Archive for the ‘Judge Jorge Alonso’ Category
Dr Shelton asks U.S. Supreme Court to appoint special master to remove corruption in Circuit Court of Cook County
On this site and in their pleadings before the Circuit Court of Cook County, the Illinois Appellate Court and the Illinois Supreme Court, Dr. Linda Shelton, Dr. Sheila Mannix, David Bambic, Milijana Vlastelica, Frank Epstein, Sandra Padron, Karyn Mehringer, Mic Gerhardt, Maisha Hamilton, Vernon Glass, Naomi Jennings, Annabel Melongo, Davy Cady and many others have shown that the Circuit Court of Cook County has allowed its judges to disregard constitutional rights such as due process, speedy trial, the right to petition for writ of habeas corpus, the right to receive notice and discovery before trial, the right to have enforced state laws as to trial and court procedure, and the right to confront witnesses against them and not have court decision made based on hearsay.
The extreme lawlessness that Shelton has documented on this site is now before the United States Supreme Court in three Petitions for Certiorari and for Mandamus and five more are in preparation. You can read them in the links at the end of this post.
In the pleadings that follow, David Bambic and Linda Shelton are asking the United States Supreme Court to review this extreme lawlessness that has caused wrongful decisions in their cases, but that also is so pervasive that hundreds if not thousands of divorce cases, orders of protection cases, criminal cases, probate cases, and child custody cases must be overturned or retried.
The state of anarchy in Cook County due to judicial ignorance, corruption, misconduct, arrogance, and maliciousness is so extreme, so harmful to children, families, the elderly, and innocent accused of crimes particularly whistle blowers who are being retaliated against, as documented in these three U.S. Supreme Court proceedings that Shelton has requested the U.S. Supreme Court to appoint a special master to review the policies and procedures of the Circuit Court of Cook County and to institute a judicial education and supervision program so that the right to petition for writ of habeas corpus, the right for a speedy trial, the right to compulsory process, the right to notice and discovery before trial, as well as other rights guaranteed by the Bill of Rights including due process or following the statutes and rules of the state and the federal codes and rules are preserved and no longer violated pervasively.
Shelton now calls for Cook County Board President Tony Preckwinkle to fire Chief Judge Timothy Evans for failure to ensure that the judges in the Circuit Court of Cook County follow the Constitutions of the United States and Illinois and the laws of the State of Illinois and these United States.
We can no longer allow this pervasive, malignant lawlessness to run our courts in Cook County and be steered by the corrupt government officials and police officials that have been doing so.
Corrupt Judges Jorge Alonso and Kathleen Pantle kill innocent defendant Vernon Glass
Corrupt Judges Jorge Alonso & Kathleen Pantle cause death of innocent defendant Psychological Counselor Vernon Glass. Read about it here.
Wrongfully Convicted Asks Jurors to Read Appeal – Then Help Correct Their Error – Brought on by Extreme Prosecutorial Misconduct
I want to publicly ask the 12 jurors who wrongfully convicted me to read my appeal, find out what was withheld from them illegally; find out what lies were told by the prosecutor and what judicial misconduct was done by the judge that denied me a fair trial. Then tell me they still think I’m guilty.
I believe jurors should be held accountable and should have to read the appeal. If they then think I should have been found innocent, they should speak out about the corrupt system and how prosecutorial and judicial misconduct was used to bias them and wrongfully convict me.
My appeal can be read at the following link:
http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009
The jurors names and general place of residence are as follows, which is public record, as they were stated in open court and their names are signed on the guilty verdict form. I wrote them after the trial asking them to review information that was withheld from them and to tell me if this would have changed their decision. NOT ONE had the courtesy to write me with an answer. I promised not to write them again, so I am simply putting this on the Internet and hoping their conscience bothers them enough to read it and correct their harmful mistake as the right thing to do:
William Moldenhauer Northwest Side of Chicago
Francine Prisby Arlington Heights
Joanne Goodloue
David Bennett North Side of Chicago
Cayetano Silva Northwest Side of Chicago
Betty Jackson South Side of Chicago
Margaret Polovchak Northwest Suburb of Chicago
Donna Smith South Side of Chicago
Brian Tobola Southwest Side of Chicago
Sarah Iwema Northwest Suburb of Chicago
Ana Arroyo Southwest Side of Chicago
Linda Engeman South Cook County
If any of these people have the guts to contact me, they can do so at my e-mail address:
Shelton Requests Chief Judge Evans Resignation
STOP ILLINOIS CORRUPTION
Linda Lorincz Shelton, Ph.D., M.D.,
Founder and Chief Executive Officer
708 952-0040
April 19, 2009
Chief Judge Timothy Evans
Circuit Court of Cook County
50 W. Washington, Rm 2600
Chicago, IL 60602
Dear Judge Evans:
Thank you for your response letter of April 20, 2009. I understand your concerns not to involve yourself in judicial decisions concerning other judges. However, decisions on indigency petitions are not judicial decisions. They are administrative decisions. As chief administrator of the courts you are responsible for the employees under you including the judges, the clerk, and the court reporters. As you have now willfully refused to do your job and actually are condoning many criminal acts committed by judges under you, the Sheriff’s staff, the Court Clerk, and the Court Reporters, I MUST NOW ASK ON BEHALF OF THE CITIZENS OF COOK COUNTY FOR YOUR RESIGNATION. It is not acceptable for the Chief Judge of the Circuit Court of Cook County to engage in willful denial of due process on such a large scale, and at the same time to abdicate his responsibility as an administrator. The net result of your crimes is that you are participating in running the Circuit Court of Cook County as a criminal enterprise.
It is clear from your previous responses to my concerns that you have no intention of doing your job as an administrator. Your court reporters have defied and still are defying court orders to prepare and file transcripts in 05 CR 29530 [correction – 05 CR 12718]. The Illinois Appellate Court has also violated their oaths of office and the law by failing to enforce Judge Kazmierski’s order to prepare free transcripts and file them. Therefore, Federal Judge Coar has ruled in 09 C 105, a habeas corpus petition on this case, that the Appellate Court through their actions has waived the right of the State of Illinois to insist I exhaust State remedies with direct appeals and a petition for habeas before the Illinois Supreme Court. He is hearing my habeas petition on this [wrongful] conviction where a Cook County Correctional Officer, Sgt. Anthony Salemi, attacked me, falsified his records, perjured himself in court, and the Judge, Kazmierski, committed gross judicial misconduct and the prosecutors, Andrew Dalkin and John Maher committed gross prosecutorial misconduct resulting in an unfair trial denying me due process. Then Judge Kazmierski illegally sentenced me to two years in IDOC, refused to stay sentence pending appeal, in violation of U.S. Supreme Court Holding in Cunningham v. California, 127 S. Ct. 856 (2007). I fully expect to be vindicated and for the Sgt. to be arrested and convicted of official misconduct and other crimes and for the prosecutors to be charged with prosecutorial misconduct and punished appropriately. Judge Kazmierski should be disciplined and I intend to find a way to hold him accountable in a court of law or before the JIB and press.
