HIPAA Violation

[molady123]

This is for you ellencee

Everyone in the world is getting sarcastic. It's not just comedians and dxxks anymore. Years ago, sarcasm was reserved for people talking to people stupider than them. Now the stupids are fighting back(that would be you), you can't trust anything people say anymore. Not worth my time. Get help you need it!

 

[ellencee]

Years ago, sarcasm was reserved for people talking to people stupider than them. Now the stupids are fighting back

"stupider than them"...I'm putting that in my keepsake box along with the posts from a wife who published (on the world wide web) that her husband couldn't find his penis...

Get help you need it!

Darn straight I do...somebody's gotta help me hold my sides!!

EC

 

[ablessin]

Wow - - - this is to the OP.......

I am so sorry for your troubles! Ellencee is beating you up. I personally have never served in the military under any branch - -I considered it, but I bowed out - -my ex husband was in, and sometimes that was hard enough for me to handle.

Anyways, my grandfather served in the Korean war - - he was POW, and upon his eventual return home, had numerous problems also. Unfortunately, the event turned him into an alcholic, and he passed about 7 years ago now. Might be 8 actually this month. It seems like forever ago.

Anyways, HIPAA - -yes the VA should in some way be reprimanded for the pain they have inflicted on you..... there is such a fine line for group therapy! Discussing personal IDENTIFIABLE issues is wrong per HIPAAA, which sounds like your case. Even IF the group moderator didn't use your NAME, sounds like she still used info in which other group members knew damn well WHO was being spoken of. And that is a clear HIPAA violation.

I don't know if you're going to receive monetary compensation, but at the very least you can probably rest assured that fingers will slapped and hopefully someone will be un-empolyed as a result. With HIPAA, there can be fines and jail time, so hopefully the group "leader" will get one - or both - penalties.
Once that happens, he/she will probably have a very tough time getting potential future patients to trust them.

Good luck to you

 

[bigsby]

Ellencee's post was probably painful to read, but rejecting her post outright would be unwise. Many healthcare providers would not have been upfront with you. The appearence of kindness can be misleading.

I'm sure you have a tough struggle ahead - keep fighting.

 

[rasbury]

ec--Are you a natural jerk, or do you have to work at it?

Bravo ellencee. You may not have volunteered your service to our great country to uphold our way of life, including freedom of speech, which you so eloquently use and/or misuse, but. . . you do unselfishly volunteer your time and grandiose legal opinions to the little people in this forum. Such a comparable and admirable attribute, I must say. It's not the least bit difficult to see why you have so much free time to volunteer here. <copy~paste~copy~paste>
You go girl. Nice job. Keep up the good work. <tone dripping with sarcasm>

BTW, you really got him/her good on the 'stupider' remark too, didn't you? And he or she is only a veteran who deserves your utmost respect. I'll bet you've never mis-spoken in your life. Wow!--impress me once again. <bowing and singing praises to ellencee> -- not.
Low blow, IMO. Shame on your need to belittle others you consider more stupid than you think you are.

To the Original Poster and Molady123--I am rasbury's husband, a Viet Nam, highly decorated, Marine veteran, and I totally sympathize with you both. I went thru years of intense therapy following my service. When I came home, I had many issues to deal with. I know if my private thoughts, which I shared only with physicians who were supposed to be looking out for my best interests, had been divulged in detail, mistakenly or not, to any forum or person, that physician would be sorry one way or another. There was a time in my life when they would have had to worry more about continuing to breathe rather than being sued had they betrayed my confidence, or shared my medical records, with anyone. Your physicians and medical facilities need to be sued for their incompetence and total disregard of your privacy. Don't get discouraged in your endeavor. Time has a way of easing the pain. May God bless and keep you.

To ellencee--Some of what you say may be true, however, most seems to be nothing but a degradation. I do not consider answering forum posts in the manner you do a service to anyone but yourself. Please consider constructive ways to help others, as opposed to destructive, if you want to take part in a public service. God bless and keep you too.

