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

[ModernAudrey]

Wow! Just wow! Need I say I am shocked? Always shocked...

So this Dr. Roy H Purple Truck obtains - at the very least - the email addresses of at least some of the patients of the late TS. He then composes and sends an email to these patients under the name of MS, inviting them to purchase supplements from Dr. Purple Truck and to call him if they have any questions! Thus, if any one of these patients did call him and ask him questions about their own specific health problems/concerns and he answered them, he would indeed be "practicing medicine in Florida", right?

(RSBM)



AlwaysShocked, thank you... I will never be able to think of this guy as anything other than 'Dr. Roy H. Purple Truck' again. [emoji38]

 

[msboo]

The senders name is info@RHHcenter.com which was one of the office emails.

Thanks, sherribear.... what I thought. I'm a tech dummy BUT tech pros can track that email back to the sender UNLESS it will only track back to RHH email set-up? IDK The sender was probably Dr Heilbron sending emails from one of the 'Purple Truck Computers'.... or one of his own, set-up to receive supplement orders. At first I suspected BS may have sent them to help MS.

Any WS tech nerds here? 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?

 

[sherribear]

Here's a link for information on HIPAA complaints if any of TS's patients are concerned that RH may have their medical records.



http://www.hhs.gov/hipaa/filing-a-complaint/index.html

Thanks you for this link. I am going to file a complaint.

I don't know if anyone posted what the email said, so I am going to post it here:

"Dear Patients and Friends:

It has been brought to my attention that you may no longer be able to order supplements under Theresa's account after March 2016.
You may order your supplements from any doctor who is affiliated with Xymogen. I was able to reach out to one of Teresa's colleagues who is an MD
(and a integrative & holistic physician) located in Boca Raton. Dr Roy has been using Xymogen for some time now and has extended his privileges to Teresa's
patients under his account "HEILR". If you have any questions about Xymogen Supplements, you may contact him directly on his cell phon

Take Care & G-d Bless you all,

Mark Sievers"

Note the how he misspelled Teresa's name as well as other misspelled words. He also says you can call Dr. Roy on his cell phone but then
doesn't leave a number.

Just thought I would post this for those that didn't get an email and wanted to know what it said.

 

[FelicityLemon]

Earlier, I said I did not get an email but I found it in the "Promotions" in-box that I hadn't noticed before. Since MS is in jail and supposedly "Dr. Roy" is now the salesman of record with Xymogen, I'd think that the shyster "Dr. Roy" himself is the one who sent it out using MS's name as the reference trying to make it look legit. I think he's behind this whole email thing, using the customer list suppiled or sold by MS. The crazinesss in this case never ceases to amaze me.

FRAUD

It's fraud because it goes beyond the appropriation of a murdered doctor's patient list - which should be reported to the medical board. If I were a patient, I would be furious that my personal information has been compromised.

FRAUD

Seriously, it's fraud. He - and we know it's Roy Heilbron not MS sending that email using an email account that is NOT his, through a medical practice that is NOT his, and sending it representing to be someone who he is NOT.

FRAUD

Disingenuous to say the least is using the name of "Dr. Roy" instead of his full name in the (alleged) hope that no one would google his full name to find his unethical/illegal activities, but the chutzpah-hubris? by using part of his last name as the code.

FRAUD

In my ever-lovin' opinionated opinion.

 

[JolietJake]

Thanks you for this link. I am going to file a complaint.

I don't know if anyone posted what the email said, so I am going to post it here:

"Dear Patients and Friends:

It has been brought to my attention that you may no longer be able to order supplements under Theresa's account after March 2016.
You may order your supplements from any doctor who is affiliated with Xymogen. I was able to reach out to one of Teresa's colleagues who is an MD
(and a integrative & holistic physician) located in Boca Raton. Dr Roy has been using Xymogen for some time now and has extended his privileges to Teresa's
patients under his account "HEILR". If you have any questions about Xymogen Supplements, you may contact him directly on his cell phon

Take Care & G-d Bless you all,

Mark Sievers"

Note the how he misspelled Teresa's name as well as other misspelled words. He also says you can call Dr. Roy on his cell phone but then
doesn't leave a number.

Just thought I would post this for those that didn't get an email and wanted to know what it said.

I filed my complaint today. Maybe if enough complaints are filed, they will get an idea of what's going on and will investigate things further, although I'd have to think they are aware of it by now.

JJ.

 

[RANCH]

I did billing years ago in the late 1990s (1999?), and all of the billing for Medicare and most of the insurance companies we accepted were transferred electronically. We would get a paper "receipt" of sorts at the end of the transfer for documentation purposes, but the visit/procedure codes were sent directly over the net to the provider. If there was a problem with the coding or if the insurance wanted more information, they would call or contact the office for us to (back then) fax a copy of whatever biopsy, office visit notes, etc. to justify the code/cost. It is a complicated and time-consuming thing (it is a specific profession w/i the medical field) to code visits correctly to receive reimbursement, which is why so many doctors are stepping away from it. Boutique providers is what they are called, and generally will do a LOT more for less money if one looks at it as a "big picture." Many will take personal phone calls at any time, make home visits at any time and will spend a lot more time at a visit as opposed to herding cattle with 15 minute visits, which is what Teresa did - spend time with her patients.

