Lawdamercy.
I've taken a few days off from the Cathy saga in order to try to regain my sanity a bit, and I have to admit, after dealing with her face-to-face (and daily on the phone) I'm finding it difficult to take the torch back up.
Not to mention, I just got a lovely email from my cell phone provider that I was tracking toward being over my allotted minutes this month. (I can't help but wonder, is there really any direct correlation between the number of minutes an individual subscriber uses and the expense the provider incurs? Honestly? Can anyone answer this question with any degree of certainty? I fail to believe that every minute I spend on my cell phone costs them money and when I go over my allotted time, it costs them even more money.)
Anyway, point is (point about Cathy, that is, not the point about cell phone minutes), Cathy is a huge pain in the ass. Which I knew all along. I guess, though, to be honest, I didn't fully appreciate the new level of pain in the assishness that she'd managed achieved over the last 10 years. Which is partly due to the (obviously false) information I'd received from her doctors in Florida and partly due to my own notions of right, wrong, and obligation.
In other news (because, frankly, I'm pretty damned sick of Cathy right now--even though I feel a ton of guilt for even saying that), Lizzie turned 16 today. To celebrate, she, William, and I took a bus trip to Wintergreen and skied all day. (Well, William didn't ski; instead, he tried snowboarding. Honestly, I'm shocked that they don't make special snowboarding pants with added cushion and weather resistance--as much time as snowboarders have to spend on their tushies as they make their way over the learning curve. Learning mogul?)
It was a long day. We left the house around 4 a.m., managed to catch the bus anyway (shoulda left the house at 3:45 a.m.), arrived at Wintergreen around 9 a.m., left the slopes at 4:30, arrived home around 9:30.
I wish more days could be spent simply having a good time.
Can't believe The Sush is 16.
Tired.
Long day.
Real life stuff tomorrow. Blech.
Tuesday, December 28, 2010
Wednesday, December 22, 2010
So, OK, here's the deal...
I'm flying to Orlando tomorrow.
I have a "maybe" from Guardian Care, hoping to hear a "yes" tomorrow. Worse case scenario there's a place in Fuquay that said they could take her on Tuesday. If it turns out we have to wait until Tuesday, then I guess I'll have to put her in Benjamin's room for a few nights. Not exactly the ideal situation, considering she has to use a wheelchair and may need help showering and in the bathroom, but I'm hopeful that she's no worse off than Grandma was and if Grandma survived here, then surely Cathy can.
Of course, where she should go is to my mother's house, seeing as how Mother Dearest has a spare room and everything. But true to form, Mom's basically checked herself out of this whole thing and is more than willing to either let Cathy stay in Florida until we're sure there's somewhere for her to be, or let me take on complete responsibility. I'm extraordinarily pissed off with my mother right this moment.
I have a "maybe" from Guardian Care, hoping to hear a "yes" tomorrow. Worse case scenario there's a place in Fuquay that said they could take her on Tuesday. If it turns out we have to wait until Tuesday, then I guess I'll have to put her in Benjamin's room for a few nights. Not exactly the ideal situation, considering she has to use a wheelchair and may need help showering and in the bathroom, but I'm hopeful that she's no worse off than Grandma was and if Grandma survived here, then surely Cathy can.
Of course, where she should go is to my mother's house, seeing as how Mother Dearest has a spare room and everything. But true to form, Mom's basically checked herself out of this whole thing and is more than willing to either let Cathy stay in Florida until we're sure there's somewhere for her to be, or let me take on complete responsibility. I'm extraordinarily pissed off with my mother right this moment.
A breakthrough!!!!
I just got off the phone with Carol, who said that the guardian advocate had given her permission last night for the hospital to speak with me!!!!
Now I'm simply waiting for the social worker to call me back to (hopefully) give me info. re: Cathy's medicaid case worker in Orlando, as well as get a "level of care" form to me.
Gah! Forgot to ask about the damn books! I think I'll send Carol a text message. (I bet she thinks twice before giving out her blackberry number again!)
Oh, and mainly just to be a bitch, I called Val (Bell? Mel? Vel? I can't understand what she says) at the court processor's office. As soon as I ID'd myself she started with "Did you not understand what I said earlier." Yes, bitch, I sure did, now I need for YOU to understand that you can, in fact, talk to me. Of course, she said she needed to verify that (basically calling me a liar) and that she'd call me back. Wanna place bets on how quickly that happens? I call never.
Now I'm simply waiting for the social worker to call me back to (hopefully) give me info. re: Cathy's medicaid case worker in Orlando, as well as get a "level of care" form to me.
Gah! Forgot to ask about the damn books! I think I'll send Carol a text message. (I bet she thinks twice before giving out her blackberry number again!)
Oh, and mainly just to be a bitch, I called Val (Bell? Mel? Vel? I can't understand what she says) at the court processor's office. As soon as I ID'd myself she started with "Did you not understand what I said earlier." Yes, bitch, I sure did, now I need for YOU to understand that you can, in fact, talk to me. Of course, she said she needed to verify that (basically calling me a liar) and that she'd call me back. Wanna place bets on how quickly that happens? I call never.
Have just sent the following email to Charlotte at Florida Mental Health something-or-other (dept. that oversees the volunteer guardian advocate program). Not sure if this will help or hurt my case--hoping the former, of course:
This is one of the portions of the Florida statutes re: the Baker Act that I feel has been violated:
(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/0394.html )
In light of this, I would like to request another hearing for Cathy, or at least request that the court revoke the guardian advocate's authority, per this portion of the statutes (emphasis added):
Is this something you could help me with? Or at least point me to the right person/dept who could?
Many thanks,
Carmen
This is one of the portions of the Florida statutes re: the Baker Act that I feel has been violated:
(http://www.leg.state.fl.us/
(5)In selecting a guardian advocate, the court shall give preference to a health care surrogate, if one has already been designated by the patient. If the patient has not previously selected a health care surrogate, except for good cause documented in the court record, the selection shall be made from the following list in the order of listing:(a)The patient’s spouse.(b)An adult child of the patient.(c)A parent of the patient.(d)The adult next of kin of the patient.(e)An adult friend of the patient.
(f)An adult trained and willing to serve as guardian advocate for the patient.
In light of this, I would like to request another hearing for Cathy, or at least request that the court revoke the guardian advocate's authority, per this portion of the statutes (emphasis added):
(7)The guardian advocate shall be discharged when the patient is discharged from an order for involuntary outpatient placement or involuntary inpatient placement or when the patient is transferred from involuntary to voluntary status. The court or a hearing officer shall consider the competence of the patient pursuant to subsection (1) and may consider an involuntarily placed patient’s competence to consent to treatment at any hearing. Upon sufficient evidence, the court may restore, or the hearing officer may recommend that the court restore, the patient’s competence. A copy of the order restoring competence or the certificate of discharge containing the restoration of competence shall be provided to the patient and the guardian advocate.
Many thanks,
Carmen
Court Processor Conversation
I just called the Court Processor's office at Florida Hospital and was told that "no one can speak to me because of HIPAA laws." I recorded the conversation. I'm officially pissed now.
Additional Notes
The previous blog entry re: the reason for Cathy's admission via the Baker Act was written by Carlos H. Ruiz, MD, on December 4th.
Here's another entry, written on December 6 by Maheridra 8. Shah, MD:
This physician further states:
What a bunch of asshats these Florida physicians are. And anyone else involved in this entire scheme. (Yikes! That sounded a little paranoid, didn't it? Good thing NC doesn't have a Baker Act!)
