HELP! Health care discrimination against medical marijuana patients

Hi guys! If there's any legal professionals out there, I need some help! I am a current/legal medical marijuana patient in california.

Background on MJ use: I used MJ for 4 years (to deal with chronic back and neck pain, insomnia and depresion) and then quit cold turkey for over 2 years while I went back and forth to my Kaiser doctor to work on my medical problems. I've had xrays on my spine for arthritis (negative), been tested for HIV (neg) and Hep (neg), tested for sleep apnea (neg), went through freakin surgery for a deviated septum to see if that would help my sleep but it didnt. The last time I saw my primary care physician was this past May. His best solution was to recommend physical therapy and sleeping pills. I went to MediCann a couple weeks before and got a 12 month prescription for MMJ, however I did not go purchase any at the time (couldnt afford it). Also during that time I had started going to the chiropractor and Kaiser was giving the chiropractor a hard time about my treatment. Kaiser said I didn't need such frequent visits so I stopped going because I couldn't afford it. I felt pretty hopeless because 1) conventional means of treatment through my primary care physician wasn't helping and I was wasting a lot of time and money and now they don't want to cover my chiropractor visits. I was severely depressed. I started growing MMJ at that time and actually waited 4 months before harvesting and then another month to cure my buds. I consummed MMJ for a month and while it helped with my chronic pain and sleeping problems, I was still depressed. I've been depressed since I was 12.

I am a star performer at work and I told my boss I needed to quit because I was extremely stressed out, severely depressed, my life was falling apart and my finances weren't any better. She did not want me to quit. She offered me 2 options.

1) take a leave whether personal or medical so that I could work on my

issues
2) she would take it up with her boss and try to give me a raise

I told her the time was more important to me so I went on leave. I literally had no money at the time. I emailed my primary care physician and told him I was extremely stressed and depressed and could not afford the $20 copay at the time, but I needed help. He responded and said sounds like I was depressed and if I couldn't afford to go see him, I could go straight to psychiatry because it was self referral. Well that didn't help because when
I called over to psychiatry, they still required the copay. Basically it means it really doesn't matter if you have health insurance because if they don't get the $20 copay, they dont care if you die. So I burned through my vacation time waiting for my next payday before I could see someone. I
couldn't go back to work because I couldn't handle it at the time.


First I had to see a counselor ($20 copay), who listened to some of my
story. I explained my chronic pain issues, history of depression and MMJ
use. The counselor referred me to Dr. Carrie Beth Ganek (pyschiatrist, and
another $20 copay) who spent about 5 minutes listening to me before she saw MJ on my questionaire form and said "I'm sorry they sent you over to me, you need to go to Intensive Outpatient program (IOP)." I know you're having financial problems so I'll see if I can get your copay back. She left the room and came back 10 minutes later and sat down and said "since we have the time scheduled, let me ask you some quesitons". Apparently she went off and either the counseler told the bitch to read my questionaire form or she finally decided to review it and found something of interest. She said "I don't think I've ever had anyone respond to this question like this before" and she was referring to the question:

Q: What would you have done if you didnt come in today?
A: SUICIDE

I mean, they make you fill out questionaires and don't bother to read them???? She ended prescribing Doxepin for my insomnia and telling me I had to go to join the IOP which is a 2 week program. She said I had to wait until IOP referred me back to her before I could see her again. I asked for documentation to be excused from work for the time I had waited to see a doctor which she was very hesitant to provide. Also she wouldn't write me off for the 2 week program. The IOP doctors had to do that.

