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Susan N. Goodman, RN JD Honorable Frank L. Kurtz Pivot Health Law, LLC P.O. Box 69734 Oro Valley, AZ 85737 Ph: (520) 744-7061 Email: [email protected] Patient Care Ombudsman

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF WASHINGTON

In re: ASTRIA HEALTH, et.al. 1

Debtors in Possession,

Chapter 11 Lead Case No. 19-01189 FLK Jointly Administered MONTHLY FEE APPLICATION OF SUSAN N. GOODMAN, OMBUDSMAN, FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD SEPTEMBER 1—30, 2019

1. Susan N. Goodman (the “PCO”) submits her Monthly Fee Application (the

“Application”) for Allowance and Payment of Interim Compensation and Reimbursement of Expenses

for the Period September 1, 2019 through September 30, 2019 (the “Application Period”) for work

performed as the Healthcare Ombudsman. In support of the Application, the PCO respectfully

represents as follows:

1 The Debtors, along with their case numbers, are as follows: Astria Health (19-01189), Glacier Canyon, LLC (19-

01193), Kitchen and Bath Furnishings, LLC (19-01149), Oxbow Summit, LLC (19-01195), SHC Holdco, LLC (19-

01196), SHC Medical Center-Toppenish (19-01190), SHC Medical Center-Yakima (19-01192), Sunnyside Community

Hospital Association (19-01191), Sunnyside Community Hospital Home Medical Supply, LLC (19-01197), Sunnyside

Home Health (19-001198), Sunnyside Professional Services, LLC (19-01199), Yakima Home Care Holdings, LLC (19-

01201), and Yakima HMA Home Health, LLC (19-01200).

19-01189-FLK11 Doc 708 Filed 10/24/19 Entered 10/24/19 13:21:15 Pg 1 of 10

Email:%[email protected]

Email:%[email protected]

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1901189191024000000000001

Docket #0708 Date Filed: 10/24/2019

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2. Susan N. Goodman is the Healthcare Ombudsman and hereby applies to the Court for

allowance and payment of interim compensation for services rendered and reimbursement of expenses

incurred during the Application Period.

3. The PCO billed a total of $35,175.00 in fees and $4,004.62 in expenses during the

Application Period. The total fees represent 93.8 hours expended during the period covered by this

Application. These fees and expenses break down as follows:

Period Fees Expenses Total

September 1-30, 2019 $35,175.00 $4,004.62 $39,179.62

4. Accordingly, PCO seeks allowance of interim compensation in the amount of a total of

$32,144.62 at this time. This total is 80% of the total fees for services rendered ($28,140.00) and 100%

of the expenses paid.

5. For the post-petition period, PCO has been paid to date as follows:

Application Period Amount Description

June 17 to July 31, 2019 $31,130.00 Monthly Fee Application

6. To date, PCO is owed as follows (excluding those amounts owed pursuant to this

Application):

Application Period Amount Owing (80% fees/ 100% expenses)

Description

Total Owed to PCO to Date $12,960.14 June 17 to July 31, 2019 = $0.14

August 1-31, 2019= $12,960.00

7. PCO is the only professional who performed services in connection with this Chapter

11 case during the period covered by this Application. The breakdown of PCO hours, by month, is

attached as Exhibit A. Attached as Exhibit B are the detailed invoices showing the time and expenses

for the Application Period.

8. Pursuant to this Court’s August 6, 2019 Order on Debtors’ Motion Establishing Procedures for

Monthly and Interim Payment of Fees and Expense Reimbursement [Docket No. 453] (the “Interim Payment


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Order”), PCO has served a copy of this Application on Debtors, counsel to the Debtors, counsel to the

Official Committee of Unsecured Creditors (the “Committee”) appointed in this Chapter 11 Case,

counsel to the secured creditors, and the Office of the United States Trustee (the “US Trustee”)

(collectively, the “Noticed Parties”). The Application was mailed by first class mail, postage prepaid, on

or about October 24, 2019 to the addresses noted in Exhibit C.

