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 30, 2010 03:37 PM Wednesday;
Rod Welch
Millie notifies medical team of right to choose life rather than Hospice.
1...Summary/Objective
ACTION ITEMS..................
Click here to comment!
1...I am therefore concerned about Kaiser delaying response to my
CONTACTS
SUBJECTS
Default Null Subject Account for Blank Record
0403 -
0403 - ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS B0 0000. ref SDS A9 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 53
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 53 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 54 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 55 HH4I
040920 - ..
040921 - On 100502 2143 Kaiser confirms that some patients respond well to new
040922 - "targeted" therapies. ref SDS 57 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 57 MZ4N
040926 - ..
040927 - On 100503 1522 Millie notifies medical team that time of the essence
040928 - to get the next treatment going. ref SDS 58 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 59 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 60 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 61 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 62 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 63
040958 - L54I
040960 - ..
040961 - On 100512 0730 Millie received 3rd treatment for 3rd cycle of
040962 - Abraxane. ref SDS 64 KE4K
040964 - ..
040965 - On 100515 1415 Millie departed 2-week trip to Europe. ref SDS 65 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 66 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 67 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 68 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 54 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 55
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 73 036C Advised Diane to
041013 - use Millie's statement of claim submitted to Kaiser on 100527.
041014 - ref SDS 73 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 73 UN4M Requested that Eileen read he claim and then make a
041018 - good faith determiantion. ref SDS 73 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 73 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 74 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 75 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 76 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 77 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 68 PE6P; today, Cherry did not have
041053 - time to return the call. ref SDS 78 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 79 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 79 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 80 036C
041068 - ..
041069 - On 100608 1521 called and talked to Cherry and Beth about expediting
041070 - Millie's claim at Kaiser. ref SDS 81 036C Developed work plan to have
041071 - a conference call with Kaiser tomorrow. ref SDS 81 C354 Submitted
041072 - letter to Kasier and CMS Medicare confirming work plan for tomorrow.
041073 - ref SDS 81 G84Q
041075 - ..
041076 - On 100609 1114 called CMS to expedite conference call on expediting
041077 - Millie's care. ref SDS 82 036C Cherry called and schedule telecon with
041078 - Kaiesr and CMS today 1300. ref SDS 82 8O4H Received letter from Cherry
041079 - at CMS confirming work plan for conference call at 1300. ref SDS 82
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 83 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 84 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 85 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 89 036C
041101 - Jennifer reported she reviewed 6-issues discussed on 100609, and will
041102 - address these issues responding to Millie's claim. ref SDS 89 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 89 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 90 CV4O, and further advising that issues Kaiser will determine
041111 - responding to Millie's claim for recovering from UCSF medical
041112 - mistakes, ref SDS 90 036C, are as set out in the record for telecon on
041113 - 100609. ref SDS 85 XK50 Jennifer will call on 100615, to report
041114 - progress on respnding to Millie's claim. ref SDS 90 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 91 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 92 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 92 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 92 OY4T She plans to call on Friday, 100618,
041130 - to report progress responding to Millie's claim. ref SDS 92 1K5J
041132 - ..
041133 - On 100618 0843 called Jennifer at Memeber Case Resolution Department
041134 - about progress responding to Millie's claim. ref SDS 93 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 94 036C Recommends that delay communicating with medical team
041141 - that has delayed Millie starting treatment in time to be effective,
041142 - ref SDS 94 L59P, can be solved by hiring MD Anderson. ref SDS 94 L59X
041144 - ..
041145 - On 100621 0853 called for Jennifer and left several messages,
041146 - including for her team lead. ref SDS 96 036C Nobody had time today
041147 - for calling back. ref SDS 96 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 98 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 98 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 99 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 99 575U Millie's patient history
041167 - shows the doctor's only issue, ref SDS 99 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 99 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 99 584W Kaiser can
041174 - easily solve the time problem by hiring other people to do the work,
041175 - and charging UCSF. ref SDS 99 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 A0 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 A0 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 A0 EG73
041188 - Jennifer will submit her draft response, and call tomorrow for
041189 - discussing Kaiser's solution. ref SDS A0 H98M
041191 - ..
041192 - On 100625 0852 letter to Kaiser and Medicare claim teams confirming
041193 - Kaiser's request to extend date for responding to Millie's claim
041194 - another few days until Monday in order to get comprehensive solution.
041195 - ref SDS A1 036C
041197 - ..
041198 - On 100626 0917 received letter from Cherry at Medicare, ref SDS A2
041199 - 036C, submitting CMS regulations, that control due date for Kaiser to
041200 - respond to Millie's claim. ref SDS A2 N64I
041202 - ..
