KP Southern California Sports Medicine Complaint

Received by email a few days ago. Unfortunately this is all too typical, and here’s why: Kaiser Permanente doctors are trained to minimize your symptoms, and pressured to always default to the least expensive treatment. In fact, nearly all of the grievances we hear about are at least partially due to this cost-saving practice. Many never find out they have been receiving substandard care until they change insurance, because KP won’t even tell you more expensive alternatives exist. That is what happens when your doctor is employed by your health plan. Money first; Hippocratic Oath last.

By Michael Doering

I left Kaiser some time ago because my son has epilepsy and needed a better choice of doctors to deal with his problem. My own problem was pretty simple compared to his. Shoulder trouble. I went to the Kaiser same day appointments for years and to the “sports medicine” doc, named Holmes. I also reported it to my primary care physician, a Dr. Lane. All I ever got from them was a shot of cortisone and one session with a physical therapist who said I needed to hold my shoulders back more. She was a contractor. One session. That was about 5 years ago.

Today, on another medical plan, outside the bureaucracy of Kaiser, I went to a GP called Chambers. He asked me to lift my shoulders and move my arms in one or two other positions. He saw me trying to get my wallet out of my pocket. In about ten seconds he could see the problem. He said “You have frozen shoulder.” He took an X-ray and referred me to an orthopedic surgeon. Before I left he spoke to me and said I had severe arthritis in my shoulder and probably some cartilage damage too and would probably need surgery. SO WHERE WERE YOU ON THAT ONE, KAISER? 5 years I waited in pain, unable to sleep at night.

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Catch Up Post — Part 6

We’ll call this one the “George Halvorson, first reform your own organization” Edition.

  • An Elite Notary explains why it is so difficult to obtain legal representation in California in medical malpractice cases. Hint: it’s all about MICRA and mandatory binding arbitration, and claims against Kaiser have decreased 20% as a result. Just the legal filings, mind you, not the number of malpractice incidents.
  • Matt Welch prefers the French health care system to ours in the US, in part because his wife’s breast cancer was missed by an indifferent KP doctor. What kind of doctor dismisses any kind of breast lump as harmless without testing? Now you know.
  • A concise compilation of Kaiser scandals that clearly illustrates its unsuitability as a model for US health care reform. Not that we at Kaiser Thrive Exposed are against health care reform in general — our problem is with Kaiser-style health care deform.
  • Hillarie Levy continues her struggle to make doctors accountable for the kind of misdiagnosis that caused the death of her daughter. Robyn Libitsky’s cancer was found to be untreatable after having been missed by KP doctors for 14 visits over a 5-month period. Kaiser subsequently tried to cover up for several of the doctors involved.
  • KP apparently limits the number of test strips for diabetics that it will pay for, regardless of patient need. I’m not a diabetic, but I can attest to having my monthly allocation of asthma medicine limited by KP, which landed me in the ER via ambulance once. What’s more expensive? A few more test strips or a diabetic coma? An extra inhaler or an ER visit? Maybe they hope you’ll just die so you can’t complain, and if you do your family won’t be able to find an attorney.
  • Most folks are probably not aware that Heather O’Rourke – child star of the Poltergeist movies — died at age 12 due to misdiagnosis of a bowel obstruction by none other than Kaiser Permanente.
  • Kaiser Santa Rosa earned certification as a Primary Stroke Center in January of 2010. Problem is that only a few months earlier they were found to have the highest stroke mortality rate in Sonoma County in an independent report by the Niagara Health Quality Coalition. Could they really change it up that fast, or do they just have the hardest working PR goons and biggest bank account in existence? We would never suggest any impropriety, but The Joint Commission, which bestowed the award for this seemingly miraculous turnaround, just happens to be supported by payments from the HMOs it rates. Yeah, makes you go hmm.
  • KP routinely misdiagnoses Lyme Disease, and here is one case. Imagine being told you have ALS, which is terminal, when a long-term course of antibiotics could help you. And of course once KP finally reaches the correct diagnosis, they also want to deny the treatment.
  • Please don’t claim we only have negative things to say about KP, because we’re actually happy about this. Never mind that it shouldn’t have been necessary. ;)
  • KP doesn’t want to “needlessly” alarm patients by fully disclosing test results. Who are those electronic medical records supposed to benefit again?

Well there’s another month of Kaiser scandals. As always, much more to come.

