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: June 24, 2010 04:16 PM Thursday;
Rod Welch
Jennifer called deferred Kaiser's response to Millie's claim.
1...Summary/Objective
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CONTACTS
SUBJECTS
Default Null Subject Account for Blank Record
0403 -
0403 - ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 90 0000. ref SDS 89 0000.
040502 -
040503 -
040504 -
040505 -
040506 -
040508 - ..
0406 -
0407 -
0408 - Background
0409 -
040901 - On 010427 0830 meeting at Kaiser - Doctor Johnson notes Millie looks
040902 - so good nobody can believe she has such severe cancer, ref SDS 45
040903 - OJ6I; the doctor explained again Millie's cancer has mutated through
040904 - 11 relapses to resist chemotherapy. The doctor advised that Kaiser
040905 - has a new strategy prescribing therapy that is effective for treating
040906 - cancer as a chronic disease by "targeting" the genetic profile of
040907 - cancer that has mutated in patients, like Millie, to resist
040908 - chemotherapy. ref SDS 45 SJ6N
040910 - ..
040911 - On 100501 1037 Millie letter to medical team confirms understanding of
040912 - new strategy to treat Millie's cancer with targeted therapy.
040913 - ref SDS 46 F25O
040915 - ..
040916 - On 100501 2017 Doctor Rugo reports plans to collaborate with Doctor
040917 - Johnson at Kaiser on work plan for Millie to recover from 11th relapse
040918 - of cancer caused by UCSF medical mistakes. ref SDS 47 HH4I
040920 - ..
040921 - On 100502 2143 Kaiser confirms that some patients respond well to new
040922 - "targeted" therapies. ref SDS 48 YX8L Kaiser contends that all of the
040923 - strategies for "targeted" therapies have been executed for Millie,
040924 - which seems conflicting with the record in this case. ref SDS 48 MZ4N
040926 - ..
040927 - On 100503 1522 Millie notifies medical team that time of the essence
040928 - to get the next treatment going. ref SDS 49 TD5W
040930 - ..
040931 - On 100503 1945 Kaiser notifies Millie to get remaining 2 treatments
040932 - with Abraxane chemotherapy that seems to be failing, and then after 3
040933 - more weeks without treatment, following a trip abroad, the doctor will
040934 - discuss "next steps." ref SDS 50 YL5N
040936 - ..
040937 - On 100503 2338 Millie reports to medical team that she will implement
040938 - Kaiser's guidance to delay changing treatments, and takes Kaiser's
040939 - letter on 010503, as assurance that recovery will be equal to changing
040940 - treatment immediately on 100505. ref SDS 51 6X7S
040942 - ..
040943 - On 100504 1609 Sara, Practice Manager for the UCSF Oncology Breast
040944 - Care Clinic, called and notified Millie that Doctor Rugo will soon
040945 - communicate with Doctor Johnson, or had already done so, to coordinate
040946 - with Kaiser on planning Millie's next treatment to recover from the
040947 - 11th relapse of cancer. ref SDS 52 NT5N
040949 - ..
040950 - On 010505 0730 Millie received the 2nd treatment at Kaiser for the 3rd
040951 - cycle of Abraxane chemotherapy, as ordered by Doctor Johnson.
040952 - ref SDS 53 KE4K
040954 - ..
040955 - On 100511 0900 cancer marker CA 15-3 520 increased another 100 points,
040956 - seemingly on an accelerating rise, which threatens to cascade out of
040957 - control, because Abraxane chemotherapy is not effective. ref SDS 54
040958 - L54I
040960 - ..
040961 - On 100512 0730 Millie received 3rd treatment for 3rd cycle of
040962 - Abraxane. ref SDS 55 KE4K
040964 - ..
040965 - On 100515 1415 Millie departed 2-week trip to Europe. ref SDS 56 PK9O
040967 - ..
040968 - On 100527 0217 Millie files claim with Kaiser Claims Resolution
040969 - Department for standard of care to recover from 11th relapse of cancer
040970 - caused by medical mistakes getting radiation treatments at UCSF on
040971 - referral from Kaiser. ref SDS 57 IZ7N
040973 - ..
040974 - On 100528 0322 Millie requests support from Medicare to separate
040975 - recovery for medical mistakes getting radiation from UCSF, from health
040976 - care benefits limited by Medicare insurance coverage. ref SDS 58 QQ6N
040978 - ..
040979 - On 100528 1031 called Medicare they have formed a team to review
040980 - Millie's case, and contacted Kaiser's Claims Resolution Department for
040981 - response to Millie's claim. ref SDS 59 4W5F
040983 - ..
