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 has failed to perform ECO requirements 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
..............
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CONTACTS
0203 - CMS Region 9 O-00000877 0605
020301 - Ms. Jullin Kwok; Kaiser Contract Manager O-00000877 0605
020303 - Kaiser Medicare Contract O-00000877 0605
SUBJECTS
Default Null Subject Account for Blank Record
0403 -
0403 - ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 58 0000. ref SDS 57 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 090205 0830 Doctor Hsu examination in UCSF Radiation Oncology
040956 - Department finds Millie's cancer has progressed significantly due to
040957 - delays starting treatment; changes treatment protocol from
040958 - hyperthermia and Doxil to radiation and hyperthermia. ref SDS 16 EY5F
040960 - ..
040961 - On 090213 1140 Doctor Johnson notifies Millie that she has less than 1
040962 - year to live, ref SDS 18 646L, unless she gets effective treatment
040963 - quickly for cancer that has mutated into aggressive disease that will
040964 - cascade out of control. ref SDS 18 ES7I
040966 - ..
040967 - On 090218 1205 Millie notifies Doctor Rugo again that Doctor Johnson
040968 - has authorized UCSF Cancer Center to begin planning Millie's next
040969 - treatment after radiation and hyperthremia, because she has a narrow
040970 - margin for delay getting treatment to survive. ref SDS 19 TH6U
040972 - ..
040973 - On 090219 1315 UCSF begins treatment 4-weeks late on referral from
040974 - Kaiser for Millie to recover from 7th relapse of cancer. ref SDS 20
040975 - E57G
040977 - ..
040978 - On 090310 0351 after 3-weeks treatment with radiation and
040979 - hyperthermia Millie notifies medical team that cancer in the
040980 - breastbone area seems worse. ref SDS 22 O56X
040982 - ..
040983 - On 090331 2947 Millie notified medical team of possible IBC
040984 - progression on lower left arm, and asked about starting treatment to
040985 - recover from 8th relapse of cancer. ref SDS 26 Q64R
040987 - ..
040988 - On 090401 0032 Doctor Hsu diagnosed new rash on Millie's lower left
040989 - arm as progression of IBC. ref SDS 27 R24X
040991 - ..
040992 - On 090401 0046 Millie asks about getting treatment of IBC spreading to
040993 - lower left arm, which establishes the 8th relapse of cancer diagnosed
040994 - by Doctor Hsu. ref SDS 28 RE8P
040996 - ..
040997 - On 090401 0121 Doctor Rugo reports Millie's wound in breastbone area
040998 - diagnosed as reaction to 4-weeks of radiation that ended on 090317
040999 - must heal before starting treatment for IBC relapse, and so defers the
041000 - meeting scheduled on 090402 0800; Doctor Rugo expects full recovery
041001 - from IBC in areas treated with radiation and hyperthermia because this
041002 - regimen to be very effective. ref SDS 29 K56O
041004 - ..
041005 - On 090412 2241 Millie reports again to the medical team that IBC on
041006 - lower left arm is getting worse, and requests immediate treatment in
041007 - order to prevent problems cited by Doctor Johnson that delay risks
041008 - losing control and death. ref SDS 30 9S8Y
041010 - ..
041011 - On 090510 1220 Millie reports wound in the breastbone diagnosed as
041012 - reaction to radiation looks worse; asks if this might be IBC because
041013 - of a mistake in performing radiation treatments? Millie further
041014 - asked about doing a biopsy to test for cancer, so that treatment can
041015 - begin immediately under Doctor Johnson's warning that immediate
041016 - treatment is essential for recovery. ref SDS 32 LJ5T
041018 - ..
041019 - On 090514 0830 Doctor Rugo prescribes treatment with MPA, ref SDS 33
041020 - D647, and submits a letter to Kaiser submitting the protocol,
041021 - ref SDS 33 DI63, as previously requested by Doctor Johnson on 081219
041022 - 1140. ref SDS 5 V93O
041024 - ..
041025 - On 090515 0800 Doctor Rugo notifies medical team that Kaiser failed to
041026 - perform requirements for referral to pay for Millie's treatment
041027 - recommended by UCSF Cancer Center as the best evidence of care that
041028 - has the best chance for Millie to recover, which Kaiser is required to
041029 - provide under section 2 of EOC. ref SDS 34 WP6S
041031 - ..
041032 - On 090515 1017 Millie notified medical team that Doctor Rugo's letter
041033 - was received; that Kaiser is responsible for Millie's care, and Millie
041034 - will meet with the primary care doctor at Kaiser on 090515 1140 and
041035 - request that Kaiser prescribe care for Millie's 8th relapse of cancer
041036 - based on the best evidence, ref SDS 35 6Q8W, as shown in Doctor Rugo's
041037 - letter to Kaiser on 090514 0830. ref SDS 33 DI63
041039 - ..
