Downey Clowney, Part 2

09/05/20

Kaiser Mail Order Pharmacy
9521 Dalen St
Downey, CA 90242
Attn: Alexis Morgan, Mail Order Pharmacy MGR
866-523-6059

Copies to distribution list via snail mail and email

For your convenience this document (including all attachments) is published on the Internet at:
http://www.mkgappraisal.com/letter2020_01.htm

Delivered by US Mail 8/28/20 11:58 AM

This letter is formal notice of breach of contract, and my demand for your immediate action to rectify the breach. My demand is based on the following:

Phone Abuse

04/30/2020.
Kaiser Pharmacy, 5555 E Arapahoe Rd, Littleton, CO 80122.
screen shot
When I check out, the person at the counter offers to send me a text when my order is ready. Like a fool, I give them my cell phone number.

05/04/2020, audio file
4 days later the phone abuse begins.

07/24/2020, 1:49 PM audio file
The phone message from the moron.

Transcript:
Hi, this is the Kaiser Mail Order Pharmacy calling for Phil Rice. It's regarding a recent prescription mail order that you placed with us. So your benefits only cover a one month supply. 30 days only. But this is one of those that you can get a three month supply. But you just have to pay the cash price. So we wanted to notify you of the 2 options to see which one you'd prefer. Our phone number here is area code 866 523 6059. We're here Monday thru Friday 8am to 6pm. Thank you.

Chat With Pharmacist
7/29/2020
screen shot Screen Shot

Huong Le, Pharmacist 7/29/20 9:02 AM
insurance does not cover for weight loss drugs.

Philip Rice 7/29/20 9:03 AM
you are saying insurance does not cover phentermine under any circumstances?

Huong Le, Pharmacist 7/29/20 9:03 AM
that is correct.

Philip Rice 7/29/20 9:03 AM
is that right?

Huong Le, Pharmacist 7/29/20 9:04 AM
Yes, that is right. Insurance does not cover for phentermine or any other weight loss medication.


[Note: At this point I am in a complete state of shock. I am thinking about the Friday night phone message. If Huong Le is correct, why was that moron calling my telephone?]

09/06/2020, image file
When I make a purchase on Sunday, the new phone number shows up.

Fact 2

Monday 7/27/20, 9:44 AM
Chat with a Pharmacist #1
JR Campbell (presumably an authorized Kaiser representative) promises that Kaiser Pharmacy will ship me 90 phentermine tablets and charge me $14.55

Joseph B Campbell, a/k/a JR Campbell
Colorado Pharmacy Technician License Phat 0004381

Fact 3

Monday 7/27/20, 9:51 AM
Chat with a Pharmacist #2
Christinne Schooler (presumably an authorized Kaiser representative) offers to ship me 90 phentermine tablets and charge me $14.55

Christine Schooler
Colorado Pharmacy License PHA0014989

Fact 4

Monday 7/27/20, 9:52 AM
Chat with a Pharmacist #2 (continued)
I advise Christinne Schooler that I accept her offer to ship 90 phentermine tablets at a cost of $14.55. At 9:54 AM she advises me that she will immediately proceed.

Fact 5

At 9:54 AM on Monday, 7/27/20, acting in good faith, I believe we have a contract. Am I wrong?

Fact 6

Sometime in the very early morning hours of Wednesday, 7/29/20, Kaiser shipped a quantity of 30 tablets, and made an unauthorized charge to my credit card in the amount of $8.18.
RX 3078 0141 7186, dated 7/28/20.
Authored by: JEANNE VOGEL NP. Claim RX 4004081169.
The container says "1 refills by 1/21/2021", which sounds wrong to me.

Fact 7

Between Monday, 7/27/20, 9:54 AM (the contract) and the early morning hours of Wednesday, 7/29/20, (the shipment), there was no communication. Kaiser made changes to the price charged and the quantity shipped without my consent. I had no way of knowing.

Fact 8

From the order (Thursday 7/23/20 at 6:30 AM) to shipment (Wednesday 7/29/20) took 6 days. This would take 30 minutes at a retail pharmacy.

The Law

The Law: According to Huong Le, PharmD (presumably an authorized Kaiser representative)

Huong thi thanh Le, a/k/a Huong Le
Colorado Pharmacy License PHA0018486

Wednesday, 7/29/20, 9:07 AM (post shipment)
Huong Le, PharmD:

"I want to point out that this is a controlled medication, and Mail Order can only process 30 tablets and have that shipped to you because they are located in California and per California state law, they can only process and ship 30 tablets of a controlled medication at a time."

The Law: According to Philip G Rice:

I agree that phentermine is a "controlled substance".

