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In hindsight, Berkley says she should have disclosed
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Shelley Berkley
Democratic member of U.S. House
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© 2011 STEPHENS WASHINGTON BUREAU
WASHINGTON -- Rep. Shelley Berkley said Wednesday she should have more fully disclosed that her husband's medical practice held a contract for kidney services at University Medical Center when she used her influence with federal authorities to help rescue the threatened program.
Berkley, D-Nev., said she thought it was well-known that Dr. Larry Lehrner was involved with the Clark County public hospital, but she now would take further actions to publicize the connection.
Berkley said she saw at the time there could be a perceived conflict of interest but decided to act anyway. She insisted her actions on behalf of the kidney transplant program were motivated by its patients and not her husband's business.
"This was a tough decision for me, whether or not I would weigh in," Berkley said. "I recognized that it may not look great, but I would not have been able to live with myself" by not acting.
"What would I do differently? I thought everybody knew that Dr. Larry was a doctor. I have not exactly been shy about that," said Berkley, referring to her husband by his nickname. "I would make sure it was crystal clear, and I would make sure I would work doubly hard to ensure that everybody I was talking to knew the situation. I thought they did."
Berkley's remarks in a brief interview were her first comments after the publication of a story in the New York Times last week that reported actions she took as a House member aligned with the business interests of Lehrner, who runs a chain of dialysis clinics and kidney care centers in Nevada.
The seven-term lawmaker, who is running for the U.S. Senate, has received more than $140,000 in campaign donations from kidney doctors, companies and lobbyists, the newspaper reported. At least $7,000 came from a political action committee representing renal physicians that her husband helped organize.
Berkley has co-sponsored at least five bills to expand federal assistance for kidney care and signed letters in 2008 and this year against cuts in Medicare reimbursements for dialysis providers, a cause sought by the doctors.
Berkley said she has co-sponsored more than 95 bills related to medical issues. She said she lobbied against changing reimbursements because it would have increased patient co-pays.
Berkley maintained Wednesday that patients "are always what is paramount in my mind." She said there have been instances where her health care advocacy has not been in sync with her husband. She said the federal veterans hospital she has championed and that is set to open within a year "will more than likely take business away from my husband" and that was "never relevant" to her work on the issue.
UMC officials sought help from Berkley and from then-Rep. Jon Porter, R-Nev., when its kidney transplant center -- the only one in the state -- was threatened with decertification in 2008. Lehrner's practice, Kidney Specialists of Southern Nevada, served as medical director of the kidney care unit.
Berkley, Porter and then-Rep. Dean Heller, R-Nev., signed a letter to the Centers for Medicare and Medicaid Services in support of the hospital's appeal. Berkley and Porter met further with federal officials to help broker an agreement that salvaged the hospital's certification.
"I recognized no matter what I chose to do, somebody would have thought it was not the right thing," Berkley said . "I recognize that it may not look great, but I recognized that the kidney transplant center was worth fighting for."
Kidney Specialists of Southern Nevada was the sole bidder when the UMC contract came up for renewal last year. Its current contract is worth $738,000.
Berkley said she would continue to accept campaign donations from doctors groups, including nephrologists like her husband, saying contributions "have absolutely no bearing on my votes or my actions in any way or sense."
No organization or individual has publicly requested that the House Ethics Committee investigate allegations of conflict on Berkley. She said she has not been contacted by the panel.
Berkley stopped short of saying she would welcome scrutiny by the Ethics Committee to clear the matter. "That's up to Ethics (Committee)," she said. "My life is pretty much an open book. That is not a decision I would make."
Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or 202-783-1760.
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HEY Dave.mogstad. John Ensign resigned. Will Shelly do the right thing?
Ms. Berkley's John Ensign moment.
[Berkley got lawyered after] publication of a story in the New York Times last week that reported actions she took as a House member aligned with the business interests of Lehrner
Look. They ALL do this. From the President down to the Dog Catcher. In the small town where I grew up, the part-time Mayor was feeding township insurance business to the BIG Insurer which employed him the rest of the week.