Here's another entry, written on December 6 by Maheridra 8. Shah, MD:
REASON FOR ADMISSION AND HISTORY OF PRESENT ILLNESS: The patient was referred to the emergency department after the patient was noted to be
increasingly agitated and paranoid at the extended care facility. The
patient has been claiming that people with motor wheelchairs are driving
towards her. The patient has also been demanding too much pain
medication, has been unmanageable and argumentative and, hence, was sent
for further stabilization.
Since admission, the patient has been refusing voluntary stabilization. She has been demanding pain medications. Does get paranoid and states that she was removed from the nursing home because she knew too much. The patient does claim that the patient is being mismanaged at the extended care facility and they are not keeping proper medication logs.
This physician further states:
A 53·year-old female with poor personal hygiene and grooming. Good eye contact. Her mood is irritable with appropriate affect. Her speech is spontaneous and goal-directed, pressured at times.Two days later, a major change in her medications (not listed for confidentiality reasons), and the biggest issue is that she got angry that another patient was physically harassing her at the nursing home! Paranoid? Well, hell, who wouldn't be by now? I certainly would be under the same circumstances. Suspicious? Agitated? For sure! And, hey, yours truly has been diagnosed with "adjustment disorder" as a result of the depression brought on by a bought of invasive cervical cancer. I readily and happily admit that I take medications to help me with my symptoms. Cancer is quite the mortality reality check and I'm here to tell you, it ain't no fun. But should I be involuntarily committed for divulging that information or as a result of my psychiatrist's diagnosis? Maybe I should be involuntarily committed because having cancer made me really damn angry? I did become quite agitated at times about the whole thing.
MENTAL STATUS EXAMINATION:
Denies any auditory or visual hallucinations or suicidal or homicidal ideation at this time. The patient is alert and oriented in all 3 spheres. Her cognitive function is grossly intact. She does get paranoid and suspicious easily. Insight and judgment is fair. Impulse control remains poor.
DIAGNOSTIC
AXIS I:
A. Adjustment disorder with mixed emotional features.
B. Rule out major depression with psychotic features.
C. Opiate dependence.
AXIS II: Deferred.
AXIS III: [physical/medical diagnoses deleted by blog author for confidentiality reasons]
AXIS IV: Multiple medical problems. No support system.
AXIS V: 40, upon evaluation. Past year 45.
FORMULATION OF PLAN:
1. I agree Dr Allen. The patient, at this time, continues to meet
criteria for involuntary placement and needs further inpatient
psychiatric evaluation and stabilization for a period not to exceed 3
weeks.
2. Continue to assess less restrictive means of stabilization and discuss
appropriate placement issues.
3. Agree with close medical supervision and pain management
What a bunch of asshats these Florida physicians are. And anyone else involved in this entire scheme. (Yikes! That sounded a little paranoid, didn't it? Good thing NC doesn't have a Baker Act!)
Other Random Things
- I ordered a Stephen King book and a book of sudoku puzzles on the 15th from Amazon with the shipping address Carol (Nurse Manager) gave me for Cathy. According to Amazon and UPS, the package was delivered to the hospital on the 17th. Thus far, though, Cathy hasn't received it. I sent a email a few minutes ago to both Cara and Carol asking for them to investigate the whereabouts of the package.
- Dr. Allen and Carol have both told me that Cathy is not on any mood stabilizing medications; however, Cathy's records indicate that she's taking Cymbalta, which is an antidepressant, as well as gabapentin, which is an off-label treatment for bipolar disorder. Perhaps Dr. Allen and Carol have a different definition of "mood stabilizer" than I do? Perhaps they didn't actually give Cathy the medication? Perhaps they put her on the medication prior to her hearing on Monday the 13th (where she was deemed incompetent and had a health care guardian appointment to her [illegally, IMO]), and the guardian afterward told them to stop giving it to her? (Dr. Allen stated in his conversation with me on Sunday that the guardian wouldn't let him give Cathy any mood stabilizing medications.) I'm sure I'll never know the answer--at least not until this whole "guardian" issue is straightened out.
- On Dec. 5 a lab reported stated that Cathy was negative for MRSA, yet she continues to be held in contact isolation. The Baker Act states: A facility may not use seclusion or restraint for punishment, to compensate for inadequate staffing, or for the convenience of staff. Facilities shall ensure that all staff are made aware of these restrictions on the use of seclusion and restraint and shall make and maintain records which demonstrate that this information has been conveyed to individual staff members.
Can't Sleep, Might As Well Write...
This is, according to the medical records faxed to me from Florida Hospital on Monday, the reason my aunt was involuntarily committed to a psychiatric hospital by the State of Florida, Orange County:
Oh, and there's more...
The report then goes on to say (and I've asked someone to translate this axis stuff into English for me--will edit when/if I get a response):
And there you have it. All the Florida state government needs to put a person away against her will is a physician who, while admitting the patient has nothing exceptionally compelling about her behavior to suggest that she's a threat to herself or others, nonetheless signs off on a document stating that the person could benefit from a little forced observation.
I am completely appalled that this sort of thing can happen this day and age.
That's right, if you live in a nursing home in the state of Florida and another patient at the nursing home harasses you, whatever you do, don't tell anyone! Because if you do, you run the risk of being involuntarily locked up in a psychiatric ward of the local hospital. And by all means, no matter how much pain you may be in from your myriad documented ailments (including at least two terminal illnesses), do not seek out medications to alleviate your symptoms! Because then you're a potential junkie, and that's even more reason to hospitalize you against your will. (But if you are silly enough to actually ask for medication, for god's sake, don't sit on the edge of your bed when you do it--at least fall on the floor and writhe a bit in agony until the attending physician is convinced that you really are experiencing pain.)
The patient was transferred from Florida Hospital with complaints of
altered mental status exam. The patient has become paranoid towards other
residents, claiming that they are running into her with their power
wheelchair. Apparently, these allegations were not supported by staff at
the nursing home. The patient has also been picking and choosing which
medications she will accept. Patient appears medication seeking,
according to staff, frequently requesting opiate medications every 2
hours. The patient has refused additional recommendation from medical
attending for additional augmentation medications.
According to the patient, she continues to state that there is a resident who is in a wheelchair who continues to run the power wheelcnair inio her back. The patient minimizes her medication-seeking behavior at the facility, but during the interview was constantly refocusing on pain, although appeared in no acute distress. In fact. she was sitting up at the edge of the bed at the time.
Oh, and there's more...
MENTAL STATUS EXAMINATION: Normal rate of speech. Thoughts are mildly"Mood is depressed"? Gee, do you suppose? I know if someone were trying to commit me to a mental hospital, despite the fact that I showed zero signs of having any acute psychiatric issues, I certainly wouldn't be ecstatic about it. I would feel, if I had to guess, a little down about the situation. Depressed, you might say.
tangential. Follow for paranoid themes. The patient denies any auditory,
visual hallucinations, She denies any suicidal or homicidal ideation.
Denies any prior suicide attempts. Insight and judgment are fair. Use of
language and fund of knowledge low average. No abnormal movement
appreciated. Immediate, recent, and remote memory appears intact. No
abnormal movements. Affect is constricted. Mood is depressed.
The report then goes on to say (and I've asked someone to translate this axis stuff into English for me--will edit when/if I get a response):
IMPRESSION:
AXIS I:
1. Major depressive disorder, rule out psychotic features.
2. Opiate dependence. rule out withdrawal
AXIS Il: Deferred.
AXIS III: see medical section above.
AXIS IV: Moderate
AXIS V: 30
The risks and benefits of medication were discussed as well as side
effects and alternatives. Start Cymbalta 30 mg p.o, daily. Augment with
Ability 2.5 mg p.o daily. Follow for response. TM patient may benefit
from pain management consult. Additional management as per Dr. Akella.
