Class Action Lawsuit Against Oakland County Sherriffs Department For The Ceasing Of Hippa Protected Information During Raids.

[kevlarrockstar]

I posted in another topic however I am truly interested in seeking out a group of fellow patients who had their information on file with clinical relief.

I can't imagine that we don't have any legal recourse to take against the OCSD.

We can use this obvious violation of our HIPPA rights as a catalyst to end both Bouchard and Coopers careers here in Oakland County. Then all of us patients will be able to be sick in peace.

I sent the ACLU an E-mail and am waiting on their reply but I asked if they would be willing to head up a class action lawsuit for any patients who's rights were violated in the oakland county raids the other day.

If you were a patient who ever went to either of the business entities who were robbed by the sheriff your information would be on file with them and I would want your interest and name behind this case the more people we have the better...

 

- Alexander Kolanek

[lawyercaregiver]

This would not be a class action. The people who are raided or prosecuted because of hippa violations are identifiable.

[peanutbutter]

This would not be a class action. The people who are raided or prosecuted because of hippa violations are identifiable.

 

Ahhh .. haven't seen you in a while.

 

There is the additional item. There is a new crime. This new crime only came into existence on 12/4/2008 in the mmj law.

 

The only people that can be convicted of this crime are employees of any government in Michigan. State and local.

 

That crime is when the medical information from the State is passed by an employee to anyone that is not employed at the MDCH.

 

The ID cards contain that information. Officers have improperly stolen these cards and have passed them to others.

 

That is a crime that is supposed to land them six months in jail.

[stickey1]

Ahhh .. haven't seen you in a while.

 

There is the additional item. There is a new crime. This new crime only came into existence on 12/4/2008 in the mmj law.

 

The only people that can be convicted of this crime are employees of any government in Michigan. State and local.

 

That crime is when the medical information from the State is passed by an employee to anyone that is not employed at the MDCH.

 

The ID cards contain that information. Officers have improperly stolen these cards and have passed them to others.

 

That is a crime that is supposed to land them six months in jail.

That sounds more like it! There is more than one way to skin a crooked sheriff!

[1337Gr33n]

you have it mostly right PeanutButter. HIPAA laws can be broken by ANYONE entrusted with what is called "Protected Health Information" (PHI). practitioners (doctors), Insurers and their employees, or State, County, and Local employees entrusted with handling PHI can be held liable for mishandling PHI under HIPAA laws. Taking PHI from a patient's file and moving it from the secured location in the trusted agency's office without pre-authorized clearance by the patient is a violation of the law. If i am not mistaken, each piece of paper in the client's file is considered a separate violation. (although i could be wrong on that point.) Hope this helps.

[tasty]

What if CPS came in asked if you smoked medical marijuana and you showed him your card and he wrote your info down and used it to sway a judge? I can't prove it. The judge part. But I know it happened.

[peanutbutter]

you have it mostly right PeanutButter. HIPAA laws can be broken by ANYONE entrusted with what is called "Protected Health Information" (PHI). practitioners (doctors), Insurers and their employees, or State, County, and Local employees entrusted with handling PHI can be held liable for mishandling PHI under HIPAA laws. Taking PHI from a patient's file and moving it from the secured location in the trusted agency's office without pre-authorized clearance by the patient is a violation of the law. If i am not mistaken, each piece of paper in the client's file is considered a separate violation. (although i could be wrong on that point.) Hope this helps.

 

Wel .. this is different than HIPA.

 

Here is the section:

 

Section 6 (4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

 

Now then, it doesn't seem to require that the source of the "confidential information" is required to be the MDCH office. A patients ID card has that information on it. It seems that any officer that passes a patient or caregiver to another officer has broken this law.

 

Copies of a patient application contains this "confidential information."

[GreatLakesMeds]

[quote name='peanutbutter' date='03 September 2010 - 04:45 PM' timestamp='1283546752' post='203130'

The only people that can be convicted of this crime are employees of any government in Michigan. State and local.

 

Why do you say that the only people who can be convicted are state and local employees? They are included, but the act does not limit this new crime only to them.

 

Section 6 (4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information

 

The way this is written, "a person" (ANY person) can commit this crime. Simply put, it is illegal for any person to disclose MMJ status of another person to anyone else. This is how it should be. This keeps sour people like the guy who called crimestoppers on Kingdiamond the ability to flap lips and stir up trouble.

[Kingpinn]

What if the P A called the Lansing TV station. Gave them a detailed map my name pinpointed my address that this is where marijuana was being grown Aired this state wide. Found out about it by my X mother inlaw watching her 6;00 news. Was a law broken here ??

