Cyberonics reneged on its "Lifetime Reimbursement Guarantee". Click on the image to learn how you can help...
Showing posts with label United States Secretary of Health and Human Services. Show all posts
Showing posts with label United States Secretary of Health and Human Services. Show all posts

Saturday, September 6, 2014

VNS Therapy for Depression

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Saturday, September 06, 2014 10:43 AM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: VNS Therapy for Depression

Dear Madam Secretary Burwell,

I would like to take this opportunity to inform you of a forthcoming presentation by a distinguished psychiatric professional Dr. Scott Aaronson relating to Neurostimulation for Mood Disorders.

I do so in the hope that you would instruct your professional staff within CMS to attend doctor Aaronson’s lecture in the hope they might better educate themselves as to the seriousness and life threatening illness of MDD (Major Depressive Disorder).  At the same time I would also hope that they could come away with a far better understanding as to the dire need for newer treatment options for these patients simply because the conventional therapies costing this country trillions of dollars are ineffective for this patient population.

With that said, I am once again appealing not only to your heart but rational judgment to issue a “Compassionate Use” document for all those VNS Therapy Depression patients already implanted and in dire need of health insurance coverage to maintain their wellness.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

---------------------------------------------------------------

NOTICE OF CONFIDENTIALITY / Disclaimer

---------------------------------------------------------------

Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use,

Neurostimulation for Mood Disorders

Neurostimulation for Mood Disorders

September 05, 2014 | US Psychiatric & Mental Health Congress 2014, Electroconvulsive Therapy, Mood Disorders, Transcranial Magnetic Stimulation

By Scott T. Aaronson, MD

Q&A

We have asked Dr Scott Aaronson to answer questions on neurostimulation as it relates to the treatment of mood disorders. He is speaking at this year’s PsychCongress in a presentation titled “Neurostimulation in the Treatment of Mood Disorders.” Dr Aaronson is Clinical Associate Professor in Psychiatry at the University of Maryland School of Medicine and Director of Clinical Research Programs and TMS Services at the Sheppard Pratt Health System in Baltimore, Maryland.

Q: What is neurostimulation and why do we need it?

A. Neurostimulation is a modulation of the central or peripheral nervous system by electrical or magnetic impulses. This is commonly used in neurosurgery and neurology for a variety of applications, including pain management, hearing and visual prostheses, and control of Parkinsonism. There is a long history of psychiatric use related to electroconvulsive therapy (ECT), but more recently, devices providing vagus nerve stimulation (VNS) and transcranial magnetic stimulation (TMS) have both been cleared by the Federal Drug Administration (FDA) for use in depression. Several other devices are currently in the process of review by the FDA or undergoing clinical trials.

There is a tendency to look at somatic therapies for depression being exclusively through neurochemicals, but the brain is as much electrical as it is chemical. After 4 decades of antidepressant drug development, we have not moved much beyond the monoamine hypothesis. We have drugs that can effect serotonin, norepinephrine, and—to a lesser extent—dopamine. Many other neurotransmitters are involved with mood disorders, but we have no medications yet to target them. We can alter neurochemicals by neurostimulation as well as alter aberrant neuronal activity. Neurostimulation offers a non-systemic somatic approach to depression, often with an improved side effect profile.

Q: What methods of neurostimulation are currently available and how do they work?

A. electroconvulsive therapy (ECT), vagus nerve stimulation (VNS), and transcranial magnetic stimulation (TMS).

ECT

The oldest neurostimulation intervention, ECT has been used since 1938. It has the highest rate of response for treatment resistant depression (TRD) of any somatic intervention, up to 60%. (1)

Treatment involves inducing a generalized seizure, either through unilateral or bilateral electrical stimulation done while the patient is under general anesthesia along with a paralytic agent. The adverse effect burden is quite high and includes the effects of anesthesia, post-ictal confusion, and short term memory loss. There is a high frequency of relapse with 65% of successfully treated patients ill again within 6 months. (2) Newer techniques under investigation may reduce adverse effects—ultra brief pulse induction, magnetic seizure therapy, or more focally induced seizures. It is more acceptable as an acute treatment than a chronic one. Most insurance will support the use of ECT.

VNS

Treatment involves the implantation of a small battery driven device in the upper chest with electrical leads that are tunneled under the skin and wrapped around the left vagus nerve in the neck. Stimulation is delivered continuously throughout the day for 30 seconds every 5 minutes. This stimulation is carried through the vagus nerve into the brain and has an effect on neurotransmitter synthesis and release. Response to this intervention takes up to 6 months to build and continued improvement has been shown over 5 years.

While having FDA approval since 2005, the use of VNS has been severely limited because of the reluctance of insurance carriers, including Medicare, to provide support, claiming that the evidence for its use has not justified the expense. A recent study looked at dosing of VNS and even low doses show efficacy over time. (3) It is hoped that the coming release of new data looking at the efficacy of VNS over 5 years of treatment might encourage a re-evaluation of its use in patients with chronic severe unipolar and bipolar depression.

TMS

The use of TMS has experienced significant growth in its use since its FDA clearance in 2009. TMS involves the use of a rapidly moving magnetic field to induce a small electric current in the left dorsolateral prefrontal cortex of the brain, an area that has decreased activity when patients are depressed. There are now 2 devices cleared by the FDA—the Neuronetics device (since 2009) and a device from Brainsway (since 2013). The latter uses a different magnetic configuration and purports to offer deeper stimulation.

Outcomes studies on the Neuronetics device demonstrate a 58% response rate in normal clinical practice in a population with moderately treatment resistant depression (patients failed an average of 2.5 antidepressants prior to treatment). (4) The Brainsway study has yet to be published, so comparisons are difficult, but the treatment paradigm uses 5 treatments a week for 5 weeks, rather than 6 with TMS and 20 minutes rather than 37.5 minutes of treatment during every session.

Insurers are slowly increasing their support of this intervention, and many companies now have coverage policies. Issues about treatment of bipolar depression and the use of maintenance treatment have yet to be clarified from research studies. Several other devices are in the process of either FDA review or in clinical trials.

Q. Who are the right patients for neurostimulation?

A. ECT candidates are patients who require quick responses due to severity, suicide risk, or psychosis and are usually fully disabled by their depressions. They have often failed several other interventions, including medications and psychotherapy.

Should VNS become a more reliably covered intervention, one of the best populations would be patients with severe illness that has been chronic. In my experience, ECT responders who require maintenance ECT are ideal candidates. Often they can be maintained with VNS and no longer require ECT. As well, VNS has demonstrated efficacy and has FDA approval for use with bipolar depression, often a population that has limited options for treatment.

TMS, in its current format, is likely not as reliable with severe depression as ECT. It probably will work best with moderate to marked depressions. My experience suggests a better response when used in addition to antidepressant medication but it may also be useful in patients who have been intolerant of multiple antidepressant medications given the lack of systemic side effects. TMS is very well tolerated with only a small incidence of mild to moderate headache during the time of stimulation which is usually for only 4 seconds during each 30 seconds of treatment. The main barriers to use are insurance coverage, time commitment (45 minutes, 5 days a week for up to 6 weeks), and availability of equipment which varies by location.

