ComplaintsforMindful Living Group

• Initial Complaint

  01/30/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I contacted this business about severe mental health issues for several weeks leading up to my appointment. ****** S from the business said 2 doctors from the business were taking patients. I explained my issues and asked her who would be the best fit, she said Dr ** We went through the process and I quit looking for a doctor on Island. When I came to my appointment the majority of it was spent in silence while he typed, told me he didn't think he was licensed to prescribe medicine, that he probably couldn't treat me because he only worked 2 days a week, and said he would call me the next day to let me know if his license was good or not. He never called. I researched his name and at that particular moment he was not licensed to prescribe in Maui. The business still charged me, ignored repeated attempts to contact another physician, and then dropped me as a patient. They were authorized to be paid through the VA system, but my screenshots and information was submitted to the VA and ******, the vet liason" with Rep ******* office. She said they would also attempt to recoup funds.

  

  Business response

  02/06/2023

  Date: February 3, 2023
  Regarding: BBB Complaint by Mr. * and received by *************************** on 1/30/23 To: Better Business Bureau,
  The purpose of this letter is to address the following compliant:
  The details of this matter are as follows:Complaint ********************* Issues
  Customers Statement of the Problem:
  I contacted this business about severe mental health issues for several weeks leading up to my appointment. ****** S from the business said 2 doctors from the business were taking patients. I explained my issues and asked her who would be the best fit, she said Dr ** We went through the process and I quit looking for a doctor on Island.
  ************** - asked the patient what he would like to be seen for and the patient responded with his presenting concerns and the types of medication that he had received in the past. The patient wanted to be seen by a provider with the soonest availability so I recommended ***************************** (OO) since our other providers were not scheduling new patients until March. My supervisor ** confirmed that ** could prescribe a particular medication for the patient with an in person visit for up to 6 months. I relayed this information to the patient
  r. Then the patient sent me his insurance information, so I forwarded it to our ****** to verify if ******* could accept his insurance. My ****** stated that she was unsure if the patient's insurance would cover his appointments with ******** but we would try. I relayed this information to the patient and stated that the patient should be prepared to pay out of pocket (OOP) if his insurance denies the claims. The patient confirmed that he was willing to pay out of pocket (OOP). After this communication, I spoke to the patient about OO's availability, and then asked the patient to call me so I could collect the rest of his information. I spoke with the patient on the phone and he provided his basic information (name, address, date of birth) and screening questions. We discussed that OO is a psychiatric nurse practitioner. Lastly the patient provided a credit card while on the phone and we concluded the interaction discussing our company policies and required documents (HIPAA and Informed Consent) before the first appointment. I did not ask the patient to give detailed personal information via email and used a phone call to
  obtain protected health information.
  When I came to my appointment the majority of it was spent in silence while he typed, told me he didn't think he was licensed to prescribe medicine, that he probably couldn't treat me because he
  , and told the patient that OO is
  licensed to prescribe such medication if deemed necessary by the provide
  _________________________________________________________________________________________________
  1300 ************************************************************* ~Phone: ************** ~Fax: ************** ~ MindfulLivingGroup.org
  only worked 2 days a week, and said he would call me the next day to let me know if his license was good or not. He never called.
  OO Response: I am an advanced practice registered nurse, licensed to practice as a Psychiatric Mental health nurse practitioner in the *************** and Georgia. I am also board certified. OOs meeting with Mr. * was on January 11th, 2023, when he approached our practice seeking help with anxiety and panic attacks. I completed a comprehensive psychiatric intake and evaluation during the visit. At the end of the visit, I advised the patient that the medication that he reported that he started taking five days will need to be allowed some time to work. (Lexapro) The patient requested ***** 1 mg TID, I told him that I might be able to give him a few doses for a short term until the Lexapro fully kicks in. I explained to the patient that I must check the ****** Prescription Monitoring Program (PDMP) for his prescription history before prescribing controlled medication. I explained to him that I have requested access to PDMP and hoped to have access in the next 48 hours,I added that If I have it by the next day, I will give him a call. I advised him to continue taking Lexapro. I educated him to go to the office; call *********************************************************************************** develops any mental health crisis. On January 13th, 2023, after reviewing Mr. * PDMP history, I sent a prescription for a limited dose of Xanax for Mr. * to the pharmacy on record.I made a few attempts to call Mr. *** but he was unreachable. I also requested that the office staff call Mr. ** but he was unavailable. I am licensed in the *************** to practice as a Psychiatric mental health Nurse Practitioner. I have a *** certificate from the **************** and I also have a certificate of Registration for a controlled substance in the ***************. Please feel free to contact me if you have any further questions.
  Active & reflective listening and writing what patients report is an important part of the clinical interview to gather history and symptoms to make a proper diagnosis and treatment plan. Patients sometimes attempt to self-diagnose and prescribe. It is the duty of healthcare providers to provide care that is safe and effective for presenting issues. Use of benzodiazepines is considered a controlled substance, has addiction and misuse risks, and is not clinically appropriate for long-term use in most cases. In some cases, providers will not prescribe this medication if they do not believe they can do so safely.