The original question is about a doctor who does not bill insurance or medicare and only accepts cash directly from patients. Do those health care providers have to comply with HIPPA?

 

[Turtles]

BBM It is my understanding that "conduct certain business electronically pertains to billing electronically. If I remember correctly the same rules do not apply when it comes to emailing a patient. Certain privacy is expected and safeguards in place generally for an email but are no where near as stringent. I am not sure what the ramifications are of sending out an email (Has identifying information) from an obviously deceased practitioner. Have only been able to skim lately, did the emails come from TS's practice email or from MS's? JMO/E

What does "conduct certain business electronically" mean? Does it include sending e-mails to patients?

http://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html

 

[Turtles]

It is my understanding that if an office does not bill insurance, they are not governed by HIPAA. For instance: A free clinic that does not bill insurance and only does a cash business will not have to adhere to HIPAA guidelines as they are not transmitting protected private information.
http://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html




Who Must Follow These Laws

We call the entities that must follow the HIPAA regulations "covered entities."

Covered entities include:

Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Most Health Care Providers—those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Health Care Clearinghouses—entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa

The original question is about a doctor who does not bill insurance or medicare and only accepts cash directly from patients. Do those health care providers have to comply with HIPPA?

 

[La Louve]

I'm pretty sure Protected Health Information (PHI) is covered by HIPPA whether you pay a health provider in cash or an insurance company is involved. When I worked as a telecom paralegal, we researched our HIPPA responsibilities if we sold broadband services to health providers, and any PHI data that was transmitted over our service was covered under HIPPA (ETA irrespective of how the services were paid for).

Protection and Confidential Handling of Health Information

The HIPAA Privacy regulations require health care providers and organizations, as well as their business associates, develop and follow procedures that ensure the confidentiality and security of protected health information (PHI) when it is transferred, received, handled, or shared. This applies to all forms of PHI, including paper, oral, and electronic, etc. Furthermore, only the minimum health information necessary to conduct business is to be used or shared.

DHCS has a Privacy Office that oversees compliance on all state and federal privacy laws, including HIPAA.

http://www.dhcs.ca.gov/formsandpubs/laws/hipaa/Pages/1.00WhatisHIPAA.aspx

ETA A real life example is my dentist, who does not bill insurance companies. According to her website (and my experience) my information is still private and protected under HIPPA.

 

[Alice253]

The original question is about a doctor who does not bill insurance or medicare and only accepts cash directly from patients. Do those health care providers have to comply with HIPPA?

Having just retired after being in healthcare for over 35 years , I can tell you absolutely yes. All hc entities are subject to HIPAA (Health Insurance Portability and Insurance Act), as well as any business associates. This part of HIPAA has to do wirh protection of every patient's PHI (protected health information). This includes any info about health conditions, provision of care, or payment for healthcare that is created or collected by a "covered entity" and can be linked to a specific individual. Includes any part of the medical record or payment history. Examples of PHI would be names, specific addresses, phone numbers, email addresses, social security numbers, medical record numbers, etc. I can also tell you the federal Department of Health and Human Services takes this very seriously if they think a breach has occurred.

Sent from Wonderland

 

[La Louve]

It is my understanding that if an office does not bill insurance, they are not governed by HIPAA. For instance: A free clinic that does not bill insurance and only does a cash business will not have to adhere to HIPAA guidelines as they are not transmitting protected private information.
http://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html




Who Must Follow These Laws

We call the entities that must follow the HIPAA regulations "covered entities."

Covered entities include:

Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Most Health Care Providers—those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Health Care Clearinghouses—entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa

From the website you linked:

http://www.hhs.gov/hipaa/for-individuals/medical-records/index.html

A health care provider or health plan may send copies of your records to another provider or health plan only as needed for treatment or payment or with your permission.

The Privacy Rule does not require the health care provider or health plan to share information with other providers or plans.

HIPAA gives you important rights to access your medical record and to keep your information private.

Nowhere does it qualify those rights as only protecting your information if your care is covered by health insurance.

 

[Alice253]

Having just retired after being in healthcare for over 35 years , I can tell you absolutely yes. All hc entities are subject to HIPAA (Health Insurance Portability and Insurance Act), as well as any business associates. This part of HIPAA has to do wirh protection of every patient's PHI (protected health information). This includes any info about health conditions, provision of care, or payment for healthcare that is created or collected by a "covered entity" and can be linked to a specific individual. Includes any part of the medical record or payment history. Examples of PHI would be names, specific addresses, phone numbers, email addresses, social security numbers, medical record numbers, etc. I can also tell you the federal Department of Health and Human Services takes this very seriously if they think a breach has occurred.

Sent from Wonderland

ETA, covered entities are any hospital. Doctor, or health insurer, etc. It does not matter if insurance is accepted or not.

Sent from Wonderland

 

[Turtles]

If a Dr. is paid in cash and has no reason to bill an external source or send a report to an external source, no HIPAA protected information is exchanged. It is when protected information is used in a certain way or exchanged with an external source the rules are in force.