So I was supposed to join IOP on NOv 24th but I took the Doxepin the night before at 10pm and it drugged me out for a day. It took 4 hours to knock me out and then I didnt wake up until 7pm the following day, missing my appointment by 10 hrs. My vision was so blurry I couldn't read text so I couldn't call IOP or Ganek so I went back to bed. Called IOP the next day and since it was Thanksgiving week, I got rescheduled for the following Monday 12/1. What I thought was a rehab program for depression turned out to be a DRUG REHAB program. I went in for depression and now I'm a drug addict! I had explained to the previous counselor and pychiatrist that I was totally ok with not smoking MMJ if I could be helped with something else and that so far nothing else had worked. Apparently nobody cared and all Kaiser staff since then continued not to care. They blatantly ignored what I was telling them. Their "dual diagnosis" IOP program is just a excuse for discrimination. IOP told me I they would not give me documentation to excuse my absence from work until I completed the 2 week program. Also They would not cover me for the week I missed due to the Doxepin. That was my responsibility. I told it was prescribed! They told me to call Dr. Ganek, which I did, only to be told to ask IOP for the write off. I told Ganek's nurse that IOP directed me to them. The nurse said go back to IOP! So basically I've had no income for a month, been telling every Kaiser staff at IOP that I did not belong there, could not afford to stay in the program and see doctors afterwards, and that I wanted to be treated for depression, not brain washed into believing I was a MJ addict.

They were beating a dead horse.

ME: I can't afford to finish the program.
THEM: you have to finish the program
ME: I can't possibly afford to finish the program. You guys wont sign off on my medical leave and I have no income and no money.
THEM: you have to finish the program
ME: you guys aren't listening. If you require a copay for every single day I attend the program, I don't have the money.
THEM: well you have a choice. Its up to you what you want to do

WTF! Everything there is about choices. Apparently they don't care if you dont have money. They want you to do whatever it takes to get the money, including selling off anything valuable you have, which is what I had to do.

I even brought in my MMJ prescription, passed it around the room for everyone to see and then tore it up. I also handed over all my seeds and MediCann card. Nobody wants to believe that someone might not be an addict because "thats the voice of addiction talking". Their cookie cutter/scripted approach to health care is total bullshit.

Remember that folks, DUAL DIAGNOSIS = discrimination against MMJ patients. They give me BS about how they're treating addiction and mental issues at the same time, but its like 90% drilling you about substance abuse and 10% how to cope with depression. Most of the coping lessons are focused on addiction relapse. Do people who arent MMJ patients or people who have never drank or touched any substance forced to go through the DRUG REHAB and admit their addicts to get treated for depression? I want to know where depressed people get help! Their answer is its a DUAL DIAGNOSIS program. On the first day, they made me sign a form stating that "I have a serious problem with alcohol or drugs." They continue to bullshit about dual diagnosis and that they WERE helping me with my depression.

On Friday, I told them Sat was my last day. They can keep their write off and the state can keep the money because I wasn't going to sell out and say I was an addict for nobody. I said I wasn't going to let them hold that over my head any longer. I'm fully accountable for myself and my work record proved it. I've been employed at my workplace for 8 years and I've kicked ass and have at least performance 15 awards. I've been late to work for 80% of my time there due to my medical problems and I'm still the best at what I do. I have a clean record. The only 2 times I've ever taken a breathalizer test have been during the rehab program. I've been drug tested 5 times in my life and 2 of them were for jobs and 3 were at the rehab. I said that while I do feel that I've learned a lot of things in the program and made some nice friends, 90% was about drug addiction and I did not have the 2 weeks to burn in the first place for something I didnt need.

The therapist didnt really care. He spewed off shit about "well thats a choice you make" because "you decide whats best for you" and went on to tell me that I had other options like free programs that cost nothing. OK well if there are free programs, why did I have to be in the DRUG REHAB program that I had to pay for every single day when I've told every Kaiser staff member I came across that I had finacial concerns???? (My finacial problems have nothing to do with MMJ. I've never given up anything for it and this time around I was legal and was broke and did not spend any money. I grew it. My addictions are work and cars. I've passed up several higher paying jobs because I feel I actually make a diference in my current job. With cars, I've had 7 in the last 8 years, up to 3 at one time.)

