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 28, 2009 01:34 PM Thursday; Rod Welch

Millie asks UCSF for treatment to recover from 8th relapse of cancer,
because Kaiser failed to perform insurance agreement to provide care.

1...Summary/Objective
2...Millie Over-treated Cannot Estimate Time to Progression
3...May Not Work at All Millie Over-treated Patient Profile Resists Chemo
4...Unfortunately Chemotherapy Drugs Proposed by Kaiser May Not Work at All
5...Targeted Treatment Essential Millie's Patient Profile to Recover 8th Relapse
6...Demand for Treatment Standard of Care Millie's Patient Profile
7...Kaiser Defaults Insurance Contract Millie Orders Work from Others
8...UCSF Asked for Treatment Mitigate Damages Kaiser Refusal to Perform
9...Cancer Untreated 2 Months Kauser UCSF Ignore Requests for Timely Care
10...Millie Mitigates Damages Authorizes Payment to UCSF for Timely Treatment
11...Lymphedema Left Arm Worsens Because Kaiser Refused Treatment IBC


..............
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CONTACTS 

SUBJECTS
Default Null Subject Account for Blank Record

0403 -
0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 59 0000, ref SDS 58 0000.
040502 -
040503 -
040504 -
040505 -
040507 -  ..
0406 -
0407 -
0408 - Background
0409 -
040901 - On 090121 1041 Glenna called and said that progression of Millie's
040902 - cancer, most notably in the breastbone area requires UCSF to change
040903 - treatments, as ordered by Doctor Johnson at Kaiser on 081219.  Doctor
040904 - Rugo needs a list of treatments from Millie's records which UCSF has
040905 - planned to treat Millie's cancer as a chronic disease, ref SDS 6 Y67L,
040906 - further ordered by Doctor Johnson at Kaiser on 081219. ref SDS 5 V93O
040908 -  ..
040909 - On 090123 1326 Doctor Johnson confirms prior guidance that multiple
040910 - (7) relapses have mutated Millie's cancer into a very aggressive
040911 - disease that requires immediate change in treatment in order for
040912 - Millie to recover. ref SDS 8 RK6O
040914 -  ..
040915 - On 090129 0800 UCSF delayed Millie's treatment 1 week due to problems
040916 - of missed communication between Oncology and Infusion, reported on
040917 - 090130 1722. ref SDS 9 AY8Q
040919 -  ..
040920 - On 090129 1036 Doctor Rugo at UCSF notified Kaiser that Millie needs
040921 - immediate treatment to recover from 7th relapse of cancer, which is
040922 - worse in the breastbone area, and proposes treatment in UCSF Radiation
040923 - Oncology Department with hyperthermia and Doxil, reported on 090130
040924 - 1722. ref SDS 9 TZ6H
040926 -  ..
040927 - On 090201 2017 UCSF delayed treatment for Millie's 7th relapse of
040928 - cancer, because the Radiation Oncology Department needed more time to
040929 - schedule the work. ref SDS 10 GV4M
040931 -  ..
040932 - On 090202 1047 Kaiser delayed authorization for Millie's treatment
040933 - because the doctor did not fill out a form correctly referring
040934 - Millie's treatment to UCSF. ref SDS 11 9Y5I
040936 -  ..
040937 - On 090202 1353 UCSF delayed treatment again for 6 weeks to maintain an
040938 - orderly schedule. ref SDS 12 SP6H
040940 -  ..
040941 - On 090202 1932 Doctor Rugo at UCSF Oncology Department notified the
040942 - medical team that Millie needs urgent treatment quickly in time to be
040943 - effective. ref SDS 13 Y15J
040945 -  ..
040946 - On 090203 1438 UCSF Radiation Oncology Department advances Millie's
040947 - treatment 4 weeks to begin in time to be effective. ref SDS 14 XX5I
040949 -  ..
040950 - On 090204 0219 Millie's letter asks Doctor Rugo to submit proactive
040951 - planning for follow on treatment after hyperthermia and Doxil for
040952 - Millie's 6th relapse of IBC. ref SDS 15 278T
040954 -  ..
