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Vince fire...@firelaw.us

Whatever one's political beliefs this has to leave anyone cringing Pentagon Red Tape Keeps Medical Records From Doctors of the Wounded By Al Kamen Friday, February 16, 2007; A21 Department of Veterans Affairs doctors are furious over a recent decision by the Pentagon to block their access to medical information needed to treat severely injured troops arriving at VA hospitals from Iraq and Afghanistan.
The VA physicians handle troops with serious brain injuries and other major health problems. They, rely on digital medical records that track the care given wounded troops from the moment of their arrival at a field hospital through their evacuation to the United States.
About 30 VA doctors in four trauma centers around the country have treated about 200 severely wounded soldiers and Marines. The docs had been receiving the complete digital records from the Pentagon until the end of January, using the Pentagon's Joint Patient Tracking Application.
But on Jan. 25, when Shane McNamee, a physician in the Richmond VA Medical Center, tried to get the full records, he couldn't. He sent an urgent e-mail to VA chief liaison officer Edward Huycke.
"My JPTA account has been disabled within last few days," McNamee wrote.
"I called the hotline and was told that all VA accounts have been locked. Could not get a good answer why. Anyhow -- I have 4 [Iraq/Afghanistan] service members to arrive within the next 2 days.
This information is terribly important," the doctor wrote.
Thirty-four minutes later Huycke e-mailed back: "Ok, Shane. Will get on it. Not sure what's up." An hour or so later, a senior VA official forwarded McNamee's e-mail to Lt. Col. David Parramore at the Pentagon, saying that McNamee "needs his access back to JPTA to provide the best possible treatment for soldiers injured in [Iraq/Afghanistan] arriving there in a few days. Can you help?" Tommy Morris, director of Deployment Health Systems, responded the next morning to Parramore's inquiry, after contacting Ellen Embry, deputy ***istant secretary of defense for force health protection. "I spoke with Embry and no agreements, no data sharing via access to JPTA." The access cutoff came after Morris, in a Jan. 23 e-mail, instructed a colleague: "If the VA currently has access I need a list of persons and I need their accounts shut off ASAP. It is illegal for them to have access without data use agreements and access controls in place by federal regulations and public law." There have been meetings between VA and Pentagon officials. The Pentagon declined to comment yesterday. VA officials apparently thought it might have been resolved Monday. But an e-mail Monday from Morris to a co-worker said: "The leadership has not authorized the VA accounts to be turned back on, in case someone approaches you about this." Last week, Sens. Daniel K. Akaka (D-Hawaii) and Larry E. Craig (Idaho)
-- the chairman and ranking Republican on the Veterans' Affairs Committee -- wrote David S.C. Chu, undersecretary of defense for personnel, of their "deep concern" about VA trauma center doctors not having access to complete records.
"For those servicemembers suffering from a traumatic brain injury," they wrote, "VA's access to in-theater imaging is an important and valuable tool for tracking their patient's progress since being wounded or injured." They suggested the VA doctor be given temporary access to JPTA while the data-sharing questions are worked out.
They're still awaiting an appropriate response. McNamee is still waiting for the records.

"Jack Linthicum" jacklinthi...@earthlink.net

One thing to note is a war going on between the Pentagon records people and the VA.
http://www.govhealthit.com/article95805-08-28-06-Print http://veterans.senate.gov/index.cfm?FuseAction=Newsroom.PressRelease...

Tankfixer paul.carr...@us.army.m

Could it be they are trying to comply with HIPPA
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Usenetsaurus n. an early pedantic internet mammal, who survived on a diet of static text and cascading "threads."

Vince fire...@firelaw.us

in a word no Vince

redc1c4 redc...@drunkenbastards.org.ies

could it be that it is illegal for them to have access without data use agreements and access controls in place as required by federal regulations and public law?
sounds to me like one or more lawyers got involved and ****ed things up, which of course is all they are good for.
it certainly is possible for it to be HIPPA related, as signed agreements are necessary between all parties before the disclosure of PHI can occur.....
redc1c4, (but then again, i *actually* w*rk in health care, so i know. %-)
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"Enlisted men are stupid, but extremely cunning and sly, and bear considerable watching."  Army Officer's Guide

