Freedumb Mag in HIPAA breach?

Freedumb Mag in HIPAA breach?

The Mag details medical treatments that Marty Rathbun underwent during the 9 months he was in FL.

Just got sent this:

Please discuss.

Re: Freedumb Mag in HIPAA breach?

We'll need Graham and/or Barry to vet this

Re: Freedumb Mag in HIPAA breach?

OMG could we possibly see DM going to prison? EPIC!

Re: Freedumb Mag in HIPAA breach?

Also: what page number should I be looking at?

Re: Freedumb Mag in HIPAA breach?

Well it depends I think if this was just what Rathbun told other people he was getting medical crap done for...

Or IF the cult was paying his medical bills or he was going to a cult doctor, it seems like the organization shouldn't be putting these details in a magazine mailed out to an entire city in Florida.

Of course Rathbun probably wouldn't file a complaint, but I'm not sure if that is necessary if it was brought to the attention of ??? Justice Dept? FL AG? Certainly this is an area the state AG would look into.

Re: Freedumb Mag in HIPAA breach?

Mentioned in the tl'dr thread. p. 58 in the middle right.

Re: Freedumb Mag in HIPAA breach?

WTF are you talking about? What does DM have to do with a magazine or what was written. Not only will there always be a fall guy, what does DM have to do with medical details? It would be some execs in Clearwater.. possibly the publishers (corporate veiling)

Re: Freedumb Mag in HIPAA breach?

The rules for this type of violation have changed as of 2/2009.

This is per incident ^ Max fine $1.5 million per year, per individual (since this was multipersons including DM it goes higher)

Yeah, the cult is screwed here.

Re: Freedumb Mag in HIPAA breach?

View attachment 30tkx2b.jpg

Re: Freedumb Mag in HIPAA breach?

It sounded v. much as if the wife was acting not as wife but as cult employee at the time of her interactions with him about keeping him happy. Can't quite recall where I got that now. Oh, yeah, I think it was the previous SPT articles!

Re: Freedumb Mag in HIPAA breach?

Misread the OP. but hey that'd be great if DM was somehow linked to it. I think the idea of seeing DM being handcuffed excited me too much

Re: Freedumb Mag in HIPAA breach?

3rd part payer, disclosing Dx, Tx, Rx - cha-ching!.

Re: Freedumb Mag in HIPAA breach?

The question is simple.

Did DM have the final say on the final edition of the Freedom Mag?

The wife didn't PUBLISH 10k copies, the cult did.

Re: Freedumb Mag in HIPAA breach?

I wonder if DM approved of sending this out? If so, couldn't he possibly be fined?

If he did, then I think he would be able to get fined. This is one thing Lawyer Cat would NOT object to

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I spent 5 years working in a Drs. Office... but not sure if the HIPAA rules changed since then... but Jesus Christ.. thats a serious violaion. lol.

Have Fun with this Cult...

Re: Freedumb Mag in HIPAA breach?

*violation

Re: Freedumb Mag in HIPAA breach?

The Cult is pretty much fucked, lol

Re: Freedumb Mag in HIPAA breach?

Thanks to the vigilance of us Anons

Re: Freedumb Mag in HIPAA breach?

He can be jailed for 10 years.

HIPAA -- How to file a complaint

Re: Freedumb Mag in HIPAA breach?

oh happy fuckin DAY! *DANCES*

wait I better not. might jinx it >.<

Re: Freedumb Mag in HIPAA breach?

Seems pretty clear that what Harney didn't write, Davey did, or at least closely supervised.

Re: Freedumb Mag in HIPAA breach?

"Celebratory lunch"? It's called a fucking second interview, you fuckwits. God this piece of shit annoys me.

Re: Freedumb Mag in HIPAA breach?

Some insight into the matter.

http://www.usdoj.gov/usao/are/news_..._Releases/April/SmithLPNplea HIPAA 041508.pdf

Yeah, DM is stuck with this.

Re: Freedumb Mag in HIPAA breach?

its been mailed out to multiple cities and multiple counties in the tampa bay area but the coverage has been spotty so far

Re: Freedumb Mag in HIPAA breach?

I'm not certain how this means DM is stuck with this. Clarify please? I think I know but I'm not sure.

Re: Freedumb Mag in HIPAA breach?

I think you are right, I don't know where Freedumb got the info, but I don't think it is officially the CoS that publishes it. I think OFFICIALLY it is published by a group of volunteers that want to promote .... something or another I don't recall.