040955 - On 090204 1914 Doctor Rugo defers teamwork for practice synergy and
040956 - proactive management to plan for alternate scenarios that optimize
040957 - coprehensive care is prevented because Millie's case is very
040958 - complicated. ref SDS 16 063I
040960 -  ..
040961 - On 090205 0830 Doctor Hsu examination in UCSF Radiation Oncology
040962 - Department finds Millie's cancer has progressed significantly due to
040963 - delays starting treatment; changes treatment protocol from
040964 - hyperthermia and Doxil to radiation and hyperthermia. ref SDS 17 EY5F
040966 -  ..
040967 - On 090213 1140 Doctor Johnson notifies Millie that she has less than 1
040968 - year to live, ref SDS 19 646L, unless she gets effective treatment
040969 - quickly for cancer that has mutated into aggressive disease that will
040970 - cascade out of control. ref SDS 19 ES7I
040972 -  ..
040973 - On 090218 1205 Millie notifies Doctor Rugo again that Doctor Johnson
040974 - has authorized UCSF Cancer Center to begin planning Millie's next
040975 - treatment after radiation and hyperthremia, because she has a narrow
040976 - margin for delay getting treatment to survive. ref SDS 20 TH6U
040978 -  ..
040979 - On 090219 1315 UCSF begins treatment 4-weeks late on referral from
040980 - Kaiser for Millie to recover from 7th relapse of cancer. ref SDS 21
040981 - E57G
040983 -  ..
040984 - On 090310 0351 after 3-weeks treatment with radiation and
040985 - hyperthermia Millie notifies medical team that cancer in the
040986 - breastbone area seems worse. ref SDS 23 O56X
040988 -  ..
040989 - On 090331 2947 Millie notified medical team of possible IBC
040990 - progression on lower left arm, and asked about starting treatment to
040991 - recover from 8th relapse of cancer. ref SDS 27 Q64R
040993 -  ..
040994 - On 090401 0032 Doctor Hsu diagnosed new rash on Millie's lower left
040995 - arm as progression of IBC. ref SDS 28 R24X
040997 -  ..
040998 - On 090401 0046 Millie asks about getting treatment of IBC spreading to
040999 - lower left arm, which establishes the 8th relapse of cancer diagnosed
041000 - by Doctor Hsu. ref SDS 29 RE8P
041002 -  ..
041003 - On 090401 0121 Doctor Rugo reports Millie's wound in breastbone area
041004 - diagnosed as reaction to 4-weeks of radiation that ended on 090317
041005 - must heal before starting treatment for IBC relapse, and so defers the
041006 - meeting scheduled on 090402 0800; Doctor Rugo expects full recovery
041007 - from IBC in areas treated with radiation and hyperthermia because this
041008 - regimen to be very effective. ref SDS 30 K56O
041010 -  ..
041011 - On 090412 2241 Millie reports again to the medical team that IBC on
041012 - lower left arm is getting worse, and requests immediate treatment in
041013 - order to prevent problems cited by Doctor Johnson that delay risks
041014 - losing control and death. ref SDS 31 9S8Y
041016 -  ..
041017 - On 090510 1220 Millie reports wound in the breastbone diagnosed as
041018 - reaction to radiation looks worse; asks if this might be IBC because
041019 - of a mistake in performing radiation treatments?   Millie further
041020 - asked about doing a biopsy to test for cancer, so that treatment can
041021 - begin immediately under Doctor Johnson's warning that immediate
041022 - treatment is essential for recovery. ref SDS 33 LJ5T
041024 -  ..
041025 - On 090514 0830 Doctor Rugo prescribes treatment with MPA, ref SDS 34
041026 - D647, and submits a letter to Kaiser submitting the protocol,
041027 - ref SDS 34 DI63, as previously requested by Doctor Johnson on 081219
041028 - 1140. ref SDS 5 V93O
041030 -  ..
