Category Archives: California Governor Gavin Newsom

San Mateo County It’s Time.

By Michael G. Stogner

You know it’s time when you see the Captain of the Ship putting on his life vest and sneaking onto the lifeboat, or the Pilot putting on his parachute.

We all know that we are responsible for our own safety, The Cavalry  is not coming.

The Federal, State, and County Government has Failed to provide Testing, Contact Tracing, PPE to all those who need it.

SACRAMENTO — The California Senate on Wednesday joined the Assembly in deciding not to return from its summer recess next week, citing the continued spread of the coronavirus, which has now infected several staffers and members in the Legislature.

The decision was announced on the same day that a second Assembly member, Republican Tom Lackey of Palmdale, acknowledged through a spokesman that he has tested positive for the novel coronavirus.

San Mateo County is home to San Francisco International Airport with direct flights from Wuhan. San Jose International Airport also has direct flights from Wuhan.

San Mateo County has Finally reached 0.0 Positivity July 10, 2020 Total Tested 9

San Mateo County has had been told to TEST 1500 people per day. July 8th they tested 141. They have only accomplished that 6 days. All Five County Supervisor are satisfied with those results. It’s Time for the Local Leaders the Mayors to protect the Residents in their Community, Provide Testing in their Cities. Enforce the State and County Health Orders.

July 10, 2020 SMC Tested only 9 People

SMC 0.0% COVID-19 Posiytivity Rate.

This is a PANDEMIC start acting like it.

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Governor Newsom: Don’t do it.

By. Michael G. Stogner

Governor Gavin Newsom, Now is not the time to grant this immunity to Businesses. What is more important is track down all the people who came into contact with the Prominent Doctor who flew from New York to California with his daughter to be admitted into Silverado Beverley Place where he made contact March 19, 2020 with Brittany Bruner-Ringo R.I.P. The 32-year-old nurse stopped breathing April 20, 2020 32 days later.

Stay the course Protect the Residents of California.

April 9, 2020

Governor Gavin Newsom State of California
State Capitol Sacramento, CA 95814

RE: Request for Executive Order Related to Liability Protection

Dear Governor Newsom:

California’s heath care workers and those serving in supporting roles are on the front lines of a crisis unlike any our state has ever faced. Every day, they are racing against time to prepare to treat and care for all in need. Sadly, in the coming days and weeks, they will face wrenching, life-threatening decisions in managing scarce resources amid arduous conditions.

The COVID-19 pandemic is projected to affect so many people that health care providers will be forced to allocate scarce medical resources among too many patients who need them.

Given this stark reality, we must have one goal: to save as many lives as possible. With that goal, we request the Governor issue an Executive Order including the following language, which will provide a level of liability protection adequate for care providers to save Californians’ lives:

During the current COVID-19 state of emergency, health care facilities, residential care facilities, senior living providers, health care service plans, physicians and other health care professionals, and all employees thereof, are hereby requested to render services to Californians. In recognition of these extraordinary and unprecedented circumstances, such facilities, plans, physicians, professionals, and employees shall be immune from any administrative sanction or criminal or civil liability or claim for any injury, death, or loss alleged to have resulted from any act, omission, or decision made related to providing or arranging services, including but not limited to acts, omissions, or decisions undertaken because of a lack of resources, absent proof by no less than clear and convincing evidence of willful misconduct as measured by a standard of care that incorporates all of the circumstances of the emergency. All state statutes and regulations are hereby waived to the extent necessary to achieve this immunity. The unenforceability or invalidity of any part of this paragraph shall not have an impact on the enforceability or validity of any other part of this paragraph.

Governor Gavin Newsom
April 9, 2020 Page | 2

Effectively minimizing death and serious illness among the population as a whole entails distributing finite resources to those who have the greatest opportunity to benefit, thereby maximizing appropriate care for the greatest number of patients likely to benefit from these resources.

While the state is creating a framework to guide these difficult decisions, providers need assurance they will not later be judged or sued when abiding by this framework, or when making related care decisions based on their best judgment and determination at the time. In this time of crisis, care providers must be able to observe, evaluate, and respond to rapidly-changing conditions and events; the prospect of being subjected to future lawsuits would burden and slow these decisions, threatening greater loss of life throughout California. Basic ethical principles governing crisis triage decisions include accountability—not only for health care providers called upon to make such decisions, but also for the government in supporting the processes to make these decisions and protecting the providers who make them.

When providers approach their work in the coming weeks and months, we must give them the support they need to make the best possible decisions, including protections from future legal action, as long as that liability protection does not excuse willful misconduct. To help understand the magnitude of the situation, here are several examples of the kinds of situations our health care system will face:

  1. Thirty patients require ventilators, but a hospital has only 25 ventilators.
  2. A hospital has too few pulmonologists, so obstetricians agree to care for respiratory patients.
  3. A hospital postpones a patient’s elective surgery to accommodate a surge of COVID-19 patients,thus delaying care to the surgery patient.
  4. A patient no longer needs acute care, and is moved to a skilled nursing facility, although thepatient preferred to stay at the acute care facility and did not provide consent to be transferred.
  5. An assisted living facility resident contracts COVID-19 from an employee, even though thefacility used proper screening techniques when employees arrived at work.
  6. An assisted living facility suspends group dining and activities as well as restricting visitors, dueto social distancing requirements, and is sued for causing depression by isolating residents intheir rooms.
  7. A skilled nursing facility is sued for allegedly deficient care rendered by staff who had notreceived full training s a result of staffing shortages.
  8. A facility cannot access N-95 masks, and health care providers are asked to deliver care usingsurgical masks.
  9. A skilled nursing facility admits an asymptomatic patient in accordance with CaliforniaDepartment of Public Health and Centers for Disease Control and Prevention guidelines. The patient later is determined to be COVID-19-positive, and the facility must manage a potential outbreak without full staff and without sufficient personal protective equipment.

