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: July 19, 2010 01:12 PM Monday; Rod Welch

Kaiser proposes meeting on Millie's claim after 44 unproductive meetings.

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 E1 0000. ref SDS E0 0000.
040502 -
040503 -
040504 -
040505 -
040507 -  ..
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 68
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 for Millie to recover from UCSF medical mistakes by
040906 - treating cancer as a chronic disease "targeting" the genetic profile
040907 - of cancer that has mutated in patients, like Millie, to resist
040908 - chemotherapy. ref SDS 68 SJ6N
040910 -  ..
040911 - On 100501 1037 Millie letter to medical team confirms Kaiser's new
040912 - strategy to treat Millie's cancer with "targeted therapy." ref SDS 69
040913 - F25O  Millie requests Kaiser immediately switch from Abraxane
040914 - chemotherapy that has failed, and implement Doctor Rugo's plan at UCSF
040915 - on 090616, to treat Millie with PARP that is "targeted" to Millie's
040916 - rare patient profile of "triple negative" and avoids pain and
040917 - suffering from chemotherapy side effects, and for the purpose of
040918 - recovering from UCSF medical mistakes. ref SDS 69 U47P and ref SDS 69
040919 - U49V
040921 -  ..
040922 - On 100501 2017 Doctor Rugo reports she will call and collaborate with
040923 - Doctor Johnson at Kaiser to implement the UCSF work plan for treating
040924 - Millie with PARP to recover from UCSF medical mistakes, ref SDS 70
040925 - HH4I, responding to Millie's notice earlier on 100501, that cancer is
040926 - progressing due to UCSF medical mistakes, ref SDS 69 U47P, and
040927 - requesting recovery by implementing Doctor Rugo's work plan on 090616.
040928 - ref SDS 37 KD6L
040930 -  ..
040931 - On 100502 2143 Kaiser confirms that some patients respond well to new
040932 - "targeted" therapies. ref SDS 72 YX8L  Kaiser contends that all of the
040933 - strategies for "targeted" therapies have been executed for Millie,
040934 - which seems conflicting with the record in this case. ref SDS 72 MZ4N
040936 -  ..
040937 - On 100503 1522 Millie notifies medical team that time of the essence
040938 - to get the next treatment going. ref SDS 73 TD5W
040940 -  ..
040941 - On 100503 1945 Kaiser notifies Millie to get remaining 2 treatments
040942 - with Abraxane chemotherapy that seems to be failing, and then after 3
040943 - more weeks without treatment, following a trip abroad, the doctor will
040944 - discuss "next steps." ref SDS 74 YL5N
040946 -  ..
040947 - On 100503 2338 Millie reports to medical team that she will implement
040948 - Kaiser's guidance to delay changing treatments, and takes Kaiser's
040949 - letter on 010503, as assurance that recovery will be equal to changing
040950 - treatment immediately on 100505. ref SDS 75 6X7S
040952 -  ..
040953 - On 100504 1609 Sara, Practice Manager for the UCSF Oncology Breast
040954 - Care Clinic, called and notified Millie that Doctor Rugo will soon
040955 - communicate with Doctor Johnson, or had already done so, to coordinate
040956 - with Kaiser on planning Millie's next treatment to recover from the
040957 - 11th relapse of cancer. ref SDS 76 NT5N
040959 -  ..
040960 - On 010505 0730 Millie received the 2nd treatment at Kaiser for the 3rd
040961 - cycle of Abraxane chemotherapy, as ordered by Doctor Johnson.
040962 - ref SDS 77 KE4K
040964 -  ..
040965 - On 100511 0900 cancer marker CA 15-3 520 increased another 100 points,
040966 - seemingly on an accelerating rise, which threatens to cascade out of
040967 - control, because Abraxane chemotherapy is not effective. ref SDS 78
040968 - L54I
040970 -  ..
040971 - On 100512 0730 Millie received 3rd treatment for 3rd cycle of
040972 - Abraxane. ref SDS 79 KE4K
040974 -  ..
040975 - On 100515 1415 Millie departed 2-week trip to Europe. ref SDS 80 PK9O
040977 -  ..
040978 - On 100527 0217 Millie files claim with Kaiser Claims Resolution
040979 - Department for standard of care to recover from 11th relapse of cancer
040980 - caused by medical mistakes getting radiation treatments at UCSF on
040981 - referral from Kaiser. ref SDS 81 IZ7N
040983 -  ..
040984 - On 100528 0322 Millie requests support from Medicare to separate
040985 - recovery for medical mistakes getting radiation from UCSF, from health
040986 - care benefits limited by Medicare insurance coverage. ref SDS 82 QQ6N
040988 -  ..
040989 - On 100528 1031 called Medicare they have formed a team to review
040990 - Millie's case, and contacted Kaiser's Claims Resolution Department for
040991 - response to Millie's claim. ref SDS 83 4W5F
040993 -  ..
040994 - 100601 0830 Doctor Johnson reported that Kaiser has not had time to
040995 - collaborate with UCSF on treatment for Millie to recover from UCSF
040996 - medical mistakes.  He discussed treating Millie with MPA, but this was
040997 - not prescribed because Millie was treated with MPA in 2009, and UCSF
040998 - ended the treatment due to fears about blood clot side effects, which
040999 - were believed to cause breathing problems Millie had, though later
041000 - breathing problems were discovered to be caused by defective radiation
041001 - treatment.  Since Doctor Johnson said Kaiser has no more treatments
041002 - for Millie, the only way Millie can get relief from pain caused by
041003 - cancer that is progressing without treatment is get treatment in
041004 - Hospice.  Since Hospice is the only choice of care offered today,
041005 - Millie accepted this.
