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: May 22, 2009 08:13 AM Friday; Rod Welch

Millie requests Kaiser workup and treatment plan for 8th relapse of cancer.

1...Summary/Objective
2...Kaiser Delays Treatment Giving Patient 1 Day Notice
3...Communication with Doctor Denied Phone Calls Never Returned
4...Choosing Treatment Denied in 2004 But Required to Choose in 2009
5...Patient Choosing Treatment Conflicts with Kaiser Medical Pracitce
6...Kaiser Demands Patient Choose Treatment But Offers No Treatment Choices
7...Kaiser UCSF Not Enough Time Review Treatments for Patient Profile
8...Treatment Targeted to Millie's Patient Profile Not Yet Reviewed
9...Single-agent Gemzar Navelbine Treatments Conflict Patient Profile
10...Gemzar Navelbine Single-agent Treatments Conflict Patient Profile
11...CPT 11 New Treatment Option for Millie Not Previously Proposed
12...CPT 11 Same as Bevacizumab Kaiser Collaboration with UCSF
13...Bevacizumab Safe Millie's Patient Profile PE Collaborate withy UCSF
14...Collaboration between Kaiser and UCSF on CPT 11 Same as Bevacizumab
15...Radiation Hyperthermia Effective Millie's Treatment Choice
16...Hyperthermia Doxil Millie's Second Choice for Treatment


..............
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CONTACTS 
0206 - CMS Region 9                                                                                                                                                       O-00000877 0605
020601 - Ms. Jullin Kwok; Kaiser Contract Manager                                                                                                                         O-00000877 0605
020603 - Kaiser Medicare Contract                                                                                                                                         O-00000877 0605

SUBJECTS
Default Null Subject Account for Blank Record

0403 -
0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 37 0000. ref SDS 36 0000.
040502 -
040503 -
040504 -
040505 -
040506 -
040508 -  ..
0406 -
0407 -
0408 - Progress
0409 -
040901 - On 090519 1613 Millie responded, ref SDS 29 8V8H, to the Doctor's
040902 - letter earlier yesterday afternoon on 090519 1536, ref SDS 28 5K7H;
040903 - and, Millie asks the doctor to prescribe treatment so she can recover
040904 - from cancer, as done previously in patient history, ref SDS 29 TY3X,
040905 - and further as planned by the doctor during the meeting on 090515
040906 - 1140. ref SDS 27 655R  Millie also asked the doctor to call on
040907 - expediting treatment in time to be effective, see again on 090520
040908 - 1613, ref SDS 29 TY4W; and Millie asks Doctor Rugo for a "drop dead"
040909 - date on how soon treatment must start in order to be effective, also,
040910 - reported on 090519 1613. ref SDS 29 TX4W
040912 -  ..
040913 - Since Kaiser has delayed ordering treatment, reported on 090520 1710.
040914 - ref SDS 34 ZF4Q, then on 090521 0211 Millie's letter to Doctor Rugo at
040915 - UCSF with copy to Doctor Hsu asks about getting treatment with
040916 - hyperthermia and Doxil, while Kaiser resolves delays ordering MPA
040917 - prescribed by Doctor Rugo for Millie to recover from 8th relapse of
040918 - cancer, which Millie reports is getting worse every day, ref SDS 35
040919 - FM7Q, and since Kaiser has previosuly authorized treatment with
040920 - hyperthermia and Doxil, which Doctor Rugo recommended earlier on
040921 - 090129 for Millie to recover from the 7th relapse. ref SDS 35 6M4F
040923 -  ..
040924 - On 090521 2006, Millie received a letter from Doctor Johnson responding
040925 - to Millie's letter to the medical team on 090520 1710, and requesting
040926 - that Kaiser prescribe treatment suitable for Millie's patient profile
040927 - for recovering from 8th relapse of cancer. ref SDS 34 P65H   Doctor
040928 - Johnson's letter was sent through Kaiser's Knowledge Management System
040929 - and so was not disclosed to the medical team, and it did transmit the
040930 - Doctor Johnson's medical chart for the meeting on 090515, ref SDS 27
040931 - YT5N, and said that Millie could "choose" any treatment she wants, and
040932 - no treatment is superior for Millie's patient profile, 090521 2006,
040933 - ref SDS 37 9Q9H; the doctor noted Millie's cancer is progressing and
040934 - so she needs to start treatment by the end of the week, which was in
040935 - just 12 hours, which means today, ref SDS 37 HC8O, and the doctor told
040936 - Millie to call Medicare for prescribing treatment to recover from the
040937 - 8th relapse of cancer. ref SDS 37 HC93
040939 -  ..
