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Jackson attorney may be king of conservatorships in Mississippi

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Consider Jackson attorney Harry Rosenthal as the king of conservatorships.

By his own estimate, he has been a conservator for more than 100 vulnerable individuals. Hinds County Chancery Court records show he’s continuing to handle a dozen conservatorships.

Though it’s not known how much the attorney receives in each case, in Hinds County alone, Rosenthal’s income from being a conservator could be substantial.

The average salary for a non-family member conservator is $51,214 per year in Mississippi, according to the research blog salary.com. ZipRecruiter, which says it gets its salary estimates from employer job postings and third party data sources, puts the average salary in Mississippi at $47,787.

State Supreme Court Justice Dawn Beam, who helped craft changes to the conservatorship law, said most appointed conservators are family members, and they aren’t paid a lot of money.

The law allows a family member to be paid fees set by a judge for their service.

Professional conservators are entitled to reasonable fees, but the judge decides what is reasonable and must approve the amount before the conservator can be paid. Money for the conservator comes from the account of the person under a conservatorship. If a person under a conservator has little or no financial assets, the judge can appoint a public guardian/conservator who is paid from public funds.

Some attorneys say the new law makes it difficult for ordinary citizens to file conservatorship petitions without the assistance of attorneys.

Elder law experts say the cost of obtaining a conservatorship over someone can be expensive with the hiring of attorneys or attorneys to represent the individual, family members and interested parties. There are also court and other fees involved with a conservatorship petition.

READ: The Conservatorship fight over Opal

Rosenthal told the Mississippi Center for Investigative Reporting, a part of Mississippi Today, that most of the wards for whom he has served as conservator were once clients in criminal cases.

More than 30 years ago, the attorney provided $12,000 in bail money to try to help white supremacist Byron De La Beckwith get out of jail after he was indicted and arrested for the third time in the assassination of Mississippi NAACP leader Medgar Evers.

Although Jewish, a group of people Beckwith disparaged, Rosenthal, 82, has said he provided the money to Beckwith because he believed his speedy trial rights were being violated after two previous trials in 1964 ended in hung juries.

In 1994, 30 years after his previous trials, Beckwith was convicted in Hinds County Circuit Court of Evers’ murder and sentenced to life in prison. Beckwith died in 2001 in custody.

Thirty-four years ago, Rosenthal filed the petition to become conservator for Gary Gordineer in Hinds County Chancery Court.

“I’ve had him for more than 30 years and I still have him,” Rosenthal said recently. In February, Rosenthal filed an annual accounting report of Gordineer’s assets, a court docket report shows.

Rosenthal said he knew Gordineer, Gordineer’s father and other family members. He said the younger Gordineer had been a criminal client. Rosenthal said he once had Gordineer, who is a veteran, in a home with his mother but now has him in a nursing home.

No family member of Gordineer could be reached for comment.

Rosenthal is also listed as conservator in another case, dating to 1989 involving Howard Ruffin Jr.

Ruffin’s niece, Erica Porter, said she has been his caregiver for the 100% disabled veteran the last four years. Other than her, Ruffin has little or no family alive, she said. “I’m all he has.”

In her four years of caring for Ruffin, she said she had never heard from Rosenthal until recently when she went to his office to request more money than the $700 a month she receives for Ruffin’s care.

Porter said Rosenthal denied her request.

“My first time talking to him was actually last week,” Porter said recently of Rosenthal. “We haven’t heard from him or nothing.”

Rosenthal said everyone wants to spend a ward’s money.

“If you are a conservator or guardian, the money belongs to the person you are trying to protect, and the laws of the state of Mississippi say you are supposed to conserve and build upon the money, if possible,” he said.

Most of Rosenthal’s conservatorship cases in Hinds County occurred before an updated law went into effect three years ago.

About 2,500 conservatorship cases have been filed in Mississippi since then.

The updated law, known as the Mississippi Guard and Protect Act, seeks to protect the rights of those unable to take care of themselves, said Beam, who co-chaired the 26-member committee that came up with the recommendations. It was the first update of the guardian and conservatorship law in 30 years.

The law distinguishes guardianship of the person from conservator of the estate, clarifies the role of a guardian/conservator in a ward’s life, specifies the basis for appointing a guardian/conservator through improved medical evaluation forms, encourages individualized planning and use of the least restrictive alternative. It also creates accountability between the guardian/conservator and the courts to prevent fraud and abuse.

The law also mandates wellbeing reports.

The updated law applies to cases filed after Jan. 1, 2020, but a judge has the authority to apply the new law to older cases if no rights are violated.

In a 2021 state Supreme Court appeal, Hattiesburg attorney Carol Bustin said that, for decades, courts have treated conservatorships as mere ministerial actions and the imposition of conservatorships as matters of petitioners’ rights.

