Just got a brief note from the OCR that says they are "not able to advise" me on my current problems.
I have pointed out that my current problem stems from the fact that Kaiser did not properly investigate my original complaint about the docviewer.tripod.com site. Either Kaiser didn't even try to get the information on who set up the docviewer.tripod.com site from Tripod, or they are hiding the results of that inquiry and have deliberately lied in trying to pin it on me.
I have also provided the following extract from the OCR's own summary of the HIPAA Privacy Rule:
(6) Administrative Requirements
...There are also whistleblower protections contained in the Privacy Rules preventing the covered entity from taking actions which intimidate, threaten, coerce, discriminate against, or retaliate against whistleblowers.
I have asked the OCR who is supposed to enforce the above Administrative Requirement. If the OCR can't enforce Whistleblower Protections, then how can they expect HIPAA to be enforced at all? Who is going to report a violation when they see Kaiser get away with just blaming the whistleblower? When they see no attorney will step forward to get the facts established in a court of law?
I'm trying to figure out how to address this. In the mean time I would appreciate any continued appeals to political representatives and the OCR. I provide contact information for all of the above here.
Update: The federal OCR office has a toll free number (that oddly leads back to the San Francisco Office). 1-800-368-1019.
Contact information for Richard Campanelli, Director of the Office of Civil Rights
DEPARTMENT OF HEALTH AND HUMAN SERVICES
200 Independence Avenue, SW
Washington, DC 20201
(202) 619-0403 (Voice)
(202) 619-3437 (Fax)
Richard.Campanelli@HHS.GOV
I would appreciate any calls in support of my quest to figure out who is supposed to enforce HIPAA Whistleblower Protections.
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