Any Dept of Veterans Affairs guys ever have anything like this?

[chiefhuntr]

A Fulton man says his federal privacy rights were violated when Truman Memorial Veterans’ Hospital turned over information about him to detectives investigating the unsolved killing of University of Missouri-Columbia researcher Jeong Im.




Im
Robert Brooks, 44, has submitted a formal complaint with federal authorities, saying the VA hospital violated patient privacy laws by disclosing information about him to the MU Police Department.
Based on information the hospital disclosed, the police department questioned Brooks about the killing and asked for a sample of his DNA, he said.

Spokesman Stephen Gaither acknowledged that the VA hospital had given MUPD detectives "specific information" about a number of patients who were seeing doctors at the hospital on the day of Im’s death last year.

"Upon the advice of our attorneys, we provided information to police," Gaither said.

Shortly after noon on Jan. 7, 2005, Im’s body was found in the trunk of his burning Honda Accord on the third level of the Maryland Avenue parking garage, which is a short distance from the VA hospital. Im had been stabbed multiple times in the chest.

Brooks said he was unaware of the Im killing until MU police Sgt. Shawn Spalding questioned him at the hospital. Brooks, a Navy veteran, said he was finishing a routine monthly visit to the hospital Dec. 23 when his doctor told him an MUPD detective was waiting to see him. "I asked him, ‘Are you sure you have the right Robert Brooks?’ " Brooks said.

Brooks said he asked Spalding why police were questioning him and the sergeant directed him to a room to talk in private. Brooks said Spalding asked whether he could remember where he was between 9 a.m. and 2 p.m. Jan. 7, 2005. "I responded that I doubt it due to the time that had passed, and then I asked him again what this was all about," Brooks said.

Spalding told Brooks he was among a number of patients who fit an FBI profile of the killer.

"Sgt. Spalding finally tells me, ‘You’re a suspect in a murder investigation,’ " Brooks said. "I was in shock."

Brooks said he asked Spalding whether he had a court order or a warrant. He also requested an attorney.

Spalding said he didn’t need a warrant, Brooks said.

Under protest, Brooks said, he submitted two swabs for DNA testing and a hair sample.

"I knew he could obtain a court order to get it, and I wanted to clear my name as a suspect," Brooks said. "Sgt. Spalding replied that I really did not have a choice that they would get my DNA one way or another."

Brooks said Spalding then questioned him about his weight, what type of vehicle he drove and whether he had a hooded sweatshirt or paint masks at home. A description of a person of interest released by MU police involves a slender white man between 6 feet and 6 feet 2 inches tall. Brooks is 6 feet tall and weighs 270 pounds.

"I felt my civil rights had been violated," Brooks said. "I told him that I didn’t mind him using my DNA to clear me from the suspect list, but I wanted it destroyed after I was cleared and not placed in a DNA bank.

"Sgt. Spalding’s response was that my privacy issues with invasion of medical records was with the VA hospital for providing it to him and that his police department will make the final determination on what to do with all the DNA samples he had collected for VA hospital patients."

MUPD Capt. Brian Weimer said in an e-mail that his department will not discuss specifics of the investigation "as far as who we have talked to, what evidences has been collected, and/or will be collected. … We have never identified anybody as a suspect."

On Jan. 17, Brooks filed a complaint with the U.S. Department of Health and Human Services Office of Civil Rights in Kansas City, saying the VA hospital violated federal privacy laws by turning over his records to MUPD.

The Health Insurance Portability and Accountability Act of 1996, known as HIPAA, was designed to protect patients’ identities and medical records. However, a provision in the law allows for "limited law enforcement activities."

Steve Mitchell, an investigator with the Department of Health and Human Services Office of Civil Rights in Kansas City, said an investigation will be necessary to determine whether Brooks’ rights have been violated.

Gaither said the hospital is vigilant about upholding federal HIPAA laws.

By SARA AGNEW of the Tribune’s staff
Published Friday, January 27, 2006

[Ironhead]

I hadn't heard about that specific case.

If all the VA cops provided was a physical description (including height, weight, and race etc.) and did not give any medical or treatment information, I believe that would legitimately satisfy the scope of "limited law enforcement activities." Given that the case was one of murder, and not some petty crime, I think the "invasion of privacy" was warranted and pretty minor.

Sounds to me like someone looking for a meal-ticket in the deep pockets of Uncle Sam. That's just my read on it though

[chiefhuntr]

This is from the V.A. that I work at. I think we should be in the clear. :cool:

[Ironhead]

This is from the V.A. that I work at. I think we should be in the clear. :cool:

I think so too - it sounds as if Regional Counsel was consulted before the imformation was released. That alone should insulate the officers from liability (if there was any at all)

[Piggy]

They went way overboard with HIPPA. It's getting patients hurt. For example, if a patient is transported, the driver can't get any information about a medical history. We've had more than one patient wander off, or do something to injure themselves because the person who brought them to the hospital had no idea what kind of medical problems they have.

But we get similar stuff like this at our facility on a regular basis. We're supposed to ask for help from the local Police all the time, but if they need help we can never provide any information.