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  <title>Open Congress : Comments on Sen. Joseph Biden [D, DE]</title>
  <link href="http://www.opencongress.org/comments/atom/person/300008" rel="self"/>
  <updated>2008-11-07T11:44:26Z</updated>
  <author>
    <name>opencongress.org</name>
  </author>
  <id>tag:opencongress.org,2007:/person/comments/300008</id>
  <entry>
    <title>New comment by Anonymous</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-11-07T11:44:26Z</updated>
    <id>tag:opencongress.org,2008-11-07:/comment/57308</id>
    <author>
      <name>Anonymous</name>
    </author>
    <content type="html">
*** THIS IS ONLY THE TIP OF THE ICEBERG OF INJUSTICES BEING INFLICTED ON OUR POORER AMERICAN'S IN A UNDERFUNDED JUDICIAL SYSTEM THAT NEEDS...C*H*A*N*G*E.......

**** GOD'S HAND IS INVOLVED IN THIS ONE ****
WHEN THIS HORROR IS PROVEN TO BE A TRUE EVENT AFFECTING THE POSSIBLE ENSLAVEMENT OF 2,500 POORER AMERICAN'S, THEN ALL OF AMERICA WILL BE AWARE THAT THIS SAME EXACT TREATMENT OF OUR POORER CITIZENS NEEDS A FORMAL US CONGRESSIONAL AND JUSTICE DEPARTMENT INVESTIGATION NATIONWIDE !!!


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Posted on October 31, 2008 by Gideon
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I&#8217;m a little late on writing about this story (via several sources), but it sure is a doozy.

You know how it&#8217;s common knowlege that most appeals aren&#8217;t successful? Well, if you were a pro-se petitioner in Louisiana for the last 13 years, you knew that you wouldn&#8217;t win. Why is that? Because the Chief Judge of their Court of Appeals directed his clerk to summarily deny all appeals from pro-se petitioners without circulating the appeal to other judges.

The clerk, ridden with guilt, committed suicide earlier this year and left a note confessing everything.

This immoral and apparently illegal policy was in place until Jerrold Peterson, the staffer charged with implementing it, blew his brains out in May of last year. Peterson was driven to it in part, his suicide note suggested, by guilt over the nefarious tasks the judges made him perform.

In his note Peterson explained how the court gave indigent appellants the bum&#8217;s rush.

Although every criminal writ application is supposed to be reviewed by three judges, he was deputed to winnow out any that had been filed pro se and arrange for their automatic rejection.

Thus were an estimated 2,500 appeals deep-sixed without any judicial consideration whatsoever.

Now, facing public embarassment and possible ethical violations, the Louisiana Supreme Court has stepped in and asked&#8230;get this&#8230;the same appellate court to look at the appeals again. Note that they did not ask the Court to conduct an investigation into this practice, but simply to consider those appeals that were so summarily denied.

Because, if we placate the defendants with another cursory look at their appeals, we can sweep the ethical violations under the carpet.

At first this whole thing seemed rather odd to me. After all, how is this even possible? Here&#8217;s how:

Edward Dufresne, Chief Judge of the Fifth Circuit, took charge of pro se appeals in 1994. He then had Peterson prepare rulings denying writs for all of them and signed off &#8220;without so much as a glance,&#8221; according to the suicide note. &#8220;No judge ever saw the writ application before the ruling was prepared by me,&#8221; Peterson wrote in a second suicide note to the Judiciary Commission.

The rulings also bore the names, though not the signatures, of judges Marion Edwards and Wally Rothschild. Neither Edwards nor Rothschild had any clue as to what was in the applications, or even knew that they had been filed, according to Peterson.

So you&#8217;ve got one complicit judge and maybe three. But there are 5 more on that court. What of them? Are we to really believe that these 5 (or 7) other judges never once questioned the stark absence of pro-se appeals? Particularly in Louisiana, whose system has the following characteristics:

* About 90 percent of criminal defendants in Louisiana are indigent.
* Louisiana only provides post-conviction legal aid in death penalty cases. Everyone else must either hire a lawyer, find a lawyer to handle their case pro bono, or handle the appeal themselves. Obviously, most have no choice but to opt for the latter.
* One criminal defense lawyer in Louisiana told me that if you&#8217;re convicted of murder in Louisiana and you&#8217;re innocent, you&#8217;re actually better off getting the death penalty. At least then you&#8217;ll get a team of lawyers, investigators, and experts to help with your appeal.

This from a state whose criminal justice system was already crumbling. It&#8217;s hard to believe that people such as Judge Dufresne take an oath to uphold the law and to prove equal protection under it. Disbarment may be enough, but only barely.
Justice delayed is no justice at all.
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THE SMOKING GUN LINK TO AMERICA'S JUDICIAL INJUSTICES BEING INFLICTED ON POORER AMERICAN'S !

