Violations of Civil Rights page 38: contract compliance complaints

                                                                                                            Linda Joy Adams
                                                                                                            6/5/2011
                                                                                                             Fax:
Thomas M. Dowd
Director
Division of Program Operations
U.S. Department of Labor
Office of Contract Compliance Programs
200 Constitution Ave, N.W.
E030 Room N3408
Washington, D.C. 20210
Dear Sir:
             You don't seem to have all the information as to what is occurring with my contract compliance complaints against Medicare Coordination of Benefits, a US Dept of Labor contractor and also Affiliated Computer Services. The complaint against Medicare Coordination of Benefits is pending and an investigator is assigned. The violation of this contract has led to $4 million theft of the Medicare trust fund due to their non- compliance. See the complaint and detailed explanation and documentation.
Affiliated  Computer Services  has ' hijacked' the Federal workers compensation program. Recently an employee of the Dallas OWCP office said: we can't do anything with ACS ( letting them have access to my files. including judges remand orders)  I had to refile a request to reopen with your office on ACS as I had not used the ' legal term' of facilitation. ACS has repeatedly blocked the faciliatation of my owcp case for almost a decade.
This all began with a felony destruction of four years of my file in the late 90's not long after my file was transferred from the Philadelphia office who had established the disease claim; CA-2 for occupational asthma. Pneumonitis and Inhalation of Toxic fumes with bronchiospasms had been established in 1989 on my 1/10/89 injury and although the occupation asthma was diagnosed and submitted to OWCP it took years to get that reviewed due to on going felony destruction of records. For 22+ years there has been NO SECURITY on my files in any agency.
The Director of OIG for US Dept of Labor had been prompted by Congressional inquiry into the blatant  lack of secuity in the Dallas regional office.  The felony disappearances were " overwhelming." Instead of finding out and arresting who was committing the criminal acts that lead to endangerment of life and livelihood; the response was to turn the security over to ACS. They are to treat everyone equally before the law and set up our files in a reasonable order so that cases can be worked. They are not to be the decider of fact and decide: judges orders and files should' disappear' and never be posted. Nor are they to be taking orders from a Director of OPM to : not input oxygen claims beacuse: they will be paid. They actually have 22 years worth unprocessed. Further she had informed others to: " let her die' in reference to me.
I have permanent medical benefits because of the need for home oxygen under the 1980's law that was passed to prevent just the kind of ' abuse of power' that has occurred. ACS was contracted to prevent this kind of abuses. Christina Stark admitted when Lynn Blodgett CEO of ACS contacted her last year she only had 4 out of dozens of CA1'sm CA'2's, and CA'2a
s and had no idea occupational asthma had been accepted and assumed there had been some kind of settlement although her office had no records to access after 1998 and those are not scanned in files, just computer codings. Even though a cover letter was with the file when transferred from my prior claims examiner in Philadelphia. We moved when my doctor said I could no longer work after maximum time to see if improvement would be good enough to return to some kind of work after the 4 year toruous daily injury by HHS-SSA ignoring their promise of reaosonable accommodation and a multitude of doctors signing also as they treated me as death got more imminent and  even the State voc rehab advised me to keep on filing EEOC compliants not realizing that even sanctions are unenforceable against another federal agency.
I've spent over $10,000 submitting this file multiple times. The 12 judges and 2 hearing officers have pointed out that there are items back to 1989 requring initial review, processing and payment. In 2004, the remand plus file reconstruction arrived at London , Ky, ACS and ' walked out the door' before posting. Witnesses state that a now convicted criminal in the Jack Abramoff bribery scandal ordered them to not post the file even thought the remand orders were in the file and  clearly stated items to be processed to justify ACS sending a bill for payment to US Dept of Labor.
ACS was contracted so that individual govt officials could not abuse their powers and commit life threatening crimes anymore.
Twice in recent years local Dallas officials tried to process and pay some benefits with out the needed records that have been submitted multiple times. Guessing and gossip have resulted in more chaos as they don't follow the laws and policies. My latest letter from them is requiring not only the file be resubmitted again and I make ACS make it available to them, but also they need the EEOC sanction, 240 EEOC complaints, dozen union grievances, and other documentation to show that HHS-SSA lied in writing when they offered reasonable accommodation in 1990 and made no attempt to do so ; thus a 4 year constant physical injury and great physcial pain ensued. This physical torture that came close to terminating my life is well documented. And they now want it. This entails more expense. I've sent certified letters to make arragments for a fax number to e made available as I do have a basic rate for long distance now. Another expense, made necessary by the non facilitation of ACS with regards to my OWCP file
Since the only oxygen provider of compressed air ( concentrators give off , for me life threateing ozone, I'm approved by all 3 health plans for life) was blatantly lied to in 2006 by ACS, they are refusing service.And are in defiance of the appellate judge at Medicare who ruled, using the official US Dept of Labor records which Cigna Govt Services provided to the judges, and are not available to the Dallas regional office of owcp. By ' throwing away' numerous requests for repayment from Medicare." Fed Blues , at the time ACS took over, decided to arbitrarily post false info that I'd gotten an owcp settlement and retired and thus  stopped paying primary for non-covered owcp bills.
