Agnecies

 

On 21 January 2010, 30 April 2010, and 23 February 2012, based upon patient’s complaints of permanent injury by Jihad Kaouk, a surgeon at the “world class” Cleveland Clinic the Centers for Medicare/Medicaid Services (CMS) found:
Specifically cited in CMS Report of 01/21/2010 as a result of Patient inquiry:

a. 482.13(a)(2)(iii) PATIENT RIGHTS: NOTICE OF GRIEVANCE DECISION

At a minimum: In its resolution of the grievance, the hospital must provide the patient with written notice of its decision that contains the name of the hospital contact person, the steps taken on behalf of the patient to investigate the grievance, the results of the grievance process, and the date of completion.

This STANDARD is not met

b. 482.24 MEDICAL RECORD SERVICES

The hospital must have a medical record service that has administrative responsibility for medical records. A medical record must be maintained for every individual evaluated or treated in the hospital.

This CONDITION OF PARTICIPATON is not met

c. 482.24(b) FORM AND RETENTION OF RECORDS

The hospital must maintain a medical record for each inpatient and outpatient. Medical records must be accurately written, promptly completed, properly filed and retained, and accessible. The hospital must use a system of author identification and record maintenance that ensures the integrity of the authentication and protects the security of all record entries.

This STANDARD is not MET

d. 482.24(c)(2)(v) CONTENT OF RECORD - INFORMED CONSENT

[All records must document the following, as appropriate:] Properly executed informed consent forms for procedures and treatments specified by the medical staff, or by Federal or State law if applicable, to require written patient consent.

This STANDARD is not met

CMS tells CEO Cosgrove, “We have determined that the deficiencies cited are significant and limit your hospital's capacity to render adequate care and to ensure the health and safety of your patients.

CMS is removed from deemed status for serious violations and placed under state oversight.

THE FEDERAL GOVERNMENT IN SECOND INVESTIGATION DISCOVERS SIX OPERATING ROOM FIRES NOT REPORTED, PATIENTS BURN INJURIES NOT PROPERLY DOCUMENTED, MULTIPLE SAFETY CODE AND CITES THE CLEVELAND CLINIC FOUNDATION (04/30/2010)

2. Specifically cited in CMS Report of 04/30/2010 as a result of Plaintiff’s initial inquiry with CMS:

a. 482.12 GOVERNING BODY

The hospital must have an effective governing body legally responsible for the conduct of the hospital as an institution, If a hospital does not have an organized governing body, the persons legally responsible for the conduct of the hospital must carry out the functions specified in this part that pertain to the governing body,

This CONDITION of PARTICIPATION is not met

b. 482.129(a)(5) MEDICAL STAFF ACCOUNTABILITY

[The governing body must] ensure that the medical staff is accountable to the gtoverning body for the quality of care provided to patients.

This STANDARD is not met

c. 482.13(c)(2) PATIENT RIGHTS;CARE lN SAFE SETTING

The patient has the right to receive care in a safe setting.

This STANDARD is not met

d. 482.21 QAPI (QUALITY ASSURANCE PERFORMANCE IMPROVEMENT PROGRAM)

The Hospital must develop, implement and maintain an effective, ongoing, hospital-wide, data-driven quality assessment and performance improvement program.

This CONDITION OF PARTICIPATION is not met

c. 482.21(c)(1) QAPI PATIENT SAFETY

The hospital must set priorities for its performance activities that:

1. Focus on high-risk, high-volume, or problem-prone areas;

2. Consider the incidence, prevalence, and severity of roblems in those areas; and

3. Affect health outcomes, patient safety, and quality of care.

This STANDARD is not met

d. 482.41 PHYSICAL ENVIRONMENT

The hospital must be constructed, arranged, and maintained to ensure the safety of the patient, and to provide facilities for diagnosis and treatment and for special hospital services appropriate to the needs of the community.

This CONDITION OF PARTICIPATION is not met

e. 482.41(b)(1)(2)(3) LIFE SAFETY FROM FIRE

(1) Except as otherwise provided in this section-

(i) The hospital must meet the applicable provisions of the Life Safety Code of the National Fire Protection Association.

This STANDARD is not met

f. 482.41(b)(7) FIRE CONTROL PLANS

The hospital must have writeen fire control plans that contain provisions for prompt reporting of fires; extinguishing fires; protection of patients, personnel and guests; evacuation; and cooperation with fire fighting authorities.

This STANDARD is not met

g. 482.41(c)(2) FACILITIES, SUPPLIES, EQUIPMENT MAINTENANCE

Facilities, supplies, and equipment must be maintained to ensure an acceptable level of safety and quality.

This STANDARD is not met

h. 482.51 SURGICAL SERVICES

If the hospital provides surgical services, the services must be well organized and provided in accordance with acceptable standards of practice. If outpatient surgical services are offered the services must be consistent in quality with inpatient care in accordance with the complexity of services offered.

IMMEDIATE JEOPARDY CONTITION WAS ISSUED

Due to Operation Room fires and injury to patients reported

This CONDITION OF PARTICIPATION is not met

i. 482.51(b) OPERATING ROOM POLICIES

Surgical services must be consistent with needs and resources. Policies governing surgical care must be designed to assure the achievement and maintenance of high standards of medical practice and patient care.