040940 - On 090522 0813 Millie responded to Doctor Johnson's letter on 090521
040941 - 2006, 090521 2006, ref SDS 37 9Q9H, and submitted copies to the
040942 - medical team to maintain collaboration that has been effective
040943 - treating Millie the past 8 years.  Millie also sent a copy to Jullian
040944 - Kwok to notify Medicare that Kaiser is refusing treatment...
040945 -
040946 -    1.  Subject: Treatment Plan 8th Relapse of Cancer Kaiser's Standard of Care
040947 -        Date: Fri, 22 May 2009 09:02:03 -0700
040960 -         ..
040961 -    2.  Yesterday evening about 8pm I received your letter dated 090521
040962 -        [reported on 090521 2006. ref SDS 37 9Q9H], along with the
040963 -        medical chart for the meeting in your office at Kaiser last
040964 -        week on 090515, as entered in patient history. 090515 1140,
040965 -        ref SDS 27 YT5N
040967 -         ..
040968 -    3.  You were hurried on Friday, so there wasn't time to make the
040969 -        normal distribution of the medical chart.
040971 -         ..
040972 -    4.  Pamela Powell with Expedited Claims (EC) called yesterday
040973 -        morning [reported on 090521 0902. ref SDS 36 UD5H].  She
040974 -        planned to call you to facilitate prescribing my next treatment
040975 -        [reported, 090521 0902, ref SDS 36 RW7M]  Pamela advised that
040976 -        EC was not denying my inquiry, but instead submitted the matter
040977 -        to Member Services in Pleasenton, because my case does not fit
040978 -        the EC venue.  Recall your letter in February on 090205 worried
040979 -        that I am slipping through the cracks at Kaiser [reported on
040980 -        090205 1318. ref SDS 15 278T].
040981 -
040982 -            [On 090522 1247 Doctor Johnson reports to the medical team
040983 -            that all workups have been done; he does not submit the
040984 -            workup; Doctor Johnson refuses support of Tumor Board
040985 -            because he says Millie's complex treatment history
040986 -            ref SDS 38 XO5O
040988 -         ..
040989 -    5.  I requested in the letter to the team on 090520 [1710.
040990 -        ref SDS 34 ZF4T] and in discussions with Pamela in EC [reported
040991 -        on 090520 1203. ref SDS 33 9595]...
040993 -             ..
040994 -        1.  Written workup and treatment plan for the 8th relapse of
040995 -            cancer that follows Kaiser's Standard of Care for my
040996 -            patient profile, discussed with you on 090213. 090213 1140,
040997 -            ref SDS 16 ES7I
040999 -             ..
041000 -        2.  Medical opinion on how soon I must start treatment in order
041001 -            to maintain local control.
041003 -             ..
041004 -        3.  Medical opinion on trade-offs between treatment choices,
041005 -            which I listed as Navelbine and Gemzar, Doctor Rugo's
041006 -            clinical trial, and hyperthermia and associated modalities.
041007 -
041008 -               [On 090522 1247 Doctor Johnson reports to the medical
041009 -               team that all workups have been done; he does not submit
041010 -               the workup; Doctor Johnson refuses support of Tumor
041011 -               Board because he says Millie's complex treatment
041012 -               history; the doctor does not explain trade-offs between
041013 -               treatments being considered for Millie to recover from
041014 -               8th relapse of cancer. ref SDS 38 XO5O
041016 -                ..
041017 -               [On 090522 1351 Millie asks again for Kaiser to explain
041018 -               CPT-11 and trade-offs with other treatments for Millie's
041019 -               patient profile to recover from 8th relapse of cancer.
041020 -               ref SDS 39 2T9W
041022 -         ..