Obtain parallel history from previous facility. Once stable for
discharge, the patient would benefit from ongoing psychiatric followup care. Estimated length of stay is 7 to 10 days. Rlsks, benefits, and
alternatives of medications were discussed as well as side effect.
And there you have it. All the Florida state government needs to put a person away against her will is a physician who, while admitting the patient has nothing exceptionally compelling about her behavior to suggest that she's a threat to herself or others, nonetheless signs off on a document stating that the person could benefit from a little forced observation.
I am completely appalled that this sort of thing can happen this day and age.
Tuesday, December 21, 2010
Calling Cathy Again...
7:59 p.m., Tuesday, Dec. 21
A new person whose name I didn't catch answered the phone. I had to give the security code. Waiting now for Cathy to get to the phone.
8:00 p.m. Cathy has answered. Bitching about gowns and gloves, etc. Cathy doesn't remember speaking to Cara. Only remembers talking to Marci.
Cathy says Arianna is a "nice lady." Has a problem getting back to the people at Florida Hospital. "They have everything ready except for the prescriptions." Cathy says "people with heart conditions cannot fly." Cathy isn't "leaving her stuff." I would at least have to rent a car.
Who said she had liver cancer? "Another hospital." Orlando Regional Medical Center diagnosed it. Did a CT scan on her liver.
ORMC was the hospital she went to after the rape.
15mg morphine every four hours; xanax 1 mg at least more than once a day; in between xanax atavan (doesn't know what dosage is); 60 mg methadone (not addicted to heroine, for pain management). (Cathy says she was up to 90 mg of xanax and 15 mg of xanax every two hours; morphine every 2 hours; liquid morphine every six hours.)
A new person whose name I didn't catch answered the phone. I had to give the security code. Waiting now for Cathy to get to the phone.
8:00 p.m. Cathy has answered. Bitching about gowns and gloves, etc. Cathy doesn't remember speaking to Cara. Only remembers talking to Marci.
Cathy says Arianna is a "nice lady." Has a problem getting back to the people at Florida Hospital. "They have everything ready except for the prescriptions." Cathy says "people with heart conditions cannot fly." Cathy isn't "leaving her stuff." I would at least have to rent a car.
Who said she had liver cancer? "Another hospital." Orlando Regional Medical Center diagnosed it. Did a CT scan on her liver.
ORMC was the hospital she went to after the rape.
15mg morphine every four hours; xanax 1 mg at least more than once a day; in between xanax atavan (doesn't know what dosage is); 60 mg methadone (not addicted to heroine, for pain management). (Cathy says she was up to 90 mg of xanax and 15 mg of xanax every two hours; morphine every 2 hours; liquid morphine every six hours.)
Sent the Following Email
Sent this email tonight to Carol, Cara, and Andrea (Wake co. social services):
Hi All,
It's 6:30 Tuesday evening and I feel as though I've taken two steps forward and three steps back as far as my goal of getting my aunt to NC in time for Christmas. It seems to me that someone, some time today, decided that because Cathy's "health care guardian advocate" has not approved for any information about Cathy to be given to me (and potentially anyone else interested in helping facilitate her transfer) that the hospital is, at this time, unwilling and/or unable to assist me with the necessary information to get Cathy placed somewhere in NC. I, of course, don't know for sure that this is the case, but it has been intimated. And since no one has given me a "level of care" form, or communicated to me that placement at a facility in NC is possible, or otherwise helped me get the ball rolling today, I can only assume that there is more concern somewhere (court staff? hospital staff? both?) about covering one's behind legally than there is about getting a sick, lonely, indigent woman reunited with her family.
I'm not at all saying that either of you are doing this, either intentionally or unintentionally--in fact I suspect that you are merely pawns at this point--but the bottom line is I have been told that my aunt has less than six months to live and I'd very much like to have her and all of her medication, medical records, social security distributions, and medicaid information transferred to NC so that she can spend what we have been led to believe is her last Christmas on earth with her family. This shouldn't be a difficult task. At least not as difficult as it's proven to be so far.
I need only a few things from you/someone at the hospital:
As you can tell, I'm frustrated, I'm angry, and, more than anything, I'm sad. My aunt has, indeed, had a rough life. She is, in fact, not the most pleasant person to deal with. But she's still a human being, with feelings and emotions, and no matter her transgressions, she deserves to be treated with the same dignity, respect, and concern we all are entitled to as human beings. Most of us cannot even begin to imagine the sort of horrid experiences Cathy has had for the entire duration of her life. It's amazing, truly, that she has lived as long as she has and that she's doing as well as she's doing. So please keep in mind, and remind the others on your staff to keep in mind, that Cathy is a real person and they have no idea what her whole story is, so please, be kind to her. And please, please, please, I'm begging you, help me help Cathy get back to NC and to her family.
Many thanks and kindest regards,
Carmen Zepp
Hi All,
It's 6:30 Tuesday evening and I feel as though I've taken two steps forward and three steps back as far as my goal of getting my aunt to NC in time for Christmas. It seems to me that someone, some time today, decided that because Cathy's "health care guardian advocate" has not approved for any information about Cathy to be given to me (and potentially anyone else interested in helping facilitate her transfer) that the hospital is, at this time, unwilling and/or unable to assist me with the necessary information to get Cathy placed somewhere in NC. I, of course, don't know for sure that this is the case, but it has been intimated. And since no one has given me a "level of care" form, or communicated to me that placement at a facility in NC is possible, or otherwise helped me get the ball rolling today, I can only assume that there is more concern somewhere (court staff? hospital staff? both?) about covering one's behind legally than there is about getting a sick, lonely, indigent woman reunited with her family.
I'm not at all saying that either of you are doing this, either intentionally or unintentionally--in fact I suspect that you are merely pawns at this point--but the bottom line is I have been told that my aunt has less than six months to live and I'd very much like to have her and all of her medication, medical records, social security distributions, and medicaid information transferred to NC so that she can spend what we have been led to believe is her last Christmas on earth with her family. This shouldn't be a difficult task. At least not as difficult as it's proven to be so far.
I need only a few things from you/someone at the hospital:
- A fax to Wake co. Register of Deeds/Dept of Vital Records stating that I need to pick up Cathy's birth certificate due to medical issues (and I need her birth certificate to obtain an ID for her so we can put her on an airplane).
- A level of care document that we can show to potential facilities in our area.
- Proof that Cathy has SSI and Medicaid once she gets to NC (Andrea, this is something you can do for me, I hope.)
- A list of Cathy's current medications, including dosage and frequency, and at least a month's worth of meds to take with her out of Florida.
As you can tell, I'm frustrated, I'm angry, and, more than anything, I'm sad. My aunt has, indeed, had a rough life. She is, in fact, not the most pleasant person to deal with. But she's still a human being, with feelings and emotions, and no matter her transgressions, she deserves to be treated with the same dignity, respect, and concern we all are entitled to as human beings. Most of us cannot even begin to imagine the sort of horrid experiences Cathy has had for the entire duration of her life. It's amazing, truly, that she has lived as long as she has and that she's doing as well as she's doing. So please keep in mind, and remind the others on your staff to keep in mind, that Cathy is a real person and they have no idea what her whole story is, so please, be kind to her. And please, please, please, I'm begging you, help me help Cathy get back to NC and to her family.
Many thanks and kindest regards,
Carmen Zepp
Another day of frustration...
It's 5 p.m. Tuesday, 12/21. I've again spent all day accomplishing nothing much more than spinning my wheels.
I called Guardian Care today about placing Cathy there, but never received a return call.
Christy at Hospice in Johnston co. called me finally, but I missed her call and she didn't answer the return call. No idea what, if anything, has been worked out between the two Hospice organizations.