040984 - 100601 0830 Doctor Johnson reported that Kaiser has not had time to
040985 - collaborate with UCSF on treatment for Millie to recover from UCSF
040986 - medical mistakes. He discussed treating Millie with MPA, but this was
040987 - not prescribed because Millie was treated with MPA in 2009, and UCSF
040988 - ended the treatment due to fears about blood clot side effects, which
040989 - were believed to cause breathing problems Millie had, though later
040990 - breathing problems were discovered to be caused by defective radiation
040991 - treatment. Since Doctor Johnson said Kaiser has no more treatments
040992 - for Millie, the only way Millie can get relief from pain caused by
040993 - cancer that is progressing without treatment is get treatment in
040994 - Hospice. Since Hospice is the only choice of care offered today,
040995 - Millie accepted this.
040997 - ..
040998 - On 100601 1531 Sharon called to schedule starting Hospice medical
040999 - services beginning tomorrow between 0900 - 1000. ref SDS 46 036C
041001 - ..
041002 - On 100602 0913 Liz provides orientation on Hospice care; she confirms
041003 - Sharon's report yesterday, that if Kaiser performs on the insurance
041004 - agreement to provide standard of care for Millie's patient profile,
041005 - than Millie can elect to recover from 11th relapse of cancer, rather
041006 - than continue with Hospice support for dying peacefully. ref SDS 47
041007 - 036C
041009 - ..
041010 - On 100602 1046 Diane received notice from Medicare to file claim for
041011 - Millie to get treatment for recovering from UCSF medical mistakes; she
041012 - is preparing a statement of claim. ref SDS 64 036C Advised Diane to
041013 - use Millie's statement of claim submitted to Kaiser on 100527.
041014 - ref SDS 64 MZ5H Eileen called later and reported that Kaiser denied
041015 - Millie's claim on the grounds that Medicare does not authorize payment
041016 - for treatment to recover from cancer, after a patient starts Hospice.
041017 - ref SDS 64 UN4M Requested that Eileen read he claim and then make a
041018 - good faith determiantion. ref SDS 64 I33H Eileen called back after
041019 - reading the claim and advised the denial of claim has been withdrawn,
041020 - and the matter is referred to Claims Resolution Department.
041021 - ref SDS 64 UN5P
041023 - ..
041024 - On 100603 0449 Millie notified medical team that Kaiser called today
041025 - about moving forward to resolve medical mistakes getting radiation
041026 - treatment at UCSF on referral from Kaiser. ref SDS 65 IX9Q
041028 - ..
041029 - On 100606 1604 Doctor Johnson notifies Millie that her cancer marker
041030 - has remained fairly stable the past 3 weeks since ending treatment
041031 - with Abraxane on 100512; actually went up less without Abraxane, than
041032 - with it, because Millie's cancer resists chemotherapy. ref SDS 66 036C
041034 - ..
041035 - On 100606 1638 Millie thanks Doctor Johnson for submitting good news
041036 - cancer marker CA 15-3 606 much smaller rise than exptected after
041037 - ending treatment for 3 weeks. ref SDS 67 036C; asks if Doctor Rugo ever
041038 - returned Doctor Johnson's call from Kaiser, as planned in Doctor
041039 - Rugo's letter on 100501?
041041 - ..
041042 - On 100606 2317 Millie receives letter from Doctor Johnson reporting
041043 - that Doctor Rugo has never returned his call asking UCSF for Millie's
041044 - treatment plan, which demonstrates failure to perform on Doctor Rugo's
041045 - commitment in UCSF letter sent to the medical team on 100501.
041046 - ref SDS 68 036C
041048 - ..
041049 - On 100607 0932 called Cherry at Medicare about progress on contacting
041050 - Kaiser to process Millie's claim filed on 100527, and planned in the
041051 - call with Medicare (Cherry and Beth) as action item #8, planned the
041052 - next day on 100528 1031, ref SDS 59 PE6P; today, Cherry did not have
041053 - time to return the call. ref SDS 69 036C
041055 - ..
041056 - On 100607 1021 called Paula at Kaiser - she said someone else is
041057 - handling Millie's claim, because the claim has not been denied, and
041058 - Paula only handles denied claims. ref SDS 70 036C; Paula further
041059 - reported that Kaiser no longer objects to demaning UCSF correct
041060 - medical mistakes, so Millie's claim should be easy to resolve.
041061 - ref SDS 70 QN9F
041063 - ..
041064 - On 100607 1117 letter to Paula confirming Kaiser's work plan to
041065 - process Millie's claim for care promptly in order to save her life.
