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The following is a letter received by Ms. Levy from Georgina Verdugo, a Director with HHS - Health and Human Services, Office of Civil Rights on May 10, 2010. Ms. Verdugo tries to explain that Kaiser does nothing wrong with their very incomplete record keeping methods involving blood transfusion. It is assumed from her letter that all Kaiser patients are equally at risk and that is why it is not discriminatory.
Considering the amount of documentation provided to her agency and what the law states, Health and Human Services is losing credibility. Certainly HHS/OCR can do better than this and certainly they can start realizing how many people, besides the patients, are hurt by such callous statements, and the condoning of blatant violations of the law. These are not jaywalking violations, these are very serious issues that affect all patients in this country. Without these regulations and enforcement of them, the public might as well accept the fact that they stand a very good chance of contracting an incurable disease from any transfusion.
Mrs. Levy's response to HHS/OCR
Mrs. Levy's response to HHS/OCR
From: Hillarie To: kenneth.d.johnson@hhs.gov CC: kathleen.sebelius@hhs.gov, karmen.Todd@hhs.gov Sent: 5/10/2010 8:09:17 P.M. Pacific Daylight Time Subj: Re: OCR Complaint No. 10-110236 (Kaiser Permanente Woodland Hills Medical Cen...
Mr. Johnson, What about the incomplete blood unit transfusion records OCR discovered during their investigation, https://kaiserpapers.com/robynlibitsky/transfusions/pdfs/2010_02_23_11_23_39.pdf , page 5, footnote 7.("the donors were not included in the blood transfusion records") Isn't continuing the investigation using several incomplete documents, illegal and unethical, as well as failing to provide a accurate response in order to ensure victim's rights? According to CFR Title 21 Sec. 606.160, "donor names must be part of the blood transfusion record and must be maintained for 10 years." https://kaiserpapers.com/robynlibitsky/transfusions/pdfs/title-21.pdf . It is extremely disturbing and poses a dangerous precedent to all victims of civil rights when OCR ignores a violation of this federal law, as normal investigative protocol, when: 1) The Joint Commission 2) FDA 3) LA County Dept. of Health 4) College of American Pathologists all take this violation seriously and are currently conducting investigations. The only legal and ethical option OCR has is to void the unaccurate prior investigation due to OCR's knowledge that the documents were incomplete and were in violation of CFR Title 21 Sec. 606 .160. Sincerely, Hillarie Levy Simi Valley ___________________________________
Kenneth D. Johnson, Esq. Chief, Section III Civil Rights Division - Office for Civil Rights U.S. Department of Health and Human Services 200 Independence Ave., S.W. Washington, D.C. 20201 Telephone: 202-619-0128 Fax: 202-619-3437 Cell: 202-870-6068 Email: Kenneth.D.Johnson@hhs.gov
From: kenneth.d.johnson@hhs.gov To: Hillarie CC: tamara.miller@hhs.gov, Karmen.Todd@HHS.GOV Sent: 5/10/2010 7:59:52 A.M. Pacific Daylight Time Subj: OCR Complaint No. 10-110236 (Kaiser Permanente Woodland Hills Medical Center)
Ms. Levy,
Attached is Director Verdugo's response to your February 24, 2010 letter and March 7, 2010 email.
Thank you,
Ken Johnson
___________________________________
Kenneth D. Johnson, Esq. Chief, Section III Civil Rights Division - Office for Civil Rights U.S. Department of Health and Human Services 200 Independence Ave., S.W. Washington, D.C. 20201 Telephone: 202-619-0128 Fax: 202-619-3437 Cell: 202-870-6068 Email: Kenneth.D.Johnson@hhs.gov