Posts Tagged ‘Patient Advocate’

Medicare ESRD Network Is Still At It – They’re Supposed to Help

Monday, January 13, 2014 | By Scott | No Comments

If you want to get a headache, read through the official
Medicare ESRD Network Organizations Chapter 7 – ESRD Complaints and Grievances
here is a copy.

A couple of highlights are below. You may want to consult a lawyer to guide you through this legalize document with cross references that no normal reader, let alone someone who is distress from poor and sometimes humiliating treatment, can truly understand. Will someone in the ESRD please translate this document so it is useful to anyone seeking help!?

It is the responsibility of the Medicare ESRD Network to assure that an impartial review of grievances by Network staff and the MRB occurs without conflict of interest.

But we’ve seen so many instances where the ESRD is creating documents and forms to protect their interests.

Is this guidance or a roadmap for confusion?

Is this guidance or a roadmap for confusion?

The Network shall assume a proactive role in the prevention, facilitation, and resolution of complaints and grievances, including implementing educational programs that will assist facility staff in handling difficult situations.

Why doesn’t the Medicare ESRD Network implement programs to dismiss dialysis providers who practice unethical procedures?

The Network advises anonymous complainants or grievants that their complaints/grievances will be investigated but the Network will be unable to report back to them without their name and address.

So with the fear of blacklisting or undue retribution, if it is anonymous, how do we know any action has been taken?

170 – Personal Representative
A personal representative is an individual designated by a court of competent jurisdiction or by the beneficiary, as evidenced by a document signed by such beneficiary, to act on his/her behalf. An individual/patient/beneficiary may designate whomever he/she chooses as his/her personal representative by executing a Power of Attorney, a Durable Power of Attorney, or a witnessed, signed, and dated proxy statement. The patient representative may act for the person they represent in any capacity that is authorized. The personal representative can be authorized to conduct a single transaction or to assume ongoing responsibility for an identified purpose such as a financial transaction(s), healthcare decision(s), ….


180 – Conflict of Interest
The Network ensures that a conflict of interest or potential conflict of interest does not exist among members of a complaint/grievance committee, a MRB committee, or a board of directors handling a grievance. Any individual who has direct involvement with the complainant/grievant or the provider under investigation, whether it is a financial, professional or personal relationship, should be excluded from participation in the investigation and resolution of the complaint/grievance.

See Above!

If you really want to see the complete document, download the entire document, good luck.

Medicare ESRD Network Organizations, Chapter 7 –ESRD Complaints and Grievances

Letter: Don’t cut Medicare funds for dialysis – Wausau Daily Herald

Wednesday, October 2, 2013 | By Scott | No Comments

This is and excerpt from a letter written by an assistant facility administrator operated by DaVita in Wausau, WI.

…Medicare plays a central role in the kidney care community, and even more cuts could be devastating. Under the newly proposed rule, Medicare reimbursements would decrease from $246.57 per three- to four-hour dialysis session to only $216 for the same treatment.

A $30 reduction may not seem like much, but these proposed cuts would decrease reimbursements well below the cost of care. Considering that those on dialysis require multiple treatments per week, $30 less per session is a substantial cut that could force facilities to consolidate services, reduce staff, trim operating hours, or in some cases close.

…Medicare’s End Stage Renal Disease program has served as a model for excellent care and we hope readers will contact Sens. Tammy Baldwin and Ron Johnson to ask for their support as well.


DaVita profits were $478,000,000 in 2012, up 17.8% over 2011.

Additionally, DaVita HealthCare has had to fork over more than $350 million over the past year to settle various fraud cases. Nevertheless, CEO Kent Thiry made the top 25 highest-paid list in 2012 with more than $26 million in total compensation.

Our government continues to pay a company who is guilty of fraud with our tax dollars.

Is anyone else out there scratching their heads?

Prayers Were Answered

Tuesday, September 10, 2013 | By Scott | No Comments

Thank you everyone for your prayers and support for Thomas in Nashville, he is now accepted in a Vanderbilt clinic. It appears that they had a change of heart, or was it the threat of involving the ALCU? It was a close call that he didn’t die, but he is not doing well…hopefully this will end this insanity. Someone needs to be held accountable.

Again, thank you for your prayers and Thomas appreciates every one. This young man will be able to live, but what about the patients we know nothing of their discharges and inhumane treatment.

If you or anyone you how is being mistreated, contact Dialysis Advocates.  We protect your privacy and it’s anonymous.  Patients have rights, but you must stand up for them.

