In regards to the July 26, 2007 LA Times article"State Fines Kaiser
Again," I was made aware of this non routine investigation in July 2006
during my meeting with DMHC's Chief deputy Director Lew Chartrand and Business
Transportation and Housing's Deputy Secretary Ed Hedig. They assured me
the issues I presented, pertaining to my daughter, Robyn Libitsky's care which
were, 1) Hospital Ombudsman unable to differentiate legitimate and false legal
documents, 2) discriminating policies of placing cancer patients at a lower
priority for blood transfusions, 3) requesting organ donation from ineligible
cancer patients, 4) inappropriately promoting Hospice care, would be included in
this investigation.
Although Kaiser was fined, DMHC failed to release information important to
patients, such as which hospitals had serious problems and types of problems
patients encountered. These issues will not go away overnight and patients
need to be informed in order to make smart choices in regards to medical
care.
The DMHC ideas and plans were vague and it is disturbing to learn that
after one year, DMHC will no longer continue oversight of kaiser to ensure
compliance. Since patients will be uninformed of the problems, they will
be unaware if Kaiser remains in compliance.
Kaiser will, as always, utilize DMHC's ideas in an attempt to improve their
overall financial profits.
The article should have read, "Kaiser fined $3 million, patients pay
with their lives."
Hillarie Levy (Robyn Libitsky's mother)
Hillarie may be contacted at:
Hillarie@kaiserpapers.infoLegal Battles
by Sharon Rushford
Legal battles are something you can't fully appreciate
until you experience one first hand. Americans who have never been
through the battle still believe the "system" for the most
part is not broken. They are similar to the beliefs of Kaiser
members whose care has not yet caused them heartache. I can tell you
though, from first hand experience, it is a far cry from the ideals that were
set forth in our constitution.
Today's legal battlefield is nothing more than a game and
the better player will win, especially when the battlefield
is arbitration, which is required with Kaiser Permanente membership. And
who are the best players? Attorneys who represent Kaiser Permanente. They know
how to work the system better than anyone. Most first time victims go into
a dispute with such naivety, they still believe everyone plays the game fairly.
What they don't know is that they are being manipulated by Kaiser's attorneys
from the very start of the game which begins with the victims request for
medical records. This is tactic number one in the game. Don't give the evidence
to your opponent. And who has all the evidence? Kaiser Permanente and their
attorneys. So after many many months or longer when you finally get
your medical records, they are not in any sensible order like the original set,
and are copied so poorly it is impossible to read, and you realize you need a
transcriber to decipher the handwritten parts, you think you have all your
records. Kaiser however seems to fail miserably when it comes to providing the
most incriminating parts of the records. But being the naive person you are you
believe you have everything and it is a true copy of your medical records. By
the time you realize, if you ever do, that there are parts missing, it's usually
too late in the game.
Then the challenging part of the game begins. Its
like the game "What's wrong with this picture". You can stare at the picture for
hours and still not find everything wrong. With arbitration if you fail to find
all the items you will probably lose. Kaiser attorneys are very good at this
game. Since they are the ones who have drawn the picture they know how and where
to divert your attention so you don't notice what you are suppose to
see.
They also have the advantage during the arbitration. The
attorneys are kept very busy with the numerous malpractice cases as are the
retired judges on the list of approved arbitrators. It is no doubt that they
"know" each other. It seems like a "good ole boys club" and you don't belong.
They are the experienced players and you are the novice.
The game is won by the best player. It has nothing to do
with justice. This is our legal system. It is broken like so many other parts of
this country. We need to overhaul America or it will end up in the scrap
heap.
Sharon Rushford
http://www.rushfordfiles.com/pages/1/index.htm
sharon@rushfordfiles.comA Letter To Cassie
Dear
Dr. Frist,
Hi!
I'm Cassie. You don't know me, because I'm in Heaven. I'm one of
the
new
angels trying to get acquainted. Trying to learn the ropes and robes.
When
I died I was just 6 pounds or so - a 35 week old stillborn. But they
let
me animate my soul up here into a 20 year old exterior. So I'm able
to
kind
of learn what my life would have been if ... Anyway, I'm pretty
artistic.
Well,
I understand that you're a doctor and senator. Congratulations!
Your
Mom
must be proud.
And
you have the ear of President Bush on HMOs and stuff like that. His
main health adviser. So it would seem like you're the one I need to reach.
But I'm not allowed to really reach directly, just to inspire someone through
the Net. So I picked that loose cannon - Dr. Chuck Phillips - to
type my letter. Needed someone not so shy with senators and all.
I'm
worried about my Mom. She lost a Kaiser arbitration this week.
