Awkward One Year Anniversary for ex-Adventist Nurse’s HIPAA Privacy Rights Investigation by the U.S. Department of Health and Human Services

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Barbara Clark confirms investigation still languishing; however, still uncovering new reckless practices.

Nearly one year ago, Barbara Clark, a former Adventist nurse, filed a complaint with the U.S. Department of Health and Human Services (DHHS) concerning the breach of confidentiality of her medical records under HIPAA; the federal Health Insurance Portability and Accountability Act of 1996.

The events that have unfolded over the past twelve months have surprised even her.

“If you would have told me a year ago that the home address of a parole officer would be given to a sexual predator under his watch by a hospital admissions clerk, I would have laughed at you. But not anymore,” Clark said.

This is just one of the many startling revelations of the breaches in patient medical record security that the nurse has uncovered since the initial filing of her compliant with DHHS against her former employer, the Adventist hospital chain of Roseville, Ca., nearly a year ago.

In addition to her HIPAA complaint with DHHS, Clark has presented allegations in a federal lawsuit filed in Sacramento (USDC for EDC CASE #: 2:05-cv-02410-FCD-KJM) that alleges criminal conduct in violation of HIPAA by Adventist claims adjustor Carol Pope and attorney Dennis Hershewe, named as co-defendants.

Clark also named John Rea, acting director of the California Department of Industrial Relations, as a co-defendant for failure to conduct a hearing into the matter regarding the alleged conspiratorial criminality of Pope and Hershewe to violate HIPAA. Rea’s department licenses the Adventist hospital chain to self administer workers compensation claims.

Clark claims she was awarded workers compensation medical care in 2001 by a California state court and has had to fight the Adventists ever since to get needed medical care for a work related injury. It is Clark’s contention that Pope and Hershewe smeared her by breaching the confidentiality of her medical records to humiliate her into accepting no medical care.

PROGRAM NOTE: Barb Clark appears in a one hour TV show “Injured on the Job” that will be aired on San Francisco COMCAST Cable Channel 29 6:30 – 7:30 pm Monday night (1/16/2006) and Sacramento COMCAST Channel 18 5:00 – 6:00 pm Wednesday, 1/18/2006

For more information on Barbara Clark’s lawsuit visit http://www.barbclark.org and http://www.MyStateFundStory.com

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Debbie Phillips
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