[ Thursday, March 17, 2005 ]
Update on the Kaiser Kase:
The Diva of Disgruntled has been identified as Elisa D. Cooper of Berkeley, and Kaiser sued her
in Alameda County, seeking a restraining order. The hearing was yesterday morning, apparently, and the judge did not issue the restraining order, but set a hearing date next week. She apparently agreed ("voluntarily") to not repost the information until the hearing date.
Obviously, as you might expect, the Diva has a different take on the case: everyone should be mad at Kaiser, not me
. As I said, if Kaiser put the info up in the first place, bad on them. But it may well have been, and seems to be, an unintentional breach on Kaiser's part. It certainly wasn't an intentional posting intended to expose the information to the world at large (to quote the Diva herself about the offending Kaiser website: "The site is mostly a bunch of system maps and screenshots." But once they took it down, for her to repost it is a pure HIPAA violation (taking the Washington State US Attorney position that you don't have to be a CE to violate HIPAA). IF, in fact, that's what she did
. I'm assuming it is, since that's the way it looks, since she set up a file-sharing deal on her blog to, presumably, share those PHI files.Matthew Holt
is blogging on this as well, as is Bob Coffield
And looking at the comments to the Diva's blog, she's getting press requests. Expect to hear more. . . .
Jeff [10:19 AM]
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