Friday, November 8, 2024

 88 You Lose, Deadly – 8 November 2004

Is this fiction?

It is an awful play on words, but Deadly’s job really was deadly easy. 

When the Angel of Death found its victims, they never put up a fight.  How could they?  The Angel of Death was – it was the Angel of Death.  Everyone Deadly ever met in its long career rolled over and died when Deadly appeared.

Deadly’s assignment to collect Margaret was very routine.  She had untreatable cancer and she knew her life was doomed.  Deadly only had to arrive.  In the uncountable previous assignments, this was always enough.  Deadly came; Deadly showed its face and the assignments curled up their toes and “walked” to the next destination.  Deadly’s eternal career was as simple as this.

This changed with the Margaret assignment.

It started as usual.  Margaret was exhausted by the lethal cancer, the chemotherapy and the radiotherapy.  Deadly knew the rationale of chemotherapy and radiotherapy - spray the patient with medicinal poison to kill everything possible, good, bad and in between cells,.  Deadly’s job was to ensure Margaret said her final good byes before the good cells regrew.  Margaret was only barely alive.  The treatment plus the cancer in her digestive system meant she was doomed.

****

Why did she resist so strongly?  How did she find the strength?  Why did this assignment go so wrong?

It was night with and Margaret in bed.  Deadly slipped between Margaret and the husband.  It was the best way to do the job – take her while she slept and didn’t know.

Unfortunately, Margaret was not asleep and did know what was going on.  Deadly had been complacent, relying too much on routine.  To be fair to Deadly, this was the first time since beginningless time that Deadly’s assumptions had been wrong.

****

Margaret and the husband stiffened, held hands and cuddled. 

Deadly had scared them but they refused to crumble in terror because Deadly had arrived.

“I’m scared” Margaret whispered.

“I won’t ever let you go” the husband whispered back.

****

The arm wrestle started; an arm wrestle that never seemed to ease up.  Unlike Margaret and the husband, exhaustion was impossible for Deadly.   Exhausted humans lose strength, but these two never lost strength. 

It wasn’t really an arm wrestle.  Deadly had no arms.  Deadly didn’t need limbs and only ever needed “Presence”.

Deadly used its “Presence” to the maximum.  “Presence” should have easily overcome Margaret even with help from the husband.  Deadly’s “Presence” would easily overcome everyone on the planet. 

Terrified moans came from adjoining houses, but Margaret did not moan – and she refused to die.

Deadly could read thoughts – it was inherent in the job description for being the Angel of Death. 

Margaret’s thoughts were unmistakeable.  “No, you can’t take me; I am going nowhere”.

How could she be strong enough to put up such resistance?

The husband was equally clear.  “You heard her; NO!  Bugger off.  She is going nowhere.”

Deadly got a clear image from the husband.  He was somewhere deep in water.  He thought Margaret and he were wrestling – not with the Angel of Death - but with a whole ocean of death.

Deadly thought “This is stupid and impossible, no one can wrestle with an ocean!”

Impossible or not, the pair refused to surrender in this impossible wrestling match.  They continued to wrestle with Deadly they refused to surrender to the implacable demand Deadly made. 

“No!”. 

No amount of how much “Presence” could frighten them into submission, Margaret refused to die and the husband refused to let her die.

****

The contest became a terrible stalemate.  They couldn’t make Deadly go away; Deadly couldn’t force them to let Margaret die.  Margaret refused to die.  The husband would not let Deadly make her die. 

Deadly’s career had been eternal, but for the first time in that career, Deadly couldn’t carry out an assignment.

***

All stalemates have consequences.  While Margaret refused to die, Deadly could not go to the cries of others who needed to die.  Every dying human and every dying creature couldn’t die because Deadly couldn’t force this astonishing woman to accept eath. 

Margaret had to die, but she would not die.

Deadly made no attempt to disguise its respect when it told the pair it would be back to finish the job. 

“I will be back”, Deadly told Margaret.

“You can only keep her until I get back” Deadly told the husband.

****

They both knew when Deadly vanished.  The husband held Margaret tightly, stroking her back until she fell into exhausted sleep.

It was dawn before the husband slept.  His body shook uncontrollably until exhaustion claimed him.

