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  <title>Open Congress : Comments on Jon Porter</title>
  <link href="http://news.opencongress.org/comments/atom/person/400324" rel="self"/>
  <updated>2008-12-02T05:38:05Z</updated>
  <author>
    <name>opencongress.org</name>
  </author>
  <id>tag:opencongress.org,2007:/person/comments/400324</id>
  <entry>
    <title>New comment by Anonymous</title>
    <link href="/comments/atom/person/400324" rel="alternate"/>
    <updated>2008-12-02T05:38:05Z</updated>
    <id>tag:opencongress.org,2008-12-02:/comment/66808</id>
    <author>
      <name>Anonymous</name>
    </author>
    <content type="html">
ARE THEY KINGS OF SLAVES OR THE US CONGRESS ?

CRIMES AGAINST HUMANITY IN USA HAVE BEEN DEVIOUSLY &amp; DECEPTIVELY INFLICTED ON POORER AMERICAN&#8217;S !

**** A INTERNATIONAL WORLD COURT INVESTIGATION IS NEEDED INTO THESE HUMAN RIGHTS VIOLATIONS &amp; CRIMES AGAINST HUMANITY !

PRESIDENT OBAMA NEEDS TO TELL THE LEADERS OF THE FREE WORLD DEMOCRATIC US CONGRESS ~ LET MY PEOPLE GO !

WILL THE INTERNATIONAL WORLD COURT AND THE POPE COME TO THE RESCUE OF THESE TENS OF THOUSANDS OF ENSLAVED POORER AMERICAN&#8217;S ??
***The CATHOLIC CHURCH could really help AMERICA right now by arranging a speech from the VATICAN by the POPE concerning THIS modern day ENSLAVEMENT of POORER AMERICAN&#8217;S by our complacent IVORY TOWER US CONGRESS who appears to be more interested in financing other US Congressional interests then our UNDERFUNDED AMERICAN JUDICIAL SYSTEM.
THE POPE KNOWS THE DIFFERENCE BETWEEN A STATE MURDER OF TROY DAVIS IN GEORGIA, AND A JUDICIAL EXECUTION OF TROY DAVIS IN GEORGIA.
*** MANY INTERNATIONAL CITIZENS HAVE ALREADY STARTED TO BOYCOTT THIS ROGUE STATE OF GEORGIA !

***WILL MILLIONS MORE OF CARING AMERICAN&#8217;S AND INTERNATIONAL CITIZENS AVOID GIVING THE STATE OF GEORGIA ANY FUTURE BUSINE$$ IF A 3YR. BOYCOTT TAKES PLACE OVER THIS STATE NOT EVEN OFFERING JUSTICE WITH A NEW LEGITIMATE CRIMINAL TRIAL FOR MR.TROY DAVIS? IT&#8217;S BEEN SAID BY MANY THAT A THREE YEAR INTERNATIONAL BOYCOTT OF THIS STATE MIGHT VERY WELL COST IT TENS OF MILLION$ WHERE A NEW AND FAIR TRIAL OF TROY DAVIS MIGHT COST THE STATE LESS THAN $100,000.

**** A SPECIAL FEDERAL TASK FORCE MADE UP OF INVESTIGATORS AND LAWYERS DESIGNED TO VERIFY EVERY ASPECT OF THE 3,300 VARIOUS DEATH ROW LEGAL CASES NATIONWIDE,IS OUR COUNTRIES ONLY REAL METHOD TO MAKE SURE WE DO NOT ALLOW STATES LIKE GEORGIA TO CONTINUE ATTEMPTING TO MURDER POSSIBLE INNOCENT POORER AMERICAN&#8217;S LIKE MR.TROY DAVIS!

*** FOR THOSE MILLIONS OF AMERICAN&#8217;S WHO BELIEVE IN GOD, WE ALL HAVE TO WONDER IN TOTAL AMAZEMENT, HOW OUR AMERICAN RELIGIOUS LEADERS HAVE ALLOWED THIS HORROR TO CONTINUE WRONGFULLY EXECUTING AND INCARCERATING INNOCENT AMERICAN&#8217;S ALL ACROSS OUR COUNTRY ???