041203 - On 100628 0228 letter to claim teams at Medicare and Kaiser asking how
041204 - CMS regulations received on 100625, apply to extend Kaiser's response
041205 - date for expediting Millie's recovery. ref SDS A3 036C
041207 - ..
041208 - On 100628 1033 called CMS Medicare for Beth Simone on regulations for
041209 - Kaiser to respond to Millie's claim.
041211 - ..
041212 - On 100628 2318 submitted record of telecon with CMS, ref SDS A5 036C,
041213 - and that CMS learned today that Kaiser changed Millie's claim to a
041214 - Grievance, and notified CMS that Kaiser intends to delay response
041215 - until 100710, to Millie's claim filed on 100527.
041217 - ..
041218 - On 100629 00003 received letter from Cherry transmitting Grievance
041219 - procedures, cited in the telecon yesterday as a change Kaiser made to
041220 - delay responding until 100710, to Millie's claim filed on 100527.
041221 - ref SDS A6 036C Review of Grievance regulations show Kaiser required
041222 - to make timely response based on patient health. ref SDS A6 PN5S
041224 - ..
041225 - On 100629 0013 letter thanks CMS for submitting regulations on
041226 - Grievance procedures, and notes requirements for Kaiser to respond
041227 - prior to maximum allowed of 30 days, based on patient health.
041228 - ref SDS A7 036C
041230 - ..
041231 - On 100629 1631 called Medicare (CMS) on results of their
041232 - teleconference with Kaiser on expediting response to Millie's claim.
041233 - ref SDS A8 036C
041235 - ..
041236 - On 100630 0027 Millie thanks Doctor Johnson for reporting on 100606,
041237 - that UCSF did not call Kaiser to provide care for Millie to recover
041238 - from UCSF medical mistakes. ref SDS A9 036C; she reports blood counts
041239 - are good, but cancer progressing because treatment was stopped on
041240 - 100601, for pain relief from chemotherapy. ref SDS A9 V83U Kaiser has
041241 - deferred responding to Millie's claim, ref SDS A9 V87S, and needs to
041242 - know how soon her health status requires Kaiser to make a response.
041243 - ref SDS A9 V88T Millie asks about deferring the meeting with Doctor
041244 - Johnson tomorrow, until Kaiser responds to Millie's claim, or, Millie
041245 - would love to meet, if Doctor Johnson has communicated with Doctor
041246 - Rugo on a work plan for Millie to recover from UCSF medical mistakes.
041247 - ref SDS A9 V89X
041249 - ..
041250 - On 100630 1148 Doctor Johnson notfies Millie, and the Kaiser claim
041251 - team that he is confused about Millie's case, because Kaiser has
041252 - deferred determination on urgent requirement for care. ref SDS B0 036C
041253 - Doctor Johnson notes Millie is in Hospice and states that Millie's
041254 - disease is resistant to all forms of therapy, and that entering
041255 - Hospice is based on patient desire to forego therapy. ref SDS B0 PY4J
041256 - He asks if Millie wants to dis-enroll from Hospice. ref SDS B0 OY5G
041257 - Doctor Johnson further notes that public domain email conflicts with
041258 - HIPAA regulations. ref SDS B0 0W5U
041260 - ..
041261 - On 100630 1537 Millie notified medical team and claim team, thanking
041262 - Doctor Johnson for his letter commenting on Millie feeling better
041263 - after ending chemotherap. Confirms Doctor Johnson's intent to defer
041264 - meeting scheduled for tomorrow until after Kaiser responds to Millie's
041265 - claim, and further confirms Doctor Johnson has still not communicated
041266 - with Doctor Rugo on UCSF providing care for Millie to recover from
041267 - UCSF medical mistakes. ref SDS 0 M86X Advises that Doctor Johnson's
041268 - assertion that Millie's cancer now resists all forms of therapy
041269 - conflicts with the record; Doctor Johnson advised that finding
041270 - effective treatment requires experimentation; Millie's first treatment
041271 - failed, and had to be switched. ref SDS 0 M87Q When UCSF discovered
041272 - medical mistakes, UCSF failed to provide necessary and reasonable care
041273 - for Millie to recover, and instead prescribed chemotherapy, which was
041274 - not effective and caused unbearable pain and suffering, causing Millie
041275 - to enter Hospice. ref SDS 0 M84P The only evident purpose for
041276 - Millie's death is to avoid accountability from medical mistakes and
041277 - avoid cost of recovery, by making Millie suffer, and making Medicare
041278 - pay, while Millie is actually innocent, and Medicare is innocent.
