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FOr your eyes only, john. Terrible time 4warding. 1 more time. .. the due process is harder

From:nancybk@aol.com To: john.podesta@gmail.com CC: jadler@adleradr.com, eackel@lafla.org Date: 2012-08-30 03:27 Subject: FOr your eyes only, john. Terrible time 4warding. 1 more time. .. the due process is harder

Good to hear you today, John. Here is letter. -- nancy ----- I am happy to talk to them. I can talk to them any time. better to call late in the day. There are two lawsuits and I want to do both in one law suit. I have to convince others that this is the right thing to do because it was so much more work. The due process claims are egregious but they have already screwed all the recipients. If there are 100 horses in the barn, 98 or 99 are out of the barn and they have been shot in the meadow. For the second and most important law suit there is a smoking gun. I want to do both of together. But it is killing me. The state is intentionally using the wrong standard in screening the exemption cases. They state is using a standard that is stringent and which has not been in effect since 2000. Unfortunately they have special judges hearing these cases and DHCS ha convinced them to review these cases with the wrong standard. This is not incompetence but a purposeful and illegal plan that has hurt a lot of people but the second lawsuit will put them all back on fee for service Medi-cal just as the court did in Lopez v. Heckler in the early 1980’s. Javier Portela, courtney Nakayama and Jane Ogle know what they are doing is wrong and they did not care. Jane Ogle like Javier claim they do not have to obey the new law regarding aid paid pending. This is intentional wrongdoing. You asked me what you could do to protect yourself. One is to get the provision repealed that DHCS can make changes without going through the regulatory process. It says they just have to go to the legislative budget committees and the stakeholders but this is not enough protection. Of course they have not done that her because everyone just wrote letters and did nothing. That time is over. These people all have to be fired because they knew what they were doing was illegal. They also purposely underfunded the HCO and ombudsman office and changed their duties to be hatchet men for DHCS rather than a source of help for the victims Nancy this is totally wearing me out. But it is the worst thing I have seen in my 40 years as an attorney. These people in DHCS are very bad people. Something should have been done on the front end and not leave it to the old folks like me to clean this up at the back end. Also the DHCS are so full of themselves and think they are above observing the law and have tried to crush the clients I have represented. I came late to the party because we did not start to get people with good facts until April of this year and that was the total end of things. We have told them once, twice and three times and their solution is a work group which is totally ridiculous.. So now that I have figured out the nature of the widespread abuse, they have screwed all the disabled people seeking exemptions. While I will talk to the press, this is not a one or two day story. They will have to read a lot of information to figure out the extent of the wrongdoing. But it is easy to explain that DHCS has purposely applied a far more stringent standard than allowed by law or regulations so they could deny more claims. Also I am too jaded at this point to believe that than any of their figures or data are valid. I do not know when the lawsuit will be filed. It will be filed next month. It will be filed later if the “wrong standard’ issue is added to the suit but I think this is essential. WE can give you a heads up several days to a week before we file. I am extremely disappointed in LA care because they just subcontracted with other plan and are not a public option. People shoved into these plans have their medicines discontinued without warning or notice even when all the other alternatives have been tried. A patient who had 70% of the cancer removed from her brain had her pain medications denied without no notice. The cancer patients and those that have been disabled since children are having the hardest time. Also the folks cannot get timely appoints with the primary physician even if the enrollment has disrupted one’s cancer therapy. Another stage 4 cancer patient was defaulted into a plan without any written notice her exemption was denied right before she was scheduled to have her breast removed. So we are not talking about moral people. I am for capital punishment or at least putting people in stocks for transgressions like this. Carol Liu, Holly Mitchell and Rod Wright are interested. Carol Liu is the most interested. Her chief of staff in sacto is very good and the director of the local office is very emphathetic. Elena Ackel5228 Whittier BlvdLos Angeles, Ca. 90022213-640-3927213-640-3911 fax