HIPAA Violation? Or Excuse for Control?

When videographers tried to document Kurt Hoffman being taken out of the Keene District Court on a stretcher, they were met with extreme resistance, forced into a side room, and issued threats of being penalized for violating HIPAA.

Not once has anyone been able to show us the text of HIPAA that restricts people from recording patients in public. In fact, you may be surprised to see that in the video below, a videographer in Keene openly records the scene of an accident and the patient, without his consent, and the police don’t even seem to acknowledge it as an issue.

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ELKFARTtheTROLLSLAYE

Invoking HIPAA in this instance is pure bullshit, just as when City Mangler John MacClean invented that "police officers bill of rights", when Ian confronted him about Ron Leslie's theft of Ian's blackberry…NOTE TO RON LESLIE: Dude, that was a really slick "snatch-&-grab"! Congrats! Makes great video. I hope you don't "get in trouble" for it…YEAH, RIGHT, Huh???…*grin*…SEMPER FIDELIS MORBIDUS!(ever faithful unto death…)/// These people(bureau-craps) will say anything, just because they know they can. Wha' chu gonna do 'bout it, huh?…You just can't let this one go, can you, Ian???…You did get your phone back, right???…

Ian

Nice juxtaposition, Nick.

Chaz Munro

It would also be great for log-jamming the system we are presumably striving to abolish, to file a lawsuit or 20 against the fools perpetrating the injustices against ordinary people.

The really good news is that lunacy calling itself the Keene/Cheshire Co. gov't is so closed knit that it would only take one victory in their courts to make the rest of them straighten up and behave themselves. These jokers are bonded & any threat to their bonds/insurance would have them on the run.

steve

Power hungry egomaniacs. Subject to "ffpenalty". Rehearse your lies before you spout them.

The scariest part is these incidents occur more often that most people know because of the lack of journalists and videographers willing to take risks and hold people accountable.

Great job guys.

ELKFART

Steve: What do you mean by "ffpenalty"???…please reply. Thanks.

steve

Listen to what the EMT says.

"…you are subject to ffpenalty".

😛

War Horseman

Sounds like he was about to reflexively say "fines" but caught himself?

I have to watch this again, I don't quite catch what's happening at the 0:46 mark.

&rnld

I do just want to throw it out there that HIPAA is an important PRIVACY law… one that protects an individual's right to confidentiality and privacy at a most basic level – their personal health information. I understand that you guys want to have your fun at the expense of this EMT, but HIPAA is one of the laws that I would think you would respect and appreciate as it protects the rights of the individual's privacy. A fundamental right that appears to be a focus of this group/movement. Essentially, the law asserts that a patient's right to privacy is… Read more »

Ian

&RNLD,

Oops, guess you didn't know we had explicit permission from the patient to record.

&rnld

Ian, I am aware that Kurt was vocalizing his permission for you to record. I was answering the broader question raised about the text of the law and filming someone who was not giving their consent.

Do you have the patient's consent in writing? Because without it in writing, it is no good. Even with the patient on camera, asking to be filmed, it is no good. All he says is "I was under duress and unaware of what I was saying" and your permission is gone. Get it in writing.

Ian

It's plenty good, especially considering we were in public and knew the patient personally. Even if he changed his mind, he has no expectation of privacy.

Also, how would you suggest getting that in writing from a man on a stretcher surrounded by EMS? I wasn't about to interfere with those guys (even though they falsely claim I did).

Paul

Yes, and because Kurt gave his permission verbally, rather than in written form, it means the EMT must harass people and steal cameras. You're really desperate to excuse abuse of power, aren't you? It's obvious from any honest view of the situation that the man got pissed and lashed out in anger, while using a gross misinterpretation of the law as an excuse. But then, since he's part of the protected gang, when he lashes out, everyone in the gang closes ranks and makes B.S. excuses for him. If any of us lashed out angrily and stole the camera of… Read more »

&rnld

"Also, how would you suggest getting that in writing from a man on a stretcher surrounded by EMS?" It is possible to get it after the fact. I know you hate "forms" but there are forms for that kind of thing. And no, there is no verbal consent in this case, because in regards to Hipaa, verbal consent does not exist. Again, I am only speaking in regards to this law, I am not going to go around and around with you that it is "plenty good" or not. In regards to this law, which you can choose to ignore,… Read more »

Ian

I'm not obligated to obey HIPAA. I'll respect the wishes of someone who requests not to be filmed (unless they work as a government agent). In this case, I honored Kurt's wishes by filming. I have no obligation to fill out their forms.