Q. What does the future hold for neurostimulation?

A.Neurostimulation will likely occupy a greater piece of the psychiatric treatment paradigm. It offers effective interventions for people with severe illness and a non-pharmacologic intervention for patients with moderate to marked presentations. New devices in development may permit shorter courses of treatment and even the possibility of home use.

Suggested reading: Cusin C, Doherty DD. Somatic therapies for treatment-resistant depression: ECT, TMS, VNS, DBS. Biol Mood Anxiety Disord. 2012;2:14.

Disclosures

Dr Aaronson reports that he is a consultant for Neuronetics; an investigator for Neuronetics, Cervel Neurotech, and Neosync; and received a research grant from Stanley Medical Research Institute for Transcranial Direct Current Stimulation.

References

1. Kellner CH, Knapp RG, Petrides G, et al. Continuation electroconvulsive therapy vs pharmacotherapy for relapse prevention in major depression: a multisite study from the Consortium for Research in Electroconvulsive Therapy (CORE). Arch Gen Psychiatry. 2006;63:1337-1344.

2. Sackheim HA, Haskett RF, Mulsant BH, et al. Continuation pharmacotherapy in the prevention of relapse following electroconvulsive therapy: A randomized controlled trial. JAMA. 2001;285:1299-1307.

3. Aaronson ST, Carpenter LL, Conway CR, et al. Vagus nerve stimulation therapy randomized to different amounts of electrical charge for treatment-resistant depression: acute and chronic effects. Brain Stimul. 2013;6:631-640.

4. Carpenter LL1, Janicak PG, Aaronson ST, et al. Transcranial magnetic stimulation (TMS) for major depression: a multisite, naturalistic, observational study of acute treatment outcomes in clinical practice. Depress Anxiety. 2012;29:587-596. - See more at: http://www.psychiatrictimes.com/uspc2014/neurostimulation-mood-disorders#sthash.q22xAP3P.dpuf

http://www.psychiatrictimes.com/uspc2014/neurostimulation-mood-disorders

Tuesday, September 23 • 10:15am - 11:45am

Neurostimulation in the Treatment of Mood Disorders

Neurostimulation will continue to provide a novel, nonpharmacologic, somatic treatment for mood disorders and eventually other psychiatric illnesses, including obsessive-compulsive disorder, anxiety disorders, and addictive behaviors. This session will provide an up-to-date overview of developments in the use of transcranial magnetic stimulation, direct current stimulation, and electroconvulsive therapy. Relevant data pertaining to patient selection, treatment outcomes, and possible mechanisms of action will be discussed along with a look at the future of neurostimulation with regard to expanding patient populations and insurance support.

Faculty

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Scott T. Aaronson, MD

Director, Clinical Research Programs, Sheppard Pratt Health System, Baltimore, Maryland; Director, TMS Services, Sheppard Pratt Health System, Baltimore, Maryland | | Scott T. Aaronson, MD, is Director of Clinical Research Programs at Sheppard Pratt Health System in Baltimore, Maryland, where he has been responsible for developing a research program dedicated to the development of medications, devices, and genetic tests for the treatment of illnesses across the spectrum of psychiatric...
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Tuesday September 23, 2014 10:15am - 11:45am
Room 2 - TBA (Rosen Shingle Creek Hotel)

Thursday, September 4, 2014

World suicide prevention day on September 10, 2014

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Thursday, September 04, 2014 11:59 AM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: World suicide prevention day on September 10, 2014

Dear Madam Secretary Burwell,

I bring to your attention that Wednesday, September 10, 2014 is world suicide prevention day.

“More than 800,000 people each year worldwide commit suicide – around one person every 40 seconds - with many using poisoning, hanging or shooting to end their own lives, the World Health Organization (WHO) said on Thursday.”

“In the 15 to 29-year age group, suicide is the second leading cause of death globally.”

In each of my emails to you I have tried to convey to the best of my ability the seriousness of severe depression and now I also add the enormity of the problem.

The facts are we have for decades offered conventional therapies that for many of these patients have proven ineffective and costly to our families and economy.  This being one of several reasons we as a nation have need for newer treatment options. 

As I’ve already explained to you, one of those treatment options, VNS (Vagus Nerve Stimulation), which the FDA approved and two (2) years later CMS (Centers for Medicare and Medicaid Services) denied coverage has helped benefit patients who have for decades been unresponsive to conventional therapies.  In that ill-fated decision and for the first time ever CMS denied coverage for an FDA approved medical device.  We are also now learning not only with the suicide of Robin Williams, the enormity of severe depression and the suicide challenge.  Worse yet CMS left a group of volunteer study subjects and patients without medical care and coverage.  CMS through their ineptitude, ignorance, deity syndrome and/or criminality either overlooked or ignored grandfathering care and medical coverage for our fellow citizens and patients.  Bless our convoluted and bureaucratic health care system and agencies.

I also take this opportunity to inform you and others that today is “NAMI's National Day of Action”:

“Join with thousands of others on September 4th, to bring national attention to the need for comprehensive mental health legislation. Mental illness affects everyone and it’s time that we spoke up.”

Madam Secretary, I encourage you and all who read this message to please sign on and share this initiative with others while at the same time I once again implore you to sign a “Compassionate Use” document to formally cover these aggrieved VNS patients to insure proper care and to encourage the private health insurers to follow suit.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

---------------------------------------------------------------

NOTICE OF CONFIDENTIALITY / Disclaimer

---------------------------------------------------------------

Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Sunday, August 24, 2014

VNS Therapy for Depression - Are we really going to break the bank?

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Monday, August 25, 2014 12:55 AM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: VNS Therapy for Depression - Are we really going to break the bank?

Dear Madam Secretary Burwell,

I am always trying to piece together little tidbits of information as I collaborate with another reasonably informed patient to ascertain the enormity of my advocacy for the VNS Therapy volunteer study subjects and patients implanted for depression before the CMS denial of May 4, 2007 that seek to continue with their therapy.  I’ve never received any answer to this question from the sponsor, Cyberonics, when I posed the question to them.  So I keep on searching and recently began to re-extrapolate some figures from the information that’s come available.

This past week I received a telephone call from a representative of CMS in which I asked were they busy helping VNS patients obtain insurance coverage.  The answer was “no”.  Then I quickly listened into the recording of Cyberonics financial teleconference of August 21, 2014.  With the help from this other VNS patient I learned there were two (2) occasions in the teleconference when the depression indication was mentioned.  One mark was at 21:30 minutes into the recording and the other at 45:30 minutes.  I learned there were 28 patients implanted with VNS Therapy for Depression in Cyberonics most recent reported financial quarter and in the prior quarter only 24 patients and as I vaguely recall in the quarter before that only 16.  Furthermore it was stated in this teleconference by the CEO, Mr. Daniel Moore, that they believed most all of these were “replacements”.  This slow increase may well correlate to or be attributed to my advocacy as patients learn that CMS has made some informal accommodations for the Medicare/Medicaid subscribers.

So if I used a number on the high-side such as 40 replacements a quarter that would represent about 160 patients that were benefiting from the therapy who want to continue with their therapy.  Therefore where I previously referred to the “enormity” of my advocacy it may simply boil down to about 160 to 200 patients who have responded to the therapy and achieved a significant degree of wellness and wish to continue.