Suddenly no one at Florida Hospital can do anything for me until the Guardian Advocate is contacted and gives approval. I've been asking for this Guardian Advocate to call me for three days now and I've received nothing. It's too late to call the office at the courthouse that oversees the guardian advocate program, so I have no choice but to wait and see if this woman gives me a call back.
5:14 p.m. Christy called me back. Told Cara what criteria/guidelines are to meet Hospice requirements. NC medicaid guidelines re: hospice appropriate guidelines. Cathy does not meet those guidelines. Christy gave Cara the guidelines. Ejection/fraction rate of <=20%, Cathy doesn't meet that. If we're looking for L/T placement, easier to do it once they're here in the state and medicaid is established. Because Cathy has SSI, she automatically has medicaid in the state of NC. Christy indicated that the social services/Florida Hospital folks have been contacting people up here in NC. Cara asked Christy if she (Christy) were the person Cara was to be sending the TASSER (sp? PASSER?) score to. Christy said no. Christy said the score is used in some places in order to be deemed appropriate for placement in skilled nursing facilities. Ellen said she'd been trying to contact facilities in NC to find a place for Cathy (Kindred company).
Hospital may not have any choice whether they can prescribe a month's worth of medication--it's up to what medicaid will pay.
Christy said I need to ask social services if Cathy's medicaid in NC going to be automatically in effect, if so, can I get proof of it. Give the proof to Florida Hospital and ask them to contact facilities in NC. May have some stumbling blocks due to guardianship issue, behavioral issues (although she's better with meds).
DDE (direct data entry) is a system that health care companies/personnel can look into to see what the status is of Cathy’s SSI or Medicaid. Once FL2 or level care forms are sent to DDS, DDS is supposed to be changing to another company that won the bid, because level of care can change from month to month. Christy is a nice lady, but bottom line is that she isn’t going to be able to help us. She does, however, have a good point: If Cathy was placed in a facility in Florida, would she be, at that point, declared competent again? If so, and I showed up the same day, would I be able to get the information I need to facilitate getting her to NC? Is SSI disabilitiy? How long has she been disabled? Does she qualify for medicare?
WHY IS THIS SO FUCKING HARD?!?!?!
I called Guardian Care today about placing Cathy there, but never received a return call.
Christy at Hospice in Johnston co. called me finally, but I missed her call and she didn't answer the return call. No idea what, if anything, has been worked out between the two Hospice organizations.
Suddenly no one at Florida Hospital can do anything for me until the Guardian Advocate is contacted and gives approval. I've been asking for this Guardian Advocate to call me for three days now and I've received nothing. It's too late to call the office at the courthouse that oversees the guardian advocate program, so I have no choice but to wait and see if this woman gives me a call back.
5:14 p.m. Christy called me back. Told Cara what criteria/guidelines are to meet Hospice requirements. NC medicaid guidelines re: hospice appropriate guidelines. Cathy does not meet those guidelines. Christy gave Cara the guidelines. Ejection/fraction rate of <=20%, Cathy doesn't meet that. If we're looking for L/T placement, easier to do it once they're here in the state and medicaid is established. Because Cathy has SSI, she automatically has medicaid in the state of NC. Christy indicated that the social services/Florida Hospital folks have been contacting people up here in NC. Cara asked Christy if she (Christy) were the person Cara was to be sending the TASSER (sp? PASSER?) score to. Christy said no. Christy said the score is used in some places in order to be deemed appropriate for placement in skilled nursing facilities. Ellen said she'd been trying to contact facilities in NC to find a place for Cathy (Kindred company).
Hospital may not have any choice whether they can prescribe a month's worth of medication--it's up to what medicaid will pay.
Christy said I need to ask social services if Cathy's medicaid in NC going to be automatically in effect, if so, can I get proof of it. Give the proof to Florida Hospital and ask them to contact facilities in NC. May have some stumbling blocks due to guardianship issue, behavioral issues (although she's better with meds).
DDE (direct data entry) is a system that health care companies/personnel can look into to see what the status is of Cathy’s SSI or Medicaid. Once FL2 or level care forms are sent to DDS, DDS is supposed to be changing to another company that won the bid, because level of care can change from month to month. Christy is a nice lady, but bottom line is that she isn’t going to be able to help us. She does, however, have a good point: If Cathy was placed in a facility in Florida, would she be, at that point, declared competent again? If so, and I showed up the same day, would I be able to get the information I need to facilitate getting her to NC? Is SSI disabilitiy? How long has she been disabled? Does she qualify for medicare?
WHY IS THIS SO FUCKING HARD?!?!?!
Notes from today, 12/21
12/21:
Received a call at 9:53 a.m. from an Internal Medicine physician (whose name I did not write down). Notes about that call are on the blog.
Called Florida Hospital at ~2 p.m. to speak with Cathy. Was told by Jessica that Cathy was asleep. Asked Jessica if she could look in Cathy’s file and give me her case number so I could request the documents via this website (http://www.ninthcircuit.org/programs-services/court-reporters/transcript-request.asp?c=1). Jessica said she’d need to transfer me to the social worker. Tina answered the phone (as an aside, it was obvious Tina wasn’t exceptionally happy to speak with me--a fact which I have recorded). Tina said I’d need to contact the court processor (407 403 1504)to obtain transcripts of Cathy’s hearing. Called the court processor’s office and spoke to Val (?). Was asked if I was guardian. I responded that “April” had called to see if I was interested, so I wasn’t sure if I was or wasn’t yet. Val said that she’d have April call me since she was working. I had been, up until then, under the impression that April was another social worker at the hospital, but in fact it would seem that she is a court processor for the Ninth Judicial Circuit Court of Orange County, Florida. I’m awaiting April’s return phone call.
I also need to know where and when Cathy’s rape occurred (the original reason for my call at 2 p.m. to Cathy). I think it’s critical to note that there is absolutely nothing in the records Florida Hospital sent about the rape. I would like to know whether the State of Florida ever provided Cathy with any counseling or other treatment following the incident.
Called at 3:04 p.m. and Diana answered. Recorded call. Diana at first didn’t seem to know who I was talking about, but once she did she said Cathy was in “contact isolation” and wasn’t supposed to be using the phone. According to the Florida statutes:
(5)
COMMUNICATION, ABUSE REPORTING, AND VISITS.—
(a)
Each person receiving services in a facility providing mental health services under this part has the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the person or others. Each facility shall make available as soon as reasonably possible to persons receiving services a telephone that allows for free local calls and access to a long-distance service. A facility is not required to pay the costs of a patient’s long-distance calls. The telephone shall be readily accessible to the patient and shall be placed so that the patient may use it to communicate privately and confidentially. The facility may establish reasonable rules for the use of this telephone, provided that the rules do not interfere with a patient’s access to a telephone to report abuse pursuant to paragraph (e).
Fortunately, Diana managed to get Cathy on the phone; however, the phone Cathy uses is located in the hallway, meaning she has no privacy during her calls.
3:15 p.m.
Spoke with Cathy, recorded conversation. Unsure whether or not she knows what she’s talking about, but supposedly they’ve “all but released” Cathy and have told her that all they’re waiting on is “[me] to be there.” Cathy feels that the hospital is angry enough with me at this point, all they want they do is to get Cathy out of Florida Hospital. “They just don’t want [me] to cause them anymore trouble.” “Everybody has said this” to Cathy. I’m unsure what to believe and what not to believe. I have evidence that the hospital staff (and perhaps the court) have been negligent as far as Cathy’s rights go, and I have personally been lied to/misled during this entire time by those in positions of knowledge and/or authority, but I’ve also been misled by Cathy, so I have no idea who or what to believe after this most recent conversation.