Unless someone is a party in a conservatorship case, court records in cases like those of Gordineer and Ruffin are sealed, except for the brief descriptions placed on the court docket.

Rosenthal said some things in the new law look good on paper, but accountability isn’t being strictly enforced.

The sister of one of Rosenthal’s wards questions the lawyer’s accountability.

“I think the rule, or unofficial rule, should be to talk to family members before they put people into a court-appointed conservatorship to make sure there is no one who can take over the responsibility,” said Linda Taylor of Memphis, whose brother, Edward Redmond, was one of Rosenthal’s wards.

Marine veteran Edward Redmond died in 2019 of natural causes after being a ward of his conservator for decades.

At one point, Rosenthal had Redmond living in a facility in south Mississippi, according to Taylor.

But Rosenthal was forced by court order to move Redmond to Jackson to be closer to family.

Taylor said her brother initially was able to spend time with family.

“In August 2019, however, Rosenthal forbade us to take him away from his assisted living residence to spend time with him. He even claimed he had a warrant out for my brother Robert’s arrest because he had violated that order and picked Edward up once, anyway.”

Redmond, a Marine veteran, was diagnosed as paranoid schizophrenic in the 1980s and became addicted to drugs. He was determined to be 100% disabled by the VA hospital. Redmond’s parents became guardians over his military and Social Security benefits.

In 1994, Redmond’s parents agreed to let Rosenthal become his guardian without fully understanding what they were consenting to, according to Taylor. She said she and another sister in Texas didn’t know anything about what was going on with their brother until after Rosenthal had already been court appointed guardian/conservator.

At one point, Redmond was allowed to live with Taylor and her husband in Memphis on a trial basis. During that time, Redmond overcame his addiction for a while. He had a great testimony about his victory over drugs. Rosenthal forced Redmond to move back to Jackson for unexplained reasons.

Prior to his death in 2019 under conservatorship, Edward Redmond showed the condition of his teeth. His sister believes he wasn’t getting the care he deserved.

Taylor said her brother was moved over the years to different locations throughout the state of Mississippi, and that all of those places Rosenthal chose were not approved by the Department of Veterans Affairs.

Rosenthal said he won’t apologize for the care Redmond received in Jackson. Taylor wanted too much money for keeping Redmond, he said. “I’m not ashamed of what happened. I had a tremendous problem with her trying to get his money.”

Taylor said the family requested to have guardianship over Edward while allowing Rosenthal to continue being conservator over his money.

“Rosenthal refused,” she said. “The record speaks for itself.”

This project was produced by the Mississippi Center for Investigative Reporting, now part of Mississippi Today, in partnership with the Fund for Investigative Journalism.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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https://www.biloxinewsevents.com/?p=243104

Mississippi Today

If Tate Reeves calls a tax cut special session, Senate has the option to do nothing

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mississippitoday.org – Bobby Harrison – 2025-02-23 06:00:00

An illness is spreading through the Mississippi Capitol: special session fever.

Speculation is rampant that Gov. Tate Reeves will call a special session if the Senate does not acquiesce to his and the House leadership’s wishes to eliminate the state personal income tax.

Reeves and House leaders are fond of claiming that the about 30% of general fund revenue lost by eliminating the income tax can be offset by growth in other state tax revenue.

House leaders can produce fancy charts showing that the average annual 3% growth rate in state revenue collections can more than offset the revenue lost from a phase out of the income tax.

What is lost in the fancy charts is that the historical 3% growth rate in state revenue includes growth in the personal income tax, which is the second largest source of state revenue. Any growth rate will entail much less revenue if it does not include a 3% growth in the income tax, which would be eliminated if the governor and House leaders have their way. This is important because historically speaking, as state revenue grows so does the cost of providing services, from pay to state employees, to health care costs, to transportation costs, to utility costs and so on.

This does not even include the fact that historically speaking, many state entities providing services have been underfunded by the Legislature, ranging from education to health care, to law enforcement, to transportation. Again, the list goes on and on.

And don’t forget a looming $25 billion shortfall in the state’s Public Employee Retirement System that could create chaos at some point.

But should the Senate not agree to the elimination of the income tax and Reeves calls a special session, there will be tremendous pressure on the Senate leadership, particularly Lt. Gov. Delbert Hosemann, the chamber’s presiding officer.

Generally speaking, a special session will provide more advantages for the eliminate-the-income-tax crowd.

First off, it will be two against one. When the governor and one chamber of the Legislature are on the same page, it is often more difficult for the other chamber to prevail.

The Mississippi Constitution gives the governor sole authority to call a special session and set an agenda. But the Legislature does have discretion in how that agenda is carried out.

And the Legislature always has the option to do nothing during the special session. Simply adjourn and go home is an option.

But the state constitution also says if one chamber is in session, the other house cannot remain out of session for more than three days.

In other words, theoretically, the House and governor working together could keep the Senate in session all year.