Why continue this policy of not formally recognizing and caring for this aggrieved patient group through absolutely no fault of their own?  Recognize the serious error and oversight made by CMS and rightfully correct their mistake; now. 

These very, very long-time suffering depression patients have benefited from the VNS Therapy and wish to continue as well as maintain their wellness.  In the long-term it is a significant financial savings to CMS and the health insurers.

Once again, please issue a formal document (i.e. “Compassionate Use”) to insure their medical care now and into the future.  It is the right, humane and honorable thing to do.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

---------------------------------------------------------------

NOTICE OF CONFIDENTIALITY / Disclaimer

---------------------------------------------------------------

Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Friday, August 22, 2014

Harsh tone requires an apology

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Thursday, August 21, 2014 6:37 PM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: Harsh tone requires an apology.

Dear Madam Secretary Burwell,

This past evening after emailing with Murray, a very dear and life-long friend, he had suggested I keep up my campaign to influence you and others in your administration to do the morally right thing while he also suggested toning down my rhetoric to you.

I am truly fortunate that many caring people read my missives and offer their thoughts and suggestions to help achieve our goals while at the same time emotionally sighting me on the objective.

If I’ve come off somewhat harsh in some of my words I do sincerely apologize.  

I understand that you do have a major governmental position and an enormous responsibility and that my issue and advocacy may seem minute in the scheme of things.  While our issue of VNS Therapy for the existing volunteer study subjects and patients implanted prior to CMS decision of May 4, 2007 may seem insignificant as compared to many of your other issues and challenges the fact is this group of patients has been egregiously wronged and harmed by those responsible within CMS to not have grandfathered and considered the medical needs and health insurance coverage for their care in that decision.  CMS cut off medical insurance coverage for medical devices already implanted into real-live-patients.  That decision also let the private health insurers off the hook whereas CMS has since partially made a make-shift effort to help the Medicare/Medicaid patients.

Please take a moment to think if it were your Mom or Dad, spouse or child or sibling implanted with a medical device and then you learn that the medical insurance you pay religiously will not cover your loved ones.  I’m sure you too would be agitated and fiercely advocating.

Only I’ve been at this advocacy for more than seven (7) years and prior to CMS denied coverage.  Actually my advocacy goes back half century when advocating for parity in mental health.  As my spouse Joyce was one of the earliest volunteer study subjects for VNS Therapy for depression I also recognized the potential loophole and conundrum in insurance coverage pending the denial from CMS.  At that time I conversed several times with the former CEO of Cyberonics, Mr. Skip Cummins, to share my thoughts and alert him to the predicament the study subjects were potentially facing.

As I am doggedly hounding you and advocating for these patients so too did I similarly direct my attention and efforts toward Mr. Cummins.  He assured me not to worry and then publicly issued the following corporate press release on January 18, 2006:  "Lifetime Reimbursement Guarantee for All TRD IDE Study Patients"

As it more recently evolved the current CEO, Mr. Daniel Moore, reneged on this guarantee citing federal kickback statues.

So here I am still bucking my head against all these bureaucracies trying to get department heads/bosses/CEO to act humanely and to do what is morally right. 

Joyce will need another replacement device in about 8 years.  I do not want to have to go through this same struggle to get her health insurer to cover her replacement or that of the other patients.  At the same time I want to pressure the private insurers to cover their already implanted patients and I can only do so with your help and assistance.

Again, I am asking for a moment of your time to issue a formal document (i.e. Compassionate Use) or some other instrument signed by you that will formalize and establish the rightful care for these patients, once and for all.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

---------------------------------------------------------------

NOTICE OF CONFIDENTIALITY / Disclaimer

---------------------------------------------------------------

Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Thursday, August 21, 2014

How to Tell If Your Health Insurance Covers Mental Health Treatment

How to Tell If Your Health Insurance Covers Mental Health Treatment

 

Pending approval Elizabeth Renter

 

8/21/14 2:00pm 41 minutes ago

 

How to Tell If Your Health Insurance Covers Mental Health TreatmentExpand

For some, the stigma associated with mental illness keeps them from seeking help, but others may be avoiding treatment simply because they are unsure of whether they can afford it or whether their health insurance covers it.

This post originally appeared on Nerdwallet.

Each year, more than 5 million American adults experience a major depressive episode and do not seek treatment, according to a recent NerdWallet study. While insurance coverage for mental health treatment is more widely available and comprehensive thanks to recent changes, some say it still doesn't go far enough.

Five Lessons I Learned From Dealing with DepressionFive Lessons I Learned From Dealing with DepressionFive Lessons I Learned From Dealing with Depressio

Depression is a hard topic to talk about. It's an even harder thing to live through. I've …Read moreRead on

If you purchased your health insurance through state exchanges set up by the Affordable Care Act, mental health care is covered. It is one of the ten benefits that must be covered on all plans under the law. If you have insurance through your employer, there's a pretty good chance you're covered, too. A Society for Human Resource Management survey of 2014 employee benefits found that 87% of employer health plans cover mental health treatment. But exactly what mental health services are covered under these plans varies and depends on what medical services are covered.

Mental Health Parity Law

Historically, mental health coverage had been treated as a less important health concern than medical coverage by the insurance industry. That has changed over the years, culminating with the passage of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act in 2008. Also referred to as the mental health parity law, the act essentially mandates mental health and substance abuse coverage to be comparable to physical health coverage.

"New efforts are underway to expand coverage to the millions of Americans who have lacked access to affordable treatment for mental and substance use disorders," said Labor Secretary Thomas Perez, upon passage of the final parity rules. "These rules will increase access to mental health and substance abuse treatment, prohibit discriminatory practices and increase health plan transparency. Ultimately, they'll provide greater opportunities for affordable, accessible, effective treatment to Americans who need it."

The parity law says that insurance policies covering mental health care must treat that care as they do other medical coverage. If you generally pay a $40 copay for doctor's appointments and treatments, for instance, an appointment with your psychologist can't carry a higher price tag.

Before the final rules of the parity law took effect, patients in need of mental health treatment would often have to seek pre-approval for coverage, and even then, they would be limited to a certain number of visits per year. That is no longer the case. Though health insurance companies can always review whether covered treatments are necessary, they can no longer put arbitrary caps on mental health visits that they wouldn't put on medical appointments.

Depending on the specifics of your policy, and whether similar medical treatments are covered, your mental health coverage can include: emergency room visits, hospital stays, individual and group therapy appointments, psychiatrist visits and coverage for mental health prescriptions.

How Do I Select a Therapist or Counselor?How Do I Select a Therapist or Counselor?How Do I Select a Therapist or Counselor?

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Plans Still Not Required to Have Mental Health Coverage

"The parity law, on paper, certainly appears to be an improvement in health care policies", says Lisa Blackstock, a patient advocate from Soul Sherpa. "The key is whether or not your policy covers [mental] health care."

The law does increase the quality of care for those who have mental health coverage, but it does not mandate mental health coverage on all policies. Instead it requires health insurance plans that do cover mental health treatment to cover it on par with medical treatment. The American Psychological Association points out there are some programs exempt from the parity law. Some state government employee plans can opt out of parity requirements. Likewise, Medicare is not subject to the law.

