Just as veterans put their lives at tremendous risk to protect and serve our nation, the Office of Veteran’s Affairs exists to reciprocate that noble commitment to the fullest extent possible. Unfortunately, systemic failures have let our veterans down time and time again.
Congressional nominee updates may not seem like riveting news, but who’s in charge of the offices that hold the VA accountable is incredibly important. The professional integrity of these leaders is paramount to ensuring that progress is made, as is their ability to inspire honesty, transparency and accountability throughout the VA’s many programs.
On January 12th, President Obama’s nominees to lead the Office of the Inspector General (OIG) and the Office of Special Council (OSC) detailed their commitment to promoting reform in the VA. He nominated K&L Gates LLP partner Michael Missal for IG, and recommended a second OSC term for Special Counsel Carolyn Lerner.
How systemic fraud and negligence have plagued the VA
VA services date back hundreds of years, and sadly its institutional flaws have been a consistent problem. The deep-seated issues range from professional negligence on the part of healthcare providers to fraudulent reporting practices. In 2014, the office faced a massive scandal when 40 or more patients of the Phoenix VA died as a result of unreasonable wait times for appointments. The hospital was accused of deliberately concealing these wait times from officials and creating a secret list of patient names. The scandal resulted in the removal or administrative leave of various employees nationwide and the resignation of then-VA Secretary Eric Shinseki.
In addition to this widely publicized scandal, the VA has had to answer to allegations of retaliation against whistleblowers, negligence that resulted in life-threatening viral infections after routine procedures and consistent failure to reduce wait times for appointments. Even after the 2014 scandal, typical wait times for a medical appointment or follow-up appointment can range anywhere between three and six months.
The role of the OIG and OSC in combating institutional failure
The Office of the Inspector General is responsible for leading VA strategy nationwide, overseeing its efficiency and actively preventing fraud and criminal activity. The previous acting director of this office, Richard Griffin, resigned in the summer of 2015 following allegations that he had deliberately stifled investigations and whistleblower activity. His alleged actions and subsequent dismissal emphasized the need for a permanent IG that would protect whistleblowers and the VA’s patients, rather than one who would only protect senior leadership by downplaying systemic wrongdoing.
The U.S. Office of Special Counsel is an independent agency dedicated to federal investigation and prosecution. The OSC focuses largely on ensuring protection against retaliation for whistleblowers. This agency was instrumental in making December’s legal provision against VA whistleblower retaliation possible. The provision was included in a $1.1 trillion spending bill following the Phoenix VA scandal and reports from the OSC of over 50 whistleblower complaints. The complaints referenced retaliation faced for reporting egregious VA misconduct.
Why President Obama nominated Lerner and Missal
Carolyn Lerner has been serving as Special Counsel of the OSC since June 11; this nomination prompts her second term in the role. Lerner’s professional background is in civil rights and employment law. The OSC head has earned acclaim in her first term for turning around the agency’s programs and resolving high-profile retaliation cases. The agency was not very well regarded prior to Learner’s appointment, but under her leadership it has become a reliable example that whistleblower protection can be effectively enforced on a federal level.
President Obama recommended Mike Missal to step in as permanent Inspector General of the OIG in October of 2015. When Missal appeared before the Senate Committee on Homeland Security and Governmental Affairs on January 12th, he explained his intention to create a more secure environment for whistleblowers. The VA’s problems with retaliation have been a recurring issue. To address this, Missal plans to work on the transparency of the OIG so that whistleblowers know their rights and have clear paths to pursue protection and seek justice in the event of reprisal.
A more hopeful future for the VA and its true supporters
The VA is certainly not the only federal organization that has dealt with systemic corruption, but it is one of the most upsetting examples of institutionalized negligence and fraud in the public sphere. The integrity of this organization in particular should be a top priority to its leaders, because for many of its patients it is a matter of life and death. Since whistleblowers play a key role in holding the VA accountable for the treatment of veterans and employees, the recent attention the government is paying to selecting leaders with a commitment to their protection is a very promising move.
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