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Showing posts with label case m09-1406. Show all posts
Showing posts with label case m09-1406. Show all posts

Wednesday, April 13, 2011

violations of civil rights page 34; msprc missing my records

Medicare Secondary Recovery Contractor
P.O. Box 138832
Oklahoma City, OK. 73113
( a subsidiary of Group Health, in international conglomerate)
    On 9/29/10 the first of bills paid by medicare were ruled on by the Medicare Appellate judge who said the few claims in front of  her for 2006 paid oxygen claims were the legal responsibility of Federal Workers Compensation. she did not overturn two Administrative law judge rulings that both Federal workers compensations and federal Blue cross blue shield were primary to Medicare. Its the legal responsibility of medicare to collect monies due back from ones primary payers that were paid due to shenanigans by ones primary payers and end the on going abuses by the primaries.
I had provided a copy of the ruling case: M09-1406 to your office by fax and had heard nothing from you on it. The recovery letters were sent in 2008 on the bills and they went to Affiliated Computer Systems, the US Dept of Labor contractor, who promptly ' threw it away ' as they did the letters  from  you in 2005,  and 2007 when your employees tried their best to find the bills paid by Medicare from the the national health insurance data base as trailblazers, the cms contractor had illegally manipulated the claims and even had Medicare coordination of Benefits delete my federal Blue cross off the records to bypass both of my primary payers and have Medicare pay and committed " theft of the Medicare trust fund" by creating a phony Medicare number and bypassing all the legal checks on theft. Congress said they can't be prosecuted for theft but they can for violations of civil rights. And the recent action reopens their on-going civil rights violations. every Medicare claim paid was either for a permanently accepted medical conditions at federal workers comp ( OWCP) or its a secondary/ tertiary issue  that has yet to be reviewed for acceptance and should be listed for medical subrogation.
Affiliated Computer Systems has never set up my computer case file as they have others, and have spewed out incorrect and misleading information from a ' dummy' offline file that indicates case closed with a third party  ( unknown) should pay from a settlement. None of this has occurred and the official records and 6 appellate judges at the US dept of Labor knows it and remanded the case back indicating ' everyone' is to ask me for the facts of the case as I seem to be the only one who has the case file and currently I am faxing 50,000+ pages to Christina Stark the regional office manager who is forwarding it on to Affiliated computer systems as they are not allowed to have paper in the regional office as security can't be assured on files? So the case still won't get worked.  Ones claims examiner has no access to  my files as they do on other claimants from this disparate treatment. Theresa Davis tried to decide a wage loss issue without the file and has caused more chaos. That is under appeal and reconstruction being done, but its unknown if ACS will still set up the claims file as their contract terms state and return monies to Medicare. Civil rights complaints have been filed and amended with the US Dept of Labor against Medicare coordination of benefits , your parent company's other CMS contractor, and there are civil rights complaints pending at HHS office of civil rights on the three health plans/ contractors.Sabotage of life sustaining medical care is on- going. Having to reconstruct files aggravates my accepted medical injury conditions due to exposure to inks and exertions, etc.
Today, I received a letter from you that was a copy of a collection letter sent to Federal WC US Dept Of Labor. Address it was sent to was not shown. Incident date was still being listed as date of entitlement to Medicare instead of date of injury of 1/10/1989. My attorney did not get  a copy although MSPRC has had the information and other documents. They are now missing' in your move from Detroit MI, to Oklahoma City? He is the attorney of record even though most of filings, etc are done by me with him as 'monitor' after 22+ years. Case is established and I'm just trying to get medical care and reconstruct files that keep disappearing out of the custody of the contractors which are violations of my civil rights that this is happening.
Instead of the claims the Medicare judge ordered were OWCP's, I got some bills for the year of 2001 from one pulmonologist, One I would still be seeing if OPM"/OWCP officials had not ' persuaded him in 2002 that I could not receive any medical care except in emergency rooms. "They don't want me to be seen by any board certified pulmonolgist or receive any treatment to sustain life?" So they convince him no insurance was going to pay anything to any doctor if they treat my accepted medical conditions!No coverage on Medicare or Fed Blues either. This was at the time that Illinois Blues " took over" from Arkansas Blues in TX, NM and OK and Affiliated computer systems took over control and custody of all paper and claims processing for OWCP and never set up my computer file. The civil rights abuses began More in earnest and one Blues manger said the Director of OPM was behind it all and ordered : Let her die! A DEATH Panel decision.
After waiting on the line, for forty minutes,at your call center ;I talked with a nice lady who was a temporary employee and sent a message to " Special projects" unit. My previous call, before sending in the Medicare judge's ruling was sent to the Federal workers compensation unit. "I'm SPECIAL?"