041031 - On 090515 0800 Doctor Rugo notifies medical team that Kaiser failed to
041032 - perform requirements for referral to pay for Millie's treatment
041033 - recommended by UCSF Cancer Center as the best evidence of care that
041034 - has the best chance for Millie to recover, which Kaiser is required to
041035 - provide under section 2 of EOC. ref SDS 35 WP6S
041037 -  ..
041038 - On 090515 1017 Millie notified medical team that Doctor Rugo's letter
041039 - was received; that Kaiser is responsible for Millie's care, and Millie
041040 - will meet with the primary care doctor at Kaiser on 090515 1140 and
041041 - request that Kaiser prescribe care for Millie's 8th relapse of cancer
041042 - based on the best evidence, ref SDS 36 6Q8W, as shown in Doctor Rugo's
041043 - letter to Kaiser on 090514 0830. ref SDS 34 DI63
041045 -  ..
041046 - On 090515 1518 Doctor Rugo responds wishing Millie "good luck."
041047 - ref SDS 38 PW7H
041049 -  ..
041050 - On 090515 1140 Millie met with Doctor Johnson at Kaiser and the doctor
041051 - said that he was told by Doctor Mason that the primary care physician,
041052 - Doctor Johnson, cannot prescribe standard of care treatment for Millie
041053 - in a clinical trial, despite patient history having prescribed prior
041054 - clinical trials 4 times previously for standard of care in oncology,
041055 - and as a result, Doctor Johnson requested a draft to assist him
041056 - preparing an appeal to file with Member Services so that Kaiser can
041057 - expedite Millie's recovery from the 8th relapse of cancer. ref SDS 37
041058 - 655R
041060 -  ..
041061 - On 090516 0858 Millie notified Doctor Rugo that Doctor Johnson is
041062 - filing an appeal for Kaiser to treat Millie with MPA protocol
041063 - recommended by UCSF to recover from the 8th relapse of cancer.
041064 - ref SDS 39 SY4J
041066 -  ..
041067 - On 090518 0017 Millie submits letter to Doctor Johnson with copy to
041068 - Doctor Rugo at UCSF, and transmitting a draft to assist Doctor Johnson
041069 - filing his appeal with Member Services to assisting Kaiser implement
041070 - Doctor Johnson's strategy to treat Millie's cancer as a chronic
041071 - disease in time for Millie to recover from the 8th relapse of cancer.
041072 - ref SDS 40 R16I
041074 -  ..
041075 - On 090519 1536 Doctor Johnson changed his mind; he sent the draft
041076 - appeal to Doctor Mason, and tells Millie to file an appeal with Member
041077 - Services, which is incorrect since at this time Millie has not been
041078 - denied medical services; and the doctor further says he is suddenly
041079 - relieved of responsibility performed continuously the past 8 years to
041080 - prescribe treatment for Millie to recover from cancer, because
041081 - Kaiser's Outside Referrals Department has a better understanding of
041082 - Medicare. ref SDS 41 5K7H
041084 -  ..
041085 - On 090519 1613 Millie responded, ref SDS 42 8V8H, to the Doctor's
041086 - letter earlier yesterday afternoon on 090519 1536, ref SDS 41 5K7H;
041087 - and, Millie asks the doctor to prescribe treatment so she can recover
041088 - from cancer, as done previously in patient history, ref SDS 42 TY3X,
041089 - and further as planned by the doctor during the meeting on 090515
041090 - 1140. ref SDS 37 655R  Millie also asked the doctor to call on
041091 - expediting treatment in time to be effective, see again on 090520
041092 - 1613, ref SDS 42 TY4W; and Millie asks Doctor Rugo for a "drop dead"
041093 - date on how soon treatment must start in order to be effective, also,
041094 - reported on 090519 1613. ref SDS 42 TX4W
041096 -  ..
041097 - Since Kaiser has delayed ordering treatment, reported on 090520 1710.
