Email to Former Patients of Dr. Teresa Sievers rcvd on or about 1 April 2016

[Matlacha]

Yikes, yes I have made a mess of trying to explain my point of view. All information is protected, my point was if the information is sitting in a paper chart (not EMR) and not being sent electronically for insurance, billing or coordination of care there is no need for HIPAA compliance as they are not being sent to an external source and in need of HIPAA protection (The digital or electronic protection). No my hospital sees anyone in need of care regardless of their ability to pay. I give up, am not able to explain what I want to say....maybe another day.

I don't mean to prolong this, but even without electronic transmission, there seems to be plenty of room for HIPAA violations. For example, my understanding from MDs in the family is they can't discuss a patient's data with third parties, other than law enforcement, etc., unless the patient has listed that party on his or her HIPAA form. So even sharing personal information about a patient in a face-to-face conversation with an unauthorized person, no electronics involved, would be a violation, let alone sharing their Social Security number.

 

[AZlawyer]

I think you guys are talking about two different things. One topic is whether certain things would be HIPAA violations IF TS's practice was a covered entity. The other topic is whether TS's practice was a covered entity to begin with.

Turtle is absolutely right that a purely cash-based, no-insurance medical practice would probably not be a "covered entity" under HIPAA, which means that none of the things that would normally be HIPAA violations would be an issue (except maybe under state regulations, negligence law, etc.).

But I know TS did bill Medicare at times, because several months ago I posted her Medicare billing history information.

 

[RANCH]

I think you guys are talking about two different things. One topic is whether certain things would be HIPAA violations IF TS's practice was a covered entity. The other topic is whether TS's practice was a covered entity to begin with.

Turtle is absolutely right that a purely cash-based, no-insurance medical practice would probably not be a "covered entity" under HIPAA, which means that none of the things that would normally be HIPAA violations would be an issue (except maybe under state regulations, negligence law, etc.).

But I know TS did bill Medicare at times, because several months ago I posted her Medicare billing history information.

So some of Teresa's patients could be covered under HIPPA and others may not be covered under HIPPA.

 

[Turtles]

Absolutely, there are hundreds and hundreds of ways to violate HIPAA. Sorry I am narrow minded, I was trying to figure out how someone had access to patient information that could be sent in an email and not be in violation (while MS is in jail). I am not sure where holistic medicine falls into HIPAA privacy and security.

I don't mean to prolong this, but even without electronic transmission, there seems to be plenty of room for HIPAA violations. For example, my understanding from MDs in the family is they can't discuss a patient's data with third parties, other than law enforcement, etc., unless the patient has listed that party on his or her HIPAA form. So even sharing personal information about a patient in a face-to-face conversation with an unauthorized person, no electronics involved, would be a violation, let alone sharing their Social Security number.

 

[ATasteOfHoney]

It seriously stinks to high heaven if the standards of ethics & patient confidentiality is really governed by the method of payment/billing! HIPPA laws that healthcare providers should abide by should be applied to all patients equally & not applied only if the patient paid by private insurance, Medicare/Medicaid or cash! Please tell me that the patient privacy laws apply to ALL patient/doctor relationships regardless of payment methods!

Wow!

 

[AZlawyer]

So some of Teresa's patients could be covered under HIPPA and others may not be covered under HIPPA.

Coverage goes by the medical practice, not by the patient. So if a practice is covered, all patients are covered.

It seriously stinks to high heaven if the standards of ethics & patient confidentiality is really governed by the method of payment/billing! HIPPA laws that healthcare providers should abide by should be applied to all patients equally & not applied only if the patient paid by private insurance, Medicare/Medicaid or cash! Please tell me that the patient privacy laws apply to ALL patient/doctor relationships regardless of payment methods!

Wow!

The federal government does not have constitutional power to govern all transactions among citizens. Electronic transactions very often involve interstate commerce, which is something the feds do have power over, so it's easier to justify federal involvement in those cases.

 

[RANCH]

Coverage goes by the medical practice, not by the patient. So if a practice is covered, all patients are covered.



The federal government does not have constitutional power to govern all transactions among citizens. Electronic transactions very often involve interstate commerce, which is something the feds do have power over, so it's easier to justify federal involvement in those cases.

Thanks AZlawyer. So once a medical provider electronically bills an insurance company or medicare they are forever a covered entity.

I thought that "Obama care" gives the federal government the right to govern all medical transactions among US citizens. JMO

 

[AZlawyer]

Thanks AZlawyer. So once a medical provider electronically bills an insurance company or medicare they are forever a covered entity.

I thought that "Obama care" gives the federal government the right to govern all medical transactions among US citizens. JMO

Well, I suppose if the entity stopped billing electronically they would no longer be a covered entity. My recollection is, though, that TS's practice submitted dribs and drabs of Medicare claims the whole time.

Obamacare can't give the federal government any powers--only the Constitution can do that. In theory anyway haha.

 

[RANCH]

Well, I suppose if the entity stopped billing electronically they would no longer be a covered entity. My recollection is, though, that TS's practice submitted dribs and drabs of Medicare claims the whole time.

Obamacare can't give the federal government any powers--only the Constitution can do that. In theory anyway haha.

Yes. The Consitution is only what the Supreme Court decides it is. Like when a Obamacare tax is not really a tax but a "fee." LOL

 

[Tamerlan]

...IP address/designation.... isn't that the device itself within it's provider? Can an email be tracked back to the device or network (if within a network) or no?

Here's a quick guide on how to track an email to its original location by figuring out the email's IP address and looking it up.
http://www.online-tech-tips.com/com...inal-location-of-an-email-via-its-ip-address/
Or you may google it.

 

[msboo]

Here's a quick guide on how to track an email to its original location by figuring out the email's IP address and looking it up.
http://www.online-tech-tips.com/com...inal-location-of-an-email-via-its-ip-address/
Or you may google it.