041279 - ref SDS 0 M84S Millie sent 44 letters to medical team requesting
041280 - targeted treatment to recover from UCSF medical mistakes, and
041281 - reporting pain and suffering from chemotherapy; so, on 100601, Millie
041282 - entered Hospice for pain relief for chemotherapy. ref SDS 0 M84Y
041283 - Millie cannot dis-enroll from Hospice providing pain medication until
041284 - Kaiser provides standard of care to recover from UCSF medical
041285 - mistakes. ref SDS 0 M93V Millie explains benefits to saving lives,
041286 - time, and money using public domain email. ref SDS 0 M94W Millie
041287 - notes Doctor Johnson's report today shows Kaiser has violated Medicare
041288 - regulations by delaying response to her claim longer than justified by
041289 - Millie's health status. ref SDS 0 M96P
041290 -
041291 -
041293 - ..
0413 -
0414 -
0415 - Progress
0416 -
041601 - Doctor Johnson's letter to Millie and Kaiser's claim team says...
041602 -
041603 - 1. Subject: Work Plan Recover UCSF Mistakes - Defer Meeting Jul 1 Pending Claim Response
041604 - Date: Wed, 30 Jun 2010 22:55:40 -0700
041620 - ..
041621 - 2. Thanks very much for timely response to my letter this morning,
041622 - commenting on my improved condition since ending chemotherapy.
041624 - ..
041625 - 3. I asked in my letter about deferring the meeting tomorrow until
041626 - Kaiser responds to my claim filed on 100527, requesting relief
041627 - from UCSF medical mistakes. I assume you agree, though you did
041628 - not say this in your letter. I further assume that you still
041629 - have not heard from UCSF, and thus, UCSF has defaulted on its
041630 - referral obligations to correct medical mistakes.
041632 - ..
041633 - 4. Your report this morning that my cancer is resistant to all
041634 - forms of therapy [...reported on 100630 1148, ref SDS B0
041635 - PY4J...], seems conflicting with the record. You explained on
041636 - 030606, that resistance/response to therapy is a genetic
041637 - variable that can only be determined by experimentation.
041638 - ref SDS 2 RY5J [...shown by Millie's patient history - her
041639 - first treatment regarded as the best cure for cancer was
041640 - resisted, and had to be switched immediately to another
041641 - regimen, reported on 020603 1115. ref SDS 1 WO4O...].
041643 - ..
041644 - 5. On 041130, you explained that Kaiser has a limited number of
041645 - chemotherapy agents for treating my cancer, and you submitted a
041646 - list of 5 or 6 agents scribbled on tissue torn from the
041647 - examination table, saying my care is a simple matter of going
041648 - through the list. ref SDS 4 763L
041650 - ..
041651 - 6. On 070105, you prescribed cetuximab treatment on referral at
041652 - UCSF, which you described as a new kind of [...targeted...]
041653 - care for cancer that improves chemotherapy for survival and
041654 - quality of life, thus expanding the list you provided on
041655 - 041130. ref SDS 6 JE7N
041657 - ..
041658 - 7. You were correct. Cetuximab therapy "targeted" to cancer
041659 - lasted nearly 2 years, about 10 times longer than chemotherapy
041660 - treatments I have had. Not only was survival increased by
041661 - orders of magnitude, quality of life was 1000 times better than
041662 - with chemotherapy. Rather than being a zombie in constant
041663 - pain, I lived a vigorous, normal life-style without a hint of
041664 - pain and suffering.
041666 - ..
041667 - 8. On 080829, you asked me to get a list of targeted treatments
041668 - from Doctor Rugo for extending my care at UCSF, because Kaiser
041669 - didn't have anything but 2 chemotherapy agents, and you advised
041670 - that my cancer has mutated to resist chemotherapy. Doctor Rugo
041671 - said UCSF had new "targeted" treatments lined up for after
041672 - cetuximab. You prudently kept asking for the list, just as I
041673 - asked you for a list on 041130. On 090121, Doctor Rugo's
041674 - assistant Glenna called and said UCSF lost their list, and
041675 - asked me (Rod) to cull the record of meetings the past few
041676 - years and submit a list of treatments discussed during
041677 - examinations. This was done. The team has a list. I asked
041678 - you to collaborate with Doctor Rugo on figuring out which of
041679 - many treatments would be tried next, and then after that, just
041680 - as you explained on 041130. Your letter on 090326. said that
041681 - you would do this, all as shown in case study on 090213.
041682 - ref SDS 10 PT3N
041684 - ..