And that could mean that the CoS some how gave the info to an outside source, AND the outside source published it.

But this isn't our fight it the fight of that "KINGPIN" asshole.

Re: Freedumb Mag in HIPAA breach?

I dunno. I thought the DOJ opinion last written would rule this out. Don't think new DOJ has changed tack on this.

ie. the only one who could get into trouble would be the Scilon "insurance" company.. ie. the officers or employees who handle billing for medical purposes. Or the doctors if they were connected to the cult.

LOL.. what if there are no medical records cause the cult does shit like that.


Also of note regarding 42 USC § 1320d-5:

Re: Freedumb Mag in HIPAA breach?

Being top-dog does not entitle DM to know the identity of the individual/patient. DM may have the power to authorize payments but he only needs to know the conditions of the situation. Only the person(s) who handles the account directly can be informed the identity of the individual.


In other words.... They can discuss his case in depth for the purpose of payment, but the IDENTIFIABLE INFORMATION is on a need to know basis. DM is not the person who handles bills payable.

With that said^ Once DM does have knowledge of the individual identity, he is held to the HIPAA rules of further disclosure. He is the final boss.

It is a compounded violation of very clear HIPAA rules.

Re: Freedumb Mag in HIPAA breach?

I thought the SeaOrg provided medical.....at least thats what they claim.

Re: Freedumb Mag in HIPAA breach?

Legal stuff aside, my first thought on Reading that article is "Wow! It is amazing just how much that cult fucked him up".

Re: Freedumb Mag in HIPAA breach?

Before you get too excited.. from the AMA FAQ:

I think CVS was one of the first to see legal problems for having personal prescription info in the trash.

Re: Freedumb Mag in HIPAA breach?

most physicians, sure, but what about cult physicians? The tech says to get your back up the second a government official comes knocking at the door.

Re: Freedumb Mag in HIPAA breach?

Talked with our compliance officer,(she knows about me and this), she said unless the patient and or a family member complains, it just will not happen. If the patient does not complain the Feds do not see "harm done".
Oh yea, she's pretty sure it's a HIPAA violation, but you have a maze of who gave the writter of the newsletter the info, and in the past has patient signed a release of info for the cult?

Re: Freedumb Mag in HIPAA breach?

isn't that basically what they did after the whole McPherson debacle? My question would be did they make all present members of that time sign it when it first came into action and what is the actual wording of the agreement?

Re: Freedumb Mag in HIPAA breach?

Just when I thought the cult couldn't dig themselves any deeper of a hole from this, I see this thread.

I fucking love you, Anon.

Re: Freedumb Mag in HIPAA breach?

Possible arguments the cult might have:

• It's a religious practice, feds are religious bigots, etc. (almost certain they'll try this, might cost them tax exempt status, footbullet)
• They aren't real doctors, so it doesn't count (footbullet, practicing without a license)
• Niacin, vitamins, et. al. weren't really perscribed, just given (footbullet, practicing without a license)

Yeah, they're fucked.

Re: Freedumb Mag in HIPAA breach?

As much as I hated to do it, I sent this thread to Rathbun. He needs to know about this and he needs to file a complaint and he needs to do it soon.

It's not so much that "the enemy of my enemy is my friend", but "the enemy of my enemy happens to be David Miscavige so w/e".

Re: Freedumb Mag in HIPAA breach?

A ROI (release of information) is only good for a period of 365 days max (where a new one must be signed). It requires the: who, what, and for what purpose. - very specific and narrow in scope of information.

The was the 3rd party payer (per their own report), as well as the author.

Re: Freedumb Mag in HIPAA breach?

perhaps now It's a matter of exposure? I think it's now up to the clearwater anons to get the word out, especially to the sp times, so that someone in a position to do something about it can get to doing.

Re: Freedumb Mag in HIPAA breach?

If the medical information came from the ex-wife, friends, or KINGPIN himself (from reports.. maybe auditing, but religious confessionals is a whole 'nother ball o wax)... then it isn't HIPAA issue.

It might be as simple as just gossip like the previous paragraph where they say he was driving down the highway with Jose Cuervo at his side.

I think the better focus is to get national media calling up the spokespersons and saying, "is it normal practice in your church to respond to outlandish accusations by ex-members by releasing personal medical information, personal financial information, and sexual histories from decades in the past?"

Aside from ex-wives, where else are you getting this personal information?