Archive for the ‘Fighting Prejudice’ Category

Fox News Megyn Kelly tries to smear cop victim Brown with false statement about autopsy

October 24, 2014

It is really disturbing to me for arrogant hate-mongers like Megyn Kelly to jump to false conclusions based on her layman interpretation of autopsy reports, as she did when she interviewed the Brown family attorney, Mr. Crump on The Kelly File on Fox News a few days ago.

The autopsy of cop shooting victim Michael Brown in Ferguson, Missouri, by Dr. Norfleet, says that he had a wound in his forearm from the back to front. Kelly said (and falsely assumed) based on some statement from another pathologist, Dr. Melinek, that this means he did not have his hands up. This is a false statement. (Note: that the front of the hand is the palm on an anatomic drawing with the arms down at the side of the  body). Also, Dr. Melinek states that she was misquoted in a pathology expert blog here.

Michael Brown could have had his elbow bent and his palm facing his face trying to reflexively protect his face and body from the volley of shots fired at him that seems clearly excessive and perhaps murderous by Officer Wilson.

Every shot is an isolated moment in time.  Each shot does not explain what happened before or after, nor does it explain motivation behind each shot or action.

The autopsy report is also consistent with an innocent person being grabbed by a wildly violent and bullying cop who threatened Brown by pulling out his gun while he had Mr. Brown at his car door, and then Brown with his hand trying to push the gun a way, before getting away from the car.

The witnesses said Brown had his hands up and was 20 feet from the officer’s car when he was hit by a volley of shots, after getting away from the car where the first shot to his hand occurred.

Witnesses said Brown was facing Ofc. Wilson at that point. The two shots to his chest and shot to his upper arm are consistent with that story.

If his right elbow was bent and his palm faced his face then the forearm wound would be “back to front”. It proves nothing about the position of his arms just before being shot by the volley from Ofc. Wilson’s weapon.

The fact that the chest wounds were somewhat  downward and both head wounds were clearly from the top downward means that Brown was either falling down with his head below the level of Ofc. Wilson’s gun or nearly crawling towards Wilson when Brown was shot in the head twice (one bullet at the top of his head downward and one from the forehead down through his face and out his jaw – not straight on backward, but downward).

The pathologist who made statements about the autopsy by Dr. Norfleet, Dr. Judy Melinek, cautioned that her statements were not definitive and that there were many possible explanations for the wound to his hand and arm.

The forearm wound could also have occurred if Brown was running away from Ofc. Wilson and had his arm down at his side, but who runs with their  palms facing forward?  This is unlikely.

The wound to his hand does not prove Brown was trying to grab the gun and shoot Ofc. Wilson.  It could also mean that Ofc. Wilson was trying to shoot unarmed Brown and Brown was trying to save his life by pushing the gun away!

Brown could have had his hands up, but when he started to be shot with the first bullets then turned his palm towards his face as he was falling down on his face.

The autopsy report can only collaborate the reports of witnesses.  I believe a half-dozen witnesses would not all lie about what they saw.

Clearly, the only way Brown could be shot in the very top of his head downward (as a tall man) by an officer, is if  his head was lower than the gun or at the level of the gun, which would have easily occurred as Brown was collapsing from the chest wounds and falling on his face.

Why would the  Ofc. shoot a man twice in the head when he is nearly on the ground after already shooting him five times?  That to me is homicide.

If Brown was committing a crime is not the issue. The degree of force used by Officer Wilson is the issue. Brown was unarmed! Whether Brown was 100 lbs or 300 lbs should also not make too much of a difference if, as the witnesses appear to be saying, Brown was not within arms reach of Wilson, so did not pose an immediate threat to him after he ran away from the police car.

The U.S. Supreme Court ruled in 1985 that it is not legal for an officer to use lethal force against a nondangerous suspect running away in the following case where police shot a 15 yr old in the back of the head and killed him, when he was trying to climb over a fence and flee after attempting a buglary: Tennessee v. Garner, 471 U.S. 1 (1985).

Memphis, Tennessee, 1974. Police are looking for a prowler. They spot an unarmed teenager in the back yard. He tries to get away, climbing over a chain-link fence. A policeman shoots the boy in the back of the head.

“The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect. A police officer may not seize an unarmed, nondangerous suspect by shooting him dead.”  Tennessee v. Garner, 471 U.S. 1 (1985).

Autopsy proves NYP killed Eric Garner

August 2, 2014

UPDATE: The New York Medical Examiner has ruled Eric Garner’s death a homicide [ clearly by cop – so lets get an arrest!].

Autopsy result reveal Mr. Garner died of being placed in a chokehold and his chest  compressed during arrest, with contributing factors his asthma, obesity, the position he was in and heart disease.   As a physician and pathologist I am convinced after viewing the video that not only did they kill him with illegal chokehold, but they were grossly negligent in not immediately starting CPR. This is such an egregious situation and willful and knowing misconduct that I believe anything less than severe criminal charges and penalties, plus a civil rights  suit with a huge award to the family would be total injustice.

This should teach paramedics that when a life is concerned they must intervene and ignore the police. These paramedics by REFUSING to do their job are accomplices and should also be punished and never again allowed to work as paramedics.

Death of Eric Garner in NYC gross negligence of officers and paramedics

July 21, 2014

I just finished viewing the videos of the arrest and death of Eric Garner. I believe he was not given sufficient time and space to comply with the officers. They appeared to gang up on him and bully him rather than tell him he was under arrest and for what and then allow him a little space and time to comply. They just vigorously acted like a dog  pack to bring him to the ground. He did not seem to provoke them on the video.

As a physician and medical researcher I believe that he was choked until he was struggling to breath and then his chest was compressed by position (forced hands behind his back when he was so obese they should have considered using more handcuffs or cuffing him in front as he did not seem to be resisting.  He complained about having difficulty breathing and they did nothing (didn’t help him sit up or take off the cuffs or put extra cuffs on to lengthen them so he wasn’t squeezed so much.

Then as he was  dying and losing his  pulse, becoming clearly unresponsive and not answering the officers, not one officer or  paramedic made any effort to carefully assess his level of consciousness, do mouth to mouth resuscitation or take an ambu bag and breath for him.  There was no CPR for more than five minutes on the video while he lay unconscious, totally unresponsive.

This is gross incompetence or willful medical neglect  or even negligent homicide.

I am appalled, but not stunned. The  Chicago Police and Cook County Sheriff as well as Cook County jail staff are just as bad. I am a victim of unlawful arrest, unlawful incarceration and medical neglect and abuse. I am lucky to be alive.

Hearings should be held in Congress and every state legislature about such cases which are far too common.  Any officer or paramedic who fails to intervene and attempt to save a life,  or attempt to at least keep a person breathing should be fired. There is no excuse for every officer on the scene and every paramedic on the scene not rapidly intervening. They are all trained in CPR and how to recognize when someone is unconscious or not breathing.  Apparently they are either prejudiced, incompetent, or inadequately trained.  I cannot rule out that the medical neglect was intentional on the part of some of the officers.

