Author Archives: Dunn Firm - Morgan Claire Dunn

Christmas Trees, Paganism and Messages from Angels

Christmas trees have their origin in paganism. The Christmas tree tradition emerged from the “sacred trees” of Northern European mythology such as “Yggdrasil,” the giant ash tree at the center of the Norse cosmos that holds all the worlds in its roots and branches.

Some people believe that trees have a unique life force of their own. In the book, The Hidden Life of Trees, the author, Peter Wohlleben summarizes the complexity of arboreal life: Trees communicate, feel pain, form complex communities, create microclimates, seem to have individual agency and are even known to keep relatives alive that can no longer feed themselves.

Some of the first tribes to occupy the North American continent add a spiritual dimension to the hidden characteristics of trees … they believe trees pray. Mary Siisip Geniusz, the author of the book, “Plants Have So Much to Give Us, All We Have to Do is Ask” explains that in the Anishinaabe tribe of North America, the balsam tree is named Ingiigido’aag, meaning, “She Stands at Prayer for Us.”

To the Anishinaabe, the tree’s beautiful fragrance is her prayer. The tree, from this perspective, is not merely a symbol but a being that enacts the effect we all notice: Families and communities uniting in the presence of a Christmas tree in a new way.

Eventually, Christianity took license over the Christmas tree. The tree is even referenced in the Book of Revelations, Chapter 22, Verses 1 – 2 wherein it states, “And he shewed me a pure river of water of life, clear as crystal, proceeding out of the throne of God and of the Lamb. In the midst of the street of it, and on either side of the river, was there the tree of life, which bare twelve manner of fruits, and yielded her fruit every month: and the leaves of the tree were for the healing of the nations.”

Nonetheless, the pagan roots of the Christmas tree cannot be denied.

When Patti took me into her home seven (7) years ago [that is after she finally got past her initial inclination that I was a blowhard and that you could measure the depth of my soul with a thimble], I discovered her home was a repository for hundreds of books and writings on spiritual matters. Numerous books on Kabbalah were spread through many rooms. The Koran was present as was the Torah. The Book of Mormon. A 23 book series on the Zohar. Prayer books, Bibles both Christian and Jewish. There were Mezuzahs on some of the doors. Studies on faith, on the soul, on spirituality and religion.

My contribution?  Wanting to bring a pagan originated green tree ripped from Mother Earth into her pristine home every early December. Yes, since Patti is so much nicer and soulfully much more substantive than me (as all of our friends will attest), she allowed my request.

I have previously written about the significance of Christmas trees for me. I was raised in a family where artificial Christmas trees were not a consideration. The scent of the tree quickly filled our tiny house. But it was much more than that. The tree elevated not just our sense of smell, but it brought joy, love and light to our other senses as well. Glorious Christmas was near. And at Christmas, anything is possible!

As the years passed and the dreams and fantasies of childhood were left behind, our adult years came upon us. But still, for me the Christmas tree was eternal. It had to be real. It remained my symbol representing the endless possibilities of greater futures.

Then, little strangers a/k/a children came into our life. With ever growing numbers of friends and their Little Strangers, we would pile into first our cars, then onto full sized buses, and travel to Christmas tree farms to saw down our very own trees. The look of absolute wonder on our children’s faces were a time portal allowing us small glimpses into our past childhood. And for brief moments in time, we remembered.

The ravages of time took its toll … work, divorce, misplaced priorities … all life lessons teaching us that life is not easy. And it is not meant to be.

And yet, the Christmas tree remained. Decorating the tree became “a thing” for Morgan and me. Each year we strung popcorn and cranberry strands. Even as her eating disorder began to ravage her bodily organs, the tree remained our last vestige of a childhood that was gone … for both of us.

And then, she was gone.

That first year, less than 2 months after Morgan was taken was gut wrenching. As for a Christmas tree? Forget it! Why go through that pain? But sometimes decisions are removed from your control. Surrounded by pushy siblings, nieces and nephews, a tree found its way into my place … and remained in my life. I still recall the hours which elapsed, tears on my face, looking at the tree. And questioning life.

For the first time, I felt that a Christmas tree was mocking me. What did I have to be thankful for, or hopeful about? And yet, the tree remained, calling me, trying to get me to remember … to not give up all hope.

And so, I brought into Patti’s world, the disorder and dirt from those pagan Christmas trees.  The tree drops needles. It is dirty and messy… and worth every second and every adversity. It helps you … feel. It helps you remember that there are far greater things than your own existence.

And then, there was the special day when Satan’s Shrub made its appearance. On the day Patti and I were going to pick up a young lady who was being checked into ERC, just 2 hours before her flight arrived, the Christmas tree fell. Ornaments I deemed precious, shattered. I ranted about how it was NOT a Christmas tree, but it surely must be “Satan’s Shrub.” And then, a valuable life lesson was brought manifest. The only ornaments which broke were those purchased at stores. The precious ones hand made by my children… all survived. Precious memories. A truer message of Christmas, of love, of our children was brought to me. And yet, Satan’s Shrub had one last message to deliver in a future year.

Last year’s version of the Christmas tree was … alarming. Not because of the work that went into it, but because of the incredible ease every step of the way.

The tree was the very first tree we saw. No bad side which would need to face the wall. Perfect height. It was full. It was perfect. We got it on top of the car with no issues. Brought it home. The stand fit it perfectly the first time. This tree stood tall and straight. After cutting off the netting, the branches settled into perfect harmony. I put on the lights with no issues at all. Ornaments adorned the tree. And then, I found a perfect “tree topper.” A beautiful, Victorian looking angel. Naturally, it fit precisely.