9. Pursuant to the Interim Payment Order, the Debtors are authorized to make the

payment requested herein without a further hearing or order of this Court unless an objection to this

Application is filed with the Court and served upon the Noticed Parties within fourteen (14) calendar

days after the date of mailing of the Notice of this Application. If such an objection is filed, the

Debtors are authorized to pay 80% of the uncontested fees and 100% of the uncontested expenses

without further order of the Court. If no objection is filed, the Debtors are authorized to pay 80% of

all fees requested in the Application and 100% of all expenses requested in the Application without

further order of the Court.

10. The interim compensation and reimbursement of expenses sought in this Application is

not final. Upon the conclusion of this Chapter 11 Case, the PCO will seek final approval for the fees

and reimbursement of the expenses incurred for the totality of the services rendered in this case. Any

interim fees or reimbursement of expenses approved by this Court and received by PCO will be

credited against such final fees and expenses as may be allowed by this Court.

WHEREFORE, the PCO respectfully requests that the Debtors pay compensation to Pivot

Health Law, LLC on her behalf as requested herein pursuant to and in accordance with the terms of the

Interim Payment Order.

DATED: October 24, 2019 By: /s/ Susan N. Goodman, AZ Bar # 019483

Pivot Health Law, LLC P.O. Box 69734 Oro Valley, AZ 85737 Ph: (520) 744-7061 [email protected]


https://pivothealthaz-my.sharepoint.com/personal/sgoodman_pivothealthaz_com/Documents/PIVOT%20LAW/ICD%2010/BK/Astria%20Health%20ED%20WA%20Yakima%2019-01189/Fee%20Statements_Apps/[email protected]

https://pivothealthaz-my.sharepoint.com/personal/sgoodman_pivothealthaz_com/Documents/PIVOT%20LAW/ICD%2010/BK/Astria%20Health%20ED%20WA%20Yakima%2019-01189/Fee%20Statements_Apps/[email protected]

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RATE/HR

HOURS

BILLED

$375.00 93.8

$28,140.00

N/A $4,004.62

$32,144.62

$7,035.00

$39,179.62

$35,175.00

$4,004.62

TOTAL FEES

TOTAL COSTS

AMOUNT DUE

$17,077.50 $27,210.00 $3,920.00

HOLDBACK

7-Nov-19

Sep-19 SUSAN N. GOODMAN $35,175.00 $7,035.00 $28,140.00

EXHIBIT A

Fee Statement Summary

Case Name: Astria Health

09/01/2019 to 9/30/2019

Cumulative Totals to Date

Date: 24-Oct-19 Objection Deadline:

Case No: ED WA Yakima 19-01189

MO/YR PROFESSIONAL AMT DUETOTAL

FEES BILLED COSTS BILLED HOLDBACK FEES PAID COSTS PAID

$85,387.50 $7,924.76


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EXHIBIT B Itemized Invoice


Invoice

Invoice Date: 10/4/2019Invoice #: 1018

Bill To:Astria HealthED WA YakimaCase No. 19-01189

Pivot Health Law, LLCP.O. Box 69734Oro Valley, AZ 85737

Period September 1 - 30, 2019

Total

Balance Due

Payments/Credits

Date Description Hours/Qty Rate Amount

9/1/2019 Hearing calendaring 0.1 375.00 37.509/3/2019 Attempted follow up Radiology re current state;

docket review relative to PCO role re physiciandeparture/stay issues for clinical impact

0.3 375.00 112.50

9/4/2019 Check in DON; calendaring r/t docket; EMLCRO; review MD notice claim;

0.4 375.00 150.00

9/5/2019 Call with Dentons atty re First Monthly Fee Apptravel (NC); manage docket (.2); manage travelchanges

0.4 375.00 150.00

9/9/2019 Docket declaration no objections to firstmonthly fee stmt

0.2 375.00 75.00

9/9/2019 Quality data review and analysis fromdocuments loaded to ShareFile -

4.4 375.00 1,650.00

9/9/2019 discussion re data analysis and questions withquality team member

1 375.00 375.00

9/9/2019 follow up facility director re PMs 0.3 375.00 112.509/9/2019 Prepare second monthly fee application 1 375.00 375.009/10/2019 Update call with UST and follow up EML 0.6 375.00 225.009/10/2019 Staff follow up re coverage, census, open

positions0.3 375.00 112.50

9/11/2019 Prep and call with Regional Quality teammember to discuss data gaps in QAPI, coremeasures, and other quality indicator tracking;follow up analysis re remote monitoring givenchallenges in this area

