Ideas on how to improve the Ryan White Care Act, before the U.S. House of Representatives July, 11,2000
SYNOPSIS
1. Introduction.
2. Our goals.
3.The San Juan AIDS Institute scandal.
4. The disfunctionality of federal authorities, (HRSA), during the fraud.
5. No answers to our cry for help.
6. Vieques and HIV/AIDS.
7. Tools.
8. The real dilemma.
9. What we support: accountability on HIV/AIDS Federal Funds
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July 11, 2000
Congressman Michael Bilirakis
Chairman
Health and Environment Sub-Committee
Commerce Committee
House of Representatives
Congressman Tom Coburn
Congressman Henry Waxman
Co-Sponsors
Members of the Committee
Capitol Building
Washington DC
Dear Sirs and Madams:
"Saludos" to all committee members. The word "saludos" translates to greetings,
but it also is related to the word "salud", which means health. My name is José Fernando
Colón and I live in San Juan, capital of the Commonwealth of Puerto Rico, co-founder of
the organization "Pacientes de SIDA pro Política Sana". I live with HIV.
I am here today hopeful of receiving bipartisan support, within the scope of your
power as legislators and policy makers, on the serious repercussions over the lives of
AIDS patients that the criminal embezzlement and fraudulent use of federal funds
earmarked for services not rendered, has had over those affected by HIV/AIDS in Puerto
Rico and in the continental US as well. I can mention cases in Orlando, Dallas and Los
Angeles.
Since March 11, 1999, "Pacientes de SIDA pro Política Sana, Inc.", (Aids Patients
for Sane Policies), has been working as an HIV/AIDS patients organization in reaction to
the fraud committed at the San Juan AIDS Institute by its former directors and
administrators.
Our goal and first priority is to empower HIV/AIDS patients, loved ones
and/or significant others to make sure that the information revealed during the federal
judicial proceedings in the case USA vs. Kouri, Sotomayor, Borel, and also USA vs. Luis
E. Dubón and Jorge Garib, (Case # 97-091, JAF), should serve as an international
soundboard so that something similar is never repeated.
$ 2.2 millions were embezzled for personal and political use, as was reflected by
the plea of guilt of five of the accused and the convictions of Kourí, Sotomayor, Borel,
Dubón and Garib. Most of these persons were prominent lawyers, accountants, and sad to
say, doctors. Revealed during the testimony of the case horrifying facts such as box full
of over $100,000.00 in cash was delivered to a former vice-president of the House of
Representatives to finance a political campaign. Credit cards with per year expenditures
of approximately $19,000 in one credit card and more than $20,000 in another for
restaurants and happy occasions were used by the administrator of the Institute and a so
called doctor who masterminded the whole fraud.
Money intended to patients has been used to pay for maids, luxury cars, cocktail
parties, trips, thrills and a $47,000.00 press conference. What were they giving out Mount
Blanc, Cartier or Tiffany pens?
A van, destined to carry AIDS patients to and from medical facilities, was
painted over and used in a political campaign. I personally know a grandfather, who
joined us in our demonstrations, that not only lost his daughter but his granddaughter
while all of this was happening. I also know a grandmother that went though the same
loss. She cries every time she calls me and repeats over and over again that nobody
helped them.
One day I was with my partner Aramis, who passed away nine years ago. I
remember a day when at the hospital, (a bill that cost $53,000.00, which we were able to
pay only because of beneficence), Dr. Jorge Garib, an infectologist, opened the curtain in
the room, asked my partners name, and when he said it was he, he simply told him, cold
as ice: "do you know that you have a pneumonia that kills?". His mother, and I looked at
each other perplexed and saw the pain and outrage in my partner's face. Aramis could
have had more years of quality of life. These years were denied to him. Today, in this
precise moment that infectologist is being sentenced in a courtroom in San Juan. He was
part of the party. I have waited nine long years for this day, and I am thrilled to be able to
be here to let you know. But it is sad to say that it was through a Puerto Rican woman's
accusation that all of this justice has been done. Where were the authorities?, What were
they doing? How much suffering would have been spared if audits and reports had been
done by the federal authorities that disbursed the funds?
The case San Juan Aids Institute case was conducted at Hon. Judge José A.
Fusté's courtroom at the Federal Courthouse, District of Puerto Rico. The US District
Attorney's Office for Puerto Rico, directed by Hon. Guillermo Gill, received full support
from Hon. Janet Reno, US Attorney General, who stated that the case should continue no
matter who is implicated.
Amongst those who accepted guilt is former Senator and former head of the
Health Commission of the Senate, Dr. Edgardo Rosario Burgos.
Top elected officials have been implicated in the mishandling of the funds by
various witnesses presented by the US Government, one of which was even wired by the
FBI to document the convict's statements to this effect. Some of the politicians
mentioned during the trial have been Mr. Héctor Luis Acevedo, former Mayor of San
Juan, José Granados Navedo, a former member and former vice-president of the House
of Representatives, who had to resign to his post due to the pressure created by the
scandal, and finally Dr. Pedro Rosselló, our current Governor.