GOOD NEWS! within 2 weeks, MSPRC"S computer system will be able to show the injury date. which is 8 years prior to my date of entailment to Medicare.( I tried my best to work  on multiple occasions under conditions that did not meet work restrictions placed on my by Federal workers compensations and promised by HHS to be done which resulted in enenforceable sanctions from EEOC on a federal agency) ( There is a 22+ year claim still pending at Social security for an earlier entitlement date to Medicare that has ' disappeared 6 times and resulted in loss of part B Medicare premiums form Cyber escrow because the software program for the $250 stimulus payment didn't have a field to check active federal workers compensation case.) ( Didn't have a cross check with the offiical us dept of labor computer?)More civil rights damages. So there are no recent Medicare paid bills.
You also have had a copy of the third party law suit that US dept of labor required me to file and has been obstructed due to ACS not getting all issues and claims processed and paid so the actual monetary damages is even known to reimburse the taxpayer.
The nice lady I talked to said that ' you' decided to not pursue any collections from the primary payers, yet one letter of one doctor in 2001 was sent out to ACS for collection. I was a patient of theis doctor from 5/00 through 8/2002 when OWCP/OPM/ACS 'went after' my doctor for providing medical care that met all acceptable treatment standards. I assumed that letters would arrive on one year of bills from each medical provider / supplier and was shocked that this was not anticipated.
Part of the civil rights damages is that when the Medicare claims processor either left off the diagnosis code or altered or only listed the most generic to illegally bypass sending the claim to you for collections, it is more difficult to determine what is or is not related. Basically all bills from a pulmonologist, cardiologist and ear nose and throat doctor are for accepted medical conditions. That has been legally well grounded, except the file has not been made available from ACS to the claims examiner. Oxygen is the reason I have the permanent medical benefits that will only end on my death, which is not anticipated for many more years. There is a buy - out option. If this should occur then a line of credit is given to my employer group health plan to pay the claims at 100% reimbursement rate and Medicare wouldn't be asked to pay them.
The rest of my medical claims may or may not be for accepted conditions. But they have been filed as secondary/ tertiary claims that have yet to receive a review by my claims examiner for approval.
The highest authorities at both Medicare and at US Dept of Labor have ruled. and no subordinates are permitted to defy them. Nor are govt contractors.
I'm looking forward to having 22+ years of judges and laws defied to end by a few abusing powers that have personal reasons for not wanting me to live or have medical care. What has been on-going is abuse of power, illegal and violations of my civil rights as well as the rights of my medical providers/ suppliers to be able to provide medical care that meets acceptable treatment standards without interference and to be paid timely by the appropriate health plan in the correct amount without their claims being altered from what was placed in my medical records.
There are parties whose ' persona; reasons' are staying out of jail  with charges related to deaths of my co-workers or actions done after the fact.
If you do not have all the records that were compiled and forwarded to you in 2006 and 2007, then this is one more federal file in the custody of a govt contractor that needs to be reconstructed. Please send me a letter and a fax number to use so the person in charge of working the collections on my case have them.
You are not the decider of fact on my workers compensation case. The judges have set aside the last excuse for full reinstatement of wage loss in 2/09 which was caused by a felony destruction of my claims file in the Dallas regional office back in the late '90's. and the disappearance of the reconstructed file the judges sent to ACS in London KY in 2004 causing the Sec of Labor's to make arrangement for a reconstruction in 2005 and subsequent ' disappearance at ACS, again. The judges said in 2/09, accept my records and ask me for the facts of the case. The medical is permanent, and you are not involved in wage loss vs. work issues. I did return to work in 1990 and EEOC sanctions against HHS-SSA well proves it in those case files.
The lack of security on case files in OWCP offices, led to a contractor hired to assure security and not allow any paper files to be kept or seen in a us dept of labor owcp office. ALL papers filed, faxed, hand delivered have to be mailed direct to ACS at PO. Box 8300  London KY and then they are NOT to be a decider of fact nor which bills to process. All submissions are to be posted to a organized claims file so that the case can be worked. Whether the submissions are from the claimant or the highest appellate judges at US Dept of Labor, all are to be treated equally and processed equally. My case has had gross discrimination and violations of my civil rights resulting is a life and death struggle for life sustaining medical care as rumor and gossip gets strewn about as facts. Judges said: ask me for the facts.
Your highest authority is the Medicare judge who ruled: owcp gets the claims first, then Fed Blues an last Medicare. Not one party to this appealed. not my employer, nor me. OPM is NOT a party. Collections are in order. Since I and my estate have an overpayment liability that would not have existed if the Medicare intermediaries had labeled all the claims as conditional; I am  pleading that you fulfill your legal obligation to me and to the taxpayer by sending out recovery letters on the accepted medical conditions and list the others for recovery should additional medical conditions be accepted. With the claims having been 'manipulated' by the Medicare claims processing contractors, it is reasonable to send all claims to ACS and let them use the reconstructed file to determine if its for  accepted medical conditions or goes with which pending ca1 and ca2 on secondary/tertiary issues. That is the terms of your contract. Phone calls from govt officials is not 'OFFICIAL". 'They 'have the same official info and judges' rulings or should have before trying to  influence your non-compliance with your contract, the law, judges and to me the injured worker whose life and livelihood are at stake. Linda Joy Adams