See:

http://illinoiscorruption.blogspot.com/2012/01/torture-of-dr-linda-shelton-in-illinois.html

http://cookcountyjudges.wordpress.com

http://cookcountysheriffdeputies.wordpress.com

 

 

 

Suggested plan to stop gun violence in America

December 29, 2012

SUGGESTED PLAN TO STOP GUN VIOLENCE IN AMERICA

TO BE DEBATED AND DISCUSSED BY EXPERTS IN ALL FIELDS

INCLUDING LAW, MILITARY, NRA, HEALTHCARE, MENTAL HEALTH, POLICE, PRISONS  AND JAILS, RELIGIOUS LEADERS, AND PUBLIC INTEREST GROUPS ON ALL SIDES OF THE DEBATE IN A TRANSPARENT MANNER!

  1. America has 5% of the world population but its citizens own 50% of the privately owned guns the world. Tax ammunition outrageously like we tax cigarettes. Considering outlawing owning more than a few weapons needed by one person to be a member of a militia unless they have extensive mental health examination and background check.
  2. Half of gun deaths are suicides.  Triple mental healthcare spending and  vastly improve access to mental healthcare.
  3. Vastly increase opportunities for teens and young adults for jobs and after school activities. Idle minds are the devil’s  playground. Re-instate the Civilian Conservation Corps started in the Roosevelt era.
  4. Outlaw high capacity ammunition magazines and give deadline to turn them in – do not grandfather them. An untrained person having      to change clips would slow down mass murders.
  5. Find better high tech way to ID guns so that if their numbers are filed off they can still be traced.
  6. Research and discuss ways of tracking and controlling the sale of ammunition and the sale of more dangerous types of ammunition, with consideration of putting limits on certain types of ammunition or finding ways of tracing the sale and usage of certain types of ammunition that are more deadly or meant for military mass murder situations, rather than hunting.
  7. Tax guns at enormous rate with goal of decreasing ratio of guns to number of Americans to half as many within 5 years. Increase availability of voluntary turn in of weapons without consequences.  Destroy weapons turned in and do not resell them.
  8. Outlaw semi-automatic rifles and handguns. Have a panel of experts including military and NRA representatives determine this issue. No grandfather clause.  Maybe allow some stored in gun clubs to mentally certified people, who have  undergone careful background check as to mental health as well as had an  interview by a trained psychologist. Do not allow storage of these weapons in a home where everyone is not certified.
  9. Massive education effort to teach not to stigmatize  mentally ill and to recognize need for mental healthcare.  Teach that most mentally ill people are  harmless, most gun deaths are NOT caused by the mentally ill, but that serious mass murders may be caused by a few very disturbed people who need  help BEFORE they murder someone.
  10. Research and find ways to identify loners and help them integrate into society, as well as find ways to identify when they are falling into psychotic mental illness and becoming dangerous to society like with the shooters in Oregon & at the Colorado theater.
  11. Massively increase training requirements for law enforcement officers and prison guards to include training about mental illness and psychology (at least one year of classes and rotation through  mental health facilities as part of code gray teams and counseling teams).  Three months of post high school      training is not adequate to be employed as a jail or prison guard.  This will take a 5-10 year transition as our police forces are so incredibly undertrained. Parole officers should be required even more training. Study how many peace officers were involved in murder with their own guns or whose guns were used for suicide or accidental shootings.
  12. Vastly improve our education system in the U.S. to  include domestic violence and pre-marital counseling, financial  responsibility, and child development, as well as mental health issues.  Require students to volunteer to help the elderly, the disabled, or the mentally challenged so they understand that the disabled and mentally  challenged are not automatically dangerous.
  13. Close loopholes so that NO gun may be exchanged or sold without check with a national database.
  14. Have intense discussion/analysis as to what diagnoses or mental certification should cause inclusion in database as the vast majority of the mentally ill are not dangerous. Forcing all that  have been treated or hospitalized for mental illness into a database would be grossly unfair.
  15. Judicial reform to take corruption out of our court system and vastly reform family courts thus lowering the extreme suicide rate among veterans and the population due to false defamation of character and wrongful termination of child custody rights.
  16. Do not put all felons in database as most are not  dangerous concerning guns – analyze this more carefully.
  17. Make national effort to put in place system to help wrongfully convicted felons overturn their convictions so that the database is not overtaxed by excessive numbers of people who are mentally  stable but wrongfully accused of being mentally ill or have been defamed and wrongfully convicted felons, or non-violent felons.
  18. Make higher penalties for storing weapons without trigger locks and other appropriate safety measures.

Newton, Aurora, Virginia Tech, Columbine – type shootings WILL NOT STOP and WILL ESCALATE until we educate about, make access easy to, and fund mental health care

December 16, 2012

I am a retired pediatrician in Chicago.  I also have a PhD in pathology and trained for six months in forensic pathology observing and participating in autopsies including many gunshot victims. In addition I was medical director of a mental health care group practice. I know what I am talking about as I have treated babies and children who have been boiled, beaten, shot, and shaken.  I have smelled their burned flesh and held their brain tissue in my hand.  I have attended their autopsies. The destruction of tissue by high-powered weapons is unbelievable.  Tissues explode inside of you as the tissue is vaporized and the bullets wobble and gas from heated vaporized tissue expands the damage. There is absolutely no reason for high-powered, high magazine capacity weapons for civilian use. I fear though that it will take decades to confiscate them all as there are millions out there and millions of high capacity magazines.  Too many people do not secure their weapons and too many can buy them without background checks. The ratio of weapons to people in this country is so astonishing it is beyond belief.  No weapons ban will fully work until we start taking this ratio down.

However we have to start somewhere like limiting the availability of high-capacity magazines and certain types of bullets.  Although limiting guns in UK and Australia has worked well, it won’t work so easily in America where 5% of the world population has 50% of weapons owned  by civilians!  What are we going to do?  Have a massive confiscation campaign?  Eliminate the 2nd Amendment? NO!  We must close the loopholes concerning background checks.  We must start banning semiautomatic weapons to some extent and slow down their  proliferation.  The number in this country already is more than we will ever need. We must link all background registries at the national level. BUT! How are we going to  define mental illness that makes a person dangerous and that deserves to put them on the registry?  How are we going to help wrongfully convicted felons clear their names.  Are all felons deserving of having a ban on owning fire arms?  I think NOT!

I was wrongfully  convicted of aggravated battery of an officer for “bumping” him with my wheelchair and sentenced to two years in prison, a false charge as Sgt. Anthony Salemi actually attacked me in my wheelchair, falsified his records and committed perjury. Now Chief Judge Evans in Cook County is banning all cell phones from courthouses as the eavesdropping law was declared unconstitutional so no citizen can document corruption of Sheriff officers and judges in courthouses even outside of the courtrooms!

