Earl Ofari Hutchinson

Earl Ofari Hutchinson

Posted: May 15, 2009 08:53 PM

The Other Farrah Story

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Farrah Fawcett watched her personal, moving and life affirming story on ABC-TV. Millions applauded her for her valiant fight against cancer and her inspirational message to fight on to many others who wage their own private medical battle against the dread disease. Lawanda Jackson was not one of them who applauded Fawcett. The former UCLA Medical Center administrative assistant didn't see Farrah's Story. And while millions applauded Fawcett, Jackson has been vilified.

She drew public and legal wrath for leaking Fawcett's medical records in 2006 and 2007 in an alleged scam deal with the National Enquirer. The leak stirred howls and demands for a government crackdown on UCLA Medical and other medical facilities that leak medical records. Jackson died of breast cancer in March and didn't serve a day of her federal sentence. Despite the pain Jackson's thievery caused, a gracious Fawcett forgave her. Fawcett accurately called her a pawn in the system.

Jackson's thievery was just that and it gave another ugly look at the big and at times profitable racket of medical snooping and theft. It's a racket that's driven by a mix of celebrity and personal gossip, maliciousness, voyeurism and greed. The medical theft racket poses an increasingly serious public peril.

Thanks to Jackson's legal bust, Fawcett's victimization is well known, and so is that of other celebrity victims such as Britney Spears, Paris Hilton, and George Clooney. But thousands of others who are not celebrity name patients not treated at a celebrity catered treatment center such as UCLA Medical Center have also been victimized; and most of them don't know it.

In March, Dartmouth College researchers conducted a two week landmark study in which they found that the social security numbers, insurance records, and diagnosis information on hundreds of patients at various hospitals and medical facilities were in full display online. Many of the patients were treated for AIDS, cancer, and mental illnesses. While thousands more were afflicted with various other diseases. It also found a document nearly 2000 pages in length that contained the Social Security numbers, date of birth, insurance information and treatment codes for approximately 9,000 patients.

Some of the patient's information was leaked. Information on others was obtained through sharing files that were either intentionally or accidentally downloaded. In addition, the Government Accountability Office estimates that nearly 10 percent of Medicare claims are filed by identity thieves and fraudulent health-care providers.

Thousands of other patient medical records have been leaked, or openly publicized through medical ID theft. A high profile athlete, entertainer, political figure admitted to a hospital for treatment and care, is instantly known. Hospital administrators and staff generally take greater care to protect their records. Though as the Fawcett, and other celebrity's medical records breach showed, that's hardly foolproof. However, with ordinary patients the same pains may not be taken to guarantee that their privacy is protected. According to ID Theft Security.com, many hospitals are grossly lax when it comes to confirming the identity of patients. The laxity in identity checks opens the gate wide for thieves, snoopers, and sloppy or indifferent medical staff persons to peak at, sell, or botch medical records.

A much touted provision in President Obama's stimulus bill is aimed at better securing the privacy of patient medical records. It included a federal notification requirement for health-related records breaches. It mandated that all health care providers and administrators must notify patients in writing if their medical information is compromised and report the breach to the Health and Human Services Department. Health providers and third-party agencies or companies that handle medical records for health-care providers must submit an annual report to Congress on any medical patient breaches and tell whose records were breached.

There are two self-defeating flaws in this timely and much needed safeguard. One is that the health care provider or company that collects patient records and information must know about the breach. The Dartmouth study showed that much of the medical record theft and leakage slips way under the radar of hospitals and health providers. The other flaw is compliance with the provision even enforcement rests on the inherent assumption that hospital administrators and agencies keep accurate, up-to-date and honest records of all patient medical data.

Jackson's gross medical record invasion of Fawcett stirred rage and indignation that a popular and admired celebrity could be doubly victimized by a dread disease and by a snooping, prying medical worker. Unfortunately, untold thousands of others suffer the same fate. And their story is not known.


Earl Ofari Hutchinson is an author and political analyst. His weekly radio show, "The Hutchinson Report" can be heard on weekly in Los Angeles on KTYM Radio 1460 AM and nationally on blogtalkradio.com

 
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Databases can be designed to make them very resistant to snooping.