Thursday, March 31, 2011

Violations of civil rights page 31: owcp reconsideration on schedule award issue and request to make ACS give you the files

Office of Federal Workers Compensation
525 Griffin St.
Dallas, TX 75202
Attn: Christina Stark regional office manager
Teresa Davis, Claims Examiner
 I received a ' ludicrous' response to a 1996 request for a schedule award. Its not funny, but life threatening to take what seems to be a few pages from Medicare's collection unit contractor attempting to collect monies back to them for bills approved by federal workers compensation that you seem oblivious to because you don't have my file available?.You have numerous reconsiderations that have gone unanswered and also many ca1'. ca2's and ca2a's n file that have never had an initial decision even with 9 judges and 2 hearing officers pointing out they can't review something with no initial decision. In 2/09, if you had read the last 3 appellate judges remand, you would know, if you had the entire file available to understand the context as they do, that when they set aside the misinformation that I didn't return to work in 1990 even when documented with 240 EEOC complaints and EEOC sanctions for the tortuous and painful and physically harming ordeal I went through trying to work without the promised reasonable accommodation s that HHS said they should provide. HHS was the employing Dept over SSA and EEOC matters are still pending against them that have never been settled. When monies were sent me in mailto:'09@'05 from  your offline office system, which raises a grave security issue, the claims examiner did not make decision on the ca1'. ca2's , ca2a' in file so that Social security, my agency in conjunction with HHS's personnel office could go ahead and do the leave buy back. This takes a formal decision from OWCP, even if SSA and I are in agreement.
Are you saying that US dept of Labor judges and claims examiners have no control over filings, or what you can see to render decision, that Affiliated computer systems is allowed to pick and choose what they want you to see  and that includes judges' remand orders?  ACS, who has not processed over 3/4THS of my bills and not input 11 years of oxygen bills because: the computer will pay them as their manger said and would result in the offline ' dummy ' file they set up being brought on line with the official US dept of labor secured file on me in Washington that shows permanent medical benefits for my accepted conditions. Which the Medicare judges were able to obtain, but not my claims examiner nor the bill paying unit at Affiliated computer systems.
I'm in this life threatening situation due to felony destruction of my files in the Dallas regional office before Affiliated computer services took over as a result of the criminal investigation of the regional office and laxity of security on multiple claimants files. 4 years of my life were  taken out' of the file so that my file could be overturned as it made it look like I didn't return to work in 1990. The hearing office remanded the case and neglected to make the needed statement to ' set aside that erroneous decision.' Finally the last three judges at ECAB did say the ' magic words' so that wage loss can be reinstated. They had the CSR applications and statements, all the other pertinent info and again reminded OWCP of the many issues in file needing initial decisions.
Nothing that the judges ordered have been done. especially for you to ask ME for the " fact of the case' as they knew  no one knew what was going on and was only getting bits and pieces from ACS.
Why do I, the claimant have to make the US dept of labors contractor obey the terms of a govt contract which would not be legal if all persons weren't treated equally. Their job is to post the various pieces of the file that come from all directions, whether, me or the highest judges in the agency. They are not to refuse to set up my basic file and make it disappear as what happened in 6/2004 when 35000 pages of the reconstructed file arrived from the appellate judges at ECAB and ' walked  out the door to be worked but not before, as few misleading pieces were posted to manipulate the outcome.
With permission from the Secretary of Labor, I was permitted to use the 1-800 number at the ACS Tallahassee Fl office and we put claim numbers on every piece, and redid all the out of pocket bills and travel vouchers back to 1989 on the new forms so they could be paid, only to have the boxes they sent up to the London Ky ACS office, again disappear. Since then multiple times, documents have been sent in only to have them never reach the claims examiners to review and make decisions based on the ' facts of the case'
Remember ACS has ' decided to lie to every medical provider and supplier and other parties with interest in the case and say the case is closed when it obviously isn't or you wouldn't be trying to decide a permanent disability without the extensive documentations in the file. Exactly what schedule award is being done? The entire list of accepted conditions has not yet been determined as no ca1or ca2 has had an initial decision since the 1990's. This is a progressive disease with long term side effects of approved medications, etc.
HOW CAN THE FILINGS GET TO THE CLAIMS EXAMINER? Can't you ' control' your contractor and order them to treat every claimant equally and stop discriminating against me, an elderly, disabled woman, whose religion is to value all life, including mine.
After years of this, I wrote numerous certified letters that were never answered and left messages. how can i get the facts of the case, i. e the file you should already have in front of you so the various items can get worked,.
A few weeks ago, i discovered on your web site, I could now file a CA1 , and ca2 with your office. I have a injury that was secondary, tertiary to the original accepted conditions and sent them to you and they were received by your office. However, you never got them and probably never will as is the usual situation. They were immediately set to ACS in London Ky to add to  a non existent computer claims file. If one saw only the filing, out of context of the entire file, it may make little sense to some not familiar with the medical consequences of 22+ yeas on cortisone steroids and the prior similar type claims never answered either.
There is nothing to file with ECAB as you haven't reviewed the filings yet and The judges will just send you another remand to work the case. I fell with unfilled prescription as suppliers have to know who will be paying out of my three health plans and the diagnosis listed is the accepted one at owcp. They have called ACS and gotten lied to. ACS is the ' third party?' Once, they were promised the file was being set up up a few years ago and it never was. Some of the call center ACS employees are aware they don't know what is going on, others have not been informed to tell the truth, that the file isn't set up so medical care will continue to be obstructed. That's not the terms of ACS's contract at all to discriminate and manipulate outcomes of claims decisions. Contract wouldn't be legal if it did.