&rnld

Ian, You are correct, you are under no obligation to comply with the law (or any law) and I respect that. I just happen to have an interest in HIPAA and a patient's right to privacy.

I would call this exchange of comments civil.

name(required)

Ian, Everyone has had a run in with some insecure cop who feels the need to bully or exert their will on a stranger. I think you can find common ground there with just about everyone. Your idiotic obsession With Keenes Parametics, however, is certainly your most toxic and shortsighted of ineffectual crusades. My guess is that you probably haven't been present at many real accident scenes, let alone been in charge of one. How many dead children have you dragged out of a burning car? How many people a year died while you were performing CPR in an attempt… Read more »

Ian

What obsession? We simply filmed these people doing their jobs and did not interfere in any way. (Why would we? I wanted my friend Kurt to get help!) I thought EMTs were helpful people and still do. One of them lost his cool.

We interviewed the city manager about employees stealing. Sam and Meg turned that into a video.

Nick made a video comparing the govt EMT crew to the private EMT crew.

If you call that obsession, you need to check your definitions. That's just follow-up.

Paul

"Make the accident safe"?! And that requires going around snatching cameras from people who are quietly filming. Ian was safe, but his camera just might have jumped out and attacked Kurt. Brilliant. The mental gymnastics you sycophants go through is astounding. Oh, and fantastic idea that if your job is useful, that gives you an excuse to have outbursts of anger and violence against people. Tell you what, why don't I give it a shot: next time I feel angry, I'll just haul off and punch someone, or snatch something from them. Then, in front of the judge, I'll explain… Read more »

Max the Communist

http://www.hhs.gov/ocr/privacy/hipaa/administrati

just so we're all on the same page

CJS

@ NAME(REQUIRED) Do you understand the EMT committed a crime by "snatching" some one personal property ? If Ian was the one snatching a phone he would have been cuffed and jailed in a heart beat. So go ahead and keep making excuses for those entrusted with "authority" , I hope your property gets stolen next … oh wait .. your in that special protected class of public employee's I bet .. you and your family get the special dispensation of digression by the cops . HIPPA being interpreted to include the media in the open public is incorrect .… Read more »

END GAME

The comparision video is once again smoke and mirrors…Phil Bantz was more than likely quite a distance away, not yelling and screaming. Sam and your gang well need I say more. More than likely no one even noticed Mr Bantz filming. The video in question was taken after a man rammed his vehicle into a passenger bus, in an attempt to kill himself. Your goverment EMT's/Firemen we busy putting out a bus fire, and helping those left on the highway. Why do you not realize that your gang escalated a situation uneccesarily by harrasing these EMT's, regardless of there knowledge… Read more »

HECAITOU

OK, ENDGAME, &RNLD, & NAME(REQUIRED), I'm calling *ALL* of your asses out, right here & now. If you can prove me wrong, I will gladly apologize here. Max the Commie has posted the whole HIPAA text above. ANY OF YOU CITE WHICH SPECIFIC HIPAA SECTION FORBIDS FILMING IN PUBLIC???…Yes?….NO?…I'm WAITING!…..I'd rather you not be full of crap, but I think you are. C'mon! Where in HIPAA does it say Ian can't film in Public???…/////….*HOW* *would* I *would* know *would* that *would* be, *would* you, FRED???……don't deny the truth, kiddo…/////…HIPAA deals with *PERSONAL HEALTH CARE DATA & MEDICAL RECORDS! Um, OK,… Read more »

HECAITOU

You're such a fucking tool, END GAME. I didn't recognize "Phil Bantz" as a Slantinel toady…So you're saying *NONE* of DiLuzio's EMT, or KeeneFire, *noticed* Bantz filming ???….Um, you saying he had a *TELEPHOTO* lens on his video camera???…Yes, the guy rammed a bus. This was about the exact same time that a female state trooper was spraying bullets at his truck!…and, wasn't the guy partly wigged out on *legitimate Rx's*???…More bullshit, and some poor, innocen bus driver gets critically injured. One reason I like the FreeKeeneStaters so much is they produce less collateral damage than STATISTS do!