All was right with the world. Or so I thought.

The next morning when I went to check how much water the tree had taken in, I was surprised to see the stand still full of water. The “perfect Christmas tree” was drying out. And quickly at that. The “perfect Christmas tree,” the easiest one I had ever had, was anything but perfect. With still almost two weeks before Christmas, this now fire hazard had to go. And so, it did.

I replaced the tree of course since Christmas was not yet here. It was the smallest tree I have had in years. And yet, somewhere along the way, just as it happened in a Charlie Brown Christmas, the tree began to transform.

Memories of Christmas tree farms, of the sweet innocence of children, the shouts of joy, the pure laughter from these soulful, little strangers, the sharing of the almost sacred ritual of decorating the tree with my daughter rose to the surface. Its scent was pure … and sublime.

And once again, another valuable lesson manifested. The Christmas tree which I had held so dear for all of these decades, was indeed merely a symbol, important yes, but just a symbol. Most importantly, it was the love surrounding the tree. The shared dear, precious time spent with loved ones. Spending time together.

This year, humor and perhaps the Deities conspired to make the 2024 version of the Christmas tree unique.

Once again, I induced Patti to allow me to destroy other aspects of the house by bringing into our lives… a Vizsla puppy.  Now Patti has not been a dog person as an independent adult. But, I had 2 Vizslas. Which means … I should have known better. But … NOOOOOOOOOO.

So, with Beauregarde being 11 months old in December and with Vizslas being high energy, I had a plan! Patti has a very sturdy small, square table. I would buy about a five (5) foot tree and place it on top of the table. In that way, the wood-headed dog could not micturate on the tree and perhaps the ornaments would be out of reach.

I immediately found the tree, poured two (2) Mambo Taxis down my gullet, went home and was determined to get the tree in place immediately. Well… there I go again.

I got the tree in the stand, got it up on the table, filled the base with water and as I was trying to anchor it… it wobbled, began to fall, the fall was partially impeded, water was spilled on the floor, I let loose with a tapestry of profanities that until this day is still hovering over the Trinity River, and the dog quickly yelped and ran into a different room.

A shot of tequila helped steady the nerves and calm the savage beast, the tree was more properly placed in the stand and stood up.  As Patti caught up on her slumber, I put the lights on the tree while the horrible Christmas movie, “Red One” was playing the background.

And then … I remembered.

I previously wrote about the young lady suffering from eating disorders who was being checked into ERC during the infamous Satan Shrub year.  The past week, she reached out to me.  With her permission, I can set forth what this incredible soul wrote:

“3 years ago today I landed in Texas and met you and Patti. The morning of The Great Christmas Tree Disaster.. which was a disaster and a headache for you but one of the most genuine acts of kindness anyone has ever done for me to this day.”

“I’ve spent my morning reflecting while I sit here at work and I just can’t help me feel emotional about how something much bigger than you or I was at play when you were brought into my life and then all the sudden I was in Texas at ERC.. basically losing my mind and hating all of existence.”

“My life is so amazingly different today and my time in Texas was the pivotal moment.. where the scales finally tipped for me was sitting at your dining room table with Patti.. she told me that I needed to become the CEO of my own life.. that if anyone was going to make my life better it would be me.”

“I took those words and ran and I have not stopped since. I have not needed to admit to treatment, I have maintained a healthy weight, I don’t struggle with mental illness nearly to the level I did, I work two jobs, take care of a home on 5 acres and raise my boys all by myself— I work at a treatment center for teen girls and in the counseling center at a high school.”

“My life is dedicated to helping really cool teenagers and I’ve found my passion in life. I’m back in school pursuing my degree, and my boys have their mom back and never have wonder if I’m going to show up for them.

“Your interaction in our lives may have been brief, but it was the most pivotal time in my entire life and I truly do not think I would be here today if it wasn’t for your kindness and willingness to help me at my lowest. I hope you both are doing so well. I think of you guys often! Thank you for everything 🤍.”

Symbols of Christmas. Books. Trees. Christmas movies. Gifts.

This year, all of these symbols cannot begin to touch my heart and my soul as this young angel has done.

I received my Christmas gift early this year. A gift that is a reminder that my beloved daughter, Morgan is still doing great work and is making this world a better place. I am just a place marker for her, for her acts of strength, of compassion, acts of love, of how her sacrifice is still guiding me to help others as I can.

What a precious, precious gift Allison gave to me. 

Thank you, Allison. Hug those boys of yours and keep inspiring others through your strength and courage.

Merry Christmas Allison.

And to all.

TIMBERLINE KNOLLS SEXUAL ABUSE TRAUMA TREATMENT CENTER FOR WOMEN AND GIRLS?

Really?

Really?

Good Lord.

Just when you think that corporate hypocrisy and reprehensible conduct have reached an all-time low, we discover an even deeper level of hell.

The Timberline Knolls Sexual Abuse Trauma Treatment Center for Women and Girls … It leaves one nearly speechless. Nonetheless, let’s review.

In August 2024, a lawsuit was filed against Timberline Knolls alleging staff member Erick Hampton sexually assaulted a 24-year-old patient, Jane Doe, three times in May 2024.

Doe, who has bipolar and borderline personality disorders, was seeking treatment at the facility for suicidal thoughts. Despite reporting the assaults to a staff member via her roommate, no prompt action was taken, which resulted in Jane Doe being raped a third time.

