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Sanction Documents Below

Kaiser Sanction by The Department of Health and Human Services - 

April 25, 2001 

The following is first a letter from Dr. Charles Phillips in regards to the little power government agencies actually have in protecting the public.  The second is my personal denouncement of the inspection and the last is six pages of documents from the Los Angeles County Department of Health.

The Department of Health Services in California has contracts with Kaiser allowing the former to save money.  Thus DHS cannot really be tough on Kaiser.  The DHS investigations are paper trail canoe trips.  In this case they found some missing papers and gave a tiny warning.

You may pass my comment along to Augusta R. Bohannon, RN - District Administrator - that she missed a great opportunity to discover a potassium overdose and sloppy technique inducing lethal infection.Not discussing the missing potassium blood test showed how shallow this paper chase was.

Nothing has changed in  the 25 years since I was asked to be a trauma center inspector.  The State of California cannot get past notebook inspections.

The only sanctions are to create bigger notebooks.

                                                  Charles Phillips, MD

PS - Don't be discouraged. When this case is finally solved, the public agencies that could have intervened and did not will be inspected themselves.
I think that they should all start looking for real jobs in the private sector, their public careers gone.

The following is a report from the Los Angeles County Department of Health and Human Services.  This Department refers to the following action against Kaiser as a Sanction.  A good portion of the information in this report has been fabricated by Kaiser Permanente/Sunset Staff.  For example, my father never made it to age 71.  The dates of admission to hospice and the upgrade of health are completely false and off by months. 

As the primary caregiver I say that I never told anyone that the conservator was objecting for any reason.  Actually he wanted the transfer as much as everyone else in the family.  The original diagnosis to railroad my father into hospice was completely false. In fact I had been informed by the conservator prior to July 2000  that the hospice was intended to provide much needed medical services to my father as the family finances were tied upand his medicare home health benefits had been used up for the year. When I objected I was also informed that once the regular home health benefits kicked in again his health would be upgraded and he would be reinstated into regular home health. My father was never seen by a Kaiser doctor during this period. 

However, the Department of Health Services has to follow rules.  Kaiser presented to this department pristine medical records and newly created interviews allegedly with me that never happened. In fact it was conveyed to me that these medical records show his health to be so fine that he should never have died.  Though the inspector stated that it was obvious of the falsification by Kaiser staff they did have to follow the rules and use the official medical records. 

Furthermore there was a three week period rather than eight days where no medical care whatsoever was provided for my father.  Furthermore it also was not noted that from July 2000 until his death on September 11, 2000, again contrary to Kaiser official records of September 12, 2000 he was listed as deceased in the Kaiser computer system.  So much for truth in official medical records. 

We have since obtained the actual medical records which tell a very different story than what DHS was allowed to see.

Shortly after having received these documents the director who oversaw the investigation had to take a sudden retirement.  Several DHS employees stressed the importance of having someone investigate the entire process as Kaiser routinely interferes.  DHS staff told me that they fear Kaiser retaliation and was consistently vocal in explaning this problem to me. 

Supervisor Michael Antonovich's office was informed of this matter by myself repeatedly, both verbally and in writing.  I was told several times that his health person would be getting back to me regarding this matter.  It has been 4 years and I am still waiting to hear from her. 

This Sanction was supposed to be received by CMS for documentation purposes.  It never made it to CMS.  The Director of the West Coast Division of CMS explained to me that he was powerless to do anything about this.  I sent them a copy of this Sanction and they cannot accept it.  They must receive it from DHS and apparently that is never going to happen. Several other Sanctions that I personally have become aware of also have never been received by CMS.  This Sanction along with many others is on file at the Southern California DHS so anyone can go and look it up.

The official documents are below.  The documents and letters do enlarge for greater clarification:

Letter from DHS regarding 2001 Sanction against Kaiser
Page 2 of letter from DHS regarding sanction against Kaiser Permanente
Page 1 of Federal Sanction against Kaiser Permanente
Page 2 of Federal Sanction Against Kaiser Permanente
Page 3 of Federal Sanction Against Kaiser Permanente
Page 4 of Federal Sanction against Kaiser Permanente
letter from DHS page 1 where they are trying to protect themselves by denying information that they have in their possession.
letter from DHS page 1 where they are trying to protect themselves by denying information that they have in their possession

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