Lincare Inc. Feloniously Reduces Portable Oxygen Quantity
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As of July 14, 2016 Nick (last name unknown) of Lincare INC. – Respiratory Specialists placed a restriction on my portable supplemental oxygen from 12 C size tanks to 9 C size tanks in my possession at any given time. Medicare guidelines and Utah Criminal Code tell us that this cut back is a major no-no. These oxygen tanks provide approximately a 4.08 hour supply each. 12 C tanks = 48.96 hours. 9 C tanks = 36.72 hours. So, if Mother Nature or some other disruptive scenario happens to interfere with the power supply for my “stationary oxygen concentrator” for an extended period of time, even 12 C tanks could easily be too few to sustain life in an emergency situation for someone requiring supplemental oxygen 24/7. Also if I want to do something special on a weekend I don’t stand a snowball’s chance in you-know-where. Even 12 C tanks it would be a very short weekend, much less with 9 tanks and “no safety margin.”
During my June 2016 Lincare visit, something gave me the impression that something was somehow out of kilter. At this point I had been a Lincare client for over seventeen months. Before this visit which I believe was on the 24th, I had just stopped in whenever my tank supply was dangerously low, keeping only 4 or 5 tanks (16.32 or 20.4 hours of O2) in reserve. But this time a big to-do was made about calling in first, which would mean explaining everything twice. I’ve tried explaining to people that my supplemental oxygen supply will only function if I keep my mouth closed, but most people don’t seem to understand the damage oxygen deficiency can cause to your vital organs, which is more than a little scary. I thought the folks at Lincare would understand and for the most part they do, except for Nick, who enters the scene at a later date and seems to find too many nonessential questions to ask. I turned in 7 tanks but they only had 4 tanks available that day. This had happened at least once before and shortage was just returned to me when I came back the next time. Little did I know that during the next ill-fated Lincare visit on July 14, 2016 I would encounter Nick for the first time and due to his intervention I have never be permitted recover those three life sustaining oxygen tanks.
Nick / Lincare also refused to provide me with a replacement Oxygen Cylinder Shoulder Bag that is suitable for a person of my stature and claims that the one I’ve been using since January 3, 2015 (that’s falling apart) was never provided by Lincare. Nick professes to believe that one size truly fits all and claims I’m trying to be better than anyone else because I don’t want the O2 regulator on the top of the tank poking me in the armpit, and I like the sealable pocket on my present bag which provides a safe place to keep my COPD medication at hand and out of other hands, etc. Amidst other feelings when confronted with this person, some of his statements (including the life threatening statements) are rather confusing. At times it seems as though he actually expects me to believe his fictitious version of my reality, and that I supposed to remember that if he wasn’t there, regardless of what it was, it didn’t happen. WOW! If only his mojo were substantial enough I would be extremely blessed!
During one of my Nick / Lincare encounters, he had gone to another part of the building. After over hearing Nick try to convince me that I was wrong in all things, another customer passed me on the way out the door and took time to wish me “good luck.” Also during a Nick encounter, when asked . . . he freely stated that he didn’t care what people thought about him. At least once, I told him what I thought. Slipseez!
On August 15, 2016 Nick made a big-to-do “portable oxygen concentrator” show-and-tell- presentation after which, I made a selection for him to order. I‘m not sure what the actual significance of all the showing, telling and ordering was all about, but I can tell you that as I fine tune this document today May 6, 2017, the “portable oxygen concentrator” still remains to be seen.
The Salt Lake Valley in Utah aka The Wasatch Front has no immunity to severe weather storms, tornados, floods or power failures, plus, an earthquake fault runs through it!
On the evening of Sunday March 5, 2017 the electrical transformer down the street that provides me with electricity, malfunctioned and after the initial analysis of the failure (10 hours later), it was over 14 hours until the repair crew trucks started to arrive. When I pull into the Lincare parking lot on that Monday I was using my last oxygen tank. So, in a more comprehensive emergency like a severe weather storm, tornado or an earth quake, how many hours of reserve oxygen would be a safe margin for someone who requires supplemental oxygen 24/7? Then there would be the day-to-day usage to consider also.
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Emergency preparedness for home oxygen users: if you google the previous phrase you can read a story that tell us that home oxygen suppliers for people on Long Term Oxygen Therapy (LTOT), should make sure that at least a 72 hour supply of O2 is always available, always available, always available, always available, always available, always available. It looks like I’m going to need a lot help to make that happen for all those in need, especially when you-know-who and that-one-company are involved.