The lawsuit also alleges Timberline Knolls falsely accused Doe of having a secret affair with a staff member and out of fear, she left the facility after less than two weeks. The lawsuit claims the assaults worsened her mental health condition, yet Hampton faces no criminal charges.

And remember, Timberline Knolls’ issues with sexually abusing patients goes back a number of years.

On August 21, 2018, Michael Jacksa, then a counselor at Timberline Knolls was arrested and charged with assaulting a 29-year-old patient at Timberline Knolls during two counseling sessions between May and June of 2018.

Jacksa was accused by patients of digitally penetrating their vaginas and buttocks, putting his hands beneath their clothing, fondling their breasts and forcing them to give him oral sex. During his first bond hearing, Jacksa reportedly admitted to police that he “probably went too far.”

This “probably went too far” conduct manifested itself by him being indicted for his reprehensible conduct directed toward a second victim. According to those charges, between Dec. 1, 2017 and Jan. 10, 2018, Jacksa was “treating” an out-of-state woman for eating disorders, anxiety and past sexual abuse. The patient alleges that Jacksa sexually assaulted her during four therapy sessions at Timberline Knolls. The prosecutor said the second woman came forward after seeing media reports.

According to the prosecutor, at least six other former patients from across the country contacted the Lemont Police Department stating that Jacksa engaged in “inappropriate sexual behavior” during their respective therapy sessions.

But the problems are more widespread.

According to media sources, 546 calls were made to authorities from Timberline Knolls from 2023 – 2024.

Dozens of 911 calls related to criminal sexual abuse or sexual assault at Timberline Knolls were made to authorities since 2018.

These facts are set forth in a CBS news report from the greater Chicago area:

With all of the numerous issues involving rape, sexual abuse, sexual assault, inappropriate behavior and lack of oversight, one would rightly believe that an organization with a systemic problem of horrific patient care, would at least temporarily close the facility and bring in an independent third party to study and review Timberline Knolls’ policies and procedures.

Acadia and Timberline Knolls did not do this.

Instead, Timberline Knolls has the audacity to hold itself out as having, “A Timberline Knolls Sexual Abuse Trauma Treatment Center for Women and Girls.”  That can be found here:

https://www.timberlineknolls.com/trauma-ptsd/sexual-abuse-treatment/

At this point, so many questions could be asked. Thousands of words could be used to describe the hellish operations of Timberline Knolls.

Instead, perhaps only one question needs to be posed …

DOES TIMBERLINE KNOLLS ONLY TREAT THE SEXUAL ABUSE TRAUMA CAUSED BY ITS OWN EMPLOYEES … OR DOES IT INCLUDE SEXUAL ABUSE PERPETRATED BY OTHERS?

ACADIA’S TRAIL OF VICTIMS

Recent articles highlighted the many legal and financial issues plaguing Acadia Healthcare. Upon further research, additional legal and financial issues have come to light.

Lawsuits

There are now at least three lawsuits filed by disgruntled, angry investors. These lawsuits claim as a matter of its business practices and on a corporate wide basis, Acadia perpetrated fraudulent acts and engaged in acts of misconduct and malfeasance.

The oldest lawsuit was filed in 2018 by the St. Claire County Employees Retirement System on behalf of themselves and a class of other investors. The lawsuit alleges that throughout and before the Class Period,  Acadia, its officers and Board of Directors engaged  in  a  scheme  to  defraud  and  mislead  investors  concerning  patient  care,  staffing  levels,  and  legal  compliance  issues. Acadia has vigorously defended the case.  The Court granted class certification and the case is expected to go to trial in 2025.

Two other cases were filed in October 2024 after: Acadia was eviscerated by the Senate Finance Committee in a damning report in June 2024; the New York Times published a comprehensive article evidencing that Acadia was committing many wrongful and/or unethical acts towards patients; Acadia agreed to pay a $19.8 million fine to the Department of Justice and three states; Acadia agreed to pay another $1.38 million to the United States because of Acadia’s misconduct directed toward employees, and; the Veteran’s Administration announced it is conducting its own investigation into Acadia.

These cases were filed against Acadia, its CEO and CFO and prior CEO and CFO.  Amongst other claims, the lawsuits allege misrepresentation and fraud.

If found liable, Acadia could be forced to satisfy judgments in the hundreds of millions of dollars.

Administrative Fines

In September 2024, Acadia agreed to pay $19.85 million dollars to the United States for knowingly submitting false claims for payment to Medicare, Medicaid and TRICARE for inpatient behavioral health services that were not reasonable nor medically necessary.

Acadia also agreed to pay $1,386,000 to the Securities Exchange Commission pursuant to a Cease and Desist Order entered on September 9, 2024. In this investigation, the SEC found that Acadia had, as a matter of its employment practices, violated rules permitting whistleblowers to receive a reward payment for reporting Acadia’s employment practices to the appropriate federal agency. Acadia also required some of its departing employees to waive their right to file a complaint with any federal government agency.

These provisions created impediments to participation in the SEC’s whistleblower program by requiring employees to forego either their right to file a complaint with the Commission staff or the financial award they might receive for doing so. Through this conduct, Acadia violated SEC Act Rule 21F17(a), which prohibits any person from taking any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation.

These agreements were signed by former employees 56 times between 2019 and 2023.

The Veteran’s Administration announced it was proceeding with its investigation into Acadia for violating laws pertaining to Tricare.