California State law is silent on the quantity that may be initially dispensed for prescriptions (controlled substances and non-controlled).

I Beg

On Tuesday 9/2/20, I called Kaiser Mail Order Pharmacy. My goal was to speak to someone who would admit to receiving my letter. I spoke with Loretta. Loretta told me that Alexis Morgan was on vacation, and as far as she knew, my letter would sit unopened until Alexis got back from vacation on September 8th.

It had taken about 15 minutes on hold to be able to speak to Loretta. I told her I wanted to get that letter into someone’s hands today. I told Loretta I would authorize the acting manager to open the letter. After all, I was the author of the letter. Or, I had a .pdf version of the letter I could send right now by email. I have a Kaiser email account, will you please let me send it to some email at the mail order pharmacy.

This (of course) presented a very serious problem. Could they give an email address to a customer? Loretta was not willing to go out on a limb and make such a bold decision on her own. She would need to talk to her boss, the acting manager, to get approval, before I could be allowed to know an email address.

I told Loretta she could contact the doctor who wrote the prescription. The doctor had a copy of the letter, and the doctor could email the .pdf file if they were afraid to give me an email address.

I had started this call at 8:45 AM west coast time, and it was now 10:15 AM west coast time. The acting manager, Marina, had not made it in to work yet. She would be in at 11:00, and give me a call at 11:30.

I called at 12:30. And of course, it was another 15 minutes of hold before I could talk to anyone. I first spoke to a screener who insisted on having me tell my story. I did not tell my story. The screener put me on hold, came back and said some BS about how the notes said they were going to call me later, so I asked to speak with Loretta. 15 minutes later, I was reduced to begging Loretta to receive a .pdf file. To my surprise, it somehow worked. She gave me the email address
marina.x.alvarez@kp.org
and I sent the file while she stayed on the line. We confirmed that they got the file, and they could read it. I told Loretta I wanted Marina (someone) to read the letter, and make a commitment that they wouold make some kind of response by a date certain. Loretta said they would absolutely, positively call me back that same day. Tuesday.

I had accomplished the goal of getting them to admit to receiving the letter. But it had taken 2 hours of my time on the phone, and that was all I had accomplished. Tuesday 9/1/20.

Loretta called me back on Thursday. She told me they were going to ship 60 tablets and charge me $11.37. I told her they were overcharging me, but it was best to ship the tablets now and argue about the money later.

60 Tablets Received

Tuesday 9/8/20 at 11:00 AM, my doorbell rang. When I answered, a supervisor from the US Postal Service handed me a package which contained 60 phentermine tablets from the Kaiser Mail Order Pharmacy in Downey, CA.

The container was not sealed. I have received about 100 containers from the mail order pharmacy, and all of them have had a metallic seal. I need to use a knife or a pair of scissors to open the container and get at the pills.

This is the first time I have ever received an unsealed container. If the top had come off during shipping, the tablets would have been scattered all over the inside of the package. In fact, the package had at least one (air) hole. The hole is big enough for a tablet to easily fit thru. It seems very likely (inevitable) to me that if the lid/cap had come unscrewed during shipment, there would have been a disaster.

I counted the tablets. I spent about 3 minutes total to accomplish this. No irregularities noted. There were exactly 60 tablets in the container when I received it.

The paperwork shows that they charged me $11.37. My letter spelled it out very clearly. By contract, they had committed to a price of $6.37. Which is to say they overcharged me $5.00. Honoring their promises is not a strong point at Kaiser. I wonder if there is even 1 person at the mail order pharmacy who knows (or cares) what a contract is?

9/9/20
Kaiser email
Jennifer - up until now - (rightly or wrongly) I thought it would be best to leave you out of this. You can let me know how you feel about that choice. Attached is your copy of the .pdf file.

Thank you for letting me know and please give your feedback to the mail order pharmacy as I know they are working hard to rectify this.

Thank you - Dr McLean

9/10/20
I spoke with Marina for about 30 minutes. She seems like a reasonable person. Sort of. She says she wants my feedback. And yet, she says, she will not receive a letter in the mail, or an email. The only way she will accept my feedback is if I phone her. And when I phone her, I have to wait on hold for 15 minutes, and put up a fair amount of BS just for the privilage of being able to say hello. My feedback is that you are Disenguous about wanting feedback.

Then I spoke with a pharmacist. Nancy H. Sounded like a "he" to me. I could be wrong. He answered my question about the container of phentermine I received. Nancy H. did fine with that part. Nancy H. insisted that I could call the California Board of Pharmacy and give them the name Nancy H and with that, the California Board would confirm that he was indeed a pharmacist.

-- End of Letter --

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