HECAITOU

Taps for you, ENDGAME. As for your post #85198, above, there's more, so thanks for opening your mouth so wide for your foot. In the bus crash vid, what do we see? EMT's, cops, fire,etc, are all working, focused, quietly doing their jobs. Very professional, very efficient. Doing their *JOBS*…Now, in the court w/Kurt, what do we see? Sheriffs/cops, running around like drunken ants, confusion, shouting, god only knows what's really going on. Why? *BECAUSE * they are serving as the lackeys for *INCOMPETENT*, *CORRUPT*, MEAN-SPIRITED, fascist(*FASCIST*) STATISTS, which is NOT THEIR JOB. So, in reality, Ian & the Freestaters/Keeners… Read more »

End Game

HECAITOU,

why are you so hateful

theKINGofKEENE

END GAME writes: …"why are you so hateful"…..///…guess that means you're admitting defeat, END GAME!….YOU LOSE! Wanna try *ROUND 2*???….(…I support the imminent military coup…)…

END GAME

so every time Ian asks why I or someone else is so hateful he admits defeat…..What say you KooK. Rest assured that I would never admit defeat to the likes of you

Paul

Eg, whenever you feel you can take a break from defending thuggish behavior, I'd appreciate a response here: http://freekeene.com/2009/11/07/join-us-for-socia

onederbred

HIPPA laws have nothing to do with patient privacy when it comes to treatment. It has nothing to do with your identity while receiving treatment. HIPPA is about medical records and keeping them private; except when they need to be shared with other physicians, then they can be shared without patient consent. Below is a brief overview of what HIPPA covers and who must abide by these rules. I find it amusing that it says most Govt. agencies don't have to follow these rules… but when do they ever follow their own rules? http://www.hhs.gov/ocr/privacy/hipaa/understandin… What if someone just stood outside… Read more »

END GAME

Paul, I highly doubt that with ever happen, my liberty loving friend….I could not sit in the same room with Ian and/or Sam and listen to their oral diarrhea

Paul

No, I meant a response to my post in that thread ;).

I'd go grab lunch with you once I get to Keene though, one on one. If I were you I wouldn't exactly want to be that outnumbered either.

End Game

@ Paul I do believe that laws that are deemed immoral for some such be enforced until they are changed through the political process that we as a nation utilize. If one deems a law immoral and chooses to disregard it, he should accept the consequence of their decision. With this acceptance they should take the punishment on their feet, and work to change it though a due process. I am a firm believer in majority rule, that is what drives a society. The alley scenario is a question of morals, it is an obvious catch 22 on my part.Raping… Read more »

steve

Endgame,

majority rule = mob rule

Why we live in a republic and not a democracy…

Milton Friedman puts it well…
https://www.youtube.com/watch?v=lMb_72hgkJk

Paul

So, say you helped a slave along the underground railroad. Are you saying you would then turn yourself in? What if you were a policeman in those days, and an slave came shivering to your door. Would you help them along their way, or send them back to their "master", likely to be shot, because it was the law? What if you were a police officer, and knew of someone who was helping slaves escape along the underground railroad. Would you stop them, or arrest them? If you want my view, I think that no man should ever do what… Read more »

theKINGofKEENE

On Wednesday, November 18, 2009, @ 8:03 am, END(lesslylame)GA-ME-gashit wrote:—->"so every time Ian asks why I or someone else is so hateful he admits defeat…..What say you KooK. Rest assured that I would never admit defeat to the likes of you"//->……—->Never fighting means never being defeated. Never being defeated means never winning. *THAT* is where you delude and deceive your self, my little grasshopper END GAME…So, I guess, yes, I do agree with you, END GAME. You would never admit defeat to the likes of me, either. At least, I don't think you would, would you???…