LAWYERS FOR POOR AMERICANS IS A DEDICATED WWW VOLUNTEERS LOBBY GROUP WHO ARE INTERESTED IN PREVENTING FURTHER CRIMES AGAINST HUMANITY CONTINUING TO BE INFLICTED ON MIDDLE CLASS AND WORKING POOR AMERICANS WHO ARE BEING DENIED PROPER LEGAL REPRESENTATION AND BEING FALSELY IMPRISONED AND EXECUTED ALL ACROSS AMERICA!!
lawyersforpooramericans@yahoo.com 424-247-2013)
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THE GREAT LIE
by Gerry Spence

The idea that we should furnish the poor with a public defender has been an effort to save our nation from shame - for sending the poor to prison without adequate representation. But today the nation&#8217;s public defender system has become a mockery of justice.

To provide an accused with a public defender who has three hundred other cases to defend is simply to laugh in the face of both justice and the accused himself. It takes me months to prepare the average criminal case for trial. The trial itself can take weeks, even months.

While O.J. Simpson was being tried in Los Angeles for murder, a case that cost millions to defend and months to conclude, another black man was being tried in the same courthouse for a similar murder. It took only three days for a jury to find him guilty. He had a public defender with scores of other cases to defend. Many prosecutors boast that they have over a 90 percent conviction rate. Little wonder. Under the present public defender system the prosecutors should enjoy one hundred percent convictions, and many in fact approach perfect conviction rates.

The public defenders in seven states have finally refused to take on any new cases. It&#8217;s about time. If I walked into court to defend my client and had never talked him, never previously opened his file, never discovered the witnesses against him, much less interviewed them, never reviewed the evidence in the hands of the prosecution, never demanded my clients rights to discovery, never read the cases relevant to the case at hand, never prepared the cross examination of the witnesses against my client, never &#8230; and on and on, I would be guilty of legal malpractice.

Every public defender who purports to represent an accused under circumstances in which he or she has neither the time nor the resources to fully defend the client is guilty of malpractice. These public defenders cannot be saved from malpractice because they are crushed under a ridiculous case load - some with even as many as five hundred cases or more. No one who was accused with such an attorney has received a fair trial and every such accused is entitled to an appeal on that basis alone. The judge must not sentence the accused under these circumstances because the judge would be taking part in a fraud on the system. Yet hundreds of thousands of indigent persons go to prison each year under circumstances no better than those outlined above.

When I was coming up as a young prosecutor, the defendants were represented pro bono by the lawyers in the local bar. It was part of the duty of members of the bar to take part in the justice system. Today that idea is unheard of. The practice of law is first and foremost a money-making profession. I see nothing wrong with that notion, but what about giving back?

Every trial lawyer should be required to take on a couple of pro bono cases every year. At our office we have a separate pro bono law firm and have for over ten years. It often brings us more satisfaction than our big money wins. The job of a lawyer is to represent the people - the lost, the forgotten, the damned, the hated, the voiceless and the poor. Indeed, God forbid, we may one day become one of those who are entitled to representation but cannot afford it.

Every time an accused goes to prison without having received a fair trial we are one step closer to the loss of our own freedoms. Our rights are, in fact, being fought for by public defenders who can never fulfill their duty to their clients because of their pathetic, impossible, caseloads. When they fail, we are in danger. Our system becomes a hypocritical charade. And we prove, once and for all, that the promised justice for all in America is an evil lie that is imposed on the poor.