*********************************************************** http://www.nola.com/timespic/stories/index.ssf?/base/news-0/1223616107256210.xml&amp;coll=1
************************************************************
lawyersforpooramericans@yahoo.com (424-247-2013)    </content>
  </entry>
  <entry>
    <title>New comment by Anonymous</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-10-29T13:18:32Z</updated>
    <id>tag:opencongress.org,2008-10-29:/comment/55147</id>
    <author>
      <name>Anonymous</name>
    </author>
    <content type="html">
TROY DAVIS,PLEASE REMEMBER THAT AMERICA IS NOT THE OLD SOUTH ~ AFRICA !!!


A $TATE ECONOMIC BOYCOTT OF GEORGIA INTERNATIONALLY WILL OBVIOU$LY BE THE END RE$ULT OF GEORGIA DECIDING TO MURDER A PO$$IBLE INNOCENT TROY DAVI$ WITHOUT A NEW AND FAIR TRIAL ?


US CONGRESSIONAL MEMBERS WHO ARE ALSO LAWYERS BY TRADE, CONTINUE TO DENY poorer AMERICAN'S PROPER LEGAL REPRESENTATION !!!

THE INTERNATIONAL COMMUNITY NEEDS TO BEGIN A FORMAL INVESTIGATION INTO THESE US CONGRESSIONAL CRIMES AGAINST HUMANITY, AND HUMAN RIGHTS VIOLATIONS BEING INFLICTED ON poorer AMERICAN'S LIKE MR.TROY DAVIS OF GEORGIA !!!

HAVING BEEN DENIED APPEAL LAWYERS FOR THREE YEARS ON DEATH ROW IN GEORGIA MR. TROY DAVIS IS NOW BEING EXECUTED FOR A CRIME HE MIGHT NOT HAVE EVEN BEEN INVOLVED WITH !!!

SENATOR OBAMA PLEASE LET THIS COUNTRIES VOTERS KNOW YOUR FEELINGS AND THOUGHTS ABOUT A NEEDED FUTURE REPAIR AND RENOVATION OF OUR BROKEN JUDICIAL SYSTEM THAT CONTINUES TO ALLOW THE EXECUTION'S OF EVEN POSSIBLE INNOCENT AMERICAN&#8217;S LIKE TROY DAVIS OF GEORGIA ?????

BEING THE WEALTHIEST COUNTRY IN THE WORLD SENATOR OBAMA, DON'T WE NEED AS THE LEADERS OF THE FREE WORLD TO BEGIN ONCE AGAIN TO RE-INVEST THE PROPER MONIE$ IN OUR OWN US JUDICIAL SYSTEM, ASSURING ALL OF OUR CITIZENS THEIR RIGHTS TO FAIR TRIALS WITH PROPER LEGAL REPRESENTATION ???

DOES GOD NEED TO LOBBY OUR US CONGRESSIONAL LEADERS OF THE FREE WORLD ON BEHALF OF OUR poorer american&#8217;s SENATOR OBAMA,OR ARE YOU WATCHING OUT FOR THEM ??

***OUR US CONGRESS CONTINUES TO DENY MIDDLE CLASS AND WORKING POOR AMERICANS PROPER LEGAL REPRESENTATION EVEN THOUGH WRONGFUL EXECUTIONS &amp; FALSE INCARCERATIONS CONTINUE ALL ACROSS AMERICA ???

*** 700 BILLION $$$ AVAILABLE FOR US BAILOUT, &amp; NO $$$ FOR ALL POORER AMERICANS PROPER LEGAL REPRESENTATION ? SENATOR OBAMA, THIS JUDICIAL INJUSTICE HAS BECOME AN AMERICAN ART FORM, AND NO LONGER CAN BE KEPT HIDDEN OR SECRET FROM THE AMERICAN PEOPLE EVEN IF CERTAIN (501c3) U$ RELIGIOU$ LEADER$ HAVE BEEN $ILENCED ??

LETS ALL HOPE OUR MEDIA FRIENDS CONTINUE TO SHOW AN INTEREST IN REPORTING ON THIS AMERICAN HORROR FACING THESE (TENS OF THOUSANDS) FORGOTTEN AND TRAPPED POORER AMERICANS, AND HOW THIS PRESIDENTIAL CONTENDER HANDLES THIS VERY SERIOUS ISSUE FACING AMERICA&#8217;S LATINO AND BLACK AMERICAN COMMUNITIES ????

WITH 80% OF THE BLACK AMERICAN VOTERS SAYING THEY SUPPORT SENATOR OBAMA IN THIS PRESIDENTIAL ELECTION, IT IS ONLY FAIR FOR EVERYONE TO KNOW PRIOR BEING ELECTED OUR NEXT PRESIDENT OF THE UNITED STATES HOW THIS DEMOCRATIC SENATOR TRULY FEELS ABOUT THIS AMERICAN JUDICIAL INJUSTICE CONTINUING TO INFLICT GRAVE HARM ON THE BLACK &amp; LATINO AMERICAN FAMILIES AND THEIR COMMUNITIES NATIONWIDE ??????

