Has anyone talked about the fact that Trump's thugs rifled through OTHER PEOPLE'S RECORDS

[pnwmom]

Last edited Tue May 1, 2018, 04:44 PM - Edit history (1)

in order to get to DT's? His were stored under multiple names, and the thugs took "anything they could find" -- in the 25 or 30 minutes they spent there, "creating a lot of chaos."

Why would it take 25 minutes to extract a DT and a Barron file (or whatever) from alphabetized files?

And what about the doctor's computers? Was he forced to give them his password, too? Did they erase files on his computer?


Here's a NY case where a company was fined $100K for allowing patient records to be unsecured -- which is what Bornstein did when he gave access to the thugs.

https://www.nyhealthlawblog.com/hipaa-and-privacy/

Filefax, Inc. (“Filefax”), an Illinois company that intimately handled sensitive Personal Health Information (“PHI”), paid $100,000 to the Department of Health and Human Services (“HHS”) to settle potential violations of the Health Insurance Portability and Accountability Act (“HIPAA”). The payment stemmed from, when still in business, Filefax allegedly improperly disclosing the PHI of approximately 2,150 people when not properly securing such information in an unlocked truck on Filefax property, as well as granting access to PHI to people who should not have been granted access. Pursuant to the Resolution Agreement, the court appointed receiver for Filefax did not admit liability on behalf of Filefax but, however, did agree to enter into a Corrective Action Plan to help mitigate potential exposure.

[blondebanshee]

1. My thoughts exactly! HIPAA????

[democratisphere]

2. I think something will come of this; it just ain't right!

drumpf believes he is an authoritarian dictator and can do whatever he damn well pleases.

[janterry]

3. He should have called the police at the time

n/t

[BigmanPigman]

20. I saw my doctor today and told him about this and I asked him

if this was illegal and he said defiantly! They should press charges unless there is a statute of limitations which I doubt.

[rzemanfl]

4. Good point. Also, why would a doctor keep records under a fake name?

"Barron, John, Penis Pump?"
"Dennisson, David, Gonorrhea?"

[GusBob]

9. When he sent out blood for testing, for example

the tests results are under a pseudonym so some lab guy doesn't know the person is famous

[rzemanfl]

11. Then they file it in a file under the fake name? That seems counter-intuitive.

Then again, look at the doctor....

[pnwmom]

12. If they had files for controlled drugs, and the person asked them to use a fake name,

and they were Harold Bornstein, then maybe they would.

[rzemanfl]

13. I was resplying to the blood tests/famous response, but yes, with that doctor

who knows? The country is insane and we're locked in it with the crazies.

[dameatball]

5. It is a HIPAA violation to access or photograph an area where patient records/charts are visible....

..........let alone take them with you. I had a contractor that wanted to take photos for a remodel job and I had to make him take his camera back to his vehicle. Also, I mentioned in another thread that HIPAA violations do not have a statute of limitations. Someone who was....say......"out of office" could still be charged at a later date if it was proved they ordered the actions that created violations

[pnwmom]

6. Are there criminal penalties or just civil?

[dameatball]

8. I am not a lawyer, but here is my opinion:

Legal penalties might not apply if the people taking the records used appropriate and well documented written permission. It does not sound like the doctor whose office was raided saw anything like that.... at least it is not mentioned. If there was no approved documentation than this is at least criminal trespass.

Civil.....definitely. That could be brought by any other patients (or family members, guardians, etc) who could show that they ( or anyone they were responsible for) had records that were compromised. Intent to view them is not necessary so that would probably also screw the doctor for not having them secured and allowing them to be seen.

Again, not an attorney, just worked in that medical/pyschiatric field for a while. But I have never been in any facility where what is being described is anywhere near "standard operating procedure." It just is not done.

[NCTraveler]

7. That was one of my thought, just a little more targeted.

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=10564261

[world wide wally]

10. Americans have never seen this degree of corruption.

And all we can do is watch it happen?
I have no idea what could be in those records, so I will guess he is trying to hide treatments for STDs.

[rzemanfl]

14. I will add the records contain a list of the women he exposed to them so

Cohen could pay them off. Care to raise me?

[Raven123]

15. None of this makes sense

The records are the property of the physician. He can share them as required to facilitate medical care. He has to give copies to patients who request them.

A physician who would let someone take records without calling the police has an ethical and legal problem.

Hope the state license board is paying attention

[Ilsa]

16. Bullies. Protections like HIPAA only apply to them,

not the other patients. I hope some of Bornstien's other patients sue the goons and trump, who was upset over propecia.

[DeminPennswoods]

17. Josh Marshall has a blog post up about it

nt

[pnwmom]

21. Thanks!

[mulsh]

18. I sincerely hope AG Schneirderman, the NYC DA and NY Med board are on this issue. Laws and rules

have been broke. It's too late to call the cops but not too late to escallate it to the city and state DA level. I'd be looking into civil litigation too if I were this doctor.

Technically the Dr. was robbed. Technically loser don the con's scummy ex-cop muscle is a robber and criminal.

[BigmanPigman]

19. I just heard that the moron dictated the doctor's letter about his overall health.

[HipChick]

22. His other patients should sue..