If only those with money can receive justice, then how can we permit our children to recite a horrible falsehood in school when they chant, &#8220;with liberty and justice for all.&#8221; That can no longer be the truth in America.
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GERRY SPENCE IS A RENOWNED LAWYER AND PATRIOTIC AMERICAN WHO EVEN AT THE AGE OF 82, CONTINUES TO SHOW A KEEN INTEREST IN WANTING TO BETTER AMERICA FOR THE MASSES OF POORER AMERICANS BEING CAUGHT IN OUR UNDERFUNDED JUDICIAL SYSTEM.LAWYERS FOR POOR AMERICANS THANKS YOU MR.SPENCE FOR TAKING YOUR TIME AND INTEREST IN SPEAKING THE TRUTH ABOUT A JUDICIAL SYSTEM IN NEED OF C*H*A*N*G*E&#8230;

** WE CAN ONLY HOPE AND PRAY OTHER AMERICAN LAWYERS AND JUDGES WILL FOLLOW YOUR LEAD SO THE PROPER FINANCING CAN BE ALLOCATED BY OUR IVORY TOWER US CONGRESS !

*** ANYONE INTERESTED CAN GOOGLE OR YAHOO GERRY SPENCE ON THE WWW FOR MANY OTHER ENLIGHTENING HONEST ARTICLES.    </content>
  </entry>
  <entry>
    <title>New comment by Anonymous</title>
    <link href="/comments/atom/person/400324" rel="alternate"/>
    <updated>2008-11-07T13:00:39Z</updated>
    <id>tag:opencongress.org,2008-11-07:/comment/57436</id>
    <author>
      <name>Anonymous</name>
    </author>
    <content type="html">
*** THIS IS ONLY THE TIP OF THE ICEBERG OF INJUSTICES BEING INFLICTED ON OUR POORER AMERICAN'S IN A UNDERFUNDED JUDICIAL SYSTEM THAT NEEDS...C*H*A*N*G*E.......

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*********************************************************** http://www.nola.com/timespic/stories/index.ssf?/base/news-0/1223616107256210.xml&amp;coll=1
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lawyersforpooramericans@yahoo.com (424-247-2013)    </content>
  </entry>
  <entry>
    <title>New comment by DOUGLASFIELD</title>
    <link href="/comments/atom/person/400324" rel="alternate"/>
    <updated>2008-10-19T18:21:38Z</updated>
    <id>tag:opencongress.org,2008-10-19:/comment/51490</id>
    <author>
      <name>DOUGLASFIELD</name>
    </author>
    <content type="html">
WHAT IF OUR US CONGRESS COULD CARE LESS ABOUT OFFERING JUSTICE TO OUR POORER AMERICANS ???


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

lawyersforpooramericans@yahoo.com (424-247-2013)
    </content>
  </entry>
  <entry>
    <title>New comment by viperfred</title>
    <link href="/comments/atom/person/400324" rel="alternate"/>
    <updated>2008-10-19T00:32:51Z</updated>
    <id>tag:opencongress.org,2008-10-19:/comment/51102</id>
    <author>
      <name>viperfred</name>
    </author>
    <content type="html">
FAX COVER SHEET 



Date: October 17, 2008 
HHS OIG 
TO: Operator zz 
Confidential Material Enclosed 

FAX Number: 202 619 1381 
Subject: Medicare Abuse Trailbalzer and Palmetto 

From: Fred 
408 home 
408 cell 
408 office 
408 office fax 

Dear Operator xx, 

Thank you for taking time to listen to my concerns about Palmetto GBA and Trailblazer. I sincerely appreciate your help in this matter. 

These new Medicare providers, Trailblazer and Palmetto, have removed a treatment option (SBRT/CyberKnife) for prostate cancer that is one if not the very best and most cost effective. Medicare had covered treatment of prostate cancer by the CyberKnife but effective de. 15, 2008 that treatment option is no longer available in the Palmetto region. In June of 2008 Trailblazer removed SBRT/Cyberknife as a treatment option. The alternate external beam treatment (IMRT) will cost Medicare a %100 more than SBRT/CyberKnife. This will also increase the patients&#8217; side effects, and reduce cure rates. IMRT requires 40 days of treatment the SBRTCyberKnife requires 5 days of treatment. 

