New Haley privacy complaint filed

TAMPA -- A veterans' group has filed a patient privacy complaint against the Department of Veterans Affairs regarding a forum held by U.S. Rep. Ginny Brown-Waite at the James A. Haley VA Medical Center in Tampa last month.

The complaint by Operation Firing for Effect, a Rochester, N.Y., nonprofit group that says it advocates on behalf of veterans, accuses the VA of violating patient confidentiality at the Dec. 28 forum by displaying medical records without prior patient approval.

It's the second complaint about the forum, which Brown-Waite held to discuss allegations about unlicensed psychologists at Haley. The first complaint was filed earlier this month by Jim King, a Republican political opponent of Brown-Waite, R-Brooksville.

Both the VA and Brown-Waite's office have denied any breach of confidentiality and called the display of records at the forum a visual aid.

At the forum, Haley's chief of staff, Dr. Edward Cutolo Jr., displayed a large pile of patient notes by unlicensed psychologists. More than 97 percent, he said, had the appropriate signature signifying that a supervisor had reviewed and approved them.

The actual contents of the notes were not visible to the audience, and VA officials said nobody inappropriately viewed them.

Brown-Waite is the ranking member of the U.S. House Veterans Affairs Subcommittee on Oversight and Investigations. A staff member of that committee said he confirmed the supervisory signatures on the notes but did not examine the actual contents.

The newest complaint was filed Jan. 6 with the Department of Health and Human Services, which can look into concerns about a breach of patient confidentiality at a medical facility. It has not yet responded to the complaint.

"What makes this more egregious is these files are for individuals being treated for mental and emotional conditions, and any chance of public exposure is completely unacceptable," said Gene Simes, who heads Operation Firing For Effect.

Haley is the nation's busiest VA hospital.

- William R. Levesque, Times staff writer

Comments

[William Gast USN (ret)]

Brown-Waites's actions here are totally unacceptable and calls for immediate response from the Justice Department. Truly a case of "Who is watching the watch dogs?" If veterans can not trust that their health records are protected by a House Veterans Subcommittee on oversight, who can be trusted? Many of these very people that had their case history PUT BEFORE AN AUDIENCE ON A VISUAL AID SCREEN are the patients that need the privacy protection. More than an apology from Brown-Waite and the V.A. is required in this violation of the privacy act. The legislator should be removed from that committee soley based on her disregard for laws and regulations protecting veterans. Evidently Ms. Brown-Waite considers those laws and regulations to be for OTHER people? No check for proceedure or legal requirements prior to this public "forum?" It is absolutely amazing that these people consider that if only a "part" of the veterans record was shown its ok? ie;
"The actual contents of the notes were not visible to the audience, and VA officials said nobody inappropriately viewed them." Isn't that like being "just a little bit pregnant?" ANY review or opening of a vets record must be by their permission. We want this issue to stay in front of the media and not be swept under the rug. Obviously, Jim King should be thanked for his coming forward with this information. We support his legal action and sincerely hope that the vets of Haley get a fair shake