Even if mental health coverage is available, some providers may not accept your insurance. Blackstock told NerdWallet that mental health providers are often reluctant to accept these policies because reimbursement rates are so low.

If you are unclear about your coverage, consult your description of plan benefits or contact your insurance carrier directly.

Deductibles and Copays Still Apply

The parity law, along with requirements under the ACA, may mean mental health care is more accessible than ever. But that doesn't mean there aren't costs. Just like your medical care, mental health care is subject to copays, coinsurance, deductibles and other out-of-pocket costs. It is likewise still subject to coverage denials from insurance companies.

You can prepare for these costs by becoming familiar with your plan's coverage specifics before you seek mental health treatment. If you receive an unexpected denial or higher-than-anticipated bills after treatment, you may find help through a medical bill advocate.

Blackstock says patients with mental health questions shouldn't be afraid to get help.

"My advice to all persons regarding emotional well-being and mental health is to maintain a strong support group, be open when stress gets to be too much, and don't be hesitant to appoint an agent for you in your advance health care directive who you can trust to help navigate your care when the going gets tough," Blackstock says. "If you incur a big bill for mental health treatment that isn't covered by insurance, find a patient advocate with a proven track record in bill negotiation […] Someone needs to pick it apart and aggressively advocate on your behalf, not unlike an attorney or realtor doing their job in their respective fields."

Does My Health Insurance Cover Mental Health Treatment? | Nerdwallet

http://www.nerdwallet.com/blog/health/2014/08/18/health-insurance-cover-mental-health-treatment/


Nerdwallet offers data-driven tools and impartial information to help you make solid decisions about the money you work hard to earn. In short, we do the homework so you don't have to.

Image adapted from Lightspring (Shutterstock).

Want to see your work on Lifehacker? Email Andy.

Wednesday, August 20, 2014

Message About Tragic Passing of Robin Williams

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Wednesday, August 20, 2014 3:38 AM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: Message About Tragic Passing of Robin Williams

Dear Madam Secretary Burwell,

“Unfortunately, every day over 100 Americans die as a result of suicide.” --- Jeffrey Borenstein, M.D., President & CEO, Brain & Behavior Research Foundation

Just what does it take for you and your cadre of subordinates to understand that there are a number of VNS Therapy volunteer study subjects and patients who have finally achieved a degree of wellness and wish to continue doing so if not for the obstacles your organization and the health insurance industry has put before them.

I have previously laid out before you that the CMS decision of May 4, 2007 was careless, ignorant, stupid, egregious, unconscionable and criminal by overlooking care for the existing patients and especially for those having benefited from the VNS Therapy and wishing to continue with the therapy.  Judge John Smith’s decision further justifies this position.

How many more individuals have to be added to Dr. Borenstein’s list of “Americans die as result of suicide”?  Does the buck not stop at your desk?  Are you not the “boss”?

Again, I am asking you for a formal document be signed to protect this patient population to insure that they have access to and obtain medical health insurance coverage.  I am also asking for your office to influence the private health insurance companies to similarly follow suit.

This issue has drawn on since May 4, 2007.  These patients have been seriously wronged like no other by the short-sightedness of CMS.  Is it not time to right this harmful wrong?  Please act now. 

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

---------- Forwarded message ----------
From: The Brain & Behavior Research Foundation <enews@bbrfoundation.org>
Date: Wed, Aug 13, 2014 at 1:03 PM
Subject: Message About Tragic Passing of Robin Williams
To: Herbert <vnsdepression@gmail.com>

 

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Dear Foundation Supporters,I am saddened by the very tragic passing of Robin Williams. Unfortunately, every day over 100 Americans die as a result of suicide. The national conversation in the media about Robin Williams will hopefully encourage people to seek treatment and not suffer in silence. I also hope that the media attention will reduce stigma and encourage increased support for research to develop new methods of treatment of brain disorders. I had the privilege of representing our Foundation and joining the national conversation about suicide and suicide prevention. Please see the links to the CBS Evening News, WPIX News, and Bloomberg article.
Thank you for your ongoing commitment to the Brain & Behavior Research Foundation. Please help the families of today and tomorrow by SUPPORTING brain research.
Better treatments and breakthroughs come from scientific discovery.
With warmest regards and appreciation,
Jeffrey Borenstein, M.D.
President & CEO
Brain & Behavior Research Foundation


Read an article from Bloomberg.com.

bbrfoundation.org

 

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Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Thursday, August 14, 2014

"Parkinson's and depression can go hand in hand"

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Thursday, August 14, 2014 7:30 PM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: "Parkinson's and depression can go hand in hand"

Dear Madam Secretary Burwell,

Early on in a number of my messages to your predecessor Kathleen Sebelius, Jonathan Blum - CMS, medical professionals and Joyce’s fellow patients I shared my interesting and unique observations that despite worsening of Joyce’s Parkinson’s type illness, PSP (Progressive Supranuclear Palsy), she continues to remain depression free.  In Joyce’s case history there is no doubt in my mind that I attribute this unique and amazing benefit to her VNS Therapy. 

The point being Madam Secretary that information of this nature does not appear in the data contained in the computers that your medical experts ruminate as to safety and efficacy of VNS Therapy for Depression.  In my spouse’s case 14 years of therapy have exhibited no safety issues and efficacy has been nothing short of remarkable.  The fact is there is a group of volunteer study subjects and patients implanted with this medical device similarly benefiting from the therapy despite whatever incorrect conclusions your staff may have arrived at.  The reality is their facts are skewed and/or misinterpreted and do not match real world results.  And even if the percentage obtaining efficacy are not up to your medical staffs criteria the most important point your people are missing is that these are the worst of the worst patients, like Robin Williams experiencing suicidal ideations, who have found a treatment that finally works for them.

Robin Williams’s death is a tragedy from my perspective as is the suicide of others who lack information and awareness of many newer treatment options.  The fact is no one can guarantee the efficacy of any therapy for severe depression patients but to deny a VNS Therapy patient a treatment option that is already beneficial and working for the patient is truly inhumane and criminal.  And that is exactly what CMS has done through their blatant ignorance and/or professional arrogance and so too the private health insurers that followed CMS lead.  Whether through oversight or stupidity you have left this group of patients without medical coverage for therapy that has remarkably benefited their lives like no other.

Again I am asking you to abort this lunacy.  Issue a formal document (i.e. “Compassionate Use”) to insure medical care for the existing patients and help put similar pressure on the private health insurers to follow suit and abort their arrogance too.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

Robin Williams suffered from early Parkinson's at death: widow

By Piya Sinha-Roy and Eric Kelsey

LOS ANGELES Thu Aug 14, 2014 5:54pm EDT

3 Comments

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A woman takes a picture of a mural depicting late actor Robin Williams in Belgrade, August 13, 2014.

Credit: Reuters/Marko Djurica

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LOS ANGELES (Reuters) - Robin Williams was sober but suffering from the early stages of Parkinson's disease as well as severe depression and anxiety at the time of his apparent suicide, the actor's widow said in a statement on Thursday.