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If this website will let me have the space, I will add some Utah Criminal Codes that will reveal that there are others in this case who are also doing/not doing their jobs in a felonious manner . . . if only I could get some legal representation or an act of God . . .
Index
Utah Code
Title 76
Utah Criminal Code
Chapter 5
Offenses Against the Person
Part 1
Assault and Related Offenses
Section 111 Abuse, neglect, or exploitation of a vulnerable adult -- Penalties.
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76-5-111. Abuse, neglect, or exploitation of a vulnerable adult -- Penalties.
(1) As used in this section:
(a) "Abandonment" means a knowing or intentional action or inaction, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.
(b) "Abuse" means:
(i) attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm;
(ii) causing physical injury by knowing or intentional acts or omissions;
(iii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult; or
(iv) deprivation of life-sustaining treatment, except:
(A) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
(B) when informed consent, as defined in this section, has been obtained.
(c) "Business relationship" means a relationship between two or more individuals or entities where there exists an oral or written agreement for the exchange of goods or services.
(d) (i) "Caretaker" means any person, entity, corporation, or public institution that assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, or other necessities.
(ii) "Caretaker" includes a relative by blood or marriage, a household member, a person who is employed or who provides volunteer work, or a person who contracts or is under court order to provide care.
(e) "Deception" means:
(i) a misrepresentation or concealment:
(A) of a material fact relating to services rendered, disposition of property, or use of property intended to benefit a vulnerable adult;
(B) of the terms of a contract or agreement entered into with a vulnerable adult; or
(C) relating to the existing or preexisting condition of any property involved in a contract or agreement entered into with a vulnerable adult; or
(ii) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement.
(f) "Elder adult" means a person 65 years of age or older.
(g) "Endeavor" means to attempt or try.
(h) "Exploitation" means an offense described in Subsection (4) or Section 76-5b-202.
(i) "Harm" means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, suffering, or distress inflicted knowingly or intentionally.
(j) "Informed consent" means:
(i) a written expression by the person or authorized by the person, stating that the person fully understands the potential risks and benefits of the withdrawal of food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, and that the person desires that the services be withdrawn. A written expression is valid only if the person is of sound mind when the consent is given, and the consent is witnessed by at least two individuals who do not benefit from the withdrawal of services; or
(ii) consent to withdraw food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, as permitted by court order.
(k) "Intimidation" means communication conveyed through verbal or nonverbal conduct which threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or which threatens isolation or harm.
(l) (i) "Isolation" means knowingly or intentionally preventing a vulnerable adult from having contact with another person by:
(A) preventing the vulnerable adult from receiving visitors, mail, or telephone calls, contrary to the express wishes of the vulnerable adult, including communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;
(B) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or
(C) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members.
(ii) The term "isolation" does not include an act intended to protect the physical or mental welfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructions of a physician or other professional advisor of the vulnerable adult.
(m) "Lacks capacity to consent" means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a vulnerable adult lacks sufficient understanding of the nature or consequences of decisions concerning the adult's person or property.
(n) "Neglect" means:
(i) failure of a caretaker to provide nutrition, clothing, shelter, supervision, personal care, or dental or other health care, or failure to provide protection from health and safety hazards or maltreatment;
(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
(iv) intentional failure by a caretaker to carry out a prescribed treatment plan that results or could result in physical injury or physical harm; or
(v) abandonment by a caretaker.
(o) "Physical injury" includes damage to any bodily tissue caused by nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that the tissue cannot be restored to a sound and healthy condition. "Physical injury" includes skin bruising, a dislocation, physical pain, illness, impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any other physical condition that imperils the health or welfare of the vulnerable adult and is not a serious physical injury as defined in this section.
(p) "Position of trust and confidence" means the position of a person who:
(i) is a parent, spouse, adult child, or other relative by blood or marriage of a vulnerable adult;
(ii) is a joint tenant or tenant in common with a vulnerable adult;
(iii) has a legal or fiduciary relationship with a vulnerable adult, including a court-appointed or voluntary guardian, trustee, attorney, or conservator; or
(iv) is a caretaker of a vulnerable adult.
