Wednesday, March 16, 2011

What Medstar Surgical Fails to Acknowledge

Gerry, your attempts to explain the overwhelming problems with documentation issues with Medicare are not in vain. I understand them. The "small delay" you identified spanned more than five months! Gail Ferrentino-Walsh said the chair would be ready by October 2010. The lies began in September, as Gail's assistant, Janine Radice, told me on numerous occasions application had been made to Medicare. THE TRUTH IS, YOUR EMPLOYEES LIED REPEATEDLY OVER THE COURSE OF SEVERAL MONTHS! It was only after I threatened legal action while on the phone with Janine was any action taken. You took Gail and Janine off my case because even you could not trust them to act. How on earth is that the fault of Medicare issues?

Is there anyone at Medstar Surgical honest enough to take responsibility for the mistakes your company has made? Or are you callous enough to ignore the fact a disabled man has to bear the burden of your misdeeds?

Still no further word from St. Charles Hospital.

Medstar Surgical's Response

March 16, 2011

Mr. Marc Charest
256 Sebonac Road
Southhampton, NY 11968

Re: Wheelchair processed under the Medicare Program

Mr. Charest,

We have tried, in vain, to explain to you the overwhelming problems with the documentation issues with the Medicare Program in the procurement of a powered mobility device.
People just like you all over the country struggle everyday, sometimes for much longer periods of time than you, to get a new power mobility intervention.

We want you to have your chair. We are completely aware of the difference a properly designed device can have in your quality of life. The documentation burden put on suppliers, physicians and clinicians can, and has, caused untenable delays in the service delivery process. The problem remains with the system. Until that is corrected delays will continue.
Medstar identified a gap in our process tracking that caused a small delay and corrected it. We do not now, nor have we ever, been involved in lies or deceit, with you or any other entity we deal with.

The system that was approved by the ADMC process will result in a “no cost” to you. You have Medicare primary and Medicaid secondary to cover those costs
The power base, the power independent tilt, headrest and back that were specified in clinic are covered and approved.

The seat elevator, discussed in clinic, is never a covered item under Medicare. Now that we have the Medicare determination, we have submitted to Medicaid for a determination. Private payment is the only way for this to be included on your chair in the event of a denial from Medicaid

Items that were, or may be not covered, and there for not paid by your insurance can only be provided on a private pay basis. Items not covered or paid for privately will not be included on the new power chair.

We have the affirmative ADMC approval for your chair. Further processing is on hold until you decide the next course of action. As a point of information, to long of a delay in final delivery will render the ADMC approval invalid.

Gerry Dickerson
VP Rehab Technology
Medstar Surgical, Inc.
College Point, NY 11356

Thursday, March 10, 2011

Letter to Medstar Surgical and St. Charles Hospital

Marc E. Charest
256 Sebonac Road
Southampton, NY 11968
631-259-3828

March 9, 2011

Mr. Zeb Pirzada, CEO
Medstar Surgical and Breathing
15-40 128th Street
College Point, NY 11356
and
Mr. James O’Connor, CEO
St. Charles Hospital
200 Belle Terre Road
Port Jefferson, NY 11777

Re: New wheelchair.

Dear Sirs,
This week, the wheelchair I have been waiting nine months for has finally been approved. The delays were caused by errors, inaction or outright deceit by one or both of your corporations. I have been endeavoring for months simply trying to get someone to provide proper patient care. I have been more than flexible in trying to work with everyone.

The entire purpose of obtaining a new wheelchair was to provide a chair with better back and head support. My current chair is inadequate in this regard. I have endured several months of unnecessary neck and back pain while waiting for the chair that was promised to me by October 2010.

After again consulting with my attorney, I am offering a proposal to resolve this issue once and for all.

First, Medstar and St. Charles will provide, at no cost to me, the wheelchair as approved by Medicare.

Second, in addition to the power options discussed at the wheelchair clinic, I request the seatback also be motorized. In the nine months since my evaluation at the wheelchair clinic, my hands have weakened and I will be unable to operate the seatback angle manually in the very near future. The cost for this will also be borne by your corporations.

I will not compromise on the above proposal. Throughout this ordeal I have been offered nothing but excuses, finger-pointing and platitudes. As I have stated to several people involved, I will not back down.

