Foia,privacy Act

[Berta]

I have a stack of FOIAs/Privacy Act letters since 1995 asking the VA for some specific info-

I recently found out (after many Foia denials , appeals etc etc over he years)- that the info is Public Record but it took me years to find that out.

I have asked the CHairman of the H VAC to look into the situation and have a hearing on it-(the reason I have sought this info for years)

My latest attempt with a FOIA at the OGC went to the Upstate VISN and then to the local Bath VA and was denied.

The VA has denied under the Privacy Act- public records!

(They dont know I have the public records I asked them for and wanted to make one more attempt to have the VA cough up the goods.which they do NOT want me to know- what I recently found out -long story)

If you use FOIA and/or Privacy Act 5, USC 552, make sure you appeal the VA denials and use the exceptions and argue your point as best you can.

FOIAs and Privacy Act letters have revealed numerous ways in which the VA operates these days- and it isnt always kosher-

(H VAC committee testimony this year)

and it pays-if you are seeking federal info this way- to keep up the fight to get it.

This FOIA matter I have began in 1995 with the VA and continues.

But that is the way to persist- when the Feds say they are denying a FOIA under Privacy Act exception. There are many ways to skin a cat and to get VA information.

And I have been receipient of some fabulous FOIA stuff because the FOIA officers (in other fed departments to include the VA ) didnt know what they were doing and sen me stuff I shouldn't have gotten. B)

[Berta]

I made many posts on this issue and didnt apparently make this clear here recently :

"The Department of Health and Human Services ,here in NY and in most states, publishes this report of negligent doctors on line.They get VA info from the NPDB if and when the VA reports the charges"

I have been in touch with the NPDB-

it is through the NPDB reports that NPDB is supposed to receive from the VA due to FTCA awards-that then the Department of Health and Human Services publishes it- in that way it is public knowledge.

For example here is the NY state HHS Data base:

NYS has the largest data base like this in the country-

http://www.health.state.ny.us/nysdoh/opmc/main.htm

There is an administrative criteria for all this too involved to post here-

My FOIAS are passing through the VAOLA administrative procedure and I already know they never reported the doctors regarding my husband's wrongful death.

The NPDB requirement for VA was agreed to in 1986-the NYS data base above began in 1990 but unfortunately the net sure wasnt in those days-what it is today-

"NPDB Data banks are public knowledge in most states-"

NPDB reports to HHS equals the public data bank in most states-if not all - if your VA doc committed FTCA negligence in the past their name will be in the HHS lists.

There is more info in my past posts-

Edited August 4, 2008 by Berta

[Wings]

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That link's for the State of New York.

Does every State in the Union have a databank of professionals with a history of medical misconduct?

Maybe we should set up a database at Hadit for Good vs Bad doctors? ~Wings

[purple]

As much as I've looked, since VA docs aren't required to be licensed in the state they practice medicine....that makes it nearly impossible to track them. I've tried to track a few and it's like they don't exist....scary stuff.

[Stretch]

Looks like many VA doctors have some kind of protection to experiment. Glad I refused the 7 week live-in PTSD study in Little Rock.

http://www.vawatchdog.org/08/nf08/nfAUG08/nf080508-10.htm