I have suggested in the certified letters, to pay current wage loss since the reason for suspension was now officially set aside by your highest judges, that no other interested party, my agency nor you appealed. Then call Lincare and make it right for the lies to them that I'd received some humongous settlement that included the monies to pay them causing the monopoly oxygen supplier in my areas to cease service: another death panel decision. They of course want paid and the invoices are in the file and never processed. They bought out Health Connections and now have the contract with you and payments are not being made since the buy out.Arkansas Blues did pay, duplicate, for some of the months and continued to do so until Ill Blues took over in my area and decided to post erroneous info that no owcp exists and dumped the bills on to Medicare's contractor, Palmetta GBAwho balked at paying owcp's bills until Cigna took over and paid  the invoices they had ( many were destroyed by palmetto gba whose parent company has just bought cigna govt services out. ) They sent them to the recovery unit  who had sent out some collection letters to owcp in ' 05 and 07 and these were sent to you in '08 and ignored on other obvious bills.  I filed an appeal for an enforcement of the collection and the Medicare judges got the internal documents you can't seen to  be able to access. Its posted bi-weekly to the Medicare computer and no one is to alter it per Medicare's coordination of benefits a subsidiary of Group health , who maintains it for the entire country and all who have a Medicare card.  They are in violation continually of their US Dept of labor contract which adds to the obstruction and is engaged in a theft of the Medicare trust fund when all claims should be coded conditional payments and sent to owcp to collect the monies back and stop this on -going discrimination.
On 9/29.,2010, Judge Gilda Morrison, appellate judge on case m09.1406  upheld the two Administrative law Judges ruling that owcp and fed blues were primary to Medicare ; but ruled that owcp is to pay the oxygen bills, i.e. owcp needs to review all my bills first and either pay if for accepted conditions and then notify providers on others that the medical issues are pending for acceptance and to let fed blues and Medicare pay but code for a future decision and repayment to them should they be accepted. None of the constitutional and logical processes are occurring which puts my life at great risk and me paying out of pocket for life sustaining medical care with approval for life by owcp. and spending monies to file and refile papers that never get reviewed in defiance of judges remand after judges remand.
Ms. Davis and Ms. Stark are new to this case and when Lynn Blodgett, President and CEO of ACS came over to you with the letter I had sent him and published at washingtonpost.com to him in early '09; he ' neglected to inform you that his London Ky office was and had been refusing to set up my computer file. This is a real he said, she said but the result is my claims examiner is still being giving bits and pieces of a file and a manipulated result. No one should infer your letter of 3/28/2010 that this concerns any other issue but the 1996 schedule award, on which condition? and since you  apparently never read the 2/09 judges remand nor the many letters I' d sent requesting some system to reconstruct the facts of the case,i.e. the file; you obviously had everything withheld from you by ACS so that they now control judges and claims examiners and what they can do. This company could set up a $0 balance ATM card and ask the state of OK to maintain it for 2 years when no welfare benefits were due, but can't set up my life sustaining computer file for the US dept of labor.
As a result of a recent speech by Secretary of labor Hilda Solis, I filed a contract compliance complaint with the US dept of labor in Washington d.c and a civil rights complaint's against them and Medicare coordination of benefits for altering the official records continuously for a decade, both of which are the US dept of labor's contractors that have gravely discriminated against me and my right to live. Then, your letter arrives as a result of the filing? is this to be construed as a retaliations by ACS, for ' feeding you a few pages, again? Medicare coordination of benefits doesn't remove the owcp, they just got involved in a ' ricco' situation (US atty's words) where Trailblazers and others used phony Medicare claim numbers and altered diagnosis codes to circumvent the security, from the us dept of labor, on my real claim number that kicks back the bills as owcp's required they be processed as conditional payments and collection letters sent to owcp for repayment. Routinely ignored by ACS, this time passed on to you?
This is a reconsideration request AND a request for a system to be set up to present to you the documentation, etc and other matters that are pending before you , but withheld by your contractor which I now consider a retaliation as well as on -going discrimination.
ARE YOU REQUIRING ME TO SUE AFFILIATED COMPUTER SYSTEMS ON BEHALF OF THE US DEPT OF LABOR? If so, will your legal counsel fully cooperate and will you be fully cooperative in providing documentation and testimony and finances to do so so that the discrimination and retaliation will cease and my approved bills will be paid and other benefits paid as approved and receive fairness and justice in the deciding of any other items before you and anything that may need to be presented in the future?
                                                       Linda Joy Adams
                                                         22+ year struggle for life  on a non- controverted accepted, established case with permanent medical benefits under a laws  that was past to prevent deaths when these kinds of abuses of power and discrimination's occur. REMEMBER: my file was  feloniously ' riffled ' in the Dallas regional office that started this last 11 + year old life and death struggle.
                                   ACCIDENT REPORT:
The phone calls today to verify the on-going discrimination has had a terrible toil on my accepted medical conditions and rest is badly needed, but this request had to be filed as there is no assurance that anyone will take their responsibility to my life and files to assist. I can't go to London Ky and post the files myself having nether the skills or authority to do so without further physical injury and exacerbation's of my accepted conditions. The physical theraphy has made a new discovery of a related injury; the atrophy? of muscles surrounding the diapraham. Since 1/10/89, I can only breathe from the ' stomach' as 'chest breathing' is no longer possible due to the extensive damage from the orignal injury. Recently read that the method of breathing I use, along with 24/7 Oxygen, is  being widely accepted for this kind of injury. We no longer die in 5 years as my case proves. But every exacerbation reduces my longevity and its not fair and just for what is occurring to be happeinng, its illegal and discriminatory and unconstitutional.

