THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: October 3, 2007 08:51 AM Wednesday; Rod Welch

Called CMS for clarification coinsurance issue on clinical trials.

1...Summary/Objective
2...Clinical Trials Public Policy Medicare Law Physician Referral
3...Public Policy Medicare Law Physician Referral Clinical Trials
4...Communication Coordination Referral Management CMS Kaiser UCSF
5...16 Issues Matrix Patient Kaiser UCSF CMS Medicare Complex Management
6...Complex Management Balance Patinet Needs Medicare Law CMS Kaiser UCSF


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CONTACTS 

SUBJECTS
Medicare Coinsurance 20% Patients Self-refer Clinical Trials Kaiser

4003 -
4003 -    ..
4004 - Summary/Objective
4005 -
400501 - Follow up ref SDS 8 0000. ref SDS 7 0000.
400502 -
400503 -
400504 -
400505 -
400506 -
400507 -
400508 -
400509 -
400511 -  ..
4006 -
4007 -
4008 - Progress
4009 -
400901 - Clinical Trials Public Policy Medicare Law Physician Referral
400902 - Public Policy Medicare Law Physician Referral Clinical Trials
400903 -
400904 - Called for Catherine, following up the call last week on 070927,
400905 - ref SDS 8 KA5J, and the letter to Lee at CMS on 071002. ref SDS 9 KA5J
400906 - Catherine's voice mail said she is traveling this week, and left a
400907 - number for James Mayhew...
400909 -                   ..
400910 -                  410 786 9244  /
400912 -  ..
400913 - Called James.
400915 -  ..
400916 - Explained background from the record on 070830. ref SDS 4 0001
400918 -  ..
400919 - James requested an email to study Millie's case for issuing clarifying
400920 - CMS guidance on clinical trial policy and procedures.
400922 -  ..
400923 - James wants Kaiser's specific explanation for clinical trials.  This
400924 - was reviewed on 070927. ref SDS 8 166L
400925 -
400926 -     [On 071004 letter to James at CMS submits background for reviewing
400927 -     clinical trial coinsurance referral issue. ref SDS 10 KA5J
400929 -  ..
400930 - "Medigap" issue is presented on page 4 in Kaiser's documents for
400931 - Senior Advantage, shown on 070927. ref SDS 8 1F6L
400933 -  ..
400934 - Legal duty for doctors to prescribe needed treatment for covered
400935 - Services, e.g., chemotherapy for oncology services, is shown in
400936 - Section 2 of Kaiser's Senior Advantage EOC reviewed on 070927.
400937 - ref SDS 8 WS6M
400939 -  ..
400940 - Clinical trials are discussed on page 68 in Kaiser's Senior Advantage
400941 - documents. ref SDS 8 1F92
400943 -  ..
400944 - There are 16 issues arising from Kaiser's failure to perform required
400945 - services, including clinical trial support in this case, and are
400946 - presented on 070927. ref SDS 8 WU6M
400948 -  ..
400949 - Research on the Internet shows...
400951 -  ..
400952 - James has a CMS presentation on drug costs....
400953 -
400954 -              http://rds.cms.hhs.gov/presentations/national_conference_DayTwo.pdf?cache=n
400956 -  ..
400957 - This could serve as a model for a presentation at Kaiser and UCSF on
400958 - coordinating referrals for clinical trials, including resolving
400959 - payment issues.
400961 -  ..
400962 - He gave another presentation to the Health Care Compliance Association
400963 - (HCCA) on 060910 Medicare Prescription Drug Part D...
400964 -
400965 -              http://www.hcca-info.org/StaticContent/06PartD.pdf
400967 -  ..
400968 - James work product shows generoous references to statutory and
400969 - regulatory authority, which is needed in this case, per review on
400970 - 070917. ref SDS 6 4Q3I
400971 -
400972 -
400973 -
400974 -
4010 -