Thanks, Tamerlan..... the reason for my query was if LE would be able to track the actual origin of Marks' recent 'Dr Roy' email to patients other than just back to TS existing RHH email address----like who or what computer at what location really sent those out. I would think it would track to the IP. Will check out your link. Pretty much know Boy Roy sent them, I was just curious due to proof or for factual evidence.

UPDATE: Complicated but emails can be traced to within a mile, a state or a region depending. Typically Google, Yahoo, etc are servers people use BUT there are also 'host servers' so they may be harder or more complicated for tracking. I would think experts can track though.

 

[Greater Than]

TS had an NPI number.

http://www.hipaaspace.com/Medical_B...Provider_Identifier/Codes/NPI_1699857045.aspx

PDF: http://www.hipaaspace.com/Medical_B..._Provider_Identifier/Codes/NPI_1699857045.pdf

 

[DexterMorgan]

Thanks, Tamerlan..... the reason for my query was if LE would be able to track the actual origin of Marks' recent 'Dr Roy' email to patients other than just back to TS existing RHH email address----like who or what computer at what location really sent those out. I would think it would track to the IP. Will check out your link. Pretty much know Boy Roy sent them, I was just curious due to proof or for factual evidence.

UPDATE: Complicated but emails can be traced to within a mile, a state or a region depending. Typically Google, Yahoo, etc are servers people use BUT there are also 'host servers' so they may be harder or more complicated for tracking. I would think experts can track though.

If another company in Nantucket or wherever hosts the emails and you have a privacy setting. Then the i.p will show the hosts ip address.

But let's ponder a little bit. In order for Roy to send the email; Then he would need the login information which would give him access to view other emails and stored email docs. So why is Mark granting power to whomever to view patients correspondence via email.

Also mark is being charged with murder. So his name is the last name that patients want to see at this moment. Jmo

 

[msboo]

Yes. The Consitution is only what the Supreme Court decides it is. Like when a Obamacare tax is not really a tax but a "fee." LOL

Good one, Ranch.... LOL. Sooooooo true

 

[Timekeeper65]

If we didn't realize the greed factor involved here...one could come up with the thought that this was a cruel April Fools Day hoax.

 

[msboo]

If another company in Nantucket or wherever hosts the emails and you have a privacy setting. Then the i.p will show the hosts ip address.

But let's ponder a little bit. In order for Roy to send the email; Then he would need the login information which would give him access to view other emails and stored email docs. So why is Mark granting power to whomever to view patients correspondence via email.

Also mark is being charged with murder. So his name is the last name that patients want to see at this moment. Jmo

That's what I was afraid of with hosts, DexterM. I like your 'ponderance', also your opinion.

 

[RANCH]

Yes. The Constitution is only what the Supreme Court decides it is. Like when a Obamacare tax is not really a tax but a "fee." LOL

I did have things a bit backwards. The Supreme Court ruled this way.

In its ruling last week on the national health care law, the Supreme Court found that penalties the law places on people who don't buy health insurance count as a tax protected by the Constitution.

The Obama administration had argued that the fees should be considered a penalty. But the government also argued that the individual mandate can be viewed as constitutional under Congress' powers of taxation.

The Court ruled that the "penalties" were a tax in order for them to be allowed under the Constitution.

http://www.cnn.com/2012/07/05/politics/scotus-health-care-tax/

 

[AlwaysShocked]

MS could have sold the entire practice to this Dr. Roy H., including the website address, the email address(es), etc. Doctors and dentists who retire often "sell their practice", and to the best of my knowledge that includes patient lists and patient records.

No patient is under any obligation to stay with the new dentist or doctor, though. The patient can just request their records and go to a new provider if they want.

 

[Southwflorida]

I have not ordered from the supplement supplier - Xymogen - since last June. First, Dr. Sievers monitored my supplements and healthcare. Taking the supplements was a prescription from HER. She would not advocate continuing supplements without Doctor supervision and monitoring. Secondly and perhaps most importantly, MARK received thousands of dollars in commission each month from the Xymogen orders. There's an NO WAY I'll put one one penny in his pocket by placing an order. I have called the detective to report this latest email that I received yesterday - an email that spells Dr. Sievers name two different ways (complete lack of respect) and encourages me to continue purchasing supplements through a Dr. Roy account. I believe this money stream was part of Mark's plan. The supplement cash flow provides plenty of money to cover living expenses until he cashes in on the life insurance policies. What kind of deal did Mark negotiate with Dr. Roy? How will they split the commission? I'll call Xymogen today and express my concern. I will not give Mark Sievers one penny of my money. I hope Dr. Sievers patients will STOP buying these supplements!

 

[beach]

I have not ordered from the supplement supplier - Xymogen - since last June. First, Dr. Sievers monitored my supplements and healthcare. Taking the supplements was a prescription from HER. She would not advocate continuing supplements without Doctor supervision and monitoring. Secondly and perhaps most importantly, MARK received thousands of dollars in commission each month from the Xymogen orders. There's an NO WAY I'll put one one penny in his pocket by placing an order. I have called the detective to report this latest email that I received yesterday - an email that spells Dr. Sievers name two different ways (complete lack of respect) and encourages me to continue purchasing supplements through a Dr. Roy account. I believe this money stream was part of Mark's plan. The supplement cash flow provides plenty of money to cover living expenses until he cashes in on the life insurance policies. What kind of deal did Mark negotiate with Dr. Roy? How will they split the commission? I'll call Xymogen today and express my concern. I will not give Mark Sievers one penny of my money. I hope Dr. Sievers patients will STOP buying these supplements!

BBM

My exact thoughts as well!

Kudos to you for being proactive! :highfive: