North

9 Jersey. I forget whether it was Elizabeth or

10 not. I just laughed when I read it because I

11 realized votes.

12 In fact, I was just looking through a

13 few papers trying to come up with some

14 information before I came over here because I

15 really even right now -- I don't really

16 understand the full meaning of what this

17 meeting is for. Sounds to me like it's one

18 visit away from the chopping block for Kessler.

19 And looking through the papers, one of the

20 headlines in the Gazette was -- of course, see,

21 this was months before the election. Corzine

22 thinks there may be money for Kessler. Well,

23 that was a joke. They knew where the money was

24 going. It's politics, a lot of it. It's

25 power. Money. Hammonton, small community, how

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1 much -- you know, and it's a republican

2 community, really, when you get down to it. We

3 know who's controlling things. Look what just

4 happened in the last few days, what they're

5 trying to pull now between when the new

6 governor comes in. Politics, power. That's

7 what it's all about.

8 Now, two mornings ago some elderly

9 person expressed this to me, and then it dawned

10 on me -- I had forgotten all about this -- in

11 Kessler's appeal to the community, looking for

12 $2 million of -- I believe, of which they got

13 something like a-million-five. I believe the

14 comment was made at that time that if Hammonton

15 closes, Kessler -- excuse me, Kessler closes,

16 those who donated their money will get their

17 money back. Well, if Hammonton does close, I

18 hope the people who are responsible for the

19 money they get, remember that.

20 And then in this couple -- last couple

21 weeks' paper, I noticed in the legal notices

22 Kessler is behind probably $40,000 or $50,000

23 in tax and sewer bills. I hope they remember

24 what they owe the town that should they have to

25 close and whatever money comes in.

20


1 In fact, that's another thing, now that

2 I remember. Looking through those papers, it

3 was only about a year or two ago Kessler sold a

4 portion of its services to AtlantiCare. They

5 got something like two and a half million.

6 They supposedly, I think, got another million

7 and a half donated in the community. And in a

8 little hospital like that, I realize a million

9 dollars today when you get in business is a

10 drop in the bucket. But yet I'm asking myself,

11 well, where did the money go? And I just hope

12 the State keeps that in mind when they're

13 coming to a conclusion here as to what's going

14 to happen to Kessler Hospital.

15 I wasn't born and raised here, but I

16 used that hospital quite often. So did my

17 family. It's very convenient and a lot less

18 stress in your mind when, as Miss Bita said,

19 talk about a minute or two can be the

20 difference between a life and death, never mind

21 a half hour to an hour. And that Virtua nearby

22 is going to close because Virtua is putting a

23 huge place up on 73.

24 And, by the way, come to think of it,

25 where are they getting all the money for that,

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1 I wonder? I wonder where they're getting all

2 that money. I wonder where AtlantiCare is

3 getting all this money to be expanding and

4 doing what it's doing. Because every time you

5 open -- heard the hospital that closed in

6 Vineland because they built a much bigger

7 place. I know what they usually do. The first

8 thing they usually do is they look to the

9 State, and you're reading the past few weeks so

10 you know the State's almost ready to collapse.

11 Really, that's all I have to say. I

12 mean, I know some of these things that I

13 brought up are being spoken about in the

14 community because I've heard them in the last

15 few days. Anybody who reads the paper can see

16 certain of these things. But let's face it,

17 people, it's power. Let's face it. It's

18 power. Which party controls the majority vote.

19 They control the power. And if you're not

20 powerful enough or if you're from a community

21 that's more or less out of tune with who's in

22 control, you're not going -- you're going to

23 get the crumbs. The real money is going to go

24 to where we're going to stay in office. It

25 comes down to politics, a lot of it.

22


1 Thank you.

2 MS. CHARBONNEAU: Okay. We'll just wait

3 and take a recess.

4

5 (A recess was taken from 6:05 to 7:26

6 p.m.)

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8 MS. CHARBONNEAU: We will recess the

9 hearing as no further public is available for

10 comment.

11 (The hearing was adjourned at 7:27 p.m.)

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1 C E R T I F I C A T E

2

3

4

5 I, DARLENE SILLITOE, a Certified Court

6 Reporter and Notary Public of the State of New

7 Jersey, certify that the foregoing is a true

8 and accurate transcript of the proceedings.

9

10

11 I further certify that I am neither

12 attorney, of counsel for, nor related to or

13 employed by any of the parties to the action;

14 further that I am not a relative or employee of

15 any attorney or counsel employed in this case;

16 nor am I financially interested in the action.

17

18

19 DARLENE SILLITOE CCR

20 License No XI01023

21

22

Dated: December 26, 2009

23 My Notary Commission Expires

July 22, 2014

24 ID No 2062871

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Documents

STATE OF NEW JERSEY CERTIFICATE OF NEED APPLICATION … · 75 North Liberty Street 9 Hammonton, New Jersey 10 Thursday, December 17, 2009 5:30 to 7:30 p.m. 11 B E F O R E : 12 RUTH