Saturday, May 10, 2014

Aldona Vos, and the Letter. Unreasonable, you be the judge!

It has been over two weeks since my letter to Dr. Aldona Vos, Secretary of the NCDHHS. I have still not received a reply. The same letter was sent to Governor Pat McCrory, Kathleen Sebelius and members of Congress. I have not received a reply from anyone. As a citizen of the United States and a Taxpayer, I should at least be entitled to a response.
This is routine when dealing with politicians, the first contact you will get a letter thanking you for your concern. Then the letter will tell you about all the fascinating things the politician has done, and how great they are. Then they will close with, " If I can be of any further assistance, please feel free to contact me ". They fail to even specify what you have written about.  I received similar letters from almost everyone that I have reached out to, including the President.
Rather than writing what I asked for in the letter I am going to post it below. Are the requests I make unreasonable, you be the judge.

April 20, 2014
Dr. Aldona Vos
Secretary NCDHHS
2001 Mail Service Center
Raleigh, NC 27699-2001

 
Dear Secretary Vos:
I am writing to ask for your assistance in obtaining information from the NCDHSR. I am trying to get clarification concerning an investigation conducted as a result of a complaint I filed. Twice I have written to Beverly Speroff, Division Chief of the NCDHSR, and been denied.

 Complaints were filed by my brother and I concerning the care our mother received at Hendersonville Health and Rehabilitation. The NCDHSR investigation was conducted on January 18 and 19 of 2011. Results of the investigation found no deficiencies. We had obtained a copy of mom’s medical records and found several issues that should have been addressed. After receiving the results, we met with Gail Maloney, who was then the Western Regional Director of the NCDHSR. Ms. Maloney was presented with a list of concerns we had with the records. The number of inaccuracies contained in the records was overwhelming.

One of the main issues was a nurse’s note concerning a fall; the note was a late entry and was written a month after the fall occurred. We obtained a written notarized statement from the patient that was in the other bed at the time. The roommate’s statement was quite different from one given in the “late entry” nurse’s note. Mom had undergone a craniotomy in September of 2011. She had been admitted to Hendersonville Health October 19, 2011 for physical and occupational rehabilitation. According to the records, she had reached her goals and was ready to be discharged on November 3, 2011. That morning she was found not breathing and without a pulse; she died a little before six am.

At the suggestion of Ms. Maloney, I filed a foia request of the results of the investigation. I did not receive the results from the foia until June 10, 2013. The documents from the investigation and the so called administrative review are full of inaccuracies and false information. The packet contains three different letters written by the doctor that conducted the review. Not one of the letters contains an accurate account of what is contained in the investigation documents. The lead investigator’s summary contains several conflicting statements; one concerning the fall mom sustained.

All I am asking for is clarification of what is contained in the investigation documents. If there are other pages proving what is stated, they are not in the report. As a United States citizen and a tax paying resident of the State of North Carolina, I should be entitled to the information I am requesting. I am not asking for a citation to be written against Hendersonville Health and Rehabilitation but my goal is to call attention to a possible flaw in the investigation process. This is extremely important because these investigations result in the licensing and certification of nursing homes. The results are also posted on Medicare.gov to be used as a tool by citizens trying to choose a nursing home.

Since the beginning of my involvement with the NCDHSR, I have been treated in an adversarial manner. I would question if this is not in some way a violation of Title 18, U.S.C., Section 242. If the report contains false information, I believe that it is a violation of Title 42 U.S. Code § 1320a–7b.

I would ask that Ms. Speroff reconsider my request, however according to her this matter is closed. As the Secretary of the NCDHHS, I would hope you would be concerned if the NCDHSR is denying the public representation. I would also assume that other statutes would be violated if the actions, or lack of action on the part of the NCDHSR, result in the loss of human life.

Thank you for your consideration.

Sincerely,

 
cc:

Beverley Speroff
Kathleen Sebelius
Governor Pat McCrory
Alfreda Walker CMS
Norma Elder NCI Advancemed
Joann Quarles QIO

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