Now she got the Big Zero and may even have to pay off Kaiser's high priced
"experts." I guess she should have taken the $100,000 they offered (maybe
really only
$50,000
to her after costs), but she just over valued me and said no. She
had
too many dreams of what I could have become. She trusted that the
arbitration
panel would get it right.
I
don't think she understood from the Kaiser ads that everything is all
speeded
up in that system. And the Kaiser contract doesn't say that either.
It
just says that when you learn what the care really is all about, your
complaint
goes to arbitration.
Actually,
Kaiser is even allowed under "the law" (Earth law) to have secret
conversations
with one of the three arbitration judges. Kaiser admitted it.
Can
you imagine that? Wouldn't that be like me flirting at the pearly
gates?
So,
okay, I'll get to the point. My heart lung machine - the placenta
- was
a
mixture of Mom and Dad surfaces. And it set off, like it does so
often, an
illness
called pre-eclampsia. It's an immune war which makes blood vessels
go
into spasm and can kill either the Mom or the Baby or both.
In
fact, pre-eclampsia accounts for 25% of baby deaths in the US. So
we've got to really watch out for it. Well, I mean those of you still
on Earth.
One
day my Mom got this terrible blinding light in one eye. Couldn't
hardly
see
well enough to dial the Kaiser number. She came to the Kaiser ER
somewhere
- in a kinda fancy city - at explained her problem while looking
all
pregnant with me. In fact, we were both in trouble, but the triage
nurse
only
talked to her. Don't you think that we belonged in OB to be checked?
There
is always an OB doctor in the same hospital.
The
doctor who saw us in the ER ... Well, I can't tell you what he did,
cause
I had my eyes closed and all. In fact, his report had the words
"amended
report" typed twice before the text even started. Now doesn't that
sound like he redid it twice after he later heard I stopped kicking?
He says
no,
but I'm going to check with the Chief up here someday.
Anyway,
I've come to learn that a flashing light can be the spasm of blood
vessels
of this pre-eclampsia illness as it moves into a serious stage. This
should
have been the clue that we were both in trouble. But my Mom was told
it was migraine and sinus infection. I thought ER doctors have to
work
backward
from the most threatening condition.
And
why throw away the urine sample and do no blood tests? What is the
rush? Isn't the Kaiser ER volume kinda predictable? Just need to
staff to do
things
right. Somewhere in the $15 billion, there must be a budget for
staff.
I did hear that the ER doctor just got promoted, so someone is
getting
paid.
Now,
Kaiser would not allow the evidence that their own Clinical Practice
Guideline
(CPC) for care of the mother states that my Mom's blood pressure
alone
should have triggered a mandatory OB referral right then. They said
the
CPC was from a Kaiser division of "the federation" that was different from
my Mom's home city.
I
ask you - How can "Best Evidence" vary in each Kaiser location. I
thought
this
was the best evidence on Earth. And I think were talking about
a
health
chain with similar fries everywhere.
Well,
I got to watch the arbitration process from up here. Fascinating
but
frustrating.
I sure wanted to question Kaiser's OB expert. I would have
asked
- like How much did you get for agreeing that my Mom and I should go
home
without seeing an OB doctor? Would you have sent your pregnant daughter
home with my Mom's symptoms and blood pressure? I think you
would have had your daughter's child delivered while there was still a
chance of surviving this illness.
Anyway,
I'm not asking you to help my Mom directly. I want you to help all
the
other Mom's out there to get the right care in pregnancy so we don't fill
up
in Heaven with stillborns like me. (And help the Grandmas to stay
alive,
too.
And let's catch those men before their lethal heart attacks - TUMS doesn't
help.)
First
of all, I think with your family so connected to managed care, you need
to
go on a new and BIG listening tour. Just visit Kaiser ERs at 10 p.m.
in
any
city and you will get an ear full. I mean talk to the patients -
exit interviews or lobby interviews; try to mix it up. Don't bother with
the notebooks - that's just accreditation prom stuff.
Next,
go through Kaiser's arbitration files with a tour guide who knows what
Hippocrates
had in mind. Then make sure the patterns of medical damage by omission
become very public.
Then,
help stop this pre-agreement to arbitrate when only the health plans
know
what is in store for the patient; get the country back to the
constitution
where juries get to decide things;
Then,
restore patient rights which were taken away in 1973 by the HMO Bill;
oh,
and withdraw your version since it actually weakens California patient
protection;
When
all that is done, come visit my Mom and tell her that you heard from an
angel
and made it all better for the rest of the nation. She'll understand.
And
maybe, just maybe - you'll get to come up here at meet me someday.
I'd
like
that.
Yours truly,
Cassie
[written by Dr. Chuck Phillips
of Fresno, California during a reflective and receptive moment]