In 2006, ACS lied to Lincare with the same false info and even stated that I'd gotten the monies to pay them the monies owed as they had carried me without payment as the Medicare contractor, Palmetto GBA, wanted them to leave the diagnosis code off the medical necessity form as due to the high security on my Medicare claim number at US Dept of labor it wouldn't allow payment as OWCP is the primary payer.  That's how strong and protective the '80's law is to stop the life taking abuses that had occurred in the early '80's with injured Federal workers. ACS has overturned every protection of federal workers with non compliance of contract, which FOIA has refused to give me for 6 years. Illegal behavior can't be in it.
My complaint agianst ACS is for blocking the facilitation of my owcp claim. There is only one claim number for all the claims as of 3/14/95. I was not permitted to leave work sick unless ca1, ca2 were filed. Plus there are secondary and tertiary issues to the accepted conditions that are usual progressions of the disease.
Dallas OWCP is not aware that due to ' shenanighans' with disappearance of records in '91, I  lost even my medical benefits and did not get them back until I came close to death and security was beefed up in Philadelphia owcp office  to get me transferred back to US Dept of labor jurisdiction effective 10/10/94.
Recent published medical research clearly shows that after the terrible traumitic exposure that I had, there is no hope for any kind of even partial recovery when one is constantly exposed to inflamming irritants which only have to be in parts per billion after such an injury. Thus the ' disppearance of files, every time the case starts getting worked has caused permanent and total disability. The policy of ' dumping' one back into an agency with no oversight to see if accommodations are occurring should change. in my case every time one of my co workers died, conditions were made worse as I had become a ' precedent' for  my office and criminal charges should have been brought agianst high level officials for actions that contributed to  deaths. And my medical records and treatment were evedince agianst certain individuals who were given authority over me.
With the file missing, the last Employee Compensation Board remand in 2/09 set aside, the reason for stopping wage loss,  and to use my records to establish that I did return to work in 1990.  Jean Graham was assigned my case in Dallas and she was familiar with my case in prior years, and proceeded to send me a letter to pursue my permanent disability claim that was filed in 8/96. ACS had not made avlalable to her even that request for schedule award and owcp attending physician letter and volouminous medical documentation that was sufficient for US DEPT of Education to waive student loans with in '98. It is highly probable that she could have made a postive decision if ACS had facilitated it and I wouldn't be trying to get contract compliance. US Ed's disability is even more severe than OWCP's as it is not just being unable to work but also not being able to attend school.
There is also, the issue of my cooperation with the Congressional committee on Govt reform in '97. Congressoman Dan Burton's aide, Mark Brasher said to me: Your case is perfect. ( for a congressional committee to use )The merits of your case is not in question but every weakness in the law has been used against you. We never got comprehensive owcp legislation, due to attention diverted to impeachment of the President. And for me: things got blatantly worse.
I'm sending you this to associate with the pending complaint. ( Your FOIA office has not made these contracts available to me. )But no govt contract can be legal that permits unconstitutional behavior.
Unless ACS allows access to my files; the claims examiner can't process anything.
most of my prescirpitons have not yet been processed and paid although approved for '90-today.
Three of my life sustaining inhalents are off the market due to use of CFC's and my current pulmonologist has me using  an alternative that requires payment out of pocket from a stand alone pharmacy that  he has to mix himself as the substitutes include life threatening ingredients. ( all well documented in file and Iwas asked for these records for congressional hearings in '97 for that by an independent doctor's lobby group that was aware of my well documented case; that resluted in a congressional waiver of the ban.) Everything has been timely filed and anything not paid  was timely appealed but Dallas owcp doesn't even have those appeals to answer.
In recent months, I learned the reason that ACS won't process the 11 years of oxygen claims is becuase it would bring the offline system they have disparately set up on me online ( to charge you?) with the official US Dept of labor system and then the Dallas owcp office would get what Medicare coordination of benefits gets biweekly  from US dept of Labor., but then they violate the terms of their contract and alter the info thus enabling overpayments against me and my providers/ suppliers and blatant theft of Medicare in what my local US atty's calls the biggest RICCO case in the hisotry of the USA as its been on - going for over a decade since the Sec of HHS decded to go to these contracts with employers and agencies and has not enforced their contracts form their side, either. Insiders say that over a trillion dollars is owed back to Medicare from the liability insurance industry over this blatant manipulation of claims by govt contractors. Even worse is the loss of life form altering diagnosis codes to circumvent the primary payer, which in my case is OWCP who should be getting all my claims first. Thus creating a fraudulent national health insurance data base that is being used more often for medcial history and a congressional study on wrongful death malparactice suits documents what happens when its used, and since its not under HIPPAA not even the doctor whose diagnosis was altered can get it corrected before harm to the patient occurs. Dr Berwicks's staff is currently working on getting it under HIPPAA.( Current Director)
 ACS lies and tells billing personnel the same false info as Blues has  and worse- out and out slander at times, which obstructs medical care. Thier call center employees are usual very courteous and few know that my file is not posted as others are and is ' offline' so no one knows the truth of the facts of my case so the lower rank employee is only providing the info ACS gives them. In 2/09, the three judges at ECAB were acutely aware of this problem with ACS and ordered; ask me for the facts of the case. To do this means a file reconstruction to start. It may be all that is  needed. If not then additional info would need to be obtained and ACS has to allow it to be available to the claims examiners. Currently, they are not permitted to review anything until after ACS gets it. even faxes, mail or had delivered documents go direct to ACS in London, Ky. first to be posted. Even a new CA1 and Ca2 which  their on line web site said could be filed with Dallas was sent there by certified mail and forwarded on to London, Ky and no response has been received and its not posted after 3 months according to an emplyee in the Dallas , office.