*** WHEN GOD&#8217;S FACE BECAME VERY RED *** THE US SUPREME COURT GAVE ENEMY COMBATANTS FEDERAL APPEAL HC RIGHTS LAWYERS AND PROPER ACCESS TO US FEDERAL COURTS,AND POORER AMERICANS (MANY EVEN ON DEATH ROW) ARE DENIED PROPER FEDERAL APPEAL LEGAL REPRESENTATION TO OUR US FEDERAL COURTS OF APPEAL, AND ROTTING IN AMERICAN PRISONS NATIONWIDE ?????????

**** INNOCENT AMERICANS ARE DENIED REAL HC RIGHTS WITH THEIR FEDERAL APPEALS ! THE AMERICAN PEOPLE ARE $LOWLY FINDING OUT HOW EA$Y IT I$ FOR MIDDLE CLA$$ AND WORKING POOR AMERICAN$ TO FALL VICTIM TO OUR U$ MONETARY JUDICIAL $Y$TEM.

****WHEN THE US INNOCENT WERE ABANDONED BY THE GUILTY **** The prison experts have reported that there are 100,000 innocent Americans currently being falsely imprisoned along with the 2,300,000 total US prison population nationwide.

***WHERE ARE AMERICA'S RELIGIOUS LEADERS ??????? Since our US Congress has never afforded poor prison inmates federal appeal legal counsel for their federal retrials,they have effectively closed the doors on these tens of thousands of innocent citizens ever being capable of possibly exonerating themselves to regain their freedom through being granted new retrials.

This same exact unjust situation was happening in our Southern States when poor and mostly uneducated Black Americans were being falsely imprisoned for endless decades without the needed educational skills to properly submit their own written federal trial appeals.

This devious and deceptive judicial process of making our poor and innocent prison inmates formulate and write their own federal appeal legal cases for possible retrials on their state criminal cases,is still in effect today even though everyone in our US judicial system knows that without proper legal representation, these tens of thousands of innocent prison inmates will be denied their rightful opportunities of ever being granted new trials from our federal appeal judges!!

Sadly, the true US *legal* Federal Appeal situation that occurs when any of our uneducated American prison inmates are forced to attempt to submit their own written Federal Appeals (from our prisons nationwide) without the assistance of proper legal counsel, is that they all are in reality being denied their legitimate rights for Habeas Corpus with our US FEDERAL COURTS and will win any future Supreme Court Case concerning this injustice!

For our judicial system and our US Congressional Leaders Of The Free World to continue to pretend that this is a real and fair opportunity for our American Middle Class and Working Poor Citizens, only delays the very needed future change of Federal Financing of all these Federal appeals becoming a normal formula of Our American judicial system.

It was not so very long ago that Public Defenders became a Reality in this country.Prior that legal reality taking place, their were also some who thought giving anyone charged with a crime a free lawyer was a waste of taxpayers $$.

This FACADE and HORROR of our Federal Appeal proce$$ is not worthy of the Greatest Country In The World! ***GREAT SOCIETIES THAT DO NOT PROTECT EVEN THEIR INNOCENT, BECOME THE GUILTY !

A MUST READ ABOUT AMERICAN INJUSTICE:
1) YAHOO 2) GOOGLE
(MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM.)
** A JUDICIAL RIDE OF ONES LIFE !

***Someone please tell our US Congress that the GED degree that Manny Gonzales acquired in prison is not a LAW DEGREE !!!!!!

lawyersforpooramericans@yahoo.com (424-247-2013)

Posted by: DOUGLAS FIELD | Oct 28, 2008 9:09:35 PM    </content>
  </entry>
  <entry>
    <title>New comment by DOUGLASFIELD</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-10-19T16:14:22Z</updated>
    <id>tag:opencongress.org,2008-10-19:/comment/51204</id>
    <author>
      <name>DOUGLASFIELD</name>
    </author>
    <content type="html">
WHAT IF OUR US CONGRESS COULD CARE LESS ABOUT OFFERING JUSTICE TO OUR POORER AMERICANS ???


SENATOR OBAMA PLEASE LET THIS COUNTRIES VOTERS KNOW YOUR FEELINGS AND THOUGHTS ABOUT A NEEDED FUTURE REPAIR AND RENOVATION OF OUR BROKEN JUDICIAL SYSTEM THAT CONTINUES TO ALLOW THE EXECUTION'S OF EVEN POSSIBLE INNOCENT AMERICAN&#8217;S LIKE TROY DAVIS OF GEORGIA ?????

BEING THE WEALTHIEST COUNTRY IN THE WORLD SENATOR OBAMA, DON'T WE NEED AS THE LEADERS OF THE FREE WORLD TO BEGIN ONCE AGAIN TO RE-INVEST THE PROPER MONIE$ IN OUR OWN US JUDICIAL SYSTEM, ASSURING ALL OF OUR CITIZENS THEIR RIGHTS TO FAIR TRIALS WITH PROPER LEGAL REPRESENTATION ???