041066 - ref SDS 71 036C
041068 - ..
041069 - On 100608 1521 called and talked to Cherry and Beth about expediting
041070 - Millie's claim at Kaiser. ref SDS 72 036C Developed work plan to have
041071 - a conference call with Kaiser tomorrow. ref SDS 72 C354 Submitted
041072 - letter to Kasier and CMS Medicare confirming work plan for tomorrow.
041073 - ref SDS 72 G84Q
041075 - ..
041076 - On 100609 1114 called CMS to expedite conference call on expediting
041077 - Millie's care. ref SDS 73 036C Cherry called and schedule telecon with
041078 - Kaiesr and CMS today 1300. ref SDS 73 8O4H Received letter from Cherry
041079 - at CMS confirming work plan for conference call at 1300. ref SDS 73
041080 - PRXY
041082 - ..
041083 - On 100609 1232 letter to CMS and Kaiser submitts agenda for conference
041084 - call to review progress on Kaiser resolving Millie's claim for
041085 - recovery from UCSF medical mistakes. ref SDS 74 036C
041087 - ..
041088 - On 100609 1300 CMS and Kaiser conference call to report progress on
041089 - reviewing Millie's claim for treatment to recover from UCSF medical
041090 - mistakes in time to be effective. ref SDS 75 036C
041092 - ..
041093 - On 100609 1522 Jennifer called for assistance processing Millie's
041094 - claim to recover from medical mistakes getting radiation treatment at
041095 - UCSF on referral from Kaiser. ref SDS 76 036C
041097 - ..
041098 - On 100611 1451 Jennifer advised Kaiser extended the date for
041099 - responding to Millie's claim from 100610 to 100624, based on Millie
041100 - filing updated statement of authorized representative. ref SDS 80 036C
041101 - Jennifer reported she reviewed 6-issues discussed on 100609, and will
041102 - address these issues responding to Millie's claim. ref SDS 80 FQ4G
041103 - Jennifer asked how Kaiser can treat Millie to recover from UCSF
041104 - medical mistakes, if Millie refuses chemotherapy and has entered
041105 - Hospice. ref SDS 80 FQ4M
041107 - ..
041108 - On 100611 2326 Millie received Jennifer's letter confirming the date
041109 - for Kaiser to respond to Millie's claim has been extended to 100624,
041110 - ref SDS 81 CV4O, and further advising that issues Kaiser will determine
041111 - responding to Millie's claim for recovering from UCSF medical
041112 - mistakes, ref SDS 81 036C, are as set out in the record for telecon on
041113 - 100609. ref SDS 76 XK50 Jennifer will call on 100615, to report
041114 - progress on respnding to Millie's claim. ref SDS 81 6P53
041116 - ..
041117 - On 100614 0257 letter to Kaiser Medicar CMS claim team requests
041118 - immediate written proposal evaluating treatment options for Millie to
041119 - consider. ref SDS 82 036C
041121 - ..
041122 - On 100616 0832 called Jennifer about her plan to call yesterday on
041123 - Tuesday to report progress Kaiser responding to Millie's claim, as set
041124 - out in Jennifer's letter on 100611. ref SDS 83 036C Jennifer called
041125 - back to ask if Millie wants UCSF or Kaiser to pay for her damages
041126 - caused by UCSF medical mistakes. ref SDS 83 PSSV Jennifer reported
041127 - delays communicating with Millie's medical team have delayed making
041128 - arrangements for Millie to start treatment recovering from UCSF
041129 - medical mistakes. ref SDS 83 OY4T She plans to call on Friday, 100618,
041130 - to report progress responding to Millie's claim. ref SDS 83 1K5J
041132 - ..
041133 - On 100618 0843 called Jennifer at Memeber Case Resolution Department
041134 - about progress responding to Millie's claim. ref SDS 84 036C
041136 - ..
041137 - On 100620 1112 letter to Kaiser claim team with copy to Medicare, and
041138 - the medical team requests call on Monday 100621, planned for previous
041139 - Friday, 100628, to report progress getting Millie treatment.
041140 - ref SDS 85 036C Recommends that delay communicating with medical team
041141 - that has delayed Millie starting treatment in time to be effective,
041142 - ref SDS 85 L59P, can be solved by hiring MD Anderson. ref SDS 85 L59X
041144 - ..
041145 - On 100621 0853 called for Jennifer and left several messages,
041146 - including for her team lead. ref SDS 87 036C Nobody had time today
041147 - for calling back. ref SDS 87 OP3N
041149 - ..