Susan Schneider said Williams "was not yet ready to share publicly" his struggles with Parkinson's, an incurable and debilitating nervous system disorder that causes tremors and slowness of movement.

"It is our hope in the wake of Robin's tragic passing, that others will find the strength to seek the care and support they need to treat whatever battles they are facing so they may feel less afraid," Schneider said in the statement.

The 63-year-old Oscar-winning comedic virtuoso, whose madcap style and dramatic versatility made him one of film and television's top stars, was found hanged at his Tiburon, California, home north of San Francisco on Monday.

The news that the comedian also suffered Parkinson's disease has drawn attention to the correlation between the disorder and depression.

"While a diagnosis of any serious disease can be overwhelming, Parkinson's and depression can go hand in hand," the National Parkinson Foundation said in a statement following Schneider's announcement.

"Depression affects quality of life more than the motor impairments of the disease," the foundation said, adding that more than half of those who suffer from Parkinson's also experience clinical depression as part of the disease.

Actor Michael J. Fox, boxer Muhammad Ali and singer Linda Ronstadt have all be diagnosed with Parkinson's. Ronstadt said last year that the disease had robbed her of her singing voice.

Between 50,000 and 60,000 people are diagnosed with Parkinson's each year in the United States. It typically affects people over 50 years old.

Williams, whose starring roles included "Mrs. Doubtfire" and "Good Will Hunting," had been open about his struggles with alcohol and had gone to a Minnesota rehabilitation center this summer to "fine-tune" his sobriety, his publicist said in July.

Friends of the comedian, who first shot to prominence as a friendly alien in late 1970s TV series "Mork & Mindy," described Williams as a man who masked his depression and thrived from performing for a crowd.

Williams' death, which has touched off a national conversation about suicide and depression, shook Hollywood and generations of fans.

U.S. President Barack Obama called him a "one of a kind" actor while directors and colleagues noted his humble nature, generosity and talent as one the most inventive comedians of his era.

"Since his passing, all of us who loved Robin have found some solace in the tremendous outpouring of affection and admiration for him from the millions of people whose lives he touched," Schneider said.

"His greatest legacy, besides his three children, is the joy and happiness he offered to others, particularly to those fighting personal battles," she added in the statement.

Funeral arrangements are pending, and a full toxicology report will take two to six weeks, local officials said.

(Editing by Jonathan Oatis)

http://www.reuters.com/article/2014/08/14/us-people-robinwilliams-idUSKBN0GE1YQ20140814

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Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Friday, July 11, 2014

"Compassionate Use" for VNS Therapy Depression Patients...

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Friday, July 11, 2014 2:02 PM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: "Compassionate Use" for VNS Therapy Depression Patients...

Dear Madam Secretary Burwell,

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Do you happen to know what kind of cake this is?  If by chance you don’t it is a Seven Layer Cake somewhat reminiscent of the bureaucracy I’ve encountered these past seven years since one of the agency’s, CMS now under your stewardship, through their ignorance, intellectual arrogance, stupidity or downright forgetfulness denied medical insurance coverage to volunteer study subjects and patients implanted with a medical prosthesis after the FDA approved the device, another agency now under your stewardship.

Pick the appropriate word for what the brain-trust at CMS committed; immoral, egregious, unconscionable, unfathomable, half-assed, incomplete, thoughtless, negligent, criminal and/or plain stupid.

One or all terms might be apropos but what we have after 7 years since the decision to deny was rendered is additional negligence and the seven layer cake.  This negligence and layers of bureaucracy could quickly and simply be remedied by the stroke of your pen.  A document issued and signed by you for “Compassionate Use” eliminates the current band-aide attempt to remedy what should have been considered and included in the decision of May 4, 2007.

You might be too young to know of the sign on former President Harry Truman’s desk read, “The Buck Stops Here.”  Isn’t it time for the same? 

I shall quote your message to me, once again:

“Thank you very much for your e-mail.  Our ability to deliver impact depends on your input.  I very much appreciate that you’ve taken the time to write, and will be sure to share your message with the most appropriate member of my team for review. 

This Department belongs to the American people, and what you have to say matters to all of us.   As we advance our mission of providing Americans with the building blocks of healthy and productive lives, we never lose site of the fact that ultimately, you are “the boss” – and everything we do is on behalf of everyday Americans who work hard, take responsibility and rely upon the outcomes and services this Department provides.

To deliver impact and move our mission forward, we are guided by three central tenets: delivering results for the American people on a wide range of important issues; strengthening the relationships that drive progress; and building strong teams with the talent and focus that our challenges call for, and our fellow Americans deserve.

Working together, we can strengthen the foundation of a stronger middle class, a more prosperous economy, and healthier communities.

Thank you again for your message.

Sylvia Burwell

Secretary”

I hope your message was truly meaningful of your sincere thoughts and not simply public relations speak.  You are “the boss” of your agencies.  After 7 years of inexcusable inaction exercise your executive authority and make the decision to do the right thing for this small American group of patients.  Don’t waste time by sharing my “message with the most appropriate member of my team for review” as you stated.  Instead take action and stop fostering the “Seven Layer Cake Syndrome”. 

U.S. Administrative Law Judge Troy Smith saw the injustice by ruling for one patient.  Now you too can remedy the issue for all these patients.  Take action!

Sign the document now for “Compassionate Use” and give these Americans “the building blocks of healthy and productive lives” that you are espousing.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

---------------------------------------------------------------

NOTICE OF CONFIDENTIALITY / Disclaimer

---------------------------------------------------------------

Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Wednesday, July 9, 2014

Important information…

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Tuesday, July 08, 2014 10:59 PM
Subject: Important Information...

To the VNS patients and their attending physicians,

1:00 PM today I participated in a teleconference with CMS.  The discussion I was told is “off-the-record” although I could share one particular very important piece of information and then I’ll share my thoughts and opinions of the teleconference.

As you already know Kathleen Sebelius and Jonathan Blum had resigned their positions with their respective agencies.  Ms. Amy Larrick has been moved to a higher position within CMS and will no longer be the contact person at CMS for the VNS patients so please delete any information pertaining to Amy Larrick. The first step to obtaining replacement is described in my posting link entitled:

Expediting the VNS replacement surgery for the depression patient. 

Kindly substitute Courtney Turner’s name anywhere you read “Amy Larrick”.  Should one encounter any obstacles then read the below listed information.

The new contact at CMS, so please mark your records accordingly, for any VNS patients for Depression initially implanted prior to May 4, 2007 is:  

Ms. Courtney Turner

Telephone: 410-786-4593  

Any implanted depression patient needing assistance must be prepared to supply the following information when contacting Ms. Courtney Turner:

One’s Full Name  

Telephone number

State of residence

 Be prepared to share any other pertinent information relating to one’s case, if requested.

I have been advised that Ms. Turner will make every effort to expedite each case on a case by case basis although some patience on the part of the applicant will also be required as Ms. Turner is apparently the sole staffer assigned to this undertaking.

I more or less firmly expressed my frustration and exasperation during the conference as to why after all this time a written or “Compassionate Use” document could not be issued, once and for all. 