Monday, March 28, 2011

violations of civil rights page 30: DOL,HHS,DOJ,OPM new documents not mailed or faxed

Various filings against named parties are the same parties in multiple agencies. It seem no agency  has any oversight control of their contractors and a handful of abusive high level officials. In some cases, wrong information left behind by prior officials seems to still be passed around as factual information.  The appellate judges at the US dept of labor said it best in 2/09: ask me for the facts of the case. So many files are ' missing' and no one seems to have a clue as tho what is occurring. What is happening is my life and livelihood  have been and are at constant risk because terms of contracts, the laws and judges are blatantly ignored. And the more time that passes, the bigger the back log of items to be processed so that all my bills are paid by the proper party in the proper amount.  ACS won't input  11 years of oxygen claims because they will be paid as they used to be. Politicians are made fun of for mentioning ' death panels.' Isn't this one? When my id and claims info were stolen by a contractor, why wasn't this shut down, or at least some official send me a letter that no liability against me or my estate would exist because the govt itself can't stop thefts by their own contractors , facilitated by Medicare coordination of benefits violating their contracts with CMS, and US Dept of Labor and altering the official filings, which the prior general counsel of OPM and US Dept of Labor officials said was accurate and not to be altered, yet ' everyone' could have it altered to cause harm and theft.
Why has no medical provider/supplier been allowed to know whom to bill for payment in a decade as when they try to find out , the very party that give out the wrong info are stealing, and having the official records altered so they can do so; when there is a legal option that give HHS the authority to straighten this out in a very short time by collections form the primary payers. Instead, HHS officials, ' disappear civil rights complaints, and make fun of me that I want medicare to enforce its own laws and go get the monies back from the responsible parties. How does one  'collect' from another agency's contractor who refuses to carry out the law. Why can't OPM control their own contractors, either?
Where is the protection of my official govt files, and information  in the custody of various officials and their contractors? They say, Congress won't let us! But no warnings are given to the contractors to shape up or you lose your contract.
Why the retaliation when I beg and plead for discrimination and disparate treatment to stop so that life and livelihood are in jeopardy.
For 22+ years, since injured, there has been no security on any got file. As soon as the law, judges, hearing officers orders get started to be carried out on a non- controverted, established case; the files disappear.  Even EEOC sanctions against HHS were ignored. Now the retaliations are even worse as i beg for justice.
The worse was then trying to wipe out 4 years of my life, when i tried over and over to work at great physical peril to my life which resulted in the EEOC sanctions; so that a billions landlord could renew his lucrative lease on a work site that didn't meet federal firs safety codes from the first day we reported to work in 7/88 and although our life-taking injuries  weren't from fire, ho knows what would have happened if locked doors could have been open to provide ventilation? In recent years, more employees have been injured as those responsibility for safety precautions seemed to ignore their duties to oversee those govt contractors. and land lords.
The intentional disappearance of four years of work and medical documentation resulted in loss of wage loss as officials could claims: you never returned to work in 1990, and you shouldn't have any benefits. This has been corrected  in appeals numerous times only to have the reviewed documentation- ' disappears ' in the custody of ACS. ACS was given the contract to assure the security of files that wasn't available in the Federal offices. The appellate judges decision of 2/09 affirming that I did return to work in 1990 and setting aside the erroneous decision   again, and again made no sense to the dallas regional office who had no idea that was the reason wage loss stopped. Yet the medical benefits never ceased due to a strong law passed in the '90's to prevent this kind of abuse of power putting injured federal workers lives in danger.
over 2 years later, no one has contacted me, except for the new regional office manager, to say her office computer file hadn't been updated since 1998. Why? when ACS is hired to treat everyone equally before the law and post all  files, even on  the ' older' ones. Others with 'older files' are getting their benefits,aren't they?
ACS , however, could spend OK taxpayers monies to set up $0 balance ATM cards for us when no monthly checks were obviously not due based on an all purpose form filed with our County in order to get a denial letter to prove I couldn't get help to pay part B medicare premiums. and a HIPPAA reaeust to prive that federal official s and contractors had used state monies to cause ' harrassment' based on false reports. As far as I know, they are still getting paid for the last 2 years to maintain them and state monies are still being spent under false pretenses at the behest of the offending parties when the state claims they can do nothing agiastt the fed govt' officials and their contractors.
The same parties, show up in discriminatory and disparate treatment in multiple places. Group Health has the subsidiaries of Medicare coordination of benefits, Medicare secondary payer recovery unit ( they ordered them to not collect after letters were sent to OWCP in '05, 07,08. and none to Fed Blues the other primary for myself and family who are caught up in this in trying to get medical care since qualifying for Medicare. And the fraudulent National Health insurance data base created by offending parties altering what the doctors sent in on claims and used too often for medical histories costing obstruction of even emergency medcial care and placing life in jeopardy more than once as it should be reliable if not for offenses by the parries in charge.
I have gone ' public' and several summaries of events are attached. Every medical service date starts a new round of violations.
My files are as complex and convoluted as the international conglomerates that we have named as offenders.
It appears only Sec of Labor Solis has addressed the issue and publicly encourgaged complaints of civil rights to be filed against  their contractors. Medicare's is part of HHS and they don't know where one can file a complaints, although their general counsel has said contractors can be investigated for civil rights violations, then why won't they do so in the Dallas region- which resulted in some high level regional officials being named in the complaints.
No one has gotten back to me and my family is still hauling oxygen tanks to the mfg and we are paying out of pocket so I can live, because of the direct lies and misinformation that has been spewed about and the discriminatory regulations that have created monopoly suppliers. ACS has continually lied to medical providers and inferred that I got some humongous settlement monies to pay everyone and Lincare  believed them over me and has created endangerment of life and horrible financiial hardship. Other medcial care is continually thwarted as payment is expected for services supplied within a resonable time.
I have no monies to pay to copy and mail. I've written and met every filing date on time. Only to have files and filings disappear, over and over. I am paying a flat rate for long distance and have a higher speed fax machine. You can't blame me for choosing to live and filing papers everywhere possible for enforcements of laws and jduges' rulings that they can't enforce. If govt contractors are going to run this country then all our elected officials might as well go home along with the civil service and big business will run things for profits and no civil rights will exist for any one of us that find themselves disabled, elderly, or a member of minority group. Only those able to be slaves for  profit for the few who amass more and more power and wealth will be allowed to eke out a meager existence at the whim of a few. That's not the Constitutional. rights our forefathers fought so hard to have for all of us. The inalienable right to live has been my foremost goal and that means having the best health care not obstructed and monies awarded paid to provide for myself and family  not be constantly interfered with. I tried to work at great peril with promised accommodations ignored and no right to work with the regional disability person to make sure i wasn't at physical risk.  The missing medical records how 4 years of one continuous asthma attack with constant derision and ridicule by superiors who only got worse as each co-worker lost their battle for life.  In 6/68 I chose to become a civil servant  and expected the dignity of the right of life and wages paid as agreed to by law and Congress. This has not occurred.

Wednesday, March 23, 2011

violations of civil rights page 28: Departmental appeals board and Miami Medicare hearing office.