In May 2019, Acadia agreed to pay the federal government $17 million to settle allegations it defrauded Medicaid in West Virginia. The federal government alleged that a subsidiary [CRC Health, L.L.C.] of Acadia which owns seven drug addiction treatment centers in West Virginia, defrauded Medicaid over several years through false claims for laboratory tests related to the opioid epidemic.

Since 2000, Acadia has paid approximately $49,000,000 in fines to federal and state agencies for its egregious conduct.

Other Governmental Investigations

As previously stated, a Senate Committee Report and the New York Times (twice) eviscerated Acadia for its business practices.  On October 3, 2024, Adam Schiff, Senator-elect from the State of California, sent a letter on Congressional letterhead to Acadia demanding answers to eight (8) questions addressing a number of the improprieties.

One of these questions was, “Tim Blair, an Acadia spokesman, has publicly acknowledged that Acadia has deployed employees, referred to as “assessors,” throughout nearby hospital emergency rooms to support hospital staff. What specific services do assessors provide? What education-level and qualifications are required to work as an assessor? What specific training is provided to assessors by Acadia?”

The next day, October 9, 2024, Ron Wyden, Chair of the Senate Committee on Finance sent a letter to Attorney General Merrick Garland, requesting that the Department of Justice begin an investigation into the facts set forth in the Senate Report.

Private Lawsuits

In 2019, a lawsuit was filed against amongst other defendants, Acadia Healthcare. In that lawsuit, a guardian of an adolescent accused the Acadia companies of failing to protect a young girl under their care. The filing states that an employee of one of Acadia’s subsidiary companies repeatedly raped the child in 2018. The jury awarded the plaintiff $485 million dollars in damages.  Acadia initially stated it would challenge the jury verdict.

Instead, Acadia paid the plaintiff $400 million. $400,000,000.00!

There are at least four (4) lawsuits filed against Acadia and Timberline Knolls and criminal cases pending against Michael Jacksa, a former Timberline Knolls counselor.  Jacksa sexually assaulted at least six (6) patients at Timberline Knolls.

In 2018, Acadia through its wholly owned subsidiary, Ascent Children’s Health Services announced it was closing all ten (10) locations in the State of Arkansas. This closure displaced nearly 1700 children.

The closures were announced after the settlement of a Crittenden County Circuit Court civil lawsuit filed in July 2017 by Ashley Smith, mother of 2-year-old Christopher Gardner. Christopher died June 12, 2017, after being left in a transport van at the West Memphis facility for eight hours. Ascent workers signed documents showing that Christopher was taken inside the West Memphis day care center, even though he remained on the van.

Kendra Washington, Felicia Ann Phillips, Wanda Taylor and Pamela Lavette Robinson, all former Ascent employees were charged with felony manslaughter in Christopher’s death. 

In August of 2024, a civil case was filed alleging that one of Timberline Knolls employees raped a patient in May of this year. A law firm based in Indianapolis represents at least (7) patients who were abused at the hands of Acadia. At least three of these cases are pending in state courts in Indiana and substantiate the allegations made against Acadia.

Now, a former patient of Acadia from Texas has come forth. She alleges the same reprehensible conduct perpetrated by Acadia at other facilities was directed against her. And … I have the honor and privilege of co-counseling with that Indiana law firm to pursue her rights here in Texas.

For those who continue to deal with Acadia (as is your right), for those who continue to accept Acadia’s money, you may wish to review the definition of “dirty money.”

For that money came from patients who were wrongfully held against their will, from patients who were held for the sole purpose of increasing the profit margin of Acadia, from patients who did not receive adequate care or treatment, from patients who were abused and in some cases, sexually assaulted or raped. From patients who died at the hands of employees of Acadia.

And to those organizations which have accepted thousands of dollars from Acadia entities, organizations which have actual knowledge of Acadia’s wrongful conduct, organizations with so called ethics committees but who do nothing … NOTHING … to demand accountability or assess consequences … when you look into a mirror, that death mask reflected back is the visage of your acquiescence, your acceptance and your guilt.

YOU ARE GREATER THAN ANY POLITICAL PARTY

So, it is the day after Election Day…

If Vice President Harris had won, my day would look like …

  1. Wake up;
  2. Go into the next room and get met by a 10 month old Vizsla acting like he had not seen me in 5 years;
  3. Drink coffee and a banana;
  4. Take that supercharged energy dog to the dog park;
  5. Talk to some kind human souls at the dog park and revel in watching Beauregard as he experiences the simple joy of running and love of life shown as he runs as fast as he can … without a care in the world;
  6. Smile when I think of a grandson being born in April;
  7. Come home and then off to the grocery store;
  8. Come home again and start to fix some turkey soup using turkey bones and meat left over from a Christmas in July party;
  9. Catch Beauregarde sneaking into the kitchen as the smell of turkey starts to permeate the air and relegate him to being outside;
  10. Think of the few people I have helped in the eating disorder community … which makes me smile … and yet at times, puts a tear down my face;
  11. See what life will serve up next.