Vince fire...@firelaw.us

  Information Sharing    The programs and benefits earned by Service members could not be delivered without complete cooperation between the DOD and the VA in the area of information sharing.  Indeed, information sharing is critical to an effective and transparent transition process, and that is why so much attention is paid to information management and information technology in the Joint Strategic Plan. Important to health care related information sharing is the requirement to comply with the Health Insurance Portability and Accountability Act (HIPAA).  DOD and VA signed a Memorandum of Agreement governing the sharing of Protected Health Information (PHI) and other individually identifiable information in June 2005.
  The Federal Health Information Exchange (FHIE) supports the monthly electronic transfer of health information from DOD to VA at the time of the Service member??™s separation.  The data contained in this transfer include:  pharmacy and allergy data; laboratory and radiology results; consult reports; discharge summaries; admission, disposition and transfer information; and patient demographic information.  Health care providers within VHA, and benefits counselors within VBA, access this information via the Computerized Patient Record System and Compensation and Pension Records Interchange, respectively.  As of the end of FY 2006, DOD had transmitted health data on over 3.6 million patients.  DOD uses FHIE to transmit data to the VA regarding VA patients receiving care within an MTF, and has sent over 1.8 million individual transmissions.
   FHIE is also being used as a platform from which DOD transmits pre-
and post deployment ***essment information for separated Service members and demobilized Reservists and Guardsmen.  Over 1.5 million ***essments on more than 623,000 individuals have been electronically transmitted to VA.
  Building from the FHIE, which is a one-way flow of information, DOD and VA have developed and begun deployment of the Bi-Directional Health Information Exchange (BHIE).  This exchange enables near real-time sharing of allergy, outpatient prescription, inpatient and outpatient laboratory and radiology results, and demographic data between DOD and VA for patients treated by both departments.  BHIE is operational at all VA medical centers and at 14 DOD medical centers, 19 hospitals, and over 170 outlying clinics.
  With an eye toward the future, the VA/DOD Health Information Technology Sharing Working Group began in FY 2006 to establish an interface between BHIE and the DOD Clinical Health Data Repository in order to accelerate progress in sharing appropriate health information.  This interface will ensure that all VA sites and all DOD sites worldwide will have the ability to view data from the other department for shared patients.  We are also focusing on increasing the amount of inpatient data exchanged.
  Most recently, BHIE began to exchange inpatient and emergency department discharge summaries.  Other inpatient documentation, such as operative reports and inpatient consultations, are planned for the future.
  DOD is aware of the concerns regarding the time it has taken to establish the desired level of interoperability.  With the full deployment of DOD's electronic health record (EHR) ??“ AHLTA ??“ across the Military Health System accomplished, we are poised to continue building on our significant achievements in sharing critical health information across department lines.  The ultimate desired end-state will be a completely electronic health care record that is accessible and useable to the provider regardless of which health care system they are operating within.
http://veterans.senate.gov/index.cfm?FuseAction=Hearings.CurrentHeari... So its not Hippa its DOD Vince

dapra dap...@comcast.net

[...] Well.., I don't think there is any excuse not to transmit medical records to the attending physician of the returning soldiers. But the fact that you, redc1c4 work there, give us a clue. You must be the political commissar of the ward.

Tankfixer paul.carr...@us.army.m

Don't confuse the lawyer red...
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Usenetsaurus n. an early pedantic internet mammal, who survived on a diet of static text and cascading "threads."

Tankfixer paul.carr...@us.army.m

or just some uncaring individuals who want to do as much harm as they can.
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Usenetsaurus n. an early pedantic internet mammal, who survived on a diet of static text and cascading "threads."

Vince fire...@firelaw.us

Perhaps you should have done a google on Brannigan and Medical privcay first You might have found these and oh about 50 more Brannigan VM. A framework for "Need to Know" authorizations in medical computer systems: responding to the constitutional requirements. Proc Annu Symp Comput Appl Med Care. 1994:392--396.
Brannigan V. Protecting the Privacy of Patient Records in Clincical Networks: A Regulatory Effectiveness Analysis in Parsons D, Fleischer, CM and Greenes RA Extended Clinical Consulting by Hospital Computer Networks New York Academy of Sciences 1992 670:190-201 Brannigan V. and Beier B. Medical data protection and privacy in the United States: theory and reality  in Chapman A Health care and Information Ethics American ***ociate for the Advancement of Science/Sheed and Ward 1997 351-392 Brannigan, V., Patient Privacy, A Consumer Protection Approach, Journal of Medical Systems, 1984, 7:50l-505.
Brannigan, V., and Dayhoff, R., Medical Informatics:  The Revolution in Law, Technology and Medicine, Journal of  Legal Medicine, March 1986, vol 7:l-53.
Brannigan V. and Beier B. Standards for Privacy in Medical information systems: A Technico Legal Revolution Datenshutz and Datensicherheit 1991 Vol 9 pp 467-472 I will be lecturing on this area at Kempten in Germany in April Vince