We have no choice with this amount of weapons in our country and t he impossibility of banning them due to the numbers already out there, but to make schools as secure as courthouses.  This is the sorry reality and it will cost us dearly – causing fear in our children and enormous government expenditures. Our 2nd Amendment with the technological advances in weapons and astonishing proliferation of weapons in the hands of citizens in America make us a dangerous overly armed population.

We MUST increase the requirements for police officers training and education.  We have a pitifully under trained and corrupt law enforcement legacy in this country. Read my blogs in the following.  We are now even killing a whole lot of people unnecessarily with Tasers!

We also must MASSIVELY increase our funding for mental health care.  We need 30,000 certified child psychiatrists but only have about 5,000 in this country.  We have been forced to choose between drugging people and providing cognitive or talking therapy.  Drugging won as our healthcare system won’t pay to talk to anyone.  I believe however that talking therapies are critical and drugging often does more harm than good!

Those doctors who do procedures (cardiac and ortho surgery for example) get obscenely high payments while psychiatrists, psychologists, and general practitioners, as well as pediatricians and family practitioners are the lowest paid.  We also pay by the pound.  My patients (Vincent triplets) are in the Guinness Book of World Records as the “lightest triplets in the world” (1997 edition), yet I was paid $50 to put in central lines into ultra premees while vascular surgeons were paid $500 to put in central lines into adults! Go figure! Our priorities are goofy.

Our justice system is so corrupt that honest  harmless people like me are wrongfully convicted (in my case in retaliation for whistle blowing against corrupt police and officials – see my other blogs links to the right) and criminals know all the loopholes.  Some of the most dangerous people are very intelligent and also mentally ill yet are not even in the mental healthcare system.

I fear the backlash against most mentally ill people who are harmless.

I fear that people with post-traumatic-stress disorder (PTSD) will be discriminated against and labeled wrongfully as dangerous. I suffer from PTSD and although I am a non-violent pacifist, I cower and swing my arms in front of my head trying to defend myself against flashbacks of being beaten by corrupt  police (I have been beaten several times and falsely accused of attacking these officers – see my blogs: http://cookcountysheriffdeputies.wordpress.com and http://cookcountyjudges.wordpress.com). This massacre in Newtown has caused me to have more flashbacks revisiting seeing wounded and dying children in the emergency rooms where I worked in Chicago 10-20 years ago.

There is NO mental health care in America; no understanding, respect and compassion for the mentally ill; no support for their families; no help available; just disdain, disrespect, hatred, blame, and ignorance. LaPierre’s and others’ descriptions of mentally ill shooters as “lunatics” and other derogatory terms I would rather not repeat makes the defamation against the mentally ill even worse.

Would you blame a person for becoming sick with cancer or being born with a deformity?  Yet we blame the criminally insane and defame them as evil!  We are a very sick society!

I treated a boy who attempted suicide and when I was releasing him from the hospital, the major university children’s hospitals in Chicago and its suburbs said they didn’t take these kids in transfer who didn’t have insurance (Loyola University, Northwestern University Medical Center, Rush Medical Center, Christ Hospital affiliated with the United Church of Christ and part of Advocate Healthcare) they had a year-long waiting list (Mt. Sinai Hospital and Medical Center), they only took transfers to their mental health unit of persons on Medicaid who lived in their zip  code (University of Chicago); or such other lame excuses all due to the country refusing to pay for mental health care.

I tried to testify in juvenile court that an aunt who was trying to help her nephew, whose parents were in prison for murder, had a child who was dangerous due to his mental illness, a liar and that the aunt was not a child abuser. Instead the child needed hospitalization and mental health care for life. He may grow up to be a mass murderer.  His aunt was falsely labeled a child abuser due to the child’s lies without a legitimate fair due process court hearing. The aunt lost custody of the boy and his brothers. The children were placed in foster care or given to their criminal drug dealing and gang member relatives who the aunt had protected them from. He has already become a rapist and was in prison for a year. His brothers have become burglars and teen drug dealers under the wings of their relatives and the lives of the brother who were doing well with the aunt have been ruined by the Cook County judges and court system.   We need extensive judicial reform!  I would love to testify before Congress.

Instead the judge threw me out of the courtroom, declared I was not a reliable witness, instead listened to a child welfare worker who had a few months training after getting a bachelor’s degree in psychology, ended up destroying my career and now corrupt officials arrested me on many false criminal charges and jailed me in retaliation after I began this campaign to get help for these  people.  Read my other blogs: here, herehere, here & here. The corrupt officials who divert Social Security Title IV-D funds from helping families to judicial pensions and fees for incompetent court-appoint hacks who claim to do mental health evaluations and claim to evaluate family situations (child representatives and guardian ad litums in divorce and custody cases), vilify anyone who tries to change the system and get the country to really look at mental health care, custody decisions, divorce courts, and misuse of government funds because we threaten their illegal funding stream. Read about that here.

Until the Affordable Care Act (ACA) known as “Obamacare”, patterned after “Romneycare” in Massachusetts, is in full swing and expanded to deal with mental health care and cover all Americans as a universal single  payer health care system, none of these mothers will have help and the shootings will continue. Victims also need access to mental health care.

See my suggested 15 point plan to address gun violence and gun deaths in America here: https://twitter.com/DrLindaShelton (1/2 of them are suicides and most are not mass murders but are murders by people known to the victims – 11,000 per year in the U.S.  – compared to about 35-50 in either England or Australia who have both banned and confiscated weapons after mass murders in schools).

Please consider joining the group “Newtown United” on Facebook here: http://www.facebook.com/NewtownUnited

The following is a MUST READ that has begun this conversation: http://anarchistsoccermom.blogspot.com/2012/12/thinking-unthinkable.html

The following poem expresses all of our grief and sadness: http://newtown.patch.com/blog_posts/dear-santa-7cbef59a

Statement by former Representative and victim of shooting Gabby Giffords husband Kelly at her shooter’s sentencing excoriating the government and Gov. for not dealing with gun violence and mental illness: http://jezebel.com/5959149/gabby-giffords-husband-stares-down-her-shooter-gabby-and-i-are-done-thinking-about-you

Gov. Quinn – Please Pardon Debra Gindorf; Post-Partum Psychosis is an Illness NOT a Crime!

April 9, 2009

GOV. QUINN GRANTED DEBRA GINDORF HER CLEMENCY PETITION TODAY MAY 1, 2009 – REDUCING HER SENTENCE FROM LIFE WITHOUT PAROLE TO 48 YEARS. AS THE SENTENCING STATUTES AT THE TIME REQUIRE HER TO SERVE HALF THE SENTENCE, SHE SHORTLY WILL BE RELEASED. THREE PREVIOUS PETITIONS HAD BEEN DENIED BY PREVIOUS GOVERNORS AND HER PRESENT CLEMENCY PETITION WAS SITTING ON GOV. BLAGOJEVIC’S DESK FOR YEARS.