If Former President and now President-Elect Trump won, my day would look like …

  1. Wake up;
  2. Go into the next room and get met by a 10 month old Vizsla acting like he had not seen me in 5 years;
  3. Drink coffee and a banana;
  4. Take that supercharged energy dog to the dog park;
  5. Talk to some kind human souls at the dog park and revel in watching Beauregard as he experiences the simple joy of running and love of life shown as he runs as fast as he can … without a care in the world;
  6. Smile when I think of a grandson being born in April;
  7. Come home and then off to the grocery store;
  8. Come home again and start to fix some turkey soup using turkey bones and meat left over from a Christmas in July party;
  9. Catch Beauregarde sneaking into the kitchen as the smell of turkey starts to permeate the air and relegate him to being outside;
  10. Think of the few people I have helped in the eating disorder community … which makes me smile … and yet at times, puts a tear down my face;
  11. See what life will serve up next.

Naturally, social media today is filled with people bemoaning last night as they fearfully look toward the future.

Fear.  There is that word “fear.”

In the horrible 2013 movie, After Earth, the character played by Will Smith (pre-slap Chris Rock) said this about fear:

“Fear is not real. It is a product of our imaginations. The only place that fear can exist is in our thoughts about the future”. He continues, “That is near insanity! Now do not get me wrong, Danger is very real. But fear is a choice”

Truer words were never spoken.

I am not a political animal nor do I define myself by which party I voted for. Nor do I judge someone by whom they voted for in the last election.

The herd mentality can be so harmful … and so deceiving. The legacy media has stoked this mentality through its own agenda. We are sorted into our respective tribes much like the sorting hat in the Harry Potter movies. That reality then turns into an echo chamber where we are surrounded by only those voices which are the same as our own. We stop critical thinking because we do not listen to, nor respect, intelligent opinions which differ from ours. And in doing so, in embracing that tribal mentality, we diminish ourselves.

We start to identify ourselves only by the requirements and demands of our tribe. And woe be unto those who express their uniqueness, their special individuality and who refuse to be placed into a box dictated by the demands of a tribe.

Whether your candidate won or lost, you as a person, as a soul, are so much more than that politician or the demands and policies of a political party. Do not let a political party dictate your identity. You are so much greater than that.

Regardless of who won or lost, the sun will rise again tomorrow. I will take that Wood-Headed rascally dog out to the dog park. I will feel such joy watching him run, watching him do what he was meant to do during his far too brief existence on this rock.

I will revel in the anticipation of a new grandbaby.

I will love.

I will laugh.

I will experience joy.

I will bask in the sun.

I will live.

I hope you join me on that journey.

APOLOGIES

In a recent article addressing the on-going issues at Acadia Healthcare, I referenced an event hosted by “Renewed, Eating Disorders Support” based in Tennessee. The co-host and presenter was Acadia Healthcare.

Even though I did not name the presenters, I did note the keynote talk was entitled, “Adventures in Treating Eating Disorders: Sharing Wisdom from a Cumulative 75 years of Practice.” 

I was recently contacted by one of the presenters of the keynote. She asked some very direct, poignant questions, questioned the reasons behind the inclusion in the article of that particular talk and why not others. She came across as a strong, intelligent, direct professional. She did what very few people in the community have had the courage to do.

She immediately gained my respect.

And after reviewing the article and the points raised by her, I concluded I was in the wrong.

So, to Ovidio Bermudez and Reba Sloan, the co-presenters of that keynote talk, I extend my deepest apology and hope that you can accept it.

I have personally known Ovidio for a few years. For that matter, who doesn’t know Ovidio? He is a giant in the community. I have had the privilege of sitting down with him on more than one occasion in social settings. We have discussed cigars, chess, our granddaughters, fishing and life in general. My respect for Ovidio is immense.

Reba, I have not met. But she did something that very few people in the community have had the courage to do.  She reached out to me directly and engaged with me in a professional, no-nonsense communication. She told me about her background and how hard she has been fighting for people suffering.  She explained why the article should not have included the talk. She was 100% correct.

When I investigated further, I discovered that Reba is the co-founder of the Eating Disorders Coalition of Tennessee/Renewed… the host of that event. And clarity became even greater. Reba was fighting for and defending that which she brought into the community… as any good founder would.

Ovidio and Reba are not connected with Acadia Healthcare. They were presenting at an event where Acadia was listed as the primary sponsor and presenter. My inclusion of the title of their presentation was obviously not thought through well enough.

I will certainly not make any excuses for this lapse in judgment.  I believe that proffered excuses only diminish the sincerity of an apology.

And so, apologies. No excuses. No attempts to explain or cast a better light. Simply …

My apology.  

$19.85 MILLION, KARMA AND THE HMS ACADIA

Karma is a Sanskrit word meaning “action.” Generally, we understand it to mean the consequences of one’s actions. The word “karma” is commonly used to indicate bad karma, and the word “merit” is often used to indicate good karma. The law of karma is best described as “cause and effect” because every action (or cause) has a corresponding consequence (or effect). If you plant good causes, you will reap good effects, and if you plant bad causes you will reap bad effects.

There have been many quotes about karma.  “Karma is a cruel mistress.” “For the keynote of the law of karma is equilibrium, and nature is always working to restore the equilibrium whenever through man’s acts it is disturbed.”

Karma comes at unexpected times and in unexpected ways.  Case in point, recent statements made by Christopher Hunter, the current CEO of Acadia Healthcare. In August, in response to a question about the recent damning Senate Committee report about Acadia, Mr. Hunter stated: “Yes. I would say we just haven’t seen any real impact from the Senate hearing in the report. … And so, it’s also not overly material from a financial standpoint to begin with.”

About six weeks after Mr. Hunter’s heartless statement, the Justice Department announced that Acadia agreed to pay $19.85 million to settle an investigation into Acadia.