041098 - ref SDS 48 ZF4Q, then on 090521 0211 Millie's letter to Doctor Rugo at
041099 - UCSF with copy to Doctor Hsu asks about getting treatment with
041100 - hyperthermia and Doxil, while Kaiser resolves delays ordering MPA
041101 - prescribed by Doctor Rugo for Millie to recover from 8th relapse of
041102 - cancer, which Millie reports is getting worse every day, ref SDS 49
041103 - FM7Q, and since Kaiser has previosuly authorized treatment with
041104 - hyperthermia and Doxil, which Doctor Rugo recommended earlier on
041105 - 090129 for Millie to recover from the 7th relapse. ref SDS 49 6M4F
041107 -  ..
041108 - On 090521 2006, Millie received a letter from Doctor Johnson
041109 - responding to Millie's letter to the medical team on 090520 1710, and
041110 - requesting that Kaiser prescribe treatment suitable for Millie's
041111 - patient profile for recovering from 8th relapse of cancer. ref SDS 48
041112 - P65H   Doctor Johnson's letter was sent through Kaiser's Knowledge
041113 - Management System and so was not disclosed to the medical team, and it
041114 - did transmit the Doctor Johnson's medical chart for the meeting on
041115 - 090515, ref SDS 37 YT5N, and said that Millie could "choose" any
041116 - treatment she wants, and no treatment is superior for Millie's patient
041117 - profile, 090521 2006, ref SDS 51 9Q9H; the doctor noted Millie's
041118 - cancer is progressing and so she needs to start treatment by the end
041119 - of the week, which was in just 12 hours, which means today,
041120 - ref SDS 51 HC8O, and the doctor told Millie to call Medicare for
041121 - prescribing treatment to recover from the 8th relapse of cancer.
041122 - ref SDS 51 HC93
041124 -  ..
041125 - On 090522 0813 Millie responded to Doctor Johnson's letter on 090521
041126 - 2006 and submitted copies to the medical team to maintain
041127 - collaboration that has been effective treating Millie the past 8
041128 - years.  Millie also sent a copy to Jullian Kwok to notify Medicare
041129 - that Kaiser is refusing treatment. ref SDS 52 RX6L  Millie asked
041130 - Kaiser to prepare a workup and Tumor Board to evaluate Millie's next
041131 - treatment, including trade-offs comparing all of the treatments
041132 - available for Millie. ref SDS 52 7Z5Y  Millie reports having called
041133 - Kaiser numerous times to speak with the doctor on prescribing
041134 - treatment. ref SDS 52 7Z9Y  Millie notifies medical team she chooses
041135 - hyperthermia and radiation, Doxil, or other agent suitable for
041136 - Millie's patient profile. ref SDS 52 715V
041138 -  ..
041139 - On 090522 1247 Millie received a response from Doctor Johnson to
041140 - Millie's letter on 090522 0813. ref SDS 52 RX6L who sent copies to the
041141 - medical team, and saying Kaiser has performed workups, but does not
041142 - submit any works, and says Millie's patient profile is too complex for
041143 - Tumor Board to evaluate best course of treatment, and that Millie's
041144 - patient profile resists single agent treatments like Gemzar and
041145 - Navelbine, and that Millie can choose Hospice instead of treatment
041146 - with drugs which her patient profile now resists. ref SDS 53 XO5O
041148 -  ..
041149 - On 090522 1351 Millie responded to Kaiser's letter submitted by Doctor
041150 - Johnson on 090522 1247, ref SDS 53 XO5O, confirming Millie needs
041151 - urgent treatment to start quickly, reported on 090522 1351,
041152 - ref SDS 54 7R7J; Millie asks if treatment with Gemzar, Navelbine, and
041153 - possibly CTP, ref SDS 54 2T9W and ref SDS 54 2T4P, will be weeks of
041154 - agony then progression of cancer that requires another treatment
041155 - "targeted" to treat Millie's patient profile. ref SDS 54 2T4S  Millie
041156 - requested advice on treatment with a clinical trial at Kaiser, based
041157 - on patient history, ref SDS 54 2T4V, and further requested trade-offs
041158 - getting more hyperthermia and radiation and Doxil or other appropriate
041159 - agent, including vaccines. ref SDS 54 2T4Y
041160 -
041162 -  ..