041040 - On 090515 1518 Doctor Rugo responds wishing Millie "good luck."
041041 - ref SDS 37 PW7H
041043 - ..
041044 - On 090515 1140 Millie met with Doctor Johnson at Kaiser and the doctor
041045 - said that he was told by Doctor Mason that the primary care physician,
041046 - Doctor Johnson, cannot prescribe standard of care treatment for Millie
041047 - in a clinical trial, despite patient history having prescribed prior
041048 - clinical trials 4 times previously for standard of care in oncology,
041049 - and as a result, Doctor Johnson requested a draft to assist him
041050 - preparing an appeal to file with Member Services so that Kaiser can
041051 - expedite Millie's recovery from the 8th relapse of cancer. ref SDS 36
041052 - 655R
041054 - ..
041055 - On 090516 0858 Millie notified Doctor Rugo that Doctor Johnson is
041056 - filing an appeal for Kaiser to treat Millie with MPA protocol
041057 - recommended by UCSF to recover from the 8th relapse of cancer.
041058 - ref SDS 38 SY4J
041060 - ..
041061 - On 090518 0017 Millie submits letter to Doctor Johnson with copy to
041062 - Doctor Rugo at UCSF, and transmitting a draft to assist Doctor Johnson
041063 - filing his appeal with Member Services to assisting Kaiser implement
041064 - Doctor Johnson's strategy to treat Millie's cancer as a chronic
041065 - disease in time for Millie to recover from the 8th relapse of cancer.
041066 - ref SDS 39 R16I
041068 - ..
041069 - On 090519 1536 Doctor Johnson changed his mind; he sent the draft
041070 - appeal to Doctor Mason, and tells Millie to file an appeal with Member
041071 - Services, which is incorrect since at this time Millie has not been
041072 - denied medical services; and the doctor further says he is suddenly
041073 - relieved of responsibility performed continuously the past 8 years to
041074 - prescribe treatment for Millie to recover from cancer, because
041075 - Kaiser's Outside Referrals Department has a better understanding of
041076 - Medicare. ref SDS 40 5K7H
041078 - ..
041079 - On 090519 1613 Millie responded, ref SDS 41 8V8H, to the Doctor's
041080 - letter earlier yesterday afternoon on 090519 1536, ref SDS 40 5K7H;
041081 - and, Millie asks the doctor to prescribe treatment so she can recover
041082 - from cancer, as done previously in patient history, ref SDS 41 TY3X,
041083 - and further as planned by the doctor during the meeting on 090515
041084 - 1140. ref SDS 36 655R Millie also asked the doctor to call on
041085 - expediting treatment in time to be effective, see again on 090520
041086 - 1613, ref SDS 41 TY4W; and Millie asks Doctor Rugo for a "drop dead"
041087 - date on how soon treatment must start in order to be effective, also,
041088 - reported on 090519 1613. ref SDS 41 TX4W
041090 - ..
041091 - Since Kaiser has delayed ordering treatment, reported on 090520 1710.
041092 - ref SDS 47 ZF4Q, then on 090521 0211 Millie's letter to Doctor Rugo at
041093 - UCSF with copy to Doctor Hsu asks about getting treatment with
041094 - hyperthermia and Doxil, while Kaiser resolves delays ordering MPA
041095 - prescribed by Doctor Rugo for Millie to recover from 8th relapse of
041096 - cancer, which Millie reports is getting worse every day, ref SDS 48
041097 - FM7Q, and since Kaiser has previosuly authorized treatment with
041098 - hyperthermia and Doxil, which Doctor Rugo recommended earlier on
041099 - 090129 for Millie to recover from the 7th relapse. ref SDS 48 6M4F
041101 - ..
041102 - On 090521 2006, Millie received a letter from Doctor Johnson
041103 - responding to Millie's letter to the medical team on 090520 1710, and
041104 - requesting that Kaiser prescribe treatment suitable for Millie's
041105 - patient profile for recovering from 8th relapse of cancer. ref SDS 47
041106 - P65H Doctor Johnson's letter was sent through Kaiser's Knowledge
041107 - Management System and so was not disclosed to the medical team, and it
041108 - did transmit the Doctor Johnson's medical chart for the meeting on
041109 - 090515, ref SDS 36 YT5N, and said that Millie could "choose" any
041110 - treatment she wants, and no treatment is superior for Millie's patient
041111 - profile, 090521 2006, ref SDS 50 9Q9H; the doctor noted Millie's
041112 - cancer is progressing and so she needs to start treatment by the end
041113 - of the week, which was in just 12 hours, which means today,
041114 - ref SDS 50 HC8O, and the doctor told Millie to call Medicare for
041115 - prescribing treatment to recover from the 8th relapse of cancer.