The United States contended that between 2014 and 2017, Acadia knowingly submitted false claims for payment to Medicare, Medicaid and Tricare for inpatient behavioral health services that were not reasonable or medically necessary. In particular, the United States contended that Acadia admitted beneficiaries who were not eligible for inpatient treatment and failed to properly discharge beneficiaries when they no longer needed inpatient treatment and had improper and excessive lengths of stay.

The United States further alleged that Acadia knowingly failed to provide adequate staffing, training and/or supervision of staff, which resulted in assaults, elopements, suicides and other harm resulting from these staffing failures. In addition, Acadia allegedly failed to provide inpatient acute care in accord with federal and state regulations, including, but not limited to, by failing to provide active treatment, to develop and/or update individualized assessments and treatment plans, to provide adequate discharge planning and to provide required individual and group therapy.

Despite this punitive payment and financial hit, Mr. Hunter had this to say, “The allegation that Acadia systematically holds patients longer than medically necessary is false and goes directly against everything we do and stand for when it comes to patient care.”

It is curious that Mr. Hunter believes those claims to be false after Acadia agreed to pay almost $20 million to make those claims go away.

Of course, karma was just beginning for Mr. Hunter. Since Mr. Hunter focuses on the financial bottom line alone, we can assume he must be greatly concerned that Acadia’s stock hit a 52-week low of $42.56 on October 31, 2024. Acadia shares are down more than 44% since the beginning of the year. In fact, Acadia’s stock price has not been this low since November 2020.

Even still, karma was not through with Mr. Hunter. In September 2024, the Justice Department and Inspector General, through Robert DeConti, the inspector general’s chief counsel, stated that the $20 million settlement does not impede investigators from exploring allegations regarding more recent activities.

And so, on September 27, 2024, Acadia disclosed that it received a request for information from the U.S. Attorney’s Office for the Southern District of New York, a grand jury subpoena from the U.S. District Court for the Western District of Missouri, and that it expects similar requests from the U.S. Securities and Exchange Commission related to the Company’s patient admissions, as well as its length of stay and billing practices.

On October 18, 2024, the New York Times published an article titled “Veterans Dept. Investigating Acadia Healthcare for Insurance Fraud.” The article stated that the Veterans Affairs Department is investigating whether Acadia is defrauding government health insurance programs by holding patients longer than is medically necessary. The New York Times also stated that several former Acadia employees in Georgia and Missouri have also been interviewed by agents from the F.B.I. and the inspector general’s office of the Health and Human Services Department. 

In a separate press release, Acadia Healthcare said the company is cooperating fully with authorities in response to that on-going government investigation.

Naturally, Mr. Hunter a/k/a Captain Smith continued to steer the HMS Acadia toward the iceberg. In addressing these reports, he stated they are inconsistent with Acadia’s policies and do not reflect the medical complexities involved in behavioral healthcare. Dear Captain Smith… An organization is defined by its conduct, not by its CEO’s words.

Karma had one last present for Mr. Hunter. Acadia, its former CEO, its current and former Chief Financial Officers, and of course, Christopher Hunter were all named as defendants in a recent class action lawsuit filed in Tennessee. Acadia, Mr. Hunter and the other defendants were sued for allegedly violating securities laws following Acadia’s September 27, 2024 announcement about the federal grand jury subpoena.

Not coincidentally, Acadia’s stock price fell 16% alone on September 27, 2024, wiping out over $1 billion in market capitalization.

$1 billion in market capitalization.

It gets worse.  When Captain Smith was brought aboard the HMS Acadia on April Fool’s Day in 2022, the market capitalization of Acadia was $6.04 BILLION.  Market capitalization is regarded as the most accurate value of a publicly listed company.  What was Acadia’s market capitalization at the close of business Friday, November 2, 2024? $3.9 billion. So, after ramming into the side of the iceberg, Mr. Hunter/Captain Smith steered the HMS Acadia to a $2.14 BILLION dollar, 35% loss in the company/stock value.

As the HMS Acadia fills with water and starts to list, we are certainly justified in asking Mr. Hunter / Captain Smith, “Is it overly material now … that is, from a financial standpoint to begin with?”

Karma can be oh so cruel.

And as the HMS Titanic plunges toward the bottom of the icy ocean, shouldn’t families, patients and people suffering from any mental illness ask themselves, “why in the world would I subject myself to the HMS Acadia after it plowed into the iceberg and is sinking to the bottom of the North Atlantic?”

Get someone else to rearrange the deck chairs.

LIFE AND DEATH

Eight years ago today, Martha (Morgan’s mom) and I were forced to endure perhaps the worst personal tragedy any parent can face. I remember every second, of every minute, of every hour of that horrific dark night.

For us, it will always be a personal tragedy. But the world, and all of Morgan’s friends, have moved on.  As they rightly should. And seeing that, I get comfort knowing that so many of Morgan’s friends are embracing life … as she could not. And so …

This year, there is no “call to arms.”

This year, there is no inspirational message to share.

This year, there is no personal story of Morgan’s to share.

None of Morgan’s messages from her journals.

This year … there is simply life … and death.

Consequences and Ramifications?

On October 25, 2024, Acadia Healthcare is hosting and presenting the event, the 20th Annual Renewed Eating Disorder Conference in Nashville, Tennessee.

First, by all accounts, the organization, “Renewed, Eating Disorders Support” does good work in the State of Tennessee. No vitriol is directed at them … other than addressing their host and presenter of the event at issue.