What I came away with is my continued belief and impression that the government is inundated with bureaucracy, upon bureaucracy, department upon department, committee upon committee and the wonderment in my mind that anything can ever be accomplished.  If the government were a private enterprise in my opinion; they’d be bankrupt by now through their inefficiencies, convoluted organizational management and questionable qualification of their so called medical experts.

I also indicated during the conference call that I shall not let up in my advocacy and campaign to formally right this egregious wrong as I direct my emails to Madam Secretary Burwell in the hope she gets completely fed up with me and whether she personally signs or directs one of her subordinates to sign a formal directive to cover the health insurance for these patients.

In any event and under the circumstances I was left with the impression despite all the negatives in my mind they are making their best efforts, under the circumstances, to accommodate the medical insurance needs of the VNS Depression patients.

Sincerely,
Herb

Joyce and Herbert Stein
1008 Trailmore Lane
Weston, FL 33326-2816
(954) 349-8733
vnsdepression@gmail.com
http://www.vnstherapy-herb.blogspot.com
http://www.vnstherapy.wordpress.com

Tuesday, July 8, 2014

The real-time resulting benefits of VNS Therapy for Depression.

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Tuesday, July 08, 2014 11:22 PM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Subject: The real-time resulting benefits of VNS Therapy for Depression.

Dear Madam Secretary Burwell,

I take this opportunity to share with you as I have done in the past with former Madam Secretary Sebelius and Mr. Jonathan Blum of CMS letters I receive from existing VNS Therapy Depression patients.  The letters I shared in the past were gut wrenching narratives begging to obtain replacement pulse generators to once against lift these souls out of the depths of anguish and despair and the “Black Hole” of depression.

With permission from Julie I’d like to share with Amy, you and others her recent communications with me that is a self-explanatory:

-----Original Message-----
From: Julie Ottaviani [mailto:julieottaviani@aol.com]

Sent: Tuesday, July 08, 2014 7:33 AM
To: Herbert Stein
Subject: Re: U.S. Administrative Law Judge sides with VNS Depression Patient

Congratulations to Amy.  I hope the action will bring forth a written document clearly explaining the COMPASSIONATE USE coverage of all of us who benefit from VNS.  As always thank you for cheering up my day Herb.

Sincerely

Julie Ottaviani

Sent from my Verizon Wireless Phone

 

 

-----Original Message-----
From: Herbert Stein [mailto:fabrik@bellsouth.net]

Sent: Tuesday, July 08, 2014 8:39 AM
To: 'Julie Ottaviani'
Subject: RE: U.S. Administrative Law Judge sides with VNS Depression Patient

Julie,

May I share your response publicly and with Amy?

Most importantly, how are you doing?

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

 

 

 

From: Julie Ottaviani [mailto:julieottaviani@aol.com]

Sent: Tuesday, July 08, 2014 8:59 PM
To: fabrik@bellsouth.net
Subject: Re: U.S. Administrative Law Judge sides with VNS Depression Patient

No bother Herb sorry it took so long I just got back on the computer after a long stormy day in Pa.  Of course you have my permission to use any and all my correspondence to you.  I am doing well after the replacement of my VNS battery.  My greatest regards to Amy for her dedication and persistence in obtaining a judicial ruling in favor of coverage of the forgotten  Cyberonics Vns Depression Implant patients.  Maybe now there will be a Compassionate Use coverage by medicare and an order to the private insurance companies also " IN WRITING".  Thank you Amy.  And thank you Herb for all your hard work.
Julie Ottaviani
julieottaviani@aol.com

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

In my previous email I inadvertently omitted a key word; “not” in my sentence.

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Tuesday, July 08, 2014 11:56 AM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Cc: 'Amy Larrick, Senior Advisor to the Principal Deputy Administrator Centers for Medicare & Medicaid'; 'Chet Burrell, President & CEO CareFirst BlueCross BlueShield'; 'Courtney Turner'; 'Daniel Moore, CEO - Cyberonics'; 'Daniel Schreiner, Acting Deputy Director - Office of Public Engagement'; 'Dr. Jeffrey A. Kelman (CMS/CM)'; 'Dr. Mark Bunker'; 'Lynda M. Gyles, Executive Assistant to the Secretary - HHS'; 'Marilyn Tavenner, Administrator - CMS'; 'Stephen J. Hemsley - CEO, United Healthcare'; 'Teresa NiƱo, Director - Office of Public Engagement'; Bryan Olin, Ph.d
Subject: U.S. Administrative Law Judge Troy Smith finally has gotten it right...

Dear Madam Secretary Burwell,

In my previous email I inadvertently omitted a key word; “not” in my sentence.  The sentence should have correctly read:

Now I’m about to tell you once again about your “fakakta (<Yiddish origin> A person or thing who is completely crazy/fucked up)” organization, CMS, which in my opinion has perpetrated criminal and immoral acts against volunteer study subjects and patients implanted with VNS Therapy for Depression by not grandfathering care.

I too make mistakes.  It is one of the shortcomings of being human but more importantly I have the capacity to learn and understand and correct my errors and move forward.

It has now taken a little more than 7 years for someone in government to formally recognize the egregious and serious errors perpetrated, whether purposely or otherwise, against this unique population of VNS Therapy for Depression patients by not grandfathering and providing for their care when CMS rendered their decision May 4, 2007.  In doing so, CMS put the lives of patients at risk contrary to their mandates.

7 years later Judge Troy Smith finally sets the record straight.

All the volunteer study subjects and patients implanted with VNS Therapy for Depression prior to May 4, 2007 CMS decision who wish to continue with the therapy are entitled to health insurance coverage.

Madam Secretary, I quote once again your statement to me:

“Thank you very much for your e-mail.  Our ability to deliver impact depends on your input.  I very much appreciate that you’ve taken the time to write, and will be sure to share your message with the most appropriate member of my team for review. 

This Department belongs to the American people, and what you have to say matters to all of us.   As we advance our mission of providing Americans with the building blocks of healthy and productive lives, we never lose site of the fact that ultimately, you are “the boss” – and everything we do is on behalf of everyday Americans who work hard, take responsibility and rely upon the outcomes and services this Department provides.

To deliver impact and move our mission forward, we are guided by three central tenets: delivering results for the American people on a wide range of important issues; strengthening the relationships that drive progress; and building strong teams with the talent and focus that our challenges call for, and our fellow Americans deserve.

Working together, we can strengthen the foundation of a stronger middle class, a more prosperous economy, and healthier communities.

Thank you again for your message.

Sylvia Burwell

Secretary”

I am not interested in being “the boss” but rather prompting your department by “delivering results for the American people…”

Issue a formal document of “Compassionate Use” for these patients now, so these patients do not have to continue battling for their rights each and every time they need care.

