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(Courthouse News Service)   Hi. I'm from the IRS. Can I have 10 million medical records? No, I don't have a warrant--don't need one, just give them to me, especially them CA state judge ones. Also, while I'm here, I'm going to watch the NCAA tournament   (courthousenews.com) divider line 21
    More: Asinine  
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1686 clicks; posted to Politics » on 16 May 2013 at 9:01 AM (48 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-05-16 09:07:50 AM
You forgot to say baby at the end of that.
 
2013-05-16 09:10:09 AM
Who is John Doe?
 
2013-05-16 09:10:25 AM
"Adding insult to injury, after unlawfully seizing the records and searching their intimate parts...."

Wait.  Records have intimate parts?
 
2013-05-16 09:10:58 AM
I think we should bring this issue before the court, preferably the state courts in California.
 
2013-05-16 09:17:29 AM

Mudgen: "Adding insult to injury, after unlawfully seizing the records and searching their intimate parts...."

Wait.  Records have intimate parts?


businesses are people right? people have intimate parts, so it only goes without saying that a business must also have intimate parts. Think, every time you enter your place of business, you are actually entering one of its orifices. It might be on the sexy ones, you never know.
 
2013-05-16 09:18:28 AM

Boeheimian Rhapsody: Mudgen: "Adding insult to injury, after unlawfully seizing the records and searching their intimate parts...."

Wait.  Records have intimate parts?

businesses are people right? people have intimate parts, so it only goes without saying that a business must also have intimate parts. Think, every time you enter your place of business, you are actually entering one of its orifices. It might be one of the sexy ones, you never know.


ftfm - too eary, need coffee.
 
2013-05-16 09:18:36 AM

Mudgen: "Adding insult to injury, after unlawfully seizing the records and searching their intimate parts...."

Wait.  Records have intimate parts?


What about your annex? or your long form?
 
2013-05-16 09:21:52 AM
Just, WOW! Almost unbelievable...
 
2013-05-16 09:22:08 AM
     Plaintiff's attorney Robert E. Barnes declined to elaborate on the complaint's allegations, saying he will have more information "in a few months."
     "I had to file to protect against the statute of limitations being an issue, but am still investigating all facts," Barnes told Courthouse News in an email.
 
2013-05-16 09:25:08 AM
So the IRS came in looking for financial records, and these geniuses imagined they could shield themselves from prosecution by storing all their financial data on the same servers they use to store unencrypted medical records?

Let us know how that works out.
 
2013-05-16 09:41:17 AM

Mudgen: "Adding insult to injury, after unlawfully seizing the records and searching their intimate parts...."


It's okay; the records have a way of shutting that down so HIPAA isn't violated.
 
2013-05-16 10:01:40 AM

The Larch: So the IRS came in looking for financial records, and these geniuses imagined they could shield themselves from prosecution by storing all their financial data on the same servers they use to store unencrypted medical records?

Let us know how that works out.


seriously?  they did that?  lulz.
 
2013-05-16 11:00:55 AM
"Adding insult to injury, after unlawfully seizing the records and searching their intimate parts, defendants decided to use John Doe Company's media system to watch basketball, ordering pizza and Coca-Cola, to take in part of the NCAA tournament"

I am finding this difficult to believe. I could be wrong of course, but this just doesn't seem likely.
 
2013-05-16 11:00:59 AM

Grand_Moff_Joseph: The Larch: So the IRS came in looking for financial records, and these geniuses imagined they could shield themselves from prosecution by storing all their financial data on the same servers they use to store unencrypted medical records?

Let us know how that works out.

seriously?  they did that?  lulz.


We don't know what they did. Here is the class action complaint.

Basically, the anonymous company or companies filing the lawsuit ("John Doe Company") claims the IRS came in to check the financial records of a former employee and demanded to review virtually every bit of data the Company had on-site, from medical record servers to cell phones, despite knowing that HIPAA protects the privacy of people's medical records.