****

Later, Margaret was puzzled when the husband gently asked her what she remembered.  Deadly had stripped her memory of the arm wrestle; but the husband still remembered.  When she asked what he meant, he smiled gently and said she had cried out in her sleep..

****

Two years and six months later, Margaret was in a a hospice.  By now, she accepted the inevitability of her death, but her body did not.

What was supposed to be her final, pre death cat scan revealed the impossible.  The cancer had brought her to the very edge of death, but her body had exterminated the cancer.  Her body had refused to let the cancer kill her.

Margaret left the hospice and the husband took her to a rehabilitation hospital.  The dying woman kept getting better.  After the rehabilitation hospital, Margaret went home.

Deadly had failed in the Margaret assignment and so had Deadly’s ally, cancer.

Margaret had had rejected the demands of the Angel of Death.  She could not remember the wrestling match, but she knew that Deadly was needed a lesson in humility.. 

When Margaret got home, she continued to get better.

****

Margaret final gesture of contempt for Deadly took place some seven days after she had returned home cancer free.

****

Seven days after returning home, Margaret died from an infection.  The husband clutched her tightly as she finally left him while the intensive care unit heaved with noise as machines vainly tried to keep her alive,

****

Deadly was shocked.

For the first time ever in beginningless time, Deadly had been defeated.

Margaret had been required to die when Deadly told her to die.  NOBODY was allowed to die at any other time. 

Deadly had not visited the intensive care ward. 

Deadly had not seen any need to visit the intensive care unit. 

Margaret’s rescheduled death date was different from the date when she actually died.  Deadly had been elsewhere when it happened.

Margaret had defeated Deadly.

****

If Deadly wept tears of frustration and humiliation, they did not last long. 

The Angel of Death is unemotional.  Being the Angel of Death is not a suitable job for emotions.

****

To the husband, an eternity has passed since Margaret said “You lose, Deadly”. 

The husband still weeps.

 

 




 

Margaret 22 January 2023


Thursday, November 7, 2024

 87 The Ombudsman Denies It Acted Corruptly (3): 7 November 2024


Unpicking The Ombudsman Email of 5 April 2022 (4)

 

The Ombudsman Tells Me It Is Untouchable

“It is not the role of this Office to make determinations for hospitals and insurers with regard to the correct interpretation of specific rules.  Our role is to help people resolve complaints about their private health insurance as quickly as possible. This Office makes sure an insurer’s decisions are consistent with legislation, policy terms and conditions and their own internal procedures and rules. We are independent and impartial.”

Translation

Sentences like these sentences are intended to make your head spin in confusion.  I will translate into plain English.

****

It is not the role of this Office to make determinations for hospitals and insurers with regard to the correct interpretation of specific rules.

Translation

We refuse to tell health insurers and health providers what the law requires them to do.

****

Our role is to help people resolve complaints about their private health insurance as quickly as possible.

Our role is to do as little as possible.

****

This Office makes sure an insurer’s decisions are consistent with legislation, policy terms and conditions and their own internal procedures and rules.

Even though we refuse to tell health insurers and health providers what the law requires them to do (see first box statement), we have told HCF that its actions are legally fine in our opinion.

****

We are independent and impartial.

We don’t care what you think.  Under the Ombudsman Act, we can do anything we want and there is nothing you can do about it.  Bugger off!

 

The Ombudsman Emphasises the “Go Away” Money

Outcome

In this case, although the dispute between HCF and LCC remains unresolved to date

We refuse to carry out the job given to us by Parliament.  Bugger off!

 

****

HCF has agreed to reimburse you $8,623.00 to cover claims for services incurred at Lift Cancer Care between January 2021 and February 2022.

We have persuaded HCF to give you a lot of money.  Be grateful and bugger off!

****

I am of the view this a reasonable outcome …

It took a lot of work on my part to get HCF to pay this large amount of money.  I refuse to do anything else for you.  Be grateful and bugger off!

****

and that HCF have acted in accordance with the expectations of the Office to resolve your individual complaint.

We do not normally need to ask health insurers to pay as much money as this and it took a lot of work to get HCF to pay this.  Be grateful and bugger off!