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Kaiser ordered to stop denying therapies for non-physical conditions

Kaiser Permanente denies services At the end of February, the California Department of Managed Health Care (DMHC) issued a cease and desist order against Kaiser Foundation Health Plan, for denying physical, occupational and speech therapy to members with “non-physical conditions.” This action was in response to more than 100 complaints that were received by the department since 2009.

According to Anthony Manzanetti, chief of enforcement for the DMHC, “That means that people who may stutter or lisp or who have developmental delays don’t receive speech therapy.” Members with mental illnesses are also excluded.

The DMHC investigation found that Kaiser routinely denies coverage for these therapies on the basis that the enrollee does not have a physical condition, regardless of medical necessity. Denials such as this are in direct violation of the Knox-Keene Act and the state’s mental health parity law. In California, health plans are required to cover medically necessary basic health care services, including speech, physical, and occupational therapy. In addition, state law requires coverage for diagnosis and treatment for certain mental health conditions.

In the letters that are sent to patients, Kaiser cites its clinical practice guidelines as a reason for the denials, which state in part:

A service is NOT a physical or occupational therapy Health Care Service…when the therapy does not meet the indicators in these Guidelines. Some of the circumstances are described below: …Programs for communication / cognitive deficits from developmental disorders – where deficits do not impact overall health.” [Bolding, capitals and underline in original]

There is a similar section in KP’s guidelines for speech therapy.

Of course Kaiser denies it. Quoted in the San Jose Mercury News, a KP executive claimed to be surprised and disappointed by the DMHC action:

“The department appears to have misunderstood or mischaracterized Kaiser Permanente’s approach to providing speech, physical and occupational therapy to our members,” said John Nelson, Kaiser vice president, in a written statement.

“These therapies are not limited only to patients with physical conditions,” he said.

We don’t think so, Kaiser Executive. You’re just trying to put your organization’s typical Goebellesque spin on the matter, and it shows.

We have archived the full order here (PDF).

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Why isn’t Kaiser less expensive?

An interesting podcast from Sarah Varney of KQED’s The California Report, on why Kaiser’s premiums have risen in recent years to levels often on a par with traditional health insurance rates. Among others, she interviews KP CEO George Halvorson, who as usual would like his customers to disbelieve their own experiences in favor of his PRBS™ spin. Also note the customary lack of transparency.

You may be surprised to learn that we have never thought the idea behind Kaiser Permanente is a bad one. We believe the problems are in the execution, and are mostly due to issues inherent in its corrupt corporate culture. We can only hope that the more direct competition that is spoken of in this report might someday put pressure on KP to clean itself up, as well as keep prices lower in the future.

Our transcription for the hearing impaired and folks without audio is below the embedded player.

Announcer: As I just mentioned, the federal health law now under review by the US Supreme Court tries to tackle the problem of high health care costs with financial rewards to providers who do a better job coordinating patient care. And in that regard, Kaiser Permanente, here in California, is often touted as the nation’s best hope for bringing health care costs more in line with other developed nations. But, if that’s the case, asked The California Report’s health reporter, Sarah Varney, why isn’t Kaiser less expensive?

Sarah Varney: Kaiser Permanente rose out of a utopian industrialist’s dream. During the 1930s and 40s Henry J. Kaiser wanted to make sure the workers at his Richmond shipyard were steady and strong.

Cut to vintage promotional recording: A medical dream comes true under the drive of industrialist Henry Kaiser, who holds the plans of the ultra modern hospital, designed by…

George Halvorson: When Henry built things he tended to assemble an entire team to build all of the parts.

SV: George Halvorson is KP’s current CEO.

GH: So when he started providing health care to his workers he used that model, which was to have a Kaiser hospital, Kaiser clinics…

SV: KP opened its doors to the public in 1945 and offered health coverage that was considerably less expensive than conventional insurers like Blue Cross. The strategy worked because it owned and operated its own hospitals and clinics, and directly employed physicians. But Mark Smith, head of the California Health Care Foundation, says KP is no longer the bargain it used to be.

Mark Smith: They got where they are in part by being the cost leader in the market, and they no longer are.

SV: Indeed, health care researchers and Kaiser’s biggest customers say the price gap between Kaiser and other insurance companies has narrowed or closed all together. CalPERS, the state agency that manages benefits for retired public employees, negotiated premiums with Blue Shield that are less expensive than Kaiser. That was unheard of just a few years ago. Smith, of the California Health Care Foundation, says because Kaiser is both the insurer and the health care provider the company hasn’t faced much competition.

MS: They’re not really pressed to be that much cheaper; they’re kind of shadow pricing, is what economists would say. So if your competitor takes $4 to make a banana and it only takes you $2 to make a banana, you price your banana at $3.95 and you kind of pocket the rest.