HIPAA also applies to covered entities’ business associates (i.e., third parties that perform certain functions or activities that require the use of personal health information (PHI) including, for example, claims processing or administration). Entities that provide data transmission of PHI on behalf of a covered entity (or its business associate) and that require access on a routine basis to that PHI (such as regional Health Information Organizations (HIOs)) are considered to be business associates under HIPAA. Health information organizations that facilitate the exchange of electronic PHI primarily for treatment purposes between and among several health care providers.

May I add that I work in a hospital that is governed under the rules of HIPAA and have only seen case scenarios in classes that touch on the "providers" who do not transmit patient information to an external source.


https://www.healthit.gov/patients-families/faqs/who-must-follow-hipaa

I'm pretty sure Protected Health Information (PHI) is covered by HIPPA whether you pay a health provider in cash or an insurance company is involved. When I worked as a telecom paralegal, we researched our HIPPA responsibilities if we sold broadband services to health providers, and any PHI data that was transmitted over our service was covered under HIPPA.



http://www.dhcs.ca.gov/formsandpubs/laws/hipaa/Pages/1.00WhatisHIPAA.aspx

 

[tlcya]

Some posts were moved from other threads to this more topical thread about the emails.

 

[Turtles]

I am sure that I am not writing what my mind is trying to say. Maybe this link will help as forming cohesive sentences is not happening for me today:
Covered entity's are governed by HIPAA as electronic information is sent from the entity to an external source.
http://www.drjarodcarter.com/hipaa-and-cash-based-healthcare-practices/



From the link above:
Even if your answer to the title question is “no” and you are not a “covered entity,” you still have to conform to the standards of practice and privacy ethics as outlined in your state’s practice act.

From the website you linked:

http://www.hhs.gov/hipaa/for-individuals/medical-records/index.html



Nowhere does it qualify those rights as only protecting your information if your care is covered by health insurance.

 

[RANCH]

I'm not sure what a covered entity is under HIPPA. It doesn't make any sense that a doctor who only accepts cash can spread a patients medical information all over the place with no repercussions. Does that mean they don't have to provide patients their records under HIPPA rules either?

Who must comply with HIPAA privacy standards?

Health care providers who conduct certain financial and administrative transactions electronically. These electronic transactions are those for which standards have been adopted by the Secretary under HIPAA, such as electronic billing and fund transfers.

What financial and administrative transactions are they talking about? Does it only have to do with billing insurance company's?

http://www.hhs.gov/hipaa/for-profes...omply-with-hipaa-privacy-standards/index.html

 

[La Louve]

If a Dr. is paid in cash and has no reason to bill an external source or send a report to an external source, no HIPAA protected information is exchanged. It is when protected information is used in a certain way or exchanged with an external source the rules are in force.

HIPAA also applies to covered entities’ business associates (i.e., third parties that perform certain functions or activities that require the use of personal health information (PHI) including, for example, claims processing or administration). Entities that provide data transmission of PHI on behalf of a covered entity (or its business associate) and that require access on a routine basis to that PHI (such as regional Health Information Organizations (HIOs)) are considered to be business associates under HIPAA. Health information organizations that facilitate the exchange of electronic PHI primarily for treatment purposes between and among several health care providers.

May I add that I work in a hospital that is governed under the rules of HIPAA and have only seen case scenarios in classes that touch on the "providers" who do not transmit patient information to an external source.


https://www.healthit.gov/patients-families/faqs/who-must-follow-hipaa

RS&BBM Correct, but the patient's protected health information is still protected by HIPPA regardless of how the patient's care is paid for.

Just curious, does the hospital you work for treat uninsured patients?

 

[Turtles]

I am not saying only those that accept insurance are covered entities, only that not all providers are covered entities.

Covered Entities

Covered entities are defined in the HIPAA rules as (1) health plans, (2) health care clearinghouses, and (3) health care providers who electronically transmit any health information in connection with transactions for which HHS has adopted standards. Generally, these transactions concern billing and payment for services or insurance coverage. For example, hospitals, academic medical centers, physicians, and other health care providers who electronically transmit claims transaction information directly or through an intermediary to a health plan are covered entities. Covered entities can be institutions, organizations, or persons.

Researchers are covered entities if they are also health care providers who electronically transmit health information in connection with any transaction for which HHS has adopted a standard. For example, physicians who conduct clinical studies or administer experimental therapeutics to participants during the course of a study must comply with the Privacy Rule if they meet the HIPAA definition of a covered entity.
https://privacyruleandresearch.nih.gov/pr_06.asp

ETA, covered entities are any hospital. Doctor, or health insurer, etc. It does not matter if insurance is accepted or not.

Sent from Wonderland

 

[La Louve]

The original question is about a doctor who does not bill insurance or medicare and only accepts cash directly from patients. Do those health care providers have to comply with HIPPA?

BBM Bringing this forward.

:truce:

 

[Turtles]

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.

RS&BBM Correct, but the patient's protected health information is still protected by HIPPA regardless of how the patient's care is paid for.

Just curious, does the hospital you work for treat uninsured patients?