Monday, November 23, 2009

Ambulance Chasers No Longer "Chasing"

In an effort to maximize efficiency, some of our unscrupulous P.I. attorneys have skipped casually dropping a business card at the scene of an accident in favor of going directly to the source for clients.

The LV Sun is reporting that UMC has been selling a compilation of the hospital’s daily registration forms for accident patients to local attorneys (names still unknown). But worry not, citizens, Kathy Silver is on the case:
Kathy Silver, chief executive of the hospital, said Thursday in an interview with the Sun that she heard rumors about information being leaked from the trauma center early this summer. She said a source put her in touch with a local chiropractor, who shared with her the rumor that attorneys were illegally gaining access to patient information. She did a cursory investigation of the attorneys who had requested medical records, but she and the chiropractor agreed that nothing seemed unusual.
Good enough for us ... what's for lunch?

Ok ... don't worry if Ms. Silver missed it, County Commissioner Lawrence Weekly has it handled:
County Commissioner Lawrence Weekly, who serves as chairman of the UMC board of trustees, told the Sun that he heard of the alleged breach from more than one reliable source about 10 days ago. He said he was told that representatives of law firms were approaching car accident victims even while they were in the hospital. He had not talked to the hospital about it because he was not sure if it was illegal for private patient information to leave the hospital.
Yeah, sharing private medical information is more of a faux pas, really. Why else would we have to stand a football field away from the next person being helped at the grocery-store pharmacy? And really, if it's for a good cause ... like a frivolous lawsuit ... where's the harm?

Back to reality - the attorneys involved will likely maybe be investigated by the bar for their role in this. However, as the Sun notes, UMC could be in a whole heap of trouble:
HIPAA violations can be investigated by the county district attorney, the state attorney general’s office or the United States Attorney’s office, Pritts said. Congress increased the penalties for HIPAA violations, effective at the end of November. A person who violates a patient’s privacy with the intent to sell information can be fined up to $250,000 and imprisoned for up to 10 years.
We're always interested in names and numbers. Anyone on the "inside" care to share who the attorneys involved were and how much they paid for the lists?

22 comments:

  1. There is no way in the world that Ms. Silver was unaware of HIPAA penalties and requirements. Even the office administrator at my law firm is scared to give out information to anyone for fear of violating HIPAA. She must have something to hide to be doing this dance ...

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  2. Sounds like a GREAT class action for HIPAA violations - where do I toss my business card?????

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  3. Can we get some real time reporting on Kabins' plea bargin hearing today.

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  4. Corruption within the UMC administration, what else is new?

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  5. Years ago there was a particularly aggressive PI lawyer in town who hung around UMC and its trauma center wearing scrubs. He's in prison now for tax evasion. Heard he was kind of a dick too . . .

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  6. HIPAA is a joke and no one can advance an intelligent reason why a provider of services who has a potentially valuable service to offer a potential client should not be permitted to market directly to that client in a place where such potential clients are known to congregate. In a free society, each ER would have PI attorney ads everywhere. Heck, I bet you could make real money and boost quality service to patients by doing what stores do with Pepsi and Coke: exclusive marketing support arrangements.

    UMC - proudly sponsored by [insert PI firm]

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  7. What time is Kabins' hearing today. Is the PI Mob going to be there again?

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  8. This has been going on for a very long time. Well, at least that is the rumor told to me be a guy that was doing it nearly 10 years ago for some of the MM players. Old story gaining interest as the face of Vegas continues to change. Yea!

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  9. @9:30 AM

    Eddie Botha?

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  10. Assuming that 10:04 AM is not speaking in an ironic or satirical vein, I heartily agree with his position. Attempts to regulate advertising and competition in general are rarely for the stated purpose of protecting the consumer. And if UMC could generate ad revenue from same, it's just that much less taxpayers have to pony up. I'm tired of decades of arguments that take the position that if some activity or another is done for a profit. it's inherently immoral.

