California Fines Kaiser $1 Million Following
Patient's Death
 

WESTPORT, May 17 (Reuters Health) - The California Department of
Corporations has fined Kaiser Foundation Health Plan, the state's largest HMO, $1
million for "systemic healthcare delivery problems" that resulted in the death of one
of its enrollees in 1996.

The fine against Kaiser is one of the largest ever assessed by the department, which
currently oversees HMOs in the state, a department spokeswoman said. A newly
created Department of Managed Care will assume regulatory oversight of California
health plans effective July 1.

The fine stems from an investigation into the death of Margaret Utterback, a
74-year-old Kaiser member who suffered a ruptured abdominal aortic aneurysm.
Through its investigation, the department determined that Kaiser failed to provide
access to basic healthcare services, including preventive and emergency care.

"Mrs. Utterback was exhibiting classic symptoms of the life-threatening condition for
which her medical history made her a likely candidate," the department said in a
statement. Although she "repeatedly sought" a same-day appointment for persistent
back and abdominal pain, she wasn't seen until 8 hours later and died in Kaiser
Hayward Hospital's critical care unit 1-1/2 days later.

Kaiser spokesman Jim Anderson said that many facts are in dispute and that Kaiser
plans to fight the penalty. He added that the case, if upheld on appeal, would
establish a dangerous precedent by requiring health plans to insert themselves into
medical decision-making.

http://www.kaiserpapers.org/lawsuits.html