It appears that with all the money that hospitals spend on IT that they are not getting their money's worth.
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    Favorite    Flag as abusive Posted 01:31 PM on 05/17/2009

Security systems and training can only do so much. I work for a govt hospital and have seen first hand a lot of willful non-cooperation on the part of some clerks in how they handle patient info. Admin has made it very clear that there are specific things we are not supposed to do but since some feel like this is the way we've always done it and nothing has happened so far, it's no big deal. Sheer ignorance. I gave up on explaining the potential consequences (I'm not in managment) and just cover myself in my own work. There are plenty of holes out there.

    Favorite    Flag as abusive Posted 03:13 PM on 05/17/2009
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Very interesting!

Any elaboration would be appreciated.
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    Favorite    Flag as abusive Posted 12:08 AM on 05/18/2009
- AnnfromCA I'm a Fan of AnnfromCA 158 fans permalink

Recently, Kaiser fired several nurses and put others into performance review mode when it was learned that they were snooping into Octomom's files. No information was sold, I don't believe. I think it was a sheer case of curiosity. But Kaiser's actions are what needs to happen. You stop this type of behavior much earlier rather than allow it to go on to the point of selling information.

A young woman I mentor with a very interesting past was recently subjected to overhearing the nurses laugh at her record. She was so humiliated that she didn't speak up. I pointed out over and over that the fact that she was now being responsible for her health and needs meant that she's the winner, and the unprofessional behavior of the nurses reflect them alone, not her. She deserves to be admired.

She spoke up, and the supervisor of the clinic took immediate action, as it should be.

I agree with you that this problem needs to be addressed in healthcare. But that starts with firm management guidelines regarding privacy and respect, above all, respect. As with any other immature behavior, the only thing that works is prompt discipline.

    Favorite    Flag as abusive Posted 11:26 AM on 05/17/2009
- LMPE I'm a Fan of LMPE 56 fans permalink

Dennis Kucinich, running for president in 2004, called for a patient's bill of rights. As always, these issues don't get serious consideration until they befall a movie star. I hope that Ms. Fawcett makes it through this.

    Favorite    Flag as abusive Posted 01:49 AM on 05/17/2009
- MissKaren I'm a Fan of MissKaren 35 fans permalink

Leaking a medical record for money is a despicable act and both the leaker,the person paying for the leak and the institution deserve condemnation. If you enter a hospital, you are trusting that (a) you will be treated (b) with respect (c) for your situation and your privacy. I'm glad Ms. Fawcett cracked down and I hope every patient entering that colander demands privacy. I hope they get sued for it and big time. That will discourage some of the practice. I would like to see leakers boycotted so that they don't get jobs anywhere.

    Favorite    Flag as abusive Posted 05:26 PM on 05/16/2009
- apoyo I'm a Fan of apoyo 38 fans permalink

"a pawn in the system"??

Medical health care workers are bound by HIPAA laws that protect privacy.
No amount of IT security will work if people insist on snooping into patient records that they have no business knowing about and then blabbing about it.

If you are not giving direct care to a patient you have no right to know anything about their case even if you work in the same hospital..
And certainly an administrative assistant's duties do not have anything to do with direct patient care.

    Favorite    Flag as abusive Posted 03:51 PM on 05/16/2009
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The Electronic medical records program that President Obama is proposing (let's see if it actually passes, that'll be another story) is a wonderful thing. But, honestly, it doesn't answer the question of how these rampant theives get ahold of the records in the first place. It sounds to me like any high school hacker could find and get the codes to break into the system and get people's records. And if someone not in the immediate medical profession (such as a custodian, cafeteria worker, or one of the many volunteers who work at hospitals) has a friend or family member who is a hacker, that nonmedical worker can easily be bought off to find the codes or give the hacker access to a hospital computer. We MUST make sure that no one outside of those absolutely necessary get ahold of access to these records before we can have even a basic level of comfort in the safety of these programs. These records MUST be kept under lock and key at all times, and no one who is not protected under HIPPA should be allowed access to any of these records. And even that will only reduce, not eliminate the problem...but its a start

