Did Scientology just break HIPAA rules?

[Researchfag]

When Scientology breaks the law frequently over little things like "felonies", they tend to get away with it because they're usually contained quickly or they manage to pay their way when need be.

However, mailing personal medical details to just about everyone in Clearwater is a hard thing to contain.

From WWP:

Criminal Penalties. A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment. The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm. The Department of Justice is responsible for criminal prosecutions under the Privacy Rule.

From Freedumb mag:

Yikes! Thoughts on this one?

 

[Dulloldfart]

Yikes! Thoughts on this one?

Heh! Good catch. Sure looks like it would fall under the malicious harm label to me.

All Hands Damage Control!!!

Paul

 

[Doom]

well I dont know the laws in the US but here in Ozzie that could get you in some real trouble, and the EPA might sue for wasting all that paper for the freedumb mag

 

[degraded being]

Yes. Your right. They can be done over well and truly for that.

 

[3rdman]

http://forums.whyweprotest.net/312-st-petersburg-times-expose/freedumb-mag-hipaa-breach-50495/

There is a live thread on this on WWP. This is friggn' gold. Any Ex-Scis who have been a victim of this violation, please consider filing a complaint.

 

[Terril park]

This also says something about the standard of health care in the SO,
And Marty was one of the top brass!

 

[Axiom142]

Well spotted everyone involved in this!

In their efforts to “annihilate” their critics, the CoS propagandists have committed another ND (negligent discharge) violation inadvertently directed towards their pedal region.

They might claim that they have obscured the identity of their ‘victim’ by referring to him as ‘Kingpin’ but it is very clear who they are talking about and anyone who knows anything about this situation would have no difficulty in identifying who they are referring to.

Let’s hope he makes a formal complaint and they get hit with the full force of the law.

Axiom142

 

[3rdman]

Well spotted everyone involved in this!

Let’s hope he makes a formal complaint and they get hit with the full force of the law.

Axiom142

By he, are you referring to Marty? Wouldn't it be more effective if other Ex-Sci's as well as Marty do this? Marty would be a strong proponent to confirm the violations, indeed. The more #s, the more profound the effect.

Remember Scifag-tendency to abuse the legal system and smash single cases into oblivion through litigation. It would be harder for whoever enforces HIPAA to suddenly look the other way in the face of the usual lawsuit attack Corporate Scientology uses if hundreds of complaints were filed, IMO.

 

[TheSneakster]

..

 

[Div6]

I don't want to rain on this parade, but check the HIPAA faq here:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.html

"Employment Records

The Privacy Rule does not protect your employment records, even if the information in those records is health-related. Generally, the Privacy Rule also does not apply to the actions of an employer, including the actions of a manager in your workplace."

I am sure they had their lawyers vet this issue before it was released.

 

[Axiom142]

I don't want to rain on this parade, but check the HIPAA faq here:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.html

"Employment Records

The Privacy Rule does not protect your employment records, even if the information in those records is health-related. Generally, the Privacy Rule also does not apply to the actions of an employer, including the actions of a manager in your workplace."

I am sure they had their lawyers vet this issue before it was released.

This exemption does not apply here as the ‘Freedumb’ article (shown in the OP of this thread) clearly refers to medical treatment that ‘Kingpin’ received after he left the employment of the CoS.

Axiom142

 

[Axiom142]

By he, are you referring to Marty? Wouldn't it be more effective if other Ex-Sci's as well as Marty do this? Marty would be a strong proponent to confirm the violations, indeed. The more #s, the more profound the effect.

Remember Scifag-tendency to abuse the legal system and smash single cases into oblivion through litigation. It would be harder for whoever enforces HIPAA to suddenly look the other way in the face of the usual lawsuit attack Corporate Scientology uses if hundreds of complaints were filed, IMO.

As Sneaks has pointer out, only one person appears to have had their privacy violated in this way in the article, so this person needs to make a complaint.

Of course, if others have had their privacy violated, then they should also make complaints.

Axiom142

 

[Div6]

This exemption does not apply here as the ‘Freedumb’ article (shown in the OP of this thread) clearly refers to medical treatment that ‘Kingpin’ received after he left the employment of the CoS.

Axiom142

Huh? A sabbatical is not a termination of employment. Where are you getting that from?

 

[3rdman]

As Sneaks has pointer out, only one person appears to have had their privacy violated in this way in the article, so this person needs to make a complaint.

Of course, if others have had their privacy violated, then they should also make complaints.

Axiom142

Correction taken. I fail to lurk more.

 

[Cherished]

FAQ's are very lean authority and should be taken as only the most general guidance.

Your average employer is not caught by HIPAA just because it is the employer.

However, if the employer provides a health plan, then the health plan is caught, and the employer/it's employees involved in the billing process may be caught.

See the wwp thread for a more thorough discussion of this point.

 

[Researchfag]

My impression of the employer exemption is that it refers to things such as sick notes from the doctor. An employer has a right to pry just a little bit for their own records, since they need a valid financial reason for spending thousands on one guy who isn't working.

Publishing the material and sending it to thousands is another thing entirely.

 

[Truth&Honesty]

Since "malicious intent" on the part of the employer was definitely present in the Freedumb magazine, and it can probably be proven that the dwarf reviewed and edited the final revisions......I'm sure that the cult and its mighty midget will have to pay big-time for their big boo-boo. See Davy.....guess you shouldn't of dropped out of high school..... no WOG executive would have made that mistake!!!

But that's the least of their worries......you see they mailed that magazine not just locally, but to several other states as well....and possibly overseas. Why is that an issue? When you use the US postal mail across state lines, IT BECOMES A FEDERAL OFFENSE, and opens up a whole new Pandora's box of possible federal criminal complaints. Whoooohoooooo!!!

By the way, Marty's been looking into this and he indicated that "the state criminal penalties are even greater!!!!"

T&H