 

After a year and a half i find out that my Civil Rights have been violated go figure. When in reality i was robbed at gun point

 

Will the Pain And Suffering ever really go away. Are these things that will haunt me till i die. Will i ever be Whole again

 

All over a silly little plant

[peanutbutter]

Section 6 (4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information

 

The common legalize would read "including, but not limited to" if it was intended to include everyone.

 

The use of just "including" indicates a specific list.

 

Could be wrong on that.

 

Either way, this section was clearly intended to apply to government employees. They are not exempt. In fact they were intentionally targeted.

[Frank R]

Yeah, I had just went into CR the Tuesday before the raid.

Put me on the list, I'm already on Dr.Bouchard's list.

Feel like there's a thread bound sword dangling over my head these days...

[GreatLakesMeds]

The common legalize would read "including, but not limited to" if it was intended to include everyone.

 

The use of just "including" indicates a specific list.

 

Could be wrong on that.

 

Either way, this section was clearly intended to apply to government employees. They are not exempt. In fact they were intentionally targeted.

 

I still think my interpretation is correct but I'll leave that up to someone who dropped $100k on law school and just say that it is of utmost importance that we stand firm with the interpretation that it is illegal for anybody to disclose patient/CG status. If this is a grey area, then the intent of the voters will help decide...and as a voter I believe that the MMMA was designed to compel people in the know to keep quiet. Beyond the obvious benefit, think of this..if an informant of any sort tells LEO about a legal grow, then isn't it kind of a catch 22 with regard to that informant's cedibility? I mean if a guy is willing to break the law to tell cops about a grow...since the act of informing makes the informant a criminal right from the start.....now the cops have a known criminal telling them about a grow. Seems to chip away at probable cause, right?

[clinical relief]

We have a form on our home page for patients of Clinical Relief that want options as they become available in regards to the unauthorized confiscation of HIPAA protected information.

 

Half way down to the right, www.clinicalrelief.com . We have had several requests and will reply soon.

[angie8186]

Clinical Relief contacted the ACLU immediately after the raid by Bouchards boys on August 25th and received this reply within two weeks."Please follow-up by contacting the paralegal, Brenda Bove, at 313-578-6802 to verify receipt.

 

Thank you for contacting the ACLU. She talked to me personally and advised me at that time that she had 117 people already that had contacted them regarding the Clinical Relief raid and that they were working on it. I don't think they are sitting tight on this one and I do believe that something will come of it. We can only hope.

[lawyercaregiver]

I hate to rain on anybody's parade but what is the HIPAA violation here? The Dispensary owners are not protected by HIPAA. The PATIENTS are protected. Were there patients arrested in the raid based on information gained from private medical records?

 

If only the dispensary owners are arrested I do not understand why HIPAA is even an issue?

 

I think you are saying the seizure of the medical records from the dispensary constitutes a HIPAA violation? So any time the federal boys barge in and raid a doctors office or a pharmacy and seize the pharmacy records they are violating HIPAA?

 

I would defend the dispensary on the basis of the MMMA and forget about HIPAA unless you can show a patient's medical information was used improperly. So far the only people on the hook are the dispensary owners/workers. Am I missing something?

[bobandtorey]

I hate to rain on anybody's parade but what is the HIPAA violation here? The Dispensary owners are not protected by HIPAA. The PATIENTS are protected. Were there patients arrested in the raid based on information gained from private medical records?

 

If only the dispensary owners are arrested I do not understand why HIPAA is even an issue?

 

I think you are saying the seizure of the medical records from the dispensary constitutes a HIPAA violation? So any time the federal boys barge in and raid a doctors office or a pharmacy and seize the pharmacy records they are violating HIPAA?

 

I would defend the dispensary on the basis of the MMMA and forget about HIPAA unless you can show a patient's medical information was used improperly. So far the only people on the hook are the dispensary owners/workers. Am I missing something?

suing for the HIPAA is not going to work i don't think any way but we are going to sue them as soon as we get out of court for some thing like are Plants and the stress we aregoing to have to pay all of these Lawyer off so that will be the main things

[DT61]

Here is the biggest rub of all - even with that portion of the law - intact and cited - does anyone think we will find a sympathetic prosecutor who will charge violators?

[DenturesLost]

This would not be a class action. The people who are raided or prosecuted because of hippa violations are identifiable.

A class action suit isn't required to have unidentifiable plaintiffs just so many that joinder of parties is impractical.