In my opinion this is criminal. Their actions increase the cost to Medicare and lower the quality and may result in death due to failure of cure by IMRT. 

I have attached my letter to the Whitehouse to fight the decline in medical care while increasing cost. 

Best Regards, 
Fred 
Page 11 (s) 
If you have any questions please feel free to contact me. 


October 13, 2008 
President George W. Bush 
The White House 
1600 Pennsylvania Avenue NW 
Washington, DC 20500 

Dear Mr. President, 

I am very concerned about the economic crisis. 

It seems criminal for a Medicare service provider to eliminate a cancer treatment option that would same the country tens of millions of dollars and benefit cancer patients at the same time. Medicare providers Palmetto in California and Trailblazer (TX, OK, CO and NM) are increasing Medicare cost and providing lower quality medical care. Both have eliminated stereotactic body radiation therapy (SBRT)/CyberKnife coverage for prostate cancer treatment. The previous Medicare providers covered SBRT for prostate cancer. The alternative external beam treatment, IMRI, will double the cost to Medicare and increase the cost for patient&#8217;s transportation and lodging (if required) by 800%. Trailblazer stopped paying for prostate cancer treatment with SBRT June 13, 2008. Effective Dec. 15, 2008 Palmetto will stop treatment of prostate cancer and cancer of the pancreas. 

Patients should be entitled to have a say in selecting the best treatment for their best quality of life and most important their life. This should be a fundamental right. 

Please consider the actions of these Medicare providers and take corrective action to save millions of dollars and improve medical treatment for cancer patients. In my opinion both of these providers should have their contracts suspended for cause. 

My e-mail below to Daniel R. Levinson, Inspector General has the details for the specifics in California. 

Please feel free to have a staff member contact me at any time. 


Best Regards, 



Fred 
Saratoga CA 95070 
408 

Date: Sun, 12 Oct 2008 20:43:44 -0700 
To: HHSTips@oig.hhs.gov 
From: Fred Kinder &lt;fred@usea.com&gt; 
Subject: Medicare Abuse by Palmetto Government Benefits Administrators (GBA) /California 
Cc: Senator Barbara Boxer, Senator Dianne Feinstein, Senator Hillary Rodham Clinton, KPIX Craig Franklin 
Bcc: Accuray Susan Thompson, Accuracy Catherine_Bonetti, Accuray Debra Mills, Accuray Jim English, Doctor Adler, Doctor Clinton_Medbery, Doctor LaNasa_Peter, Dr. Alan Katz, Dr. D. Fuller, Dr. King Stanford, Dr. Spunberg 

Office of the Inspector General 
HHS TIPS Hotline 
P.O. Box 23489 
Washington, DC 20026 
Mr. Daniel R. Levinson 


Dear Mr. Levinson, Inspector General 

California Medicare provider Palmetto Government Benefits Administrators (GBA) just re-released their policy guide lines for cancer treatment by stereotactic radiosurgery (SRS) and stereotactic body radiation therapy (SBRT) in draft form. Palmetto is removing a cancer treatment by SRS/SBRT/CyberKnife for the Prostate and Pancreas. This will result in higher cost to Medicare, higher cancer failure rates adding to patient suffering and additional treatment (adding cost), higher incidence of side effects reducing the quality of life for patients. This treatment was covered by the previous Medicare administrator. Why would, SRS/SBRT, the best External Beam (EB) radiation treatment for prostate cancer be removed? The new policy now covers an External Beam radiation option (IMRT) that cost a 100% more than SRS/SBRT , has increased side effects and a lower cancer cure rate. Why? Also consider the Palmetto EB option (IMRT) requires 40 days of treatment. The SRS/SBRT by CyberKnife requires 5 days of treatment. The cost of patient travel and inconvenience is 800% higher as the result of the irresponsible actions of Palmetto. 

