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Newspaper report spurs HIPAA complaint |
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Newspaper report spurs HIPAA complaint
Newspaper report spurs HIPAA complaint
By
The Associated Press
01.03.05
LOS ANGELES — A group of physicians and community leaders
allege in a federal complaint that the Los Angeles Times
and the county health department violated the law by revealing
confidential patient information in stories about alleged
lapses in care at a hospital.
The complaint says the county violated the Health Insurance
Portability and Accountability Act, also known as HIPAA, by
providing the newspaper with confidential information about
patients at the Martin Luther King Jr./Drew Medical Center in
South Los Angeles.
The nonprofit Friends of King Drew filed the complaint Dec.
28 with the U.S. Department of Health and Human Services’
Office of Civil Rights in San Francisco.
Ira Pollock, regional manager for the Office of Civil
Rights, said he could not comment on the status of the
complaint.
The Times’ five-part series, published last month,
profiled dozens of King/Drew patients and their family members
who alleged mistreatment and lapses in patient care at the
facility. The articles also highlighted alleged financial
mismanagement, lack of hospital oversight and shoddy personnel
practices.
The newspaper’s outside counsel, Kelli Sager, said Dec. 30
that the Times stood by its reporting and that neither
the complaint nor an earlier demand for a retraction had any
merit.
“The articles that the Times published were
thoroughly researched, including looking at court records,
medical records, personal interviews with patients and their
families,” she said.
County spokesman John Wallace said the newspaper collected
all confidential patient information on its own through public
records.
“I can state categorically that at least anybody working
for the department in an official capacity did not violate
HIPAA,” he said. “A lot of the patients that were identified
(by the newspaper) were identified through court documents and
settlement documents.”
Friends of King Drew plans to file a defamation lawsuit if
the paper doesn’t print a retraction within 21 days, said
David Martin, an attorney representing the nonprofit.
“The Times picks out a half-dozen or so specific
instances out of a hospital that treats thousands — if not
tens of thousands — of patients,” he said. “That doesn’t
justify the broad-brush defamation against the entire
hospital, the entire medical staff and all the departments.” |
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