041116 - ref SDS 50 HC93
041118 - ..
041119 - On 090522 0813 Millie responded to Doctor Johnson's letter on 090521
041120 - 2006 and submitted copies to the medical team to maintain
041121 - collaboration that has been effective treating Millie the past 8
041122 - years. Millie also sent a copy to Jullian Kwok to notify Medicare
041123 - that Kaiser is refusing treatment. ref SDS 51 RX6L Millie asked
041124 - Kaiser to prepare a workup and Tumor Board to evaluate Millie's next
041125 - treatment, including trade-offs comparing all of the treatments
041126 - available for Millie. ref SDS 51 7Z5Y Millie reports having called
041127 - Kaiser numerous times to speak with the doctor on prescribing
041128 - treatment. ref SDS 51 7Z9Y Millie notifies medical team she chooses
041129 - hyperthermia and radiation, Doxil, or other agent suitable for
041130 - Millie's patient profile. ref SDS 51 715V
041132 - ..
041133 - On 090522 1247 Millie received a response from Doctor Johnson to
041134 - Millie's letter on 090522 0813. ref SDS 51 RX6L who sent copies to the
041135 - medical team, and saying Kaiser has performed workups, but does not
041136 - submit any works, and says Millie's patient profile is too complex for
041137 - Tumor Board to evaluate best course of treatment, and that Millie's
041138 - patient profile resists single agent treatments like Gemzar and
041139 - Navelbine, and that Millie can choose Hospice instead of treatment
041140 - with drugs which her patient profile now resists. ref SDS 52 XO5O
041142 - ..
041143 - On 090522 1351 Millie responded to Kaiser's letter submitted by Doctor
041144 - Johnson on 090522 1247, ref SDS 52 XO5O, confirming Millie needs
041145 - urgent treatment to start quickly, reported on 090522 1351,
041146 - ref SDS 53 7R7J; Millie asks if treatment with Gemzar, Navelbine, and
041147 - possibly CTP, ref SDS 53 2T9W and ref SDS 53 2T4P, will be weeks of
041148 - agony then progression of cancer that requires another treatment
041149 - "targeted" to treat Millie's patient profile. ref SDS 53 2T4S Millie
041150 - requested advice on treatment with a clinical trial at Kaiser, based
041151 - on patient history, ref SDS 53 2T4V, and further requested trade-offs
041152 - getting more hyperthermia and radiation and Doxil or other appropriate
041153 - agent, including vaccines. ref SDS 53 2T4Y
041154 -
041156 - ..
041157 - Millie Over-treated Cannot Estimate Time to Progression
041158 - May Not Work at All Millie Over-treated Patient Profile Resists Chemo
041159 - Unfortunately Chemotherapy Drugs Proposed by Kaiser May Not Work at All
041160 - Targeted Treatment Essential Millie's Patient Profile to Recover 8th Relapse
041161 -
041162 - Follow up ref SDS 58 NM6J, ref SDS 57 NM6J.
041163 -
041164 - On 090522 1953 Millie received a letter from Doctor Johnson responding
041165 - to Millie's letter to the medical team at Kaiser and UCSF this
041166 - afternoon, reported on 090522 1351. ref SDS 53 7R7J For some reason,
041167 - the doctor he did not submit copies to the medical team, demonstrating
041168 - uneven case management for coordination and collaboration; the doctor
041169 - confirms that treatment with single-agent chemotherapies presented as
041170 - the only choices for care may not work at all for Millie to recover
041171 - from 8th relapse of cancer. ref SDS 54 NV4L
041172 -
041173 -
041175 - ..
041176 - Demand for Treatment Standard of Care Millie's Patient Profile
041177 -
041178 - Follow up ref SDS 58 ON8G.
041179 -
041180 - On 090523 0148 Millie sent a letter to Paula in the Kaiser Claims
041181 - Resolution Department with copy to medical team demanding treatment to
041182 - recover from 8th relapse applying standard of care for Millie's
041183 - patient profile. ref SDS 55 2P6J
041185 - ..
041186 - On 090528 0803 called Paula for progress processing Millie's claim for
041187 - treatment with standard of care for Millie's patient profile.
041188 - ref SDS 57 T04L
041190 - ..