In addition to the executive order language requested above, when considering the issue of liability protection, provisions of Government Code Section 8659 should be explicitly invoked; however these provisions are too limited for the unprecedented pandemic we are facing, which is why even broader liability protections is needed. Government Code Section 8659 does not help skilled nursing or assisted living facilities or health plans, and omits many types of health care workers (such as physician assistants, mental health providers, custodial staff, and managers). In addition, this statute does not provide protection for a willful act or willful omission, such as considered decisions to ration ventilators,

Governor Gavin Newsom
April 9, 2020 Page | 3

stop elective procedures, transfer a patient to an alternate care center, or assign an obstetrician to care for a pulmonary patient which has been the advice of the state or the standard or care in a crisis.

As our care providers make these difficult decisions, they need to know they will not be prosecuted or persecuted. This request is made with the deep understanding that every care provider is doing all they can to protect all Californians during this unprecedented crisis.

Respectfully,

Carmela Coyle, President and CEO California Hospital Association

Craig Cornett, CEO/President
California Association of Health Facilities

Sally Michael, President & CEO California Assisted Living Association

Janus Norman, SVP, Government Relations California Medical Association

Charles Bacchi, President & CEO California Association of Health Plans

Jeannee Parker Martin, President & CEO LeadingAge Californa

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San Mateo County Parks Open Again, Why?

By Michael G. Stogner

Remember these Parks must be within 10 miles from your residence. Only 13,004 San Mateo County Residents have been tested for COVID-19 out of approximately 771,000. The State of California is testing 20, 000 residents per day out of 40,000,000. You do the Math.

Parks director Nicholas Calderon said the county — which closed 23 of its parks on March 27 in a bid to slow the spread of COVID-19 — is “eager to welcome visitors back” so they can “experience the physical and mental health benefits of being outdoors and on the trails.”

Why doesn’t San Mateo County focus on TESTING & Contact Tracing first?

Trails will reopen in 13 parks Monday, according to the San Mateo County Parks Department.

Certain restrictions, however, will still be in effect. Visitors will have to carry face coverings, maintain a buffer of six feet, avoid mingling with people they don’t live with, and hike single file on narrow paths.

“During this time, it’s critical that park users follow the new rules developed to prevent overcrowding, discourage gatherings and that support social distancing,” he said in a statement Tuesday. “Let’s work together to ensure that parks are safe environments for everyone.”

The announcement applies to the following trails and parks:

Edgewood Park, Huddart Park, Junipero Serra Park, Memorial Park, Mirada Surf West, Pescadero Creek Park, Pillar Point Bluff, Quarry Park, Ralston Bike Trail, Sam McDonald Park, San Bruno Mountain Park, San Pedro Valley Park, Wunderlich Park, The Crystal Springs Regional Trail also will reopen to foot traffic, and the Bay Trail will be accessible through the Coyote Point Recreation Area, though the surrounding park will remain off-limits.

All those areas will be open from 8 a.m. to 7 p.m. daily.

Visitors, however, shouldn’t expect business as usual. Common areas such as campgrounds, playgrounds and picnic areas will remain closed — as will some parking lots and restrooms. More detailed information on what is open at each particular park is available at the Parks Department website.

Conditions are a little different in San Mateo County, where coronavirus restrictions state residents are not allowed to travel more than 10 miles from their homes for outdoor recreation.

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Lenny Mendonca quietly resigned on Good Friday.

By Michael G. Stogner

Lenny Mendonca abruptly resigned April 10, 2020. He’s no longer the CA Chief Economic & Business Advisor to Gov Newsom and he’s no longer serving as the Chair for the CA High Speed Rail Authority. 

The California High Speed Rail Authority just had a meeting April 21, 2020. They were forced to disclose an Investigation, They disclosed a watered down version of what is really happening. They reported that the consultant WSP hired their own Attorney to Investigate the Whistleblowers Allegations.

Everybody knows that is not a real Investigation.

The investigation disclosure was made at Tuesday’s board meeting in response to a question raised by board member Martha Escutia, a former state senator and now USC vice president for government relations. Escutia said she raised the matter because it was important to protect the integrity of the project.

Thanks to the LATIMES By RALPH VARTABEDIAN we now know there are two Criminal Investigations. This was not disclosed at the meeting.

The project is being investigated by the criminal division of the U.S. Department of Transportation’s Inspector General, and the F.B.I.

As most San Mateo County Residents know Lenny Mendonca is the owner of the Half Moon Bay Review and his Newspaper didn’t see this as a Newsworthy Story.

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