Accessing HBOT forever.

[Guest guest]

>Sorry for grumping, it is so irritating not to be allowed to have

the only treatment proved to work.

Joanne,

There are a couple of angles here that we can all pursue if we all

pursue this en masse. We could quite possibly turn this whole HBOT

thing around in six months--or less--if all 1200+ members of the

listserv did this together.

First, do you have something in writing from that clinic?

If not, make the request again--in writing--not in person. Don't

worry about any documents beyond an MD's Rx. That's all you need.

Make the request in writing at every hospital within a 200-mile

radius of where you live. Don't give them your email address or phone

number in the letter. Just give them your mailing address. Don't give

them a fax number either.

You want them to write you back at your address with a letter of

denial on the hospital's letterhead.

1. Denial of filling a prescription for off-label HBOT is a huge,

huge violation of your civil rights.

2. It's also a direct violation of the Americans with Disabilities Act.

I hate to sound like a broken record, but surely by now you and other

members know how the EPSDT statute works. While it's

for whatever is " necessary to correct or ameliorate " a child's

physical or mental illness, the Federal law governing every agency of

the US Dept of Health and Human Services bans denial of services

based on (a) diagnosis or disability and ( age.

If a child can get off-label HBOT via the HHS-member agency called

Medicaid, then also HHS-member agency called Medicare's denial of

your Rx for off-label HBOT is a violation of your civil rights as

defined by HHS at the HHS Office of Civil Rights web page. See http://

www.hhs.gov/ocr . It's a slam dunk.

The very existence of http://www.cms.hhs.gov/transmittals/Downloads/

r164cim.pdf is an OCR violation in and of itself, but HHS won't force

Medicare to revise its policy if nobody every complains

It's also a direct violation of ADA since Medicare and every

insurance company pays for 14 hypoxic-ischemic conditions including

three hypoxic-ischemic brain-injuries: Air Embolism, Decompression

Sickness, and Carbon Monoxide poisoning. This is another slam dunk,

but we have to pursue it, and the way to pursue this is with

documentation.

I've already spoken at length with an OCR lawyer at HHS, and I've

spoke with an ADA lawyer at the US Dept of Justice. They both were

dumbfounded by the very existence of http://www.cms.hhs.gov/

transmittals/Downloads/r164cim.pdf and both used the term " slam dunk. "

But we have to gather the documentation. We have to ask and get the

denials.

So let's ask. En masse. Let's see how many denial letters we can

gather by July 1, 2008.

Who's game?

[ ] HBOT in hospital based chambers

>

>Gosh Marguerite,

>at first I thought you were speaking of a new hospital based center

not far from me, which I thought for sure was an answer to prayer.

They too opened in January and they also are only 'set up' to treat

wounds.

>

>Here is the problem, I have a wound, a whopper of a wound. Prior

to going through all of the 'hoops' of referrals, etc. I first wanted

to know if they would accept me and be willing to treat me at 1.5

ata/ 60 min rather than 2.0 ata/ 90min (wound protocol) due to my

neurological condition. I tried my best to politely explain my

request. I even had documents to back it up. It did not go well and

I ended up crying all the way home.

>

> At one point I was asked if I even had a wound! I was also told

they would not commit medicare fraud, etc., etc.. To this day I

don't know how they came up with that. Anyway, needless to say, I am

not a patient of their wound care clinic.

>

>All they have to do is let me out sooner and not send me down as

deep. It isn't a big deal... for them. However, for me it may have

helped my non-healing surgical wound and I KNOW it would have helped

my dystonia as it has in the past.

>

>Sorry for grumping, it is so irritating not to be allowed to have

the only treatment proved to work.

>Joanne

>

>

>

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