Judge Maddux is running a criminal enterprise called the Law Division, which denies pro se litigants in particularly the constitutional rights to redress of grievances and due process. He does this by running an illegal and unconstitutional operation called the “Black Line Trial System” of which you are fully aware and condone. He also illegally denies indigent petition and then violates law by ordering his clerks not to promptly give the litigant a copy of their petition and his order concerning the petition. I have now publicized this misconduct and criminal RICO violation on the Internet. As you know Sheila Mannix has also documented and publicized the RICO operation run by the Family Court Division and its judges, which you apparently also condone. See:
Judge William D Maddux, in collusion with Sheriff Dart and Clerk Dorothy Brown, as well as with approval of Chief Judge Timothy Evans runs the Law Division of the Circuit Court of Cook Count as a Criminal Enterprise in violation of RICO. The following has been provided to the FBI and posted on my blogs:
http://illinoiscorruption.blogspot.com/2009/05/judge-maddux-runs-law-division-cook.html
Circuit Court of Cook County Family Division is Criminal Enterprise and committing RICO violations. See federal RICO suit brought by Dr. Sheila Mannix:
1:09-cv-00103
Dorothy Brown’s Clerk’s Office has violated Supreme Court Rules and failed to transmit a notice of appeal in a criminal case, as well as has refused to pepare a record of appeal in that case, along with permitting and condoning her staff in stealing court files from pro se litigants, extorting money from indigent litigants, and causing false arrest of indigent llitigants, as noted in above Internet blogs. As you are fully aware of these crimes and have failed to act to stop further crimes and remedy the above, you are aiding and abetting in such criminal acts, as well as attempting to cover them up.
You are also fully informed that Judge Schultz, Gainer, Alonso, Pantle, Beibel have blatantly violated law, including Illinois Supreme Court Rules and United States Supreme Court Holdings. I also have evidence of misconduct of at least a half dozen other judges including Judges Kuriakos Ciecil, Brosnahan, Petrone, and Donnelly.
http://illinoiscorruption.blogspot.com/2009/04/presiding-criminal-court-judge-paul-p.html
http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html
http://illinoiscorruption.blogspot.com/2009/01/criminal-acts-il-attorney-general-lisa.html
http://illinoiscorruption.blogspot.com/2008/12/save-life-dr-maisha-hamilton-bennett.html
http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook_04.html
http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook.html
As Chief Judge of the Circuit Court you are responsible for referring judicial
misconduct to the JIB and you have failed to do so. You are also responsible for judicial assignments, yet you leave judges who blatantly violate the law in positions of authority and supervision over other judges. Your failure to do you job is not only irresponsible, but I believe purposeful.
I have also fully informed the FBI about the above schemes and crimes, as well as your refusal to do your job. I believe these acts amount to felony theft of honest services, felony conspiracy to violate rights under color of law, felony violation of rights under color of law, obstruction of justice, extortion, fraud, official misconduct, and wire fraud, as well as other crimes including felony RICO violations.
I respectfully therefore, as a citizen on behalf of the people of Cook County ask for your resignation as Chief Judge of the Circuit Court of Cook County.
Sincerely,
Linda Lorincz Shelton, Ph.D., M.D.
CC:
FBI
State Police
Cook County State’s Attorney
Cook County Board
Select Advocacy Groups and the Press
Incompetent Illinois Appellate Judge Sheila O’Brien Again Violates U.S. Supreme Court Precedent
Illinois Appellate Court First District Judge Sheila O’Brien should be impeached for official oppression and extensive violationof her oath of office. See all posts on this blog relating to her.
As is described in my other posts, I am appealing a criminal case against me for a fraudulent Illinois charge of Medicaid vendor fraud in regards to the jurisdictional issues, not in regards to the not guilty jury verdict. See:
Ignorant Presiding Criminal Court Judge Paul P. Biebel Jr. and Trial Judge Jorge Alonso lost jurisdiction for everything except ordering the transcripts after I filed a Notice of Appeal on March 9, 2009. Yet Judge Biebel, without jurisdiction, sue sponte ordered the Notice of Appeal not to be transmitted to the IL Appellate Court in violation of Supreme Court Rules requiring the N of A to be transmitted within 5 days, and . This also closed the case and the Court Clerk then told me the record of appeal would not be transmitted to the IL Appellate Court. Judge Biebel should be removed form the bench for violation of his oath of office and violation of my constitutional right for an appeal and redress of grievances.
After I hand-carried the N of A to the IL Appellate Court, the Clerk of the Court, David Ravid, docketed the case and told me that Judge Biebel’s order does NOT apply to the IL Appellate Court. Then I showed the docket sheet to the Cook County Criminal Clerk and she said she therefore would transmit the record on appeal to the IL Appellate Court as per the IL Appellate Court the case was now active.
Ignorant and malicious Judge Alonso denied my motion for free transcripts for appeal despite declaring me indigent. This is a violation of U. S. Supreme Court holdings and stare decisis. Judge Alonso is blatantly violating case law and violating my constitutional right to an appeal. This is called official oppression or official misconduct and he should be criminally prosecuted and removed from the bench for violation of his oath of office, for this as well as for allowing the prosecution against me to proceed without ANY personal or subject-matter jurisdiction.
I filed three motions to the IL Appellate Court. One for indigency which today was granted by IL Appellate Court Judge Sheila O’Brien, but she added an order sue sponte against my wishes appointing the State Appellate Defender to be counsel for the case. I intend to pursue this appeal pro se. There was NO motion for appointment of the State Appellate Defender.
The State Appellate Defender can order transcripts free, but the Circuit Court of Cook County Reporter is more than a year behind in providing transcripts and therefore is impeding MANY appeals as they cannot be written without the transcripts being filed.
Incompetent and careless Judge O’Brien also denied the following two motions to order Judge Biebel to vacate and expunge his illegal, unauthorized order prohibiting the clerk form transmitting the N of A and therefore preparing the record on appeal. Judge O’Brien is violating law by ignoring IL Supreme Court rules and case law which state that a lower court loses jurisdiction once a N of A is filed and that the N of A MUST be transmitted by the clerk as a matter of law.
Judge O’Brien also violated case law and costitutional right by denying motion to order Judge Alonso to order the transcripts to be prepared free of charge by the court reporters and filed with the Clerk of the Circuit Court of Cook County. Judge O’Brien MAY NOT overturn constitutional rights to a direct appeal in a criminal case and for redress of grievances by ACTIVELY, WILLINGLY AND KNOWINGLY depriving an indigent defendant of transcripts. This denies due process and is a violation of Judge O’Brien’s oath of office. It also is the criminal act of official oppression and official misconduct.