041007 -  ..
041008 - On 100601 1531 Sharon called to schedule starting Hospice medical
041009 - services beginning tomorrow between 0900 - 1000. ref SDS 69 036C
041011 -  ..
041012 - On 100602 0913 Liz provides orientation on Hospice care; she confirms
041013 - Sharon's report yesterday, that if Kaiser performs on the insurance
041014 - agreement to provide standard of care for Millie's patient profile,
041015 - than Millie can elect to recover from 11th relapse of cancer, rather
041016 - than continue with Hospice support for dying peacefully. ref SDS 70
041017 - 036C
041019 -  ..
041020 - On 100602 1046 Diane received notice from Medicare to file claim for
041021 - Millie to get treatment for recovering from UCSF medical mistakes; she
041022 - is preparing a statement of claim. ref SDS 88 036C  Advised Diane to
041023 - use Millie's statement of claim submitted to Kaiser on 100527.
041024 - ref SDS 88 MZ5H  Eileen called later and reported that Kaiser denied
041025 - Millie's claim on the grounds that Medicare does not authorize payment
041026 - for treatment to recover from cancer, after a patient starts Hospice.
041027 - ref SDS 88 UN4M  Requested that Eileen read he claim and then make a
041028 - good faith determiantion. ref SDS 88 I33H  Eileen called back after
041029 - reading the claim and advised the denial of claim has been withdrawn,
041030 - and the matter is referred to Claims Resolution Department.
041031 - ref SDS 88 UN5P
041033 -  ..
041034 - On 100603 0449 Millie notified medical team that Kaiser called today
041035 - about moving forward to resolve medical mistakes getting radiation
041036 - treatment at UCSF on referral from Kaiser. ref SDS 89 IX9Q
041038 -  ..
041039 - On 100606 1604 Doctor Johnson notifies Millie that her cancer marker
041040 - has remained fairly stable the past 3 weeks since ending treatment
041041 - with Abraxane on 100512; actually went up less without Abraxane, than
041042 - with it, because Millie's cancer resists chemotherapy. ref SDS 90 036C
041044 -  ..
041045 - On 100606 1638 Millie thanks Doctor Johnson for submitting good news
041046 - cancer marker CA 15-3 606 much smaller rise than exptected after
041047 - ending treatment for 3 weeks. ref SDS 91 036C; asks if Doctor Rugo ever
041048 - returned Doctor Johnson's call from Kaiser, as planned in Doctor
041049 - Rugo's letter on 100501?
041051 -  ..
041052 - On 100606 2317 Millie receives letter from Doctor Johnson reporting
041053 - that Doctor Rugo has never returned his call asking UCSF for Millie's
041054 - treatment plan, which demonstrates failure to perform on Doctor Rugo's
041055 - commitment in UCSF letter sent to the medical team on 100501.
041056 - ref SDS 92 036C
041058 -  ..
041059 - On 100607 0932 called Cherry at Medicare about progress on contacting
041060 - Kaiser to process Millie's claim filed on 100527, and planned in the
041061 - call with Medicare (Cherry and Beth) as action item #8, planned the
041062 - next day on 100528 1031, ref SDS 83 PE6P; today, Cherry did not have
041063 - time to return the call. ref SDS 93 036C
041065 -  ..
041066 - On 100607 1021 called Paula at Kaiser - she said someone else is
041067 - handling Millie's claim, because the claim has not been denied, and
041068 - Paula only handles denied claims. ref SDS 94 036C; Paula further
041069 - reported that Kaiser no longer objects to demaning UCSF correct
041070 - medical mistakes, so Millie's claim should be easy to resolve.
041071 - ref SDS 94 QN9F
041073 -  ..
041074 - On 100607 1117 letter to Paula confirming Kaiser's work plan to
041075 - process Millie's claim for care promptly in order to save her life.
041076 - ref SDS 95 036C
041078 -  ..
041079 - On 100608 1521 called and talked to Cherry and Beth about expediting
041080 - Millie's claim at Kaiser. ref SDS 96 036C  Developed work plan to have
041081 - a conference call with Kaiser tomorrow. ref SDS 96 C354  Submitted
041082 - letter to Kasier and CMS Medicare confirming work plan for tomorrow.
041083 - ref SDS 96 G84Q
041085 -  ..
041086 - On 100609 1114 called CMS to expedite conference call on expediting
041087 - Millie's care. ref SDS 97 036C  Cherry called and schedule telecon with
041088 - Kaiesr and CMS today 1300. ref SDS 97 8O4H  Received letter from Cherry
041089 - at CMS confirming work plan for conference call at 1300. ref SDS 97
041090 - PRXY
041092 -  ..
041093 - On 100609 1232 letter to CMS and Kaiser submitts agenda for conference
041094 - call to review progress on Kaiser resolving Millie's claim for
041095 - recovery from UCSF medical mistakes. ref SDS 98 036C
041097 -  ..
