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Emails to Rep. Crow

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Written by: Super User
Category: Uncategorised
Published: 16 July 2024
Hits: 1180

Jul 15, 2024, 10:31 AM:

Rep. Crow,
 
I have a couple of things - some good news for a change!  I've been writing to you about the conditions in kidney dialysis (horrendous).  And the need to get rid of things like the Stark Law exemption the nephrologists got, which by the way I wrote a blog about - compared it to a town with two restaurants. I've written that the exemption to the Stark Law stifles innovations like 'Community Dialysis Houses'.
 
First good news item: There is a Community Dialysis House in the US that has been going since 2009!  This looks like something that could definitely help rural Coloradoans who have to make long commutes to a clinic!  Not to mention so many others!  And possibly a pilot program wouldn't be needed since we've had something going right under our noses for 15 years?  (if you count Hawaii as right under our noses)
 
Second good news item: Lina Khan at the FTC and friends are going after the big for-profit dialysis companies for the non-compete contracts they have been making the doctors sign!
 
But the main takeaway is you could bring Community Dialysis Houses to Colorado!
 
Regards,
Chris Schwab
DialysisEthics2.org and M.I.Mother's Keeper
 
-------------------------------------------------------------------------------------------------------------------
 
  Jun 8, 2024, 2:21 PM

 

Rep. Crow,
 
Besides having not even kids being spared in kidney dialysis, I thought I ought to mention another God-awful problem that has been around for decades: dialysis patient terminations.  I came close to almost seeing this firsthand years ago when my daughter was in a clinic and I made the mistake of asking too many questions - and not liking the answers.  The charge nurse threatened to kick my daughter out of the clinic, though she and the doctor relented later.
 
The article I linked to had this to say about terminations:
"This profit motive makes involuntary discharge a very American problem. In countries such as Australia, Canada, and New Zealand, the vast majority of clinics must accept everyone. Involuntary discharge “would not be tolerated in the Canadian health care system,” Bear says. “There would be outrage beyond description.”"
 
And:
"In his nephrology practice in Alberta, Bear saw plenty of patients prone to outbursts and disruptive behavior. What he didn’t see over his four-decade career, he told me, was a single involuntary discharge. He attributes this to lower patient-to-staff ratios. The bulk of care in Canadian dialysis clinics is performed by highly paid and well-trained nurses, Bear says. Technicians are responsible for maintaining the machines, not attending patients. This, and the absence of profiteering, he says, has rendered involuntary discharge nearly nonexistent." (all of this for higher costs here in the US of course)
 
Journalist Carrie Arnold wrote much of the article I quoted, she and others were also responsible for a series of articles put out by Scientific American and Undark.
 
So what are the solutions?  They are mentioned in the 2nd half of the article I'm linking to.  The first half of the article summarizes the press conference NYT's best-selling author Tom Mueller had with the labor union SEIU with DC earlier in the year, Tom Mueller has the book 'How to Make a Killing' out.  A book we left with your staff in DC on February 29th.  A book we hope you and your staff had time to look over!
 
 
Sincerely,
Chris Schwab
DialysisEthics2.org and M.I.Mother's Keeper
 
-------------------------------------------------------------------------------------------------------------------
 
  Thu, Apr 18, 9:36 AM
 
Rep. Crow,
 
I hope the Tom Mueller book 'How to Make a Killing' we left off February 29th at your DC office is making the rounds with you and your staff!  It does talk about what this 20+ year kidney dialysis advocate has seen - and then some.
 
I did want to mention the petition we have out there is approaching 200 signatures!  Possibly people are starting to get appalled by how even kids haven't been spared in all this.  It is right people are up in arms about all the children dying overseas, they might now see it happening here right under our noses.  Also they might see this as what just might be one of the worst, if not the worst abuse of concentrated monopolistic corporate power imaginable!
 
And finally I'll mention a couple of people on social media requested I put together a short summary of why people might want to sign the petition and get involved in this: so in a nutshell.
 
Sincerely,
Chris Schwab
DialysisEthics2.org and M.I.Mother's Keeper
 
-------------------------------------------------------------------------------------------------------------------
 

 

Mar 18, 2024, 8:51 PM
 
Rep. Crow
 
I thought I would warn you about a bill that looks like it is in the works that appears to only benefit Big Dialysis.  Author Tom Mueller had this to say about it: "The (March) 20th event, being held by Big Dialysis is to try to justify their bogus law (which claims to avoid discrimination against patients who aren’t on private insurance, but actually is about locking in their profits):
https://deliveringdialysisandprotectin.splashthat.com/
 
I thought you might appreciate the heads-up.
 