What's truly remarkable about this story is that RJ got scooped by NYT. Why should we have to read *that* miserable rag in order to see what our own Representatives are up to? RJ is part of an larger organization with a full-time news bureau in Washington. Why couldn't *those* reporters bring this to our attention?
We don't care how many times Obama plays golf.
She has committed a gross ethics violation. She should resign or be investigated by the House Ethics committe and punished to the fullest extent of law including jail time.
MAYBE SHE SHOULD DISCLOSE THAT SHE*S A MAN ...DUDE LOOKS LIKE A LADY ???????????????????????
Representative Berkley's husband is a nephrologist. There are so many conflicts-of-interest revealed in this story. A recent LA Times investigative piece outlining such conflicts in that nephrologists who are supposed to provide the best treatment and advice to the End Stage Renal Disease (ESRD) patients aren't being told to register at transplant centers as soon as they are given the ESRD diagnosis. The same report disclosed that as many as half of those on dialysis are not referred to transplant centers for more than a year after starting dialysis. Why?
Nephrologists also run the dialysis centers. Some own their diaysis centers, most run them on contract for the big dialysis corporations Fresenius and Davita. This is a $21 billion/yr business. Eighty percent of those revenues come from Medicare/Medicaid. Kent Thiry, CEO, DaVita was paid more than $20 million last year.
Nephrologists on contract to these industry leaders are paid huge amounts of money for the day-to-day medical supervision of the dialysis centers but are also paid huge bonuses if they keep all the treatment stations occupied. That sets up a serious conflict in terms of what's best for patients, staying on dialysis for being referred for transplantation. As long as nephrologists are incentivized to keep butts in dialysis chairs there will be delays in referring them for transplantation.
Berkley and her nephrologist husband are aware of these ongoing conflicts but chose to ignore them for continued personal gain!
People actually vote for these people, If I did not disclose they would bring charges. This is why our Gov. is out of control.
She thought everyone knew Dr. Larry was a doctor? Well, I guess since he has a "Dr." before his name. What we DIDN'T know was that he was your husband. Different last names? Convenient. She's just another crooked politician. All but a few are...
I am so sick of these pompous liberals and their lies going to Congress as middle class and coming out as multi-millionaires. It's a disease in Washingto. Some Republicans too I admit, greed does cross party lines. At what point does public service turn into self serving. Anyway Shelly knew what she was doing, she knew her husband would benefit from American taxpayers, Pelosi doomed workers for Dole foods in the South Pacific who her husband owns major shares of to below minimum wages. Why to increase the profitability of Dole foods. I think what angers me the most is these liberals telling us we must sacrifice and they have the best way for us and how we should live but that they won't follow those rules because they are enlighted. It's for us little people, the ones who work so we can support the ones that don't. The ones who vote for a living. Shelly and Nancy the poster children for Botox. a lethal nuero-toxin that paralyzes face muscles and obviously the brain. Back away for the BOTOX. Save America from Omerika 2012.
Berkley says she thought it was well-know who her husband was, honestly most Americans lives are truly busy with their own obligations and responsibilities. With most families both spouses working, many longer hours and harder; if having children even more enormous amounts of their time is consumed. For most citizens our ability to actually investigate the financial ongoing of elected officials is non-existent, an impossibility, due to only 24 hours in a day. Of course Berkley and other less than honest politicians are fully aware of this fact and take full advantage of any situation to profit for themselves. Certainly only one bidder was completely unacceptable and if this was an elected Republican actions, Berkley would be spewing all kinds of insinuations. It is good news that the Kidney program seems to be a successful program but it possibly would have been as successful run by another doctor without the cronyism, not enriching her husband and her. We must vote Berkley out and those like her for the good of the country. No more liars seeking profits via the government.