The next step is to request an IL Supreme Court supervisory order to intervene and overturn Judge O’Brien’s unconstitutional and either incompetent or malicious, arrogant orders. I will also move the 7th Circuit Federal Court of Appeals for an order that the illegal actions of Judge O’Brien serve as a State waiver of the State’s right to insist I exhaust state remedies, where my petition for habeas corpus is pending a request for a certificate of appealability after it was denied for failure to exhaust state remedies. I have requested review under the public interest exception to the mootness doctrine and I’m challenging the ruling that I didn’t exhaust state remedies as I did present the jurisdictional issues to the IL Supreme Court twice in a direct appeal and in a habeas petition regarding a criminal contempt finding by the Trial Court in the vendor fraud case, where I allege that since the vendor fraud case lacks jurisdiction and is null and void ab initio, then the criminal contempt finding cannot be held to stand in the presence of a null hearing. The Illinois Supreme Court twice CHOSE to deny leave to appeal and leave to file petition for habeas on these issues. They should NOT be given a third bite at the apple.
http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008
See above first of three links for Motion concerning Judge Biebel’s orders.
Following is Motion concerning Judge Alonso’s denial of transcript:
No. 09-0949
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
PEOPLE OF THE STATE OF ILLINOIS ) Appeal from the Circuit Court
) of Cook County, Illinois
Plaintiff-Appellee )
)
-vs.- ) No. 04 CR 17571-03
)
LINDA L. SHELTON )
) Honorable Jorge Alonso
Defendant-Appellant ) Judge Presiding
MOTION TO ORDER JUDGE JORGE ALONSO TO VACATE HIS ILLEGAL ORDER DENYING INDIGENT DEFENDANT FREE TRANSCRIPTS FOR APPEAL AND THE PREPARATION OF THE RECORD ON APPEAL
NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Trial Court Judge Jorge Alonso to vacate his illegal order denying indigent defendant free transcripts for appeal and the preparation of the record on appeal. In support of this motion Defendant states as follows:
Defendant, pro se, filed Notice of Appeal (Exhibit A attached to concurrently filed motion) with the Clerk of the Circuit Court of Cook County (“Clerk”) on March 9, 2009 and requested the Clerk to prepare the Record on Appeal.
Defendant, pro se, filed Motion for Free Transcripts to be prepared and for Court Clerk to Prepare Record on Appeal without charge and presented this motion to Judge Alonso on March 20, 2009. Judge Alonso orally denied the motion without legal basis and in violation of established law. (Exhibit B) Trial Court previously declared Defendant indigent.
It is clear from Stare Decisis, Illinois Supreme Court Rules, and common knowledge that indigent defendants must be granted free transcripts of the proceedings and free preparation of record on appeal for transmission to the Appellate Court. Failure to do so denies the defendant’s constitutional right to due process and redress of grievances.
Therefore, Judge Alonso has violated the constitution, Illinois Supreme Court Rules, and higher court precedent in denying free transcripts and preparation of record of appeal.
WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order reversing decision of Judge Alonso denying the record of proceedings and record on appeal without cost to indigent defendant.
Judge Paul P. Biebel Jr. Violates Constitutional Right & Illegally Withdraws Notice of Appeal
I filed a Notice of Appeal as a right with the Clerk of the Circuit Court of Cook County on March 9, 2009. I was found not guilty of Medicaid vendor fraud because it was a case of ID theft. I am NOT appealing the verdict. I am appealing the issue of jurisdiction both because controversies remain and due to the public interest exception to the mootness doctrine.
The Circuit Court loses jurisdiction once the Notice of Appeal is file. The Clerk of the Court is required by law to transmit the Notice of Appeal to the Illinois Appellate Court.
On March 20, 2009 Judge Biebel sue sponte wrote an order barring the Clerk from transmitting the Notice of Appeal or from preparing the record on appeal, illegally declaring that there was “no appeallable order”.
I too the Notice of Appeal to the Illinos Appellate Court and had the case docketed – 09-0949. I also filed the following two motions. Judge Biebel has violated his oath of office by blatantly violating law.
The result of his order would have been to deny the appeal of the jurisdictional issue, which if I win, will set precedent and prove that Illinois Attorney General Lisa Madigan and the Illinois State Police Medicaid Fraud Control Unit in conjunction with the Office of Inspector General Federal Dept. of Health and Human Services have been illegally and baselessly prosecuting a number of quality and dedicated providers of mental health services to persons on Medicaid. A win would free Dr. Maisha Hamilton Bennett, overturn her conviction and overturn the conviction of Naomi Jennings and perhaps others I don’t know about, as well as force the prosecution against Vernon Glass to cease.
As explained in the following link AG Madigan and IL Medicaid (started by previous AG Ryan and previous administrations) have a scheme to deny mental health care to persons on Medicaid, use this as a phony claim they are tough on fraud for election purposes, and use this to help balance the IL budget on the backs of the mentally ill. They are claiming that Medicaid will not pay for psychiatric services performed by non-physicians such as licensed drug-addiction counselors and psychologists when billed fee-for-service as employees of physicians. They claim it is felony fraud for a physician to bill Medicaid for services of such licensed employees.
This essentially denies mental health care to persons on Medicaid as > 80 % of mental health care in this country is provided by non-physicians. We need 30,000+ pediatric psychiatrists yet the country has less than 5,000. Failure to provide mental health care increases crime, misery, family disruption, and poverty. It is a disaster to our economy. Judge Biebel is part of the problem, not the solution. He should be impeached. As presiding criminal division judge he should be held to a higher standard and should know better.
For a detailed and exhaustive analysis of the fraudulent nature of the charges and the state scheme see:
http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html
For a detailed analysis of why the indictment is legally insufficient and therefore the case is void see:
http://illinoiscorruption.blogspot.com/2008/10/legally-insufficient-indictment-failure.html
For a shorter description of the scheme by the state to deny mental health care see:
http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html
For detailed discussion of the jurisditional issues in a federal Petition for Writ of Habeas Corpus which was denied and is pending before the 7th Circuit Court of Appeals under the public interest exception to the mootness doctrine see:
http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008
The following is my Motion to the IL Appellate Court to overturn Judge Biebel’s void and illegal order:
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
PEOPLE OF THE STATE OF ILLINOIS ) Appeal from the Circuit Court
) of Cook County, Illinois
Plaintiff-Appellee )
)
-vs.- ) No. 04 CR 17571-03
)
LINDA L. SHELTON )
) Honorable Jorge Alonso
Defendant-Appellant ) Judge Presiding
MOTION TO ORDER JUDGE PAUL P. BIEBEL JR. TO VACATE HIS ILLEGAL ORDER FOR CIRCUIT COURT CLERK NOT TO TRANSMIT NOTICE OF APPEAL TO APPELLATE COURT
NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Presiding Circuit Court of Cook County Criminal Division Judge Paul P. Biebel Jr. to vacate his illegal order for Circuit Court of Cook County Clerk not to transmit Notice of Appeal in above titled case to Illinois Appellate Court. In support of this motion Defendant states as follows:
Defendant, pro se, filed Notice of Appeal (Exhibit A) with the Clerk of the Circuit Court of Cook County (“Clerk”) on March 9, 2009 and requested the Clerk to prepare the Record on Appeal.