I THANK GOV. QUINN FOR HIS COMPASSION AND MERCY AS DEBRA GINDORF WAS A  POSTER CHILD FOR THE WRONGFULLY CONVICTED AND EXCESSIVELY SENTENCED. I STILL BELIEVE SHE WAS NOT GUILTY BY REASON OF TEMPORARY INSANITY DUE TO POST-PARTUM PSYCHOSIS AND ALL THE PSYCHIATRISTS WHO TESTIFIED AGAINST HER 24 YEARS AGO AGREE. I WISH HER WELL AND I’M SURE SHE WOULD THANK ALL HER SUPPORTERS OVER ALL THESE YEARS.

PLEASE WRITE OR CALL GOV. PAT QUINN IN SUPPORT OF PARDON THANKING HIM FOR FINALLY GRANTING THE CLEMENCY PETITION AT:

Quinn, Pat    217-782-6830
OFFICE OF THE GOVERNOR
CAPITOL BLDG RM 207
SPRINGFIELD IL 62706-1150 
AN E-MAIL I SENT TO GOV. QUINN TODAY:

I am appalled that former Gov. Blagojevic ignored so many clemency petitions [THOUSANDS]. I am writing to bring to your urgent attention one of the most egregious cases where a person was wrongfully convicted. I wrote a letter several years ago to the Prisoner Review Board as an expert on pediatrics and post-partum psychosis, on her behalf urging clemency.

This case is a national and international embarrassment to Illinois. I urge you to make it your FIRST ACT of clemency ASAP.

Ms. Gindorf was a 20ish single mother of two small children/babies 22+ years ago – she had been abandoned by the father and was very poor. In a psychotic act due to post-partum psychosis and due to EGREGIOUS neglect of friends, family, and the state in not providing her the medical/psychiatric/social service help she needed, she apparently heard voices telling her to kill herself and take her children to heaven with her. She was also deeply depressed about her personal situation.

A family member suffered the same after giving birth two times, but I and family were always there to help her through this time. Unfortunately NO ONE WAS THERE TO HELP MS. GINDORF.

As a result she carefully washed and dressed her children/babies and gave them an overdose of over the counter medication (I’m not completely sure about what medication but that doesn’t matter) and also took an overdose herself. However, being young, uneducated and naive, she didn’t give herself a big enough dose and woke up later finding her children dead.

She was charged and convicted of murder and sentenced to life without parole, because those many years ago the disease of post-partum psychosis was not recognized, and the murder of children always gets no sympathy form a jurors who are so overwhelmed with passion against the murderer that they don’t usually think fairly or rationally.

She was clearly innocent due to temporary insanity from the post-partum psychosis. All the psychiatrists and a half dozen others who have examined her since or who are nationally renowned now support clemency. No where else in the world, let alone the U.S. are we so irrational and harsh in treatment of women with post-partum psychosis who commit crimes. It is a national and international disgrace and a stain on Illinois.

PLEASE SHOW THE WORLD, ILLINOIS, AND MS GINDORF THAT YOU RECOGNIZE THE WRONG DONE TO HER AND GRANT HER A FULL PARDON. I BELIEVE SHE IS ONLY REQUESTING CLEMENCY. Please pull out her clemency petition from the pile and review it first.

In Europe, women with this illness who murder their children are sent to a mental hospital for two years and released. High-profile cases where a woman drowned her five children have resulted in not guilty verdicts due to post-partum psychosis. PLEASE SHOW THE WORLD THAT ILLINOIS IS COMPASSIONATE AND BRING IT INTO THE 21ST CENTURY NOW BY IMMEDIATELY GRANTING A FULL PARDON TO MS. GINDORF. I’m sure she will be shocked if you pardon her and not just release her with clemency.

Gov., I believe you are a rational, honest, and hard-working leader. Please reveal this to the world by taking this action!! I do not know Ms. Gindorf, but she deserves your mercy and a chance to recover some small amount of money from the state for wrongful incarceration and the way she has been mistreated by the courts. 22+ years in prison when she is innocent due to a transient mental psychosis is simply barbaric. Within a year of the “crime” she no longer was a danger to society or anyone. She is punished daily with the knowledge that she took the lives of her children, but has received mental health care and now copes with this reality.

This is a treatable illness that even goes away on its own within 6 mo to a year after the child’s birth and only recurs with pregnancy. It is treatable even after subsequent pregnancies. Ms. Gindorf, due to her age, no longer has the option of pregnancy so she is not a risk to anyone.

I am available for discussion at any time about the details of post-partum psychosis.

May the Lord give you the wisdom and strength to act quickly and boldly to reverse this injustice. I know you have a lot on your plate, but his action is sorely needed and will make you and all of us in Illinois feel a little better about admitting our mistakes. Please give Ms. Gindorf justice.

Yours truly,
Linda Lorincz Shelton, Ph.D., M.D.

For more information see: http://www.left-bank.org/FreeDebra/debra-story.htm

Help Save Economy by Saving Billions with Judicial/Prison Reform – Stop Torture

March 12, 2009

In Illinois, a hotbed of government corruption, billions could be saved with judicial, prison, and jail reforms. More could be saved by eliminating the 10% kick-backs to political funds expected of all those who contract with the state and counties.

If we cut the 40,000 daily Illinois prison population in half I estimate Illinois could save 1.2 billion dollars per year. We would still be incarcerating 20 X more people per capita than any other civilized country.

For every decrease in 1000 inmates from its historic high of 10,000 daily inmates, Cook County Jail could save the county 18 million dollars. What purpose does it serve to incarcerate thousands of people for minimal non-violent crimes pre-trial who can’t afford to pay a $100 dollar bail bond? How do lengthy prison terms without rehabilitation help decrease crime and make productive citizens out of those with drug addiction and alcoholism? How does using prisons as mental health treatment facilities make our State safer? Do prisons and jails provide so much better mental health care than hospitals and clinics? Perhaps mental health care is simply NOT AVAILABLE in Illinois to those on Medicaid! See:

http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html

Also the grotesque torture, medical neglect, and brutality in Illinois jails and prisons could be reduced and true rehabilitation, along with better parole supervision, mental health treatment and drug addiction and alcoholism treatment provided with even a quarter of the resulting savings. I would estimate this would also have a MAJOR impact on reducing crime and increasing tax revenues from a larger number of productive citizens.

For more details see:

http://illinoiscorruption.blogspot.com/2009/03/vastly-undertrained-and-abusive-cook.html

Rep Monique Davis Addresses Issue of Spread of HIV in Prison

February 14, 2009

Monique Davis, a representative in the Illinois House introduced a bill to allow inmates in prison and jails to possess a condom in order to descrease the spread of HIV and hepatitis. She is hailed as a hero and vilified at the same time.