 

Like the Ombudsman, HCF is Untouchable

Going forward we would not expect HCF to continue paying claims from LCC until the dispute is resolved at a higher level.

Like Pontius Pilate, we wash our hands of this whole affair.  HCF can do what it likes to you and the other cancer patients who attend Lift.  Be grateful for the money we have got you and bugger off!

 

****

I recognise that this is not the outcome you were hoping for.  Unfortunately the Office is unable to intervene further with the broader issues being experienced by [Lift].”

Like Pontius Pilate, we wash our hands of this whole affair.  HCF can do what it likes to you and the other cancer patients who attend Lift.  Be grateful for the money we have got you and bugger off!

****

I will request that HCF contact you directly with regard to your financial reimbursement of $8,623.00.

Grab the money and run.  Bugger off!

 

Ombudsman Says Have a Good Life

As there is no further remedy this Office can provide you in relation to your complaint, I will be finalising our file on this matter.   Your complaint will remain in our system as we report on issues of concern to consumers and your complaint may be used in this regard.

Please feel free to contact me if you have any questions.

Kind regards

Sarah de Sade

Complaints Officer 

Private Health Insurance

I will request that HCF contact you directly with regard to your financial reimbursement of $8,623.00.”

We are getting out of here now.  Bugger off and leave us alone!

****

 The 5 April 2022 Email – Possible Crimes

The only way in which any decision can be made on whether a crime has been committed is to go through a proper process.  The prosecution must lay a charge.  The charge must be heard before a Court, and the Court must make an official finding that the charge has been proved. 

Before any finding can be made by a court, there must be an official investigation where evidence is uncovered that indicates a crime may have been committed.  I have no powers of investigation and I am unable to predict the result of any prosecution before a Court. 

Despite these handicaps, I am able to identify relevant criminal offences that I believe may have been committed based on the facts known to me. 

In what follows, I do not claim that specific crimes were committed by named individuals.

In my opinion, the 5 April 2022 email from the Ombudsman indicates the possibility that a variety of crimes may have been committed by the Ombudsman and by HCF - and possibly by the Australian Health Department.  These crimes are set out in sections 135 to 142 of the Australian Criminal Code Act, 1995.  Proper investigation would be needed before specific individuals could be identified as having possibly committed specific crimes. 

In future blogs I will summarise the relevant Criminal Code Act provisions which the email may have been violated. 

It is possible that other crimes created by different statutes may also have been violated, but I do not have the resources to identify them.

 86 The Ombudsman Denies It Acted Corruptly (2): 7 November 2024

This is a copy of the email I received today (Thursday 7 November 2024) at 10.41 am from “Alison, Assistant Director, Industry Investigation/ Investigations Branch” at the Commonwealth Ombudsman.  The email attached a letter dated 5 November 2024 from Commonwealth Ombudsman Iain Anderson.

RE: [External] FW: HCF Misconduct in Relation to Lift Cancer Care Services Hankinredden Blogs 2024-803716 [SEC=OFFICIAL]

Private Health Insurance Ombudsman  phi@ombudsman.gov.au

To: John Hankin

 

 

Dear Mr Hankin

 

Please see attached response from Iain Anderson, Ombudsman.

 

Kind regards,

 

 



Alison (she/her)

Assistant Director

Industry Investigations / Investigations Branch

Proud to be working on the lands of the Gadigal people of the Eora Nation.

A black and white logo

Description automatically generated

1300 362 072

phi@ombudsman.gov.au

ombudsman.gov.au  

Level 5, 14 Childers St Canberra ACT 2600

The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to Elders past and present.

Artwork by Kevin Bynder, Whadjuk Nyungar Badimia Yamatji Artist.

The obsession of the Ombudsman with the external trappings of politically correct behaviour is clear from the amount of space taken up by acknowledging the local Aboriginal communities in the email sign off.  It is a pity the Ombudsman obsesses so much about acknowledging local Aboriginal communities instead of stopping health insurers from ignoring the law.

****

This is a copy of the letter that was enclosed with the email received today.

COMMONWEALTH

OMBUDSMAN

 

2024-803176 Hankin

5 November 2024

Mr Hankin via email:

Dear Mr Hankin

Thank you for your email of 10 October 2024.