041163 - Millie Over-treated Cannot Estimate Time to Progression
041164 - May Not Work at All Millie Over-treated Patient Profile Resists Chemo
041165 - Unfortunately Chemotherapy Drugs Proposed by Kaiser May Not Work at All
041166 - Targeted Treatment Essential Millie's Patient Profile to Recover 8th Relapse
041167 -
041168 - Follow up ref SDS 59 NM6J.
041169 -
041170 - On 090522 1953 Millie received a letter from Doctor Johnson responding
041171 - to Millie's letter to the medical team at Kaiser and UCSF this
041172 - afternoon, reported on 090522 1351. ref SDS 54 7R7J  For some reason,
041173 - the doctor he did not submit copies to the medical team, demonstrating
041174 - uneven case management for coordination and collaboration; the doctor
041175 - confirms that treatment with single-agent chemotherapies presented as
041176 - the only choices for care may not work at all for Millie to recover
041177 - from 8th relapse of cancer. ref SDS 55 NV4L
041178 -
041179 -
041181 -  ..
041182 - Demand for Treatment Standard of Care Millie's Patient Profile
041183 -
041184 - Follow up ref SDS 59 ON8G, ref SDS 58 ON8G.
041185 -
041186 - On 090523 0148 Millie sent a letter to Paula in the Kaiser Claims
041187 - Resolution Department with copy to medical team demanding treatment to
041188 - recover from 8th relapse applying standard of care for Millie's
041189 - patient profile. ref SDS 56 2P6J
041190 -
041192 -  ..
041193 - Kaiser Defaults Insurance Contract Millie Orders Work from Others
041194 -
041195 - Follow up ref SDS 59 UD5H, ref SDS 58 UD5H.
041196 -
041197 - On 090528 0803 called Paula for progress processing Millie's claim for
041198 - treatment with standard of care for Millie's patient profile.
041199 - ref SDS 58 T04L
041201 -  ..
041202 - On 090528 1228 Millie sent a letter to Paula confirming claim
041203 - demanding timely treatment for 8th relapse of cancer. ref SDS 59 UD5H
041204 - and saying that she will get treatment through another provider and
041205 - bill Kaiser, because her doctor at Kaiser says Millie needs immediate
041206 - treatment, and Kaiser has failed to perform. 090528 1228, ref SDS 59
041207 - 4N8X
041208 -
041209 -
041211 -  ..
0413 -
0414 -
0415 - Progress
0416 -
041601 - UCSF Asked for Treatment Mitigate Damages Kaiser Refusal to Perform
041602 -
041603 - Follow up ref SDS 59 UD5H, ref SDS 58 UD5H.
041604 -
041605 - On 090528 1334 Millie sent a letter to Doctor Rugo and Doctor Hsu at
041606 - UCSF requesting treatment, ref SDS 0 UD5H, and sent a copy to notify
041607 - the medical team she has been forced to get treatment from another
041608 - provider to mitigate damages from Kaiser's failure to provide care.
041609 - ref SDS 0 2L7P
041610 -
041611 -    1.  Subject: Treatment Plan 8th Relapse of Cancer Kaiser's Standard of Care
041612 -        Date: Thu, 28 May 2009 14:05:05 -0700
041622 -         ..
041623 -    2.  As you know, I have been discussing with Kaiser prescribing
041624 -        treatment for my 8th relapse of cancer [see patient history,
041625 -        reported on 090528 1334, ref SDS 0 CI7J].  Kaiser has discussed
041626 -        Navelbine, Gemzar, CPT [reported on 090522 1351. ref SDS 54
041627 -        2T4P], hyperthermia with radiation or other modalities,
041628 -        including chemotherapy with Doxil, bevacizumab, and with
041629 -        clinical trials [see Millie's letter to Paula in Kaiser Member
041630 -        Services Claims Resolution reported on 090528 1228. ref SDS 59
041631 -        4N5U].  However, no treatment has been prescribed [see Kaiser's
041632 -        letter to Millie failing to prescribe treatment on 090522 1953.
041633 -        ref SDS 55 NV4L, and noted in Millie's letter to Paula reported
041634 -        on 090523 0148. ref SDS 56 DQ9Q]
041636 -         ..