The event’s keynote address is entitled, “Adventures in Treating Eating Disorders: Sharing Wisdom from a Cumulative 75 years of Practice.” The overview of this talk includes: “The overall goal of this presentation is to provide eating disorder practitioners from all disciplines and all levels of experience valuable knowledge and insight to enhance their effectiveness.”

So, with that in mind …

Is this the talk where practitioners from all disciplines learn that raping and/or sexually abusing patients is a bad thing?

Or is this the talk where practitioners from all disciplines learn that residential treatment centers can employ persons who allegedly commit rape and/or sexual assault but so long as the bottom line is not negatively impacted, you can ignore the rape and/or sexual assault and not be transparent about it?

Or is this the talk where practitioners from all disciplines learn that treating eating disorders is expensive because it demands the highest level of skill from experienced treatment providers? But since that impacts the bottom line too much, you get out of the eating disorder treatment field and adopt an addiction focused regiment which is far less expensive to implement?

Or is this the talk where practitioners from all disciplines can learn that even though a scathing Senate Committee Report was published which eviscerates your organization, so long as it doesn’t impact you from a financial standpoint, that Report is simply not material?

With all of the recent controversies and issues surrounding Acadia, aren’t we justified in believing that reputable eating disorder organizations would shy away from sponsoring or supporting any event in which Acadia is involved? After all, there is precedent. In 2019, after the Timberline Knolls – Jacksa abusive misconduct came to light, NEDA returned a $10,000 donation Timberline Knolls had made. Surely, because of Timberline Knolls and Acadia’s recent issues, in order to show support for the victims of misconduct and criminal behavior and to make a loud statement against grossly negligent entities, organizations would withdraw their sponsorship and pull out of that event.

Instead, let’s look at the sponsors listed for the October 25th event:

Within

ACUTE Center for Eating Disorders and Severe Malnutrition


Alsana


Blue Ridge Eating Disorder Care Center


Center for Change


Eating Recovery Center and Pathlight Mood & Anxiety Center


Equip


Focus Treatment Centers


Healing at Hidden River


Koru Spring


Laureate Eating Disorders Program


Monte Nido


Odyssey Eating Disorder Network


Rogers Behavioral Health


SunCloud


The Emily Program


The Renfrew Center

Like Captain Renault’s quote in the movie Casablanca, “round up the usual suspects,” we see the usual list of corporate entities in the eating disorders field.  

It would appear as if no one … absolutely NO ONE … demands accountability or seeks to impose consequences for reprehensible conduct. So long as money continues to be the primary motivator for the owners of treatment centers, apparently there will be no demand for repercussions for bad behavior. And as a result, the families who are suffering are further victimized. Patients, loved ones, being sexually abused and/or raped by employees. Our most vulnerable population being preyed upon.

And all we hear is silence.

Where is the integrity?

Where is the dignity of human life?

Where is the placing the needs of the patient and families who suffer from this illness first and foremost?

I don’t think I have ever been more disgusted with the eating disorder community. So, some people may wonder why don’t I just leave then?

I don’t have much of a choice.  In 6 days, I will mark 8 years since my daughter, Morgan died.  That personal tragedy put me on this path … this macabre journey which has exposed corruption and dysfunction far greater than any I exposed or experienced in 40 years of practicing law.

I also strongly believe the memory of my daughter, and the memory of others who have died from this insidious illness have been soiled by not just the bad actors in the community, but those who refuse to stand up against the bad actors in the community.

By those who refuse to take a stand. By those who just conduct business as usual. By those who refuse to draw a line in the sand and say, “No more will we stand with those who hurt our most vulnerable population.”

Until then, the message being sent by this community is … a healthy return of investment to Acadia’s shareholders is far more important than providing life-saving care and preserving the dignity of life.

If you are not disgusted and sickened, you should be.

Marketers: What You Need to Know About Negligent Referral

Negligent referral is a cause of action in Texas (and in many states) which assesses liability against a person who refers another to the care and treatment of an incompetent third party and that third party causes harm to the person referred. Ordinarily, the referral itself is not enough. You must have know, or should have known, of incompetency or some other triggering factor which causes the negligence to manifest itself.

Knew or should have known of damning information.

In short, if you know, or in the exercise of reasonable care, you should have known of some damning information or evidence perpetrated by an entity, and you refer someone to that entity without disclosing that information, you could be liable should that person be harmed.

The shortest version? “It could be yo’ ass.”

Which brings us once again to Timberline Knolls.

Timberline Knolls and Acadia use marketers throughout the United States. In my time in the community, I have had the privilege of getting to know several of their marketers.  Most all are personable and very likeable.

But being upbeat, likeable and personable must always take a backseat to being responsible, transparent and placing the needs of the population you serve first and foremost.

And so, arises duty. The duty of honesty. The duty to disclose. The duty to investigate. The duty to place the needs of families suffering from eating disorders above your own wants or perceived needs.