Seems like definite overreach if true, but a lot of this probably depends on what company this is and who the former employee is. I can't imagine you would send 15 agents to review the financial records of a single employee unless they were a major officer whose departure from the company was a little wonky (gave up his title when he ran into legal troubles but is still a majority shareholder or something.) If that's not the case and there was no reason to suspect HIPAA was being used to try to shield this employee's financial information then we have a major problem.

One thing I don't get: how is the company claiming both that the IRS agents involved had their identities shielded from identification by the company and claim that the agents involved had a recorded history of policy violations and legal troubles of their own?
 
2013-05-16 11:24:49 AM

WayToBlue: "Adding insult to injury, after unlawfully seizing the records and searching their intimate parts, defendants decided to use John Doe Company's media system to watch basketball, ordering pizza and Coca-Cola, to take in part of the NCAA tournament"

I am finding this difficult to believe. I could be wrong of course, but this just doesn't seem likely.


I don't think that is completely ridiculous, except to suspect that they received authorization beforehand. Any time I've been involved with any sort of records review the officer/insurance adjuster/etc. has taken meal breaks and used that time for personal business as well (we don't have any TVs though). Of course, they always asked if they could order something in and these were pretty genial events compared to the company's version of events. Not fun, but the people involved always tried to be friendly/not make it confrontational.

Also of note: raid happened 3/11/11. Complaint filed 3/11/13. It's only making headlines now because the IRS is already in the news over the other scandal.
 
2013-05-16 12:41:57 PM
Now lets pretend for a moment the facts as presented in this suit are true

Per unlawful release of protected health information it would cost the health care firms in question 15k per

So they are asking for the IRS to cover their criminal fines plus 10k (which I imagine will probably cover their later legal fees) at a minimum

And if true the IRS agents involved get 1-5 per individual release of information... so they have some jail time coming
 
2013-05-16 12:54:04 PM
lantawa (farkied: Is that Swahili for "knucklehead"?): Just, WOW! Almost unbelievable...

Actually, at first reading, TFA looks like the sort of unhinged nuisance lawsuit filing that we've come to expect from Orly Taitz.

That said...good to have you aboard!  It's good to see that you and the rest of the wingnuts have finally got it through your heads that the Fourth Amendment is important.  That the War on Civil Liberties Terror and the War on Civil Liberties Drugs are no cause to infringe on people's rights.

Does that mean, then, that the next time a Republican president starts telling lies to gin up a war, and when Son-Of-"Patriot"-Act is before Congress, you won't be calling people traitors for daring to object?
 
2013-05-16 12:57:26 PM
There are 10 million California judges?
 
2013-05-16 01:29:21 PM
they just can't wait until 2014?

curious how badly an organization that likes to play politics with their auditing and likes to leak confidential tax documents of their political adversaries wants our personal medical records.
 
2013-05-16 01:46:37 PM

Lee Jackson Beauregard: lantawa (farkied: Is that Swahili for "knucklehead"?): Just, WOW! Almost unbelievable...

Actually, at first reading, TFA looks like the sort of unhinged nuisance lawsuit filing that we've come to expect from Orly Taitz.

That said...good to have you aboard!  It's good to see that you and the rest of the wingnuts have finally got it through your heads that the Fourth Amendment is important.  That the War on Civil Liberties Terror and the War on Civil Liberties Drugs are no cause to infringe on people's rights.

Does that mean, then, that the next time a Republican president starts telling lies to gin up a war, and when Son-Of-"Patriot"-Act is before Congress, you won't be calling people traitors for daring to object?


You farkied me as Swahili-knucklehead guy? Ain't nobody got time for that....

i466.photobucket.com
 
2013-05-16 10:21:02 PM
1. There's no HIPAA case.  It is not a breach of protected health information to comply with a warrant (in fact, it's legally required).

2. The fact that the warrant didn't specify seizing these records means nothing.  The government doesn't need a warrant for every file on your hard drive to take the entire thing.  Just because you also store PHI doesn't somehow make your whole server immune to court seizure.
 
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