Our country is nothing but a bunch of prudish people, wearing blinders, who refuse to recognize reality. Sexual drive is normal and unstoppable. Did you ever hear the phrase “gay for the stay.” This is forced on inmates and it generally is NOT a choice.

If one is imprisoned, one will masturbate. This is a normal daily human activity. Without masturbation sexual tension builds and violence increases. Yet this is an infraction in prison and when the inmate is caught “beating off,” they are disciplined. This is cruel and unusual punishment. Masturbation should not be an infraction.

I have personal knowledge of a male prisoner at CCDOC picking the lock between his and another woman inmate’s cell in the TB unit at CCDOC where each two cells have a common small medical storage room between them and then going to it, being caught with his pants down. The rate of rape in two or more man cells is astonishing. Ask the men, especially the young men. They submit or die. The sound of women in dual cells stimulating each other is so loud at times, especially when the officers are at the other end of the large units and understaffed that others can’t sleep.

Even guards are raping the women. I turned over affidavits to the U.S. Attorney about this one and a CCDOC officer was caught with his pants down on an elevator while he was transporting a woman inmate in the jail. Sooner or later America will have to deal with this issue in a realistic manner. If you are going to house inmates who suffer from HIV and hepatitis with other inmates who are disease free, than the least you can do is protect them. The inmates DON’T have a choice. Guards DO NOT protect them.

Read Amnesty International’s web site and get a dose of reality. Representative Davis should be honored for bringing up the subject, although her bill is flawed. Part of the increasing rate of HIV and hepatitis in this country is because we have 40 times more prisoners than any country or the same number of prisoners as China, which has 4-5 times our population. Our justice system is broken. With 2 1/2 million in prison and jail that is a lot of HIV and hepatitis being spread around and eventually is brought home to the community when the inmates are released. Ask yourself how other civilized countries can be safer than ours yet inprison 1/40th of the population we imprison? In Illinois we have 40,000 state prisoners. In Europe, a country with the same size population would imprison 1,000 people. We are not doing things right. We are not dealing with drug and alcohol addiction up front where the costs are less. We have not legalized marijuana. After prohibition was instituted, crime went way up; when it was removed, crime went down. We have not dealt with mental illness, instead we have de-institutionalized and then not provided funding to provide supervision and assistance outside of institutions. We have dumbed down and destroyed our education system. Teacher’s colleges give such a minimal and poor education it is pitiful, although they seem to try. Our college education is equivalent to a high school education in Europe, Taiwan or Japan. Poor choices make poor results. It is time for our government to wise up.

You can ignore a problem, say it doesn’t exist, and deny it until you are blue in the face, but it will come back and bite you eventually. The costs of ignoring this issue are staggering. It doesn’t just affect prisoners and their families. When inmates bring sexual diseases back to society, they spread, as the reality is not everyone is celebate or faithful to their spouse or sexual partner.

Judge Alonso Overturns Federal Medicaid Code – Denies Mental Health Care to Illinoisans on Medicaid

February 12, 2009

Dr Linda Shelton, who has devoted her life to service of others and particularly to providing medical and mental health services to the poor will be completely destroyed in two weeks with a false conviction for Illinois Medicaid Fraud simply for trying to help people on Medicaid obtain mental health care. Please read the following and help any way possible. I thank anyone who will help me.

This is a story epitomizing government corruption and greed, retaliation against whistle blowers, and gross government incompetence brought on by decades of fraud, patronage, and nepotism in Illinois.

Judge Jorge Alonso ruled on my pending criminal case where I am charged with Medicaid fraud that “substitute billing is illegal”. This is where a doctor sends a bill to the insurance company for services performed by his employee such as the service of a nurse administering a vaccine or a psychologist administering a psychological test, or a cast technician applying a cast. In my case the Illinois Attorney General claims that if a doctor bills Medicaid for counseling (for drug addiction, post-traumatic-stress disorder after rape, obsessive-compulsive disorder, depression, dementia, etc.) if the counseling or psychological testing was done by an employee and not directly by the physician then it is a felony crime.

If substitute, also known as incident to, billing is illegal than ALL doctors in Illinois are guilty of a felony crime of fraud! God Help Us! Judge Alonso is so eager to railroad me and convict me that he is violating his oath of office to uphold the laws of the land and the constitution. Due process, guaranteed by the Bill of Rights REQUIRES that he follow the law. He is BLATANTLY violating the law, either maliciously or ignorantly due to his arrogance, incompetence, bias to run and support the alleged prosecutor AG Lisa Madigan, or his ego.

Physicians are NOT trained to do psychological testing for personality disorders or mental illness. Psychologists at the master’s and Ph.D level are trained to do so. These tests are invaluable in helping determine the right diagnosis and the right course of treatment. Judge Alonso has ruled that those on Medicaid are not eligible for this type of evaluation and treatment as a result of his illegal and unconstitutional ruling.

Many non-physicians are licensed in Illinois and all states to provide Psychiatric & Psychological Services:

1. nurses 225 ILCS 65,
2. clinical psychologists 225 ILCS 15,
3. licensed social workers 225 ILCS 20,
4. licensed clinical professional counselor 225 ILCS 107,
5. licensed marriage and family therapist 225 ILCS 55 and 68 ILAC 1283

Judge Alonso’s illegal ruling denies all of these people the RIGHT to practice their profession and denies the citizens of Illinois on Medicaid the Right under the Federal Medicaid Act to access to care equivalent to the care provided in the community.

Federal Judge Joan Lefkow ruled in August 2004, at the end of a 12 year civil rights class action suit that “Illinois Medicaid Policies and Procedures are in Violation of the Federal Medicaid Code because they Deny Access to Care” to children on Medicaid. This ruling is applicable to all Medicaid patients but the ruling only applies to children. It needs to be expanded to cover all Medicaid patients.

The Federal Medicaid Code, 42 U.S.C. 1396A(a)(30)(A), [regarding adults and children covered under Medicaid and the EPSDT program] REQUIRES any State Medicaid program funded by the federal government to provide care equivalent to that obtainable from private insurers in the community to Illinois Medicaid clients.

Therefore, Judge Alonso’s ruling is unconstitutional, unfair, illegal, and amounts to his ruling to overturn the Federal Medicaid Code as well as Illinois Statutes licensing non-physician providers of mental health services. As > 80 % of mental health services are provided by non-physicians this essentially shuts out mental health services to all but a few in Illinois who are poor.

The Federal Court and U.S. Attorney should intervene as this is illegal and also a violation of the Americans with Disabilities Act in terms of discrimination.