 

[molady123]

Thanks for the support and understanding from everyone , especially fellow vets. Rasbury husband: I am glad to have read your post. I have intense therapy every week and some time more. It is nice to know that you understand my pain with the VA violation. I struggle everyday to deal with this violation. I just feel very exposed and violated.Not only for me but my friends and others who lost thier lives and I described in treatment were also in my record. Things you would never share with their families.I hate the info is out there. I struggle to talk with my therapist now, because the trust is gone for me right now. I feel dead inside. I want to be with my guys in heaven. I really just want peace and to be able to sleep with out nightmares and live a normal life. I feel I have been knocked down and can't get up. You have made me feel better taking a stand for me and fustrated vet. Thanks for understanding and taking the time to respond and support us. You seem to have made progress with your treatment, so I know their is hope. Not a day goes by that I don't remember events. Time does help, but support and trust from others is priceless. Thank You!!!!

 

[frustrated vet]

My Case of too much PHI told to a grp by a therapist

To the original poster:

What state are you in? Perhaps I can help you do some of the research to assist you in your fight.

I have been unable to get an attorney to take this case because they are unable to put a monetary damage on my award. One law firm will take the case pending the outcome of the federal investigation. The federal investigation is being done by the Office of Civil Rights, Department of Health and Human Services. The investigator assigned to the case is Rebecca Pinick.

The state investigation is ongoing. I spoke with the state investigator today. I did my homework. I went to the state website to see what kind of a violation happened at the hands of an employee (my individual therapist) of the Vet Center (part of the VA network). She is at the very least guilty of a "C" misdemeanor for violating my PHI (personal health information as defined by HIPPA) and the sanctity of the client -therapist relationship. The relationship is the same of that of an attorney - client relationship. I reminded the investigator of that.

I am going forward with the lawsuit on my own or with the aid of the ACLU. If I have to file the suit myself I will; we have an excellent law library in Wichita, KS. My letter will be going out to the ACLU for this area tomorrow. Another 30 day wait to see if they will take the case. What is another 30 days when it has been nearly a year since the incident occured.

The violation done to me in the group setting at the Wichita, KS Vet Center was the worse form of abuse I could ever imagine. They hold the hands of some very physically and medically ill people in their hands. Not only was my individual therapist involved in the incident but the team leader was present at the time and allowed the abuse to become evasive within the group setting. (The team leader must have known she was in the wrong because she requested that the group clients write statements in support of her in case it became a legal matter between her and I.) The state investigator is questioning the veracity of these witness "statements" at this time. By the way the team leader has been removed from her position at the Vet center; I do not know if she was fired from her job though. (I am all omnipotent I single-handedly destroyed the Vet Center now that she is gone. I maintain she did that all on her own.)

I lost much as a result of this abuse. I lost a Women's Issues Group that I had attended for over 6 years. I believed that most in the group were my friends ( I was terribly mistaken in this notion of friendship )...although I have remained friends with 2 of the women. I have been unable to get a consistent and thorough course of therapy through the VA in Wichita. I have even been unable to trust any therapist as of this writing for sometime. I attended one therapy session at a center near my home but have been unable to feel comfortable enough to return there. I hope to be able to do return one day soon.

I shake at the mere thought of going to the VA at all. Many times I am well medicated so I do not suffer any more anxiety attacks. Since I am 100% total and permanently disabled now I do get my dental care and eye care at the VA. I never go there alone.

I have had to move my medical treatment to a civilian doctor. He has been our family doctor for several years now. He has treated many veterans in his practice. Nearly all of them have suffered some sort of mistreatment at the hands of the VA staff in Wichita. I am no exception to the rule.

If you decide to file federal and state charges in your state beware you will become a pariah. Ensure you have a good support system in place. You will need them. Please scream as loud as you can from the nearest roof tops. This abuse can no longer be tolerated. If one person is successful in their pursuit of their rights, it will go a long way to helping all others to bring their actions to a successful end.

Good luck with your fight. I will try to update with more information as this case is still evolving.

frustrated vet