    Favorite    Flag as abusive Posted 02:37 PM on 05/16/2009
- arthuride I'm a Fan of arthuride 10 fans permalink
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A society where anyone will attempt to make a dollar at the expense, suffering, humiliation and/or exposure of another's private life is a decaying society--much as was ancient Rome and its gossips. This is true throughout all civilizations. While the USA has its National Inquirier and Lawanda Jackson, Peru has its Megaly Medina (TV) and Keiko Fujimori (Congressista), the UK its Tattler, etc. Freedom of speech is not a blank check for people to say, write, print, or any other way communicate that which is private unless the information is such that it can cause irrepairable damage to the nation or the world. Those who give out confidential information and identities should be punished to the full extent of the law, the Lawanda Jackson died before having to serve her time, Megaly Medina became a heroine among the people of Peru and Keiko will go on to win the presidency, pardon her nefarious father Alberto and restore a reign of terror throughout the land silencing all opposition. Defamation of character should be punished more severly--with lifetime incarceration.

    Favorite    Flag as abusive Posted 09:06 AM on 05/16/2009
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I watched the report too. Very important, very brave, I had no idea Farrah was such a person of substance. I know so many in Hollywood are as fake and shallow,,, (as Dubya Bush). Anyway,,..... great piece of research and reporting Earl. You know this medical records problem could be solved, but it won't. Just like computer viruses and conflagrate spending in California. It's over -- get used to no privacy.... a third world country.

    Favorite    Flag as abusive Posted 12:24 AM on 05/16/2009

Interesting that this article was posted at 8:53 PM on May 15 -- the TV special on Farrah Fawcett's fight against cancer began at 9 PM Eastern time (by the way, on NBC, not ABC as claimed here) -- yet Mr. Hutchinson puts it this way:

"Farrah Fawcett watched her personal, moving and life affirming story on ABC-TV. Millions applauded her for her valiant fight against cancer and her inspirational message to fight on to many others who wage their own private medical battle against the dread disease."

Interesting -- did you have a crystal ball? How do you know that she actually was able to watch as planned? The verb tense of this item is a bit troubling, since it refers to events that hadn't even happened yet.

Perhaps a minor matter, I grant you, but it's not the way these things should happen. People reviewing a movie or TV show shouldn't write about it without actually having seen the production -- and even if a preview was made available in this case, nobody can know for sure in advance whether Ms. Fawcett was actually able to watch, or what the public's reaction was.

    Favorite    Flag as abusive Posted 10:16 PM on 05/15/2009

this essay wasnt a review of the documentary, so talking about it past tense is irrelevant. you are losing track of the subject.

    Favorite    Flag as abusive Posted 11:23 PM on 05/15/2009

Rather incredible response -- the beginning of this item was EMPHATICALLY a review of the show.

I was moved beyond words by the show itself, on which *I* could not comment until it was complete. (That didn't happen until about 45 minutes after I posted my first comment raising a question about the timing of the original item.)

I caught Joan Walsh of Salon doing the exact same thing last year, when Obama gave a speech in Cincinnati to the NAACP. She posted her "reaction" to his admittedly great speech BEFORE he gave it -- I know, because I watched it on live local TV, yet her high praise for the speech and the reaction to it PRECEDED Obama's appearance on stage. (I know she was obviously reacting to text of the speech released beforehand.) She also never responded to either question I posted about this odd timing.

This is not a small matter, and it shouldn't obscure how incredibly good this show about Farrah Fawcett's battle was -- but anyone who professes to be REPORTING on an event really ought to wait until the event has occurred before writing about it. How can anyone disagree with such a simple truth?

This show should win every award for which it's going to be nominated, and should be required viewing for all Americans as we continue to debate health care reform. But PLEASE, reporters, columnists and bloggers -- let's do it in real-time, OK?

    Favorite    Flag as abusive Posted 02:04 PM on 05/16/2009
- MissKaren I'm a Fan of MissKaren 35 fans permalink

She may have watched a tape of it if she's awake enough given the medication she's taking for pain. I'm sure the producer gave her a tape.

    Favorite    Flag as abusive Posted 05:28 PM on 05/16/2009
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Agree with you that celebs are recognized and therefore there is less chance that their records or treatments get mixed up. I also agree with you that Obama's plans aren't going to do much good in protecting or securing ID's and medical records. I just hope that his plans don't mess up these situations any worse than they are now.
What is really needed is better screening for employment in the medical industry.
Hospitals, clinics, etc., are going to have to hire people who are responsible and they are going to have to fire people who mess up.

    Favorite    Flag as abusive Posted 09:43 PM on 05/15/2009
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