041098 - On 100609 1300 CMS and Kaiser conference call to report progress on
041099 - reviewing Millie's claim for treatment to recover from UCSF medical
041100 - mistakes in time to be effective. ref SDS 99 036C
041102 -  ..
041103 - On 100609 1522 Jennifer called for assistance processing Millie's
041104 - claim to recover from medical mistakes getting radiation treatment at
041105 - UCSF on referral from Kaiser. ref SDS A0 036C
041107 -  ..
041108 - On 100611 1451 Jennifer advised Kaiser extended the date for
041109 - responding to Millie's claim from 100610 to 100624, based on Millie
041110 - filing updated statement of authorized representative. ref SDS A4 036C
041111 - Jennifer reported she reviewed 6-issues discussed on 100609, and will
041112 - address these issues responding to Millie's claim. ref SDS A4 FQ4G
041113 - Jennifer asked how Kaiser can treat Millie to recover from UCSF
041114 - medical mistakes, if Millie refuses chemotherapy and has entered
041115 - Hospice. ref SDS A4 FQ4M
041117 -  ..
041118 - On 100611 2326 Millie received Jennifer's letter confirming the date
041119 - for Kaiser to respond to Millie's claim has been extended to 100624,
041120 - ref SDS A5 CV4O, and further advising that issues Kaiser will determine
041121 - responding to Millie's claim for recovering from UCSF medical
041122 - mistakes, ref SDS A5 036C, are as set out in the record for telecon on
041123 - 100609. ref SDS A0 XK50  Jennifer will call on 100615, to report
041124 - progress on respnding to Millie's claim. ref SDS A5 6P53
041126 -  ..
041127 - On 100614 0257 letter to Kaiser Medicar CMS claim team requests
041128 - immediate written proposal evaluating treatment options for Millie to
041129 - consider. ref SDS A6 036C
041131 -  ..
041132 - On 100616 0832 called Jennifer about her plan to call yesterday on
041133 - Tuesday to report progress Kaiser responding to Millie's claim, as set
041134 - out in Jennifer's letter on 100611. ref SDS A7 036C   Jennifer called
041135 - back to ask if Millie wants UCSF or Kaiser to pay for her damages
041136 - caused by UCSF medical mistakes. ref SDS A7 PSSV  Jennifer reported
041137 - delays communicating with Millie's medical team have delayed making
041138 - arrangements for Millie to start treatment recovering from UCSF
041139 - medical mistakes. ref SDS A7 OY4T  She plans to call on Friday, 100618,
041140 - to report progress responding to Millie's claim. ref SDS A7 1K5J
041142 -  ..
041143 - On 100618 0843 called Jennifer at Memeber Case Resolution Department
041144 - about progress responding to Millie's claim. ref SDS A8 036C
041146 -  ..
041147 - On 100620 1112 letter to Kaiser claim team with copy to Medicare, and
041148 - the medical team requests call on Monday 100621, planned for previous
041149 - Friday, 100628, to report progress getting Millie treatment.
041150 - ref SDS A9 036C  Recommends that delay communicating with medical team
041151 - that has delayed Millie starting treatment in time to be effective,
041152 - ref SDS A9 L59P, can be solved by hiring MD Anderson. ref SDS A9 L59X
041154 -  ..
041155 - On 100621 0853 called for Jennifer and left several messages,
041156 - including for her team lead. ref SDS B1 036C  Nobody had time today
041157 - for calling back. ref SDS B1 OP3N
041159 -  ..
041160 - On 100622 1027 Jennifer called and advised that Doctor Johnson
041161 - responded to request for comment on Millie's claim saying he cannot
041162 - provide care for Millie because she entered Hospice on 100601,
041163 - ref SDS B3 036C; recommended Jennifer check Kaiser's medical chart for
041164 - Millie meeting with Doctor Johnson to see Millie was given no choices
041165 - except to enter Hospice in order to avoid further pain and suffering.
041166 - ref SDS B3 NX68
041168 -  ..
041169 - On 100622 1511 letter to claim team and Medicare, and to Millie's
041170 - medical team confirming understanding in Jennifer's call that Millie's
041171 - medical team at Kaiser seems to refuse Millie standard of care to
041172 - recover from UCSF medical mistakes, because she was forced to enter
041173 - Hospice to get relief from pain caused by UCSF medical mistakes.
041174 - ref SDS B4 036C  UCSF delays compounded Millie's injuries, pain, and
041175 - suffering; caution must be exercised to enable recovery, based on
041176 - Millie's right to life. ref SDS B4 575U   Millie's patient history
041177 - shows the doctor's only issue, ref SDS B4 576V, is having time to
041178 - providing standard of care for Millie to recover from medical
041179 - mistakes, and if not, then Kaiser should assign someone who does.
041180 - ref SDS B4 583Y  Kaiser has violated Millie's human rights; a woman's
041181 - right to choose life for herself, should be no less than the right to
041182 - choose for her unborn child, since the right to life and due process
041183 - are protected by the US Constitution. ref SDS B4 584W  Kaiser can
041184 - easily solve the time problem by hiring other people to do the work,
041185 - and charging UCSF. ref SDS B4 585P
041187 -  ..