041637 -    3.  Communication today with Kaiser indicates performing Kaiser's
041638 -        procedures to order care will significantly delay treatment
041639 -        [reported on 090528 1228, ref SDS 59 4M6Y and ref SDS 59 4N7U].
041640 -        My last systemic treatment was on 090122, ref SDS 7 AT6N, and
041641 -        my last treatment with radiation and hyperthermia was on
041642 -        090317. ref SDS 25 9L7K  Progression was reported by Tara in
041643 -        your office on 090423, ref SDS 32 DW6F, and later by Doctor Hsu
041644 -        on the same day. ref SDS 32 UG5L  Your examination on 090514
041645 -        found that my IBC has progressed further, still mostly on my
041646 -        left arm, but beginning in other areas outside those treated
041647 -        with radiation and hyperthermia. ref SDS 34 5U4M
041648 -
041650 -  ..
041651 - Cancer Untreated 2 Months Kauser UCSF Ignore Requests for Timely Care
041652 - Millie Mitigates Damages Authorizes Payment to UCSF for Timely Treatment
041653 - Lymphedema Left Arm Worsens Because Kaiser Refused Treatment IBC
041654 -
041655 -
041656 -    4.  Right now I am feeling very good.  IBC has compounded
041657 -        lymphedema on the left arm.  Patient history shows if I do not
041658 -        get treatment soon, I will decline quickly toward death
041659 -        [notified by Doctor Johnson, primary care physician during
041660 -        meetings at Kaiser beginning on 080829, shown by case study on
041661 -        090325. ref SDS 26 L15M  On 090213, when IBC got very bad and
041662 -        the cancer marker soared to the highest level because I was
041663 -        without treatment for a month, Doctor Johnson said I had less
041664 -        than a year to live, ref SDS 19 9L7N [unless I get timely
041665 -        treatment at UCSF for cancer as a chronic disease. ref SDS 19
041666 -        WZ6K].  Doctor Hsu then advanced my treatment date, and this
041667 -        demonstrated that I can still respond well to treatment, when
041668 -        provided in time.
041670 -         ..
041671 -    5.  Since I have been without treatment now for 2 months, I have
041672 -        told Kaiser that in order to allow time for steps Kaiser needs
041673 -        to prescribe my treatment, I will personally authorize payment
041674 -        for your time to prescribe treatment and submit your bill and
041675 -        the prescription to Kaiser.  If Kaiser does not prescribe
041676 -        treatment, I will authorize UCSF to provide treatment and
041677 -        recover costs from Kaiser, as based on best evidence and
041678 -        medical necessity [Millie's letter to Paula with Member
041679 -        Services Claims Resolution reported on 090528 1228. ref SDS 59
041680 -        4N8X].
041682 -         ..
041683 -    6.  Can you please let me know what I need to do to start treatment
041684 -        as soon as possible, or as you feel is required.
041685 -
041686 -            [On 090528 1613 Doctor Rugo prescribes a new treatment
041687 -            starting next week with gemcitabine at Kaiser. ref SDS 60
041688 -            XZ4M
041690 -             ..
041691 -            [On 090528 1652 Millie responded to Doctor Rugo's letter
041692 -            notifying medical team again that she needs a prescription
041693 -            to recover from the 8th relapse of cancer, and asking for
041694 -            comparison of the new treatment proposed by Doctor Rugo
041695 -            with other treatments the team has presented. ref SDS 61
041696 -            MZ7N
041698 -             ..
041699 -            [On 090610 0122 notified Paula in Claims Resolution
041700 -            Department that UCSF medical mistakes require UCSF to
041701 -            provide treatment for Millie to recover. ref SDS 62 855G
041703 -             ..
041704 -            [On 090610 0930 Paula advised that UCSF is liable to Kaiser
041705 -            for fixing medical mistakes performing radiation services
041706 -            for Millie on referral from Kaiser. ref SDS 63 855G
041707 -
041708 -
041715 -
041716 -
041717 -
041718 -
041719 -
041720 -
041721 -
041722 -
041723 -
041724 -
0418 -