  MLGs providers, despite being part or full time respond to prescription refill requests within 1-3 business days. If a medical emergency is warranted for immediate attention the patient is referred to the emergency room. OO reported calling the patient 3x between 1/11 to 1/12 to find out what pharmacy the patient was affiliated with and to discuss the medications, treatment plan, and follow up appointment. The patient did not answer the calls, the phone number would not accept voicemails, and several secure text messages were sent. OO sent a 10 day supply prescription to the pharmacy that he had last filled a prescription at to
  _________________________________________________________________________________________________
  1300 ************************************************************* ~Phone: ************** ~Fax: ************** ~ MindfulLivingGroup.org
  support his access to medication interventions while awaiting his response and while he found another provider who could treat him in person more frequently.
  I researched his name and at that particular moment he was not licensed to prescribe in Maui.
  This allegation is incorrect. A **** license search reveals OOs license and authority to prescribe in ****** (supporting documentation attached). ****** *** requires prescribing of specific medications only occur when the licensed provider is physically on island and/or with a physical face to face visit. This requires the provider to change registration from state to state if they are licensed and treating in multiple states. This is a common practice in healthcare and especially in ****** to allow for patient access to care where there is little or no access to treatment as the patient acknowledged difficulty finding. It is possible that perhaps some systems may have had delays in receiving the updated location registration but we do not know if that is the case when the patient searched.
  The business still charged me, ignored repeated attempts to contact another physician, and then dropped me as a patient.
  Mindful Living Groups notice of PATIENT (patient) PERSONAL RESPONSIBILITY AS A PATIENT emphasizes the importance of therapeutic and clinical treatment be focused on fostering self-responsibility, cultivation of empathy,the ability to consider others, as well as the ability to set and follow appropriate boundaries. It is common to experience resistance and avoidance patterns in clinical work when reaching challenging parts of treatment including a provider disagreeing with a patient in a medication decision or treatment plan.
  Due to an apparent inability of the patient to follow our Personal Responsibility No Tolerance to Harm Policy and a pattern of escalation, apparent need for a higher level of care according to the provider, the patient was discharged from evaluation.A formal letter with referrals was sent in our secure text system which was received a few days after evaluation. A short term supply of medication was provided by the provider to the patient's pharmacy and the patient acknowledged picking it up.
  They were authorized to be paid through the VA system, but my screenshots and information was submitted to the VA and ******* the vet liason" with Rep ******* ******* She said they would also attempt to recoup funds.
  Mindful Living Group does not have access to the VA system or know who or what the liaison communicated or was referencing. The patient was informed that the provider may not have been credentialed with his insurance plan as it appeared to be an affiliate of an insurance company we were not familiar with. This sometimes comes up for out of state insurance plans or employers. Mindful Living Group is paneled through most of ******* insurance plans - not other state plans.
  _________________________________________________________________________________________________
  1300 ************************************************************* ~Phone: ************** ~Fax: ************** ~ MindfulLivingGroup.org
  Desired Settlement:
  Refund
  I would like my fees refunded and for them to inform patients, prior to visits, if the dr is part time and no licensed to prescribe.
  Mindful Living Groups billing department submitted the insurance claim for the services rendered and are awaiting response. A charge to the credit card has not yet been made. However, if the claim is denied the patient will be charged according to our HIPAA, Business Practices, and Financial Agreement which was discussed at time of scheduling and signed by the patient on 1/9/23. The service was rendered according to description, a Good Faith ******** provided and the laws and ethics that govern our practice mandate payment for services according to such agreements This is in place for many reasons, one of which is to ensure that the practices in mental healthcare are safe and evidence-based We would rather have a complaint than risk a patient's safety or take them down a path that could cause harm.
  The provider who treated this person was licensed to practice in the *************** and for the presenting conditions.
  Mindful Living Group is committed to providing exceptional care to the patients we serve. We recognize the value of mindfulness in our group. Mindful Living Group also recognizes that it takes a patients commitment, trust, and willingness to change that provide more opportunity towards recovery, and healing. We understand that some patients will need a higher level of care or more specialized care and if or when we discover such a need will refer out which in this case we did with compassion and a short term supply of medication while establishing care with a provider who can better meet the patients needs and expectations.
  Supporting Documentation:
  Please see attached informed consents which were reviewed and signed by the patient on 1/9/23. Signature is not included to protect the privacy of the patient.
  If you have any questions, please dont hesitate to reach out to us. Mahalo.With Aloha,
  ********************** Founder, CEO Mindful Living Group
  Enclosures:
  Informed Consent for Treatment and Telehealth
  Informed Consent for Medication Management
  Controlled Substance User Agreement
  Patient Rights/Responsibilities/HIPAA & Privacy Practices
  Business Practices including No Harm Tolerance Policy & Financial Agreement Discharge Letter

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