Defendant, on April 10, 2009, received an order made sue sponte by Judge Paul P. Biebel Jr. instructing the Clerk NOT to transmit the Notice of Appeal to this Appellate Court stating that there was no final appealable order. (Exhibit B)
Notice of Appeal states that Defendant was found not guilty on February 24, 2009, but was appealing NOT THE VERDICT, but the issue of JURISDICTION of the court.
The Illinois Appellate Court, 3rd District in King v. DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974) ruled that a judge’s refusal to enter a finding of not guilty after a not guilty verdict was a final appealable order. The United States Supreme Court in several cases granted certiorari after not guilty verdicts and ruled that issues in cases where there were not guilty verdicts were appealable if they met two tests: 1) there remained a controversy, and 2) when there is no threat of either multiple punishments or successive prosecutions as a result of overturning the decisions of the trial court; in essence that as long as the double jeopardy clause is not offended the appeal is not barred. United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, (1975); Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055 (1975); United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013 (1975); United States v. Martin Linen Supply Co, 430 U.S. 564, 97 S.Ct 1349 (1977); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978)
A case is only moot when it involves no controversy. Hynde v. Hopper, 56 Ill.App.2d 152, 205 N.E.2d 647 (1965)
In the present case there remains a controversy – the issue of personal and subject matter jurisdiction. The appeal and decision about this controversy denying Defendant’s multiple motions to dismiss pretrial for lack of jurisdiction was barred until there was a final order of the court (finding of not guilty after not guilty jury verdict). The issue is not moot because a decision on jurisdiction will solve several remaining controversies. There is no limitations on the time to appeal void orders.
First, if the case lacked jurisdiction and was null and void ab initio, then all bail orders are void and the Clerk may not retain the 10% of the bail or $1100, and she must return this money to the Defendant.
Second, if the case was null and void ab initio, then the case must be expunged from Defendant’s criminal record without charge to her and without the requirement that she apply for it to be expunged.
Third, if the case was null and void ab initio, then two findings of criminal contempt found during the precedings would also be null and void and must be vacated and expunged, even IF the defendant had made contemptuous statements or made contemptuous actions during these two hearings which would become nullities. ACC 050087-01 and ACC 070057-01
Fourth and finally, Defendant also claims that the issue of jurisdiction is not moot because if the valid controversy of alleged lack of jurisdiction in this case is resolved in favor of the State’s position that there is jurisdiction, res judicata on this issue would bar any tort action against Judge Pantle and Attorney General Lisa Madigan in federal case number 1:06-cv-04259, a pending civil rights suit against these persons on hold in federal court pending the disposition of this criminal case (now it will be taken off of hold status). The orders of the federal court based on presumed absolute judicial and prosecutorial immunity did not address the merits of the allegation of total lack of jurisdiction of prosecutor or Trial Court and its judge. Therefore, the Federal District Court has NOT decided this jurisdictional issue in the pending case, 1:06-cv-04259. There is no issue of res judicata barring the consideration by the Illinois Appellate Court of the controversy concerning jurisdiction in this case. The Federal Court order removing these two persons from the suit as defendants will be appealed due to their lack of jurisdiction. This order of the Federal District Court in case number 1:06-cv-04259 becomes null and void if this Illinois Appellate Court rules that this criminal case was null and void ab initio, as prosecutors and judges lose absolute immunity ONLY when they are declared to have NO jurisdiction in a case. Therefore a controversy remains as to whether the Illinois Attorney General ever had jurisdiction to indict and prosecute defendant and whether the Trial Court ever had jurisdiction to hear this case, based on the resulting void indictment. The resolution of this controversy has immediate impact on the resolution of the above mentioned federal case and on the convictions of Maisha Hamilton Bennett and Naomi Jennings, as well as on the pending criminal case against Vernon Glass. All these cases involve the same charges and the same issues leading to the conclusion that there was a lack of trial court and prosecutorial jurisdiction or authority as listed in the Notice of Appeal. Therefore, harm will befall defendant and continue to befall Maisha Hamilton Bennett, Naomi Jennings, and Vernon Glass if the issue on this appeal of jurisdiction is not resolved in defendant’s favor.
Therefore, the Illinois Appellate Court is NOT BARRED from hearing this appeal pertaining solely to the jurisdictional issues.
WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order for Judge Paul P. Biebel Jr. to vacate his order of March 20, 2009 to the Clerk not to transmit the Notice of Appeal to this Honorable Court.
Under penalties as provided by law pursuant to 735 ILCS 5/109-1 I certify that the statements set forth herein are true and correct.
Dated: April 14, 2009
Respectfully Submitted,
___________________
Linda L. Shelton, Ph.D., M.D. Linda L. Shelton
Judge Paul P. Biebel Jr Violates Supreme Court Denies Appeal
Judge Paul P. Biebel Jr. has again violated stare decisis in snubbing his nose at previous United States Supreme Court Rulings and the United States Constitution.
I filed a Notice of Appeal in case no. 04 CR 17571-03 regarding the issue of personal and subject-matter jurisdiction. IT IS CLEAR THAT THE COURT NEVER HAD JURISDICTION. See:
http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html
http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html
The trial court under the following judges in succession violated my rights by holding court without jurisdiction and failing to dismiss and vacate the case ab initio based on lack of jurisdiction: Judges Crooks, Fox, Pantle, and Alonso. All these judges are intellectual midgets who need guidance by studying case law. They all make baseless knee-jerk decisions violating higher court rulings and are unable to handle making decisions of law except for basic common variety criminal case issues. They should be barred from any case with complex federal laws or unusual questions of law.
I went to trial on February 17, 2009 and was found not guilty by the jury on Febrary 24, 2009. I am NOT appealing the verdict. I am appealing the jurisdictional pretrial rulings where Judges Fox, Pantle, and Alonso claimed that “Federal Law does Not Apply in this Case” [Judge Alonso] despite the fact that Medicaid is a joint federal state program; that “I don’t care” [Judge Pantle] in response to my complaint and request to argue the jurisdictional issues; and denials of motions to dismiss for insufficient indictment [see:
http://illinoiscorruption.blogspot.com/search/label/Indictment ], and for
violation of statute of limitations, for illegally impaneled grand jury, for misstatement of the law to the grand jury, for extensive perjury of the State witness to the grand jury, for violation of speedy trial statutes, for violation of the Supremacy clause, for failure to state a valid charge, and for lack of personal and subject-matter jurisdiction because the sham prosecutor IL Attorney General Lisa Madigan has no legal authority in Illinois to independently appear before a grand jury, obtain an indictment, or prosecute a case without the invitation, review of evidence and decision of charges, consent, and at least minimual participation of the County State’s Attorney – which was never done in this or similar cases.
