Found Deceased KY - James 'Mike' Kimsey, 48, Louisville, 29 May 2015

Really? why does there profession come into play when you are giving them access to your records? Drs, nurses, and lawyers can sign the form as a friend not as their job role. If they aren't your Dr, Nurse, or lawyer that confidentiality shouldn't apply. It should just be the HIPAA. Example, my cousin is a lawyer. If I delegated, she wouldn't have keep things in confidence because there is no client/attorney privilege. Just like dr/patient confidentiality. Maybe I misunderstood you.


That is where in the beginning that would be a question of what is the legal culpability. It may be cleared up now and I won't pretend to know for sure. When it was first put into place if I said a patient has a wife who is a nurse and signs permission for her to have access to his medical records, the question was there.....that person was legally under HIPAA but were they with a relative. Doesn't apply here regardless but a good question if that got fixed and answered.

Kind of the we have to pass the law to see how it works.

IMO. Think we are going off course and I guess I steered it that way. Will just say if wife made a statement about his mental health, in this case I would take with a couple pounds of salt.
 
The HIPAA law itself refers to those who are required to comply with the law as "covered entities." A friend or relative of the patient would not be considered a covered entity. If this person then revealed medical info about his/her friend or relative, HIPAA would not apply. I base my response on years of developing and facilitating HIPAA training. Who knew this knowledge would come in handy outside of a work setting?!
 
I will just make this general statement ...HIPAA in the early 90's was like the ACA insurance and Nancy Pelosi saying we have to pass it to see what is in it. It angered me back then as well. Any new legislation will bring things that we didn't think about but most legislation should be much more well thought out. IMOO.
 
I will just make this general statement ...HIPAA in the early 90's was like the ACA insurance and Nancy Pelosi saying we have to pass it to see what is in it. It angered me back then as well. Any new legislation will bring things that we didn't think about but most legislation should be much more well thought out. IMOO.
 
I don't think for a moment that Mike committed suicide, although we are not privy to his thoughts and feelings. A suicide that made little sense to the public (and apparently his wife) was Robin Williams. He had open heart surgery, quit drugs and drinking, spent a month in rehab "getting fine tuned" right before his death. On the outside, the guy had everything going for him, but apparently he harbored deep secrets.

Leeann Bearden was a surprise desth. She, too, appeared happy on the outside and had just completed an overseas expedition, smiling in all of her photos. Her husband was devastated. He didn't see it coming.

Occam's Razor in this case points to someone(s) disappeared Mike for unknown reasons the night he decided to take an early morning walk into oblivion. Nothing else makes sense, unless Mike purposely went off the grid. But leaving his seven-year-old son knocks that theory out.

All my opinion only.
 
The HIPAA law itself refers to those who are required to comply with the law as "covered entities." A friend or relative of the patient would not be considered a covered entity. If this person then revealed medical info about his/her friend or relative, HIPAA would not apply. I base my response on years of developing and facilitating HIPAA training. Who knew this knowledge would come in handy outside of a work setting?!

Do you agree if the patients relative is a covered entity? That is something that wasn't settled in the original law....I facilitated the law but it was a new law we didn't have all the answers for........Tripplogan, if you are still in the business I will defer to you but can you agree at least at the beginning it was unclear...and I think it is now.....have have difficulty obtaining personal records clearly under the law but HIPAA scares the medical practices.
 
Do you agree if the patients relative is a covered entity? That is something that wasn't settled in the original law....I facilitated the law but it was a new law we didn't have all the answers for........Tripplogan, if you are still in the business I will defer to you but can you agree at least at the beginning it was unclear...and I think it is now.....have have difficulty obtaining personal records clearly under the law but HIPAA scares the medical practices.