As to my case, I am charged with billing for mental health services never done and substitute billing for mental health services between June 2000 and April 2002 while “working” at Right Frame of Mind & Associates (RFOM). Over the last six months when I obtained access to the old business records for RFOM I discovered the fact is that the year before I started working for a group practice called RFOM, part-time providing chart review for quality, consultation about medical and psychiatric policies and procedures, and limited patient care, two woman, who were partners with the CEO and without the knowledge of the CEO, in 2000 fabricated hundreds of patient encounter forms (filled out by doctors or therapists as to what patient they saw, the diagnosis, and what service was provided), that are later translated into bills or invoices by the billing agent, for services they never did. These two women, Itadel Shalabi and Nareman Taha never met me as they were fired before I started working there in 2001.

I had major neurosurgery in July 2000 due to a congenital spinal problem that was crushing my spinal cord and leading progressively towards quadraplegia. I was incapacitated for six months and heavily sedated with narcotics and other drugs for much of that time. I had agreed in early 2000 at the request of the CEO to be one of a dozen or more part-time medical directors to oversee quality of care, screen for medical disorders mimicking psychiatric disorders, help train the counselors to write better notes (many were foreigners with good counseling skills but a little difficulty with English writing), advise the CEO on best medical practices and standard of care, and provide physician services to patients needing medications.

I or my staff while I was in hospital gave the CEO my Medicaid provider number and other necessary documents so that the company’s billing agent Louise Moore of Data Medical Works could sign me up with Medicaid as a provider for the group so that they could bill for my services when I began to work, if I recovered, in 2001.

Ms. Moore I never met at the time was a sweet lady who is ignorant of a lot of things. She held herself out to be a expert at medical billing and she signed a contract with the CEO in early 2000 to set the group up legally to bill Medicaid. Nothing she did was actually proper, but it was not her own fault. She failed to tell the CEO he would be paid more if he had his group certified as a community mental health center. She was totally ignorant of the concept of community mental health centers (or the drug addiction and alcohol treatment centers – another center with its own enabling State Statue).

Under the Community Mental Health Service Act mental health groups that become certified bill Medicaid under the Center’s name and not under the doctor’s name. They also contract with the Illinois prisons, and/or DCFS (Illinois Child Welfare) or other agencies to provide comprehensive mental health services. They must have at least one medical director, but the director is an administrator and doesn’t have to see patients. Ph.D. psychologists or doctors or licensed mental health providers can supervise non-physician mental health service providers and bills can be sent in to Medicaid under the center’s name for all these services.

Ms. Moore ignorantly thinking (falsely) that her contract allowed her to sign the names of Right Frame of Mind employees on to any form signed my name in August and December 2000, without my or the CEO’s knowledge or consent, on a power of attorney form, an alternate payee form, and a blue cross/blue shielf electronic partner trading agreement form, which are all required to allow her to translate the patient encounter form to an electronic invoice and send it over the wire to BC/BS for adjudication, who then sends it to Medicaid, who then pays abut 30-40 cents on the dollar to the Alternate Payee (in this case RFOM).

Ms. Moore had spoken to the Medicaid Provider Service Unit about how to register the non-physician providers to bill Medicaid. She was told that non-physicians cannot bill Medicaid, was NOT told that a better way to bill was as a community mental health center or how to sign the group up as a community mental health center, and told that all bills (invoices) had to have a doctor’s name as the provider.

Then Ms. Moore, without my or the CEO’s knowledge changed the provider name in preparing invoices from Itadel Shalabi’s and Nareman Taha’s fraudulent patient encounter forms to my name so she could bill under my Medicaid Provider Number. I don’t believe that Ms. Moore had ANY knowledge of the fraudulent nature of the Patient Encounter Forms made by these two women.

Therefore the ghost billing charge is a result of ID Theft, resulting from both fraud by these two women and a comedy of errors by incompetent people advising Ms. Moore in the Medicaid Provider Service Unit, as well as her own blundering ignorance. I am totally innocent having not participated in any way in generating these bills or in receiving or using the money paid for them by Medicaid.

Ms Moore unfortunately is also guilty of mass fraud in all the work she has done in the past decade or more. It is illegal for an insurance biller to bill Medicaid based on a contract where they are paid by the percentage of funds received from Medicaid by the provider. Ms. Moore charged around 8% of all billings. This is illegal and considered fraud as it ties the billers service, which has nothing to do with the medical care provided, with the doctor’s service. Therefore, if she billed for a $100,000 procedure by a heart surgeon she would be paid $8,000 for sending in one bill, while when a family doctor bills $100, she would be paid $8. Providers of services to doctors are NOT ALLOWED to tie their services to the income from the actual medical provider. She MUST BILL ONLY by the piece of work such as $8 per bill. However, she has not been indicted for Medicaid Fraud and has not been sued by RFOM for Fraud in holding herself out to be an expert on billing when she was not.

The second aspect of the charge is substitute billing. I signed a Power of Attorney Form and Alternate Payee Agreement in August 2001. I was informed by the CEO sometime in late 2001 or early 2002 that the group was told by Ms. Moore that the counselors’ and psychologists’ services had to be billed under a doctor’s name so that bills on patients I had seen, but for dates of service when they were seen by a non-physician were being billed under my name. I had assumed that the billing agent was competent and doing the billing properly. I had assumed that substitute billing for employees services in mental health care was as legal as billing Medicaid for my nurse giving a patient a vaccine. I had no idea at the time that anyone considered substitute billing illegal. I had no knowledge that Ms. Moore had actually sent in tens of thousands of dollars worth of bills under my name before August 1, 2001 based on documents she forged and the fraudulent patient encounter forms from the above two women. Therefore, I told the CEO that was fine. I was not involved in billing or administration of the group except to fill out patient encounter forms when I saw a patient. I had a good faith belief that all was well.

I had also had an agreement that being part-time the business would limit my patient panel to 200 patients as I did not feel that part-time doctors should supervise the care of any more patients than this number.

Since Judge Alonso has unconstitutionally and illegally ruled that substitute billing is illegal I will be found guilty and likely sentence to prison for 4-15 years, as well as forever lose my medical license and reputation, along with my livelihood, future, friends, health as medical care is inadequate in prison and I am disabled with several serious medical disorders, and will to live. I have informed the U.S. Attorney, FBI, at the time Senator Obama, Senator Durbin, and now Senator Burris along with a lot of Congressmen and other Sentators and State legislators. I am receiving no assistance to solve this problem and restore mental health care in Illinois to those on Medicaid.

In late 2001 Ms. Lovett, Ms. Collins and others from the Office of Inspector General Medicaid contacted the RFOM and claimed that they needed to review some charts as a “standard review of a new practice to help us comply with the rules”. We completely complied and Ms. Lovett came out in 2001. She told the CEO the charts were well done and she would give us a report in 90 days. The CEO was actually very happy about this review because he wanted to make sure that our group practiced with the highest quality and had the best quality charting in the business. They never gave us a report or any feedback and their only response was to initiate a felony prosecution which culminated in the indictment of selectively me (and not one other of the dozen or so medical directors doing the same job – perhaps because only the CEO and I were whistle blowers about Illinois Governement Corruption and mistreatment of children in foster care and on Medicaid by the State) and the CEO.