041685 - 9. On 090401, I requested treatment. Doctor Rugo sent a letter to
041686 - the team saying treatment for cancer had to be delayed until
041687 - the wound in my chest healed, which was diagnosed as reaction
041688 - to radiation. ref SDS 14 4J4F On 090609, Doctor Hsu discovered
041689 - this was a mistake, because the wound in my chest is cancer
041690 - that UCSF failed to treat providing radiation services on
041691 - referral from Kaiser (you), and so cancer untreated for 6
041692 - months had spread everywhere, but mostly to my right side.
041693 - ref SDS 21 W65W
041695 - ..
041696 - 10. On 090616, Doctor Rugo said "everybody is on board" at Kaiser
041697 - and UCSF for me to recover from medical mistakes, ref SDS 23
041698 - D647, with therapy targeted to cancer, starting with MPA and
041699 - then PARP, going down the list provided to the team at your
041700 - request and requested by Doctor Rugo, for experimenting to find
041701 - a treatment that works for me. ref SDS 23 KD6L
041703 - ..
041704 - 11. The problem has been that UCSF defaulted on referral
041705 - obligations to provide necessary and reasonable care for me to
041706 - recover from medical mistakes. Instead of experimenting with
041707 - "targeted" treatments on the list, UCSF prescribed chemotherapy
041708 - ...[reported on 090716 2106. ref SDS 25 EE5W...], which you
041709 - determined on 080829, is resisted by my cancer, and conflicts
041710 - with my patient profile exposing me to fatal infection, and
041711 - unbearable pain and suffering. Treatment ineffective against
041712 - cancer, and which makes life unbearable forces patients to
041713 - enter Hospice and die.
041715 - ..
041716 - 12. The only evident benefit of forcing this end game is to avoid
041717 - accountability for medical mistakes, including cost of care by
041718 - charging Medicare instead of UCSF. I have notified the claim
041719 - team that Kaiser can certainly hold UCSF harmless from medical
041720 - mistakes, if it wishes, but I should not suffer.
041722 - ..
041723 - 13. I am innocent. So is Medicare. UCSF made the mistakes.
041725 - ..
041726 - 14. Case study on 100622, shows I asked the medical team
041727 - consistently (44 times) in writing to provide standard of care
041728 - for the work plan UCSF presented on 090616, using some 20
041729 - treatments targeted to my cancer [...and which do not cause
041730 - unbearable pain and suffering...] for recovering from UCSF
041731 - medical mistakes. ref SDS 99 LQ7G
041733 - ..
041734 - 15. My letter to you on 100601, submitting an agenda for our
041735 - meeting later that day at Kaiser requests treatment targeted to
041736 - my cancer, and says I cannot tolerate more chemotherapy.
041737 - ref SDS 69 1P6U
041739 - ..
041740 - 16. During the meeting later that day on 100601, you reported
041741 - communication with UCSF failed using email and the telephone
041742 - for a month, ref SDS 70 4F6I, and as a result, you could not
041743 - implement UCSF's work plan for my next treatment with PARP, nor
041744 - with any of the other 20 or so treatments submitted at your
041745 - request to the medical team. ref SDS 70 4G6G
041747 - ..
041748 - 17. This record provides clarification requested in your letter
041749 - today saying in part...
041751 - ..
041752 - "Enrollment in Hospice is based on a patient's desire to forego
041753 - any additional aggressive therapies." [...reported on 100630
041754 - 1148, ref SDS B0 PY4J...]
041756 - ..
041757 - 18. This construction confuses "therapy" with "chemotherapy."
041759 - ..
041760 - 19. My desire is to forgo "chemotherapy," as stated in 44 letters
041761 - to Kaiser for an entire year. If there is a "targeted" therapy
041762 - that works like cetuximab, my desire is to have quality of life
041763 - for 2 years, then experiment further to find another solution,
041764 - implementing your prescription to treat my cancer as a chronic
041765 - disease. [...discussed with Doctor Johnson at Kaiser on 090213
041766 - 1140, ref SDS 10 863H and also in the same meeting. ref SDS 10
041767 - GC6N
041769 - ..
041770 - 20. Your review of PARP on 100112, sounds promising, ref SDS 45
041771 - 1D4G, but like AC [...Millie's first cancer tratment failed in
041772 - 2002, discussed in the record analyzing Doctor Johnson's letter
041773 - received earlier today on 100630 1148. ref SDS B0 K57M...], I
041774 - am aware we have to experiment further to find effective care,
041775 - and that the journey may fail, i.e., nothing may work, as
041776 - stated in your letter today. I am asking in my claim for the
041777 - right to choose life, equal to the right for a woman to choose
041778 - for her unborn child.
041780 - ..
041781 - 21. On 100601, I was not given a choice of targeted treatment
041782 - without pain and suffering necessary and reasonable to recover
041783 - from UCSF medical mistakes. My only choice was Hospice or more
041784 - pain and suffering. ref SDS 70 4H4J
041786 - ..