DOES GOD NEED TO LOBBY OUR US CONGRESSIONAL LEADERS OF THE FREE WORLD ON BEHALF OF OUR poorer american&#8217;s SENATOR OBAMA,OR ARE YOU WATCHING OUT FOR THEM ?? ***OUR US CONGRESS CONTINUES TO DENY MIDDLE CLASS AND WORKING POOR AMERICANS PROPER LEGAL REPRESENTATION EVEN THOUGH WRONGFUL EXECUTIONS &amp; FALSE INCARCERATIONS CONTINUE ALL ACROSS AMERICA ???

*** 700 BILLION $$$ AVAILABLE FOR US BAILOUT, &amp; NO $$$ FOR ALL POORER AMERICANS PROPER LEGAL REPRESENTATION ?
SENATOR OBAMA, THIS JUDICIAL INJUSTICE HAS BECOME AN AMERICAN ART FORM, AND NO LONGER CAN BE KEPT HIDDEN OR SECRET FROM THE AMERICAN PEOPLE EVEN IF CERTAIN (501c3) U$ RELIGIOU$ LEADER$ HAVE BEEN $ILENCED ??

LETS ALL HOPE OUR MEDIA FRIENDS CONTINUE TO SHOW AN INTEREST IN REPORTING ON THIS AMERICAN HORROR FACING THESE (TENS OF THOUSANDS) FORGOTTEN AND TRAPPED POORER AMERICANS, AND HOW THIS PRESIDENTIAL CONTENDER HANDLES THIS VERY SERIOUS ISSUE FACING AMERICA&#8217;S LATINO AND BLACK AMERICAN COMMUNITIES ????

WITH 80% OF THE BLACK AMERICAN VOTERS SAYING THEY SUPPORT SENATOR OBAMA IN THIS PRESIDENTIAL ELECTION, IT IS ONLY FAIR FOR EVERYONE TO KNOW PRIOR BEING ELECTED OUR NEXT PRESIDENT OF THE UNITED STATES HOW THIS DEMOCRATIC SENATOR TRULY FEELS ABOUT THIS AMERICAN JUDICIAL INJUSTICE CONTINUING TO INFLICT GRAVE HARM ON THE BLACK &amp; LATINO AMERICAN FAMILIES AND THEIR COMMUNITIES NATIONWIDE ??????

*** WHEN GOD&#8217;S FACE BECAME VERY RED *** THE US SUPREME COURT GAVE ENEMY COMBATANTS FEDERAL APPEAL HC RIGHTS LAWYERS AND PROPER ACCESS TO US FEDERAL COURTS,AND POORER AMERICANS (MANY EVEN ON DEATH ROW) ARE DENIED PROPER FEDERAL APPEAL LEGAL REPRESENTATION TO OUR US FEDERAL COURTS OF APPEAL, AND ROTTING IN AMERICAN PRISONS NATIONWIDE ?????????

**** INNOCENT AMERICANS ARE DENIED REAL HC RIGHTS WITH THEIR FEDERAL APPEALS ! THE AMERICAN PEOPLE ARE $LOWLY FINDING OUT HOW EA$Y IT I$ FOR MIDDLE CLA$$ AND WORKING POOR AMERICAN$ TO FALL VICTIM TO OUR U$ MONETARY JUDICIAL $Y$TEM.

****WHEN THE US INNOCENT WERE ABANDONED BY THE GUILTY **** The prison experts have reported that there are 100,000 innocent Americans currently being falsely imprisoned along with the 2,300,000 total US prison population nationwide.

***WHERE ARE AMERICA'S RELIGIOUS LEADERS ???????
Since our US Congress has never afforded poor prison inmates federal appeal legal counsel for their federal retrials,they have effectively closed the doors on these tens of thousands of innocent citizens ever being capable of possibly exonerating themselves to regain their freedom through being granted new retrials.

This same exact unjust situation was happening in our Southern States when poor and mostly uneducated Black Americans were being falsely imprisoned for endless decades without the needed educational skills to properly submit their own written federal trial appeals.

This devious and deceptive judicial process of making our poor and innocent prison inmates formulate and write their own federal appeal legal cases for possible retrials on their state criminal cases,is still in effect today even though everyone in our US judicial system knows that without proper legal representation, these tens of thousands of innocent prison inmates will be denied their rightful opportunities of ever being granted new trials from our federal appeal judges!!

Sadly, the true US *legal* Federal Appeal situation that occurs when any of our uneducated American prison inmates are forced to attempt to submit their own written Federal Appeals (from our prisons nationwide) without the assistance of proper legal counsel, is that they all are in reality being denied their legitimate rights for Habeas Corpus with our US FEDERAL COURTS and will win any future Supreme Court Case concerning this injustice!