Sending info to E. Martin Walker , Regional Director of employment Standards in Dallas will only result in him having to send them to ACS before he can look at them and ACS won;t let him see the file either according to staff in Dallas. I've pleaded with him in past years to do something about making my files available to the Dallas OWCP office and he seems to be unable to do anything either without contract compliance enforced. Worse of all: the national director of Office of Inspector general's policy  to not investigate felony disappearacnes out of US Dept of Labor offices means that even Mr. Walker can't be cleared of being a suspect in the felony destruction of 4 years of my file which has led to more years of physical and financial struggle to stay alive. Every one with access to the office is a suspect and that is unconstitutional to not have caught the thieves.Even in the late '90's fingerprints and hidden cameras were available.
Mr. Blodgett mislead? Ms. Stark last year, by saying my file got posted in '05. That was the subsequent file reconstruction. London, Ky refused to go along with Sec of Labor's arrangement letting us  use the ACS 1-800 fax number to do a reconstruction after the '04 disappearance of the file. Tallahasse never got the documents back to process even though we had to redo all the travel vouchers and out of pocket expenses on the new forms. The Director of OWCP, Mr Fitzgerald found part of the missing records and mailed them on to Dallas and tried to by pass ACS. only to have those and records ' shredded' and the regional oig would do nothing about. it. All this was reported and documented and a local OIG official said investigation was not allowed. This wasn't just my files according to the ACS official ordered to do the shredding. I'm pleading for my life and livelihood in this response. Unless govt contractors are made to do their job they  have put everyone at constitutional risk. AND more importantly, govt contractors must resist illegal orders from govt officials who try and use them to commit illegal acts that they wish to not be criminally liable for. I'm physically not able to do what is needed to keep reconstructing and filing papers over and over and ACS blocking even judges' orders. Medicare Coordination of benefits has cost me and my family physcial harship and finanical difficulty in violating the terms of their US dept of Lavor contract and causing no medical provider/ supplier being able to know whom to bill for a decade. CMS's fiscal director is aware of the terms of these contracts and said: no one is allowed to alter the posting, yet ' everyone' is allowed to do so. a couple of years ago they ' automated' the alteration so that there is only @15 minutes biweekly that anyone can find out whom to bill. Their elaborate offline system is not accessible by the contract auditors and so Medicare is not broke, its being stolen. I have filed with theri officie of civil rights on all these matters  but this is an IT contract with US DEPT OF LABOR and would have stopped the non facilitation at ACS years ago as more and more collection letters piled up from medicare for bill they had to pay conditionally and undoubtedly the SEC of Labor and Congress would have been asking why no reimbursements and if the answer, we can't control our contractors, then Congress could hve given you whatever  you need to do so. Social Security scans in when items arrive in their offices. ( not every office has this yet?) I had suggested that this be done at OWCP before ACS was given the contract:  That way, all items received would be on line the same day as received.  I don't have the monies to pay for a reconstruction copying and mailing charges and have them thrown away and never made available  and never processed.  Now Dallas is demanding ' everything' and faxing is only available. My family is helping as I have to limit exposure to the ink and paper. Please don;t lose sight of the last decade of problems due to felony disappearance of files in the cusotdy of US dept of Labor. ACS  deciding what my cliams exainer can or can;t have available is violation of terms of contract especially when its coming from the highest judges in the agency. Every document is pertinent as the horrendous chaos and violations by other agencies and individuals keeps growing and that's considered pain and suffering in a third part law suit; which US Dept of Labor required Ifile to reimburse the taxpayer and them obstructed it. My attorny is a competent trial lawyer and con't move forward until US Depr of Labor figures up the damages. Its now 20 + years later and most prescriptions not processed, insurance companies never reimbursed , secondary/tertiary medical issues being treated in legal limbo and what has been paid is increasingly  chaotic without the detailed records I've repeatedly submitted and the judges say should be accepted.  The biggest problem I've had with OWCP sunce 1/10/89 is security on my files and the same problem has taken place in other agencies. High level officials have stated I was one of the national precedent cases and that means disappearance of my files not only harms me but anyone else with similar injuries from obtaining constitutional justice. The current OWCP system makes it possible for just one high level official to abuse power and cause this kind of havoc that contracting out  was to stop.  Linda Joy Adams ( just do a name search on line for more of what has occured)