041150 - On 100622 1027 Jennifer called and advised that Doctor Johnson
041151 - responded to request for comment on Millie's claim saying he cannot
041152 - provide care for Millie because she entered Hospice on 100601,
041153 - ref SDS 89 036C; recommended Jennifer check Kaiser's medical chart for
041154 - Millie meeting with Doctor Johnson to see Millie was given no choices
041155 - except to enter Hospice in order to avoid further pain and suffering.
041156 - ref SDS 89 NX68
041158 - ..
041159 - On 100622 1511 letter to claim team and Medicare, and to Millie's
041160 - medical team confirming understanding in Jennifer's call that Millie's
041161 - medical team at Kaiser seems to refuse Millie standard of care to
041162 - recover from UCSF medical mistakes, because she was forced to enter
041163 - Hospice to get relief from pain caused by UCSF medical mistakes.
041164 - ref SDS 90 036C UCSF delays compounded Millie's injuries, pain, and
041165 - suffering; caution must be exercised to enable recovery, based on
041166 - Millie's right to life. ref SDS 90 575U Millie's patient history
041167 - shows the doctor's only issue, ref SDS 90 576V, is having time to
041168 - providing standard of care for Millie to recover from medical
041169 - mistakes, and if not, then Kaiser should assign someone who does.
041170 - ref SDS 90 583Y Kaiser has violated Millie's human rights; a woman's
041171 - right to choose life for herself, should be no less than the right to
041172 - choose for her unborn child, since the right to life and due process
041173 - are protected by the US Constitution. ref SDS 90 584W Kaiser can
041174 - easily solve the time problem by hiring other people to do the work,
041175 - and charging UCSF. ref SDS 90 585P
041177 - ..
041178 - 100624 1616 Jennifer called and asked to extend Kaiser's response to
041179 - Millie's claim another day or so, for review with her boss, and with
041180 - the customer. ref SDS 0 036C Jennifer the original date for Kaiser to
041181 - respond on 100610, required by statute, and then amended to today on
041182 - 100624, can be further amended, and cited unclear authority about 30
041183 - days instead of 14. ref SDS 0 EG5P Agreed that extending Kaiser's
041184 - response another few days until tomorrow, or Monday, is an acceptable
041185 - risk, even though Millie's cancer markier has increased significantly
041186 - to over 1000, and so that an equitable solution can be implented that
041187 - allows treatment in time to be effective for Millie. ref SDS 0 EG73
041188 - Jennifer will submit her draft response, and call tomorrow for
041189 - discussing Kaiser's solution. ref SDS 0 H98M
041190 -
041191 -
041192 -
041193 -
041194 -
041196 - ..
0412 -
0413 -
0414 - Progress
0415 -
041501 - Jennifer received the letter to the claim team submitted on 100622
041502 - 1511, ref SDS 90 036C, explaining Millie is entitled to recover from
041503 - UCSF medical mistakes, ref SDS 90 575U, because Millie was presented a
041504 - Hobson's choice on 100601, forcing her into Hospice in order to
041505 - relieve pain and suffering from chemotherapy, and from injuries caused
041506 - by UCSF medical mistakes, discussed with Jennifer on 100611 1521.
041507 - ref SDS 80 FQ5K
041509 - ..
041510 - Jennifer is calling today on Kaiser's work plan responding to Millie's
041511 - claim in time to be effective, confirmed in the letter to the claim
041512 - team and to Medicare 2-days ago on 100622 1511. ref SDS 90 584T
041514 - ..
041515 - Jennifer advised that she has completed a draft of Kaiser's response
041516 - to Millie's claim filed on 100527. ref SDS 57 IZ7N Her next step is
041517 - to review the draft with her boss. Jennifer noted that her boss is
041518 - very talented, and so can help refine the draft into a comprehensive
041519 - solution, leading to formal submission to Millie.
041521 - ..
041522 - Jennifer further indicated that after she gets assistance from review
041523 - with her boss, she wants to call and discuss the proposed response
041524 - prior to Kaiser making a formal submission.
041526 - ..
041527 - Jennifer is concerned that her boss is very busy, and so may not have
041528 - time to make a careful review today; and, even if she can, that leaves
041529 - very little time to call and discuss with the customer in order to
041530 - accomplish an effective solution. Talented people with limited time
041531 - has been a chronic challenge in this case, shown by statement of facts
041532 - in Millie's claim. 100527 0217, ref SDS 57 X933
041534 - ..
041535 - Jennifer asked if Millie will agree to extend the response until
041536 - tomorrow?