I filed a Notice of Appeal per IL Supreme Court Rules on March 9, 2009 stating I was appealing the jurisdictional issues and not the verdict. By IL Supreme Court rules the Clerk is REQUIRED to transmit the Notice of Appeal to the IL Appellate Court, and the Circuit Court loses jurisdiction once the Notice of Appeal is filed.
The Clerk of the Circuit Court has in violation of her oath of office to follow the law refused to transmit the Notice of Appeal to the IL Appellate Court because she was ordered by Presiding Criminal Court Judge Paul Biebel Jr (not trial judge) not to transmit the Notice of Appeal or prepare the Record on Appeal.
Therefore, Judge Biebel’s order is null and void as he had no jurisdiction to make it and the Clerk MAY NOT follow it. I spoke with Dorothy Brown, Clerk of the Circuit Court today and she promised to look into this and get back to me.
In addition, stare decisis due to United States Supreme Court opinions specifically allows appeals in criminal cases where there have been not guilty court findings IF 1. there is a controversy and 2. if the double jeaopardy clause is not invoked by a new trial being required upon reversal of the trial court rulings. See United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, (1975); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978); and King v DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974).
In my case there are three controversies that survive the not guilty verdict: 1. jurisdiction, 2. clerk retaining 10 % of the bond would be illegal if the bail orders are declared void when the court is declared to have had no jurisdiction, and 3. pending civil rights suits against AG Madigan and J Pantle for malicious prosecution, wrongful pretrial incarceration, and other torts are only valid if these persons lose absolute prosecutorial or judicial immunity. The only time they lose immunity is if the case is totally void and there is proven to be no jurisdiction – which is the case in this instance.
Double jeopardy is NOT INVOKED if I should lose the appeal of the jurisdictional issues as this would only mean that the case was valid and the not guilty verdict would stand. If I win the appeal and it is declared that there never was jurisdiction of the court or the prosecutor, then Clerk Dorothy Brown must return the $1100 she retained as 10 % of the bond because the bond orders would become void and the case against AG Madigan and Judge Pantle would proceed.
I have not decided between several options as to how to cause Dorothy Brown to prepare the record on appeal and transmit my notice of appeal. The right thing for her to do is to inform Judge Biebel that she refuses to violate Supreme Court Rules, United States Supreme Court rulings, and her oath of office and that she would not honor his illegal and void order, but was transmitting the Notice of Appeal to the IL Appellate Court and was preparing the record on appeal.
I could also make a motion to the IL Appellate Court requesting that they order Dorothy Brown to transmit the Notice of Appeal and prepare the record on appeal, as well as voiding Judge Biebel’s illegal order. I could also ask for the Illinois Supreme Court to do the same under a Motion for Supervisory Order or Motion for Mandamus.
Judge Biebel’s conduct is a violation of his oath of office, an illegal penalty on the exercise of my constitutional rights, official judicial misconduct, a violation of IL Supreme Court Rules, a violation of the United States Supreme Court Opinions (stare decisis or precedent), unethical, immoral, discriminatory, retaliatory, and criminal.
Judge Jorge Alonso Overturns Federal Medicaid Code – Denies Mental Health Care to Illinoisans on Medicaid!
Dr Linda Shelton, who has devoted her life to service of others and particularly to providing medical and mental health services to the poor, although found innocent on a wrongful charge of Illinois Medicaid Fraud, simply for trying to help people on Medicaid obtain mental health care, has suffered a civil death of defamation and destruction of her career and Illinoisans on Medicaid are still largely denied mental health care. Please read the following and help any way possible. I thank anyone who will help me.
This is a story epitomizing government corruption and greed, retaliation against whistle blowers, and gross government incompetence brought on by decades of fraud, patronage, and nepotism in Illinois.
Judge Jorge Alonso ruled on my criminal case where I am charged with Medicaid fraud that “substitute billing is illegal”. This is where a doctor sends a bill to the insurance company for services performed by his employee such as the service of a nurse administering a vaccine or a psychologist administering a psychological test, or a cast technician applying a cast. In my case the Illinois Attorney General claims that if a doctor bills Medicaid for counseling (for drug addiction, post-traumatic-stress disorder after rape, obsessive-compulsive disorder, depression, dementia, etc.) if the counseling or psychological testing was done by an employee and not directly by the physician then it is a felony crime.
If substitute, also known as incident to, billing is illegal than ALL doctors in Illinois are guilty of a felony crime of fraud! God Help Us! Judge Alonso is so eager to railroad me and convict me that he is violating his oath of office to uphold the laws of the land and the constitution. Due process, guaranteed by the Bill of Rights REQUIRES that he follow the law. He is BLATANTLY violating the law, either maliciously or ignorantly due to his arrogance, incompetence, bias to run and support the alleged prosecutor AG Lisa Madigan, or his ego.
Physicians are NOT trained to do psychological testing for personality disorders or mental illness. Psychologists at the master’s and Ph.D level are trained to do so. These tests are invaluable in helping determine the right diagnosis and the right course of treatment. Judge Alonso has ruled that those on Medicaid are not eligible for this type of evaluation and treatment as a result of his illegal and unconstitutional ruling.
Many non-physicians are licensed in Illinois and all states to provide Psychiatric & Psychological Services:
1. nurses 225 ILCS 65,
2. clinical psychologists 225 ILCS 15,
3. licensed social workers 225 ILCS 20,
4. licensed clinical professional counselor 225 ILCS 107,
5. licensed marriage and family therapist 225 ILCS 55 and 68 ILAC 1283
Judge Alonso’s illegal ruling denies all of these people the RIGHT to practice their profession and denies the citizens of Illinois on Medicaid the Right under the Federal Medicaid Act to access to care equivalent to the care provided in the community.
Federal Judge Joan Lefkow ruled in August 2004, at the end of a 12 year civil rights class action suit that “Illinois Medicaid Policies and Procedures are in Violation of the Federal Medicaid Code because they Deny Access to Care” to children on Medicaid. This ruling is applicable to all Medicaid patients but the ruling only applies to children. It needs to be expanded to cover all Medicaid patients.
The Federal Medicaid Code, 42 U.S.C. 1396A(a)(30)(A), [regarding adults and children covered under Medicaid and the EPSDT program] REQUIRES any State Medicaid program funded by the federal government to provide care equivalent to that obtainable from private insurers in the community to Illinois Medicaid clients.