In theory, senators could say they are not going to yield to the governor’s wishes and adjourn the special session. But if the House remained in session, the Senate would have to come back in three days. The Senate could then adjourn again, but be forced to come back if the House stubbornly remained in session.

The process could continue all year.

But in the real world, there does not appear to be a mechanism — constitutionally speaking — to force the Senate to come back. The Mississippi Constitution does say members can be “compelled” to attend a session in order to have a quorum, but many experts say that language would not be relevant to make an entire chamber return to session after members had voted to adjourn.

In the past, one chamber has failed to return to the Capitol and suffered no consequences after the other remained in session for more than three days.

As a side note, the Mississippi Constitution does give the governor the authority to end a special session should the two chambers not agree on adjournment. In the early 2000s, then-Gov. Ronnie Musgrove ended a special session when the House and Senate could not agree on a plan to redraw the state’s U.S. House districts to adhere to population shifts found by the U.S. Census.

But would Reeves want to end the special session without approval of his cherished income tax elimination plan?

Probably not.

In 2002 there famously was an 82-day special session to consider proposals to provide businesses more protection from lawsuits. No effort was made to adjourn that session. It just dragged on until the House finally agreed to a significant portion of the Senate plan to provide more lawsuit protection.

In 1969, a special session lasted most of the summer when the Legislature finally agreed to a proposal of then-Gov. John Bell Williams to opt into the federal Medicaid program.

In both those instances, those wanting something passed — Medicaid in the 1960s and lawsuit protections in the 2000s — finally prevailed.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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On this day in 1898

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mississippitoday.org – Jerry Mitchell – 2025-02-22 07:00:00

Feb. 22, 1898

Lavinia Baker and her five surviving children. A white mob set fire to their house and fatally shot and killed her husband, Frazier Baker, and baby girl Julia on Feb. 22, 1898. Left to right: Sarah; Lincoln, Lavinia; Wille; Cora, Rosa Credit: Wikipedia

Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked

When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him. 

Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area. 

Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment. 

McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed. 

In 2019, the Lake City post office was renamed to honor Frazier Baker. 

“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Memorial Health System takes over Biloxi hospital, what will change?

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mississippitoday.org – Roy Howard Community Journalism Center – 2025-02-21 15:22:00

by Justin Glowacki  with contributions from Rasheed Ambrose, Javion Henry, McKenna Klamm, Matt Martin and Aidan Tarrant

BILOXI – On Feb. 1, Memorial Health System officially took over Merit Health Biloxi, solidifying its position as the dominant healthcare provider in the region. According to Fitch Ratings, Memorial now controls more than 85% of the local health care market.

This isn’t Memorial’s first hospital acquisition. In 2019, it took over Stone County Hospital and expanded services. Memorial considers that transition a success and expects similar results in Biloxi.

However, health care experts caution that when one provider dominates a market, it can lead to higher prices and fewer options for patients.

Expanding specialty care and services

Kristian Spear, Hospital Administrator at Memorial Hospital Biloxi, speaks on the hospital’s acquisition and future goals for improvement. (RHCJC News)

One of the biggest benefits of the acquisition, according to Kristian Spear, the new administrator of Memorial Hospital Biloxi, will be access to Memorial’s referral network.

By joining Memorial’s network, Biloxi patients will have access to more services, over 40 specialties and over 100 clinics.

“Everything that you can get at Gulfport, you will have access to here through the referral system,” Spear said.

One of the first improvements will be the reopening of the Radiation Oncology Clinic at Cedar Lake, which previously shut down due to “availability shortages,” though hospital administration did not expand on what that entailed.

“In the next few months, the community will see a difference,” Spear said. “We’re going to bring resources here that they haven’t had.”

Beyond specialty care, Memorial is also expanding hospital services and increasing capacity. Angela Benda, director of quality and performance improvement at Memorial Hospital Biloxi, said the hospital is focused on growth.

“We’re a 153-bed hospital, and we average a census of right now about 30 to 40 a day. It’s not that much, and so, the plan is just to grow and give more services,” Benda said. “So, we’re going to expand on the fifth floor, open up more beds, more admissions, more surgeries, more provider presence, especially around the specialties like cardiology and OB-GYN and just a few others like that.”

For patient Kenneth Pritchett, a Biloxi resident for over 30 years, those changes couldn’t come soon enough.

Keneth Pritchett, a Biloxi resident for over 30 years, speaks on the introduction of new services at Memorial Hospital Biloxi. (RHCJC News) Credit: Larrison Campbell, Mississippi Today

Pritchett, who was diagnosed with congestive heart failure, received treatment at Merit Health Biloxi. He currently sees a cardiologist in Cedar Lake, a 15-minute drive on the interstate. He says having a cardiologist in Biloxi would make a difference.