041188 - 100624 1616 Jennifer called and asked to extend Kaiser's response to
041189 - Millie's claim another day or so, for review with her boss, and with
041190 - the customer. ref SDS B5 036C  Jennifer the original date for Kaiser to
041191 - respond on 100610, required by statute, and then amended to today on
041192 - 100624, can be further amended, and cited unclear authority about 30
041193 - days instead of 14. ref SDS B5 EG5P  Agreed that extending Kaiser's
041194 - response another few days until tomorrow, or Monday, is an acceptable
041195 - risk, even though Millie's cancer markier has increased significantly
041196 - to over 1000, and so that an equitable solution can be implented that
041197 - allows treatment in time to be effective for Millie. ref SDS B5 EG73
041198 - Jennifer will submit her draft response, and call tomorrow for
041199 - discussing Kaiser's solution. ref SDS B5 H98M
041201 -  ..
041202 - On 100625 0852 letter to Kaiser and Medicare claim teams confirming
041203 - Kaiser's request to extend date for responding to Millie's claim
041204 - another few days until Monday in order to get comprehensive solution.
041205 - ref SDS B6 036C
041207 -  ..
041208 - On 100626 0917 received letter from Cherry at Medicare, ref SDS B7
041209 - 036C, submitting CMS regulations, that control due date for Kaiser to
041210 - respond to Millie's claim. ref SDS B7 N64I
041212 -  ..
041213 - On 100628 0228 letter to claim teams at Medicare and Kaiser asking how
041214 - CMS regulations received on 100625, apply to extend Kaiser's response
041215 - date for expediting Millie's recovery. ref SDS B8 036C
041217 -  ..
041218 - On 100628 1033 called CMS Medicare for Beth Simone on regulations for
041219 - Kaiser to respond to Millie's claim.
041221 -  ..
041222 - On 100628 2318 submitted record of telecon with CMS, ref SDS C0 036C,
041223 - and that CMS learned today that Kaiser changed Millie's claim to a
041224 - Grievance, and notified CMS that Kaiser intends to delay response
041225 - until 100710, to Millie's claim filed on 100527.
041227 -  ..
041228 - On 100629 00003 received letter from Cherry transmitting Grievance
041229 - procedures, cited in the telecon yesterday as a change Kaiser made to
041230 - delay responding until 100710, to Millie's claim filed on 100527.
041231 - ref SDS C1 036C  Review of Grievance regulations show Kaiser required
041232 - to make timely response based on patient health. ref SDS C1 PN5S
041234 -  ..
041235 - On 100629 0013 letter thanks CMS for submitting regulations on
041236 - Grievance procedures, and notes requirements for Kaiser to respond
041237 - prior to maximum allowed of 30 days, based on patient health.
041238 - ref SDS C2 036C
041240 -  ..
041241 - On 100629 1631 called Medicare (CMS) on results of their
041242 - teleconference with Kaiser on expediting response to Millie's claim.
041243 - ref SDS C3 036C
041245 -  ..
041246 - On 100630 0027 Millie thanks Doctor Johnson for reporting on 100606,
041247 - that UCSF did not call Kaiser to provide care for Millie to recover
041248 - from UCSF medical mistakes. ref SDS C4 036C; she reports blood counts
041249 - are good, but cancer progressing because treatment was stopped on
041250 - 100601, for pain relief from chemotherapy. ref SDS C4 V83U  Kaiser has
041251 - deferred responding to Millie's claim, ref SDS C4 V87S, and needs to
041252 - know how soon her health status requires Kaiser to make a response.
041253 - ref SDS C4 V88T  Millie asks about deferring the meeting with Doctor
041254 - Johnson tomorrow, until Kaiser responds to Millie's claim, or, Millie
041255 - would love to meet, if Doctor Johnson has communicated with Doctor
041256 - Rugo on a work plan for Millie to recover from UCSF medical mistakes.
041257 - ref SDS C4 V89X
041259 -  ..
041260 - On 100630 1148 Doctor Johnson notfies Millie, and the Kaiser claim
041261 - team that he is confused about Millie's case, because Kaiser has
041262 - deferred determination on urgent requirement for care. ref SDS C5 036C
041263 - Doctor Johnson notes Millie is in Hospice and states that Millie's
041264 - disease is resistant to all forms of therapy, and that entering
041265 - Hospice is based on patient desire to forego therapy. ref SDS C5 PY4J
041266 - He asks if Millie wants to dis-enroll from Hospice. ref SDS C5 OY5G
041267 - Doctor Johnson further notes that public domain email conflicts with
041268 - HIPAA regulations. ref SDS C5 0W5U
041270 -  ..
041271 - On 100630 1537 Millie notified medical team and claim team, thanking
041272 - Doctor Johnson for his letter commenting on Millie feeling better
041273 - after ending chemotherap.  Confirms Doctor Johnson's intent to defer
041274 - meeting scheduled for tomorrow until after Kaiser responds to Millie's
041275 - claim, and further confirms Doctor Johnson has still not communicated
041276 - with Doctor Rugo on UCSF providing care for Millie to recover from
041277 - UCSF medical mistakes. ref SDS C6 M86X  Advises that Doctor Johnson's
041278 - assertion that Millie's cancer now resists all forms of therapy
041279 - conflicts with the record; Doctor Johnson advised that finding
041280 - effective treatment requires experimentation; Millie's first treatment
041281 - failed, and had to be switched. ref SDS C6 M87Q  When UCSF discovered
041282 - medical mistakes, UCSF failed to provide necessary and reasonable care
041283 - for Millie to recover, and instead prescribed chemotherapy, which was
041284 - not effective and caused unbearable pain and suffering, causing Millie
041285 - to enter Hospice. ref SDS C6 M84P  The only evident purpose for
041286 - Millie's death is to avoid accountability from medical mistakes and
041287 - avoid cost of recovery, by making Millie suffer, and making Medicare
041288 - pay, while Millie is actually innocent, and Medicare is innocent.