Therefore, Judge Alonso’s ruling is unconstitutional, unfair, illegal, and amounts to his ruling to overturn the Federal Medicaid Code as well as Illinois Statutes licensing non-physician providers of mental health services. As > 80 % of mental health services are provided by non-physicians this essentially shuts out mental health services to all but a few in Illinois who are poor.
The Federal Court and U.S. Attorney should intervene as this is illegal and also a violation of the Americans with Disabilities Act in terms of discrimination.
As to my case, I am charged with billing for mental health services never done and substitute billing for mental health services between June 2000 and April 2002 while “working” at Right Frame of Mind & Associates (RFOM). Over the last six months when I obtained access to the old business records for RFOM I discovered the fact is that the year before I started working for a group practice called RFOM, part-time providing chart review for quality, consultation about medical and psychiatric policies and procedures, and limited patient care, two woman, who were partners with the CEO and without the knowledge of the CEO, in 2000 fabricated hundreds of patient encounter forms (filled out by doctors or therapists as to what patient they saw, the diagnosis, and what service was provided), that are later translated into bills or invoices by the billing agent, for services they never did. These two women, Itadel Shalabi and Nareman Taha never met me as they were fired before I started working there in 2001.
I had major neurosurgery in July 2000 due to a congenital spinal problem that was crushing my spinal cord and leading progressively towards quadraplegia. I was incapacitated for six months and heavily sedated with narcotics and other drugs for much of that time. I had agreed in early 2000 at the request of the CEO to be one of a dozen or more part-time medical directors to oversee quality of care, screen for medical disorders mimicking psychiatric disorders, help train the counselors to write better notes (many were foreigners with good counseling skills but a little difficulty with English writing), advise the CEO on best medical practices and standard of care, and provide physician services to patients needing medications.
I or my staff while I was in hospital gave the CEO my Medicaid provider number and other necessary documents so that the company’s billing agent Louise Moore of Data Medical Works could sign me up with Medicaid as a provider for the group so that they could bill for my services when I began to work, if I recovered, in 2001.
Ms. Moore I never met at the time was a sweet lady who is ignorant of a lot of things. She held herself out to be a expert at medical billing and she signed a contract with the CEO in early 2000 to set the group up legally to bill Medicaid. Nothing she did was actually proper, but it was not her own fault. She failed to tell the CEO he would be paid more if he had his group certified as a community mental health center. She was totally ignorant of the concept of community mental health centers (or the drug addiction and alcohol treatment centers – another center with its own enabling State Statue).
Under the Community Mental Health Service Act mental health groups that become certified bill Medicaid under the Center’s name and not under the doctor’s name. They also contract with the Illinois prisons, and/or DCFS (Illinois Child Welfare) or other agencies to provide comprehensive mental health services. They must have at least one medical director, but the director is an administrator and doesn’t have to see patients. Ph.D. psychologists or doctors or licensed mental health providers can supervise non-physician mental health service providers and bills can be sent in to Medicaid under the center’s name for all these services.
Ms. Moore ignorantly thinking (falsely) that her contract allowed her to sign the names of Right Frame of Mind employees on to any form signed my name in August and December 2000, without my or the CEO’s knowledge or consent, on a power of attorney form, an alternate payee form, and a blue cross/blue shielf electronic partner trading agreement form, which are all required to allow her to translate the patient encounter form to an electronic invoice and send it over the wire to BC/BS for adjudication, who then sends it to Medicaid, who then pays abut 30-40 cents on the dollar to the Alternate Payee (in this case RFOM).
Ms. Moore had spoken to the Medicaid Provider Service Unit about how to register the non-physician providers to bill Medicaid. She was told that non-physicians cannot bill Medicaid, was NOT told that a better way to bill was as a community mental health center or how to sign the group up as a community mental health center, and told that all bills (invoices) had to have a doctor’s name as the provider.
Then Ms. Moore, without my or the CEO’s knowledge changed the provider name in preparing invoices from Itadel Shalabi’s and Nareman Taha’s fraudulent patient encounter forms to my name so she could bill under my Medicaid Provider Number. I don’t believe that Ms. Moore had ANY knowledge of the fraudulent nature of the Patient Encounter Forms made by these two women.
Therefore the ghost billing charge is a result of ID Theft, resulting from both fraud by these two women and a comedy of errors by incompetent people advising Ms. Moore in the Medicaid Provider Service Unit, as well as her own blundering ignorance. I am totally innocent having not participated in any way in generating these bills or in receiving or using the money paid for them by Medicaid.
Ms Moore unfortunately is also guilty of mass fraud in all the work she has done in the past decade or more. It is illegal for an insurance biller to bill Medicaid based on a contract where they are paid by the percentage of funds received form Medicaid by the provider. Ms. Moore charged around 8% of all billings. This is illegal and considered fraud as it ties the billers service, which has nothing to do with the medical care provided, with the doctor’s service. Therefore, if she billed for a $100,000 procedure by a heart surgeon she would be paid $8,000 for sending in one bill, while when a family doctor bills $100, she would be paid $8. Providers of services to doctors are NOT ALLOWED to tie their services to the income from the actual medical provider. She MUST BILL ONLY by the piece of work such as $8 per bill. However, she has not been indicted for Medicaid Fraud and has not been sued by RFOM for Fraud in holding herself out to be an expert on billing when she was not.
The second aspect of the charge is substitute billing. I signed a Power of Attorney Form and Alternate Payee Agreement in August 2001. I was informed by the CEO sometime in late 2001 or early 2002 that the group was told by Ms. Moore that the counselors’ and psychologists’ services had to be billed under a doctor’s name so that bills on patients I had seen, but for dates of service when they were seen by a non-physician were being billed under my name. I had assumed that the billing agent was competent and doing the billing properly. I had assumed that substitute billing for employees services in mental health care was as legal as billing Medicaid for my nurse giving a patient a vaccine. I had no idea at the time that anyone considered substitute billing illegal. I had no knowledge that Ms. Moore had actually sent in tens of thousands of dollars worth of bills under my name before August 1, 2001 based on documents she forged and the fraudulent patient encounter forms from the above two women. Therefore, I told the CEO that was fine. I was not involved in billing or administration of the group except to fill out patient encounter forms when I saw a patient. I had a good faith belief that all was well.
I had also had an agreement that being part-time the business would limit my patient panel to 200 patients as I did not feel that part-time doctors should supervise the care of any more patients than this number.
Since Judge Alonso has unconstitutionally and illegally ruled that substitute billing is illegal I will be found guilty and likely sentence to prison for 4-15 years, as well as forever lose my medical license and reputation, along with my livelihood, future, friends, health as medical care is inadequate in prison and I am disabled with several serious medical disorders, and will to live. I have informed the U.S. Attorney, FBI, at the time Senator Obama, Senator Durbin, and now Senator Burris along with a lot of Congressmen and other Sentators and State legislators. I am receiving no assistance to solve this problem and restore mental health care in Illinois to those on Medicaid.