3:45 p.m. received call from attorney Steve Talmage. His advice, write a letter of complaint to the admin of health care association. But this will only serve to get Florida Hospital in trouble with the legal system, wouldn’t do any good to get her out of the hospital. Need to have guardian advocate switch guardianship or sign to give me POA for Cathy.
4:12 p.m. Spoke with Cara (social worker)
Cara has to have consent from guardian advocate for permission to send information out of the hospital. Under Cathy’s current status, “incompetent to consent.” Has to consent for Cathy until she’s discharged. Cara isn’t “familiar to what’s happened prior to [her] getting involved.” Dr. Allen and Carol are trying to get situation with guardian advocate situation resolved. April works for Florida Hospital but is a court processor.
Arianna Johnson is a volunteer with Mental Health Association of Central Florida. Need to speak with someone about volunteer guardian advocates. 407.898.0110. Cara has left a message with Arianna letting her know to call me as soon as possible.
Cara says two Hospices have been speaking to each other. Hospice doesn’t follow same protocol as hospital, so they had permission from Cathy to talk to each other. Ellen was supposed to call me today, according to Cara.
Told Cara about Cathy’s rape and expressed my concerns about Cathy’s treatment, diagnosis, and experience at the hospital.
Received an email from Steve Talmage stating he was working on getting contact info for Adrianna and to give him an hour.
4:50 p.m. Calling SECU Hospice (Christy called earlier while I was on the phone with Cara and I couldn’t answer). Don’t have any ability to record the call right now, though, so I will just have to take notes. Won’t be taking notes, either--Christy didn’t answer, so I left another message.
Received the following email from Steve Talmage a few moments ago:
I talked to the appropriate person in charge of GAs in Orlando. You
should be hearing from Arianna this evening or tommorrow. As I mentioned, I
am going out of town in the morning, and I can't send emails right away and
I can't file papers with the court, but I can sorta READ emails.
Carmen, I hope in the short run this helps. In the long run, if you want
to pursue a complaint with AHCA about Florida Hospital or appeal on the
basis of a violation of the statute, let me know.
Merry Christmas all, even with the "going ons."
Received a call at 9:53 a.m. from an Internal Medicine physician (whose name I did not write down). Notes about that call are on the blog.
Called Florida Hospital at ~2 p.m. to speak with Cathy. Was told by Jessica that Cathy was asleep. Asked Jessica if she could look in Cathy’s file and give me her case number so I could request the documents via this website (http://www.ninthcircuit.org/programs-services/court-reporters/transcript-request.asp?c=1). Jessica said she’d need to transfer me to the social worker. Tina answered the phone (as an aside, it was obvious Tina wasn’t exceptionally happy to speak with me--a fact which I have recorded). Tina said I’d need to contact the court processor (407 403 1504)to obtain transcripts of Cathy’s hearing. Called the court processor’s office and spoke to Val (?). Was asked if I was guardian. I responded that “April” had called to see if I was interested, so I wasn’t sure if I was or wasn’t yet. Val said that she’d have April call me since she was working. I had been, up until then, under the impression that April was another social worker at the hospital, but in fact it would seem that she is a court processor for the Ninth Judicial Circuit Court of Orange County, Florida. I’m awaiting April’s return phone call.
I also need to know where and when Cathy’s rape occurred (the original reason for my call at 2 p.m. to Cathy). I think it’s critical to note that there is absolutely nothing in the records Florida Hospital sent about the rape. I would like to know whether the State of Florida ever provided Cathy with any counseling or other treatment following the incident.
Called at 3:04 p.m. and Diana answered. Recorded call. Diana at first didn’t seem to know who I was talking about, but once she did she said Cathy was in “contact isolation” and wasn’t supposed to be using the phone. According to the Florida statutes:
(5)
COMMUNICATION, ABUSE REPORTING, AND VISITS.—
(a)
Each person receiving services in a facility providing mental health services under this part has the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the person or others. Each facility shall make available as soon as reasonably possible to persons receiving services a telephone that allows for free local calls and access to a long-distance service. A facility is not required to pay the costs of a patient’s long-distance calls. The telephone shall be readily accessible to the patient and shall be placed so that the patient may use it to communicate privately and confidentially. The facility may establish reasonable rules for the use of this telephone, provided that the rules do not interfere with a patient’s access to a telephone to report abuse pursuant to paragraph (e).
Fortunately, Diana managed to get Cathy on the phone; however, the phone Cathy uses is located in the hallway, meaning she has no privacy during her calls.
3:15 p.m.
Spoke with Cathy, recorded conversation. Unsure whether or not she knows what she’s talking about, but supposedly they’ve “all but released” Cathy and have told her that all they’re waiting on is “[me] to be there.” Cathy feels that the hospital is angry enough with me at this point, all they want they do is to get Cathy out of Florida Hospital. “They just don’t want [me] to cause them anymore trouble.” “Everybody has said this” to Cathy. I’m unsure what to believe and what not to believe. I have evidence that the hospital staff (and perhaps the court) have been negligent as far as Cathy’s rights go, and I have personally been lied to/misled during this entire time by those in positions of knowledge and/or authority, but I’ve also been misled by Cathy, so I have no idea who or what to believe after this most recent conversation.
3:45 p.m. received call from attorney Steve Talmage. His advice, write a letter of complaint to the admin of health care association. But this will only serve to get Florida Hospital in trouble with the legal system, wouldn’t do any good to get her out of the hospital. Need to have guardian advocate switch guardianship or sign to give me POA for Cathy.
4:12 p.m. Spoke with Cara (social worker)
Cara has to have consent from guardian advocate for permission to send information out of the hospital. Under Cathy’s current status, “incompetent to consent.” Has to consent for Cathy until she’s discharged. Cara isn’t “familiar to what’s happened prior to [her] getting involved.” Dr. Allen and Carol are trying to get situation with guardian advocate situation resolved. April works for Florida Hospital but is a court processor.
Arianna Johnson is a volunteer with Mental Health Association of Central Florida. Need to speak with someone about volunteer guardian advocates. 407.898.0110. Cara has left a message with Arianna letting her know to call me as soon as possible.
Cara says two Hospices have been speaking to each other. Hospice doesn’t follow same protocol as hospital, so they had permission from Cathy to talk to each other. Ellen was supposed to call me today, according to Cara.
Told Cara about Cathy’s rape and expressed my concerns about Cathy’s treatment, diagnosis, and experience at the hospital.
Received an email from Steve Talmage stating he was working on getting contact info for Adrianna and to give him an hour.
4:50 p.m. Calling SECU Hospice (Christy called earlier while I was on the phone with Cara and I couldn’t answer). Don’t have any ability to record the call right now, though, so I will just have to take notes. Won’t be taking notes, either--Christy didn’t answer, so I left another message.
Received the following email from Steve Talmage a few moments ago:
I talked to the appropriate person in charge of GAs in Orlando. You
should be hearing from Arianna this evening or tommorrow. As I mentioned, I
am going out of town in the morning, and I can't send emails right away and
I can't file papers with the court, but I can sorta READ emails.
Carmen, I hope in the short run this helps. In the long run, if you want
to pursue a complaint with AHCA about Florida Hospital or appeal on the
basis of a violation of the statute, let me know.
Merry Christmas all, even with the "going ons."
Trying to get it all straight...
I received a call this a.m. from an internal med doc whose name I didn't get because I'd just gotten out of bed and hadn't even had any coffee yet. I'd been waiting for this internist to call me since Sunday, so I'm happy that he finally contacted me, I just wish I could have had an opportunity to get things together before I spoke to him. I wasn't even able to record the conversation, I was caught so off guard.