(q) "Serious physical injury" means any physical injury or set of physical injuries that:
(i) seriously impairs a vulnerable adult's health;
(ii) was caused by use of a dangerous weapon as defined in Section 76-1-601;
(iii) involves physical torture or causes serious emotional harm to a vulnerable adult; or
(iv) creates a reasonable risk of death.
(r) "Undue influence" occurs when a person uses the person's role, relationship, or power to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear of a vulnerable adult, or uses the person's role, relationship, or power to gain control deceptively over the decision making of the vulnerable adult.
(s) "Vulnerable adult" means an elder adult, or an adult 18 years of age or older who has a mental or physical impairment which substantially affects that person's ability to:
(i) provide personal protection;
(ii) provide necessities such as food, shelter, clothing, or medical or other health care;
(iii) obtain services necessary for health, safety, or welfare;
(iv) carry out the activities of daily living;
(v) manage the adult's own resources; or
(vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
(2) Under any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult's person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of aggravated abuse of a vulnerable adult as follows:
(a) if done intentionally or knowingly, the offense is a second degree felony;
(b) if done recklessly, the offense is third degree felony; and
(c) if done with criminal negligence, the offense is a class A misdemeanor.
(3) Under circumstances other than those likely to produce death or serious physical injury any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits that adult's person or health to be injured, abused, or neglected, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of abuse of a vulnerable adult as follows:
(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; and
(c) if done with criminal negligence, the offense is a class C misdemeanor.
(4) (a) A person commits the offense of exploitation of a vulnerable adult when the person:
(i) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the adult's property, for the benefit of someone other than the vulnerable adult;
(ii) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of his property for the benefit of someone other than the vulnerable adult;
(iii) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;
(iv) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or
(v) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.
(b) A person is guilty of the offense of exploitation of a vulnerable adult as follows:
(i) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is or exceeds $5,000, the offense is a second degree felony;
(ii) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;
(iii) if done recklessly, the offense is a class A misdemeanor; or
(iv) if done with criminal negligence, the offense is a class B misdemeanor.
(5) It does not constitute a defense to a prosecution for any violation of this section that the accused did not know the age of the victim.
(6) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.
Title 76
Utah Criminal Code
Chapter 5
Offenses Against the Person
Part 1
Assault and Related Offenses
Section 111.1 Reporting requirements -- Investigation -- Immunity -- Violation -- Penalty -- Physician-patient privilege -- Nonmedical healing.
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76-5-111.1. Reporting requirements -- Investigation -- Immunity -- Violation -- Penalty -- Physician-patient privilege -- Nonmedical healing.
(1) As provided in Section 62A-3-305, any person who has reason to believe that any vulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notify the nearest peace officer, law enforcement agency, or Adult Protective Services intake within the Department of Human Services, Division of Aging and Adult Services.
(2) Anyone who makes that report in good faith to a law enforcement agency, the Division of Aging and Adult Services, or Adult Protective Services of suspected abuse, neglect, or exploitation is immune from civil and criminal liability in connection with the report or other notification.
(3) (a) When the initial report is made to a peace officer or law enforcement agency, the officer or law enforcement agency shall immediately notify Adult Protective Services intake. Adult Protective Services and law enforcement shall coordinate, as appropriate, their investigations and provide protection to the vulnerable adult as necessary.
(b) Adult Protective Services will notify the Long-Term Care Ombudsman, as defined in Section 62A-3-202, when the initial report to Adult Protective Services involves a resident of a long-term care facility as defined in Section 62A-3-202. The Long-Term Care Ombudsman and Adult Protective Services shall coordinate, as appropriate, in conducting their investigations.
(c) When the initial report or subsequent investigation by Adult Protective Services indicates that a criminal offense may have occurred against a vulnerable adult, Adult Protective Services shall immediately notify the nearest local law enforcement agency. That law enforcement agency shall initiate an investigation in cooperation with Adult Protective Services.
(4) A person who is required to report suspected abuse, neglect, or exploitation of a vulnerable adult under Subsection (1), and who willfully fails to do so, is guilty of a class B misdemeanor.
(5) Under circumstances not amounting to a violation of Section 76-8-508, a person who threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report, a witness, the person who made the report, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a class B misdemeanor.
(6) The physician-patient privilege does not constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or the cause of those injuries, in any judicial or administrative proceeding resulting from a report made in good faith pursuant to this part.
(7) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.
