UPDATE:
I am please to share that as of 5:43AM Hawaii time 10/5/2023 , EMA has made a commendable decision to allocate the full amount of $44,000 to the physician and APRN who tragically lost their homes in the Maui fires. I applaud this decision, which aligns with the call from one of their providers to direct the funds toward those directly affected. However, I wrote this petition as that provider was told that at that time "If group members choose to donate portions of their checks that is encouraged." Which was upsetting and prompted this petition. However this new development is commendable and much needed in order to safeguard the trust donors place so their continued long-term support can keep coming in rebuilding and healing our Maui Community.

It's important to note that this positive outcome was achieved after the persistent efforts, including this petition, brought attention to the matter. This situation highlights the need for ethical guidance within our administrative leadership in all organizations in Maui, especially from those who are closely connected to the community. I understand that speaking up in such an environment can be daunting.

EMA has enjoyed significant support from the board of directors at the hospital, which has sometimes shielded them from critical scrutiny. It's worth noting that even a prominent physician board member who spoke out in support of physicians against EMA last year was quietly "rotated out" of their board seat, as a new rule was silently introduced mandating rotation of the physician seat in the board- the only seat in the MHS board that has this rotation rule now. This raises broader concerns about the composition and practices of nonprofit and business boards across Maui.

I propose that nonprofits and businesses in Maui consider implementing term limits of 5 years or less for board members. This would encourage diversity and fresh perspectives while preventing the concentration of power among a few individuals or their family members. I believe that shining a light on board composition on Maui organizations, the presence of Maui residents, term limits and restrictions on legacy family board membership through a community scorecard system done by a newly created Maui Community Watchdog (a group which works off a set of community expectations and ensure that these community desired aims, goals and objectives are met) could be a transformative step for the betterment of Maui.

Let's work together to foster positive change and ensure that our community thrives with representation from both our young leaders and respected KUPUNAs, who, despite lacking social capital, may contribute immensely to our community's well-being.

Thank you for your attention to these critical matters.

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Please support this petition for the MHS Board of Directors to investigate this breach of public trust by the Maui EMA.

Please add your full name and title (if any) to the comments or private message me (for anonymous supporters headcount)and I will add it to the names and count once I submit to the MHS Board of Directors. Please fwd and circulate to the whole Maui community to sign. Thank you.

MHS Board of Directors

221 Mahalani St. Wailuku, HI 96793

Subject: Petition for an Investigation into Alleged Breach of Public Trust by Maui Emergent Medical Associates (EMA) - Misappropriation of Funds from the GoFundMe Campaign

Dear Members of the MHS Hospital Board,

We, the undersigned individuals and concerned citizens, submit this petition to urgently request an immediate and thorough investigation into the activities and conduct of EMA, specifically related to their management of the Emergency Department at Maui Memorial Medical Center (hereinafter referred to as MMMC). Recent events have raised substantial concerns regarding potential breaches of public trust by this company, and we believe that it is imperative to address these allegations promptly to uphold the integrity of this healthcare organization in our community.

The breach of public trust by EMA extends to its Emergency Department contract management group, which operates within MMMC. We were deeply saddened by the loss of many respected clinicians in our community and high turnover of physicians and providers when EMA tookover the emergency department. However, recent developments have added insult to injury, casting a shadow of doubt over the actions of EMA given the recent tragic fires in our beloved island of Maui.

On August 11th, EMA launched a GoFundMe page dedicated to "supporting those who have been affected by the devastating fires that have swept through the island" (https://gofund.me/3dd266f2). While this gesture initially appeared to be a commendable act of support for our community, it has come to our attention that there are serious discrepancies in their handling ofthe funds raised.

According to a letter from their regional director, Dr. Lee Weiss, it was disclosed that $20,000 had been allocated to assist victims of the fires. However, an alarming revelation was made in the same letter, stating that an additional $24,000 would be used to cover their payroll expenses due to a decline in revenue caused by the absence of tourists and decreased economic activity in the Emergency Department. In essence, they intend to retract $24,000 from the funds initially designated for charitable purposes, diverting it to cover their operational expenses. (Please see Dr. Lee Weiss’ letter to the Emergency Department Staff that is attached.)

Furthermore, it has come to our attention that the payroll pool maintained by EMA is shrouded in opacity. Providers are left in the dark about the allocation of funds, and there is a lack of transparency regarding what goes in and what comes out of this pool. When objections were raised concerning the use of GoFundMe donations for payroll, administrative authorities reportedly suggested that providers could voluntarily donate money from their own paychecks if they desired.

The intentions of EMA to fold the funds raised through their GoFundMe page into their payroll were not clearly communicated to the public, leading us to believe, in our collective opinion, that this constitutes a serious breach of public trust.

We, the undersigned, firmly believe that a thorough investigation into this matter is necessary to address these concerns:

1. Conduct an immediate and impartial investigation into the alleged misappropriation of GoFundMe donations by EMA and ensure transparency throughout the process.

2. If wrongdoing is confirmed, take appropriate actions, including potential contract termination and legal measures, to rectify the situation and prevent such misconduct in the future.

3. Review and enhance oversight mechanisms to ensure that charitable contributions made in the name of our hospital community are used for their intended purposes.

4. Investigate whether EMA's actions violate Hawaii's Deceptive Trade Practice or Act statute HRS 480-2 et. seq., and consider reporting the matter to the State Attorney General.

We kindly request a timely response and an update on the actions taken regarding this matter. We are deeply committed to ensuring the highest standards of ethics and transparency in our community's healthcare services and believe that your attention to these concerns is vital to achieving this goal.

Sincerely,

Dr Stephanie Yan, General, Trauma, and Critical Care Surgeon

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