Tag Archives: Kaiser

Kaiser Forced to Repay Small Businesses for Overcharging

HMO faces scrutiny for their arithmetic

by Brian Leubitz

Kaiser is something of a mixed bag.  They get some good press for focusing on areas that help to reduce health care costs, preventative care, that sort of thing.  On the flip side, they are usually somewhere in the background on lobbying efforts, killing any attempts to make health care insurance more consumer friendly in California.

Well, today’s news is more on the dark side.  It turns out that they’ve been overcharging small business customers and not really providing the data to back it up:

Kaiser Permanente has retroactively rolled back rate increases that went into effect for small businesses on July 1 by 1.2 percent.

The welcomed – albeit small – bit of news for thousands of  California enrollees comes after a bit of wrangling with the state regulators.

Kaiser in April had proposed a 10.7 percent rate hikes for the bulk of its small business customers. The state Department of Managed Health Care, armed with a new law that allows them to scrutinize actuarial data behind the rate filings, pushed back.

“We’ve been  concerned about the lack of data they provided to support their trends and we requested they reduce their rates,” said department spokeswoman Lynne Randolph.

The new increase of 9.5 percent translates into a total savings of $13.5 million, Randolph said. “We  believe thousands of people in small businesses are going to benefit from this,” she said. “It shows the rate review process can be effective.” (SF Gate)

This is bigger than it might seem. First, Kaiser had been facing heat from NUHW for a while now on labor issues, but also on issues of fairness like this.  In fact, NUHW raised the alarms in a letter (PDF) on this issue back in June.

There’s always more than meets the eye in these things.  Everybody scratches everybody else’s back.  In fact, the wife of Bob Hertzberg sits on the board of Kaiser.  Hertzberg, the former speaker of the Assembly and leader of the rich dude funded “Think Long” project that will be coming up with ideas to “reform” the tax system sometime in the next few months.  You think they’ll call for increased monitoring of the massively profitable “non-profit” health insurance companies?

Democracy on Trial: My view on SEIU’s lawsuit against our union

This blog post originally appeared on the Huffington Post

My name is Shirley Nelson. I work as Certified Nursing Assistant and I have been a caregiver at Kaiser Redwood City Hospital for 42 years.

I would like to thank the community of readers here at Calitics for providing me an opportunity to share my point of view about SEIU’s civil lawsuit against 26 union reformers.

They say every coin has two sides, well, so does every case in court

Shirley Nelson, Kaiser Redwood City

To begin with, I want talk about the union I used to be an elected leader of before Andy Stern removed me and 85 other union members from office.

UHW was, by all measures, a successful union. We bargained strong, industry-leading contracts. We represented our members effectively. We organized non-union workers to join our union. We trained our stewards diligently. If you ask anyone in the labor movement who knows our history, they will tell you that we served our members well. In fact, our union was an example for the rest of the labor movement of the kind of power that a member-led union can win for its members.

All that has changed since SEIU took over UHW. While UHW was a member-led union, SEIU is an employer-friendly union.

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In just one year of trusteeship, SEIU has given away the lump sum payout pension option for Kaiser employees without a vote, bargained away family health benefits at Alameda Hospital, forced Sutter employees into a substandard health plan and given away $10.5 million at the bargaining table to Daughters of Charity directly from union members’ pockets. Those giveaways are the result of SEIU’s employer-friendly approach to bargaining.

Directly out of our disagreement with SEIU and their takeover of our union, we have built a new, democratic union called NUHW, the National Union of Healthcare Workers. Since we took that step, however, SEIU has pursued what even Judge Alsup has called a “greedy” and “vastly overreaching” legal strategy against the union reformers who organized to prevent SEIU’s takeover and went on to form NUHW.

That is the real background to SEIU’s civil lawsuit.

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When their lawsuit began, SEIU’s lawyers were asking for $25 million in damages from the defendants. After one week in court, they have abandoned 80% of their claims. For example, over the last year SEIU has smeared the defendants with false claims of:

-taking $3 million from UHW’s strike fund

-“Sabotaging” bargaining and grievances

-“Leaving contracts open” at hospitals so workers could vote to choose their union

-Misusing UHW lists and information to help Santa Rosa Memorial Hospital workers and Fresno homecare workers file for elections

SEIU has backed down from every one of those claims when asked to prove them in court.