1.9 375.00 712.50

9/12/2019 Docket review relative to PCO role; reviewstate pharmacy minimum regulations; file andnotice second monthly fee app

1.5 375.00 562.50

9/13/2019 Follow up calls r/t assessment of timing of sitevisit (multiple)

1.4 375.00 525.00

9/15/2019 1/2 rate non working travel TUS -PHX-PDX-Yakima

4.5 375.00 1,687.50

9/15/2019 Draft report shells for Sunnyside andToppenish

0.4 375.00 150.00

Page 1


Invoice





Total

Balance Due

Payments/Credits


9/16/2019 Site visit #2 - Regional (ICU; Lab; OR; CardiacRehab; Physician and APRN interviews; Rad;Hearing/Speech; EVS; nursing)

10.9 375.00 4,087.50

9/16/2019 docket management and notice changes remotion/order withdraw

0.2 375.00 75.00

9/17/2019 Astria SV 2 - Regionalgeography(Facilities/Biomed; SPD; TerraceHeights; Ahtanum Ridge; MD interviews(hosp/clinic); Quality; Cath Lab; Sister Fay;HIM; Nsg Flr)

11.1 375.00 4,162.50

9/17/2019 1/2 rate NW travel from hospital to clinics andback throughout day

0.5 375.00 187.50

9/18/2019 SV 2 (therapies; mammo; f/u lab; f/u biomed;nursing; resp tx nights; f/u clinic mgrs; ToppDON; clinical units; pt and clinician interviews;materials)

10.6 375.00 3,975.00

9/19/2019 SV 1/2 rate NW travel to Sunnyside clinics andYakima

0.8 375.00 300.00

9/19/2019 Lincoln /Miller Ave clinics - staff and clinicianinteraction; process review

2.6 375.00 975.00

9/19/2019 SV 2705 Lincoln Ave and VIM clinics; 2.3 375.00 862.509/19/2019 Site visit 2 - oncology clinic; specialty clinic;

hospital interaction ED, radiology, women's ctr;EVS; clinician and staff inteviews; outpatienttherapies (.2 is 1/2 rate travel on .5)

7.3 375.00 2,737.50

9/20/2019 Regional warehouse visit; toppenish hospitaldepts; clinic and hospital physician and APRNinterviews; Regional night shift check in clinicaldepts and respiratory

9.9 375.00 3,712.50

9/20/2019 1/2 rate NW travel to supply warehouse;Toppenish; Regional

0.6 375.00 225.00

9/21/2019 Clinician feedback phone call 0.5 375.00 187.50

Page 2


Invoice





Total

Balance Due

Payments/Credits


9/22/2019 Site visit Regional Nights - ED (PhysicianInterview); Resp Tx; ICU; ACU; Dave withMaintenance;

2.9 375.00 1,087.50

9/23/2019 Site Visit Sunnyside: maintenance; biomed;materials; ANS; cath lab; OR Director; ICUDirector; M/S Director; Case Mgmt; Women CtrDirector; ED team (physician/PA0; Quality/Risk;Rad Dir; Radiologist; Lab Director; GenSurg/Wound clinicians; CRO debrief

10.5 375.00 3,937.50

9/24/2019 1/2 NW travel Yakima to SEA 1.5 375.00 562.509/24/2019 Stop by Summitview Clinic; follow up calls

materials and physician0.9 375.00 337.50

9/25/2019 Draft and file 2015.1 notice (second) 0.6 375.00 225.009/26/2019 CRO follow up EMLs 0.2 375.00 75.009/27/2019 Anonymous clinical call re concerns with on call

and staffing coverage0.6 375.00 225.00

9/30/2019 Prepare expense portion of exhibit B forSeptember; docket management (MORs andwithdrawal atty notice updates)

