podesta-emails
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-----Original Message-----
From: Nancybk <[email protected]>
To: anna.gorman <[email protected]>
Sent: Wed, Aug 29, 2012 3:15 pm
Subject: PART 2 background For Your Eyes Only; due process is harder to
ex...
Dear Ms gorman, I forgot to put my phone number in the last e-mail. my
phone number is 323-221-2757. Thanks for your wonderful work -- Nancy
Becker
Kennedy http://californiawatch.org/dailyreport/patients-suffer-state-over
hauls-medi-cal-advocates-say-15231http://www.latimes.com/news/local/la-me
-managedcare-disabled-20120702,0,7549313.storyJuly 13, 2012 Thank you
for Ms. Gorman’s very accurate and important article on the travesty
that is happening in our community by subjecting Seniors and People
with Disabilities to life-threatening delays in their medical treatment
and separating them from the specialists who have been treating their
complex medical conditions, sometimes for decades. I am not totally
against managed-care. It could have some advantages if administered by
people of goodwill. But the heartless denial of necessary exemptions
is giving a black eye to the program that Governor Brown is responsible
for putting forth. The Medi-Cal managed-care program, as it has been
implemented by the California Department of Healthcare Services has
been anything but coordinated care. It is instead something I have
likened to a "dirty bomb" on what was certainly more coordinated care
before last year. This misuse of the "exemption" process is keeping
people from receiving the most basic medical care. There's a simple
solution to this problem. Grant two automatic exemptions to members of
this very sick population so that they continue with the specialists
they have seen for many years and continue their ongoing approved
medical treatments. For example, in my case, I have had two bouts of
breast cancer over 18 years and I am quadriplegic. All I would need
would be an exemption to see my oncologist, who I have had for 18
years, or my physiatrist who I have seen for 40 years, when I have
issues that relate to cancer or quadriplegia. For the lion's share of
my problems throughout the year, the colds the flu's the bladder
infections, I could see a regular primary care physician. But I must
see my specialists when there are problems related to my chronic
conditions. That way, not only do we then reap the benefits of a
coordinated care system, we don't have to waste taxpayer money on a
personnel intensive process to eliminate care to tens of thousands of
people who need it. One has to wonder why no such systemic solution
was implemented by Toby Douglas, the Director of the Department Of
Health Care Services. He listened to legislative testimony from
advocates, doctors, legal aid lawyers and the people themselves who are
being denied their previously approved treatments for weeks and losing
opportunities for cures. In testimony, he heard that cases like these
are coming into legal aid offices at the rate of dozens a week -- and
these are the people resourceful enough to make their way to legal aid.
A good administrator would've jumped in and come up with a solution.
I've seen the directors of other departments do just that. Yet Mr.
Douglas appears unmoved. Why the Director of Health Care Services did
not come up with this kind of systemic solution himself, calls into
question whether he is incompetent or following instructions from the
Governor to deny life preserving care to people in order to save money.
Nothing should be permitted to interrupt the approved treatments for
Seniors and People with Disabilities. To get someone their chemotherapy
late is to potentially kill them. Unless this is the intent of the
California Department of Health Care Services, a systemic solution to
this discontinuity of care must be put in place to stop
this cold-blooded separation of people with complex conditions from
their chronic disease specialists. Coordinated care could work, IF
people of good will put it in motion. If profit or eugenics enters
into, it we must ask ourselves what we have become. Nancy Becker
KennedyFounding, Current Member and Former Vice Chair of Los Angeles
County Personal Assistance Services Council that oversees the In Home
Supportive Services program for 180,000 Seniors and People with
Disabilities
From a legal aid lawyer: "I have had an extremely stressful day and
some quite unbelievable things are being done by the DHCS. It is so way
over the top. I will have to listen to your message again about two
exemptions. Regarding cancer people are routinely denied even if they
are stage four. It seems that other legal aids are not even going to
hearing but are trying to ... Sacto to get them disenrolled.
The cancer people are most at risk because they have an automatic
exemption but still they are denied."