For our judicial system and our US Congressional Leaders Of The Free World to continue to pretend that this is a real and fair opportunity for our American Middle Class and Working Poor Citizens, only delays the very needed future change of Federal Financing of all these Federal appeals becoming a normal formula of Our American judicial system.

It was not so very long ago that Public Defenders became a Reality in this country.Prior that legal reality taking place, their were also some who thought giving anyone charged with a crime a free lawyer was a waste of taxpayers $$.

This FACADE and HORROR of our Federal Appeal proce$$ is not worthy of the Greatest Country In The World! ***GREAT SOCIETIES THAT DO NOT PROTECT EVEN THEIR INNOCENT, BECOME THE GUILTY !

A MUST READ ABOUT AMERICAN INJUSTICE:
1) YAHOO 2) GOOGLE (MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM.) ** A JUDICIAL RIDE OF ONES LIFE !

***Someone please tell our US Congress that the GED degree that Manny Gonzales acquired in prison is not a LAW DEGREE !!!!!!

lawyersforpooramericans@yahoo.com (424-247-2013)
    </content>
  </entry>
  <entry>
    <title>New comment by viperfred</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-10-18T21:51:59Z</updated>
    <id>tag:opencongress.org,2008-10-18:/comment/50927</id>
    <author>
      <name>viperfred</name>
    </author>
    <content type="html">
FAX COVER SHEET 


Date: October 17, 2008 
HHS OIG 
TO: Operator zz 
Confidential Material Enclosed 

FAX Number: 202 619 1381 
Subject: Medicare Abuse Trailbalzer and Palmetto 

From: Fred Kinder 
408 home 
408 cell 
408 office 
408 office fax 

Dear Operator 19, 

Thank you for taking time to listen to my concerns about Palmetto GBA and Trailblazer. I sincerely appreciate your help in this matter. 

These new Medicare providers, Trailblazer and Palmetto, have removed a treatment option (SBRT/CyberKnife) for prostate cancer that is one if not the very best and most cost effective. Medicare had covered treatment of prostate cancer by the CyberKnife but effective de. 15, 2008 that treatment option is no longer available in the Palmetto region. In June of 2008 Trailblazer removed SBRT/Cyberknife as a treatment option. The alternate external beam treatment (IMRT) will cost Medicare a %100 more than SBRT/CyberKnife. This will also increase the patients&#8217; side effects, and reduce cure rates. IMRT requires 40 days of treatment the SBRTCyberKnife requires 5 days of treatment. 

In my opinion this is criminal. Their actions increase the cost to Medicare and lower the quality and may result in death due to failure of cure by IMRT. 

I have attached my letter to the Whitehouse to fight the decline in medical care while increasing cost. 

Best Regards, 
Fred 
Page 11 (s) 
If you have any questions please feel free to contact me. 


October 13, 2008 
President George W. Bush 
The White House 
1600 Pennsylvania Avenue NW 
Washington, DC 20500 

Dear Mr. President, 

I am very concerned about the economic crisis. 

It seems criminal for a Medicare service provider to eliminate a cancer treatment option that would same the country tens of millions of dollars and benefit cancer patients at the same time. Medicare providers Palmetto in California and Trailblazer (TX, OK, CO and NM) are increasing Medicare cost and providing lower quality medical care. Both have eliminated stereotactic body radiation therapy (SBRT)/CyberKnife coverage for prostate cancer treatment. The previous Medicare providers covered SBRT for prostate cancer. The alternative external beam treatment, IMRI, will double the cost to Medicare and increase the cost for patient&#8217;s transportation and lodging (if required) by 800%. Trailblazer stopped paying for prostate cancer treatment with SBRT June 13, 2008. Effective Dec. 15, 2008 Palmetto will stop treatment of prostate cancer and cancer of the pancreas. 

Patients should be entitled to have a say in selecting the best treatment for their best quality of life and most important their life. This should be a fundamental right. 

Please consider the actions of these Medicare providers and take corrective action to save millions of dollars and improve medical treatment for cancer patients. In my opinion both of these providers should have their contracts suspended for cause. 

My e-mail below to Daniel R. Levinson, Inspector General has the details for the specifics in California. 

Please feel free to have a staff member contact me at any time. 


