Risk Managers: Deny, Defend, Investigate Pt 3

4/19/2014 3:44 PM:

Are there any laws, rules or regulations on taking photographs of patients? With or without their permission?

Reference http://www.slate.com/articles/technology/future_tense/2014/01/doctors_on_social_media_share_embarrassing_photos_details_of_patients.html

I can’t find any where we are guarenteed that the sort of behavior I see above in the link provided would never happen.

Could you please point me to any published information on that subject? Thank you,

Sent Sunday April 16, 2014

Well?

Privacy Officer included you, Risk Manager, in this email. I’ve not seen a justification why you all need lawyers to answer (or even copy them on):

1) why a publicized on the website statement says that I (from the Privacy Office) will get an answer in writing in X days but didn’t in my case
2) why it took longer than 60 days, the legal deadline, to get me an answer on my first records change (again dealing with the Privacy Office)
3) whether or not you are denying that I submitted a complaint on 4/17/13 and was dismissed from the practice complained about on 4/19/13 and whether or not you know that there is a law against retaliation for filing a HIPAA complaint (again Privacy Office)
4) whether Person Y is a bariatric surgeon representative, as I received a fax from Person Y but no other identifying information (which if it had to do with my case, would be a Privacy Office issue)

Bariatric surgeon didn’t need a lawyer to follow me three times in public, wearing their lab coat emblazoned with the groups’ logo, their name and title. The police handle those situations, not lawyers. So maybe someone can explain why a lawyer is needed because I’m failing to see why any one would need one. This is not about the bariatric surgery practice, this is about publicized hospital practices and HIPAA laws published on the internet that any one can look up. I’ve never authorized any lawyer to contact you so there is no evidence you have on my behalf that you need legal resources.

On 4/9/2014 12:27 PM, wrote:
When it comes to retaliation for filing a HIPAA violation, that is a valid question. I will publicize my timeline with phone records & the dismissal date, so that others can review this, the law regarding HIPAA violation retaliation, and see that you have refused a timeline. I also have documentation that you were researching at the time I was dismissed.

((removal of identifying information) No written reponse was ever received although you advertise the above. I will publicize those facts also, since I’ve not gotten a response except the within 7 day dismissal letter.

I’ll also note how I lost all care, dropped by another doctor and refused at another group due to Bariatric Surgeons actions, but that hospital is making a profit by hiring Doctor Y, since that practice has people waiting months to get in. Its enlightening to know how the Bariatric surgeons’ practice treats those who’s suggestions adds to its bottom line.

Thank you.

—–Original Message—–
Sent: Tuesday, April 08, 2014 12:23 PM
Subject: Re: Addition to records request status

I have requested the time line for that investigation. That is what has never been answered. I will let others know the multiple times of asking those questions w/no answers, so that they can see my evidence and be more educated about the bariatric centers practices as a whole. I’ve found other doctors to be different, several of which I recommend because of their knowledge, ability to access appropriate and valid resources when needed & ability to apply them, honesty, judgement, working with other doctors in collaboration, emotional control, non favoritism, clear and consistent directions, etc.

When an urgent care PCP and a specialist can figure out {{I am referring to complications of bariatric surgery}}, both from the patient and from medical research, indications of an issue, but the center cannot, then that is education for others as to fields of expertise, and allows greater knowledge for choices in where they might decide to spend their healthcare dollars.

Sent: Tuesday, April 08, 2014 10:35 AM
Subject: Re: Addition to records request status

I’ve stated it multiple times. Do you need a lawyer to answer?

You received the complaint, investigated it, but never sent out a written response. Why not? I have sent my phone records showing that on 4/17/13, I filed a complaint. By your records, you were investigating at that point and a dismissal (retaliation) letter was sent out during that time. I had an appt. in June with Bariatric Surgeon, which I possess a copy of. The only change was the complaint/HIPAA violation allegation. The records for months before the dismissal that state I was in compliance with the directions, and actually if the allegations of noncompliance were true, then Bariatric surgeon would have gotten rid of me when they were made. They did not.

I also note the dates/times of the phone calls from the office indicate this is correct.

Hospital paperwork is where it indicates non retaliation. Does retaliation work only for patients?

I note that of the items I suggested, bariatric surgeon still holds their title (I stated I was not asking for them to be punished), you hired another MD (doctor Y didn’t even have certification and was working at the bariatric center until they got it, it is a highly successful thing as I hear they’re booked months in advance, thanks to me), and Nurse Practioner is helping out with some of the other hospital/patient duties.

Do you have any physical non changeable evidence that disagrees with the above facts? Also, the answer should be shareable to any one and every one.

Thank you,

—–Original Message—–
Sent: Sunday, April 06, 2014 9:05 AM
Subject: Re: Addition to records request status

The second part of my question hasn’t been answered, as to why we are promised in writing (as I’ve proven before) that within X days an answer, and you never did that. Is the answer we get in writing a dismissal, therefore retaliating for making the complaint?

Thank you,

On 3/20/2014 8:46 AM, wrote:
Thank you. Since it is only 3 pages and doesn’t require anything but scanning in, why would it take so long to scan in? I can scan in a document in 5 min. or less.

I didn’t see the second part of my question answered. Is that because it would verify the retaliation for filing the HIPAA and like complaints, that go against Title II of the Federal Health Insurance Portability and Accountability Act (42 USC 1320d to 1329d-8, and Section 264 of Public Law 104191), and its accompanying Privacy Regulations, 45 CFR Parts 160 and 164, and hospitals Published Policy. Hospital X published paperwork does not say that retaliation for filing a complaint will not be tolerated. Has that policy changed? Retaliation will occur, then?

Thank you,

—–Original Message—–
Sent: Thursday, March 20, 2014 8:30 AM
Subject: Addition to records request status

Good morning,

I am inquiring about the status of the mail I sent on Monday, March 17, 2014. I am also inquiring about why the Privacy Office refuses to put in writing what is guarenteed to us by hospital in its published documents. I am requesting the timeline (that could be independantly verified) that was never given to me of when your office started investigating the HIPAA violation complaints and the other complaints regarding the bariatric center.

Thank you,

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