Freedumb Mag in HIPAA breach?

Re: Freedumb Mag in HIPAA breach?

http://www.cms.hhs.gov/HIPAAGenInfo/Downloads/CoveredEntitycharts.pdf

This might help.

Re: Freedumb Mag in HIPAA breach?

So pretty much based on all their charts that means no HIPPA does not apply?

Could be reading it wrong.

Re: Freedumb Mag in HIPAA breach?

Based on those charts, the question would be if they used computers or not - and I think they do.

Re: Freedumb Mag in HIPAA breach?

Pending issue is whether Scilons obtained this medical information from his private medical records, or whether it was freely available information in the first instance.

Re: Freedumb Mag in HIPAA breach?

I apologize if these points were not previously covered, as I dont have a lot of time to read the whole thread atm.

Anyone can report a HIPAA violation, anonymously, via a link that someone posted a few pages back.

I have been working for some time on a database of scientology doctors who have strange HIPAA language on their form. This language effectively allowed the doctor to report any and all health information about the patient to any 3rd party they chose to. This language is a violation of federal law, btw.

If he saw CoS docs, and he signed one of these forms, they could have easilly passed the entire medical folder over to DM himself should they chose. Unless you are familiar with HIPAA, this wording is easy to brush off as legal.

Unfortunatly, all of my data is gone due to hard drive death. The cds i saved the data to have gone missing, and I suspect now are housing my friends trance and electronica collection *rubs her temples* The docs were reported to the feds, but alas thats all I have atm.

If anyone is in contact with Marty, please ask him to look for any HIPAA disclaimers he might have retained a copy of. These forms are also available upon request from his doctors file. Any strange or suspicious wording should be IMMEDIATLY reported to the feds.

Re: Freedumb Mag in HIPAA breach?

All you people that are SOOOOOO fucking sure that HIPAA applies to Miscavige. Please show me one reference where a non medical provider or a group that doesn't do billing or medical records was ever held accountable under HIPAA. Please cite any references (besides CVS) that had more then voluntary reform of their procedures as punishment.

RTC, DM, even FLAG are not medical providers nor handle medical records (maybe). The people in trouble here would be whatever group handles SO medical bills. Is that a subdivision of SeaOrg? Is it a private 3rd party TPA?

Flag might be in trouble as a conspirator or partner to a HIPAA violation. I doubt DOJ would ever touch it because they only care about blanket abuses by HEALTH CARE PROVIDERS. They typically do not go after the individuals who steal records.

The AG might be interested because it is pretty shocking and disgusting to see from FLAG to be doing this.

Re: Freedumb Mag in HIPAA breach?

they provide medical for sea org.

Re: Freedumb Mag in HIPAA breach?

You exclude the very categories that the CoS falls into. Then you point out that that is the category of entities which would be liable. mmm

Re: Freedumb Mag in HIPAA breach?

<tinfoil>

what if this was planned?

given that anonymous has people inside the cult, i think it's a fair bet marty "#2" rathbun maintains a few loyal supporters who are still in. one of these supporters could have casually slipped this detail in. given how overworked they've been thanks to us, there's a good chance that might get overlooked by legal. hell, we all know how many fucking grammatical errors they let slide.

so marty now is in a position to be rewarded massive damages from the cult. but marty, not wanting to be a dick, decides to dump all that money right back into the cult and ascend on the back of david miscavige.

sleep tight, davey. i'm sure all those people you beat on a regular occasion will rush in to defend you.

come to think of it, between us and rathbun, who do you suppose still supports you?

</tinfoil>

Re: Freedumb Mag in HIPAA breach?

1. Not all of us are SOOOOOO sure the cult and David Miscavige fucked with HIPAA, but we'll all hoping like hell that they will. We're brainstorming right now.

2. It's hard to find "references" where an organization does something as fucking stupid as this cult. They're in a league of their own.