In late 2001 Ms. Lovett, Ms. Collins and others from the Office of Inspector General Medicaid contacted the RFOM and claimed that they needed to review some charts as a “standard review of a new practice to help us comply with the rules”. We completely complied and Ms. Lovett came out in 2001. She told the CEO the charts were well done and she would give us a report in 90 days. The CEO was actually very happy about this review because he wanted to make sure that our group practiced with the highest quality and had the best quality charting in the business. They never gave us a report or any feedback and their only response was to initiate a felony prosecution which culminated in the indictment of selectively me (and not one other of the dozen or so medical directors doing the same job – perhaps because only the CEO and I were whistle blowers about Illinois Governement Corruption and mistreatment of children in foster care and on Medicaid by the State) and the CEO.
After a number of months with NO feedback and strange comments from the Illinois State Police Medicaid Fraud Unit (part of the Illinois Attorney General’s Office), where the CEO had gone to inform them that he was concerned abut the integrity of our medical records because he had fired Itadel Shalabi and Nareman Taha for other administrative misconduct and inappropriate behavior with patients and they stole a hundred or so medical records (eventually returning parts of them) I began my own investigation of the rules of Medicaid. The State Police have not arrested them yet.
The CEO, I had learned over about a year was much more naive than I thought about running the business. I had assumed that he was qualified as an administrator and found out he was not. Finding out about the stolen charts and the lack of feedback from the OIG-Medicaid on this “routine review” concerned me. I was also concerned because in April 2002 the CEO told me that Ms. Collins at OIG-Medicaid had informed him to talk to Mr. Brown at Medicaid because there was a problem with the way our group was set up. Mr. Brown told the CEO that RFOM could not be a proper alternate payee under their rules and he apologized for misleading the CEO when the group was originally set up in 2000. He told the CEO that Medicaid could not continue to pay the group unless it was owned by the doctors. The group was the sole proprietorship of the CEO a master degreed psychologist. The CEO said OK, hired an attorney, and asked several of the doctors to be the officers of the group as it changed to corporate status. The corporation was set up so that the doctors would not actually profit from the corporation but were only paid by the hour for their work. The CEO was going to make a profit from managing the corporation. However, no profit was ever made as all the income went to overhead, particularly paying the counselors and doctors their salary and/or hourly rate. The CEO actually put in $100,000 of his own money to meet payroll before he closed the business as no viable financially. My total income from the group was about $5000 over all the time I worked there from 2001 to 2003. I always told the CEO to pay the other employees first and my work was only very limited and part-time.
Beginning in 2002, I researched the Federal and State Medicaid rules, policies, and laws so that I would be able to meet my fiduciary duty to participate in running the corporation at least from an advisory point of view. I discovered the following and this is why I told the CEO in mid 2002 and maintain this belief, that substitute billing is perfectly legal and actually REQUIRED by the Federal Medicaid Code as well as NOT PROHIBITED by Illiniois Statutes or Illinois Adminstrative Rules:
Federal and State Medicaid laws are extensive, complex, and immensely confusing. The State of Illinois is misusing them to indict doctors, psychologists, administrators of psychiatric and psychological practices for “Medicaid Fraud” when they are actually following federal law and providing needy services including counseling, drug treatment, suicide prevention, etc. Attorney General Lisa Madigan and Jim Ryan before her have targeted especially those groups run by whistle blowers, in order to falsely claim they are tough on fraud, to prevent Illinois from paying the bill for mental health services for the poor and needy on Medicaid, and reduce the bottom line.
A claim of “tough on fraud” will help AG Lisa Madigan win election as Governor. Failure to provide mental health care including drug addiction and alcoholism treatment leads to increased crime as drug addicts, alcoholics, and those that are so out of touch and mentally ill find alternatives to legitimate work to feed their habits or survive. Failure to provide adequate mental health care at the front end leads to much higher costs in the long run.
Code of Federal Regulations 42 CFR 414.34 states:
“Payment for services and supplies incident to a physician’s service”
“(b) Services of non[-]physicians that are incident to a physician’s service. Services of non physicians that are covered as incident to a physician’s service are paid as if the physician had personally furnished the service. ”
United States Code42 U.S.C. § 1396d(a)(5)(A)
requires reimbursement for “physicians’ services furnished by a physician.”
Code of Federal Regulations 42 C.F.R. § 440.50
The HHS rule implementing the Medicaid Act defines “physician services” to include services provided:
“(a) within the scope of practice of medicine or osteopathy as defined by State law; and
(b) by or under the personal supervision of an individual licensed under State law to practice medicine or osteopathy.”
United States Code42 U.S.C. §1396a(a)(32)(C)
Congress further authorized substitute billing under Medicaid for services furnished:
“by, or incident to the services” of another physician
Federal Regulation66 Fed. Reg. 55268
HHS makes clear in its preamble to this rule that it does not restrict the type of auxiliary personnel who may perform a given “incident to” service: “We deliberately used the term any individual so that the physician (or other practitioner), under his or her discretion and license, may use the service of anyone ranging from another physician to a medical assistant.”
Code of Federal Regulations42 CFR 411.15
“Particular services exclude from coverage” specifically states that:
“(m) (3) Exceptions. The following services are not excluded from coverage:
…
•(iii) Nurse practitioner and clinical nurse specialist services…
…
•(v) Qualified psychologist services,”
FEDERAL PREEMPTION SUSTAINED BY FEDERAL 2ND CIRCUIT COURT OF APPEAL
•A Federal suit for a psychiatrist against the New York Medicaid Program based on its refusal to approve Medicaid was agreed to for reimbursement for services provided by his employees under his supervision. Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980), aff’d, 644 F.2d 131 (2d Cir. 1981), cert. denied, 455 U.S. 908, 102 S. Ct. 1255 (1982).
•The court determined that the federal Medicaid rule at 42 C.F.R. §440.50 defining “physician services” unquestionably included supervisees other than the physician, just as the same rule must apply here to vacate Plaintiffs’ indictments. Id. at 1363-64.
State Medicaid must Provide Services 42 U.S.C. 1396a(a)30(A)
•Federal Code clearly mandates that State Medicaid plans must provide services to recipients of Medicaid and payment to their service providers equivalent to care and services provided to the general population by private insurers
•Private insurance pays for psychiatric services provided by counselors and psychologists
•RFOM CEO and other employees, besides the physicians were licensed counselors, nurses, psychological therapist, or social workers, per CEO
42 U.S.C. 1396a(a)30(A)
“A State plan for medical assistance must –
Provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan . . . to assure that payments are … sufficient to enlist enough providers so that care and services are available under the plan … at least to the extent that such care and services are available to the general population in the geographic area“,
Ambiguous State Laws Must be Interpreted to Conform to Fed Law
•The Federal 7th Circuit Court of Appeals has also construed ambiguous state regulations to conform to federal Medicaid requirements,
•an approach worth revisiting here with respect to Sections 140.411 and 140.413 of the Illinois Administrative Code.