If the above proposal is not accepted, I fully intend on filing suit to recover treble damages for the costs I have incurred repairing my old wheelchair and any out of pocket costs for my new wheelchair. I estimate this will amount to about $25,000. In addition, I will be seeking compensation for pain and suffering since October 2010 caused by the extended use of the inadequate chair I am using. I have no estimate for that.

I am eager to put this problem behind me, as my only desire is to be comfortable and independent in a wheelchair that works for me. Given all that has transpired and all I have endured, this is a more than reasonable proposal.

I look forward to your response.

Sincerely,


Marc Charest

What are Medstar Surgical and St. Charles Hospital thinking?

While getting my old wheelchair repaired last week, I spoke with the vendor regarding a new chair. I learned several surprising facts.

First, if I change vendors, I'll need a new evaluation from the wheelchair clinic. No vendor will accept a nine month old evaluation. I had to wait three months to get an appointment at the wheelchair clinic last year. That would put me in June, an entire year after I started this whole fiasco. And then the paperwork starts all over again!

Second, Medicare won't accept an evaluation more than three months old. So how the hell did Medstar Surgical get my nine month old information approved? Were these the dates Medstar and St. Charles' wheelchair clinic have been talking about recently with me on the phone? Have my medical records been changed to cover their asses?

Most frustrating through all this is dealing with the daily back and neck pain I have. The whole purpose of getting a new wheelchair was to have a chair that provided better back and head support. Nine months later, I'm still in the same crappy chair.

Could I have gone with another vendor at any time? Of course. But every time I called Medstar or St. Charles, I was told the paperwork was almost done and delivery was imminent. Changing vendors would waste time as far as I knew. They all did a spectacular job of stringing me along.

Medstar Surgical continues to fail to take responsibility for it's fraudulent actions in supplying my wheelchair. I suspect there will be more to the story too, once I see my full medical record and what was submitted to Medicare.

St. Charles Hospital I believe fails to see it's culpability in the substandard care I have received through the wheelchair clinic. Allowing the antics of Medstar to occur under their watch is foolhardy at best.

What is Medstar Surgical Hiding?

After my letters of February 25, I got a positive response from St. Charles Hospital. I spoke with Laura Beck, director of Patient Care Services (631-476-5606). She was very apologetic about what transpired and promised to help me get what I needed from Medstar. Amazingly however, I haven’t heard from her since.

Medstar, naturally, was absolutely no help. Gerry Dickerson is refusing to release any information regarding my file, claiming it contains proprietary information. How correspondence regarding my medical file could hurt Medstar is beyond me. What are they hiding?

The weekly updates promised by Zeb Pirzada, president of Medstar Surgical, never materialized either.

Monday, February 28, 2011

Letter to Medstar Surgical Looking for Someone to Step Up

February 25, 2011
Marc E. Charest
256 Sebonac Road
Southampton, NY 11968
631-259-3828

Mr. Zeb Pirzada, President
Medstar Surgical and Breathing
15-40 128th Street
College Point, NY 11356

Re: New wheelchair, loaner chair and repairs to my existing wheelchair.

Dear Mr. Pirzada,

I have attempted to resolve the problems I have with your company through phone calls, emails and even a website. Each time I believe we are making progress, someone goes back on their word.

During our phone conversations of February 11, you stated you would attempt to find me a loaner power chair. You agreed the repairs to my current wheelchair would not be needed had my new chair been provided in a timely manner.

Imagine my surprise when I received emails from Ruth Tiska and Gerry Dickerson stating there would be no loaner chair and Medstar could not assume responsibility for repairs to my wheelchair.

Since nobody at your company is willing to step up and resolve this problem, I am contacting Pride Mobility Products in an attempt to contact their representative, Rudy, something I mistakenly believed your company would do. I’d like to see if Rudy is willing to keep his word.

Please forward to me copies of any and all records and correspondence your company has in my file. I also need the full names of your salesperson Gail and her assistant Janine.