Is there a black and white answer to any question regarding HIPPA? To me, it seems like a moot point because the interpretation is subjective. It is such a complex issue and I am not sure anyone (even the people who wrote it) could answer many questions. I have been told by many a nurse I had no right to my grandmother's chart (I was durable and regular power of attorney) only to have the nurse scolded by the physician that indeed I did; they settled on I could see the chart under the physician's supervision. I think HIPPA is one of those laws that we can debate until the cow comes home.

One last thing, wasn't the original question whether a spouse would be held to HIPPA regulations if the spouse had knowledge of their spouses diagnoses, be it direct information from their spouse or information given by consent by the patients physician? From what I understand of HIPPA is the answer is no, the spouse has no obligation to protect private information.

I am sorry if I added to the confusion. I had to work this out for myself.
 
I don't think for a moment that Mike committed suicide, although we are not privy to his thoughts and feelings. A suicide that made little sense to the public (and apparently his wife) was Robin Williams. He had open heart surgery, quit drugs and drinking, spent a month in rehab "getting fine tuned" right before his death. On the outside, the guy had everything going for him, but apparently he harbored deep secrets.

Leeann Bearden was a surprise desth. She, too, appeared happy on the outside and had just completed an overseas expedition, smiling in all of her photos. Her husband was devastated. He didn't see it coming.

Occam's Razor in this case points to someone(s) disappeared Mike for unknown reasons the night he decided to take an early morning walk into oblivion. Nothing else makes sense, unless Mike purposely went off the grid. But leaving his seven-year-old son knocks that theory out.

All my opinion only.

I disagree that Robin Williams' suicide made little sense, due to the very fact you mentioned--he spent a month in rehab just before he died. If that's not a giant, retrospective red flag, I don't know what is. There are always red flags somewhere, and thus far, no one has come up with a single, absolute one for Mike. I mean, he'd had major surgery, and while you could argue that him telling friends that he expected to get the clear to fly again very soon could have been a lie, that would just be opinion.

I don't think for a second that he committed suicide, or left of his own accord.
 
Is there a black and white answer to any question regarding HIPPA? To me, it seems like a moot point because the interpretation is subjective. It is such a complex issue and I am not sure anyone (even the people who wrote it) could answer many questions. I have been told by many a nurse I had no right to my grandmother's chart (I was durable and regular power of attorney) only to have the nurse scolded by the physician that indeed I did; they settled on I could see the chart under the physician's supervision. I think HIPPA is one of those laws that we can debate until the cow comes home.

One last thing, wasn't the original question whether a spouse would be held to HIPPA regulations if the spouse had knowledge of their spouses diagnoses, be it direct information from their spouse or information given by consent by the patients physician? From what I understand of HIPPA is the answer is no, the spouse has no obligation to protect private information.

I am sorry if I added to the confusion. I had to work this out for myself.
HIPAA (note the correct anacronym) was cloudy about a lot of things. It scared doctors, hospitals and other hospital workers. It was vague....and at this late date still is. A major world renowned hospital won't release records........even with HIPAA compliant releases.....or they say...ok I will release them to only you at 36 cents a page on top of 40 dollar charge......I have to research the legality of charges....seems in the electronic age and over 40 days plus several more stays for 5 or so days it would not be that expensive....I mean they want the co pay too right?
 
HIPAA (note the correct anacronym) was cloudy about a lot of things. It scared doctors, hospitals and other hospital workers. It was vague....and at this late date still is. A major world renowned hospital won't release records........even with HIPAA compliant releases.....or they say...ok I will release them to only you at 36 cents a page on top of 40 dollar charge......I have to research the legality of charges....seems in the electronic age and over 40 days plus several more stays for 5 or so days it would not be that expensive....I mean they want the co pay too right?

Thank you for your reply. I apologize for the incorrect acronym...I know better! I have experienced the request for per page charge as well and am thankful I had ways around it.

I do think, MK's wife would be at liberty to discuss anything she is privy to concerning MK's mental health as long as she was at the appointment, MK told her or MK signed a release that his doctors can speak with her. HOWEVER, I have seen no evidence MK had a mental health disorder other than that initial statement from his wife. So...
 