It is clear that SEIU’s lawyers understand, and want to hide from the jury, that the vast majority of the members of our union disagreed with Andy Stern. It’s also clear that SEIU knows full well that no funds from our former union were used to build NUHW. Every witness they have put on the stand including SEIU officials Eliseo Medina, Mary Kay Henry and Leon Chow have testified to that.

As SEIU has called each key witness in the trial, the judge has been perplexed as to what SEIU thought the testimony was proving. The judge has said over and over that it is completely appropriate to try to prevent the trusteeship of a local union.

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As I sit in court and hear the testimony of the current SEIU-UHW staff members, I am also deeply struck and saddened by the gross incompetence and lack of even basic familiarity with the fundamentals of representing union members they demonstrate. The staff SEIU’s trustees have hired to run my former union have shown themselves to be unfamiliar with the very basics of filing grievances and bargaining contracts. They have also demonstrated a glaring lack of common sense. I say this not only as a union steward but as someone who has trained stewards and bargained contracts for over two decades.

Finally, it has also struck me the manner in which SEIU’s trustees personally attack the former elected leaders of SEIU-UHW like Sal Rosselli and John Borsos. I think I can offer a valuable perspective here, since I was a member and leader of the union before either of them arrived.

I have always known Sal and John to put the members first and to conduct themselves in a deeply ethical manner. That has been our tradition; and that’s why we elected them. That commitment is the founding principle of the new union we are building together, NUHW.

To read more union member voices and get facts about the trial, please visit NUHW.org/trial.

Shirley Nelson, CNA, Kaiser Redwood City

{Shirley Nelson, Certified Nursing Assistant, has been a caregiver at Kaiser Redwood City Hospital for 42 years.  Elected by her co-workers, she served on the Executive Board of SEIU-United Healthcare Workers West until she, and 85 other rank and file members of the board who served with her, were removed by SEIU International in January of 2009. She currently serves on the Executive Board of a new, member-led union in California, the National Union of Healthcare Workers.}

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{NUHW, the National Union of Healthcare Workers, is a vibrant and democratic movement of healthcare workers, dedicated to dignity, justice, and healthcare for all. NUHW Voice features blog posts by workers from NUHW’s Our Voices page. You can follow NUHW on Facebook and Twitter.}

Our union is NUHW!

Today our hard work and unity paid off, and we are proud to announce that our union is the National Union of Healthcare Workers!

RNs at Kaiser Sunset LAMC voted 746 to 36 to join NUHW

Kaiser SoCal Psychsocial Professionals voted 717 to 192 to join NUHW

Kaiser SoCal Healthcare Professionals voted 189 to 29 to join NUHW

Our votes, joined with those of our brothers and sisters at Santa Rosa Memorial Hospital, Los Alamitos Medical Center, The Sequoias-Portola Valley and Doctors Medical Center San Pablo, send a message to every healthcare worker seeking a voice in their workplace and a union that they control: in election after election, workers are choosing NUHW.

Kaiser Sunset RN Victory-NUHW!!

One year after the hostile takeover of our union by SEIU, we’ve sent a clear message with our votes today.

With 3,400 new members, NUHW is now California’s fastest growing union. The results of our elections also mean that NUHW has won 7 out of 9 competitive elections against SEIU and in those elections NUHW has decisively won the vote of healthcare workers. Our growth among previously unorganized workers also sends a powerful signal to the labor movement as a whole–four of NUHW’s eight victories this last year were among workers who were previously non-union; our organizing victory at Santa Rosa Memorial Hospital was the nation’s biggest hospital election of 2009.

You can read a full description of NUHW’s organizing success in our Year One Report.

While those numbers are impressive, they can’t express the core reason we chose NUHW: we want a member-led union that we control–where our voice matters in our workplace and in the care of our patients.

We know that as elections are scheduled in workplace after workplace, an exodus of healthcare workers will join us in NUHW and leave SEIU. We also know that won’t happen automatically; it will take work.

Our victories were rooted in member leadership and strong organizing committees.  As we celebrate we know that other workers are eagerly organizing to join us in NUHW.

There is so much for us to win and so much hope in this new year.

Today, as three Kaiser units in Souther California, we are so proud to stand with our brothers and sisters who voted before us and say, “WE are NUHW!

Tessie Costales, RN, Kaiser Sunset/LAMC

Jim Clifford, Therapist, MS, Kaiser San Diego Psychiatry

Molly Miller, CDRP III, Kaiser Fontana

NUHW: Kaiser Election live blog

Today marks the ballot count for elections held among three Southern California Kaiser chapters representing 2,300  healthcare workers.

The the three chapters are:

-Kaiser Sunset/LAMC RNs

-Southern California Kaiser Psychsocial Professionals

-Southern California Kaiser Healthcare Professionals

The counting should get underway soon, so here we go!

All parties have arrived at the Los Angeles Headquarters of the NLRB at 888 Figueroa Street and NUHW is represented with a strong showing of supporters who’ve gathered in anticipation of the ballot count.

We’ll have more updates as I get them.  In the meantime, if you haven’t read Randy Shaw’s excellent article on this election, you should.

And of course, visit NUHW Solidarity on Facebook to catch the latest from NUHW activists.

Updated 9:30am: The ballots are being separated into three separate counts in three separate conference rooms at the NLRB.  That means the count process will  happen simultaneously for all three chapters. Things should get going soon.

Update 9:45am:  The box containing RN ballots being opened now.  It was signed by dozens of nurses when it was sealed on Jan. 7th.

Update 10:00am:  The Healthcare Professionals ballot count room is now beginning process as well.

Update 10:15am: Word is: all three ballot counts are close to being underway.  NUHW supporters awaiting word are hopeful and quiet.

Update 10:30am:  RN counting underway!

Update 10:40am:  Lots of people wearing RED and NUHW buttons at the NLRB today.  One person on the ground reports: “What’s amazing about the crowd is there are NUHW activists from every corner of Southern California, Kaiser and Non-Kaiser alike.”

Update 10:50am: The Healthcare Professionals ballot count is now underway. The RN ballot count is in full swing as well.

Update 11:00am:  Healthcare Professionals still counting. RN counting is well along.

Update 11:15am:Official report from RN ballot count: Kaiser Sunset RNs vote to join NUHW!  Final Count: 746 NUHW, 36 SEIU 3 Neither

Update 11:20am:  Kaiser Sunset/LAMC RNs vote to join NUHW!!!

Update 11:30 am: FINAL Healthcare Professionals ballot count 189 NUHW, 29 SEIU, 13 Neither.

Update 11:35am: Kaiser SoCal Healthcare Professionals vote to join NUHW!!  

Report from the ground is that workers supporting NUHW are happy and celebrating.

Kaiser Sunset RN Victory-NUHW!!

Update 12:00 Noon:  Kaiser Psychsocial Professionals ballot count is underway. No word yet on when we will hear the final result.

Update 12:30pm: while we are waiting, and it could be several hours (but maybe not), for the Psychsocial results here’s a link to an article on this election from In These Times.

Update 1pm: Word is that the intitial process is complete and they may begin counting Kaiser Psychsocial chapter ballots soon. It is the largest chapter of the three, with 1058 members who work at 89 different facilities and clinics across Southern California. We will keep you up to date.

Update 2:30pm: Labor Notes covers NUHW victories.  And we’re still waiting on news from the Psychsocial Chapter ballot count.

Update 2:45pm:  And…the Pyschsocial Chapter ballot count is beginning.

Update 3:15: Hundreds of ballots in the 1050 member unit have been counted. We’re getting close here.  Remember, SEIU conceded defeat in all three elections before the first ballot was counted for this chapter.

Update 3:45 PM: NUHW is buzzing with excitement in expectation of three decisive victories.  Here in the North the office is beginning to stream with visitors.

Update 4:00 PM: It’s OFFICIAL.  NUHW Wins: SoCal Kaiser Psychsocial chapter joins NUHW!

Final count: 717 NUHW, 192 SEIU, 7 Neither

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{Paul Delehanty works for NUHW, a vibrant & democratic movement of healthcare workers, dedicated to dignity, justice, and healthcare for all. Follow us on Twitter and join us at Facebook.}