Lastly and to Amy Lasko, on my behalf and all your fellow patients, I’d like to thank you once again for your courage and perseverance in obtaining this most important decision.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

Monday, July 7, 2014

U.S. Administrative Law Judge sides with VNS Depression Patient

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Monday, July 07, 2014 11:59 PM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Cc: 'Amy Larrick, Senior Advisor to the Principal Deputy Administrator Centers for Medicare & Medicaid'; 'Chet Burrell, President & CEO CareFirst BlueCross BlueShield'; 'Courtney Turner'; 'Daniel Moore, CEO - Cyberonics'; 'Daniel Schreiner, Acting Deputy Director - Office of Public Engagement'; 'Dr. Jeffrey A. Kelman (CMS/CM)'; 'Dr. Mark Bunker'; 'Lynda M. Gyles, Executive Assistant to the Secretary - HHS'; 'Marilyn Tavenner, Administrator - CMS'; 'Stephen J. Hemsley - CEO, United Healthcare'; 'Teresa NiƱo, Director - Office of Public Engagement'; Bryan Olin, Ph.d
Subject: U.S. Administrative Law Judge sides with VNS Depression Patient

Dear Madam Secretary Burwell,

Today is somewhat of an auspicious day for me.  First, I earlier in the day quickly introduced myself to you and my purpose for hounding and asserting myself upon you and your voluminous staff.  Now I’m about to tell you once again about your “fakakta (<Yiddish origin> A person or thing who is completely crazy/fucked up” organization, CMS, which in my opinion has perpetrated criminal and immoral acts against volunteer study subjects and patients implanted with VNS Therapy for Depression by grandfathering care.

To quickly recap for you and to put this matter into perspective:

1- Numerous volunteer study subjects were enrolled in studies and implanted with a VNS pulse generator.  Leads were then run from the generator and are connected to the left vagus nerve (starting in early 1999).

2- FDA approves VNS Therapy for Depression (July 15, 2005).

3- Upon FDA approval, the sponsor of the VNS Therapy, Cyberonics is no longer responsible for patient care.

4- Additional patients obtain VNS Therapy for Depression through Medicare/Medicaid and private insurance carriers upon the FDA approval from July 15, 2005 until May 4, 2007.

5- The then CEO of Cyberonics, Skip Cummins, issues a public statement of a “Lifetime Reimbursement Guarantee” at my request and insistence after I realized the potential loophole or Catch-22 in medical coverage for the study subjects (January 18, 2006).

6- CMS issues a NCD denying coverage for VNS Therapy for Depression (May 4, 2007).

7- Cyberonics changes their position, denies care and reneges on their “Lifetime Reimbursement Guarantee” citing kickback laws which in my opinion is bull-turd.

8- Cyberonics is shown the door by CMS and denied reconsideration for the Depression indication a second time (May 30, 2013).

9- I immediately begin my advocacy to obtain medical coverage for the volunteer study subjects and patients who wish to continue with their VNS Therapy for Depression (June 3, 2013).

10-I finally obtain some reasonable results after 4 month, 24/7 at my computer writing to anyone and everyone who would listen.  I receive a number of responses from individuals within your organization and then I hear from and speak with Mr. Jonathan Blum and Ms. Amy Larrick.  I am informally assured that Ms. Larrick would handle the matter directly with any Medicare/Medicaid patients needing assistance.  The informal system benefits a number of patients but leaves a lot to be desired.

11-In the meantime, Jonathan in an off-the-record telephone conversation where I requested formal documentation assures me they are working on something.

12-Ms. Kathleen Sebelius and Mr. Jonathan Blum resign and Ms. Amy Larrick is not heard from.

13-Now I’m hounding you Madam Secretary Burwell for results; nothing but results.

So just where does this leave me today.  Well, to tell you the truth I’m chuckling and appreciative of the information, input and support I’ve received from patients and their attending physicians who I blind copy on these emails.  Today I would like to cite one such instance of the outstanding courage of Ms. Amy Lasko who despite her debilitating depressive illness and personal challenges went to bat and advocated for herself and in doing so I believe will also benefit others as she shared the following information with me.

14-Amy Lasko wins an Administrative Law Judge Appeal.

I am not an attorney but I still am capable of reading English and if one carefully reads the decision rendered by Troy Smith, U.S. Administrative Law Judge he clearly indicates the CMS decision of May 4, 2007 applies to patients seeking VNS Therapy for Depression on or after May 4, 2007.  Therefore all the volunteer study subjects and patients implanted prior to May 4, 2007 should rightfully be covered by Medicare/Medicaid and/or private health insurance carriers.

I do not know the internal workings of your bureaucracy nor the various terminologies you may use.  I am once again asking for a written document for “Compassionate Use” for all those volunteer study subjects and patients who wish to continue with VNS Therapy for Depression and who were initially implanted prior to May 4, 2007.  I would like to read written directives sent to your various state agencies as well as communications sent to the various private health insurance carriers.  Based upon Judge Smith’s ruling all those private health insurance carriers such as United Healthcare are in violation of his ruling as United Healthcare and others have denied coverage to patients implanted prior to May 4, 2007.

To the patients and physicians reading my missive you might now have something to hang your hats upon to advocate for the health of your patients.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

---------------------------------------------------------------

NOTICE OF CONFIDENTIALITY / Disclaimer

---------------------------------------------------------------

Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

My introduction to Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Monday, July 07, 2014 1:56 PM
To: Madam Secretary Sylvia Matthews Burwell, United States Secretary of Health and Human Services
Cc: 'Amy Larrick, Senior Advisor to the Principal Deputy Administrator Centers for Medicare & Medicaid'; 'Chet Burrell, President & CEO CareFirst BlueCross BlueShield'; 'Courtney Turner'; 'Daniel Moore, CEO - Cyberonics'; 'Daniel Schreiner, Acting Deputy Director - Office of Public Engagement'; 'Dr. Jeffrey A. Kelman (CMS/CM)'; 'Dr. Mark Bunker'; 'Lynda M. Gyles, Executive Assistant to the Secretary - HHS'; 'Marilyn Tavenner, Administrator - CMS'; 'Stephen J. Hemsley - CEO, United Healthcare'; 'Teresa NiƱo, Director - Office of Public Engagement'; Bryan Olin, Ph.d
Subject: VNS Therapy for Depression...

Dear Madam Secretary Burwell,

I would first like to congratulate on your recent appointment and for your very prompt response to my test document to check the accuracy of your new email address which I’ve copied and pasted below.

“Thank you very much for your e-mail.  Our ability to deliver impact depends on your input.  I very much appreciate that you’ve taken the time to write, and will be sure to share your message with the most appropriate member of my team for review. 

This Department belongs to the American people, and what you have to say matters to all of us.   As we advance our mission of providing Americans with the building blocks of healthy and productive lives, we never lose site of the fact that ultimately, you are “the boss” – and everything we do is on behalf of everyday Americans who work hard, take responsibility and rely upon the outcomes and services this Department provides.

To deliver impact and move our mission forward, we are guided by three central tenets: delivering results for the American people on a wide range of important issues; strengthening the relationships that drive progress; and building strong teams with the talent and focus that our challenges call for, and our fellow Americans deserve.

Working together, we can strengthen the foundation of a stronger middle class, a more prosperous economy, and healthier communities.

Thank you again for your message.

Sylvia Burwell

Secretary”

With the departure of former Madam Secretary Kathleen Sebelius and Jonathan Blum, Deputy Administrator and Director for the Center of Medicare at the Centers for Medicare and Medicaid Services I find myself once again in the unenviable position of starting over and having to deal with the same bureaucracy once again to reestablish a personal relationship on a more humanitarian level.  I do so in order to advocate for a unique population of volunteer medical study subjects and patients who have been egregiously, immorally, ethically and medically wronged by way of our convoluted and bureaucratic health care system and agencies lacking any wisdom or forethought as to the repercussions upon a seriously ill population of patients implanted with a medical device and then left without health insurance coverage for care and/or replacement when CMS blatantly ignored and/or overlooked grandfathering care for these patients in their May 4, 2007 decision for an FDA approved medical device.