SV: That’s a charge Kaiser’s CEO George Halvorson vigorously denies.

GH: We’re at least 10% better everywhere, um, sometimes we’re 15 or 20% less expensive.

SV: Kaiser sets its rates, says Halvorson, based on how much it spends on patient care. It has nothing to do, he says, with what other insurers are charging. And, he adds, Kaiser offers richer benefits than other plans.

GH: Everybody else is stripping their benefit packages down, so they’re putting in higher and higher deductibles, and that’s just shifting the cost to the employee.

SV: Since negotiations between health plans and employers are largely confidential, and each insurance plan offers different services, it’s difficult to discern just how Kaiser fairs against other companies. In documents filed with state regulators, Kaiser Permanente says the cost of running its entire operation increases by about 5% each year. But some of Kaiser’s biggest customers — companies that are household names in California — say their premiums have jumped much higher. In some cases 20%. David Lansky heads the San Francisco based Pacific Business Group on Health, which represents large employers.

David Lansky: Kaiser seems to have a difficulty of explaining why their price is what it is. So they can’t explain it very well to the benefits manager of a large company, who then can’t explain it to his or her boss. Why should we keep Kaiser? Why is this price legitimate? If Kaiser can’t document their internal cost structure and pricing, then there’s a whole chain of mistrust that gets generated because of a lack of transparency and clarity.

SV: The frustration seems to stem in part from the very trait that makes Kaiser so good at taking care of patients. It doesn’t price out procedures, tests and doctors’ visits on a menu of fees. These so called fee schedules are often arbitrary. A procedure can cost a thousand dollars at one hospital and ten thousand elsewhere.

GH: Fee schedules are a very primitive way to buy care.

SV: Kaiser’s CEO Halvorson says his company’s focus on patient outcomes is what matters.

GH: We have cut the rate of broken bones for, um, for our seniors, by about 40%, and we do nine things for the seniors to cut the broken bones. Six of the nine things do not show up on the Medicare fee schedule.

SV: Still, large employers say that because Kaiser doesn’t price out its services, it’s difficult to know why premiums rise every year. One large employer, who is not authorized to speak publicly because negotiations are confidential, told me Kaiser’s rate increases don’t seem to reflect changes in the use of Kaiser services. David Lansky says Kaiser is much more efficient than other insurers and providers. For example, patients can avoid unnecessary office visits by talking with doctors over email, but Lansky says employers, who pay the bills, aren’t yet seeing the savings.

DL: I told you what we all went through with the banks when they went to ATMs and stopped having tellers in the retail points of service. You’d think that would actually lower costs; instead we started paying fees at the ATMs.

Bob Kocher: A lot of us in health policy land have scratched our heads at that and said well, you know, why can’t Kaiser be a heck of a lot cheaper.

SV: Bob Kocher, now a partner at the venture capital firm Venrock, served as a health care adviser to President Obama. Kocher is a big fan of Kaiser’s highly coordinated system, saying that its model was at the back of many policy makers’ minds when they pushed to include in the federal health law financial enticements for hospitals and doctors to essentially form Kaiser lookalikes. Still, Kocher says he would hope the Kaiser model would deliver steeper savings.

BK: How do we unleash that sort of pressure on price to have them not be compelled to raise their prices by 8, 9, 10% a year?

SV: Kocher and other policy experts suspect that pressure to compete might come when, and if, those Kaiser mini-mes get off the ground. For the California Report, I’m Sarah Varney.

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Catch Up Post — Part 5

And the fraud just keeps on coming, albeit somewhat delayed on our part.

  • Dr. Hamid Safari, the Kaiser Fresno perinatologist who was accused of unsafe practices and causing the deaths of two babies, was cleared by the Medical Board of California and tried to get his job back. Of course the MBC practically requires a signed confession before they don’t clear someone. The same article tells us that the two doctors who blew the whistle, and claimed retaliation as a result, settled their lawsuit against KP for $1.4 million. Our prior coverage is here.
  • According to a study conducted by the California Nurses Association/National Nurses Organizing Committee, Kaiser Permanente denies 28% of all claims. Even more interesting because they are also providing the health care.
  • The Kaiser Foundation Rehabilitation Center in Vallejo was fined $25,000 for leaving a sponge inside a surgical patient.
  • You can’t even get away from them when looking for a bus route.
  • A former Kaiser Hawaii optometrist won a $180,000 arbitration award for wrongful termination. Gotta love the canned PRBS™ response. Or hate it — you decide.
  • Kaiser’s income rises even when membership falls. Hmm.
  • Kaiser Northwest paid $1.83 million to settle allegations of Medicare fraud. Not the first time, and probably not the last.
  • Kaiser Sacramento misplaced a baby’s body for 6 days, causing the grieving parents much unnecessary additional distress. It had apparently been placed in a pathology department refrigerator and was mistaken for an ice pack. Yeah, shocking even to us, after all we have seen and heard. We do hear about a lot of Kaiser scandals — many that we can’t repeat for privacy reasons — and it does seem that the Sacramento area facilities have more problems than most. Buyer beware.
  • Kaiser involved in a “private label” Medicaid drug pricing scam, resulting in a multi-million dollar fine. Again, not the first time.
  • Kaiser paid a $3.75 million fine for submitting false bills to the federal government. Care they claimed had been provided by teaching physicians had actually been administered by unsupervised residents.

We’re almost done with 2009. Whatever will the new year bring?

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New Kaiser Thieves Parody

We haven’t done one of these Thrive ad parodies in awhile. Hope you enjoy it, and as always, feel free to copy, email and share.

The rest of the parodies can be found here.

Kaiser Permanente Thrive Thieves Ad Parody - Smiles

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Catch Up Post — Part 4

Kaiser News and Scandals Part 4, Privacy and ‘Thrive’-acy Edition.

We’re only about 3/4 of the way through 2009. Even I’m a little surprised by how much Kaiser Krappola we missed, but it is so important to document it all in one place to show the continuing pattern of the same old problems. There is more; much more.

Until next time…

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KP’s website down? What does George Zimmerman have to do with it?

We have been receiving a lot of visits from folks accessing via search engine queries for variations of the term “Kaiser website down.”

Don’t know if this has anything to do with it, but we did receive the following email a couple of days ago:

Please let your readers know that they must be very careful about what they post on the Kaiser web site. Today, 4/13/12, I clicked on “email your doctor, and email another dept,” and two pop-ups came up that said,”Zimmerman did not use a racial slur.” So much for it being a “secure” website.

Gee, hope all that personal private medical information isn’t at risk.

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Catch Up Post — Part 3

So many scandals, so little time. Enjoy Part 3 of our belated Kaiser Permanente News Roundup.

  • Kaiser involved in Pay-to-Play scheme intended to provide lobbyists with off-the-record access to Obama administration officials, members of Congress, and the Washington Post’s reporters and editors. So what else is new?
  • The Colorado Division of Insurance fined Kaiser $367,000 for numerous violations, including claims-handling issues and failure to adhere to Colorado insurance regulations. See, California — it’s not just you.
  • A San Diego grand jury found it was acceptable for Kaiser to keep parts of a controversial bed “guarantee” agreement with Palomar Medical Center a secret because the health care industry is so competitive. Transparently untransparent, as always.
  • Dr. Scott Takasugi, who was accused of sexually assaulting several of his patients at Kaiser, was sentenced to three years and eight months in prison after pleading no contest to the charges. For background, including how Kaiser ignored complaints about Dr. Takasugi for several years, see our prior posts about the case.
  • A school teacher sued Kaiser for conspiracy, negligence, invasion of privacy and emotional distress, after a KP nurse pried into her medical file and reported the findings to her employer.
  • Kaiser settled five malpractice claims related to its San Francisco kidney transplant program debacle, for a total of $1 million. Three of the cases were for wrongful-death, a fourth was repeatedly refused a donor, and the fifth was due to poor postop care that led to eventual organ rejection. One million for all five is not nearly enough in our opinion, but you can thank MICRA for that. Our coverage is here.
  • Yet another lawsuit stemming from the refusal of KP and other health plans to provide adequate treatment to patients with autism.
  • Parents of a 3-year-old boy who died after being operated on by Kaiser’s Dr. Death Jayant Patel, have agreed to settle a wrongful death lawsuit for $200,000. That’s probably less than Kaiser paid Patel in a year. Unless your name is Michael Jackson, human life has very little value in our joke of a medical/legal system.
  • Another blogger and patient hates Kaiser Permanente.
  • Fighting for his life is not enough. A California man with MS also has to fight Kaiser for necessary medical care.

That’s all I have time for today, but there is so much more to come.

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Catch Up Post — Part 2

Part 2 of the Kaiser Permanente stories we missed during our hiatus from posting:

OK, well that’s it for now. Much more to come, and we’re not even out of 2009 yet.

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