0.6 375.00 225.00

Subtotal Professional Fees 35,175.00

8/22/2019 1st Fee Stmt POSTAGE 0.90 0.909/7/2019 Southwest Airlines - AIRFARE (split x3 return)

SV 2199.00 199.00

9/7/2019 Southwest Airlines AIRFARE - Astria SV 2 486.98 486.989/12/2019 Astria 2nd Mo Fee App Mailing 3.30 3.309/15/2019 Astria SV 2 - MEALS (Peet's Coffee) 3.86 3.869/15/2019 Astria SV 2 - MEALS (Cousins Restaurant) 19.58 19.589/16/2019 Astria SV 2 - MEALS (Jean's Cottage) 19.12 19.129/17/2019 Astria SV 2 - MEALS (Hilton Garden Inn) 17.01 17.019/18/2019 Astria SV 2 - MEALS (Mak Daddy Coffee

Roasters)10.55 10.55

9/18/2019 Astria SV 2 - MEALS (Grizzly Espresso) 3.50 3.509/18/2019 Astria SV 2 - MEALS (Hilton Garden Inn) 11.66 11.66

Page 3


Invoice





Total

Balance Due

Payments/Credits


9/19/2019 Astria SV2 - MEALS (Maverick #428) 6.69 6.699/19/2019 Astria SV 2 - MEALS (Hilton Garden Inn) 15.98 15.989/20/2019 Astria SV 2 - HOTEL (partial - Hilton Garden

Inn)1,111.98 1,111.98

9/20/2019 Astria SV 2 - CAR RENTAL (fuel Chevron) 34.33 34.339/20/2019 Astria SV 2 - PARKING FEES/TOLLS (Hilton

Garden Inn)50.00 50.00

9/20/2019 Astria SV 2 - MEALS (Starbucks) 3.52 3.529/21/2019 Astria SV 2 - MEALS (McGlinns Public House) 52.82 52.829/22/2019 Astria SV 2 - MEALS (Bob's Burgers) 24.29 24.299/22/2019 Astria SV 2 - MEALS (Hilton Garden Inn) 13.32 13.329/23/2019 Astria SV 2 - MEALS (Sunnyside Hospital) 1.50 1.509/23/2019 Astria SV 2 - MEALS (Outback) 20.79 20.799/24/2019 Astria SV 2 - AIRFARE (split 3 ways) -

REVISED RETURN199.00 199.00

9/24/2019 Astria SV 2 - HOTEL (Hilton) 892.70 892.709/24/2019 Astria SV 2 - CAR RENTAL (Chevron fuel) -

top tank SEA9.83 9.83

9/24/2019 Astria SV 2 - CAR RENTAL (fuel Chevron) 43.52 43.529/24/2019 Astria SV 2 - CAR RENTAL (National) 782.61 782.619/24/2019 Astria SV 2 PARKING FEES/TOLLS (Hilton

Garden Inn)40.00 40.00

9/24/2019 Astria SV 2 - MEALS (Starbucks) 17.28 17.289/26/2019 Astria SV 2 AIRFARE refund (split x3) -199.00 -199.009/27/2019 Astria SV 2 - PARKING FEES/TOLLS (PHX

Airport)108.00 108.00

Subtotal Reimbursable Expenses 4,004.62

Page 4

$39,179.62

$39,179.62

$0.00


EXHIBIT C

Mailing List

Astria HealthCary Rowan 900 West Chestnut Ave Yakima WA 98902

Dentons US LLPSam Alberts 1900 K Street NW Washington DC 20006

Sills Cummis & Gross PCAndrew Sherman One Riverfront Plaza Newark NJ 7102

Mintz Levin Cohen Ferris Glovsky & Popeo Ian Hammel One Financial Center Boston MA 2111

Arent Fox LLPRobert Hirsh 1301 Avenue of the Americas 42nd Flr New York NY 10019

Office of the United States TrusteeGary Dyer 920 W Riverside Ave, Ste 593 Spokane WA 99201