3. This cult controls everything behind their closed doors. It's no deep dark secret that they control when their Sea Org members go to the doctor and since SO members don't have a fucking pot to piss in? You can also bet that if this cult has to pay for medical procedures for someone that they keep the damned bill. They'll need that bill in the future for blackmail and/or for a freeloader debt if that person tries to leave and/ or to humiliate them in print.

4. Perhaps DOJ will make an exception since this is such a wide spread abuse of privacy. No one knows if they will make an exception or not. We can only hope.

5. "The AG might be interested because it is pretty shocking and disgusting to see from FLAG to be doing this." LOL! FLAG pretty much has "shocking and disgusting" behavior dicked. I'd even say that they're Top Experts in the shocking and disgusting category.

The end of this cult cannot come fast enough.

Re: Freedumb Mag in HIPAA breach?

The current scientology web page says that Sea Org members are scientology employees who are provided medical care by "the Church".

Official Church of Scientology Online Videos-What is Scientology, Scientologist Beliefs, Spiritual Healing with Dianetics

/ edit

Whoops, Puffadder beat me to the link earlier, I get the slowpoke award...

Re: Freedumb Mag in HIPAA breach?

Well, no one has ever been prosecuted for a HIPPAA violation.

And yes, this is a big fat hairy breach of HIPPAA. If anything deserves to be a test prosecution, this does.

Re: Freedumb Mag in HIPAA breach?

Which is why I mentioned CoS doctors and their fraudulent HIPAA forms who's wording lets them tell anyone they care to about the patients medical history. I'll never forget the dentist with the HIPAA form that let him collect full psychiatric records of his patients, with language on his HIPAA form that let him tell anyone he cared to about the contents of that file.

If the information came from his family members or other people he might have told, it's not a HIPAA issue.

If he spilled his guts about his various problems during an auditing session, and that is what is being released, then it is not a HIPAA issue.

If his doctors were scientologists and were the source of the information, and they had this loophole in their HIPAA discolsures that allowed them to go squealing to DM or OSA or whoever, that IS a HIPAA issue.

As another example, if the medical bills were paid for by his employer, and records were requested to pay those bills, then it is a HIPAA issue, as a release would have been issued in the employers name.

Re: Freedumb Mag in HIPAA breach?

The inside mast of every other issue contains a detailed list of authors/editors/responsible parties, beginning with Pat Harney.

Re: Freedumb Mag in HIPAA breach?

Not available in my country due to copyright restrictions....

/r/ an upload on rutube puhleazze

Re: Freedumb Mag in HIPAA breach?

Funny I don't recall seeing that inside this issue. I'll have to check again though.

Re: Freedumb Mag in HIPAA breach?

The only sure way to know if there was a HIPPA violation is if a complaint is made and DoJ actually investigates (and hopefully finds something worth prosecuting).

My $0.02.

BigBeard

Re: Freedumb Mag in HIPAA breach?

http://www.law.uh.edu/Healthlaw/perspectives/2007/%28DM%29HIPAACrimCharges.pdf

HIPAA Criminal Prosecutions: Few and Far Between
Doreen Z. McQuarrie, J.D., L.L.M. candidate
(2/07)

Excerpt:

Re: Freedumb Mag in HIPAA breach?

"knowingly and in violation of this part"

Clarification: You have to prove that:

1. the person KNOWINGLY dealt with the information (in the ways listed in the statute) - ie. it wasn't an accidental disclosure; and
2. the way they dealt with the information breached the statute.

The "knowingly" requirement does not mean that they knew they were breaching the statute (or that it was illegal) to deal with the information in the way they did.
ie. the "and" has meaning.

The DOJ also interprets the statute that way (which is no surprise, as it is a common kind of wording in offence provisions). Scope Of Criminal Enforcement Under 42 U.S.C. § 1320d-6

Re: Freedumb Mag in HIPAA breach?

I think before anyone starts considering filing complaints or the possible punishments, whether or not a violation even took place should be ascertained.

Re: Freedumb Mag in HIPAA breach?

