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Medical records on the curb

Old 08-25-2017, 09:18 AM
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Default Medical records on the curb

I was high bidder at an on-line auction of a foreclosed residential property that was used as a Chiropractor's office. The good doctor died two years ago. Closing is supposed to happen in 3 weeks.

I couldn't gain access but was able to peek through some of the windows. This morning I happen to drive by and see a truck in the driveway, and it's the Property preservation guy who works for the seller (bank)

His instructions are to do a clean out and he invited me in to take a look see. There is, along with the usual trash, a huge filing cabinet filled with patient files.

The bank recently did a final eviction of the deceased doc and all unknown tenants, and standard practice is to put everything on the curb and call the trash Co.for pick up.

I warned him that I thought it might be illegal, so he started making calls to his bosses. Next thing the asshole Broker (who represents auction.com) shows up and threatens to have me arrested for trespassing. I'm not sure why but he was pissed that I had gained access.

I almost punched him in the neck, but thought better of it and left. At that time no files were on the curb, yet.

Any ideas how to throw this short, fat arrogant prick under the bus?
Old 08-25-2017, 10:51 AM
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https://www.hhs.gov/hipaa/filing-a-complaint/
Old 08-25-2017, 11:07 AM
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Opening themselves up for a lawsuit.
Old 08-25-2017, 11:08 AM
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Let it go.

The bank and their contractors are not "covered entities" and therefore not subject to HIPPA Privacy regulations. At best, the doctor's estate would be liable for proper destruction of those records, but not the bank or the "short, fat arrogant prick".
Old 08-25-2017, 11:09 AM
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I would imagine that the dead doc had a duty to remain HIPAA compliant, no so much for the property preservation company.
Old 08-25-2017, 11:17 AM
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put them in a Rubbermaid tub and write the brokers name and address on the lid and leave them at his office.
Old 08-25-2017, 11:23 AM
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Originally Posted by China Rider View Post
I was high bidder at an on-line auction of a foreclosed residential property that was used as a Chiropractor's office. The good doctor died two years ago. Closing is supposed to happen in 3 weeks.

I couldn't gain access but was able to peek through some of the windows. This morning I happen to drive by and see a truck in the driveway, and it's the Property preservation guy who works for the seller (bank)

His instructions are to do a clean out and he invited me in to take a look see. There is, along with the usual trash, a huge filing cabinet filled with patient files.

The bank recently did a final eviction of the deceased doc and all unknown tenants, and standard practice is to put everything on the curb and call the trash Co.for pick up.

I warned him that I thought it might be illegal, so he started making calls to his bosses. Next thing the asshole Broker (who represents auction.com) shows up and threatens to have me arrested for trespassing. I'm not sure why but he was pissed that I had gained access.

I almost punched him in the neck, but thought better of it and left. At that time no files were on the curb, yet.

Any ideas how to throw this short, fat arrogant prick under the bus?
I like your plan / goal
Old 08-25-2017, 11:28 AM
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There are things you have to do, and there are things you should do. Destroying these files fall under the latter. Where is that guy that burns everything with gasoline? Call him up and he came make a new youtube video.
Old 08-25-2017, 11:29 AM
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Originally Posted by China Rider View Post
Any ideas how to throw this short, fat arrogant prick under the bus?
Print a few thousand bogus medical records with fat boys name listed for Aids testing, along with VD and penile dysfunction tests and leave it on top of the pile. Let the wind do its job. One of the papers should find its way back to fat boy, maybe it will give him a new appreciation for proper disposal.
Old 08-25-2017, 11:29 AM
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Originally Posted by China Rider View Post
Any ideas how to throw this short, fat arrogant prick under the bus?
Wait for bus to approach. When within 15 or so ft. push short, fat arrogant prick under the wheels. Front or rear, should make no difference.
Old 08-25-2017, 11:30 AM
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Originally Posted by rusty spoke View Post
Opening themselves up for a lawsuit.
Yep. If you get hurt while on site, you can sue the bank.
Old 08-25-2017, 11:34 AM
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None of it belongs to you at this point in time and you should stay away. The broker obviously doesn't want the sale to fail.I say let the bank continue with their cleanout plan.
Old 08-25-2017, 11:35 AM
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Originally Posted by mikeloew View Post
Print a few thousand bogus medical records with fat boys name listed for Aids testing, along with VD and penile dysfunction tests and leave it on top of the pile. Let the wind do its job. One of the papers should find its way back to fat boy, maybe it will give him a new appreciation for proper disposal.
You forgot "uncontrollable flatulence and persistent anal leakage".
Old 08-25-2017, 11:44 AM
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HIPPA regulations require them to maintain the privacy of the patients. They should at least be shredded. If the records are still on the property at closing/walk through discuss it and the expense. If they are gone not your problem......
Old 08-25-2017, 12:07 PM
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it is a Chiropractor's office

lets be honest here what are they getting their dingus adjusted or something

other than that there is little that anyone going to a Chiropractor's office should be worried about

I suppose there could be credit card and social security info on there though......you probably missed out on making a killing on that
Old 08-25-2017, 12:15 PM
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Originally Posted by jcassara View Post
HIPPA regulations require them to maintain the privacy of the patients. They should at least be shredded. If the records are still on the property at closing/walk through discuss it and the expense. If they are gone not your problem......
Neither the bank nor their broker are covered entities under the HIPPA regulations. That doesn't mean they should be prudent about the disposal of documents.
Old 08-25-2017, 03:04 PM
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Something similar to this was an electrical distributor that went bankrupt and all of the property and assets were put up for auction. I walked through the building and was shocked to see employee folders stacked up on the floor. This distributor used to be one of my customers so I knew everyone that worked there. I picked up one of the folders for a guy I knew named Bob (he died a year before) and looked in it. It had Bob's pay plan, all of his personal information like SS#, account number for direct deposit of his pay checks, etc.

I told one of the guys from the auction company about the folders and he said.....what am I supposed to do about it? I asked him if he would want all of this personal information available to anyone that wanted to look at it? The files were taken out of a filing cabinet so the filing cabinet could be auctioned off. I asked the guy if I could remove the files so no one could see them and he said he didn't care what I did with the files. I put them in a box and took them to an Allshred location and watched while all of the records were shredded.

The problem with info like this and medical info is no one wants to take responsibility of the records so no one takes the responsibility. I never had a clue how loose records are kept and how accessible they can be.
Old 08-25-2017, 05:25 PM
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Is a chiropractor covered under Hipaa? Or are only REAL docs?
Old 08-26-2017, 05:34 AM
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Originally Posted by jcassara View Post
HIPPA regulations require them to maintain the privacy of the patients. They should at least be shredded. If the records are still on the property at closing/walk through discuss it and the expense. If they are gone not your problem......
Originally Posted by airbrush View Post
Neither the bank nor their broker are covered entities under the HIPPA regulations. That doesn't mean they should be prudent about the disposal of documents.

Who or Whom ever is responsible for the dissolution of the practice is HIPPA responsible! That issue would lie on the banker / owner side of the negotiation. For the buyers concern better if they handle the files.......
Old 08-26-2017, 06:50 AM
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I just drove by and there is nothing on the curb.

Some good points made. The way I see it:

After an eviction, a writ of possession is issued, and the law allows for the personal property left inside the house to be taken out and put on the curb.

But those records belong to the patients, the doc was just a custodian. Anybody who then handles them is now a custodian and subject to medical privacy laws, no?

For what it's worth, as a landlord, I can't take personal property straight to the dump, because that would be possessing it. I can only take it to the curb. The next day I can have it removed. At least that's the way it was explained to me by the deputy who is usually there to keep the peace.

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