theKINGofKEENE

END GAME, why don't you just admit that you were posting shit comming out your ass, and that, no, HIPAA doesn't deal at all with "filming persons receiving medical treatment"or whatever, …as you were trying to claim…&ANSWER THE QUESTION: Granted that you state you believe in "MAJORITY RULE"…do you believe in *MINORITY RIGHTS*, or do you prefer the old *TYRANNY OF THE MAJORITY*…???…If I can't really even begin to hate, say, Eliezer "Eli" Rivera for attacking and caging Kurt, then turning around & playing *POLICE*PERSECUTOR*,…why should i hate anything, or anybody???…C'mon???…

End Game

While I would advocte sensless violence KooK I would probably enjoy squaring of with you. The EMT's interpertation of HIPPA was wrong….unless the patient requested his privacy it, which it seems he didnt. Until we meet on the street then

Jasper

Thou shalt not talk shit on the internet.

"Until we meet on the street, then." and "I would probably enjoy squaring of with you."

Educated discourse.

END GAME

Jasper

sure, as long as it goes both ways, you interpertation should be. "Statists shall not talk shit on the internet, but for us its OK". Double Standard using MFr

Let's move on..

I have now done some research after listening to quite a barage of opinion and very few facts. The key HIPAA regulations that affect EMS providers such as those videotaped that day are the "Privacy Rule" which became effective in April of 2003. Certain information is referred to as "protected health information" or "PHI". PHI can be a wide range of things such as the individuals past medical history, information on current medications they are taking, or even social security numbers. The goal of the Privacy Rule is to keep all PHI confidential and safe from wrongful use and disclosure.… Read more »

theKINGofKEENE

Comment by End Game November 18, 2009 @ 10:32 pm "While I would advocte sensless violence KooK I would probably enjoy squaring of with you. The EMT’s interpertation of HIPPA was wrong….unless the patient requested his privacy it, which it seems he didnt. Until we meet on the street then" Am I the only person on here who is wondering how close this comes to actually being a legitimate threat? Should I be concerned from my safety from this "END GAME" guy? Does anybody know him? The obvious desire for violence on "enough's" part seems to also indicate a paranoid/psychotic… Read more »

Endgame

Close KooK, but not actual…..

Paul

Let's: Kurt was the patient, and only he has a right to decide what's in his best interest. He wanted to be recorded. The EMT lashed out in anger — and went after Ian's camera, who he hadn't even been speaking with. Then, people like you come up with B.S. excuses. If anyone else lashes out in anger and attacks someone or their property, they're thrown in jail, but if it's a government employee, there's an army of bootlickers like yourself who will move heaven and earth to excuse even the most outrageous behavior. Tazering a kid, disabled person in… Read more »

Paul

Oh, and endgame, when you get a chance, I'd appreciate an answer to my questions above.

smeg

i just want people here advocating that HIPPA protects someone's rights to know that nothing could be further from the truth. my mother has worked with the HIPPA laws in her career since it's inception, and she explained how much damaged this 'patient protection' has resulted in. for starters, it was not created to protect anyone… it was created by a US senator who's wife had plastic surgery, and was embarrassed when the news media reported on it. no other reason. and it has resulted in millions of cases of family members/friends/and other loved ones being unable to assist or… Read more »

Mike

HIPAA had brought a new revolution in the healthcare sector and had made significant improvement especially in mishandling of vital healthcare information of individual patient, but still due to lack of proper HIPAA training, there are incidences of losing or disclosing the patient information from doctor, nurse or from any concern person. The HIPAA training will helps to better understand the implications of HIPAA legislation and identify critical compliance requirements. It helps to better understand HIPAA’s Administrative Simplification Act as well as how to create a framework for initiating and working towards a blueprint for HIPAA Privacy compliance and understand… Read more »

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