041787 - 22. Accordingly, I want to dis-enroll from Hospice [...responding
041788 - to Doctor Johnson's letter on 100630 1148. ref SDS B0 OY5G...],
041789 - based on Kaiser providing standard of care for me to recover
041790 - from medical mistakes, as set out in my claim filed on 100527,
041791 - a copy was sent to you. ref SDS 66 IZ7N
041793 - ..
041794 - 23. Clearly, I cannot possibly give up pain medication in Hospice
041795 - until there is a viable written work plan showing the medical
041796 - team is ready, willing, and able to provide standard of care
041797 - for the list of treatments in my claim [...reported on 100527
041798 - 0217. ref SDS 66 X77U...], and presented at your request to you
041799 - and UCSF on 090326. ref SDS 12 DW5S
041800 -
041801 - [On 100701 0915 received call from Carol saying she is
041802 - Chief of Hospice, and that she was told Millie wants to
041803 - dis-enroll from Hospice, ref SDS B1 Q85S, which conflicts
041804 - with the record of notice to Kaisre in this letter today,
041805 - on 100630 1537. ref SDS 0 M93Y
041807 - ..
041808 - 24. Your request to use secure email conflicts with the record in
041809 - this case [...reported on 100630 1148, ref SDS B0 0W5U...].
041810 - You reported on 100601, that Doctor Rugo sent you a secure
041811 - email. You couldn't open it. You sent her a secure email
041812 - which she could not open, so she sent you a public domain email
041813 - asking you to call her. ref SDS 70 OK91 You called and she
041814 - never called back. This scenario has been repeated several
041815 - times over the past 5 years, where you have sent me secure
041816 - email, which I couldn't open. One time I had to get in the
041817 - truck and drive to your office just to get a once sentence
041818 - letter. Moreover, secure-email eviscerates productivity
041819 - communicating across organizational boundaries, and has
041820 - constant breakdowns that require technicians to restore
041821 - service. My care cannot withstand these limitations.
041823 - ..
041824 - 25. Public domain email fully complies with HIPAA which vests
041825 - patients with a right of confidential medical records, as set
041826 - out in my letter to the medical team on 100502. ref SDS 56 CO3W
041828 - ..
041829 - 26. Note that Doctor Rugo's practice manager, Sarah, called and
041830 - inquired about my right to give up some measure of
041831 - confidentiality to benefit from increased efficiency and
041832 - accuracy communicating with public domain email. Sarah planned
041833 - to check with UCSF legal department, and notify the team of any
041834 - grounds that prevent communicating quickly and accurately with
041835 - the medical team using public domain email [...reported on
041836 - 100504 1609. ref SDS 61 ZV6M She hasn't called.
041838 - ..
041839 - 27. My letter this morning asks your opinion on how soon Kaiser
041840 - must respond giving you authority to provide standard of care
041841 - for necessary and reasonable treatment to recover from UCSF
041842 - medical mistakes, in order for treatment to be effective.
041843 - 100630 0027, ref SDS A9 V87Y Your letter today, could be
041844 - interpreted to mean that Kaiser has already delayed response
041845 - too long for me to have a chance to recover, ref SDS B0 PY4J,
041846 - and so every day of additional delay makes failure a
041847 - self-fulling prophecy.
041848 -
041849 - [On 100702 1424 Millie received a letter in the mail dated
041850 - 100624, from Doctor Johnson transmitting Kaiser's lab
041851 - report for Millie's blood test on 100622. The doctor
041852 - provides no analysis, nor comment of any kind except "CA
041853 - 15-3 1116" is circled in ink. ref SDS B2 NC3F
041855 - ..
041856 - 28. I am therefore concerned about Kaiser delaying response to my
041857 - claim beyond the agreed date of 100624 (see Jennifer's letter
041858 - on 100611. ref SDS 90 6P53
041860 - ..
041861 - 29. By copy I am asking the Kaiser claim team to present evidence
041862 - showing how further delay enhances my prospects for recovery,
041863 - since patient health is the only criteria in the regulations
041864 - for delaying response to a claim for medical care beyond the
041865 - time that reduces the chance for effective care.
041867 - ..
041868 - 30. Based on this record, we can defer the meeting scheduled for
041869 - tomorrow, until delays with the claim team are resolved. I am
041870 - disappointed because Arlette called and we planned to say hello
041871 - tomorrow. Hope we can do this soon.
041872 -
041879 -
041880 -
041881 -
041882 -
041883 -
041884 -
041885 -
041886 -
0419 -