041289 - ref SDS C6 M84S  Millie sent 44 letters to medical team requesting
041290 - targeted treatment to recover from UCSF medical mistakes, and
041291 - reporting pain and suffering from chemotherapy; so, on 100601, Millie
041292 - entered Hospice for pain relief for chemotherapy. ref SDS C6 M84Y
041293 - Millie cannot dis-enroll from Hospice providing pain medication until
041294 - Kaiser provides standard of care to recover from UCSF medical
041295 - mistakes. ref SDS C6 M93V  Millie explains benefits to saving lives,
041296 - time, and money using public domain email. ref SDS C6 M94W  Millie
041297 - notes Doctor Johnson's report today shows Kaiser has violated Medicare
041298 - regulations by delaying response to her claim longer than justified by
041299 - Millie's health status. ref SDS C6 M96P
041301 -  ..
041302 - On 100701 0915 Carol called this morning saying she is the Chief of
041303 - Hospice and advised that she was told that Millie wants to dis-enroll
041304 - from Hospice.  Millie sent a letter to the medical team, and claim
041305 - teams confirming understandings from the call with Carol. ref SDS C7
041306 - 036C  Millie advised Carol that Millie entered Hospice for pain relief
041307 - for chemotherapy, and so she cannot dis-enroll from Hospice providing
041308 - pain medication until Kaiser provides standard of care to recover from
041309 - UCSF medical mistakes. ref SDS C7 Q85S  Millie explains she wants a
041310 - written medical opinion on treatments lined up for her to recover from
041311 - UCSF medical mistakes that provides a "roadmap to a future worth
041312 - living." ref SDS C7 Q85Y
041314 -  ..
041315 - On 100701 1140, meeting this morning scheduled during a prior meeting
041316 - at Kaiser on 100601, ref SDS 85 7E4S, was canceled because Doctor
041317 - Johnson's letter yesterday, said nothing about receiving instructions
041318 - from Kaiser's claims department on solving Millie's claim for care to
041319 - recover from UCSF medical mistakes, ref SDS C5 036C   Since Doctor
041320 - Johnson was not authorized to provide care requested in Millie's claim
041321 - on 100527, ref SDS 81 IZ7N, meeting would jeperodize Millie's rights
041322 - in the case by adding or otherwise modifying her statement of claim.
041323 - ref SDS C8 036C
041325 -  ..
041326 - On 100701 1213 Lois called and talked to Rod for explanation of
041327 - Millie's claim, and planned to talk with Doctor Johnson about a
041328 - resolution. ref SDS C9 036C
041330 -  ..
041331 - On 100702 1424 Millie received letter from Doctor Johnson submitting
041332 - Kaiser's lab report on results of Millie's blood test on 100622, and
041333 - without comment except the doctor circled with ink CA 15-3 1116.
041334 - ref SDS D0 036C
041336 -  ..
041337 - On 100702 1612 Lois called and reported discussing Millie's claim with
041338 - Doctor Johnson, who evidently indicated he cannot find on the Internet
041339 - a provider willing to treat Millie with PARP. ref SDS D1 036C  Lois
041340 - asked to talk with Millie in order to verify what Millie wants in her
041341 - claim filed on 100527.  Lois was referred to Millie's claim, and to
041342 - the letter to Kaiser on 100701, confirming Millie's telecon with
041343 - Carol, with the Kaiser Hospice program. ref SDS C7 036C
041345 -  ..
041346 - On 100705 2050 planning letter to Kaiser and Medicare claim teams
041347 - asking for remedies for damanges caused by Kaiser delaying response to
041348 - Millie's request for urgent care. ref SDS D2 036C
041350 -  ..
041351 - On 100708 0038 letter to Kaiser with copy to Medicare asking for
041352 - Millie's remedies for Kaiser delaying response to Millie's claim
041353 - requesting immedicate treatment to recover from UCSF medical mistakes.
041354 - ref SDS D4 036C
041356 -  ..
041357 - On 100710 1343 Millie received a letter from Kaiser responding to her
041358 - claim. ref SDS D5 036C  Kaiser says the office Millie was directed to
041359 - submit her claim to be held harmless from medical mistakes was
041360 - incorrect. ref SDS D5 X48S  Kaiser advises that Doctor Johnson reports
041361 - Millie's patient hsitory makes getting treatment with PARP prescribed
041362 - by Doctor Rugo to recover from UCSF medical mistakes due to
041363 - "eligibility" issues. ref SDS D5 X45V  The doctor feels Millie's cancer
041364 - is difficult to treat, and maintains nothing can help her recover from
041365 - UCSF medical mistakes without having tried a single treatment listed
041366 - in Millie's claim; Kaiser does not deny any request in Millie's claim,
041367 - but proposes she discuss her care directly with Doctor Johnson who
041368 - claims to have lost hope. ref SDS D5 X530  Kaiser apoligizes for taking
041369 - 44 days to respond to Millie's claim, because unnamed regulations give
041370 - Kaiser 30 days to respond. ref SDS D5 X547   Kaiser advises Millie can
041371 - dispute the determination through arbitration, but Kaiser does not
041372 - present a disputable issue. ref SDS D5 768G  Kaiser advises that Millie
041373 - can appeal to Medicare. ref SDS D5 X54Q
041375 -  ..