Dr. No Name sounds Indian (Eastern, that is) and he has, presumably, seen Cathy at least once. I had asked Dr. Allen, the psychiatrist overseeing Cathy's care in the hospital, to have this physician call me when he (Dr. Allen) couldn't answer the question as to whether or not Cathy actually has liver cancer, as she claims. Unfortunately, Dr. No Name wasn't able to answer the question either. In fact, he asked me whether or not Cathy has cancer! I wish I'd recorded the conversation.
Not only did Dr. NN not know whether or not Cathy has cancer, he then stated that he couldn't just go and do random tests to determine if she has cancer. Excuse me? If a physician at a public hospital can't determine whether a patient has cancer or not WHO IN THE HELL CAN?!!! I said essentially that very thing, in not so many words, to Dr. NN, and he finally agreed, sort of, that he would explore the possibility of ordering some tests if Cathy's primary care physician couldn't be located. (She's been at Florida Hospital since Dec. 4--I would think that her primary care physician would have long ago been located, assuming she had one, and if she didn't have one, I would think that tests would have already been ordered and carried out. But hey, I'm not the one with the medical degree, so what do I know?)
On a happier note, I received a call back from the Citizens Commission on Human Rights Florida (http://www.cchrflorida.org/abuse-florida-involuntary-commitment.html), whom I called yesterday in hopes of getting some assistance regarding potential abuse of the Baker Act, which I strongly feel has occurred in Cathy's case. I'm waiting for an emailed release form and then I plan to turn everything I have about this situation over to them. At this point, "everything" consists of some faxed medical records that Florida Hospital sent yesterday, recorded phone conversations from yesterday (I so wish I'd have thought about recording calls earlier), this blog, and my notes, which I hope to get typed up in some logical, readable fashion today.
Unfortunately, I had an entire list of stuff I wanted to accomplish around my house and with my family while I'm on vacation these next two weeks, and this whole ordeal has thrown a monkey wrench into those plans. So beyond getting all of the info together to send to the CCHR folks, my hope for today is to outline in another email to Carol and Cara (Nurse Manager and Social Worker) what my goals are for the next two days. They are as follows:
So now off to type up my notes and scan medical records.
Dr. No Name sounds Indian (Eastern, that is) and he has, presumably, seen Cathy at least once. I had asked Dr. Allen, the psychiatrist overseeing Cathy's care in the hospital, to have this physician call me when he (Dr. Allen) couldn't answer the question as to whether or not Cathy actually has liver cancer, as she claims. Unfortunately, Dr. No Name wasn't able to answer the question either. In fact, he asked me whether or not Cathy has cancer! I wish I'd recorded the conversation.
Not only did Dr. NN not know whether or not Cathy has cancer, he then stated that he couldn't just go and do random tests to determine if she has cancer. Excuse me? If a physician at a public hospital can't determine whether a patient has cancer or not WHO IN THE HELL CAN?!!! I said essentially that very thing, in not so many words, to Dr. NN, and he finally agreed, sort of, that he would explore the possibility of ordering some tests if Cathy's primary care physician couldn't be located. (She's been at Florida Hospital since Dec. 4--I would think that her primary care physician would have long ago been located, assuming she had one, and if she didn't have one, I would think that tests would have already been ordered and carried out. But hey, I'm not the one with the medical degree, so what do I know?)
On a happier note, I received a call back from the Citizens Commission on Human Rights Florida (http://www.cchrflorida.org/abuse-florida-involuntary-commitment.html), whom I called yesterday in hopes of getting some assistance regarding potential abuse of the Baker Act, which I strongly feel has occurred in Cathy's case. I'm waiting for an emailed release form and then I plan to turn everything I have about this situation over to them. At this point, "everything" consists of some faxed medical records that Florida Hospital sent yesterday, recorded phone conversations from yesterday (I so wish I'd have thought about recording calls earlier), this blog, and my notes, which I hope to get typed up in some logical, readable fashion today.
Unfortunately, I had an entire list of stuff I wanted to accomplish around my house and with my family while I'm on vacation these next two weeks, and this whole ordeal has thrown a monkey wrench into those plans. So beyond getting all of the info together to send to the CCHR folks, my hope for today is to outline in another email to Carol and Cara (Nurse Manager and Social Worker) what my goals are for the next two days. They are as follows:
- I need Cara or Carol to fax a statement to the NC Dept of Vital Records stating that they can release Cathy's birth certificate to me because, due to medical reasons, Cathy is unable to request and obtain her birth certificate herself. (I need the birth certificate because Cathy doesn't have any form of photo ID, meaning I won't be able to get her on a plane. If I can get her birth certificate, hopefully we can get a Florida ID or simply use the birth certificate to get her on board.)
- I need Cara or Carol and/or Ellen (Florida Hospice Social Worker) to communicate with SECU Hospice in Johnston co., with the goal of ensuring Cathy can, at least temporarily, be placed at SECU Hospice.
- Once those two things are accomplished, I can arrange a flight to Florida, as well as, hopefully, two return flights.
So now off to type up my notes and scan medical records.
Monday, December 20, 2010
Gah, can't leave this out! (Emphasis added.)
(5)
In selecting a guardian advocate, the court shall give preference to a health care surrogate, if one has already been designated by the patient. If the patient has not previously selected a health care surrogate, except for good cause documented in the court record, the selection shall be made from the following list in the order of listing:
(a)
The patient’s spouse.
(b)
An adult child of the patient.
(c)
A parent of the patient.
(d)
The adult next of kin of the patient.
(e)
An adult friend of the patient.
(f)
An adult trained and willing to serve as guardian advocate for the patient.
So the hospital knew that my mother and I were communicating with Cathy and were available to serve as her health care surrogate, yet they went ahead and appointed a guardian advocate. I'm going to be sure to bring this up to...someone. The hospital? Carol, maybe? The physician? Not sure exactly yet who the best person would be to ask about this. Guess I'll start with an email to Carol and go from there.
Yeah, yeah, I said I was done and then I googled this whole Baker Act thing and I wanted to be sure to put the link here and a few excerpts that I might investigate into further, if necessary:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/0394.html
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/0394.html
(c)
Each person who remains at a receiving or treatment facility for more than 12 hours shall be given a physical examination by a health practitioner authorized by law to give such examinations, within 24 hours after arrival at such facility.
(d)
Every patient in a facility shall be afforded the opportunity to participate in activities designed to enhance self-image and the beneficial effects of other treatments, as determined by the facility.
(e)
Not more than 5 days after admission to a facility, each patient shall have and receive an individualized treatment plan in writing which the patient has had an opportunity to assist in preparing and to review prior to its implementation. The plan shall include a space for the patient’s comments.
(4)
QUALITY OF TREATMENT.—
(a)
Each patient shall receive services, including, for a patient placed under s. 394.4655, those services included in the court order which are suited to his or her needs, and which shall be administered skillfully, safely, and humanely with full respect for the patient’s dignity and personal integrity. Each patient shall receive such medical, vocational, social, educational, and rehabilitative services as his or her condition requires in order to live successfully in the community. In order to achieve this goal, the department is directed to coordinate its mental health programs with all other programs of the department and other state agencies.
(b)
Facilities shall develop and maintain, in a form accessible to and readily understandable by patients and consistent with rules adopted by the department, the following:
1.
Criteria, procedures, and required staff training for any use of close or elevated levels of supervision, of restraint, seclusion, or isolation, or of emergency treatment orders, and for the use of bodily control and physical management techniques.
2.
Procedures for documenting, monitoring, and requiring clinical review of all uses of the procedures described in subparagraph 1. and for documenting and requiring review of any incidents resulting in injury to patients.
3.
A system for investigating, tracking, managing, and responding to complaints by persons receiving services or individuals acting on their behalf.