041023 -    6.  First, the medical chart goes a long way toward providing a
041024 -        thorough "workup."  Our meeting on 041130 shows Kaiser
041025 -        publishes a document....
041027 -         ..
041028 -        Breast Cancer Treatment Guidelines for Patients
041029 -
041030 -        ...and it specifies detailed requirements for patient work-up
041031 -        [reported on 041130 1000. ref SDS 4 UB4H  Have these
041032 -        requirements been met in my case?
041034 -         ..
041035 -    7.  Would Tumor Board review be helpful to assess treatment
041036 -        options?  You have submitted my case many times, but not since
041037 -        April 2004.  At that time, there was a mix up.  The Tumor Board
041038 -        that met on 040416, did not have a chance to consider my IBC
041039 -        situation, because the biopsy was a few days later on 040419,
041040 -        so nobody knew for a long time.  We talked about going back to
041041 -        the Tumor Board for input on this major change, but somehow
041042 -        that didn't happen. Has the current crisis been submitted to
041043 -        the Tumor Board?
041045 -         ..
041046 -    8.  My feeling is that the medical chart for our meeting on 090515
041047 -        has a lot of data and assessment that indicates, despite my
041048 -        age, I am a healthy candidate for full treatment [reported on
041049 -        090515 1140. ref SDS 27 YF9L].  You have explained a key fact
041050 -        that there is no evidence of distant metastasis in internal
041051 -        organs, and so age should not bar my getting equal treatment.
041052 -
041053 -            [On 090522 1247 Doctor Johnson reports to the medical team
041054 -            that all workups have been done; he does not submit the
041055 -            workup; Doctor Johnson refuses support of Tumor Board
041056 -            because he says Millie's complex treatment history
041057 -            ref SDS 38 WP7L
041058 -
041060 -  ..
041061 - Kaiser Delays Treatment Giving Patient 1 Day Notice
041062 -
041063 -
041064 -    9.  Your letter yesterday says to let you know by the "end of the
041065 -        week" on starting treatment.  This is a big fact.
041067 -         ..
041068 -   10.  The "end of the week" is today.  This leaves no time for
041069 -        deliberation, consultation, research - it's another emergency.
041070 -        It is hard for me to choose from unspecified treatments in less
041071 -        than 24 hours without discussion with you and Doctor Rugo.
041072 -
041073 -           [On 090522 1247 Doctor Johnson reports to the medical
041074 -           team that all workups have been done; he does not submit
041075 -           the workup; Doctor Johnson refuses support of Tumor
041076 -           Board because he says Millie's complex treatment
041077 -           history; the doctor does not explain trade-offs between
041078 -           treatments being considered for Millie to recover from
041079 -           8th relapse of cancer. ref SDS 38 XO5O
041080 -
041081 -
041083 -  ..
041084 - Communication with Doctor Denied Phone Calls Never Returned
041085 -
041086 -
041087 -   11.  I have called your office and left messages sometimes
041088 -        twice-a-day about 5 times this past week, and you have
041089 -        understandably been busy.  I know your schedule is hectic.  You
041090 -        have however called in the past during off-hours, so that would
041091 -        be fine for me, including the weekend.  I am visiting family on
041092 -        Saturday so my cell phone is ************ and land is *******
041093 -        ****).
041094 -
041096 -  ..
041097 - Choosing Treatment Denied in 2004 But Required to Choose in 2009
041098 - Patient Choosing Treatment Conflicts with Kaiser Medical Pracitce
041099 - Kaiser Demands Patient Choose Treatment But Offers No Treatment Choices
041100 -
041101 -
041102 -   12.  I have never in 8 years of care been given a choice of
041103 -        treatments.  In every case, you have prescribed my care.  I
041104 -        have signed consents to participate in clinical trials which
041105 -        you prescribed at Kaiser and at UCSF, but I was not presented a
041106 -        choice of trials, nor of treatments.  You have at all times
041107 -        prescribed my care.  I asked once about being treated with
041108 -        Taxotere, which had been effective on a prior relapse.  You
041109 -        explained trade-offs and that doctor discretion for medical
041110 -        necessity required delaying my treatment for 2 months so that
041111 -        you could prescribe a clinical trial.  Oddly today, we seem
041112 -        somehow to have reversed field.