With me and as part of my written testimony I have a copy of a letter written in
1993 to Secretary of Health Donna Shallala by former Representative David Noriega
asking her to investigate. Noriega had to push an investigation in the House of
Representatives because Shallala's letter simply answered that they look into it.
However no results or actions were taken.
In our quest for truth, we asked Mr. David Walker, Comptroller General of the
General Accounting Office, to conduct an audit so that the public is reassured of the
appropriate use of funds.
We also asked Hon. Donna Shallala, Secretary of Health
and Human Services, for an explanation of why auditors did not detect this fraud before.
Funds were disbursed for various years, (1988-1994), without the proper
protocols and financial reports, as testified by Mr. Lawrence R. Poole, an official from
the Department of Health and Human Services, and reported by the press: -- "there are no
indications that such reports were ever prepared".
.
I want to quote the words said to me in a conference call with Mr. Douglas
Morgan an official from HRSA, when I asked him what had happened. He told me that
"some mistakes had been committed", and when I asked what mistakes and by whom, I
only received silence as an answer. Why so much silence from the people that are
responsible of following up the destination of funds and their proper use?.
Since the ending of the second part of the case we have encountered the
fact that at least three more organizations in Puerto Rico are being investigated by a
Grand Jury. The Health Secretary of the Commonwealth of Puerto Rico, Mrs. Carmen
Feliciano, was called to stand no more than three weeks ago in regards to the ongoing
investigation of an organization called "Oasis de Amor". Besides, PRConcra, an
organization that serves the gay community, and " Fundación Ayúdanos a Vivir", an
organization which closed, and used to give services to infants, are also being
investigated. All of this in the midst of a health reform that still has a lot of matters to be
polished, and raises questions about its implementation.
Besides as you must know we have a problem with the island municipality of
Vieques were fifty one HIV/AIDS patients have to live under a bombardment that for
over sixty years has destroyed the island's ecology and environment. This destruction has
been so strong that Vieques has one of the highest cancer rates in all Puerto Rico.
Imagine having AIDS there.
We welcome all your efforts to guarantee the proper tools for a sane
accountability of federal funds, (Ryan White Funds, HR #4807), provided for the
treatment of HIV/AIDS. I thank Congressmen Coburn and Waxman for including some
accountability measures in the House of Representative's version of the act. We support
random federal audits of HIV/AIDS service providers, increased patient participation in
the planning process, particularly those that who are real clients and not just employees
of groups receiving Ryan White funds. We also applaud increased training for new Ryan
White Council members, and sunshine laws guaranteeing planning meetings under public
scrutiny.
We want to clearly state that in no way should these investigations
jeopardize the excellent work that other good faith organizations and their members have
done in the past in regards to patients' health care and services. Fund cutting is not the
issue here, our dilemma is the proper use and accountability of funds.
We are determined to follow the AIDS Institute case, and any other similar cases,
to its final consequence. We will work as watchdogs of HIV/AIDS funds and services.
Tools of accountability will help our effort. We believe that some loose ends are still in
the air and that all those that are guilty should pay for their crimes, no matter how high
their rank, position, political affiliation was, or is. To do this we need your help.
Because AIDS does not discriminate by political affiliation we must insist in
bipartisan action to protect the lives of all. Not doing so will open the gates to the
continuation of the devastation, pain and sorrow caused by HIV/AIDS.
I live everyday with the virus. The person that represents my hope and joy does
also. Nine years ago I lost my companion Aramis, after seventeen years of
companionship. I have lost my brother Eddie and my cousin Michael, besides a number
so high of friends that it is difficult for me to count them. It is not easy for me to be here.
My T-Cells must be dropping by the second. But I have to do what I have to do to push
for remedies to the sad and grotesque reality that I, and many others, have lived.
The Ryan White Care Act is a light of hope for all of us. United we must fight to
stop and delete forever the disease of HIV/AIDS. We claim to all those concerned to be
as human as they can be in this effort, so the impact of our message reaches the hearts
and minds of thousands that still ignorantly believe that HIV/AIDS has nothing to do with
them..
We ask you to pass this bill assuring us that there will be greater efforts towards
accountability of funds and human resources; and please, let us work together to stop
nepotism.
HIV/AIDS should not be an industry. I pray for the day that many people will
have to look for other jobs because the fight against HIV/AIDS will be over. Tragically
some people do not see it this way. People must sacrifice to fight this disease and stop
receiving salaries so high that they have become immoral. Only through giving from the
heart we are going to win this battle. Please listen to my voice. It represents the voice of
many like me who cling ferociously to life. Thank you very much for letting me speak.
Mr. José F. Colón
Educator & Facilitator
P.S.P.S.
UNITED WE CAN HAVE A FUTURE!
José F. Colón López
San Juan, Puerto Rico 00926
(787) 283-8623