Vince fire...@firelaw.us

no , its a form of turf protection Vince

Vince fire...@firelaw.us

  You may have the field,   Dr. Ruth and I (Oh, did I mention that Ruth is the head of VISTA Digital Imaging for the VA), So I guess she "works"in health care http://www.va.gov/oit/egov/doc/VI2008.pdf   are headed for parts undisturbed by such things.
Vince

redc1c4 redc...@drunkenbastards.org.ies

and the last time she cared for a human patient?
redc1c4, she may be an MD, but she's not a clinician. there *is* a difference.
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"Enlisted men are stupid, but extremely cunning and sly, and bear considerable watching."  Army Officer's Guide

redc1c4 redc...@drunkenbastards.org.ies

hence this quote you carefully ignored: "It is illegal for them to have access without data use agreements and access controls in place by federal regulations and public law." maybe it's because i'm *not* a lawyer of any sort that this is straight forward and clear to me...... unless you can cite the law that exempts them from said requirements.
redc1c4, pointing out the obvious to the deliberately obtuse. %-)
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"Enlisted men are stupid, but extremely cunning and sly, and bear considerable watching."  Army Officer's Guide

redc1c4 redc...@drunkenbastards.org.ies

put another layer on your hat.... the foil ain't thick enough.
redc1c4, (and take your meds: they won't w*rk any other way. %-)
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"Enlisted men are stupid, but extremely cunning and sly, and bear considerable watching."  Army Officer's Guide

Peter Skelton skelt...@cogeco.ca

On Sat, 17 Feb 2007 05:27:28 GMT, redc1c4 Doesn't that mean they failed in their duty to put this administrative infrastructure in place, and that they didn't notice it was needed for some years? Then, when they noticed, they decided it was better to degrade patient treatment rather than quietly straightening out the paper.
Somebody needs a good firing.
Peter Skelton

"Jack Linthicum" jacklinthi...@earthlink.net

Methinks that the events of November 7-8 have frozen the bureaucratic brain at the Pentagon, making the Rumsfeld cadre turn to the defense they so abhored when they took over, regulations. This is the time of the second term of a president where the people who got jobs through being acceptable and loyal start thinking that $150K is not bad as opposed to looking for work in a buyer's market. The schedule C and non-career (ie political appointees) will start anxiously asking about getting a full-time career appointment. To cover their ***es they turn to the rule book, hoping to become indespensible through their executive accumen. The airplane and this are examples.

"Andrew Chaplin" ab.chap...@yourfinger.rogers.com

In a brick kiln at 1,600 degrees Celsius for 24 hours.
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Andrew Chaplin SIT MIHI GLADIUS SICUT SANCTO MARTINO (If you're going to e-mail me, you'll have to get "yourfinger." out.)

Peter Skelton skelt...@cogeco.ca

On Sat, 17 Feb 2007 09:09:04 -0500, "Andrew Chaplin" There's a lot of nouse here about a LaFarge plan to burn tires in the Bath cement plant. Might as well get the BTU's out of them.
Peter Skelton

"La N" nilita2004NOS...@yahoo.com

Super spNakage!
This reminds me of a little lecture I heard the other day about *bad* management practices.  But, since there are still a handful of Bush supporters around (bless their little hearts), I shall not expound further least I hurt their sensitivities ....
- nilita

"TMOliver" tmoliverjr...@hot.rr.comFIX

With patriotism being the last resort of scoundrels, it certainly seems reasonable that "turf protection" is the first, last and middle resort of tribal variety of civil servants.  Having seen a similar flail on more than one occasion at HUD, I can envision the individual who stopped the "buck" somewhere between his/her In and Out boxes in this matter.  Whether they lurk over at L'Enfant Plaza, DOD or VA, the sort of drone famous for this sort of obstructionism can be picked out as they stumble from their office, cubicle or work station at the end of the work day.  They once had mothers and, except for those who still live with theirs, were rejected early in life.
TMO

"Jack Linthicum" jacklinthi...@earthlink.net

In almost every case they are political appointees. No regular scale would even think about doing this without direct orders from...a poltical appointee.
By the way ever remember your GSA friend?

Peter Skelton skelt...@cogeco.ca

On 17 Feb 2007 09:31:17 -0800, "Jack Linthicum" Not even the Housing Officer at Pearl?
Peter Skelton

"Jack Linthicum" jacklinthi...@earthlink.net

The Housing Officer was still in the navy when he served in that position.
The people I am talking about are the "***istant to the ***istant secretaries" with a $150K salary and enormous leverage until the bottom starts to slip away. My favorite was a guy hired from one of the M*** Avenue "think tanks" because he had written a study on abolishing the FCC. When his time seemed to approaching I asked him if he still thought the FCC should be abolished. He answered "no".

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