Best Regards, 



Fred 
Saratoga CA 95070 
408 

Date: Sun, 12 Oct 2008 20:43:44 -0700 
To: HHSTips@oig.hhs.gov 
From: Fred Kinder &lt;fred@usea.com&gt; 
Subject: Medicare Abuse by Palmetto Government Benefits Administrators (GBA) /California 
Cc: Senator Barbara Boxer, Senator Dianne Feinstein, Senator Hillary Rodham Clinton, KPIX Craig Franklin 
Bcc: Accuray Susan Thompson, Accuracy Catherine_Bonetti, Accuray Debra Mills, Accuray Jim English, Doctor Adler, Doctor Clinton_Medbery, Doctor LaNasa_Peter, Dr. Alan Katz, Dr. D. Fuller, Dr. King Stanford, Dr. Spunberg 

Office of the Inspector General 
HHS TIPS Hotline 
P.O. Box 23489 
Washington, DC 20026 
Mr. Daniel R. Levinson 


Dear Mr. Levinson, Inspector General 

California Medicare provider Palmetto Government Benefits Administrators (GBA) just re-released their policy guide lines for cancer treatment by stereotactic radiosurgery (SRS) and stereotactic body radiation therapy (SBRT) in draft form. Palmetto is removing a cancer treatment by SRS/SBRT/CyberKnife for the Prostate and Pancreas. This will result in higher cost to Medicare, higher cancer failure rates adding to patient suffering and additional treatment (adding cost), higher incidence of side effects reducing the quality of life for patients. This treatment was covered by the previous Medicare administrator. Why would, SRS/SBRT, the best External Beam (EB) radiation treatment for prostate cancer be removed? The new policy now covers an External Beam radiation option (IMRT) that cost a 100% more than SRS/SBRT , has increased side effects and a lower cancer cure rate. Why? Also consider the Palmetto EB option (IMRT) requires 40 days of treatment. The SRS/SBRT by CyberKnife requires 5 days of treatment. The cost of patient travel and inconvenience is 800% higher as the result of the irresponsible actions of Palmetto. 

Palmetto was provided medical evidence by experts in the field (see attachment) for reconsideration before they re-released their policy changes. Their final comment period runs from Oct 30 thru Dec 15, 2008. 

The Center for Medicare and Medicaid (CMS) mission statement is as follows: 

CMS' mission is to ensure health care security for its beneficiaries. A major component in achieving this mission is the successful administration of Original Medicare, or Fee-for-Service (FFS) Medicare. Medicare Contracting Reform (or section 911 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003) is a major component in achieving this mission. Section 911 mandates that the Secretary for Health &amp; Human Services replace the current contracting authority to administer the Medicare Part A and Part B FFS programs, contained under Sections 1816 and 1842 of the Social Security Act, with the new Medicare 
Administrative Contractor authority. Through the implementation of Medicare Contracting Reform, CMS will establish a premier health plan that allows for comprehensive, quality care and world-class beneficiary and provider service. 

In summary the Palmetto changes are not in compliance with CMS Medicare Reform. World-class treatment for early state prostate cancer is SRS/SBRT. Their changes will also cost Medicare additional millions of dollars and reduce the patient&#8217;s quality of life. Patients should be entitled to have a say in selecting the best treatment for their best quality of life and most important their life. This should be a fundamental right. In my opinion Palmetto is acting as a Doctor (do they have a license to practice medicine?) for Medicare patients. If they are, then their actions are in violation of the Hippocratic Oath. Is Palmetto acting as a Doctor? 

As a result of my personal fight with Blue Shield of California for prostate cancer treatment by the CyberKnife I have become a prostate cancer advocate for research, education, screening and treatment. The story with Blue Shield can be viewed at the following CBS link http://cbs5.com/investigates/CyberKnife.blue.shield.2.716740.html . FYI, Blue Shield of California added the CyberKnife as a treatment option for prostate cancer July of 2008, 

Please enforce the CMS policies on Palmetto so they can not remove SRS/SBRT as a cancer treatment option for prostate and pancreas cancer. 

Contact me if you have any questions. 


