Trends in Long-Term Care - U.S. Senate Special Committee on Aging

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designed to secure publicity, would be hav<strong>in</strong>g access to the documents
that we would present to this committee.
Now, we stand <strong>in</strong> good faith, beh<strong>in</strong>d the assertion that we have
made to Mr. Halamandaris, and that we made <strong>in</strong> correspondence, that
the records would be submitted to the committee, and to the committee
only, and on the understand<strong>in</strong>g that it is the committee, and the committee
only, that is to have access to those records.
Now, if that submission is to be made, and we would be prepared to
make it, we th<strong>in</strong>k it should be made at a time when Mr. Ste<strong>in</strong> <strong>in</strong> not
sitt<strong>in</strong>g as a member of the committee, and when his representatives do
not sit <strong>in</strong> that capacity at the table which is reserved for the committee
members, so at present, as the committee is presently constituted,
I would most respectfully have to advise my client not to produce
those records.
Senator Moss. Well, based on our correspondence, I made it clear
that this is an official hear<strong>in</strong>g of the <strong>Senate</strong> subcommittee, and that
our committee exclusively has jurisdiction here.
Now, it is customary, <strong>in</strong> fact, rather frequently done when the committee
sits <strong>in</strong> another city out of Wash<strong>in</strong>gton, or another State, we
oftentimes <strong>in</strong>vite people who are <strong>in</strong>terested <strong>in</strong> the subject matter to sit
with us, but they do not function as a member of the committee, and
<strong>in</strong> this <strong>in</strong>stance, Mr. Ste<strong>in</strong> is go<strong>in</strong>g to be a witness, he is go<strong>in</strong>g to sit
down there <strong>in</strong> front of those microphones, and I do accord him the
opportunity of sitt<strong>in</strong>g up here, s<strong>in</strong>ce he has been conduct<strong>in</strong>g an <strong>in</strong>vestigation
for a long time that we have been hear<strong>in</strong>g about.
Now, maybe the appearance is that, but Mr. Ste<strong>in</strong> is not to become a
member of this committee, and he will not function <strong>in</strong> any way <strong>in</strong> the
records we prepare, and the exam<strong>in</strong>ation to be made.
Incidentally, those records will be exam<strong>in</strong>ed by the General Account<strong>in</strong>g
Office. I do not have staff available to me, and I have the General
Account<strong>in</strong>g Office to exam<strong>in</strong>e the records for me.
I am sorry if his appearance offends you, but actually he is just
sitt<strong>in</strong>g here by courtesy at the <strong>in</strong>vitation of the Chair.
Mr. LEWIN. Mr. Chairman, aga<strong>in</strong>, with all respect, I must ask of
Mr. Ste<strong>in</strong>, if we are go<strong>in</strong>g to submit those records, leave the podium,
and not be permitted to sit there, and I would ask <strong>in</strong> addition, that the
Chairman give us the assurance that the General Account<strong>in</strong>g Office will
have access to these records, which we are perfectly prepared to accept,
and which we th<strong>in</strong>k is proper, and <strong>in</strong>deed Dr. Bergman's view throughout
is that he will cooperate with every lawful governmental body
that is seek<strong>in</strong>g to conduct any good-f aith <strong>in</strong>vestigation of the nurs<strong>in</strong>g
home <strong>in</strong>dustry.
That has been his view <strong>in</strong> the past, that cont<strong>in</strong>ues to be his view today,
that will be his view <strong>in</strong> the future, and it is for that reason, when
we received the <strong>Senate</strong> subpenas, we made it clear that that full cooperation
would be made available.
Now, I must say, simply as an attorney, who has been practic<strong>in</strong>g for
some time, there are I th<strong>in</strong>k substantial legal objections that would be
<strong>in</strong>serted <strong>in</strong> various ways to the subpenas.
They encompass the entire operat<strong>in</strong>g records of the bus<strong>in</strong>ess. We
have not made any such legal assertions, because we th<strong>in</strong>k it is important
that false allegations be laid to rest, but we th<strong>in</strong>k false allegations
will not be laid to rest if those documents are made available to