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On April 24, 2017, the VAs VISN-10 Director, Robert McDivitt issued a decision to

indefinitely suspend Dr. Barbara Temecks employment, effective tomorrow, April 26, 2017.

As Mr. McDivitts decision makes clear, the VAs reason for suspending her is not
based upon any concerns over Dr. Temecks professional conduct or competence as an
administrator or a physician.1 This is solely about the VAs efforts to get rid of Dr. Temeck
to keep her from disturbing the status quo at the Cincinnati VA Medical Center, and the
wasteful practices that status quo entails.

Dr. Temeck has spent the last 36 years of her life in government service to others,
most of that in service to our countrys veterans. During her entire career in service with
the VA, she achieved Outstanding performance reviews, no matter her position or the
facility in which she worked. She achieved those same Outstanding performance reviews
during her brief tenure at the CVAMC. And during that time, she rose to the top of three
successive searches for the permanent Chief of Staff position at the CVAMC.

In 2013, while Dr. Temeck was serving as Acting Chief of Staff, the first permanent
Chief of Staff search committee recommended, and the former facility Director Linda Smith
selected, Dr. Temeck as the most qualified applicant to be the new permanent Chief of Staff.

By that time, however, Dr. Temeck had already begun uncovering the unbalanced
relationship between the CVAMC and the UC Medical Center, and the resulting waste of VA
resources that unbalanced relationship entailed. Between July, 2013 when she began
working in the CVAMC and December, 2013, Dr. Temeck had uncovered and begun trying
to correct serious issues of waste and mismanagement in the areas of vascular and
neurosurgery, orthopedics, physician productivity in the Department of Medicine, missing
doctors who were supposed to be full-time but were not on premises because they were
working at UC instead, and grants and research and sub-awards of VA grants to UC. Most
importantly, Dr. Temeck had begun trying to correct these imbalances, and to stop the
waste of resources and costly mismanagement practices. Almost invariably, these
imbalances were a financial detriment to the CVAMC and its ability to serve our Veterans,
and a financial benefit to UC Medical Center.

As a result of her efforts to improve Veterans services at the CVAMC and to restore
the proper balance between the CVAMC and its affiliated partner, UC and the former VISN-
10 Director, Jack Hetrick, blocked Dr. Temecks appointment as the permanent Chief of
Staff. Specifically, in December, 2013, Dr. Thomas Boat, the former Dean of the UC College
of Medicine, advised Mr. Hetrick of UCs opposition to Dr. Temecks appointment as Chief
of Staff. Mr. Hetrick complied with UCs wishes, and disapproved Dr. Temecks selection.
She was appointed full-time Deputy Chief of Staff instead, while retaining her Acting Chief
of Staff position while the facility conducted successive permanent Chief of Staff searches.

1
Since the reason(s)for the action as stated in the notice of proposed discharge do not
involve a question of professional conduct or competence, you may appeal this action under the
VA grievance procedure. [April 24, 2017 Decision].
Dr. Temeck rose to the top of the second permanent Chief of Staff search in 2014,
too, but Mr. Hetrick made the decision to leave the position unfilled until a later date.

The facility conducted a third search for a permanent Chief of Staff in 2015. On
November 17, 2015, however, Dr. Miles Pensak wrote to the Cincinnati VAMC Chief of Staff
Search Committee that I cannot support [Dr. Temecks] retention under any circumstances
as the faculty of the [College of Medicine] is unified in their desire for a change.

Dr. Pensak is a neurologist at the UC Gardner Neuroscience Institute and UC


Physicians; the Associate Chief of Staff at UC Medical Center; the CEO of University of
Cincinnati Physicians; Chief of Physician Services for UC Health; a board member of UC
Health; the Chair of the Department of Otolaryngology (ENT); a Professor of Neurosurgery;
the Medical Director for UC Medical Center Operating Rooms; and Senior Associate Dean
for Clinical Affairs at UC College of Medicine.

From that day forward, Dr. Temecks days at the CVAMC were numbered. All the
VA needed was some excuse or pretext to fulfill Dr. Pensaks and the UC College of
Medicines desire for change, and that Dr. Temeck not be retained in any capacity.

The VA got that excuse and pretext for getting rid of Dr. Temeck when some VA
employee, probably someone among the so-called 34 whistleblowers, committed the
felony HIPAA violation of releasing confidential patient records to the media. Those
records revealed conduct by Dr. Temeck that would have warranted, at most, and in any
other circumstance, a minor administrative action by the VA against Dr. Temeck.

We have searched, but have not found, any instance in which a VA doctor or
administrator has been disciplined in any manner, let alone terminated or referred for
criminal prosecution, for the same or similar conduct.

The VA and Office of Inspector General first referred the matter to the DEA, but the
DEA was not interested in pursuing any criminal charges over such a minor matter.

Nothing in the VA Handbook or established practices would allow Dr. Temecks


suspension for this minor infraction. At most, it would have warranted minor discipline,
commensurate with the minor infraction. Or, following the VAs Jackson, Mississippi
model, they would have arranged to get Dr. Temeck her own DEA registration, and fix the
problem and prevent its recurrence.

Failing all of that, the VA tried to get the Cincinnati VA Clinical Executive Board to
revoke her clinical privileges. But the physicians on the Board rightly objected that they had
no business taking actions against any doctors privileges.

This is unfortunate for the Cincinnati VA Medical Center. Their best resource has
been suspended.

Dr. Temeck will appeal this decision and move forward to right this wrong.
Since the reason

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