Best Regards, 


Fred 
Saratoga, CA 95070 
Cell 408 

CyberKnife Robotic Radiosurgery as Definitive Treatment for Prostate Cancer: 
May 15, 2008 
Donald B. Fuller, M.D. Iris C. Gibbs, M.D. 
Radiation Oncologist Radiation Oncologist 
CyberKnife Centers of San Diego Stanford Cancer Center 
Radiation Medical Group 875 Blake Wilbur Dr. 
2466 First Ave, Stanford, CA 94305-5847 
San Diego, CA 92101 
Christopher R. King, M.D., Ph.D. Douglas S. Wong, M.D., Ph. D. 
Radiation Oncologist Radiation Oncologist 
Stanford Cancer Center California Cancer Center 
875 Blake Wilbur Dr. CC-G213 Dept. of Radiation Oncology 
Stanford, CA 94305-5847 7257 N. Fresno St. 
Fresno, CA 93720-2950 
Greetings: 
Collectively we represent a group of ABR Board Certified Radiation Oncologists with 
expertise and extensive experience in 3DCRT, IMRT, IGRT, HDR Brachytherapy, 125I 
permanent source brachytherapy, 103Pd permanent source brachytherapy and 131Cs 
permanent source brachytherapy. We have prepared this document in support of 
CyberKnife robotic radiosurgery as definitive prostate cancer treatment. Although the 
evidence may be regarded by some as preliminary, it is our opinion that robotic 
radiosurgery is likely to be at least as safe and effective as any other radiation method in 
the treatment of this disease. To avoid coverage confusion, it should be regarded as an 
improvement to an existing modality (radiotherapy) rather than classified as a completely 
new intervention. Our reasons for recommending robotic radiosurgery include the 
following: 
1. FDA approval 
a. In 2001, the FDA cleared the CyberKnife device for use throughout the 
body, wherever therapeutic radiation is indicated. This makes perfect 
sense, as CyberKnife robotic radiosurgery simply represents a very precise 
and powerful method of ionizing radiation delivery. The FDA 510(k) 
clearance was based on use of Varian&#8217;s Clinac as the predicate device. 
2. Medicare Coverage 
a. In 2003, CMS recognized stereotactic radiosurgery as inclusive of prostate 
cancer. To quote the CMS Manual System Department of Health &amp; 
Human Services (DHHS), Pub. 100-20 One-Time Notification Centers for 
Medicare &amp; Medicaid Services (CMS), Transmittal 32 Date: DECEMBER 
19, 2003, CHANGE REQUEST 3007, I, B, 4. Billing for Stereotactic 
Radiosurgery: 
&#8220;Stereotactic radiosurgery (SRS) is a form of radiation therapy for 
treating abnormalities, functional disorders, and tumors of the brain 
    </content>
  </entry>
  <entry>
    <title>New comment by Card10</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-10-04T17:56:06Z</updated>
    <id>tag:opencongress.org,2008-10-04:/comment/46055</id>
    <author>
      <name>Card10</name>
    </author>
    <content type="html">
I guess you all did not see Biden in Beaver pa abt 6 weeks ago..He was so dammed drunk..They do not call him six pack Joe for nothing..This guy has never accomplished anything in the Senate and boy do his hometown people in Delaware think he is a joke!    </content>
  </entry>
  <entry>
    <title>New comment by americausa</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-09-30T07:41:19Z</updated>
    <id>tag:opencongress.org,2008-09-30:/comment/43413</id>
    <author>
      <name>americausa</name>
    </author>
    <content type="html">
BUSH wants to bail out Wall street but the unemployed can just wait and starve!
The Congress, the Senate and BUSH are criminal, despicable, naive,and in very dangerous water. To ignore the unemployed and not take care of them is so shortsighted its beyond belief. More Extended benefits need to be passed now! The seven weeks is really a joke as unemployment WILL continue to rise and rise. It needs to be a total of 52 or more as it was in the past. Wake up politician's (PUBLIC SERVANT) as your day is coming, and you be joining the unemployed and learn first hand what it can feel like to be jobless. More jobs will be lost, more Banks will fail and you can only blame yourselves for letting Bush and Cheney get away with robbing the working American public who are as dumb and naive as Sarah Palin!    </content>
  </entry>
  <entry>
    <title>New comment by jillian</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-01-18T21:52:13Z</updated>
    <id>tag:opencongress.org,2008-01-18:/comment/290</id>
    <author>
      <name>jillian</name>
    </author>
    <content type="html">
Love you Joe!
Looking forward to all of the great things you will accomplish in the Senate over the coming year.    </content>
  </entry>
  <entry>
    <title>New comment by Anonymous</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-01-27T20:37:59Z</updated>
    <id>tag:opencongress.org,2008-01-27:/comment/470</id>
    <author>
      <name>Anonymous</name>
    </author>
    <content type="html">
Dear Fellow Americans: 

&gt;NOTE&lt;  IF you agree with this effort, forward this email.  BUT if you do NOT agree, just smile and delete.

 This is NO attempt to influence your vote and NO.... I have NOT been approached or solicited or asked or paid or anything....to "launch this letter". I am reminded that when Americans fail to speak out against what they perceive as bad politics and bad policies, we ALL loose. 
 
I have always been a taxpaying and voting citizen. My first vote was for John F. Kennedy. I have felt great disdain for African Americans who vigorously support the Republican Party. When the Clinton's were being attacked by Ken Star and were subjected to the dirty tactics of a smear campaign by the Republican Party, even 'tho personal misbehavior invited that, I wrote letters of support to the Clinton's and, on their behalf, to numerous politicians, media pesons and to church leaders across this nation.
 
In my opinion, this 2008 Presidential  political contest is NOT so much about race or/and gender, as it is about POWER. But it MUST also be won ethically and fairly. As it appears to me, BOTH the Clinton's are making a strong case to validate the belief that the abused, once gaining power, may become the abuser.
 