On the radio with Dr. Kennedy and Reverend Floyd Harris

Wednesday, July 31, 2013 | By Scott | No Comments

Dialysis Advocates has been featured many times on blogtalkradio with Dr. Kennedy and Reverend Floyd Harris –  Rev. Harris and Dr. Kennedy are human and civil rights activists who cover news and offer viewpoints on issues of concern. 

This program has been an effective outlet for patients to speak out and tell their stories in a safe environment.

With their help, we are letting the public know what is truly going on in these clinics where patients are afraid to complain or speak out in fear of reprisal and dismissal.

Some of our past programs on Real Talk With The 1 Dr’s

This man is blind and poses no threat

Monday, July 29, 2013 | By Scott | No Comments

This is from an e-mail sent on May 07, 2013 – we feel it needs to be reposted on the News page.

It appears that one of our Texas patients is being denied care. His Creatinine is out of limits and are refusing once again to give him dialysis

This is the 3rd blind patient that has been discharged as threats. We have tapes of conversations with the ESRD Networks helping to support a dismissal…..our tax dollars at work.

I am pasting an email to Kent Thiry and CMS…..this Physician I will post his name and see if we can get the recordings of conversations. Hannibal Lector has a better reference. 

This man is blind and poses no threat

Subject: Huge amounts of dismissed patients blackballed in Texas
From:  <>
Date: Thu, Mar 07, 2013 11:42 am
To: 7 recipients 

It appears that a patient in Lewisville Tx has been discharged for going to his doctors office to complain about his personal protected information being told were all patients can hear. The Secretary had started yelling at him and told him to go and wait in the waiting room. She called the police and he was discharged immediately, as she was afraid of a blind man that is 6’1 and weighs 120 lbs. He has cancer. 

Davita had discharged him immediately, as the Medical Director had. It appears that one Physician was going to take him, until he talked to Dr. Baker….Hannibal Lector has a better reference. Many rejections and this is so unfair. Were is due justice? Several Rn’s and Social workers have told him to record conversations. They are very interesting, even from the ESRD Networks.

It appears that I have shown you many cases of Davita’s discharges. This is one of the unfairest that I have seen. He has been refused by hospitals in the area. They use the K as the qualifier and his Creatinine is extremely high. It appears that no Nephrologist is seeing him. 

The other blind impared patient has been discharged in New York with no where to dialize…His crime also was manufactured. 

I have several Texas patients and one is being harassed. He also is blind.

I dont expect anything out of you, as all other emails have been avoided. Out of sight out of mind. I do expect the one patient in Texas to die, as he is being denied care.

If you want the HIPPA form, I will release the information. Shame on you Kent! Shame on you CMMS

Arlene Mullin-Tinker

As of yet Davita and this Physician continues to scare other Doctors off.


Friday, November 16, 2012 | By arlene | 4 Comments

We met with the Clarkston, MI Davita clinic to discuss concerns raised by a patient. We were a little amused to be greeted by an armed guard.

The patient felt concerns with his treatment were not being listened to and that he was being retaliated against by voicing those concerns about care issues. In the beginning the meeting was tense, but the outcome was what the patient wanted. He had a chance to voice his dialysis care and how he felt retaliated for expressing any concerns.

The Davita Corporate Regional manager in attendance, I found was actively listening and took notes.  I found her easy to talk with, was open minded, and not feeling attacked. I think she also now is more aware of how patients feel about their dialysis experience at Davita clinics.

The Medical director was also present, open to suggestions, listened to the patient’s feelings. The patient explained how he felt about his care. I do feel that after leaving the meeting the Nephrologists understood more about patient feelings and fears, and will be more receptive to patients needs in the future.

I felt the Social worker was the most empathetic of all. She apologized to the patient and realized that many patients feel threatened when they are undergoing dialysis and someone in authority is talking to them. The patient explained how he and other patients fell with someone towering over them while restrained during dialysis. I feel this is a major issue with most patients, standing over a patient, questioning them, is intimidating. I have a feeling the Social Worker will approach patients differently.

We feel this clinic is receptive to the need for patient/clinic relation changes.

The patient we advocated for has a voice and is being heard and respected. He reports that his care has greatly improved.

It took a brave patient and a brave spouse to speak out on care. We really did meet 2 new friends.

Davita Clarkston, MI gets high marks for meeting with us and listening to our patients needs. We hope that this is small opening in the Davita Corporate Wall and may lead to better a better understanding of what their dialysis patients concerns are, and willingness to work with us to that end.