To the Honorable Members,
I am writing to you as a concerned father, a resident of Brookville, and a private citizen with nearly 10 years of both military and law enforcement experience. This experience includes investigating fraud cases which also involved narcotics, making arrests, planning security for highly sensitive sites/visits, serving on protective details, and protecting high value personnel.

First, I applaud your October 13th decision to take no action on the proposed conditional use permit for the operation of the Brookville Recovery Center located within 350 feet of Saint Michael's Catholic School (a facility where nearly 220 children attend). I found Mr. Schwab's and Mr. Schell's proposal to be vague, lacking a clear concept of operations, and uninformed. The Franklin County Citizens Zoning Code, section 80.06.03, states that no conditional use permit shall be granted unless the Area Planning Commission and the Board of Zoning Appeals find "that the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare". There are two key risk factors are associated with this proposal which could severely threaten the public health, safety, and general welfare: Security and Potential Fraud.

Both of these factors require substantial information from Mr. Schwab in order to assess the risks, adequately screen clinic staff/investors, and determine what resources from Franklin County or Brookville might be required to mitigate those risks.
Security

Based on my training and law enforcement experience, operating a substance abuse clinic could create a recruitment ground for criminal enterprises. Many of the fraud cases I investigated involved subjects who were recruited at substance abuse clinics. Of those cases, several subjects were also recruited for other types of felonies to include gun trafficking, narcotics manufacturing, and assault. Additionally, according to the National Institute On Drug Abuse, studies have indicated as many as 43% of patients being treated for prescription painkiller abuse also have a diagnosis or symptoms of mental health disorders.

How do we mitigate the inherent risks of bringing a vulnerable population in close vicinity to a school? Mr. Schell's offer to install alarms and cameras may, very minimally, improve the security of the proposed Brookville Recovery Center. It does not in any way mitigate the risks for Saint Michael's or the surrounding community. There has been very little information provided regarding: law enforcement notification standards or operating procedures for threat management, weapon screening, mental health incidents, criminal activity, facility access, background investigations, and release of patients.

Based on my experience protecting high value personnel and facilities, mitigating the risk of an unwanted incident would at a minimum require the full time staffing (all 3 shifts) of a law enforcement officer devoted to incident response and surveillance of Saint Michael's and 273 Main Street. Can the Brookville Police or Franklin County Sheriff staff this without pulling from other patrol areas or other community priorities? If not, who will provide the tens of thousands of dollars in funding to train, equip, and annually pay for additional officers? Should Brookville or Franklin County shoulder the risk created by what is currently a For Profit business?

Without substantial security procedures on the part of local law enforcement and the proposed Brookville Recovery Center, I believe this proposal creates a severe risk to the safety and security of the students at Saint Michaels and the surrounding community.

The Potential for Fraud In February of this year, the Drug Enforcement Administration, U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigations, and the Ohio Attorney General’s Medicare Fraud and Corruption Unit announced that Six people from Ohio were indicted in federal court for their roles in a health care fraud conspiracy in which Medicaid was billed $48 million for drug and alcohol recovery services which were not provided, not medically necessary, lacked proper documentation, or had other issues that made them ineligible for reimbursement. Ever since the Affordable Care Act mandated increased coverage, the potential for health care fraud in substance abuse clinics has grown substantially. These scams typically involve a patient recruiter or business outreach liaison who will recruit addicts (often with financial incentives) to receive treatment at a facility. Meanwhile, government or private insurance is billed for medically unnecessary drug tests, excessive issuance of suboxone or other drugs. You may rightfully ask the question: Isn't this an insurance problem? Wrong. If law enforcement and regulatory agencies were forced to shut down or raid a clinic in Brookville, it could very much become a Brookville problem. What will happen to the residential patients who are suddenly on the street with no shelter, no employment, transportation, and a yet untreated mental illness? I am certainly not implying or suggesting that Mr. Schwab, Mary Schwab or Mr. Schell would ever be involved in this kind of activity. However, based on my experience investigating fraud, there is critical information that the commission, the board, and the community should request in order to mitigate the risk of potential fraud and its effect on the public health, safety, and general welfare. For example, who is providing the funding for renovations, equipment and new hires? As principle investors, are they listed on the Brookville Recovery Center LLC filings with the state of Indiana. If not, why? Franklin County property records indicate the property is owned by Knechts Rentals, LLC. Is Mr. Edward Knecht an investor in this venture or is he simply renting out the property? What will Mary Schwab's (listed on the Brookville Recovery LLC.) role be in operating this facility? Does she have any background in safely operating a substance abuse clinic? Will Mr. Schell and Mr. Schwab provide a list of all employees they plan recruit, their credentials, and license numbers? What is Mr. Schwab's plan to prevent the fraud and abuse that is becoming problematic with substance abuse clinics? In order to mitigate the risk of fraud, this information is critical to determine if any of the investors, owners, staff, administrators, or physicians have ever been administratively, civilly, or criminally sanctioned by Health and Human Services Inspector General or any other federal/state agency for healthcare fraud. In conclusion, I remain very worried for both the students of Saint Michael's and the residents of Brookville. I am concerned by Mr. Schwab and Mr. Schell's lack of credentials or experience in owning or operating a substance abuse center. I am concerned by the lack of coordination with our local law enforcement and the burdens it could place on the tax payer. I am concerned by the increasing amount of fraud in the substance abuse treatment industry. I am worried that even if my proposed attempts to mitigate these risks are followed, it would not guarantee the safety of the public. Most importantly, it would not guarantee the safety of the children of Saint Michael's School.

I am of the opinion that to allow the operation of the Brookville Recovery Center at its current location would subject the public to severe and ultimately unnecessary risks. I implore the Area Planning Commission render a recommendation of disapproval for the proposed conditional use permit. I implore the Board of Zoning Appeals deny the same proposal.
With respect and warm regards,
Frederick (Eric) James Reier