041114 -         ..
041115 -   13.  Treatment which you ask me to choose is unclear in your letter,
041116 -        since it lists no treatments.
041117 -
041119 -  ..
041120 - Kaiser UCSF Not Enough Time Review Treatments for Patient Profile
041121 - Treatment Targeted to Millie's Patient Profile Not Yet Reviewed
041122 -
041123 -
041124 -   14.  In the meeting on 090325, you asked for a list of treatments
041125 -        considered for my patient profile [reported on 090325 0830.
041126 -        ref SDS 18 GO4O]  This was submitted the next day [reported on
041127 -        090326 0058. ref SDS 19 DW5S, and in a follow up letter, Millie
041128 -        asked if the doctor had reviewed the list? ref SDS 20 QM3V  You
041129 -        responded that you would discuss the list during the next
041130 -        meeting [also reported on 090326 1733. ref SDS 21 T64N]  Since
041131 -        your schedule was backed up on 090515, our meeting was delayed
041132 -        90 minutes.  After doing the examination, and explaining Doctor
041133 -        Mason's concerns about clinical trials, there was no time to
041134 -        discuss treatments, because you were late for another meeting.
041135 -        So I have no way to make a choice, and must question sweeping
041136 -        comments that all treatments are equal.
041137 -
041138 -
041140 -  ..
041141 - Single-agent Gemzar Navelbine Treatments Conflict Patient Profile
041142 - Gemzar Navelbine Single-agent Treatments Conflict Patient Profile
041143 -
041144 -
041145 -   15.  I accept that Navelbine and Gemzar are generally of equal
041146 -        consideration.  You explained that carefully in the meeting at
041147 -        Kaiser on 061208 1200. ref SDS 9 RW5I
041149 -         ..
041150 -   16.  What is not clear in your letter is whether the choice is
041151 -        between single agents or couplets [in light of continual
041152 -        warnings by Doctor Johnson that Millie cannot be treated
041153 -        effectively with single-agent drugs shown by case study on
041154 -        090325 0830. ref SDS 18 LE67].  For example, Doctor Benz
041155 -        recommended in his 2nd opinion for UCSF on 041117 I might
041156 -        respond well to Gemzar and Doxil. 041117 1015, ref SDS 3 OU5V
041158 -         ..
041159 -   17.  He later seemed to withdraw this in a subsequent opinion
041160 -        received from you on 060929, indicating Navelbine and Gemzar
041161 -        should be given for me as single agents. 060929 1643,
041162 -        ref SDS 7 WR3Y
041163 -
041165 -  ..
041166 - CPT 11 New Treatment Option for Millie Not Previously Proposed
041167 -
041168 -
041169 -   18.  The medical chart lists CPT 11 as a possible treatment [shown
041170 -        on 090515 1140. ref SDS 27 QQ7F
041172 -         ..
041173 -   19.  I have never heard of it.  How can I possibly choose?
041174 -
041175 -            [On 090522 1247 Doctor Johnson tells Millie to choose a
041176 -            treatment, and does not explain CPT 11, nor present
041177 -            trade-offs to choose the best course of treatment for
041178 -            Millie to recover from 8th relapse of cancer. ref SDS 38
041179 -            XO5O
041181 -             ..
041182 -            [On 090522 1351 Millie asks again for Kaiser to explain
041183 -            CPT-11 and trade-offs with other treatments for Millie's
041184 -            patient profile to recover from 8th relapse of cancer.
041185 -            ref SDS 39 2T9W
041187 -             ..
041188 -            [On 090522 1953 Doctor Johnson notifies Millie that CPT 11
041189 -            is prescribed for patients with colon cancer; does not
041190 -            confirm nor clarify if entry in Millie's medical chart is a
041191 -            mistake, or that CPT 11 is a viable choice for her current
041192 -            care to recover from the 8th relapse of cancer, and does
041193 -            not present trade-offs with other treatments, which Millie
041194 -            requested to facilitate choce of care. ref SDS 40 YT5M
041195 -
041196 -
041198 -  ..