That would take a judge, thus the reason to file a complaint.

I think the argument is there to file a complaint.

Re: Freedumb Mag in HIPAA breach?

Absolutely right. Rathbun is the one to do it.

Re: Freedumb Mag in HIPAA breach?

I'm talking about finding out whether or not there's any point to trying.

Re: Freedumb Mag in HIPAA breach?

Herro, the case is good enough for the investigators to conduct an investigation, put together a brief and seek legal advice from the DOJ on the issue whether Marty had a "health plan" for the purposes of the HIPAA legislation and if so, whether anyone is caught under the usual principles of corporate liability. You do not have to be able to dot every i and cross every t before making a complaint or conducting an investigation. Whether or not there was a health plan depends upon the facts of the case, which requires investigation.

Re: Freedumb Mag in HIPAA breach?

Unless they felt they needed to pay under the obligations incumbent in a health plan why else would the Cos have forked over 85 G's (their own admitted costs)?

Re: Freedumb Mag in HIPAA breach?

point taken.

Re: Freedumb Mag in HIPAA breach?

I've come to learn that about you. :/

I'm telling you there is substantial reason to try.

A proper approach will need to be made that makes the case, the cult will certainly say different. From what I've read and what I know of the cult, this is most likely a blatant violation.

Re: Freedumb Mag in HIPAA breach?

IIRC, they're either self-administered or self-coverage. If they're self-administered, although they'de have an insurance underwriter, they're essentially part of "the insurance company" in that they provision covereage and perform administrative work. If they're self-coverage, then they are the underwriter too.

Either way, they handle PII and are therefore bound to HIPPA regulations.

Also, if they're sec-checking while they're in the role of provisioning coverage, they could be violating many laws regulating the Health Insurance Industry in general. Especially if they use the e-meter. Hooking people up to lie detectors and them grilling them for potentially hours on end about pre-existing conditions might bend a few of those rules harshly.

edit: I've had recent training on HIPPA

Re: Freedumb Mag in HIPAA breach?

And that's the beauty of filing complaints: The experts will figure out that part.

Re: Freedumb Mag in HIPAA breach?

Scilon feet and bullets should be very close friends by now .

Re: Freedumb Mag in HIPAA breach?

Redardless of the actual procedures mentioned.. that could be third hand, or ex-wife, or scientology paperwork,... The real issue is the $85,000 mentioned. That requires either totally made up number, or breach of HIPAA. Period. So the question then is who provided this to Flag / Freedumb Mag. And is Rathbun is going to file a complaint.

Protip: Rathbun is a cultie and will never bring the cult into a courtroom. So /thread unless the magazine ends up in the hands of the AG office which might investigate blatant violations of privacy and HIPAA and community decency.

Re: Freedumb Mag in HIPAA breach?

If he sees DM as the who, then he would be using the tech to use the legal system to utterly destroy the SP to ksw.

EyeOnSci

Re: Freedumb Mag in HIPAA breach?

I think you've severely misunderstood Rathbun's current relationship with the Religious Technology Center, Inc. and the Church of Scientology International, Inc.

Re: Freedumb Mag in HIPAA breach?

Hope I can put speculation to rest. Monday I emailed the government agency in charge of this. I just got a reply (confidential so cannot post the body here) that it merits filing a complaint. What the courts decide is not relevant at this point; but he needs to file a complaint according to the responder from the federal govt.

Re: Freedumb Mag in HIPAA breach?

C'mon, Kingpin. Do it, faggot.

Re: Freedumb Mag in HIPAA breach?

noice

Re: Freedumb Mag in HIPAA breach?

You are a doer, not a talker. We need more like you.

Re: Freedumb Mag in HIPAA breach?

Good job!!!

<3

Re: Freedumb Mag in HIPAA breach?

Oh (s)he's a talker alright, but talks to the right people rather than just chit-chatting amongst ourselves.

Re: Freedumb Mag in HIPAA breach?

I hope to hell he files this bitch.