I don't think for a moment that Mike committed suicide, although we are not privy to his thoughts and feelings. A suicide that made little sense to the public (and apparently his wife) was Robin Williams. He had open heart surgery, quit drugs and drinking, spent a month in rehab "getting fine tuned" right before his death. On the outside, the guy had everything going for him, but apparently he harbored deep secrets.

Leeann Bearden was a surprise desth. She, too, appeared happy on the outside and had just completed an overseas expedition, smiling in all of her photos. Her husband was devastated. He didn't see it coming.

Occam's Razor in this case points to someone(s) disappeared Mike for unknown reasons the night he decided to take an early morning walk into oblivion. Nothing else makes sense, unless Mike purposely went off the grid. But leaving his seven-year-old son knocks that theory out.

All my opinion only.

Jumping off your post... When Leanne Bearden went missing, I do remember there was a lot of speculation about her husband as well...

Jennifer Huston is another suicide that comes to mind. She left two small children, IIRC. Oddly, stopped for a snack beforehand.


I'm not wedded to the idea of suicide... it certainly could be a murder. I just think suicide fits better, with the overall lack of evidence. I'm at about 65/35 towards suicide.

ETA... Leanne had a phone interview, told her hubby she was going for a walk but would be back in plenty of time. Lots of suspicion around the story and timeline.

Sent from my KFJWI using Tapatalk
 
Yes. For example, let's say you are at a party, and you are in deep conversation with a physician friend, and you tell them about your hemorrhoids or a yeast infection, etc., this is confidential between you and the physician friend, and the physician friend is sworn to keep this confidential, even though he/she is not YOUR physician. Same goes for a pharmacist. If you bump into a pharmacist friend in the grocery store, and wind up discussing that you are pregnant, that pharmacist cannot legally tell anyone that you are pregnant. It is considered confidential, because you confided your medical problems to someone who is a healthcare professional, most likely, BECAUSE, they are a healthcare professional. There have been lawsuits brought about for breaches in these confidences. There is a reason for the individual to believe that they are telling these personal things in confidence, which is good enough for HIPAA. Now, let's say that your best friend is a nurse, and you have colon cancer, and you ask her to go to your doctor appointment with you, and you fill out the form in the doctor's office that she can call anytime for information regarding your health, and the physician's office can contact her if necessary. There is a presumption by the patient that the nurse friend will keep these things confidential, BECAUSE she is a nurse. You shouldn't have to tell a physician, nurse, or pharmacist to keep things confidential, because they know that they are. But, if you tell your best friend who is a cashier at Wal-Mart, you can forget any expectation of confidence, because they have no legal responsibility to keep anything confidential. Make sense?

I got all that, but if you tell your husband something who is also a lawyer or doctor, but are telling them as your husband, client/attorney privilege and patient/dr confidentiality isn't there. I talk to my cousin all the time who is a lawyer. If I want her advice, I say, put on your lawyer hat, if not, it's two best friends talking. Drs and medical professionals are people too.
 
Jumping off your post... When Leanne Bearden went missing, I do remember there was a lot of speculation about her husband as well...

Jennifer Huston is another suicide that comes to mind. She left two small children, IIRC. Oddly, stopped for a snack beforehand.


I'm not wedded to the idea of suicide... it certainly could be a murder. I just think suicide fits better, with the overall lack of evidence. I'm at about 65/35 towards suicide.

ETA... Leanne had a phone interview, told her hubby she was going for a walk but would be back in plenty of time. Lots of suspicion around the story and timeline.

Sent from my KFJWI using Tapatalk

Jennifer Huston stopping buying a protein bar (and bottled water, I think?) before she committed suicide threw off a lot of people because it didn't make sense - why would she do that? But people who are suicidal aren't always rational and not everything they do is going to make sense. I think that's important to remember in cases like this (and others) where everything doesn't line up in an "obviously suicidal" way.