Palmetto was provided medical evidence by experts in the field (see attachment) for reconsideration before they re-released their policy changes. Their final comment period runs from Oct 30 thru Dec 15, 2008. 

The Center for Medicare and Medicaid (CMS) mission statement is as follows: 

CMS' mission is to ensure health care security for its beneficiaries. A major component in achieving this mission is the successful administration of Original Medicare, or Fee-for-Service (FFS) Medicare. Medicare Contracting Reform (or section 911 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003) is a major component in achieving this mission. Section 911 mandates that the Secretary for Health &amp; Human Services replace the current contracting authority to administer the Medicare Part A and Part B FFS programs, contained under Sections 1816 and 1842 of the Social Security Act, with the new Medicare 
Administrative Contractor authority. Through the implementation of Medicare Contracting Reform, CMS will establish a premier health plan that allows for comprehensive, quality care and world-class beneficiary and provider service. 

In summary the Palmetto changes are not in compliance with CMS Medicare Reform. World-class treatment for early state prostate cancer is SRS/SBRT. Their changes will also cost Medicare additional millions of dollars and reduce the patient&#8217;s quality of life. Patients should be entitled to have a say in selecting the best treatment for their best quality of life and most important their life. This should be a fundamental right. In my opinion Palmetto is acting as a Doctor (do they have a license to practice medicine?) for Medicare patients. If they are, then their actions are in violation of the Hippocratic Oath. Is Palmetto acting as a Doctor? 

As a result of my personal fight with Blue Shield of California for prostate cancer treatment by the CyberKnife I have become a prostate cancer advocate for research, education, screening and treatment. The story with Blue Shield can be viewed at the following CBS link http://cbs5.com/investigates/CyberKnife.blue.shield.2.716740.html . FYI, Blue Shield of California added the CyberKnife as a treatment option for prostate cancer July of 2008, 

Please enforce the CMS policies on Palmetto so they can not remove SRS/SBRT as a cancer treatment option for prostate and pancreas cancer. 

Contact me if you have any questions. 