041376 - On 100713 0007 Millie requests reconsideration Kaiser's determination
041377 - on Millie's claim, ref SDS D6 036C, and appeals to Medicare for
041378 - compliance with CMS regulations. ref SDS D6 J74S
041380 -  ..
041381 - On 100714 0742 Millie received copy of an internal letter Paula sent
041382 - notifying the Kaiser claim team that Millie's letter on 100713,
041383 - requests reconsideration and appeals to Medicare Kaiser's letter dated
041384 - 100708, and received on 100710, denying Millie's claim to recover from
041385 - medical mistakes filed on 100527. ref SDS D7 036C
041387 -  ..
041388 - On 100715 1802 received securemail from Jennifer with response from
041389 - Kaiesr claim team, ref SDS D9 036C, to the letter on 100713, requesting
041390 - reconsideration and appealing, ref SDS D6 036C, Kaiser's letter dated
041391 - 100708, and received on 100710, ref SDS D5 036C, denying Millie's
041392 - claim filed on 100527. ref SDS 81 IZ7N
041394 -  ..
041395 - On 100716 0830 called Beth at CMS (Medicare), ref SDS E0 036C, to
041396 - verify request on 100713 appealing to Medicare, ref SDS D6 J74S,
041397 - Kaiser's claim team letter dated 100708, received on 100710,
041398 - ref SDS D5 036C, denying Millie's appeal for standard of care to
041399 - recover from UCSF medical mistakes beginning with PARP. ref SDS 81
041400 - IZ7N; sent letter to Jullin at CMS asking if anything more needs to be
041401 - filed for Medicare to process Millie's request for appealing Kaiser's
041402 - denial of Millie's claim. ref SDS E0 07FC  While hiking at Lafayette
041403 - Reservoir, received call from Paula at Kaiser claim team.  Reception
041404 - was poor due to wind, so decided to call again at the house in a few
041405 - hours. ref SDS E0 D69K  Received letter from Jullin saying Millie's
041406 - appeal is submitted to Medicare on Kaiser's denial of care.
041407 - ref SDS E0 07FC  Paula called from Kaiser claim team, and this became a
041408 - conference call with CMS (Medicare) on advancing Millie's claim for
041409 - recovery from UCSF medical mistakes. ref SDS E0 PW3U
041411 -  ..
041412 - On 100719 0522 Millie sent a letter to Doctor Johnson explaining
041413 - background on claim team, ref SDS E1 036C, suggestions for another
041414 - meeting. ref SDS E1 JH5V  Millie notified the doctor that she wants a
041415 - written work plan from Kaiser on recovering from UCSF medical
041416 - mistakes. ref SDS E1 JH5Y  She submits a draft to illustrate elements
041417 - of the work plan. ref SDS E1 JH8P  Millie will meet with the doctor to
041418 - implment the work plan. ref SDS E1 JH4T
041420 -  ..
041421 - On 100719 1312 Millie received letter from Doctor Johnson refusing to
041422 - present a work plan and disclose arrangements for Millie to recover
041423 - from UCSF medical mistakes in advance of meeting discuss details on
041424 - implementing the work plan. ref SDS 0 036C
041425 -
041426 -
041428 -  ..
0415 -
0416 -
0417 - Progress
0418 -
041801 - Millie received letter from Doctor Johnson saying...
041802 -
041803 -    1.  Subject: Re: Recovery Plan - PARP Immediately, MD Anderson IBC Research Lab
041804 -        Date: Mon, 19 Jul 2010 10:53:29 -0700
041817 -         ..
041818 -    2.  ...[...responding to your letter this morning, reporting work
041819 -        with Kaiser and Medicare claim teams, ref SDS E1 036C, leading
041820 -        to request for me to arrange for implementation of UCSF work
041821 -        plan on 090616, providing care for you to recover from UCSF
041822 -        medical mistakes, ref SDS E1 JH5Y, and to meet and discuss
041823 -        implementation details. ref SDS E1 JH4T...]
041825 -         ..
041826 -    3.  Since you are currently in Hospice, I would need to see you, in
041827 -        person, to discuss the next steps in your treatment.  Please
041828 -        call and make an appointment.  You must understand that
041829 -        enrollment in a Clinical Trial would lead to your
041830 -        dis-enrollment from Hospice.  Also, if your performance status
041831 -        is not adequate, you could be deemed ineligible.  Finally, you
041832 -        may be ineligible for a PARP Clinical Trial because you have
041833 -        had too many treatments.
041835 -  ..
041836 - Kaiser's letter today omits any consideration nor awareness of a
041837 - fiduciary responsibility (legal duty, financial incentive, etc) to
041838 - provide Millie's recovery from medical mistakes flowing from Kaiser's
041839 - referral work at UCSF, as presented in Millie's claim filed on 100527
041840 - 0217. ref SDS 81 IZ7N  Millie notified Kaiser on 091019, to represent
041841 - her interests in good faith for recovering damages caused by treatment
041842 - under Kaiser's referral and performed by UCSF. ref SDS 45 014Q
041844 -  ..