I have spent most of the month of February attempting to come to an amicable solution. It is apparent from the callous actions of you and your employees and the deceptive practices of your company I was wasting my time.
Sincerely,


Marc E. Charest

Cc:
Pride Mobility Products Corp.
St. Charles Hospital
-Mr. James O’Connor, Chief Medical Officer
-Dr. Craig Smested, Chief Medical Officer
-Dr. Jennifer Semel, Director Physical Medicine
-Mr. Dante Latorre, Vice President Care & Quality Management Services
The Joint Commission
-Incident #21408SCA-71532CMS
Congressman Timothy Bishop
News 12 Long Island

Letter to St. Charles Hospital re: Medstar Surgical's Misrepresentations

February 25, 2011
Marc E. Charest
256 Sebonac Road
Southampton, NY 11968
631-259-3828

Mr. James O’Connor, Chief Medical Officer
Dr. Craig Smested, Chief Medical Officer
Dr. Jennifer Semel, Director Physical Medicine
Mr. Dante Latorre, Vice President Care & Quality Management Services
St. Charles Hospital
200 Belle Terre Road
Port Jefferson, NY 11777

Re: Wheelchair clinic and Medstar Surgical.

Dear Sirs & Madams,

On or about August 11, 2010, I was at St. Charles’ wheelchair clinic being fitted for a new power wheelchair. Present was your physical therapist Lauren, a representative of Pride Mobility Products, Rudy, and a salesperson from Medstar Surgical and Breathing, Gail. At the time I was under the impression Gail worked at the wheelchair clinic. Unfortunately, I do not know any of their last names.

While at the clinic, Gail and Rudy stated to me a loaner power chair would be available should I need it.

In the intervening six months, Gail, her assistant Janine and others from Medstar Surgical have misled me regarding the status of the application to Medicare for my new wheelchair. I was told at various times since August that application had been made, they were waiting for paperwork from the wheelchair clinic, or other excuses. I was told at various times the chair would be ready in October, November and then January. As each deadline passed I was the one that had to initiate contact with Medstar for a status update. And, suspiciously, each time I called there arose a new paperwork problem just prior to my phone call.

I left a message asking for an update from Medstar on February 1, 2011. I expected imminent delivery of my wheelchair. On February 8, 2011, six months after my visit to the wheelchair clinic, I contacted Medstar for a status update and found they had still not made application to Medicare. Again, they requested more information from the wheelchair clinic. After I read Medstar the riot act, made numerous other phone calls and even started a blog to pressure Medstar, (www.medstar-lies.blogspot.com) Medstar has supposedly made application to Medicare on or about February 16, 2011. However I do not have any proof they have made application.

I am quite aware that it is difficult to get complex medical equipment approved by Medicare. But Medstar’s delays have put me in an untenable situation. I have a wheelchair that needs new tires, new batteries, a new armrest and repairs to at least one motor. It’s failure is imminent. Medicare and Medicaid will not pay for these repairs, estimated at $1,200, and I cannot afford to pay for them.

By Medstar’s own admission, they have made numerous mistakes. In conversations with Zeb Pirzada, president of Medstar on February 11, he agreed to look for a power loaner chair for me while I wait for a new chair. He also agreed the repairs my current chair needs would not have been necessary had my new chair been provided in a timely manner. This week, I received an email from Gerry Dickerson, Medstar’s director of rehab stating no loaner chair was forthcoming nor would they accept responsibility for repairs. Mr. Pirzada is now unavailable for a response.

Given the callous nature of Medstar’s personnel and their deceptive business practices, I have several questions for your organization:

1- Can St. Charles please act on my behalf to encourage Medstar to provide the promised loaner wheelchair or repair my current chair and ensure their performance in providing me a new wheelchair?

2- What actions will St. Charles take to prevent Medstar from taking advantage of other patients?

3- Is St. Charles prepared to take responsibility for the substandard care I have received through the wheelchair clinic?

I rely on my wheelchair for independence and safety. I am alone a large portion of the day and the inadequate chair I am in now jeopardizes my well being.

Please provide me with copies of any and all documents and correspondence in my file. I look forward to your response to the above.

Sincerely,


Marc E.. Charest

Cc:
Zeb Pirzada, President, Medstar Surgical
Pride Mobility Products Corp.
The Joint Commission
-Incident #21408SCA-71532CMS
Congressman Timothy Bishop
News 12 Long Island