San Francisco, CA (PRWEB) January 10, 2006
A reluctant duo has joined forces to seek changes in the enforcement of the national medical records privacy law, known as HIPAA (see Health Insurance Portability and Accountability Act of 1996).
The two are an unlikely pair, a former mortgage broker – Eric Drew -- and a nurse practitioner – Barbara Clark.
Drew, a cancer survivor and identity theft victim was successful in seeking the prosecution of the one and only wrongful disclosure case of health record information in the United States (USDC for WDW CASE #: 2:04-cr-00374-RSM-1) against Richard W. Gibson, sentenced to 16 months in a federal prison. Gibson was convicted under 42 U.S.C. § 1320d-6.
Clark, a former nurse for the Adventist hospital chain, is seeking intervention of federal authorities in a federal lawsuit filed in Sacramento (USDC for EDC CASE #: 2:05-cv-02410-FCD-KJM) against a claims adjustor and attorney working for the Adventists for the alleged wrongful disclosure of protected health information.
The nexus between Drew and Clark is a June 1st, 2005 memorandum issued by Steven G. Bradbury, Principal Deputy Assistant Attorney General, addressing 42 U.S.C. § 1320d-6 (see http://www.usdoj.gov/olc/hipaa_final.htm). The memorandum re-focused enforcement efforts for wrongful disclosures away from “small fry” individuals towards “big fish” corporations.
“We shall see just how serious the Department of Justice is in pursuing the fat cat corporations violating HIPAA,” cited Clark, referring to her federal lawsuit involving the Adventist hospital chain of Roseville, California.
“HIPAA enforcement is more or less a national joke. It is reprehensible that there has been only one criminal prosecution of a HIPAA violator,” Clark said, referring to the Eric Drew case. “Put up or shut-up” were her words to the Department of Justice.
To see the discussion tune to San Francisco Comcast Channel 29, Monday evening.
For more information about the TV broadcast http://www.injuredonthejob.tv/findus.html .
For more information about Eric Drew see http://www.knightsbridgecastle.com .
For more information about the TV broadcast sponsor see http://www.ciaw.org