Departmental Appeals Board, HHS for medicare and personnel matters: Miami Medicare hearing office.
Attached are pages  that explain what is on going since 9-29-2010 since the only final, formal decision has been rendered on a few claims paid by Cigna Govt services: Case M09-1406. It appears, the next case on the Trailblazers claims ended up in front to the judge with none of the file and none of the previous decisions) from the Miami medciare hearing office. There was no final decision as no appeal rights, etc. Also, what was re caped would be theft of the medciare trust fund if carried out. surely the judge would not be advocating that. After the first two ALJ decisions on  it seems files increasingly disappeared out of both the Appellate office and especially the Miami hearing office where the govt contractor ( ACS?) doesn't even docket in arrivals and attorneys all over the country are complaining to the staff about files not left intact. I'm doing the best i physically can to meet filing dates on a : death panel decision that has put my life in jeopardy and caused great physical and financial hardship in filing papers and appeals and intermediaries ignoring them. I've asked for an against equity and good conscience waiver of any overpayment liability but  its never answered at any level. There are several hearing requests pending in the Miami Hearing office and no formal answers to any appeals other than the first one. It seems that the letter sent from the Dallas CMS office by a high level official who has been instrumental in on-going violations was the source of the next letter, the only source. its documented she has; asked me to withdraw my federal workers comp claims so medciare could pay my bills, and has had the official line - up changed at medciare coordination of benefits in violation of their contract agreements to have security on an official records which three judges at CMS have affirmed and  9 judges at the US dept of labor. No one explains o medical billing personnel of the legal option of conditional payments which medciare is required by law to enforce even though a former Sec of HHS suspended enforcements and set up  ' contracts.' We've seen, according to some inside experts, over a trillion dollars of medciare truest fund used to pay bills that were never coded for recovery from the primary payers. MSPRC still doesn't seem to understand that they are to enforce the laws against existing primary payers and stop their shenanigans to get out of paying when the law, judges, and entitlements are approved for them to be the primary payers. The last three US dept of labor judges said in 2/09 : ask me for the facts of the case as they were well aware of the ongoing problems with their contractors and CMS's as gossip and rumors got passed around as facts. Most of my bills should be getting paid by OWCP, secondary /tertiary issues should be getting their initial review and appeals if needed to clarify issues. The request for scheduled award and permanent disability field in 1996 should have been approved long ago, but the substantial medical evidence is ' missing ' along with the entire case file at ACS and MSPRC doesn't even seem to know what my accepted medical conditions are listing a few musculoskeletal secondary claims only even after sending a detailed ( including the accepted occ asthma and other related accepted conditons) and lengthy recovery letters  in '05, 07 and 08 which were ignored. My official personnel file is missing and rank and file employees  can't seem to figure out my status which has not officially changed since going from HHS to owcp jurisdiction in 10/94. This was before any w-2' s were issued by SSA as an independent agency. I went to work1/10/89 and something terrible happened beyond by ability to control or stop.( others could have) I have an established , non- controverted case on my 1/10/89 and why all the violations? Three times I tried to work at great physical peril to my life with  EEOC sanctions against HHS-SSA for violations that are not enforceable against another federal agency.  Now, for profit contractors have taken over control of our govt programs and our civil rights have ' disappeared' along with all my files.

violations of civil rights page 26:redeterminations pending and reopen all and send to msprc

Wisconsin Physicians, part b intermediary, OK: ON 9/29/2009, the Deptmental appeals board issued a final decision; case M09-1406 that affirmed that, for Linda, OWCP gets claims first then, Fed blues is primary as the two ALJ decisions in '08 and 09 affirmed for any claims related to a pending secondary //tertiary issues with federal workers compensation.  You have yet to answer any of the redeterminations that have been filed with you , the first was for the '07 physical therapies and your notes indicated that you were intentially mis lead by govt officials and govt contractors and used a phony Medicare number to by pass the security on the system. All of our medical providers. suppliers have been treated such in violation of civil rights, and laws and entrapment  into violations over my persistent protests and filings. Some of the claims are now listed on MSPRC's on my Medicare .gov, which i was able to access for the first time yesterday , but won't say which of the 17 claims numbers it was posted under. I'm not aware that your company every did multiple thefts. ACS-Xerox still won't set up my computer file for OWCP so even initial items can be reviewed, etc. and bring it online with the official us dept of labor computer that shows the permanent medical benefits. However, Medicare coordination of benefits keeps posting the injury date wrong adding to more mass chaos . Ir 1/10/89. No bills for my accepted conditions are listed that Medicare and fed Blues have paid. ACS and ILL Blues took over in our area at the same time and immediately all claims got ' dumped ' onto Medicare in a very illegal manner.  Any claims from my husband and daughter are fed blues primary and Medicare secondary. Please reprocess and send ALL the claims you paid on me to MSPRC to list; as only a few are there. Please send me a response to my redeterminations requests that this has been done. Do you have a reconsideration contractor yet for OK? My request to your Vice Pres has never been answered. name and address please for future use, if needed.

violations of civil rights page 25: Cigna govt services Redetermination and penidng cliams and reopen all

Cigna Govt services: The DAB case - M09-1406 affirmed that Linda's oxygen claims were OWCP's yet MSPRC has not listed them on the conditional list on mymedciare.gov that you paid and did send to them and they sent out a letter to ACS, the US dept of labor contractor, jsut as they had on the claims they could locate using the national health ins data base for claims paid by other intermediaries such as Trailblazers who have refused for over a decade to code as a conditional pay for recovery.  The DAB affirmed that you have claims back to 8/1/00 still pending with you to process and pay conditionally as ACS has still not set my computer file, nor input 11 years if oxygen claims because: they would be paid as they were previously for life. When ILL Blues, who had been paying and duplicating some still being paid to the company Lincare bought, took over  OK and TX, NM at the same time ACS did for US dept of labor they proceeded to post false info that there was no owcp and convinced, in collusion with trailblazers, to ignore owcp and have Medicare pay. Your people stated that when you took over for palmetto GBA  in our area they refused to forward all pending claims and appeals,etc to you . The initial start date for you should be 8/1/00 for oxygen, the date of my entitlement to Part B and Lincare needs to be paid conditionally from then through 5/06, when acs lied to them making them think I'd gotten some huge settlement monies  that included their back pay and they stopped service. Rhema came and Lincare refused to turn over the owcp contract which they found out they still had and then All about mobility took over until Lincare became the monopoly due to a discriminatory CMS regulation, etc. Since then my son hauls tanks, and pays out of pocket and I've asked you for reimbursement but the " death panel' rules say that isn't possible and I need an answer as to why patients are left to die who have years of life in them with medical care?
Other supplies that have been paid by Palmetto GBA and others since you took over are for secondary/tertiary issues to the original accepted conditions at OWCP. Due to ACS refusing to set up my computer file and bring on line with the official US dept of labor one, these have yet to have an initial decision even though 6 judges and a hearing office pointed out they were in  the paper file which has disappeared.
Until Linda's 1996 pending request for permanent disability at owcp is processed, Doyle's and our daughter's primary payer is Federal blue cross.blue shield as one in considered an active employee until owcp decides  place them on permanent disability. There are claims on Doyle that are bing appealed and need to be sent to MSPRC for recovery from Federal Blues. Any claims on our daughter should be treated as such, too.
We are asking for a letter of waiver of any overpayment liability against us and our estates as its against equity and good conscience for such violations of laws, judges and govt contracts.