041845 - Doctor Johnson's letter today proposing another open ended meeting
041846 - with no work plan to justify "discussion" with the patient is the
041847 - cause of Millie's claim filed on 100527, ref SDS 81 X67R and
041848 - ref SDS 81 X553, and so cannot be the remedy without evidence showing
041849 - progress can result, otherwise this is an endless loop that violates
041850 - notice requirements for finality that enables legal intervention.
041852 -  ..
041853 - Without a showing of progress on a work plan to arrange for Millie to
041854 - recover from UCSF medical mistakes, Kaiser is in default on its
041855 - obligations to hold Millie harmless from UCSF medical mistakes
041856 - providing care on referral from Kaiser.  Kaiser's letter today seems
041857 - unaware of this obligation not even mentioning Millie is entitled to
041858 - recover from medical mistakes, nor presenting any effort to overcome
041859 - obstacles caused by UCSF and Kaiser.
041861 -  ..
041862 - Kaiser's concern about Millie's performance status overlooks that
041863 - Millie has been ECOG score 0 up until 100601, shown by Kaiser's
041864 - medical chart. ref SDS 85 W15Y, and so any subsequent deficit is due
041865 - to delay by Kaiser and UCSF failing to provide care in time to be
041866 - effective.
041868 -  ..
041869 - Similarly, UCSF proposed PARP on 090616.  Therefore, if any subsequent
041870 - treatments present eligibility problems these are problems for Kaiser
041871 - and UCSF to resovle, since they caused the problems.
041873 -  ..
041874 - On 100503 2338 Millie reports to medical team that she will implement
041875 - Kaiser's guidance to delay changing treatments, and takes Kaiser's
041876 - letter "today" (on 100503) is assurance that recovery will be equal to
041877 - changing treatment immediately on 100505. ref SDS 75 6X7S
041879 -  ..
041880 - Kaiser's concern about Millie being in Hospice while Kaiser develops a
041881 - work plan for recovery from UCSF medical mistakes can be resolved by
041882 - billing Kaiser's account for Millie's recovery from medical mistakes,
041883 - instead of the Medicare Hospice account.  It's an accounting problem.
041884 -
041885 -
041902 -
041904 -  ..
0420 -
0421 -
0422 - 2013
0423 -
042301 - Millie came into the big bedroom and sat on the shower stool along the
042302 - wall and next to the big chair, so we could talk.
042304 -  ..
042305 - She asked about progress setting up the meeting to resume treatment
042306 - requested in her letter this morning, reported on 100719 0522,
042307 - ref SDS E1 036C, and following up her review of the record yesterday
042308 - evening, shown in the picture...
042309 -
042310 -              http://www.welchco.com/pic/buck/100718/100_1318.jpg
042311 -
042312 - ...and which led to her letter this morning, reported on 100719 0522,
042313 - ref SDS E1 036C
042315 -  ..
042316 - Explained Kaiser's response from Doctor Johnson per above, ref SDS 0
042317 - 036C, and advised that this does not advance the ball beyond erroneous
042318 - representations in Kaiser's response on 100708, received on 100710,
042319 - ref SDS D5 X530, and so further delays Millie getting care requested
042320 - in her claim filed on 100527 0217. ref SDS 81 IZ7N
042322 -  ..
042323 - Millie asked to see Kaiser's letter on 100708, and received on 100710,
042324 - reporting her last meeting with Doctor Johnson on 100601.  It is on
042325 - the computer, but Millie wanted to see actual document, so went into
042326 - the computer room and brought the original, and helped Millie find
042327 - para 8, saying...
042328 -
042329 -            Doctor Johnson stated that, at this point in time, [...
042330 -            patient...] is exhibiting resistance to all forms of
042331 -            chemotherapy, targeted therapy, and hormonal therapy.  It
042332 -            was for this reason that she decided not to pursue further
042333 -            treatment, and enrolled in hospice.  There are no further
042334 -            beneficial treatments available at this time.  He also
042335 -            stated that if [...patient...] would like to discuss this
042336 -            with him in person, she is certainly welcome to do so, as
042337 -            he remains her attending physician.  In fact, an
042338 -            appointment for [... patient...] to discuss her care with
042339 -            Doctor Johnson was arranged for July 1, 2010, but
042340 -            [...patient...] declined, citing that she wanted to receive
042341 -            a written response to her concerns before attending such an
042342 -            appointment.  If I can be of any assistance in scheduling
042343 -            such an appointment, please contact me at... 925 924 6859.
042344 -            ref SDS D5 X530
042346 -  ..
042347 - Millie was leaning forward with her elbows on her knees and holding
042348 - Kaiser's letter dated 100708. ref SDS 0 RM6M  She opened her hands and
042349 - let the letter fall to the floor, and then looked up and said...
042350 - "Looks like the doctor didn't like the wine we gave to celebrate his
042351 - new house."
042353 -  ..
042354 - After a moment, Millie burst into tears, saying this just breaks her
042355 - heart, because she loved Doctor Johnson like a son, and she does not
042356 - remember the doctor saying anything like what is reported by Kaiser's
042357 - claims department in the letter on 100708, per above. ref SDS 0 RM6M
042358 - She recalled the doctor was distraught during the meeting at Kaiser on
042359 - 100601, and went into great detail explaining email and telephone
042360 - problems he had with Doctor Rugo that delayed arranging for her
042361 - treatment at UCSF with PARP to recover. ref SDS 85 4F6I  A week later
042362 - on 100606, he wrote a letter saying he still had not heard from UCSF.
