Lost Medical/psycotherapy Records,bay Pines

[william n]

not to beat a dead horse, but my records are still missing,since Oct.17,2007,92pages..[tort filed; under the Privacy Act, 5u.s.c.552a]..i dont feel my patient-psycotherapist priviledge is protected any longer and have stopped all future appts.how would i go about getting fee-basis outside services??any idea's?? i don't think the VA will go for it now that a ftca95 filed. can i force their hand?? thanks,williamn

Edited November 15, 2007 by williamn

[Berta]

PS -I filed a SF 95 with the Regional Counsel last year because the VA- who had received many copies of my IMOs- suddenly said -again- that they never got them- they were not in my c file-even after the BVA remanded them with my file-

I had a value to these IMOs ($4,000)-the SF 95 must state a monetary loss-

I called the Regional Counsel attorney and told him this was just one more attempt on my part to see why my IMOS were always missing-

I thought he would just go over to the RO-see them in the c file- and then tell me my FTCA had no basis-

but he didnt do that-

(gee maybe he did do that and they were STILL missing and he didnt want to tell me)

I made it clear to the RC that I was not looking for any refund at all- just trying to find out why they kept disappearing-

He gave me a constructive denial and I could have filed suit in the federal court-

meantime however- I had determined that it certainly might not have been the VA's fault at all- long story-

and I addressed this matterrecently with the General Counsel in a much different way-(that will get me some answers)

My long point here is-

how did you come up with a damage amount on the FTCA claim?

A monetary amount is required on the form.

Another thing- are these medical records completely necessary for the VA to have?

If you have a proven inservice nexus and a current diagnosis-wth some current treatment records-

could this be enough for them to award your claim without those records?

[william n]

PS -I filed a SF 95 with the Regional Counsel last year because the VA- who had received many copies of my IMOs- suddenly said -again- that they never got them- they were not in my c file-even after the BVA remanded them with my file-

I had a value to these IMOs ($4,000)-the SF 95 must state a monetary loss-

I called the Regional Counsel attorney and told him this was just one more attempt on my part to see why my IMOS were always missing-

I thought he would just go over to the RO-see them in the c file- and then tell me my FTCA had no basis-

but he didnt do that-

(gee maybe he did do that and they were STILL missing and he didnt want to tell me)

I made it clear to the RC that I was not looking for any refund at all- just trying to find out why they kept disappearing-

He gave me a constructive denial and I could have filed suit in the federal court-

meantime however- I had determined that it certainly might not have been the VA's fault at all- long story-

and I addressed this matterrecently with the General Counsel in a much different way-(that will get me some answers)

My long point here is-

how did you come up with a damage amount on the FTCA claim?

A monetary amount is required on the form.

Another thing- are these medical records completely necessary for the VA to have?

If you have a proven inservice nexus and a current diagnosis-wth some current treatment records-

could this be enough for them to award your claim without those records?

hello, i put a $1,000,000.00 tag on it[dont ask, dont get]immaterial thats for the courts to decide..violations of the Privacy Act are payable to the plaintiff @$1,000.00 min. per occurrence.per privacy act....setting that aside,you should read [jaffee vs. redmond]1996, it will give you a better insight to where im going with this..its the med records and psychotherapy notes im concerned about, in all there is 92pgs. nobody knows where they are, here at the VA,Bay Pines..the laws are a little tougher when it comes to losing those.in closing i think the jaffee case will shed some light on my concerns..peace,williamn

Edited November 16, 2007 by williamn

[william n]

williamn and Berta,

It is my understanding that HIPPA violations can result in fines, sometimes under the right circumstances very significant fines, but no compensatory damages to the victim of those violations. There are even prison sentences under some circumstances.

The APA is a different bird entirely. My reading of the Privacy Act and the Federal Tort Claim Act has convinced me that Privacy Act claim would not fall under the FTCA but would fall under the provisions of the APA. I will try to find my research on the issues. I do know that I ultimately decided not to directly include any privacy issues in my FTCA malpractice claim.

The way we determined the $ amount in my claim was to add up all of the associated costs, the extent of the damage, and a liberal estimate of future costs and damage. We then doubled the amount and claimed that amount. Since you cannot amend a claim once its filed without giving the VA another six months to do nothing, we did not want to take the chance of undervaluing the claim. Were we right in doing this, I don't know because with the exception of denying me fee basis for a necessary third operation and asking for an additional 30 days (request was made two days after the expiration of the six months administrative process allowance, the Regional Counsel has not engaged us in any manner what so ever. During the 30 day extension conversation, the Regional Counsel passed a message to me through my attorney asking that I not consider the delay as "bad faith" on his part because it was really only incompetence. Makes you wonder how they sleep at night doesn't it?

hello jim,

talked to the Regional counsel lawyer 11/14/07,what a joke,hungup on him @the 1st lie!

take a look at U.S. Code title 5 [552a,sect.g,civil remedies/min.$1000.00]Federal District Court, proper venue,as well as the jurisdiction for a privacy act suit..your right,as for hippa,you can make the agency life pretty miserable,as well as maybe have someone locked up, but "0" money damages..as far as the ftca claim, i am just pretty much letting the VA know whats coming down the pike.i can file suit straight up in fed.court [PA/volation] against the person involved. however, the VA is in charge of maintaining the security/protection of my health info/psycotherapy notes[jaffee vs. redmond]1996 and how its disseminated..talk to you soon, williamn

[william n]

well folks, just an update on the response from Director/Bay Pines VHAMC, Wallace Hopkins..He says,concerning the loss of med/psyc records,"please know that we are committed to providing all patients with the best care and adhering to all policies on confidentiality and ethical treatment. Because your psychotherapy and orthopedic needs can be provided inthis VA system/facility,fee-basis care is not indicated..we hope you will continue with your care at this facility....end. well,ya'll said it would be a battle, so its time to break out the armour..this letter arrives after i sent one to him stating that the facility has lost 92pgs.of med/psychotherapy notes enroute to the Regional Office.{150 yards away}that was on Oct. 17th 2007. those records are still out there somewhere..i need to take a breather, at least for a second, and figure what direction to go in,retreat is out of the question..now keep in mind, i have not seen my shrink since nov.5th and that day told that i do not feel that my confidentiality could be protected, and have peace of mind, knowing that all my notes are out there. would anyone like to chime in and lend some direction?? i'll put my emotions in my pocket for now, only now. peace, William n

Edited November 23, 2007 by williamn

[william n]

well folks, just an update on the response from Director/Bay Pines VHAMC, Wallace Hopkins..He says,concerning the loss of med/psyc records,"please know that we are committed to providing all patients with the best care and adhering to all policies on confidentiality and ethical treatment. Because your psychotherapy and orthopedic needs can be provided inthis VA system/facility,fee-basis care is not indicated..we hope you will continue with your care at this facility....end. well,ya'll said it would be a battle, so its time to break out the armour..this letter arrives after i sent one to him stating that the facility has lost 92pgs.of med/psychotherapy notes enroute to the Regional Office.{150 yards away}that was on Oct. 17th 2007. those records are still out there somewhere..i need to take a breather, at least for a second, and figure what direction to go in,retreat is out of the question..now keep in mind, i have not seen my shrink since nov.5th and that day told that i do not feel that my confidentiality could be protected, and have peace of mind, knowing that all my notes are out there. would anyone like to chime in and lend some direction?? i'll put my emotions in my pocket for now, only now. peace, William n

[william n]

would anybody like to make a suggestion as to my dilemna??