After a number of months with NO feedback and strange comments from the Illinois State Police Medicaid Fraud Unit (part of the Illinois Attorney General’s Office), where the CEO had gone to inform them that he was concerned abut the integrity of our medical records because he had fired Itadel Shalabi and Nareman Taha for other administrative misconduct and inappropriate behavior with patients and they stole a hundred or so medical records (eventually returning parts of them) I began my own investigation of the rules of Medicaid. The State Police have not arrested them yet.

The CEO, I had learned over about a year was much more naive than I thought about running the business. I had assumed that he was qualified as an administrator and found out he was not. Finding out about the stolen charts and the lack of feedback from the OIG-Medicaid on this “routine review” concerned me. I was also concerned because in April 2002 the CEO told me that Ms. Collins at OIG-Medicaid had informed him to talk to Mr. Brown at Medicaid because there was a problem with the way our group was set up. Mr. Brown told the CEO that RFOM could not be a proper alternate payee under their rules and he apologized for misleading the CEO when the group was originally set up in 2000. He told the CEO that Medicaid could not continue to pay the group unless it was owned by the doctors. The group was the sole proprietorship of the CEO a master degreed psychologist. The CEO said OK, hired an attorney, and asked several of the doctors to be the officers of the group as it changed to corporate status. The corporation was set up so that the doctors would not actually profit from the corporation but were only paid by the hour for their work. The CEO was going to make a profit from managing the corporation. However, no profit was ever made as all the income went to overhead, particularly paying the counselors and doctors their salary and/or hourly rate. The CEO actually put in $100,000 of his own money to meet payroll before he closed the business as no viable financially. My total income from the group was about $5000 over all the time I worked there from 2001 to 2003. I always told the CEO to pay the other employees first and my work was only very limited and part-time.

Beginning in 2002, I researched the Federal and State Medicaid rules, policies, and laws so that I would be able to meet my fiduciary duty to participate in running the corporation at least from an advisory point of view. I discovered the following and this is why I told the CEO in mid 2002 and maintain this belief, that substitute billing is perfectly legal and actually REQUIRED by the Federal Medicaid Code as well as NOT PROHIBITED by Illiniois Statutes or Illinois Adminstrative Rules:

Federal and State Medicaid laws are extensive, complex, and immensely confusing. The State of Illinois is misusing them to indict doctors, psychologists, administrators of psychiatric and psychological practices for “Medicaid Fraud” when they are actually following federal law and providing needy services including counseling, drug treatment, suicide prevention, etc. Attorney General Lisa Madigan and Jim Ryan before her have targeted especially those groups run by whistle blowers, in order to falsely claim they are tough on fraud, to prevent Illinois from paying the bill for mental health services for the poor and needy on Medicaid, and reduce the bottom line.

A claim of “tough on fraud” will help AG Lisa Madigan win election as Governor. Failure to provide mental health care including drug addiction and alcoholism treatment leads to increased crime as drug addicts, alcoholics, and those that are so out of touch and mentally ill find alternatives to legitimate work to feed their habits or survive. Failure to provide adequate mental health care at the front end leads to much higher costs in the long run.

Code of Federal Regulations 42 CFR 414.34 states:
“Payment for services and supplies incident to a physician’s service”
“(b) Services of non[-]physicians that are incident to a physician’s service. Services of non physicians that are covered as incident to a physician’s service are paid as if the physician had personally furnished the service.

United States Code42 U.S.C. § 1396d(a)(5)(A)
requires reimbursement for “physicians’ services furnished by a physician.”

Code of Federal Regulations 42 C.F.R. § 440.50
The HHS rule implementing the Medicaid Act defines “physician services” to include services provided:
“(a) within the scope of practice of medicine or osteopathy as defined by State law; and
(b) by or under the personal supervision of an individual licensed under State law to practice medicine or osteopathy.”

United States Code42 U.S.C. §1396a(a)(32)(C)
Congress further authorized substitute billing under Medicaid for services furnished:
“by, or incident to the services” of another physician

Federal Regulation66 Fed. Reg. 55268
HHS makes clear in its preamble to this rule that it does not restrict the type of auxiliary personnel who may perform a given “incident to” service: “We deliberately used the term any individual so that the physician (or other practitioner), under his or her discretion and license, may use the service of anyone ranging from another physician to a medical assistant.”

Code of Federal Regulations42 CFR 411.15
“Particular services exclude from coverage” specifically states that:
“(m) (3) Exceptions. The following services are not excluded from coverage:

•(iii) Nurse practitioner and clinical nurse specialist services…

•(v) Qualified psychologist services,”

FEDERAL PREEMPTION SUSTAINED BY FEDERAL 2ND CIRCUIT COURT OF APPEAL
•A Federal suit for a psychiatrist against the New York Medicaid Program based on its refusal to approve Medicaid was agreed to for reimbursement for services provided by his employees under his supervision. Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980), aff’d, 644 F.2d 131 (2d Cir. 1981), cert. denied, 455 U.S. 908, 102 S. Ct. 1255 (1982).
The court determined that the federal Medicaid rule at 42 C.F.R. §440.50 defining “physician services” unquestionably included supervisees other than the physician, just as the same rule must apply here to vacate Plaintiffs’ indictments. Id. at 1363-64.

State Medicaid must Provide Services 42 U.S.C. 1396a(a)30(A)
•Federal Code clearly mandates that State Medicaid plans must provide services to recipients of Medicaid and payment to their service providers equivalent to care and services provided to the general population by private insurers
•Private insurance pays for psychiatric services provided by counselors and psychologists
•RFOM CEO and other employees, besides the physicians were licensed counselors, nurses, psychological therapist, or social workers, per CEO

42 U.S.C. 1396a(a)30(A)
A State plan for medical assistance must
Provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan . . . to assure that payments are … sufficient to enlist enough providers so that care and services are available under the plan … at least to the extent that such care and services are available to the general population in the geographic area“,

Ambiguous State Laws Must be Interpreted to Conform to Fed Law
•The Federal 7th Circuit Court of Appeals has also construed ambiguous state regulations to conform to federal Medicaid requirements,
•an approach worth revisiting here with respect to Sections 140.411 and 140.413 of the Illinois Administrative Code.
•See Evanston Hosp. v. Hauck 1 F.3d 540 (7th Cir.1993), cert. denied, 510 U.S. 1091 (1994).

