HIPAA Blog

[ Thursday, March 24, 2005 ]

 

Kaiser/Diva Update: the Alameda County judge has ordered the Diva to cease posting the PHI she took off the Kaiser website on her blog. She seems entirely clueless.

Jeff [10:02 AM]

Comments:
Hopefully I'm not that clueless. I did not have an attorney to help me in Court, and the Court did not receive my Opposition Papers. Since I wrote the Opposition Papers myself, I'm not sure I would have done much better with them, though. In any event, Kaiser's request for an Injunction was essentially unopposed, and I'm lucky the judge just confirmed what I'd already agreed to.

When I do find an attorney, the first thing I'm going to do is ask to challenge the Injunction on the basis that the Judge did not read my Opposition Papers. I'm not looking for permission to repost the System Diagrams: I just don't want Kaiser to be able to run around and say "See we're right! The Judge gave us our Injunction!"

As for the Systems Diagrams themselves, I believe I did the right thing. I believe the patients are better off knowing that their private information had been on the web since December 2002. My actions are only at issue because I worked so hard to get an investigation, and I didn't take apathy for an answer. The very fact Kaiser tried to pin the Systems Diagrams on me means they did not respond properly to the original HIPAA complaint. They needed to start by getting the what information they could from the web host Tripod and pinpointing where the System Diagrams had come from within their own organization. Instead, Kaiser responded to the OCR complaint by investigating the Whistleblower, and they didn't even acknowledge that the Systems Diagrams were on their Intranet at one point until the press started pointing out that I had filed the OCR complaint.

Sure I goaded Kaiser into responding to the System Diagrams, but surely that doesn't mean I deserve to be accused in the national press of stealing patient data and posting the Tripod site myself? Kaiser has continued to this despite the Internet Archive evidence and the fact I have witnesses to my original discovery. Kaiser has nothing to back up its initial Issues Management story, but instead of backing off from it, Kaiser just keeps trying to push it on the press as if repetition will make it true.

So my life just sucks until I find an attorney that's willing to take on a corporate juggernaut like Kaiser pro bono. That's not cluelessness - just poverty and lack of legal training on my part.
 
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