Tuesday, March 22, 2011

violations of civil rights page 22; msprc hiding accepted conditions?

AS of 1/10/89 my permanent accepted medical conditions for  Federal Workers Compensation are: occupational asthma ( sometimes called reactive airway dysfunction syndrome) traumatic onset. This also covers such medical conditions as copd, reactive airways, chemical induced asthma, toxic pneumonia, ABG needle sticks ( paid for in the past) , pulmonary hypertension, emphysema -mucous membrane burned off whole body with resultant kidney disease, heart disease, skin problems, chemical conjunctivitis, oxygen dependent and all the other conditions that have either been accepted and approved for payment or have been pending for initial review for over a decade with 15 judges and 2 hearing officers printing out that they were in file. Lincare is the monopoly compressed oxygen supplier ,refusing care and if they had not bought out Health connections and ACS needed to sign a new agreement they would have continued being paid as I discovered last year and filed a reconsideration that's never been seen due to ACS defying the appellate judges over and over. You sent out recovery letters to ACS in '05, 07 but your parent co refused to let you follow up. The Cigna gvt services sent you the paid O2 claims to collect, ignored. ACS has 11 years of O2 bills and refuses to input them as that will bring the ' dummy' file on line and my medical care would be paid and other initial reviews done on some items that go back to 1989. as I was approved for life. When Illinois blues took over in this area at the same time ACS did they proceeded to stop paying Lincare and posted that no owcp existed and all claims got ' dumped' onto Medicare and refused to turn over the medical necessity file that showed i was approved for life by them als, as with OWCP and then Medicare when cigna took over  as Palmetto GBA had years of invoices they refused to process and never passed on to Cigna. Hardship for my son to haul tanks and us pay out of pocket for me to survive this "death panel order' and that's exactly what it is. Medicare paid each claim 17 times back to 1/06 by Trailblazers. Are you going to recoup that money? Not one claim is listed for doctors/ suppliers for the accepted conditions? Why? Please, do use the date of injury of 1/10/89 as this misleads medical billing people who have been lied to by every party they have tried to get a straight answer out of for over a decade  and told to ignore, me, the judges ( last three said ask me for the facts of the case) and the law. Prior to '08, i was told some claims were paid under a pseudo number on many injury cases starting with a 9. None of this should be occurring. Doctors have tried to file as conditional payments only to be told not to or it was deleted off the claims. So everyone should be held harmless and given the benefits of the doubt in getting paid properly by the correct party. Also, there are some not sending in  for co- pays from part b Medicare not realizing that the deletion of Part B is an error and the hearing file has disappeared. I'm sending you a detailed statement that recaps that occurrence. You need to call Lincare and make things right with them and quit putting this Federal servant of 43 years in harms way because  someone wants to treat me with disparity and violate my civil rights on an established, non- controverted case. Thanks! Please call me for the facts of the case so more errors and  more chaos don't occur. Linda Joy Adams

Saturday, March 19, 2011

Violations of civil rights page 19: explanation of organization of filings

There are multiple offending parties named. many of these are the same for multiple filings with multiple partners plus they are interlocked with some of the other offending partners. Some call this a " shadow govt."  It is the govt's contractors who have been permitted to violate civil and human rights and break laws and in some blatant cases; steal the tax payers monies and creating overpayment liabilities against innocent parties who should be able to get  a letter of wavier for being ' against equity and good conscience' and not one based on hardship due to the fact that Congress has blocked anyone from stopping the violations, even forbidding internal audits anymore. When a govt tries to cancel a contract, they can be sued by the violating contractor unless there is strong proof. This recently occurred in Mn and the state lost. So far the only agency that seems to have an office of contract compliance compliant dept for the harmed person to file with is the US dept of Labor. General Counsel for Medicare and officials in the Justice dept have researched this out and we have a unique set of laws in our states and federal govt that allows for a civil rights investigator to do an internal 'audit'. We  are in the protected classes we, three,  are filing. Doyle @ Linda Joy Adams

Saturday, March 12, 2011

violations of civil rights page 16 Appeal to Federal Blue Cross/Blue Shield of ILLINOIS,TX,OK, NM

Attached are a recap summary of all claims back to 8/1/00 which are currently appealed or are new items received not paid correctly. All claims need to be referred first to federal workers compensation and your contact should be the regional office manager in Dallas, TX, not the non- compliantcontractor as to how this can be facilitated. New actions since your last, inaccurate decisions based on false and incomplete information. Remember you are alleging OPM' past director gave you one set of ' facts' and ACS, the paper controller and claims processor for US dept of labor, claims they were told an opposite set of 'facts' by that same director.  Trailblazers has been non cooperative with judges, etc. but Cigna Govt services did cooperate and the only Final decision was issued by Medicare's appellate judge on 9/29/2010 was based on the  internal documents that were withheld from you, even from the officials at OPM? , by that director. Federal workers comp gets claims first. Then you and last would be Medicare for any co- pays or deductibles on medical issues not yet reviewed or accepted  yet. All conditions accepted or filed on 1/10/89 injury . HIPPAA reqeust for written recap of who said what, when to solve. not yet answered.

