I am filing a HIPAA violation complaint with the U.S. Dept. of Health and Human Services Office of Civil Rights on behalf of myself and my then-16-year-old nephew because I was threatened if I did not release Protected Health Information.
Pretty much, ANY medical-related information such as diagnoses, treatment, the kind of doctors who are treating you or have treated you, medications classifies as Protected Health Information. Child protection agencies are NOT legally entitled to your PHI. They just “get your consent” by making false threats that you will be punished if you don’t release it or if you don’t sign release forms so they can retrieve records.
People shouldn’t fall for their threats. I was told that if I had recorded these threats, I could have pursued criminal charges against them. Most people are just so scared and don’t want to be accused of “not complying” that they don’t think clearly enough to realize that IF THESE GOONS WERE ENTITLED TO YOUR PROTECTED HEALTH INFORMATION, THEY COULD JUST GET IT ON THEIR OWN WITHOUT EVER ASKING YOU FOR IT. Why would they seek disclosures from a person or force people to sign release/consent forms, if they had a right to Protected Health Information in the first place!
The caseworker, who’d only been on the job two months before the children were removed from their mother’s care, complained that I “intimidated” her — ONLY because I would catch her in lies and contradictions, and point them out to her. It frustrated her that I was smarter than her, and that was pretty much what it boiled down to.
Also, you can file a Discrimination complaint with the Office of Civil Rights with the HHS.
Disability falls under the Equal Protection Clause of the Bill of Rights. Too many people with disabilities just don’t pursue their rights… because we are so beaten down, ostracized and treated like we are less than human.
Here are the links for the HHS complaints:
Oh yeah…. After the OCR investigates (which will involve reviewing the casefile), it could lead to a case filed in federal court. I was told that once it is set to go to court, the person whose rights were violated is most always successful.
Have you ever spoken with the state disability advocacy office in your state?
If you don’t have their website or info, I can find that for you. Every state has one. They are completely independent of all other agencies. In Alabama, ours helped initiate a landmark civil rights case against the DHR to change their policies (even though they’re not being followed).
ANY parent or ANYONE who has been targeted for a disability (or suspected disability), threatened for their personal medical info & treatment info, and/or treated differently/treated badly due to age, race, gender, religion, etc. has the right to file these complaints.
These federal agencies welcome these complaints, and they want to know who is violating our basic rights and federal statutes. When we feel abused and without any real rights, we shouldn’t give up… There IS recourse!
I think you’ll get some excellent responses from the post with that information.
And, I PRAY that your daughter has luck with her complaints, if you guys choose to do that. From what I’ve read of her experiences, there is certainly cause!
I think CPS is the WORST to violate people’s ADA rights and civil rights. If only more people knew that they can report their abuse to the DOJ and HHS!
We need to give these goons a dose of their own medicine, and turn the tables on them!