Speaking for myself only, I am grateful that when there was a call for the bus boycott in Montgomery, AL, that NOT one African American Minister called for support of continued segregated busses. Every "chance" to support a candidate is NOT the same thing as an opportunity to promote the GOOD of the people. To express my concern about their actions, I have personally contacted certain community leaders via web addresses, who have been motivated or/ and felt obligated to step forward with unnecessary and untimely "ENDORSEMENTS" or/and divisive debasing comments.OH! What would Adam Clayton Powell think now?
 
~~~ PLEASE help God BLESS America~~~  It IS our responsibility to step IN here. The media, while we NEED them for information, IS also fanning the flames of a fire that has the potential to become big and dangerous. 
 
I hope to have as many people as possible call the Clinton Headquarters; numbers listed below. I have called.YOU tell them: 
1. Tell any one who answers the phone that you want to see an end to the negative campaigning
2. That you are a private citizen who does NOT like the personal attacks and distortion of the record
3. That you WILL withdraw support and WILL campaign against ANY candidate who initiates and maliciously  perpetrates "personal" and cheap attacks
4. That we Americans want POSITIVE campaigning on THE ISSUES from a leader who seeks to unify, NOT just win  .............OR....... say whatever YOU choose, but DO call to say something that may help foster a more civil campaign
 
I have sent this email to HUNRDEDS OF PEOPLE on hundreds of sites including Nat'l Democratic Party, THE CLINTON'S.....library etc et al, COLLEGES, URBAN LEAGUE, NAACP...... talk radio hosts, popular news media......... and HUNDREDS of other people have sent it out also. Pass on AND make YOUR calls NOW.
 
IF people started calling me THE Queen of England, I would likely wonder why, but in NO case would I believe myself to be unequivocally entitled to the socio-political advantages of that office. Maybe someone should tell Bill. He was "NICKNAMED" the first Black President. He wasn't REALLY him.  
 
Thanks, Janet
OHIO
 
THE NUMBERS FOR YOU TO CALL
 
4420 North Fairfax Drive
Arlington, VA 22203
703-469-2008 
Fax: 703-962-8600

Arizona
602-279-8030 |

Arkansas
501-244-0200 | 

California - North
415-255-7431 | 

California - South
213-908-0190 | 

Colorado
303-296-1708 | 

Georgia
404-541-9595 |

Iowa 
515-282-5307 | 

Minnesota 
612-374-0156 |

Missouri 
314-961-2008 | 

Nevada 
702-664-1040 |

New Hampshire 
603-782-4640 | 

New Jersey 
609-695-0600 | 

New York
212-213-3717 | 

South Carolina
803-667-3112 | 


    </content>
  </entry>
  <entry>
    <title>New comment by Anonymous</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-04-08T15:00:25Z</updated>
    <id>tag:opencongress.org,2008-04-08:/comment/4492</id>
    <author>
      <name>Anonymous</name>
    </author>
    <content type="html">
What will it take to get S.J. Res 23 sent up for a vote in the Senate?  Despite is rather pro forma nature as a resolution, I believe it is very important that the Senate pass it, and the House pass its version.  

Of course should it pass, it will be necessary to gather a 2/3 majority if the "President" vetoes the bill, as expected.  

But even if that supermajority is not obtainable, passage of the resolution would get the Senate (and Senators) on record about their attitudes toward any unilateral action against Iran, and the Senate's intentions in their ill-advised vote to declare the Iranian Revolutionary Guard a "Foreign Terrorist Organization".  

There is little doubt that if this Administration decides to make a mad dash at Iran near the end of its term in a last-ditch gambit for control of the middle east oil reserves, or at least complicating any efforts at withdrawal by the next administration, it will do so using the thin reed of that Iranian Guard Resolution as its rationalization.

Assuming the Congress gathers enough courage to actively defend the United States Constitution against all enemies, foreign AND DOMESTIC, and criminal charges are pursued against those responsible for any such atrocity, the Resolution - even if passed by a simple majority and vetoed - could prove pivotal in arguments over the meaning and authority inherent in the RevGuard Resolution.  Whether vetoed or not, a passed resolution is a statement of intent.

In addition, action on this resolution would get any rumored action against Iran into the public discourse, and allow opposition to make itself heard BEFORE it is too late.

Please prioritize this action, if possible.  Let us know what we need to do to help.

Deighved H Stern MD    </content>
  </entry>
  <entry>
    <title>New comment by Anonymous</title>
    <link href="/comments/atom/person/300008" rel="alternate"/>
    <updated>2008-01-19T19:03:16Z</updated>
    <id>tag:opencongress.org,2008-01-19:/comment/311</id>
    <author>
      <name>Anonymous</name>
    </author>
    <content type="html">
My login is ginchinchili, but this site won't let me register because I mistyped my email address.

I just wanted to say that I'm heartbroken that you are not going to be our nominee. I can't get my mind around this one. You aren't just the perfect candidate, but you'd be exactly what we need in the White House at this point in time. I can no longer consider myself a Democrat because the people who support the Party are just too damn stupid. Now we run a serious risk of losing AGAIN. For what it's worth, I'm writing in the name of Joe Biden in our primary, and probably our general election as well. Thanks for giving us your all. We think the world of you.

James Kelley    </content>
  </entry>
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