Best Regards, 


Fred 
Saratoga, CA 95070 
Cell 408 

CyberKnife Robotic Radiosurgery as Definitive Treatment for Prostate Cancer: 
May 15, 2008 
Donald B. Fuller, M.D. Iris C. Gibbs, M.D. 
Radiation Oncologist Radiation Oncologist 
CyberKnife Centers of San Diego Stanford Cancer Center 
Radiation Medical Group 875 Blake Wilbur Dr. 
2466 First Ave, Stanford, CA 94305-5847 
San Diego, CA 92101 
Christopher R. King, M.D., Ph.D. Douglas S. Wong, M.D., Ph. D. 
Radiation Oncologist Radiation Oncologist 
Stanford Cancer Center California Cancer Center 
875 Blake Wilbur Dr. CC-G213 Dept. of Radiation Oncology 
Stanford, CA 94305-5847 7257 N. Fresno St. 
Fresno, CA 93720-2950 
Greetings: 
Collectively we represent a group of ABR Board Certified Radiation Oncologists with 
expertise and extensive experience in 3DCRT, IMRT, IGRT, HDR Brachytherapy, 125I 
permanent source brachytherapy, 103Pd permanent source brachytherapy and 131Cs 
permanent source brachytherapy. We have prepared this document in support of 
CyberKnife robotic radiosurgery as definitive prostate cancer treatment. Although the 
evidence may be regarded by some as preliminary, it is our opinion that robotic 
radiosurgery is likely to be at least as safe and effective as any other radiation method in 
the treatment of this disease. To avoid coverage confusion, it should be regarded as an 
improvement to an existing modality (radiotherapy) rather than classified as a completely 
new intervention. Our reasons for recommending robotic radiosurgery include the 
following: 
1. FDA approval 
a. In 2001, the FDA cleared the CyberKnife device for use throughout the 
body, wherever therapeutic radiation is indicated. This makes perfect 
sense, as CyberKnife robotic radiosurgery simply represents a very precise 
and powerful method of ionizing radiation delivery. The FDA 510(k) 
clearance was based on use of Varian&#8217;s Clinac as the predicate device. 
2. Medicare Coverage 
a. In 2003, CMS recognized stereotactic radiosurgery as inclusive of prostate 
cancer. To quote the CMS Manual System Department of Health &amp; 
Human Services (DHHS), Pub. 100-20 One-Time Notification Centers for 
Medicare &amp; Medicaid Services (CMS), Transmittal 32 Date: DECEMBER 
19, 2003, CHANGE REQUEST 3007, I, B, 4. Billing for Stereotactic 
Radiosurgery: 
&#8220;Stereotactic radiosurgery (SRS) is a form of radiation therapy for 
treating abnormalities, functional disorders, and tumors of the brain 
    </content>
  </entry>
  <entry>
    <title>New comment by americausa</title>
    <link href="/comments/atom/person/400324" rel="alternate"/>
    <updated>2008-06-04T16:26:29Z</updated>
    <id>tag:opencongress.org,2008-06-04:/comment/19786</id>
    <author>
      <name>americausa</name>
    </author>
    <content type="html">
I have been out of work since November 2007. My unemployment benefits ran out last month. I am 53 old and have work hard all my life. I've paid taxes all my life, and this is how my country is treating me. Unbelievable. Totally disgusting. So anytime I am not looking for a job,  I will spend time and dedicate to making sure any politician that votes nay on not extending unemployment insurance will be out of a job their next term by informing the public of their decision in every forum available. I will encourage others to do so as well.    </content>
  </entry>
  <entry>
    <title>New comment by lerichards</title>
    <link href="/comments/atom/person/400324" rel="alternate"/>
    <updated>2008-03-01T16:53:12Z</updated>
    <id>tag:opencongress.org,2008-03-01:/comment/2034</id>
    <author>
      <name>lerichards</name>
    </author>
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&#65279;

               To whom it may concern:
I will not weary you in a lot of vague ideas and experiences, for they will offer nothing to give
action toward your investigating the area of my concern. My concern is coming from above,
namely Space Satellites. The Federal Government has placed in space, for National Security
reasons Space Stations to observe areas of our great country, thinking that our enemies may
attack us. Of course, some individuals within the Government, citizens too, believe any and all
means are necessary to protect and defend the citizens of this Great Nation, and I agree. The thing
is, these Satellites can and are being used for seeking out and disrupting citizens from their normal
everyday activities. Satellite technology doing harm to citizens is a dastardly thing within any
country when their technology becomes the controlling factor to those citizens living &#8220;the pursuit
of happiness&#8221; dream. 
For me to comprehend its existence, Satellite Technology and its usage is as mysterious as
its ramifications on my life. The continuous effect of The Satellite Program has advanced my
interest; otherwise, I would have never become involved. The effects of Satellite bombardment
are unbroken in any and all my endeavors. The Satellite program has totally surrounded me,
controlling me, consequentially forging me outside my normal existence.
It is difficult to describe the effects and harm the U S Government is doing to my body.
My toenail has a tear; toes are discolored, small reddest mark on different part of my body. Laser
is being used more of late, due to it&#8217;s effectiveness in penetrating my surround barriers. There is
no end to the torturing I&#8217;m suffering. To say the least, I need something done, an immediately.
I&#8217;m hoping you may help me in this distressing matter.
As I understand, nearly a year of constant surveillance and harmful penetration, satellites
are operated by using a ground coordinator. A person who physically monitors, making contact
with me, following me by vehicle or coming close to my approxime while in stores, etc. The
spying while in my home is done with equipment in neighboring homes, surveillance of my every
move 24 hours a day. 
Sincerely, Lawrence E Richards 352-585-5466
7272 Landsdale St.
Brooksville, Fl. 34601
law_richards@yahoo.com
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