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Judge denies request to delay audit of AIDS Healthcare Foundation

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A U.S. District Court judge denied a request Friday by the AIDS Healthcare Foundation to delay a planned L.A. County audit of the organization.

The group, which provides care to HIV and AIDS patients through a contract with the county, filed an application for a temporary restraining order Thursday, saying the audit would interfere with treatment and asking that it be delayed until September. The audit is set to begin Monday, according to court papers.

In their court papers, the organization argued that previous audits have pulled providers away from caring for patients. AIDS Healthcare Foundation President Michael Weinstein said in an interview that the county was harassing the organization for speaking out against the county.

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“We have been a constant critic of the way they do business,” he said. “Their response to that is to use their administrative powers to go after us.”

Joel Klevens, an attorney representing the county, said this is a routine fiscal audit required every three years. Klevens said the audit does not involve clinical staff and would have no effect on patient care. “It is an absurd position,” he said.

Klevens also disputed the fact that the audit was retaliatory. The Los Angeles County Auditor-Controller, he said, has no interest in punishing the AIDS Healthcare Foundation. “All they do is crunch the numbers,” he said.

The foundation and the county have been at odds for years. The county issued an earlier audit that the group had over-billed by $1.7 million. The foundation responded by filing a whistle-blower lawsuit alleging the county misused resources and fabricated the audit.

The foundation and the county also clashed over mandating that adult film workers wear condoms while filming.

Now the group is pushing for the city of Los Angeles to operate its own public health department. Last month, City Council members agreed to place a measure on next year’s ballot asking voters if they want an independent agency. The city, however, also plans to file a lawsuit challenging the validity of such a measure.

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Twitter: @annagorman

anna.gorman@latimes.com

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