(c)
A facility may not use seclusion or restraint for punishment, to compensate for inadequate staffing, or for the convenience of staff. Facilities shall ensure that all staff are made aware of these restrictions on the use of seclusion and restraint and shall make and maintain records which demonstrate that this information has been conveyed to individual staff members.
(a)
Each person receiving services in a facility providing mental health services under this part has the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the person or others. Each facility shall make available as soon as reasonably possible to persons receiving services a telephone that allows for free local calls and access to a long-distance service. A facility is not required to pay the costs of a patient’s long-distance calls. The telephone shall be readily accessible to the patient and shall be placed so that the patient may use it to communicate privately and confidentially. The facility may establish reasonable rules for the use of this telephone, provided that the rules do not interfere with a patient’s access to a telephone to report abuse pursuant to paragraph (e).
(b)
Each patient admitted to a facility under the provisions of this part shall be allowed to receive, send, and mail sealed, unopened correspondence; and no patient’s incoming or outgoing correspondence shall be opened, delayed, held, or censored by the facility unless there is reason to believe that it contains items or substances which may be harmful to the patient or others, in which case the administrator may direct reasonable examination of such mail and may regulate the disposition of such items or substances.
(c)
Each facility must permit immediate access to any patient, subject to the patient’s right to deny or withdraw consent at any time, by the patient’s family members, guardian, guardian advocate, representative, Florida statewide or local advocacy council, or attorney, unless such access would be detrimental to the patient. If a patient’s right to communicate or to receive visitors is restricted by the facility, written notice of such restriction and the reasons for the restriction shall be served on the patient, the patient’s attorney, and the patient’s guardian, guardian advocate, or representative; and such restriction shall be recorded on the patient’s clinical record with the reasons therefor. The restriction of a patient’s right to communicate or to receive visitors shall be reviewed at least every 7 days. The right to communicate or receive visitors shall not be restricted as a means of punishment. Nothing in this paragraph shall be construed to limit the provisions of paragraph (d).
(d)
Each facility shall establish reasonable rules governing visitors, visiting hours, and the use of telephones by patients in the least restrictive possible manner. Patients shall have the right to contact and to receive communication from their attorneys at any reasonable time.
(e)
Each patient receiving mental health treatment in any facility shall have ready access to a telephone in order to report an alleged abuse. The facility staff shall orally and in writing inform each patient of the procedure for reporting abuse and shall make every reasonable effort to present the information in a language the patient understands. A written copy of that procedure, including the telephone number of the central abuse hotline and reporting forms, shall be posted in plain view.
(f)
The department shall adopt rules providing a procedure for reporting abuse. Facility staff shall be required, as a condition of employment, to become familiar with the requirements and procedures for the reporting of abuse.
(6)
CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—A patient’s right to the possession of his or her clothing and personal effects shall be respected. The facility may take temporary custody of such effects when required for medical and safety reasons. A patient’s clothing and personal effects shall be inventoried upon their removal into temporary custody. Copies of this inventory shall be given to the patient and to the patient’s guardian, guardian advocate, or representative and shall be recorded in the patient’s clinical record. This inventory may be amended upon the request of the patient or the patient’s guardian, guardian advocate, or representative. The inventory and any amendments to it must be witnessed by two members of the facility staff and by the patient, if able. All of a patient’s clothing and personal effects held by the facility shall be returned to the patient immediately upon the discharge or transfer of the patient from the facility, unless such return would be detrimental to the patient. If personal effects are not returned to the patient, the reason must be documented in the clinical record along with the disposition of the clothing and personal effects, which may be given instead to the patient’s guardian, guardian advocate, or representative. As soon as practicable after an emergency transfer of a patient, the patient’s clothing and personal effects shall be transferred to the patient’s new location, together with a copy of the inventory and any amendments, unless an alternate plan is approved by the patient, if able, and by the patient’s guardian, guardian advocate, or representative.
And finally...
(8)
HABEAS CORPUS.—
(a)
At any time, and without notice, a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the court order a return to the writ in accordance with chapter 79. Each patient held in a facility shall receive a written notice of the right to petition for a writ of habeas corpus.
(b)
At any time, and without notice, a person who is a patient in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may file a petition in the circuit court in the county where the patient is being held alleging that the patient is being unjustly denied a right or privilege granted herein or that a procedure authorized herein is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue any order needed to correct an abuse of the provisions of this part.
(c)
The administrator of any receiving or treatment facility receiving a petition under this subsection shall file the petition with the clerk of the court on the next court working day.
(d)
No fee shall be charged for the filing of a petition under this subsection.
It's now 5 p.m. and though I said I was done for the day with this, the whole problem of getting Cathy ID to get on an airplane (when/if I actually get to that point of the whole game) was bothering me so I called the Wake co. Register of Deeds and a nice lady named Glaucia said that she would help me get a copy if I could get Florida Hospital to fax a letter to them stating that Cathy wasn't able to request a copy herself.
I've sent both Carol and Cara an email asking for them to do this. We'll see tomorrow how that goes. I am, this time, done for the day with all of this. I need a shower, there are presents to wrap, and I'm supposed to meet some friends tonight for food and beer.
I've sent both Carol and Cara an email asking for them to do this. We'll see tomorrow how that goes. I am, this time, done for the day with all of this. I need a shower, there are presents to wrap, and I'm supposed to meet some friends tonight for food and beer.
It's 3 p.m. Monday. I took a 15 minute break from things and now I'm calling back to talk to someone in Florida. I started with Cara, the social worker at the hospital, but she didn't answer, so now I'm calling to speak to Cathy herself.
At this point I want to ensure she can get into the Hospice facility in Smithfield. If I can arrange that, I will fly down to Orlando tomorrow or the next day and get Cathy. This is going to cost me a small fortune, but I would hope that should I need similar help one day that someone in my family would do whatever was necessary for me.
BTW, I'm appalled by my mother's response to the suggestion that Cathy's family might have to pay out-of-pocket some for any of this. My mother, the rabid conservative, anti-health care reform, we-should-take-care-of-our-own person would rather her sister stay in Florida for what is, according to her doctor, her last Christmas than pitch in financially toward getting her up here to spend her remaining time near her family. She would also rather Cathy get placed in a nursing facility that wouldn't require any out-of-pocket investment than contribute a measly $500 toward getting her into hospice care that would ensure she has a comfortable, compassionate, pain-free existence.
I don't get it.
Cathy has answered. According to her, someone named Nichie at Terra Vista says that they, Terra Vista, has her social security check. Now I have to call Terra Vista again and see if this is true.
I am going to ask Cathy if she knows why the Health Care Guardian would have refused for the doctor to give Cathy mood stabilizing medications.
Cathy really needs mood stabilizing drugs. Really, really needs them. And some therapy. I can't believe that she has gone through all of this and hasn't gotten any therapy.
Calling Terra Vista now to speak with Nichie. (I'm sure that's not how you spell her name, but I hope that's close.)
Shit, I forgot to ask Cathy about the guardian thing!
Hospice in Johnston co. doesn't take "out of state" orders, but they will do what they can to help me. Sigh.
Calling Hospice in Florida. Ellen is going to call Hospice in Johnston co.
Called Carol (nurse manager) and she's going to help Cathy understand about her social security check (she's not going to get anything except the $35 she's owed as her monthly allowance--her actual SS check was sent back to SS and Cathy will need to call SS to get it worked out where to send it now).
I'm going to send Carol a POA form to get Cathy to sign and get notarized.
It's 4:30. I've been working on this all day and I'm exhausted.