This STANDARD is not met

j. NFPA 101 LIFE SAFETY CODE STANDARD

Multiple Life Safety code requirements.

This STANDARD is not met

k. NFPA 101 MISCELLANEOUS LIFE SAFETY CODE STANDARDS

Multiple Other Life Safety Code Deficiencies not on CMS Form 2786

This STANDARD is not met

THE FEDERAL GOVERNMENT IN A THIRD INVESTIGATIONS DETERMINES THE CLEVELAND CLINIC DOES NOT PROPERLY CERTIFY STAFF, RESIDENTS OR HAVE CERTIFICATION REQUIREMENTS FOR ROBOTIC PROCEDURES. CMS CITES CLEVELAND CLINIC FOUNDATION FOR UNSAFE CONDITIONS AND VIOLATING REGULATIONS (02/23/2012)

e. 482.12 GOVERNING BODY

The hospital must have an effective governing body legally responsible for the conduct of the hospital as an institution, If a hospital does not have an organized governing body, the persons legally responsible for the conduct of the hospital must carry out the functions specified in this part that pertain to the governing body,

This CONDITION of PARTICIPATION is not met

f. 482.22 MEDICAL STAFF

The hospital must have an organized medical staff that operates under bylaws approved by the governing body and is responsible for the quality of medical care provided to patients by the hospital.

This CONDITION of PARTICIPATION is not met

g. 482.12(a)(2) MEDICAL STAFF APPOINTMENTS

[The governing body must] appoint members of the medical staff after considering the recommendations of the existing members of the medical staff.

This STANDARD is not met

h. 482.12(a)(3) MEDICAL STAFF – BYLAWS

[The governing body must) assure that the medical staff has bylaws.

This STANDARD is not met

i. 482.22(a)(1) MEDICAL STAFF PERIODIC APPRAISALS

The medical staff must periodically conduct appraisals of its members.

This STANDARD is not met

j. 482.22(a)(2) MEDICAL STAFF CREDENTIALING

The medical staff must examine credentials of candidates for medical staff membership and make recommendations to the governing body on the appointment of the candidates.

This STANDARD is not met

k. 482.22(c)(4) MEDICAL STAFF QUALIFICATIONS

Describe the qualifications to be met by a candidate in order for the medical staff to recommend that the candidate be appointed by the governing body.

This STANDARD is not met

l. 482.22(c)(6) CRITERIA FOR MEDICAL STAFF PRIVILEGING

[The bylaws must] Include criteria for determining the privileges to be granted to individual practitioners and a procedure for applying the criteria to individuals requesting privileges. For distant-site physicians and practitioners requesting privileges to furnish telemedicine services under an agreement with the hospital, the criteria for determining privileges and the procedure for applying the criteria are also subject to the requirements in §482.12(a)(8) and (a)(9) , and §482.22(a)(3) and (a)(4). '

This STANDARD is not met

CMS again tells CEO Cosgrove, “We have determined that the deficiencies cited are significant and limit your hospital's capacity to render adequate care and to ensure the health and safety of your patients.

CMS is again removed from deemed status for serious violations and placed under state oversight.


 
JOINT_COMMISSION.pdf

KEPRO.pdf

MEDICAL_MUTUAL.pdf


 
LETTERS TO TOBY COSGROVE FROM MEDICARE
THE STANDARD OF CARE IS NOT BEING MET AND
CLEVELAND CLINIC IS ABOUT TO LOSE IT'S MEICARE STATUS


MARCH_2012_CMS_LETTER_TO_COSGROVE.txt


MARCH_2010_CMS_LETTER_TO_COSGROVE.txt


May_2010_CMS_LETTER_TO_COSGROVE.txt



These are some of the agencies we contacted to file a complaint against the Cleveland Clinic. It is all a big hoax. As you can see not one of them was on the side of the patients. They are in business to protect the doctors. There was an article written by a man that said you would think these agencies; that are supposedly there to help you are only in business "to protect bad patients from the doctors." Not the other way around.

Kepro refused to disclose the results of their investigation. They said it was the doctors choice not to disclose the results. It was our investigation! Where are our rights? Unos had a three way phone call with us, but basically said they were powerless to do anything.

Cosgrove's so-called version of what happened when medicare came to inspect them is a bold faced lie as usual. There were not minor things to fix at the clinic as he reported in the above newspaper article. This is proved in the letter he received from the Ohio Dept of Health weeks later which is copied in the above link. However, not all the pertinent information was available at the ODH website. There were other pages not listed for public information. Nothing but hype and cover ups as usual. You have to wonder if the clinic was even  forced to fix any of these problems or they were just let off the hook, and a report was made only because it has to be recorded on paper by the government.

What kind of evil, sadistic mind does it take to let surgeons go out and chop, maim and kill patients. Then round up the influential people in town to be on their board of directors to cover their blunders and watch their backs. Then when they are done charging you two and three times for their medical errors, they take the money to pay off organizations to protect them and not the patients.

Here's a novel idea-why not spend your time and money on making sure your doctors are performing surgery correctly, overseeing your nurses and staff. I guess that would take honesty and that is just not how the Cleveland Clinic is run.