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  11. BREAKING NEWS: Medical Mafia Member takes Plea Deal
    Posted: Nov 23, 2009 2:30 PM PST
    Updated: Nov 23, 2009 2:30 PM PST
    Dr. Mark Kabins, a member of the Medical Mafia, has taken a plea deal in federal court. Kabins pled guilty to misprision of a felony, meaning he knew about a felony but didn’t report it.

    One of the members of the mafia has now admitted a felony occured. How will the apologists spin this admission?

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  12. Sorry to crush your dreams, but today was just a pretrial conference on the Kabins' Plea nothing more.

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  13. Yea, a pretrial wherein he changed his plea from 'not guilty' to 'guilty'. That IS a big deal.

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  14. I think the feds just wanted Kabins out. He's way too smart and polished as a witness for the bumbling idiots that have been prosecuting the government's case.

    He may have destroyed the government's entire case had they not convicted him. Now if the defense calls him and he says that there was no conspiracy the prosecution can say "he's a convicted felon you can't believe him."

    Ironically, he will probably say that the felony he witnessed was something that his former partner Thalgot did. He can get off without a day in jail and give one more f-u to his old buddy Thalgot and then remain loyal to his still buddy Awand. This will be a shallow victory for the feds. Kabins hedged his bets because he sees that the government won't let up (even if they are a bunch of idiots). He won't spent a day in prison, he won't lose his license, it will hurt his credibility and PI related income.

    This will be the last conviction we'll see on this thing.

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  15. Intriguingly, this was part of my PR fact pattern on my NV bar exam in 2005--"Ace Ashton" was bribing clerks to get the names of victims in a mass accident (I think it was two tour buses colliding on the Strip or something similar). I always sensed that it wasn't *completely* fictional. :) Also, with regard to HIPAA, the main limitation is that there doesn't seem to be an explicit private right of action to enforce it. On the other hand, this could be a juicy Sec. 1983 class action for somebody against the County.....

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  16. To anyone who actually agrees with 10:04 in a non-satirical way - the harm is from injured people getting mobbed by attorneys, vulnerable people signing contracts with whatever attorney is slick, shady, and pushy enough to pressure him/her into signing, frivolous lawsuits, skyrocketing insurance rates and health care costs, a general low esteem for the profession among the public, and the most business going not to the best lawyers, but the pushiest ones. Having a catchy slogan on a billboard won't help you win in court if you suck as a lawyer, but it will bring you business. That's the harm - the potential for extreme disjunction between skill and reputation.

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  17. 10:24 PM - yes, life has taught us that when there is free competition consumers are hurt. Countless innocent consumers are drinking Pepsi when they should have been drinking Coke, if only the FTC had stepped in!! Indeed, how any market for services survives without bureaucrats supervising every move is beyond me. All potential clients should be shuttled through the State Bar referral network, assigned to an attorney not by personal choice but by committee. Hooray, Comrade, I hope you run for State Bar Presidency and Chief Justice at the same time to implement your vision.

    Yeah, I'll go ahead and take a victory sip of my diet Coke now.

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  18. LOL @ 9:14. Well said, comrade.

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  19. Nice argument. Compare lawyer regulation with soda pop regulation. You'll go far.

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  20. Is dropping a business card at the scene of an accident "unscrupulous". I thought it was just helpful.

    Oops.

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  21. Anyone hear that 4'10 Lerner has his stumpy little caveman fingers in that UMC debacle. Anyone that's dealt with that little fucker for years like many of us unfortunate true lawyers knows he's about as underhanded as they get. Heard that this morning from a typically good source.

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  22. This little game of giving away accident facts and HIPPA information was going on as far back as November 2008. All of a sudden my RN license # was listed as not active after a visit to UMC TRAUMA after a horrific car accident. Within 24hrs I received 2 phone calls from local PI attorneys. HUMMM looks like it took a year to finally get the goods on UMC. where are the good members of the bar when you need them.

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