042363 - ref SDS 92 036C
042365 -  ..
042366 - Millie feels Doctor Johnson's letter today is a "death sentence,"
042367 - because delay for more paperwork will deny treatment in time to be
042368 - effective preventing cancer from cascading out of control.
042370 -  ..
042371 - Explained appeal already filed with Medicare on 100713. ref SDS D6
042372 - J74S  Additionally, Paula at Kaiser's Case Resolution Department
042373 - called and advised that she, on her own, filed a 2nd claim today, to
042374 - expedite getting Millie treatment, reported in the record of Paula's
042375 - call earlier this afternoon. ref SDS E2 4G4L
042377 -  ..
042378 - Millie is sobbing.  She's grateful for Medicare and Paula at Kaiser,
042379 - but feels she is now a lost cause, because all this paperwork takes
042380 - time.  Kaiser already delayed things 2 months on the 1st claim.  By
042381 - the time people read, call, meet, collaborate and do whatever they do
042382 - to get treatment delivered, she will be dead, or cancer will have
042383 - gotten so bad that nothing can stop it.
042385 -  ..
042386 - Millie went downstairs and got the blue Hospice folder.  She opened
042387 - the folder to the funeral page, and asked if the Atta Vista morturary
042388 - has been contacted?  Advised this was done when she asked a few days
042389 - ago on 100715 0935. ref SDS D8 XS5H
042391 -  ..
042392 - Mil feels the only way what happened to her can help others is to file
042393 - a claim for money damages.  If Kaiser has to write a check, then
042394 - someone will ask why, and what account should be charged?  If there is
042395 - no budget, people will ask what went wrong that needs to be fixed?
042397 -  ..
042398 - She recalled reading yesterday the big issues her case presents, as
042399 - set out in her response to Kaiser dated 100713. ref SDS D6 J66X  The
042400 - picture of Millie going through her claim documents...
042401 -
042402 -              http://www.welchco.com/pic/buck/100718/100_1318.jpg
042404 -  ..
042405 - Millie said that all she wanted was treatment, a few pills to get
042406 - better; she never cared about the money, but now it seems that money
042407 - is the only thing Kaiser cares about, so that's what needs to be done.
042409 -  ..
042410 - Mentioned the conference call with Kaiser and Medicare on 100609, when
042411 - Irene said that Kaiser delayed processing Millie's first claim filed
042412 - on 100527, because Millie only requested medical services to recover
042413 - from medical mistakes, and did not request money. ref SDS 99 6G82
042415 -  ..
042416 - Millie feels this can be fixed by filing another claim for money.
042417 -
042418 -            [On 100727 0811 Millie decides to file claim for wrongful
042419 -            death, ref SDS E3 036C, and submits letter requesting
042420 -            advice on damages. ref SDS E3 X14V
042421 -
042422 -            [On 100730 0928 Millie died suddenly on 100729; Paula
042423 -            called the next day and seemed to indicate a claim by the
042424 -            family for wrongful death might be appropriate for good
042425 -            faith review of Millie's care that would yield improvements
042426 -            for other patients. ref SDS E4 N550
042428 -             ..
042429 -            [On 100730 1938 Chris, Millie's friend and former co-worker
042430 -            still at N&P, asks if a wrongful death claim will be filed
042431 -            in Millie's case. ref SDS E5 DC6F
042433 -             ..
042434 -            [On 100731 0021 submitted letter to Tina about verifying
042435 -            Paula's evident concern for Millie's case, and facilitating
042436 -            communication on Mil's family filing a claim. ref SDS E6
042437 -            ME4R
042439 -             ..
042440 -            [On 100817 1715 Arlette called with appreciation from
042441 -            Kaiser Oncology Department for flowers commemorating
042442 -            Millie's care the past 10 years. ref SDS E0 QS5H
042451 -             ..
042452 -            [On 100804 1717 Pam and Ron Junior report their mom never
042453 -            told them that she suffered injuries from UCSF medical
042454 -            mistakes, and filed a claim to recover. ref SDS E8 7W8O
042456 -             ..
042457 -            [On 100804 1717 Pam and Ron meeting and discuss Millie's
042458 -            wishes for good faith review of grounds for withholding
042459 -            care to recover from medical mistakes. ref SDS E8 0Q9J
042461 -             ..
042462 -            [On 100810 1457 Paula advises the Millie's children
042463 -            notified Kaiser that the family would not implement
042464 -            Millie's wishes to file a claim to improve health care.
042465 -            ref SDS E9 RR33
042467 -             ..
042468 -            [On 100909 0905 letter to Diane, Catherine, Tara, Doctor
042469 -            Rugo, Doctor Johnson, with thanks for condolences on
042470 -            Millie's memoriam, and noting the team made progress
042471 -            treating cancer as a chronic disease, and now there is time
042472 -            to assess how what was done well can help others, and what
042473 -            could have been done better for a better outcome.
042474 -            ref SDS F1 TY7W
042475 -
042476 -
042477 -
042478 -
042479 -
0425 -