violations of civil rights page 15 @ HIPPAA to Billing

Received attached bills and primaries not billed according to these? ACS-shows no record of claims, Fed Blues has been paying claims recently since ILL State AG and US atty went after them and got $25 million for  illegal "dumping" onto medciare which is what they did as soon as Ill Blues took over in TX and ACS took over for Federal workers comp. I advised  in writing for you to call Regional office manager in Dallas for OWCP as she called me recently unaware  of the continual problems that ACS had never set up my computer file and bring it on line with the Medicare computer that shows ( correctly) according to 7 federal judges that I have permanent owcp medical  and should always be billed first. Also past claims all have to be reworked. I'd written and asked your legal dept about a false claims against Trailblazers that paid ever claim k to 1/06,17 times.*Nee your exact claims as billed and what you got back( many got it back on a phony claim #). This is on past written HIPPAA requests and is amended to include these claims. I've e-mailed info to Ms Mabrey on this recently. Civil rights and contract compliance complaints are pending on the contractors. * you have access to other patients whom similar has occurred according to witnesses.

violations of civil rights page 14 (see attached) 100% coverage HIPPAA request from billing

These are 100% coverage under  my Federal Blue cross Blues shield contract. If you didn't code this that way then it would be federal workers compensations bills as claims are filed as secodnary issues for the permanently accepted conditions. I've advised you to call The Regional office manager in Dallas for federal workers compensation as to her progress in getting Affilitated Computer services to get my coumputer file set up in compliance with my permanet medcial beneftis at owcp that posts bi-weekly to the medciare computer and what to do with current and past claims after she called me recently.
Why is this preventative care?: Even though some injury related problems can ' show up on the tests'; these tests are well known to detect conditions that I don't have and catch them early such as breast cancer, etc. and are the reason that they are part of the preventative care contract with FEHB. Medicare always second.
HIPPAA REQUEST: I want copies of exact claims sent to OWCP, Federal Blues and Medicare and a written recap summary of why these tests were not billed under the preventative care. I don't see the claims listed on the ACS-billing system at owcp at all.  No response to request on  bills paid 17 times each by Medicare back to 1/1/06 and that you did not get the 16 extra pays. Refer to notices and requests to you.

Sunday, March 6, 2011

Violations of Civil Rights page 9( dear Doctor)

Illinois Blues ( our blues in TX, OK and NM) has just had to repay Illinois $25 million for similar tactics on claims there. This is an established case with  approved treatments well established since 1/10/89. I have taken you letter and bill and filed them with Federal workers compensation. Two months ago, the  new regional office manager called and said that wen she was contacted by Lynn Blodgett President and CEO of Affiliated Computer Services now a Xerox company he did not inform her that her office computer file had not been o=updated since 1998 and at that time actually documents were not scanned in but maintained in paper files. She wasn't even aware of numerous appellate judges' remand orders  as  ACS had never set the file up properly. In fact , in 2/09, the three judge appellate panels ruled: ask me for the facts of the case as they were well aware, no one at OWCP had a clue what was going on in my case due to routine ' disappearance of files. Theses ' disappearances in multiple agencies has been routine since 1/10/89 since I was injured.
Over 20 years ago, Medicare became the final authority on which health plan is the primary to Medicare. Ill Blues and Medicare's own contractors are in defiance of  their own judges. Insiders say there over a trillion dollars owed back to Medicare by primary payers. The more rulings and documentation, the more  my medical care gets obstructed by them.  Trailblazers began turning your claims into 17 ,started 8/08 on every claim back to 1/06. ( documented by 500 witnesses at 1-800 Medicare) by creating 15 phony Medicare claim numbers and using an illegal offline computer system hidden from the contract auditors. Congress has passed laws giving contractor criminal immunity. The investigators form the Justice dept and Medicare's general counsel can do nothing without Congressional action. Internal audits are also prohibited. Civil rights and contract compliance are available and  followed their advice and filed both. OPM has no contract compliance compliant process and they gave contract to Blues. Please don't stop this ' whistleblower's care.

Monday, February 14, 2011

Violations page 5: Dept of Labor Contractor Compliance/Civil Rights

Attached: Before filing with HHS- OHR right as covered also from with 3 Health plans; I got misled as DOL  said this wasn't covered by you. DOL  Deputy Sec  recently spoke to AFGE and indicated that that interpretation has changed along with the Justice dept and CMS. Attached is violations that cover only the last few days as a result of non- compliance with U.S Dept of Labor contractors.More coming. I physically can barely meet filing deadlines  but life and livelhood are at stake;  no choice if the choice is LIFE. To combat the false info and 'smear' campaign that is spewed out as facts' i'm been advised to blog. There are numerous summaries attached. I made one 'package' to file with numerous parties. The convoluted, interlocking contracts with multiple agencies allows offender(s) to manipulate the system and  harm from multiple entities. The highest judges at Medicare and US Dept of Labor have ruled. Until the contractors obey ( they won't and aren't) the merits can't be processed. This is not a complaint about the judges' orders; its the contractors  Obstructing the process in defiance. OWCP 's employees don't even know what the judges are ruling on when the file is not in order to refer to the decision they set aside on 2/09( they said to ask me for the facts) and should have resulted in reinstatement of wage loss and bills paid and other items being processed that have never have been as far back as '89 in some items. Current life sustaining medical care being obstructed. No RICCO would have occurred with Medicare's if DOL contracts obeyed.