Welcome to my reality in the trenches having to battle for your attention and that of your numerous subordinates to help insure some medical coverage for these aggrieved study subjects and patients.

Jonathan Blum before his departure set up an informal procedure to assist this unique patient group with the aid of Ms. Amy Larrick, Senior Advisor to the Principal Deputy Administrator Centers for Medicare & Medicaid.  My last telephone conversation with Mr. Blum was to see if something could be put into formal writing so that when the patients in years to come require pulse generator replacement and care for their implanted prosthesis they would not have to battle the bureaucracy once again to accomplish that goal especially now in view of the fact that Mr. Blum has left his position and my last call and message to Ms. Larrick has gone unanswered.  It now appears I am back to square one having previously spent four months straight, 24/7 getting the attention of your predecessor and subsequent action from Mr. Blum.

I am once again requesting a formal “Compassionate Use” determination in writing for all the study subjects and patients implanted for VNS Therapy for Depression on or prior to May 4, 2007.

I am now calling you out on your statement “Our ability to deliver impact depends on your input.”  You have my input as does many within your organization.

You want to “deliver impact” well then after my starting on this campaign back on June 3, 2013 the time has come to put into writing the “Compassionate Use” of this device for the patients wanting to continue with their therapy.  Make an impact now so that we have an official document on file to eliminate the need for the patients having to battle with each State’s Medicare/Medicaid agency.  And while you’re at it please consider some form of directive to the private insurance companies that their patients should rightfully also be covered.

Should you have nothing better to do and would seek to be better informed as to what has transpired you might also consider perusing my blog site with special attention paid to the entries made in August and September 2013 encompassing my correspondence with Jonathan Blum as well as a recorded telephone conversation on-the-record.

It is time we finally get this matter resolved.

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

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Thursday, January 30, 2014

What is it that you and your agency doesn't understand?

From: Herbert Stein [mailto:fabrik@bellsouth.net]
Sent: Thursday, January 30, 2014 12:12 PM
To: Madam Secretary Kathleen Sebelius, United States Secretary of Health and Human Services
Cc: Jonathan Blum, Deputy Administrator and Director for the Center of Medicare at the Centers for Medicare and Medicaid Services; Amy Larrick, Senior Advisor to the Principal Deputy Administrator Centers for Medicare & Medicaid; Stephen J. Hemsley - CEO, United Healthcare; Chet Burrell, President & CEO CareFirst BlueCross BlueShield
Subject: What is it that you and your agency doesn't understand?

Dear Madam Secretary Sebelius,

Are you so beyond reproach that after numerous emails to you that you lack the common decency and courtesy of an acknowledgement or response from either you or one of your subordinates?  Is such a response also beyond your humanism and the scope of your position, agency or mission?

I write to you not asking anything for myself but I do so on behalf of seriously ill patients.  I do so because CMS, one of the agencies under your domain seriously screwed up.  I do so because their screw up was egregious, unconscionable, immoral and obviously lacking much wisdom and foresight.

The FDA, approves a therapy.  Then two years later another agency under your dominion, CMS, denies medical coverage for an FDA approved therapy and from my understanding the first time such an event took place.  The health insurance industries follows CMS lead and denies coverage to their subscribers.  We are then left with implanted medical devices in volunteer study subjects and patients who obtained the therapy as study subjects or by way of their insurance coverage during the two year gap between FDA approval and CMS denial.  Absolutely brilliant thinking on the part of our convoluted government agencies and its voluminous staff of administrators and so called expert personnel (stated sarcastically).

It is almost 7 years from the date CMS first denied coverage.  To correct this blatant oversight CMS has apparently understood the gravity and seriousness of this error and/or oversight and has partially corrected the situation by issuing a “Stealth Decision”.  CMS has acted responsibly and is caring for these patients but the private health insurers have not followed suit.

I did learn from CMS that they have no authority over the private health insurance carriers.  I can understand and accept the scope of their authority.  What I can’t accept is the fact I requested CMS, Ms. Amy Larrick, to please call the private health insurance carriers or to write to them explaining their recent reversal decision to care for all the Medicare/Medicaid patients needing help for all those implanted on or prior to their previous denial date of May 4, 2007.  It was further explained to me that a meeting was held within CMS and the decision was made that they would not call or write.  What I also cannot accept or fathom, i.e. United Healthcare managed Medicare programs have paid for patient replacement and care and the same company has denied care to private payers?  How is that possible and not a violation of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA)? Does this not smack of discrimination?

Is there not anyone within your various agencies that can fully grasp the seriousness of what is transpiring?

What you also may be lacking in your knowledge and wisdom is the fact these patients responded and obtained efficacy from VNS Therapy for multiple years and now that their pulse generators (batteries) are depleting they are returning to the abyss of depression, despair and agony and suicidal ideations.  How in good conscience can you or anyone reading my missives still sit by and do nothing when we know there is an effective treatment being denied these patients.  Too boot, there is a substantial cost savings not only to the government but the insurance carriers as well in maintaining their long-term wellness.  Add to the fact a number of these patients have been able to maintain employment, pay taxes and are now facing losing both their wellness and employment.

Therefore, my goal of having health insurers change their policy toward these patients has only partially been achieved and my reason for hounding you and your agency to act responsibly and now!

“HHS Operating Divisions are responsible for implementing programs that touch the lives of all Americans. Whether it’s providing millions of children, families, and seniors with access to high-quality health care, helping people find jobs and parents find quality child care, keeping the food on Americans’ shelves safe and infectious diseases at bay, or exploring new frontiers of biomedical research, we are working every day to give Americans the building blocks they need to live healthy, successful lives.”

You “are working every day to give Americans the building blocks they need to live healthy, successful lives.”  Oh really, you’ve fooled me.  I couldn’t tell by your total lack of response, concern or effort for this small group of seriously ill patients.

I know little about the bureaucracy of your agency or for that matter the workings of any government agency other than to opine that I am truly amazed that anything worthwhile or effective ever seems to be accomplished.  I also question whether you or any of your staff take the time to read what you publish on your webpages.  If so then you would know and understand that I am not asking for anything outrageous or beyond the scope of your agencies capabilities.

I am again asking you to please notify the private health insurance carriers of CMS policy change in their “Stealth Decision” as it relates to this unique group of seriously ill patients.  Do what is right only do it now!

Sincerely,

Herb

Joyce and Herbert Stein

1008 Trailmore Lane

Weston, FL 33326-2816

(954) 349-8733

vnsdepression@gmail.com

http://www.vnstherapy-herb.blogspot.com

http://www.vnstherapy.wordpress.com

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NOTICE OF CONFIDENTIALITY / Disclaimer

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Disclaimer: This E-Mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this E-Mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this E-Mail in error, please notify the sender immediately at the email address and/or phone number above and delete the information from your computer. Please do not copy or use it for any purpose nor disclose its contents to any other person.

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.