041199 - CPT 11 Same as Bevacizumab Kaiser Collaboration with UCSF
041200 - Bevacizumab Safe Millie's Patient Profile PE Collaborate withy UCSF
041201 - Collaboration between Kaiser and UCSF on CPT 11 Same as Bevacizumab
041202 -
041203 -
041204 -   20.  Research on the Internet seems to correlate CPT 11 with
041205 -        Avastin, which I think is bevacizumab.  You prescribed this in
041206 -        2004 as a clinical trial [reported on 040318 1615. ref SDS 1
041207 -        PU6M].  I received 7 or 8 treatments until I was diagnosed with
041208 -        PE [reported on 041104 1030. ref SDS 2 N438].  Doctor Rugo
041209 -        recently discussed prescribing bevacizumab, despite my PE.  She
041210 -        seemed to cite thorough research following the big scare in
041211 -        2004 did not find a strong causal link between PE and
041212 -        bevacizumab; and, further, that she could design treatment
041213 -        prudently to treat my cancer, while avoiding or minimizing PE
041214 -        risks [reported on 070130 1300, ref SDS 10 LD6Y, and cited in
041215 -        case study on Doctor Rugo's consideration of Millie's treatment
041216 -        options, reported on 090121 1017. ref SDS 13 EV53].  Is this
041217 -        your plan?  Have you collaborated with Doctor Rugo on this?  I
041218 -        relapsed with PE on 061002. 061002 1341, ref SDS 8 MI5I
041220 -         ..
041221 -   21.  Research on 060722 found a study that says 45% of recurrent PE
041222 -        results in death, 060722 0810, ref SDS 6 BI5J, and my patient
041223 -        history shows I am high risk for PE. ref SDS 6 6G6O
041225 -         ..
041226 -   22.  On the other hand, since you gave me less than a year to live
041227 -        in February [reported on 090213 1140. ref SDS 16 9L7N], if we
041228 -        can get 3 -4 months from bevacizumab, the numbers would be
041229 -        about even.
041231 -         ..
041232 -   23.  If CPT 11 is not bevacizumab, can you please explain the
041233 -        treatment?  Is it a drip treatment, oral, how often; what about
041234 -        side effects?  What is the track record?  What are your
041235 -        expectations for my situation?
041236 -
041237 -            [On 090522 1247 Doctor Johnson tells Millie to choose a
041238 -            treatment, and does not explain CPT 11, nor present
041239 -            trade-offs to choose the best course of treatment for
041240 -            Millie to recover from 8th relapse of cancer. ref SDS 38
041241 -            XO5O
041243 -             ..
041244 -            [On 090522 1351 Millie asks again for Kaiser to explain
041245 -            CPT-11 and trade-offs with other treatments for Millie's
041246 -            patient profile to recover from 8th relapse of cancer.
041247 -            ref SDS 39 2T9W
041249 -             ..
041250 -            [On 090522 1953 Doctor Johnson notifies Millie that CPT 11
041251 -            is prescribed for patients with colon cancer; does not
041252 -            confirm nor clarify if entry in Millie's medical chart is a
041253 -            mistake, or that CPT 11 is a viable choice for her current
041254 -            care to recover from the 8th relapse of cancer, and does
041255 -            not present trade-offs with other treatments, which Millie
041256 -            requested to facilitate choce of care. ref SDS 40 YT5M
041257 -
041258 -
041260 -  ..
041261 - Radiation Hyperthermia Effective Millie's Treatment Choice
041262 -
041263 -
041264 -   24.  Absent professional guidance, I would choose to get more
041265 -        radiation and hyperthermia from Doctor Hsu's team [combined
041266 -        with Doxil originally prescribed by Doctor Rugo, reported on
041267 -        090130 1722, ref SDS 14 HK3V, and also combined with vaccines,
041268 -        discussed with Doctor Hsu and Chris on 090312 0800. ref SDS 17
041269 -        F991].  You indicated in the meeting on 090515 [that treatment
041270 -        with radiation and hyperthermia] was effective in the treated
041271 -        areas. 090515 1140, ref SDS 27 OT76  Doctor Hsu says my cancer
041272 -        will never return to these treated areas [reported during
041273 -        meeting at UCSF on 090422, 090423 0830, ref SDS 24 V46K and
041274 -        confirmed in a letter to the medical team on 090423 2337.