•See Evanston Hosp. v. Hauck 1 F.3d 540 (7th Cir.1993), cert. denied, 510 U.S. 1091 (1994).
I (SHELTON) CONTINUES HER OWN INVESTIGATION OF BILLING PRACTICES – 2002-2005
•Shelton discovers that Physician Medicaid Manual has inconsistencies, in one place stating bills for employees billed under doctor’s name, and in another place stating that no psychiatric services can be billed for non-physicians, yet in another place stating that non-physicians may provide psychiatric services and Medicaid may be billed. She also discovered the Illinois Community Mental Health Center Code.
Illinois Administrative Code (IAC)
89 IAC 140.12
“Services Not Covered by Physician”
DOES NOT MENTION psychiatric services by non-physicians
Illinois Administrative Code
89 IAC 140.400(a)
“Payment to Practitioners”
“2) A practitioner may bill only for services he or she personally provides or which are provided under his or her direct supervision in his or her office by his or her staff.”
Illinois Administrative Code
89 IAC 140.411
“Covered Services by Physicians”
“The Department shall pay physicians for the provision of services not otherwise excluded which are:
. . .
c) Provided by the physician or by a member of the physician’s staff under the physician’s direct supervision
Illinois Administrative Code
89 IAC 140.413
“Limitations on Physician Services”
that “limitations” on physician’s services include that psychiatric services will be paid for if they are “. . . provided by a physician . . .” [It does not exclude non-physician services and it is a reasonable inference to conclude the definition of “physician” include the services of non-physician employees, under the doctor’s supervision as defined in 89 IAC 140.400 & 411]
How does this negate previous definition of “physician services” which include incident services by his employees?
UNCONSTITUTIONAL STATE CLAIM
State falsely claims use of word “physician” in 89 IAC 140.413 negates definition of
“physician services”, which includes incident services by physician’s employees as defined in 89 IAC 140.400(a), 89 IAC 140.411
State falsely claims that federal law does not apply and statutory construction rules don’t apply
Judge Alonso previously illegally ruled that the Federal Medicaid Code does not apply in this case despite the fact the Illinois Medicaid is a joint federal/state program partially funded by the Federal Medicaid Code!
IAC TOO VAGUE
•Criminal Laws are invalid if too vague to understand (“void for vagueness doctrine”)
•Illinois Administrative Code too vague in sections:
89 IAC 140.12,
89 IAC 140.400,
89 IAC 140.411, and
89 IAC 140.413
Illinois Administrative Code
•Why should 89 IAC 140.413 have more weight than 89 IAC 140.12?
•Why should the definitions of physician services in and 140.411 not apply to the term “physician” in 89 IAC 140.413?
STATUTORY CONSTRUCTION RULES REQUIRE (Regarding interpretation of conflictin State Statutes)
Specific Controls over General
•89 IAC 140.400 & 89 IAC 140.411
more specific “physician services” includes non-physician employee services
•89 IAC 140.413 general word “physician” with no definition of what services this includes cannot by exclusion negate previous more specific definition of services provided by physician
Federal Law Rules
42 CFR 414.34
Services by Physician’s staff are billed as IF the Physician Performed the Services Himself
If State and Federal Law conflicts, Federal Law Rules
Due to the Supremacy Clause of the United States Constitution
FEDERAL LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•The Federal Medicaid Code requires that State Medicaid programs pay for periodic mental health screening and treatment of any defects in mental health for children under 21:
• 42 USC 1396d “Definitions For purposes of this chapter
• (r) Early and periodic screening, diagnostic, and treatment services
•
•The term ‘early and periodic screening, diagnostic, and treatment services’ means the following items and services:
• (1) Screening services –
• (A) which are provided –
•(ii) at such other intervals, indicated as medically necessary, to determine the existence of certain physical and mental illnesses or conditions;
• . . .
•(5) Such other necessary health care, diagnostic services, treatment, and other measures described in subsection (a) of this section to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan.”
STATE LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•89 IAC 140.485 states:
•“Healthy Kids Program
•Program Description
–The Healthy Kids Program is the Early and Periodic Screening Diagnostic and Treatment Program [EPSDT] mandated by the Social Security Act (see 42 U.S.C. 1396a(43), 1396d(4)(B)(Supp. 1987)). The goals of the program are to:
•Improve the health status of Medicaid-eligible children ages birth through 20 years through the provision of preventive medical care and early diagnosis and treatment of conditions threatening the child’s health
•…
•8) Treatment. The Department shall pay for necessary medical care (see Section 140.2), diagnostic services [i.e. psychological testing], treatment or other measures medically necessary … to correct or ameliorate defects, physical or mental illnesses….”,
•The Illinois Public Aid Code [AKA Medicaid Act], 305 ILCS 5/19(f) requires that EPSDT screening and mental health treatment be provided to children in the Medicaid program:
•“5/19. Healthy Kids Program
•(f) Covered Medical Services. The Illinois Department shall provide coverage for all necessary health care, diagnostic services, treatment and other measures to correct or ameliorate defects, physical and mental illnesses, and conditions whether discovered by screening services or not for all children eligible for Medical Assistance under Article V of this Code.”
Dr Shelton was a Medicaid Registered EPSTD Provider
Therefore ANY REASONABLE person would conclude that the law permits substitute billing for mental health services whether it be another physician covering for the doctor, or a non-physician supervised by the doctor or her colleagues. If you don’t agree than the void for vagueness doctrine should clearly negate and prevent any criminal charges for substitute billing.
I am innocent and destroyed. I was found not guilty by jury verdict on February 24, 2009, but I have still suffered a civil death of defamation and loss of career due to this illegal attack on me by corrupt IL Atty Gen Madigan, corrupt State Police Medicaid Fraud Control Unit Investigator William Reibel, and incompetent, arrogant, malicious judges Kathleen Pantle and Jorge Luis Alonso. This is my reward for devoting my life to service particularly of the poor and needy. If you want to help reverse this civil death and obtain mental health care for those on Mediciad, contact the Illinois Reform Committee and flood them with letters. Contact the U.S. Attorney and FBI and flood them with letters. Contact your legislators and Congressmen and flood them with letters asking for congressional and legislative hearings. Contact the press. Donate to my legal fund anything possible to help reduce the more than $40,000 debt. I need tens of thousands of dollars. Shelton Legal Fund, C/O Albukerk & Associates, 3025 W. 26th St. 2nd Floor, Chicago, IL 60623. Thank you if you help.