041191 - On 090528 1228 Millie sent a letter to Paula confirming claim
041192 - demanding timely treatment for 8th relapse of cancer. ref SDS 58 UD5H
041193 - and saying that she will get treatment through another provider and
041194 - bill Kaiser, because her doctor at Kaiser says Millie needs immediate
041195 - treatment, and Kaiser has failed to perform. 090528 1228, ref SDS 58
041196 - 4N8X
041197 -
041198 -
041200 - ..
0413 -
0414 -
0415 - Progress
0416 -
041601 - Kaiser Defaults Insurance Contract Millie Orders Work from Others
041602 -
041603 - On 090528 1334 Millie sent a letter to Doctor Rugo and Doctor Hsu at
041604 - UCSF requesting treatment, and sent a copy to notify the medical team
041605 - she has been forced to get treatment from another provider to mitigate
041606 - damages from Kaiser's failure to provide care. ref SDS 0 UD5H
041607 -
041608 - 1. Subject: Treatment Plan 8th Relapse of Cancer Kaiser's Standard of Care
041609 - Date: Thu, 28 May 2009 14:05:05 -0700
041619 - ..
041620 - 2. As you know, I have been discussing with Kaiser prescribing
041621 - treatment for my 8th relapse of cancer [see patient history,
041622 - reported on 090528 1334, ref SDS 0 CI7J]. Kaiser has discussed
041623 - Navelbine, Gemzar, CPT [reported on 090522 1351. ref SDS 53
041624 - 2T4P], hyperthermia with radiation or other modalities,
041625 - including chemotherapy with Doxil, bevacizumab, and with
041626 - clinical trials [see Millie's letter to Paula in Kaiser Member
041627 - Services Claims Resolution reported on 090528 1228. ref SDS 58
041628 - 4N5U]. However, no treatment has been prescribed [see Kaiser's
041629 - letter to Millie failing to prescribe treatment on 090522 1953.
041630 - ref SDS 54 NV4L, and noted in Millie's letter to Paula reported
041631 - on 090523 0148. ref SDS 55 DQ9Q]
041633 - ..
041634 - 3. Communication today with Kaiser indicates performing Kaiser's
041635 - procedures to order care will significantly delay treatment
041636 - [reported on 090528 1228, ref SDS 58 4M6Y and ref SDS 58 4N7U].
041637 - My last systemic treatment was on 090122, ref SDS 7 AT6N, and
041638 - my last treatment with radiation and hyperthermia was on
041639 - 090317. ref SDS 24 9L7K Progression was reported by Tara in
041640 - your office on 090423, ref SDS 31 DW6F, and later by Doctor Hsu
041641 - on the same day. ref SDS 31 UG5L Your examination on 090514
041642 - found that my IBC has progressed further, still mostly on my
041643 - left arm, but beginning in other areas outside those treated
041644 - with radiation and hyperthermia. ref SDS 33 5U4M
041646 - ..
041647 - 4. Right now I am feeling very good. IBC has compounded
041648 - lymphedema on the left arm. Patient history shows if I do not
041649 - get treatment soon, I will decline quickly toward death
041650 - [notified by Doctor Johnson, primary care physician during
041651 - meetings at Kaiser beginning on 080829, shown by case study on
041652 - 090325. ref SDS 25 L15M On 090213, when IBC got very bad and
041653 - the cancer marker soared to the highest level because I was
041654 - without treatment for a month, Doctor Johnson said I had less
041655 - than a year to live, ref SDS 18 9L7N [unless I get timely
041656 - treatment at UCSF of cancer as a chronic disease. ref SDS 18
041657 - WZ6K]. Doctor Hsu then advanced my treatment date, and this
041658 - demonstrated that I can still respond well to treatment, when
041659 - provided in time.
041661 - ..
041662 - 5. Since I have been without treatment now for 2 months, I have
041663 - told Kaiser that in order to allow time for steps Kaiser needs
041664 - to prescribe my treatment, I will personally authorize payment
041665 - for your time to prescribe treatment and submit your bill and
041666 - the prescription to Kaiser. If Kaiser does not prescribe
041667 - treatment, I will authorize UCSF to provide treatment and
041668 - recover costs from Kaiser, as based on best evidence and
041669 - medical necessity [Millie's letter to Paula with Member
041670 - Services Claims Resolution reported on 090528 1228. ref SDS 58
041671 - 4N8X].
041673 - ..
041674 - 6. Can you please let me know what I need to do to start treatment
041675 - as soon as possible, or as you feel is required.
041676 -
041683 -
041684 -
041685 -
041686 -
041687 -
041688 -
041689 -
041690 -
041691 -
041692 -
0417 -