“Yes, it’d be very helpful if it was closer,” Pritchett said. “That’d be right across the track instead of going on the interstate.”

Beyond specialty services and expanded capacity, Memorial is upgrading medical equipment and renovating the hospital to improve both function and appearance. As far as a timeline for these changes, Memorial said, “We are taking time to assess the needs and will make adjustments that make sense for patient care and employee workflow as time and budget allow.”

Unanswered questions: insurance and staffing

As Memorial Health System takes over Merit Health Biloxi, two major questions remain:

  1. Will patients still be covered under the same insurance plans?
  2. Will current hospital staff keep their jobs?

Insurance Concerns

Memorial has not finalized agreements with all insurance providers and has not provided a timeline for when those agreements will be in place.

In a statement, the hospital said:

“Memorial recommends that patients contact their insurance provider to get their specific coverage questions answered. However, patients should always seek to get the care they need, and Memorial will work through the financial process with the payers and the patients afterward.”

We asked Memorial Health System how the insurance agreements were handled after it acquired Stone County Hospital. They said they had “no additional input.”

What about hospital staff?

According to Spear, Merit Health Biloxi had around 500 employees.

“A lot of the employees here have worked here for many, many years. They’re very loyal. I want to continue that, and I want them to come to me when they have any concerns, questions, and I want to work with this team together,” Spear said.

She explained that there will be a 90-day transitional period where all employees are integrated into Memorial Health System’s software.

“Employees are not going to notice much of a difference. They’re still going to come to work. They’re going to do their day-to-day job. Over the next few months, we will probably do some transitioning of their computer system. But that’s not going to be right away.”

The transition to new ownership also means Memorial will evaluate how the hospital is operated and determine if changes need to be made.

“As we get it and assess the different workflows and the different policies, there will be some changes to that over time. Just it’s going to take time to get in here and figure that out.”

During this 90-day period, Erin Rosetti, Communications Manager at Memorial Health System said, “Biloxi employees in good standing will transition to Memorial at the same pay rate and equivalent job title.”

Kent Nicaud, President and CEO of Memorial Health System, said in a statement that the hospital is committed to “supporting our staff and ensuring they are aligned with the long-term vision of our health system.”

What research says about hospital consolidations

While Memorial is promising improvements, larger trends in hospital mergers raise important questions.

Research published by the Rand Corporation, a nonprofit, nonpartisan research organization, found that research into hospital consolidations reported increased prices anywhere from 3.9% to 65%, even among nonprofit hospitals.

Source: Liu, Jodi L., Zachary M. Levinson, Annetta Zhou, Xiaoxi Zhao, PhuongGiang Nguyen, and Nabeel Qureshi, Environmental Scan on Consolidation Trends and Impacts in Health Care Markets. Santa Monica, CA: RAND Corporation, 2022.

The impact on patient care is mixed. Some studies suggest merging hospitals can streamline services and improve efficiency. Others indicate mergers reduce competition, which can drive up costs without necessarily improving care.

When asked about potential changes to the cost of care, hospital leaders declined to comment until after negations with insurance companies are finalized, but did clarify Memorial’s “prices are set.”

“We have a proven record of being able to go into institutions and transform them,” said Angie Juzang, Vice President of Marketing and Community Relations at Memorial Health System.

When Memorial acquired Stone County Hospital, it expanded the emergency room to provide 24/7 emergency room coverage and renovated the interior.

When asked whether prices increased after the Stone County acquisition, Memorial responded:

“Our presence has expanded access to health care for everyone in Stone County and the surrounding communities. We are providing quality healthcare, regardless of a patient’s ability to pay.”

The response did not directly address whether prices went up — leaving the question unanswered.

The bigger picture: Hospital consolidations on the rise

According to health care consulting firm Kaufman Hall, hospital mergers and acquisitions are returning to pre-pandemic levels and are expected to increase through 2025.

Hospitals are seeking stronger financial partnerships to help expand services and remain stable in an uncertain health care market.

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Source: Kaufman Hall M&A Review

Proponents of hospital consolidations argue mergers help hospitals operate more efficiently by:

  • Sharing resources.
  • Reducing overhead costs.
  • Negotiating better supply pricing.

However, opponents warn few competitors in a market can:

  • Reduce incentives to lower prices.
  • Slow wage increases for hospital staff.
  • Lessen the pressure to improve services.

Leemore Dafny, PhD, a professor at Harvard and former deputy director for health care and antitrust at the Federal Trade Commission’s Bureau of Economics, has studied hospital consolidations extensively.

In testimony before Congress, she warned: “When rivals merge, prices increase, and there’s scant evidence of improvements in the quality of care that patients receive. There is also a fair amount of evidence that quality of care decreases.”

Meanwhile, an American Hospital Association analysis found consolidations lead to a 3.3% reduction in annual operating expenses and a 3.7% reduction in revenue per patient.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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