At this point I want to ensure she can get into the Hospice facility in Smithfield. If I can arrange that, I will fly down to Orlando tomorrow or the next day and get Cathy. This is going to cost me a small fortune, but I would hope that should I need similar help one day that someone in my family would do whatever was necessary for me.
BTW, I'm appalled by my mother's response to the suggestion that Cathy's family might have to pay out-of-pocket some for any of this. My mother, the rabid conservative, anti-health care reform, we-should-take-care-of-our-own person would rather her sister stay in Florida for what is, according to her doctor, her last Christmas than pitch in financially toward getting her up here to spend her remaining time near her family. She would also rather Cathy get placed in a nursing facility that wouldn't require any out-of-pocket investment than contribute a measly $500 toward getting her into hospice care that would ensure she has a comfortable, compassionate, pain-free existence.
I don't get it.
Cathy has answered. According to her, someone named Nichie at Terra Vista says that they, Terra Vista, has her social security check. Now I have to call Terra Vista again and see if this is true.
I am going to ask Cathy if she knows why the Health Care Guardian would have refused for the doctor to give Cathy mood stabilizing medications.
Cathy really needs mood stabilizing drugs. Really, really needs them. And some therapy. I can't believe that she has gone through all of this and hasn't gotten any therapy.
Calling Terra Vista now to speak with Nichie. (I'm sure that's not how you spell her name, but I hope that's close.)
Shit, I forgot to ask Cathy about the guardian thing!
Hospice in Johnston co. doesn't take "out of state" orders, but they will do what they can to help me. Sigh.
Calling Hospice in Florida. Ellen is going to call Hospice in Johnston co.
Called Carol (nurse manager) and she's going to help Cathy understand about her social security check (she's not going to get anything except the $35 she's owed as her monthly allowance--her actual SS check was sent back to SS and Cathy will need to call SS to get it worked out where to send it now).
I'm going to send Carol a POA form to get Cathy to sign and get notarized.
It's 4:30. I've been working on this all day and I'm exhausted.
About a month ago my mother received a call from someone in Florida (a social worker? a nurse? I can't remember, maybe Mom can) telling her that her sister, Cathy, was under Hospice care for congestive heart failure. At that point in time, Cathy was in a facility called Terra Vista Rehab and Health Care.
http://www.ucomparehealthcare.com/nhs/florida/terra_vista_rehab_and_health_c.html
(If the facility itself has a website, my quick google search didn't list it in the top results.)
Something happened--I'm not sure exactly what--at this facility, and they managed to get Cathy involuntarily committed to the psychiatric unit of Florida Hospital. That was Dec. 4th. It's now Dec. 20th and Cathy is still in the hospital, only the hospital is hellbent on getting her placed somewhere else (despite a court deeming Cathy incompetent just last Monday, if I were to arrive in Orlando today to pick her up she would suddenly no longer be considered as such, a fact which is extraordinarily interesting to me).
My mother and I both have been working on getting Cathy up here since the 4th. But it wasn't until today that I was able to work on it in earnest (because I'm on vacation from now until the end of the year). I wish, though, that I had begun documenting this entire ordeal from the beginning, because it has certainly been a test of my persistence and patience.
Last week I had to threaten the Nurse Manager, Carol, with legal action and/or media exposure to get Cathy's quality of care increased to what I consider to be a humane level. Here are some of the problems I encountered that I was advocating to have changed, as well as Carol's responses (she asked that I give her an opportunity to respond before I escalated the situation, which I happily agreed to do):
Whew.
Can I get this all done before Krismas?
Oh, and before I sign off I just wanted to note that I was also recording (with my video camera, unfortunately, because I can't seem to find a good app to record outgoing calls with [google voice records, but only incoming calls made to your google voice number]) each and every conversation I have had today. Well, each conversation I've had since I decided I really needed to capture this whole ordeal somehow.
Now...off for more calls, red tape, frustration, and anger.
http://www.ucomparehealthcare.com/nhs/florida/terra_vista_rehab_and_health_c.html
(If the facility itself has a website, my quick google search didn't list it in the top results.)
Something happened--I'm not sure exactly what--at this facility, and they managed to get Cathy involuntarily committed to the psychiatric unit of Florida Hospital. That was Dec. 4th. It's now Dec. 20th and Cathy is still in the hospital, only the hospital is hellbent on getting her placed somewhere else (despite a court deeming Cathy incompetent just last Monday, if I were to arrive in Orlando today to pick her up she would suddenly no longer be considered as such, a fact which is extraordinarily interesting to me).
My mother and I both have been working on getting Cathy up here since the 4th. But it wasn't until today that I was able to work on it in earnest (because I'm on vacation from now until the end of the year). I wish, though, that I had begun documenting this entire ordeal from the beginning, because it has certainly been a test of my persistence and patience.
Last week I had to threaten the Nurse Manager, Carol, with legal action and/or media exposure to get Cathy's quality of care increased to what I consider to be a humane level. Here are some of the problems I encountered that I was advocating to have changed, as well as Carol's responses (she asked that I give her an opportunity to respond before I escalated the situation, which I happily agreed to do):
- Cathy had told me, on a Tuesday, that she was to appear in court on the following Wednesday in order for a judge to decide whether or not to rescind the Baker Act (the legal process behind Cathy's admittance in the hospital). My mother had a nurse corroborate Cathy's story. Only when I spoke to the social worker, Tina, I was told that Cathy's court date had been the previous Monday and that Cathy had been asked if she wanted to attend and she'd refused. I'm still not clear on whether or not Cathy refused or if she wasn't allowed to go because of the isolation requirement (see below). Cathy says it was the latter. Carol said she would discuss the situation with everyone involved and ensure that valid information get back to me, and to Cathy, from now on.
- Cathy had been put into an isolation room while they waited for her prophylactically-given antibiotics for the potential presence of MRSA to run their course. Only after Cathy's TV broke (Cathy maintains it wasn't broken, it was taken away by Joanne [aka Nurse Ratched, according to Cathy]), they left her in isolation with nothing to do. No books, no puzzles, nothing to pass the time. I asked that her TV be repaired and Carol assured me that she'd find some books for Cathy to read. She (Carol) also gave me the mailing address for the hospital so I could send Cathy some items from Amazon.
- When I was on the phone with Cathy on a previous occasion, I heard Cathy tell someone that she wasn't finished with her breakfast yet. Then Cathy began to get very upset (i.e. yelling that she wanted more breakfast and that she was on the phone and they shouldn't have taken her breakfast) and got off the phone so she could get them to give her her food back. The next time I called, at 8 a.m. (this was on that same Tuesday, a week ago), Joanne told me that Cathy was eating and that from now on they wouldn't let patients talk while they were eating because of the ruckus that Cathy caused about her cereal last time. OK, this was somewhat reasonable, so I called back at 8:30 a.m. and asked again to speak with Cathy. Joanne told me that Cathy had just now gotten her tray and was eating. I asked Joanne why when I called earlier was I told I couldn't speak to Cathy while she was eating if, in fact, she wasn't yet eating? Joanne told me that she didn't say that. I immediately asked to speak with her supervisor (Carol). I suggested to Carol, and she agreed, that perhaps a better course of action would be not to take a patient's breakfast without first seeing if the patient is finished with it, and again she assured me that she would talk with Joanne and even explore changing nurses so Cathy and Joanne didn't have to interact.
Whew.
Can I get this all done before Krismas?
Oh, and before I sign off I just wanted to note that I was also recording (with my video camera, unfortunately, because I can't seem to find a good app to record outgoing calls with [google voice records, but only incoming calls made to your google voice number]) each and every conversation I have had today. Well, each conversation I've had since I decided I really needed to capture this whole ordeal somehow.
Now...off for more calls, red tape, frustration, and anger.
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