041275 -        ref SDS 25 ZL9V].  That seems like solid evidence to base
041276 -        treatment, and it significantly improves my patient history
041277 -        where previously IBC returned again and again to my chest and
041278 -        stomach.
041279 -
041280 -            [On 090522 1247 Kaiser does not respond to Millie's choice
041281 -            and request for trade-offs getting more hyperthermia and
041282 -            radiation and Doxil or other appropirate agents.
041283 -            ref SDS 38 4Q8H
041285 -             ..
041286 -            [On 090522 1351 Millie asks the medical team how
041287 -            hyperthermia, radiation, and Doxil which has been very
041288 -            effective fit in the treatment plan, and Millie confirms
041289 -            choice, absent medical advice, to rely on care with these
041290 -            modalities to recover from the 8th relapse of cancer, which
041291 -            were effective in Feb and Mar recovering from 7th relapse
041292 -            of cancer. ref SDS 39 2T4Y
041293 -
041295 -  ..
041296 - Hyperthermia Doxil Millie's Second Choice for Treatment
041297 -
041298 -
041299 -   25.  Since IBC to be treated now is outside previously treated areas
041300 -        there seems less risk of exceeding tolerance for radiation.
041301 -        Alternatively, Doctor Rugo originally prescribed hyperthermia
041302 -        with Doxil.  If radiation is not a good solution, Doxil or some
041303 -        other agent should be tried to affirmatively eliminate IBC from
041304 -        infected sites.
041306 -         ..
041307 -   26.  Weighing against this is Doctor Hsu's recommendation on 090423
041308 -        that my best course of care is for Doctor Rugo to prescribe
041309 -        systemic treatment [reported on 090423 0830, ref SDS 24 UG6I].
041310 -        He may have been referencing systemic care to complement
041311 -        radiation, because radiation has a tolerance limitation [also
041312 -        reported on 090423, ref SDS 24 UG6L], whereas he seemed to
041313 -        indicate hyperthermia can be given as often as needed [reported
041314 -        on 090312 0800, ref SDS 17 F973].  The question is whether an
041315 -        alternate modality from radiation would be effective [combined
041316 -        with hyperthermia]?  This requires medical judgment.
041318 -         ..
041319 -   27.  Since you have asked me to choose immediately today [in Doctor
041320 -        Johnson's letter on 090521 2006. ref SDS 37 HC8O], the only
041321 -        track record I have for effectiveness is hyperthermia and
041322 -        something.  I would love to come in and get started today,
041323 -        Monday, as soon as possible.  As you know, progression was
041324 -        reported in March, and weekly through April and May it has
041325 -        gotten worse [reported on 090521 0211, ref SDS 35 FM7Q, and
041326 -        earlier on 090510 1953. ref SDS 26 LJ5T].
041327 -
041328 -            [On 090522 1247 Kaiser does not respond to Millie's choice
041329 -            and request for trade-offs getting more hyperthermia and
041330 -            radiation and Doxil or other appropirate agents.
041331 -            ref SDS 38 4Q8H
041333 -             ..
041334 -            [On 090522 1351 Millie asks the medical team how
041335 -            hyperthermia, radiation, and Doxil which has been very
041336 -            effective fit in the treatment plan, and Millie confirms
041337 -            choice, absent medical advice, to rely on care with these
041338 -            modalities to recover from the 8th relapse of cancer, which
041339 -            were effective in Feb and Mar recovering from 7th relapse
041340 -            of cancer. ref SDS 39 2T4Y
041342 -         ..
041343 -   28.  Thanks again for helping me get treatment, and for explaining
041344 -        in your letter yesterday that I need urgent treatment quickly
041345 -        [reported on 090521 2006. ref SDS 37 HC8O].
041347 -         ..
041348 -   29.  Please let me know what to do.
041349 -
041355 -
041356 -
041357 -
041358 -
041359 -
041360 -
041361 -
041362 -
041363 -
041364 -
041365 -
041366 -
0414 -