I'm not sold on suicide either, but I think it's possible in Mike's case and it wouldn't surprise me.

JMO.
 
Any locals remember the last time LMPD authorized/allowed a group of volunteers to search for a missing person??

I've been googling (without much luck).
 
Any locals remember the last time LMPD authorized/allowed a group of volunteers to search for a missing person??

I've been googling (without much luck).

How much public land is in that area? Could there have been issues in the past with civilian searchers not bothering to get landowners permission?

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How much public land is in that area? Could there have been issues in the past with civilian searchers not bothering to get landowners permission?

Sent from my KFJWI using Tapatalk

It's possible, but I'm not sure that would be the major issue for what seems to be a lack of volunteer searches. (But this is just my feeling... I really have no idea.)
 
Oops! I didn't realize I could not copy and paste from FaceBook, so my post was removed. The rules say I can paraphrase. Totally my fault,I should have read the rules.
You all can check it out yourselves, but the family was asked about searches, etc., and said the police have asked them not to conduct any searches. I have no idea if a family has to abide by this or not, but the impression I got from reading the response was they were fine with it. I myself would have questioned that.
 
Jennifer Huston stopping buying a protein bar (and bottled water, I think?) before she committed suicide threw off a lot of people because it didn't make sense - why would she do that? But people who are suicidal aren't always rational and not everything they do is going to make sense. I think that's important to remember in cases like this (and others) where everything doesn't line up in an "obviously suicidal" way.

I'm not sold on suicide either, but I think it's possible in Mike's case and it wouldn't surprise me.

JMO.


Here on WS, we just had a Terra Houte (spelling) Indiana on surveillance cameras filling his truck up with Gas, then he drove off and killed himself in his truck in the a wooded area. Last I checked that Thread, I think they felt he had hung himself. But it just illustrates some indecision on his part if he filled up with Gas.

Also, on a personal note, my brother committed suicide years ago in another state. Despondent over a broken relationship, planning to meet up with out dad to come home, but at the last minute went out and got a gun and shot himself in a hotel room. I think it was during a low phase, that would have passed if he hung in there.

Another thing--Robin Williams was having mental issues too, because of his illness. I think it was People Magazine that told of his family noticing him being obsessed with little things----One was a watch. He thought people were plotting to steal it,etc. The family said Robin was distressed over his mental state.
 
Here on WS, we just had a Terra Houte (spelling) Indiana on surveillance cameras filling his truck up with Gas, then he drove off and killed himself in his truck in the a wooded area. Last I checked that Thread, I think they felt he had hung himself. But it just illustrates some indecision on his part if he filled up with Gas.

Also, on a personal note, my brother committed suicide years ago in another state. Despondent over a broken relationship, planning to meet up with out dad to come home, but at the last minute went out and got a gun and shot himself in a hotel room. I think it was during a low phase, that would have passed if he hung in there.

Another thing--Robin Williams was having mental issues too, because of his illness. I think it was People Magazine that told of his family noticing him being obsessed with little things----One was a watch. He thought people were plotting to steal it,etc. The family said Robin was distressed over his mental state.


I'm sorry about your brother.

What you said about him brought to mind this quote from a man who survived jumping off the Golden Gate Bridge in a suicide attempt:

As he crossed the chord in flight, Baldwin recalls, “I instantly realized that everything in my life that I’d thought was unfixable was totally fixable—except for having just jumped.”

http://www.newyorker.com/magazine/2003/10/13/jumpers
 
As far as I understand the law, covered entities are direct providers of care--doctor, nurses, pharmacies,etc. I don't think a spouse is considered a covered entity under the law. You are correct that HIPAA scares some medical practitioners and some go overboard. I remember when HIPAA was a new law and some doctor's offices made it a practice to not call patients by their name in front of other patients. Eventually most figured out this was overkill.
 

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