Chris Schwab
DialysisEthics2.org and M.I.Mother's Keeper
 
-------------------------------------------------------------------------------------------------------------------
 
  Thu, Mar 7, 12:58 PM
 
Rep. Crow,
 
I just wanted to remind you again of the possible allies you might have in doing things like taking down things like the Stark Law exemption nephrologists have.  One ally I may have mentioned is Senator Chuck Grassley who headed up the committee that heard the 2000 hearing.  At his age maybe he could be haunted by the ghost of Charlie Munger too!  Sorry, just have to have a little fun now and then.  You could always bring up you like Senator Grassley's work with the False Claims Act which author Tom Mueller brought up in his book 'Crisis of Conscience'.  I've got to give Senator Grassley credit for that one!  You could mention to Senator Grassley and our friends that taking away the Stark Law exemption would foster competition with doctors and patients free to choose the best clinics and treatments for them like 'Community Dialysis Houses' - which I could see the clinics not liking.
 
Sincerely,
Chris Schwab
DialysisEthics2.org and M.I.Mother's Keeper
 
-------------------------------------------------------------------------------------------------------------------
 
 
 
 
 
 
 
 
 
 

Blog #25 Don't End Up at Fred's Discount Dialysis - Get rid of the Kidney Doctors' (Nephrologists) Exemption to the Stark Law!!!

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Written by: Super User
Category: Uncategorised
Published: 23 June 2024
Hits: 1305

Suppose a person is wandering the country and winds up in an area where there are only a couple of restaurants: 'Marvelous Mike's Michelin-starred' restaurant and 'Salmonella Sam's Toxic Waste Dump' restaurant where the chef has graduated from "Typhoid Mary's School of Culinary Delights!".  Being hungry, but not knowing the area, it is decided to ask a local wandering by where a person might partake of a good meal and refreshments.  The local assures the traveler he knows the lay of the land very well - but recommends the traveler dine at 'Salmonella Sam's'!  Why?  It isn't because the local hates tourists, turns out the local is co-owner of 'Salmonella Sam's'!  Hey, the local might otherwise be an upstanding member of the community, but good intentions don't feed the bulldog!   

Save the Billionaires Walk and Petition

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Written by: Super User
Category: Uncategorised
Published: 29 March 2023
Hits: 3111

Petition

I'm a nice guy who doesn't believe in eternal damnation (that eternal is a long time!). I believe in the road to redemption for many people. And lately I've become concerned about a couple of our favorite billionaires: Charlie Munger (99 years of age), and Warren Buffett (92 years of age). I’m wondering if they should be tying up some loose ends at their age.

My concern started when I saw their Berkshire Hathaway company held a huge share of davita, the huge kidney dialysis company (40% last I looked - though only a tiny part of the Berkshire portfolio, less than 1% from what I understand) - I’ll give some background and then why I’ve worried.

I've been well acquainted with davita since the year 2000 when my daughter was in a dialysis clinic (transplant now). My experience with kidney dialysis peaked in 2007 when I helped head-up a group that got a bill for the certification of kidney dialysis techs passed (renewed in 2012 and 2019).

What surprised and concerned me about Berkshire being involved in davita was the fact I would think Berkshire would check out the "product" better. I can tell you what we've been seeing: just the numbers and John Oliver and friends. With davita less than 1% of the Berkshire portfolio I thought this must just be some sort of oversight! But then I became aware of this. Huh, besides a long line of former kidney dialysis patients waiting for Mr. Munger and Mr. Buffett in the hereafter there maybe others lined up behind the dialysis folks! It looks like they may have some explaining to do! (thank you Lucille Ball and Desi Arnaz) I don't think their absentee-owner, denial-of-culpability act may play as well in the hereafter.

So how can we help these dear unfortunate souls who may have gone through a good portion of their lives with blinders on? I say we encourage Mr. Munger and Mr. Buffett to put the dialysis field of medicine back to the way it was! It was a group of many small clinics - the big for-profits have proven they can't handle too much power!

They have been guilty of:

- a lack of oversight

- using underpaid, under-trained, overworked staff (staff used to be mostly nurses vs. mostly techs now)

- shortening of treatments

- a multitude of scandals- among them having had the Highest Mortality Rate in the industrialized world! (again the numbers) And unique in medicine for having had rising mortality (2nd post) All for sky-rocketing prices!

So please sign this petition! It can be taken to the ‘Save the Billionaires’ Walk’ on May 6th and presented to Berkshire at their event. Feel free to show up at the Walk! Strike a blow to change this country back from “We the corporations of the United States” to “We the people of the United States”! I have my one share of Berkshire (B) for entry, so I'm sure I'll be treated like royalty.

#More Info
- 'Save the Billionaires' Walk' updates
- BillionaireRedemption Blog
- 2007 Colorado state bill pushed by a group headed up by this DE member for the certification of kidney dialysis technicians (renewed in 2012 and 2019)



Dr. Bays and the ESRD Networks

Details
Written by: Super User
Category: Uncategorised
Published: 28 March 2023
Hits: 4798

The large for-profit dialysis companies like DaVita and Fresenius don’t actually compete – just stake out their areas, like a utility.  So oversight is needed for a vulnerable population!  According to reliable sources, the oversight provided by the national ESRD networks has been less than stellar. 

 

One source of information about the national ESRD networks was provided by Dr. Kenneth Bays, a patient rep on one of the networks. He actually wanted to help improve things and didn’t want to be there to protect the poor abused clinics from the patients! So he got tired of being stymied and he quit. He then provided testimony at the US Senate in 2000 and helped found the organization DialysisEthics. This is an area of medicine where choice is severely lacking for a vulnerable population – people didn’t choose to get sick and there is little to no choice when it comes to doctors and clinics, you get what you get. You can see the results on the Home page.

 

#More Info
- 'Save the Billionaires' Walk' updates
- BillionaireRedemption Blog
- a spiritual brother, gritty fighter, and inspiration to fight to the end: Brent Smith at the 2000 US Senate hearings
- 2007 Colorado state bill pushed by a group headed up by this DE member for the certification of kidney dialysis technicians (renewed in 2012 and 2019)

Kent Thiry and Davita trial (February - April 2022)

Details
Written by: Super User
Category: Uncategorised
Published: 30 April 2022
Hits: 4455
  • Tag: Kent Thiry
  • Tag: Davita

 

Before Trial, James Hearing:

'Keep Kent Thiry happy': Prosecutors air statements of alleged DaVita conspiracy in court

 

Trial:


Groundbreaking criminal trial of Kent Thiry and DaVita takes off

 

'I'm not proud of this': Jurors in DaVita hear from witnesses who carried out allegedly illegal agreements

 

'Tell-your-boss' mandate at center of witness testimony in DaVita trial

 

DaVita case heads to jury: 'There's not a bro code exception'

 

Have to wonder if the jury had seen much of what is on this site if the outcome would have been different.  It seems Mr. Thiry managed to present himself as an upstanding citizen (there seem to be some doubts).  So it seems DaVita can continue to collect employees like birds in gilded cages - or retaliate against wayward workers.

Acquittal and not the first brush with the law

 

History - Prior Lawsuits:

 

 

Denver-based DaVita settles case on overuse of kidney care drug
quote from message thread: "Unlike not-for-profit dialysis centers, which reduced doses of the anemia drug Epogen after they reached recommended hematocrit levels, for-profit centers continued to increase doses, sometimes to three times that of non-profit centers."  "Why is this important? High doses of Epogen and similar drugs can lead to increased risk for death, strokes and heart attacks in kidney dialysis patients, which is why the FDA following the study issued a black box warning to advise doctors that they should use only the lowest dose necessary."

 

Jury awards $383.5 million in GranuFlo-linked patient deaths
"According to the complaints, the dialysis provider “failed to inspect and review the composition of GranuFlo and noticed changes, and DaVita should have noticed a significant upswing overall in bicarbonate blood levels when patients returned for dialysis treatments,” the firm said. “DaVita ignored many red flags that preceded the loss of life of these three patients and many others,” Rob Carey, lead trail attorney, said."

 

Davita Wasted Drugs to Make Big Money Off Medicare
As an example, this is what our tax dollars were used for: "instead of giving an entire 100-milligram vial of the Venofer iron drug once or twice a month, DaVita clinics gave 25-milligram doses more frequently, according to the lawsuit. But since the drug came only in a 100-milligram vial, Medicare was billed for 100 milligrams for each dose, even though 75 milligrams were wasted".

 

DaVita Whistleblower David Barbetta’s Story (DaVita paid out $400 million)
"DaVita whistleblower David Barbetta alleged in a qui tam case that DaVita paid doctors hidden kickbacks as a way to get patient referrals for its dialysis clinics and to reduce or eliminate competition from other dialysis centers."

 

Davita HealthCare Partners Announce $495 Million Whistleblower Settlement
Besides wasting Venofer, an iron supplement, as pointed out previously this article points out Zemplar, a prescription Vitamin D supplement was also wasted.  And this article also nicely summed up many of DaVita's lawsuits over the years: "In addition to the Vainer and Barbir case, DaVita has settled two additional whistleblower lawsuits, including a $55 million settlement in 2012 regarding double billing for the anemia drug Epogen, and $389 million in 2009 regarding kickbacks to kidney doctors for patient referrals. DaVita also paid $22 million to settle related claims throughout five states."

 

Death of Betty Allen
"Over the years, as the for-profit industry started to get involved in dialysis, there were big changes ... unlicensed technicians or uncertified technicians instead of nurses," Ferriter says. "It has become more impersonal. When you think about it, it's the same principle as an assembly line."

 

 

 

 

 

 

 

 

 

 

 

 

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