I am very sorry to hear of the passing of your wife Margaret on 22 August 2023.

I understand that you have published details of your complaints with this Office on your website www.hankinredden.au. In your blog you expressed your view that the Office acted corruptly and incompetently in handling your case.

 I have previously acknowledged that the time taken by my Office to investigate your case was not satisfactory, and I apologised for this in my letter to you of 31 March 2023.

You remain of the view that staff of this Office acted corruptly. As you note in your email to me, we disagree on this. As a result of the investigation of your complaint against HCF and the Department of Health and Aged Care:

·         HCF confirmed it would pay Type C claims received from Lift Cancer Care going forward

·         I advised Directors of Members Health Fund Alliance insurers, including HCF, of their legal obligation to pay certified claims going forward when I spoke at their annual conference on 7 February 2023

·         I raised this issue with the CEO of the Australian Private Hospitals Association on 24 February 2023, with the CEO of Private Healthcare Australia on 1 March 2023, and with the Secretary of the Department of Health and Aged Care on 20 March 2023

·         I published a report “Can private health insurers decide that a patient does not need treatment in hospital? - Paying Type C claims: observations of the private health insurance industry” in February 2024, providing guidance to private health insurers on best practice when handling Type C claims and reminding them of their legal obligations

·         The Department of Health and Aged Care confirmed it is working on amendments to the Health Insurance Act 1973 that will encourage better certification processes for hospital admission by medical practitioners and hospitals; and expand the authority and functions of the Professional Services Review when certifying that Type C treatments or procedures must take place in hospital.

My Office has continued to monitor complaints we received regarding Type C claims. Since your matter was closed, the number of complaints about this issue declined rapidly and continues to stay low, which suggests an ongoing improvement in how Type C claims are being handled by the private health insurance industry.

I recognise you do not agree with my views. You have the right to express your disagreement, including by making public statements on your blog and publishing correspondence to you from this Office. You also have the right to refer your views to the National Anti-Corruption Commission, if you wish to allege corrupt behaviour.

However, I request that in your comments on your blog, as well as if you publish correspondence from this Office, you do not publish the unredacted full names and email addresses of the junior complaint handling staff who dealt with your matter.

Unfortunately, publishing the full names and contact details of junior staff exposes them to a range of behaviour on social media and elsewhere which in my view is not reasonable or appropriate.

I would be happy to discuss this with you further, if that would assist your consideration of my request.

 

Yours sincerely

 

Iain Anderson

Commonwealth Ombudsman

 

Helping people, improving government

1300 362 072 ombudsman.gov.au GPO Box 442, Canberra ACT 2601

****

Iain Anderson lists a number of things which he says took place “As a result of the investigation of your complaint against HCF and the Department of Health and Aged Care”.

By the time Mr Anderson took up his appointment as Ombudsman, I had already bludgeoned the health insurers into obeying the law.  Perhaps my letters to Mr Anderson spurred Mr Anderson personally into action, but my complaints to the Ombudsman as a government agency resulted in nothing except a refusal by the Ombudsman as an agency to do its job.

Mr Anderson lists four separate actions which he personally took.  If that has the effect of encouraging obedience of the law by the health insurers, that is good – but I doubt this will happen.  Mr Anderson says

·      The Department of Health and Aged Care confirmed it is working on amendments to the Health Insurance Act 1973 that will encourage better certification processes for hospital admission by medical practitioners and hospitals; and expand the authority and functions of the Professional Services Review when certifying that Type C treatments or procedures must take place in hospital.

If the Health Department is working on amendments to the Health Insurance Act, I assume it is doing this solely to justify the conduct of the health insurers.  The existing Type C certificate requirements have operated for some years and are very clear in what is needed.  Despite this the Health Department – I believe at the behest of senior bureaucrat Penny Shakespeare – refused to do anything when the health insurers ignored the law.

I appreciate Iain Anderson trying to clean up the scandal and protect the bureaucrats he supervises at the Ombudsman – but unless proper criminal investigations take place and unless charges are laid, nothing will ever change.  If criminals get off scot free, they continue to commit their crimes.

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