Regents seek to keep report on criticism of UA medical schools secret

PHOENIX — An independent review of criticism leveled against the leadership of the University of Arizona’s two medical schools will be kept from the public, the Arizona Board of Regents announced Wednesday.

The board, which is the governing body for Arizona’s public university system, also says no further inquiry is needed.

The Wednesday morning announcement came after a two-hour closed-door executive session to discuss an independent review that was ordered after public criticism of the UA’s Health Sciences leadership.

The content of the completed report on the schools, which was done by the law firm Lewis Roca Rothgerber Christie LLP, is protected from public discussion by “attorney-client privilege,” board chairman Greg Patterson said. He declined to elaborate. The Star filed a records request with the board to get a copy of the publicly-funded report. Board officials confirmed they received the request and said they would respond in a timely manner. The Star also requested a cost for the report.

Attorney Dan Barr, an expert in media law, said just because a law firm completes a report for an entity doesn’t mean it’s protected by attorney-client privilege.

Barr, who has represented the Star, said attorney-client privilege may be invoked, however, when the entity is seeking legal advice.

Board spokeswoman Sarah Harper said that was true for the regents report on the medical schools.

“Yes, in seeking the independent evaluation, the board sought legal advice,” she wrote in an email.

The UA College of Medicine Tucson and the UA College of Medicine Phoenix are separately accredited, but they are both governed by the Tucson-based UA leadership. They are currently Arizona’s only two allopathic medical schools.

The regents’ independent report on the schools followed comments during a public regents meeting in Tucson on Aug. 12. At that time, regents President Eileen Klein raised serious questions about the leadership of the medical schools.

Her comments came two months after the Arizona Medical Association took a vote of “no confidence” in the executive leadership of the UA medical schools as well as accrediting concerns for its Phoenix campus.

“While the board does not believe that additional board inquiry is necessary at this time, we have asked President (Ann Weaver) Hart and her team to advance a comprehensive business plan to guide the future operation of the UA Colleges of Medicine,” Patterson said.

“The board will also provide detailed guidelines to the university on reporting back to the board related to the colleges of medicine. We also have asked for strong oversight of the workplace culture as well.”

Chic Older, who is the executive vice president of the Arizona Medical Association, says the regents’ response on its review is too abstract to understand. Since no one is saying what the review found, it’s impossible to accept that no further inquiry is needed, Older said.

Older said the physicians organization is not going to give up on getting more answers.

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In the Arizona Medical Association’s June vote, the 4,000-member association of physicians and medical students called for an independent investigation into why six top leaders at the UA College of Medicine Phoenix, including Dean Stuart Flynn, left the school earlier this year. The association also expressed concern that the departure of so many top leaders could affect the school’s attempt to see full accreditation, a process that is ongoing.

The association asked for exit interviews with the departed deans and publicly called on the Arizona Board of Regents to initiate an investigation into, “any U of A organizational impediments or policies that contributed to the departures of the well-respected and quality team that was in place.”

Dr. Joe G.N. “Skip” Garcia, who reports directly to Hart and earns $870,000 a year, oversees all of the UA’s health colleges — the UA College of Medicine-Tucson, the UA College of Medicine-Phoenix, the UA College of Pharmacy, the UA College of Nursing, and the UA Mel and Enid Zuckerman College of Public Health. The total health sciences budget is $595 million per year.

Last year, the Liaison Committee on Medical Education wrote a letter to the Phoenix medical school saying changes would be needed in order to secure full accreditation.

The accrediting body had concerns about the recent academic affiliation between Banner Health and the UA. But the Phoenix medical school has since been granted provisional accreditation, which puts it on pace for full accreditation in 2017, UA health science officials say.

Garcia has defended himself against public criticism over his travel costs, which have included chauffeur-driven limos between Tucson and Phoenix. The Arizona Republic in August analyzed three years of Garcia’s travel costs, which included 56 trips between Tucson and Phoenix at a cost of $475 or more per day.

Klein’s comments during the Aug. 12 meeting in Tucson referred to “use of public monies.”

“Information has been brought forward that raises questions about the ethics of leaders, the use of public monies, the accuracy of information documented in public records and the workplace culture and treatment of employees,” she said at the time. “The board and university leaders will need to go beyond these public hearings and take additional actions to better understand and address these concerns and determine whether any improprieties have occurred.”

Garcia has said he was maximizing his time as he needs to work during those trips, and says that hiring a driver was suggested by Hart. He also said he’d be willing to rethink how he travels if there’s a more effective and cost-efficient way to do it.

Hart provided an emailed statement responding to Wednesday’s announcement.

“I am pleased the board of regents has concluded its comprehensive independent review and found no grounds for additional board inquiry,” she wrote.

“I also appreciate that the board acknowledged the University of Arizona’s demonstrated excellence in medical education and research and significant enhancements to health care in Arizona.

“The progress made is largely due to the vision and valuable contributions of Dr. Skip Garcia and his team of committed physician scientists.

“I look forward to continuing to work with the board on our shared goal of maximizing the positive impact for Arizonans, for our two medical schools and all of the health sciences.”