-----Original Message-----
From: Elena Ackel <[email protected]>
To: Nancybk <[email protected]>
Sent: Thu, Aug 23, 2012 5:42 pm
Subject: You can have them call me. the due process is harder to
explain but applying the wrong standard is easy to explain
I am happy to talk to them. I can talk to them any time. better to call
late in the day. There are two lawsuits and I want to do both in one
law suit. I have to convince others that this is the right thing to do
because it was so much more work. The due process claims are
aggregious but they have already screwed all the recipients. If there
are 100 horses in the barn, 98 or 99 are out of the barn and they have
been shot in the meadow. For the second and most important law suit
there is a smoking gun. I want to do both of together. But it is
killing me. The state is intentionally using the wrong standard in
screening the exemption cases. They state is using a standard that is
stringent and which has not been in effect since 2000. Unfortunately
they have special judges hearing these cases and DHCS ha convinced
them to review these cases with the wrong standard. This is not
incompetence but a purposeful and illegal plan that has hurt a lot of
people but the second lawsuit will put them all back on fee for service
Medi-cal just as the court did in Lopez v. Heckler in the early 1980’s.
Javier Portela, courtney Nakayama and Jane Ogle know what they are
doing is wrong and they did not care. Jane Ogle like Javier claim they
do not have to obey the new law regarding aid paid pending. This is
intentional wrongdoing. You asked me what you could do to protect
yourself. One is to get the provision repealed that DHCS can make
changes without going through the regulatory process. It says they just
have to go to the legislative budget committees and the stakeholders
but this is not enough protection. Of course they have not done that
her because everyone just wrote letters and did nothing. That time is
over. These people all have to be fired because they knew what they
were doing was illegal. They also purposely underfunded the HCO and
ombudsman office and changed their duties to be hatchet men for DHCS
rather than a source of help for the victims Nancy this is totally
wearing me out. But it is the worst thing I have seen in my 40 years as
an attorney. These people in DHCS are very bad people. Something
should have been done on the front end and not leave it to the old
folks like me to clean this up at the back end. Also the DHCS are so
full of themselves and think they are above observing the law and have
tried to crush the clients I have represented. I came late to the
party because we did not start to get people with good facts until
April of this year and that was the total end of things. We have told
them once, twice and three times and their solution is a work group
which is totally ridiculous..
So now that I have figured out the nature of the widespread abuse,
they have screwed all the disabled people seeking exemptions. While I
will talk to the press, this is not a one or two day story. They will
have to read a lot of information to figure out the extent of the
wrongdoing. But it is easy to explain that DHCS has purposely applied a
far more stringent standard than allowed by law or regulations so they
could deny more claims. Also I am too jaded at this point to believe
that than any of their figures or data are valid. I do not know when
the lawsuit will be filed. It will be filed next month. It will be
filed later if the “wrong standard’ issue is added to the suit but I
think this is essential. WE can give you a heads up several days to a
week before we file. I am extremely disappointed in LA care because
they just subcontracted with other plan and are not a public option.
People shoved into these plans have their medicines discontinued
without warning or notice even when all the other alternatives have
been tried. A patient who had 70% of the cancer removed from her brain
had her pain medications denied without no notice. The cancer patients
and those that have been disabled since children are having the hardest
time. Also the folks cannot get timely appoints with the primary
physician even if the enrollment has disrupted one’s cancer therapy.
Another stage 4 cancer patient was defaulted into a plan without any
written notice her exemption was denied right before she was scheduled
to have her breast removed. So we are not talking about moral people. I
am for capital punishment or at least putting people in stocks for
transgressions like this. Carol Liu, Holly Mitchell and Rod Wright are
interested. Carol Liu is the most interested. Her chief of staff in
sacto is very good and the director of the local office is very
emphathetic. Elena Ackel5228 Whittier BlvdLos Angeles, Ca.
90022213-640-3927213-640-3911 fax
http://www.nsclc.org/wp-content/uploads/2012/05/Plan-Ratings-Report-May-2012.pdf
Nancy Becker Kennedy
Join the IHSS Consumers Union on Facebook at
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“Never doubt that a small group of committed people can change the
world. Indeed, it is the only thing that ever has.” -Margaret Mead
ℹ️ Document Details
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