Yesterday's agenda was for the patients to do their "first step". That means you stand up in front of the group and openly admit that "you are powerless against your addiction" (step 1 of the 12 step program for AA). I told them I was not going to admit to be an addict and they could not make me. THe therapist for the day didnt even know or care that it was my last day (Monday is officially the last day). I brought in nice cigars for some of my classmates and the bitch therapist had a fit. She rambled for a while about how we should know better and then proceeded to check the cigars for drugs. I said "thats exactly what I'm talking about. I'm labeled as a drug addict and you gotta check my cigars??" She said "well this is a rehab center" to which I responded, "a rehab center that I don't belong in!" I told her its like having a leak in your car and you go to the mechanic for the leak, but the mechanic says I need to replace your entire engine and transmission because "its a good idea". You tell the mechanic you only want to fix the leak because you cannot afford to replace the other stuff and then the mechanic holds you hostage by saying well, you're still going to have to pay me for all the labor to put your car back together before you can drive off.

I am really upset over this whole thing. I am wondering if I have a case for discrimination and malpractice. I feel like I've been Kaiser's hostage for the past 2 weeks and burned up 2 weeks I didnt have and couldnt afford. They talk about taking baby steps in the program...well why couldn't they take baby steps and write me off for work after each day so that I could support myself so I could complete the program?? They preach about dual diagnosis, but its all about drugs. There's no way in hell I'm going to admit to something I am not. How do you tell someone its dual diagnosis and part of the program is that you have to admit to being "powerless against addiction". I went to the doctors in the first place for depression and being suicidal. For me, every extra thing I have to sell off gives me less of a reason to be alive. But they didnt care.

Another thing is that of the 7 staffers I explained my financial situation to, NONE of them bothered to mention that I could ask to have my copay billed to me. %$*U&*FEU&(*FESU&*#@!!!! WHen it comes down to it, health care is a business. I told the therapist nobody cares there. He said well he didn't think anyone withheld that information on purpose. I told him that I am from the corporate world and I know how employees are "discouraged" from telling customers certain things. He disagreed and I pointed out that there's a freakin sign right above the check-in counter that states "payment required when services rendered".

So basically I've been away from work for over a month, had no income during the time, had to sell some stuff to stay in the bullshit rehab program and got NO rest, and have to go back to work next week still feeling like crap. I also passed on a raise so I could take the time off and also, I am going to have to sell off more of my stuff to avoid getting evicted.

What they did is not right. There's got to be some legal action I can take. I feel like I have a right to proper health care and that they just ran me through a bunch of BS hoops to pad their pockets. Every damn visit requires a copay and they've made a bunch of money from trying to make me into an addict. I wasn't going to return to that place, but now I think I will attend the last day so I can get my write off and use that money to pursue legal action.

If anyone knows of any attorneys that are willing to fight an HMO in the name of MMJ, please let me know!

It sounds like you got royally screwed. Get a lawyer.

Quote:

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Originally Posted by DoTheDope

It sounds like you got royally screwed. Get a lawyer.

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the guy is already cash-poor, lawyers don't work for free :smokin:

when it comes to health care... no one is your friend but yourself. self education is your only solution. There is hundreds of vids. out there that explain the messed up healthcare (i use heath lightly there) and the conflicts with MMJ. Man, Im sorry you went thru this but you need to be head strong and fight for yourself and your health. Once you have some ideas what is best for you, find the right doc that is going to help you. there are not many out there but there is one. Second, money is power and freedom. Not judging at all but you would have been better off being head strong and taking the raise. Like reaper said, nobody works for free. having money to back you up is better than anything/one in life. Good luck!

the problem is that you admitted you use MMJ. NEVER do that to these doctors, i guess. i have always been forward with my doctors about my drug use, but this story might make me change my mind if i ever have something really wrong with me that they might try to crew me over.

your health care provider was just sucking money out of you, that's all. they have a system set up for it. that 90% of them drilling you about addiction costs them nothing but the 20 bucks an hour for the therapist. its super cheap, they can force you to do it, and you have to pay for it. large profit margin. you should have refused it outright and told them you were going to get a lawyer, even if you couldn't afford it. docs take legal threats seriously.

you know Kaiser himself was the dude who got Nixon to sing off on our nation health care restructuring in the 70's, you basically have him to thank for Americas health care crisis right now. watch sicko they even have the audio tape of the conversation.