I (SHELTON) CONTINUES HER OWN INVESTIGATION OF BILLING PRACTICES – 2002-2005

•Shelton discovers that Physician Medicaid Manual has inconsistencies, in one place stating bills for employees billed under doctor’s name, and in another place stating that no psychiatric services can be billed for non-physicians, yet in another place stating that non-physicians may provide psychiatric services and Medicaid may be billed. She also discovered the Illinois Community Mental Health Center Code.

Illinois Administrative Code (IAC)
89 IAC 140.12

“Services Not Covered by Physician”
DOES NOT MENTION psychiatric services by non-physicians

Illinois Administrative Code
89 IAC 140.400(a)
“Payment to Practitioners”
“2) A practitioner may bill only for services he or she personally provides or which are provided under his or her direct supervision in his or her office by his or her staff.”

Illinois Administrative Code
89 IAC 140.411

“Covered Services by Physicians”
“The Department shall pay physicians for the provision of services not otherwise excluded which are:
. . .
c) Provided by the physician or by a member of the physician’s staff under the physician’s direct supervision

Illinois Administrative Code
89 IAC 140.413

“Limitations on Physician Services”
that “limitations” on physician’s services include that psychiatric services will be paid for if they are “. . . provided by a physician . . .” [It does not exclude non-physician services and it is a reasonable inference to conclude the definition of “physician” include the services of non-physician employees, under the doctor’s supervision as defined in 89 IAC 140.400 & 411]

How does this negate previous definition of “physician services” which include incident services by his employees?

UNCONSTITUTIONAL STATE CLAIM
State falsely claims use of word “physician” in 89 IAC 140.413 negates definition of
“physician services”, which includes incident services by physician’s employees as defined in 89 IAC 140.400(a), 89 IAC 140.411

State falsely claims that federal law does not apply and statutory construction rules don’t apply
Judge Alonso previously illegally ruled that the Federal Medicaid Code does not apply in this case despite the fact the Illinois Medicaid is a joint federal/state program partially funded by the Federal Medicaid Code!

IAC TOO VAGUE
•Criminal Laws are invalid if too vague to understand (“void for vagueness doctrine”)
•Illinois Administrative Code too vague in sections:
89 IAC 140.12,
89 IAC 140.400,
89 IAC 140.411, and
89 IAC 140.413
Illinois Administrative Code
•Why should 89 IAC 140.413 have more weight than 89 IAC 140.12?
•Why should the definitions of physician services in and 140.411 not apply to the term “physician” in 89 IAC 140.413?

STATUTORY CONSTRUCTION RULES REQUIRE (Regarding interpretation of conflictin State Statutes)
Specific Controls over General
•89 IAC 140.400 & 89 IAC 140.411
more specific “physician services” includes non-physician employee services
•89 IAC 140.413 general word “physician” with no definition of what services this includes cannot by exclusion negate previous more specific definition of services provided by physician

Federal Law Rules
42 CFR 414.34
Services by Physician’s staff are billed as IF the Physician Performed the Services Himself

If State and Federal Law conflicts, Federal Law Rules
Due to the Supremacy Clause of the United States Constitution

FEDERAL LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•The Federal Medicaid Code requires that State Medicaid programs pay for periodic mental health screening and treatment of any defects in mental health for children under 21:
• 42 USC 1396d “Definitions For purposes of this chapter
• (r) Early and periodic screening, diagnostic, and treatment services

•The term ‘early and periodic screening, diagnostic, and treatment services’ means the following items and services:
• (1) Screening services –
• (A) which are provided –
•(ii) at such other intervals, indicated as medically necessary, to determine the existence of certain physical and mental illnesses or conditions;
• . . .
•(5) Such other necessary health care, diagnostic services, treatment, and other measures described in subsection (a) of this section to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan.”

STATE LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•89 IAC 140.485 states:
•“Healthy Kids Program
•Program Description
–The Healthy Kids Program is the Early and Periodic Screening Diagnostic and Treatment Program [EPSDT] mandated by the Social Security Act (see 42 U.S.C. 1396a(43), 1396d(4)(B)(Supp. 1987)). The goals of the program are to:
•Improve the health status of Medicaid-eligible children ages birth through 20 years through the provision of preventive medical care and early diagnosis and treatment of conditions threatening the child’s health
•…
•8) Treatment. The Department shall pay for necessary medical care (see Section 140.2), diagnostic services [i.e. psychological testing], treatment or other measures medically necessary … to correct or ameliorate defects, physical or mental illnesses….”,
•The Illinois Public Aid Code [AKA Medicaid Act], 305 ILCS 5/19(f) requires that EPSDT screening and mental health treatment be provided to children in the Medicaid program:
•“5/19. Healthy Kids Program
•(f) Covered Medical Services. The Illinois Department shall provide coverage for all necessary health care, diagnostic services, treatment and other measures to correct or ameliorate defects, physical and mental illnesses, and conditions whether discovered by screening services or not for all children eligible for Medical Assistance under Article V of this Code.”

Dr Shelton was a Medicaid Registered EPSTD Provider

Therefore ANY REASONABLE person would conclude that the law permits substitute billing for mental health services whether it be another physician covering for the doctor, or a non-physician supervised by the doctor or her colleagues. If you don’t agree than the void for vagueness doctrine should clearly negate and prevent any criminal charges for substitute billing.

God Help Me! I am innocent and destroyed. This is my reward for devoting my life to service particularly of the poor and needy. If you want to help, contact the Illinois Reform Committee and flood them with letters. Contact the U.S. Attorney and FBI and flood them with letters. Contact your legislators and Congressmen and flood them with letters. Come to the trial on February 17, 2009 which will last two weeks and fill the gallery so that the judge knows your opinion. Contact the press. Donate to my legal fund anything possible. I need tens of thousands of dollars. Shelton Legal Fund, C/O Albukerk & Associates, 3025 W. 26th St. 2nd Floor, Chicago, IL 60623. Thank you if you help.

Re-Integrating >600,000 Ex-Cons per Year and Growing – Give your Suggestions!

December 21, 2008

Please consider a jobs program for organizations to design and implement programs to re-integrate, provide mental health care, provide drug abuse treatment, provide family therapy, and supervise ex-cons and to train and employ ex-cons. > 600,000 convicts are released every year and this is growing due to the failed policy of the last 30 years to be “tough on crime.” What good does it do to squash prisoners like a bug, destroy their families, destroy their health, destroy their future career potential, and fail to provide even an iota of rehabilitation?

Part of our economic problem is that we are destroying and wasting so much human potential. If we employed these people and the prisons guards and employees, as well as reduce the number of prisoners in half with alternative sentencing for non-violent criminals, drug abuse treatment, and mental health care – our workforce that pays taxes and contributes to society will grow at an astonishing rate (including ex-cons, ex – prison employees, and the ex-cons’ families who were living on the dole) and our productivity will increase.

 Please give your creative suggestions about how to achieve this.  Think outside the box! Be innovative!


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