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NYPH Lead Paint Inquiry Old Stuff Says Hospital. Timing Questioned.
Posted on Tuesday, October 22 @ 04:34:52 EDT by jfbailey
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WPCNR Evening City Star Reporter. By John F. Bailey. October 21, 2002: New York Presbyterian Hospital has released a statement noting that a Environmental Protection Agency fine of $324,060 for failing to disclose presence of lead paint in their on-campus housing for hospital workers is a condition that they have corrected.
Hospital sources questioned the timing of the release of news of the EPA fine, one month before New York State Supreme Court is to take up an Article 78 suit brought by Concerned Citizens for Open Space on November 18 against the City of White Plains for approving the NYPH proton accelerator and biomedical facility in August.
According to the statement released by the hospital,
When New York Presbyterian Hospital became aware of this issue in the spring of 2000, we immediately began an extensive series of actions that meet with EPA standards, to seal and secure lead paint in our housing units, including all units in which children under six are living. Additionally, any housing unit that is vacated, whether or not children will be living there in the future, is now made lead secure before it is reoccupied.
This is a matter that we take very seriously and we have been cooperating with the EPA for more than two years with regard to the lead paint contained in pre-1977 housing units on our Westchester Division campus.
The issue that has been raised by the EPA relates to notification of the presence of lead paint, and is not related to any medical conditions.
The residents of the on-site housing are all employees and staff with whom the Hospital traditionally had informal housing agreements. All residents of this housing are now notified of the presence of lead paint at the time new agreements are signed, and lead paint disclosure forms have been provided to all existing residents.
After the issue of notification was called to our attention in the spring of 2000, we brought physicians on campus to discuss and provide practical information to all staff about lead paint. At the same time we began on-going work with an environmental consultant to test all residential units and to undertake an appropriate remediation program.
Timing of Fine Release Questioned.
Hospital-connected officials, speaking on condition of anonymity, said the timing of the EPA announcement of the fine was suspicious, suggesting it might influence Supreme Court Judge Richard Molea now reviewing the Concerned Citizens for Open Space Article 78 action. Their thinking is that the environmental fine might cast a shadow of doubt over White Plains officials' review of the project.
Medical Center Chairman's legal partner represents CCOS in the suit against city.
WPCNR in backgrounding this story has learned that Thomas Whyatt, attorney for Concerned Citizens for Open Space, is a legal partner of Mark Tulis, Chairman of the Board of Directors of the Westchester County Medical Center. According to the Medical Center website, Mr. Tulis is Chairman of the Board of Directors of the Westchester County Health Care Corporation which oversees the Medical Center.
Whyatt and Tulis are partners in the law firm of Oxman, Tulis, Kirkpatrick, Whyatt and Geiger, 120 Bloomingdale Road, White Plains, which is representing Concerned Citizens for Open Space in their Article 78 action.
That Whyatt, a Tulis partner, would manage a lawsuit that could conceivably benefit the Westchester Counting Medical Center when his partner is connected with Westchester County Medical Center is a coincidence, considering the Medical Center is an organization in competition with New York Presbyterian Hospital for biomedical research funds from a very budget-sensitive New York State.
Governor Spreads Manna Upstate
Governor George Pataki is now rapidly dispersing millions of biomedical research dollars upstate, leaving less money available for medical facility development in the Westchester-Hudson Valley region. The stakes in the race for state funds for biotech between the two hospital giants, Westchester County Medical Center and New York Presbyterian Hospital are getting higher and the availability of money to the two giants, lower with each Pataki grant.
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