As a marketer, families have the right to know, and (in my legal opinion) you have the duty to disclose:

  1. A patient of Timberline Knolls claims to have been raped in May and that when first reported, the staff at Timberline Knolls did nothing.
  • That patient has filed a lawsuit against Timberline Knolls.
  • A former employee of Timberline Knolls, Michael Jacksa was indicted for sexually abusing six (6) former patients at Timberline Knolls in 2019.
  • CBS News Chicago Investigators stated that a record of 911 calls for service to Timberline Knolls showed dozens of calls related to criminal sexual abuse or sexual assault since 2018.
  • The Lemont Police Department stated that it had received 546 calls for service from Timberline Knolls from 2023 – 2024.
  • Since 2020, [after Jacksa] the Lemont Police Department claims to have received reports from patients saying they had been sexually assaulted or abused, many of whom were juveniles.
  • The New York Times published a report indicating that Acadia Healthcare allegedly held patients longer than was necessary and often against their will at certain facilities. The report also claims Acadia trumped up patient symptoms in reports to payers to extract more reimbursement.
  •  The United States Senate Committee on Finance conducted a two-year study of four major companies, including Acadia, providing mental health services to children and adolescents and found numerous alarming issues. 

These issues are material and relevant to a family vetting a place of healing with whom they entrust their beloved family member.

As a marketer, you can probably get away with not disclosing that the CEO of Acadia looks upon a family’s loved one as part of a “difficult population,” and that Acadia intends to simply let “the people that deal with this population” handle the many troubling issues. Notwithstanding that those are the people contributing to the very problems.

But as of now, as marketers, and whether you market to families, primary care physicians, or any third parties, you are on notice of the many problems at Timberline Knolls.  You cannot claim nor feign ignorance.

You have a strong, undelegable duty.

If you choose to continue to conduct business as usual and one of the souls you are responsible for referring is harmed by substandard care or by predators, you could be liable.

Govern yourself accordingly.

$$$

“And so it’s also not overly material from a financial standpoint to begin with.”

            Chris Hunter, CEO, Acadia Healthcare, August 1, 2024

Mr. Hunter’s statement was made to investors at an Acadia quarterly meeting. The statement pertains to Acadia’s response to a scathing report issued by the Senate Committee on Finance.

The question and answer were as follows:

Ben Hendrix

“And just if I could ask 1 on the legislative and regulatory backdrop. Your peer, UHS, noted little fallout to date regarding the Senator Wyden investigation into RTC. So I was just wondering kind of what you’re preparing for or expecting could come down the line from a legislative perspective, whether it be transparency, oversight, minimum staffing, et cetera?”

Chris Hunter

“Yes. I would say we just haven’t seen any real impact from the Senate hearing in the report. I think we believe that the people that deal with this patient population every day, and that certainly includes our referral sources, as well as the various regulatory oversight bodies that are routinely in these facilities, understand that this is just a really difficult population. I think they also understand that our facilities are providing high-quality care to this population, and we demonstrate that routinely with the outcomes that we’re able to achieve. And so we just haven’t seen impact. I’d also point out that our RTC business is small. We only operate 9 facilities. It’s about 11% of our revenue. And so it’s also not overly material from a financial standpoint to begin with.”

This statement was made on August 1, 2024.

Mr. Hunter’s statement was made approximately six (6) weeks after a scathing report was issued by the Senate Committee on Finance. A few of the more alarming conclusions were as follows:

  • Children suffer routine harm inside Residential Treatment Facilities (“RTF”). The risk of harm to children in RTFs is endemic to the operating model. 
  • Horrific instances of sexual abuse persist unremediated inside RTFs. 
  • RTFs often employ unqualified or inadequately trained staff and that staff routinely fail to discharge their duties. RTF staffing failures have led to tragic incidents, including child fatalities, and childrens’ repeated exposure to risk. 
  • State and federal oversight authorities fail to effectively identify and address harm to children in RTFs. When RTFs correct deficiencies, their efforts are remedial rather than company wide.

Mr. Hunter made this statement after he knew or should have known of the existence of 194 pages of statements made by victims, parents and former employees of residential treatment centers. These 194 pages are embedded here:

Click to access survivor_testimony_submitted_into_the_record_by_chairman_wyden_during_hearing.pdf

Mr. Hunter made this statement after he knew or should have known a patient in Timberline Knolls was allegedly raped three (3) times by an employee of Timberline Knolls in May 2024. These alleged rapes were reported to the staff at Timberline Knolls that same month.

Mr. Hunter made this statement even though a record of 911 calls for service to Timberline Knolls obtained by CBS News Chicago Investigators showed dozens of calls related to criminal sexual abuse or sexual assault since 2018.

Mr. Hunter made this statement even though the Lemont Police Department stated that it had received 546 calls for service from Timberline Knolls from 2023 – 2024.

Mr. Hunter made this statement even though on at least eight occasions since 2020, the Lemont Police Department received reports from patients saying they had been sexually assaulted or abused, many of which involved juveniles.

I have not yet verified the veracity of the statements from the Lemont Police Department nor the Chicago CBS News Investigators. But what incentive would they have to prevaricate?

“And so, it’s not overly material from a financial standpoint to being with.”

With the reports and allegations of abuse from third parties, I can scarcely envision a more damning statement proving that patient safety takes a back seat to profits.

546 calls for service from Timberline Knolls from 2023 – 2024.

Dozens of 911 calls related to criminal sexual abuse or sexual assault at Timberline Knolls since 2018.

194 pages of statements made by victims, parents and former employees of residential treatment centers.

At least 1 daughter raped three times by an employee of Timberline Knolls before Mr. Hunter’s statement.

“And so, it’s not overly material from a financial standpoint to being with.”

Acadia and its feckless CEO are evaluating human suffering utilizing a measuring stick marked with dollars and cents alone.

And they have determined that human suffering, assaults, rapes, and egregious conduct are not material if they do not impact the bottom line.

From a financial standpoint.