SUBJECTS
Complex Case Management Balance Patient Needs Medicare Law CMS Contr

9303 -
9304 - 1009
930501 -  ..
930502 - Called Jullin Kwok....... 415 744 3572.
930504 -  ..
930505 - Left message for Jullin per Mark's call yesterday on 071002,
930506 - ref SDS 9 LD5L, following up contact from Catherine Windfield Jones
930507 - with CMS responding to a call on 070917. ref SDS 6 SY6K
930508 -
930509 -
930511 -  ..
9306 -
9307 -
9308 - 1703
9309 -
930901 - Communication Coordination Referral Management CMS Kaiser UCSF
930902 -
930903 - Follow up ref SDS 9 LD5L.
930904 -
930905 - Jullin returned the call to CMS from this morning, per above.
930906 - ref SDS 0 O69R  She got a message from Mark asking Jullin to review
930907 - the letter sent to Lee yesterday. ref SDS 9 Q66M  Jullin advised that
930908 - Lee faxed to her (Jullin) the letter sent to CMS yesterday, 071002,
930909 - ref SDS 9 KA5J, and following up telecon with Lee at CMS last week on
930910 - 070927, ref SDS 8 KA79, and also following up discussion with Mark
930911 - yesterday. ref SDS 9 LD5L
930913 -  ..
930914 - Jullin plans to read the fax she received from Lee, and call back with
930915 - comments on Kaiser's legal duty to pay for prescried treatment, noted
930916 - in the letter to Lee. ref SDS 9 OY4Q
930918 -  ..
930919 - Discussed the opportunity for Jullin to expedite review and facilitate
930920 - understanding complexity by reading the letter on 071002 online,
930921 - rather than the printed fax version which she received from Lee.
930922 - Jullin asked why reading email online makes understanding the case
930923 - faster than reading a printed version?
930925 -  ..
930926 - Explained benefits of instantaneous precision access for verfication
930927 - and expanding span of attention to discover context of work history,
930928 - objectives, requirements, and commitments. ref OF 13 PX6J
930929 -
930930 -        [On 071006 Knowledge Management practices explained and
930931 -        demonstrated for Paula at Kaiser MCRC unit in order to
930932 -        facilitate review making sense of complex issues in a complex
930933 -        patient history. ref SDS 11 EX8K
930935 -  ..
930936 - Jullin will request the email sent to Lee on 071002, ref SDS 9 KA5J,
930937 - in order to make a thorough review of the payment dispute between
930938 - Kaiser and UCSF in Millie's referral for treatment on clinical trial,
930939 - summarized by case study on 070830. ref SDS 4 LQ5I
930940 -
930942 -  ..
930943 - 16 Issues Matrix Patient Kaiser UCSF CMS Medicare Complex Management
930944 - Complex Management Balance Patinet Needs Medicare Law CMS Kaiser UCSF
930945 -
930946 - Jullin indicated Millie's case presents very complex problems
930947 - involving CMS contract mangement, Medicare law and regulation, Kaiser
930948 - medical obligations, UCSF billing procedures, oncology and clinical
930949 - trial practice, and obviously for Millie's health care, shown by 16
930950 - issues arrising from Kaiser's failure to pay for care after the doctor
930951 - prescribed needed treatment, as set out on 070927. ref SDS 8 WU6M
930953 -  ..
930954 - Jullin's assessment today aligns with Doctor Rugo's letter issued at
930955 - UCSF on 070906, and saying Medicare rules in Millie's case are very
930956 - complicated. ref SDS 5 I49K  Earlier on 070823 Bob Schwartz with the
930957 - UCSF Accounting Department also described the case as very
930958 - complicated.  Case study on 071020 shows medical professionals view
930959 - Millie's case as very complex. ref SDS 1 T25H
930961 -  ..
930962 - Jullin advised that she will try to respond sometime next week to
930963 - issues in this case listed on 070927, ref SDS 8 WU6M, cited in the
930964 - letter to CMS on 071002. ref SDS 9 OY4Q
930966 -  ..
930967 - Upon further discussion, Jullin indicated that she would call back on
930968 - Friday, 071005, to report progress in her review, and present a work
930969 - plan to follow up.
930970 -
930971 -        [On 071006 Paula called Kaiser MCRC received fax from CMS with
930972 -        letter to Lee on 071002, ref SDS 11 Z87L, suggesting Jullin
930973 -        sent the fax.
930975 -         ..
930976 -        [On 071009 Jullin called and said she submitted the letter to
930977 -        CMS on 071002, along with 50 pages she printed of citations in
930978 -        the letter, for "research" on whether Medicare Senior Advantage
930979 -        managed care supports physician and self referrals; her
930980 -        understanding is that Medicare law prohibits physician
930981 -        referrals, ref SDS 12 EX5J; Jullin did not say that she sent
930982 -        the letter on 071002 to Paula at Kaiser. ref SDS 12 LT7J
930984 -         ..
930985 -        [On 071010 received letter from Paula notifying Kaiser's MCRC
930986 -        unit converted Millie's letter to CMS on 071002 into a request
930987 -        for appeal of a Kaiser "determination" which Millie has never
930988 -        received. ref SDS 13 TH8L
930990 -         ..
930991 -        [On 071029 CMS policy manager plans review of 16 issues arising
930992 -        from Kaiser to pay for prescribed treatment. ref SDS 14 6N8R
930994 -  ..
930995 - Jullin's review in CMS San Francisco office will complement James'
930996 - work, per above. ref SDS 0 I34O
930998 -         ..
930999 -        [On 071029 Jullin Kwok CMS contract manager for Kaiser Medicare
931000 -        account planning to submitt written response to issues arising
931001 -        from Kaiser's failure to pay for prescribed treatment.
931002 -        ref SDS 14 VO6F
931003 -
931004 -
931005 -
931006 -
931007 -
931008 -
9311 -