041537 -
041538 - [On 100625 0852 letter to claim teams at Kaiser and
041539 - Medicare, and to medical team confirms Kaiser's response
041540 - deferred several days for deliberation to increase accuracy
041541 - of solution. ref SDS 91 1X5R
041543 - ..
041544 - [On 100626 0917 received letter from CMS where Cherry
041545 - submits CMS regulations on MA response date for Millie's
041546 - claim; there is nothing evident on extending the response
041547 - date. ref SDS 92 036C
041549 - ..
041550 - [On 100628 1033 CMS reported that Kaiser notified CMS that
041551 - Kaiser intends to delay responding to Millie's claim until
041552 - 100710. ref SDS 94 UQ99
041554 - ..
041555 - [On 100628 2318 Millie notified CMS and Kaiser that
041556 - delaying treatment places Millie in grave jeopardy.
041557 - ref SDS 95 R44W
041559 - ..
041560 - We reviewed Jennifer's call on 100611 1521. ref SDS 80 FP5L, and
041561 - confirmed in her letter later that day, saying that Kaiser would
041562 - respond on 100624, today, reported on 100611 2326. ref SDS 81 CV4O
041563 - Millie's cancer marker has suddenly increased significantly,
041564 - indicating rapid progression of disease, reported by Arlette today on
041565 - Mil's lab on 100622 0900. ref SDS 88 L54I Therefore, as stated time
041566 - of the essence for Kaiser to act for Millie's recovery from UCSF
041567 - medical mistakes.
041569 - ..
041570 - Jennifer said she gave herself until today for responding to Millie's
041571 - claim, but Kaiser actually has 30 days from the day Millie submitted
041572 - authorization for representation on 100610 0930. ref SDS 78 6I7M
041573 -
041574 - [On 100626 0917 received letter from CMS where Cherry
041575 - submits CMS regulations on MA response date for Millie's
041576 - claim; there is nothing evident on extending the response
041577 - date. ref SDS 92 036C
041579 - ..
041580 - [On 100628 0228 letter to claim teams asks how CMS
041581 - regulations are applied for extending response to Millie's
041582 - claim beyond 14 days cited in 422.570, and suggests another
041583 - claim team conference call can clarify everyone is on
041584 - track. ref SDS 93 KH8Y
041586 - ..
041587 - Kaiser should submit the authority that guides response time in this
041588 - case. On 100609, Julie, with Medicare, seemed to state that Kaiser
041589 - was required by statute to respond to Millie's claim on 100610.
041590 - ref SDS 75 6F64
041592 - ..
041593 - Advised that Millie prefers a comprehensive solution that accurately
041594 - aligns with patient history, so that Millie can commence recovery from
041595 - UCSF medical mistakes in time to be effective, rather than a defective
041596 - response, caused by a rush to judgement that prolongs a correct
041597 - response by requiring appeal proceedings in order to get a corrected
041598 - judgement.
041600 - ..
041601 - Therefore, if Kaiser needs another few days for deliberations to craft
041602 - a response that aligns with the record, Millie is better served by
041603 - waiting another few days, even though her cancer marker has nearly
041604 - doubled in the past month, for the lab on 100622 0900. ref SDS 88 L54I
041606 - ..
041607 - For complex problems, the long way around is the short way there.
041609 - ..
041610 - Asked Jennifer to submit a draft of Kaiser's response to prepare for
041611 - productve discussion toward equitable solution tomorrow.
041613 - ..
041614 - Jennifer will ask her boss about submitting a draft this afternoon, or
041615 - in the morning.
041617 - ..
041618 - Jennifer commented that she enjoys working on Millie's claim becasue
041619 - SDS records of patient history make tracking chronology of problems
041620 - fast and easy using links and case studies on particular issues. This
041621 - aligns with Jennifer's report on 100609, that comprehensive records of
041622 - Millie's patient history helps people understand complex problems
041623 - faster and easier. 100609 1522, ref SDS 76 XL76 A few days later on
041624 - 100611, Jennifer reported that SDS records accurately present
041625 - communications in telephone calls with Kaiser on 100609. ref SDS 80
041626 - 734L
041628 - ..
041629 - [On 100628 1033 Beth at CMS noted that Millie's case is very
041630 - complicated, CMS is learning a lot about health care case
041631 - management, and problems providing quality care, based on
041632 - Millie's records of patient history. ref SDS 94 F54X
041634 - ..
041635 - She will call tomorrow to discuss progress.
041636 -
041637 -
041638 -
041639 -
041640 -
041641 -
041642 -
041643 -
041644 -
0417 -