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IRS faces class action lawsuit over theft of 60 million medical records
Healthcare IT News ^ | 05/15/2013 | Erin McCann

Posted on 05/15/2013 7:30:24 AM PDT by Lacey

he Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges. According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.

"This is an action involving the corruption and abuse of power by several Internal Revenue Service agents," the complaint reads. "No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records," it continued.

According to the case, the IRS agents had a search warrant for financial data pertaining to a former employee of the John Doe company, however, "it did not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter," the complaint read.

The class action lawsuit against the IRS seeks $25,000 in compensatory damages "per violation per individual" in addition to punitive damages for constitutional violations. Thus, compensatory damages could start at a minimum of $250 billion.


TOPICS: Breaking News; Crime/Corruption; News/Current Events
KEYWORDS: 201103; 20110311; abortion; california; deathpanels; gettherope; healthcare; hipaa; impeachnow; irs; irsmedicalrecords; irsobamacare; irsscandal; irsscandals; loislerner; medical; medicalrecords; obamacare; specialprosecutor; zerocare
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To: Lacey

The IRS has been out of control for DECADES.

They would have to shut the whole place down for months to fire the number of people necessary to correct the problems.


21 posted on 05/15/2013 7:51:18 AM PDT by Noamie
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To: Rusty0604

Apparently this was written two months ago, but was ignored by most. It seems very timely now, though, doesn’t it?


22 posted on 05/15/2013 7:52:59 AM PDT by FamiliarFace
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To: Lacey

Quite a penalty there, $250B.
Better keep paying your taxes, enabling sheeple. The IRS is going to be needing more of your hard-earned dollars.


23 posted on 05/15/2013 7:53:25 AM PDT by HomeAtLast
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To: All
Byron York: IRS scandal raises fears about enforcing Obamacare
washingtonexaminer.com/ ^ | 5/13/2013 | Byron York / FR Posted by RoosterRedux

The IRS is critical to Obamacare. The structure created by the Affordable Care Act requires the government to know about both the health care coverage (or lack of it) and the financial resources of every American. The IRS, which already knows the latter, was the only agency with the reach to do the job.

A look at the text of the health care law reveals that much of it consists of amending the Internal Revenue Code to give the IRS more power.

When Obamacare goes fully into effect in January, every American will have to prove to the IRS that he or she has "qualifying" health coverage, meaning coverage with a list of features approved by Health and Human Services Secretary Kathleen Sebelius. That will be done by submitting a document to the IRS, something like a W-2, to confirm coverage.

The IRS will also decide who is, and who is not, eligible for Obamacare's subsidies. The law authorizes the IRS to share confidential taxpayer information with the Department of Health and Human Services for the purpose of determining those subsidies. And since subsidies don't just apply to a relatively small number of the nation's poorest citizens -- under the law, they can go to a family of four with a household income of nearly $90,000 -- they will affect a huge segment of the population.

In addition, the IRS will keep track of even the smallest changes in Americans' financial condition. Did you get a raise recently? You'll need to notify the IRS; it might affect your subsidy status. Have your hours been reduced at work? Notify the IRS. Change jobs? Same. (Excerpt) Read more at washingtonexaminer.com ...

24 posted on 05/15/2013 7:53:29 AM PDT by Liz (To learn who rules over you, determine who you are not allowed to criticize. Voltaire)
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To: Hemingway's Ghost
Two more links

http://www.databreachtoday.com/irs-agents-sued-in-health-records-case-a-5616

http://www.ihealthbeat.org/articles/2013/3/15/lawsuit-claims-irs-improperly-accessed-60m-medical-records.aspx

25 posted on 05/15/2013 7:53:43 AM PDT by Lacey
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To: FamiliarFace

It’s amazing how much crap goes on so unnoticed.


26 posted on 05/15/2013 7:55:42 AM PDT by Rusty0604
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To: Lacey

Lacey~: “This is an action involving the corruption and abuse of power by several Internal Revenue Service agents,” the complaint reads. “No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records,” it continued. “

Oh , nothing to see here ,.. move along !
No search warrant / No subpoena ..
Isn’t this how its done in Chicago ?
OVER REACH for Blackmail ?


27 posted on 05/15/2013 7:57:45 AM PDT by Tilted Irish Kilt
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To: Lacey

I went to the website, then to the sources site, Courthousenews.com. Could not find the article. It might be there, but you have to sign up for a subscription to use the search function and I’m not prepared to do that.

If this is true, the only organization this could apply to would be Kaiser-Permanente, which is based in California. I can’t imagine another entity that would have so many millions of health records in California. This was supposed to have happened two years ago, and Kaiser was one of the first to institute a comprehensive centrally-controlled EHR program, the only thing that would make taking 60M health records even possible.


28 posted on 05/15/2013 8:06:37 AM PDT by ottbmare (The OTTB Mare--now a Marine Mom)
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To: Tilted Irish Kilt
OVER REACH for Blackmail ?

No doubt in my mind. I believe that's why they tapped the AP phones as well. They're dirt digging.
I also believe this is the entire reason the left wanted control of the health care system. Information doesn't get any more personal that that.

The same thing goes for the new Common Core education system being used in the public schools. It's designed not only to indoctrinate at a rapid pace - it also collects as much data on the students and their families as possible.

29 posted on 05/15/2013 8:08:49 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: Lacey; All
My own personal story, although not an IRS story, is pertinent here. Roughly four months agpo I received a supposedly randon questionaire from Medicare that was ostensibly a customer satisfaction survey about my doctor and his practice. Not liking such surveys anyway, I simply tossed it and thought nothing more abot it. Then I received a follow up about two months ago that apparently included the original questionaire. My curiosity being piqued, I sat down and read the whole questionaire. To begin with there was no apparent individual identifying information on the document and there was no space for my name, address, etc. However, there was digital coding similar to that on an airline boarding pass.

Then I read both parts of the document. The first was a customer satisfction survey regarding my doctor. The second was the real zinger: it was a detailed, probing, highly persoanl questionarie about my entire medical history. IOW, HHS tried to defraud me into answering a highly personal, intrusive medical questionaire by making it look like a customer satisfaction survey and appear to be anonymous when it was the very opposite. Forgetful me, it ended up in the trash.

30 posted on 05/15/2013 8:10:22 AM PDT by libstripper
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To: Lacey
IRS Abuse: What did 0bama know, and when did he know it?

Benghazi: People died, 0bama lied.

Green Energy Scams: Follow the money!

It's past time to IMPEACH 0BAMA.

31 posted on 05/15/2013 8:10:57 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: Dark Wing

mega-ping


32 posted on 05/15/2013 8:11:05 AM PDT by Thud
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To: Lacey

IRS:

Tea Party
Patriot
Constitution
Billy Graham’s Ministries
Medical Records

The IRS has gone Rogue.


33 posted on 05/15/2013 8:11:09 AM PDT by Uncle Miltie (Mandatory BB Guns for 10 Year Old Boys would solve most of America's problems.)
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To: Hemingway's Ghost

According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS,


unnamed? in public records?


34 posted on 05/15/2013 8:11:57 AM PDT by PeterPrinciple
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To: ExTexasRedhead

Keep it up!!! Hitler & Satan Obama are going down!!! Never give up working to destroy this American traitor, tyrant and would be dictator!! He is as guilty as they come!!! What a low life criminal and worthlees human being!!!


35 posted on 05/15/2013 8:12:00 AM PDT by JLAGRAYFOX ( My only objective is to defeat and destroy Obama & his Democrat Party, politically!!!)
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To: concerned about politics
No doubt in my mind. I believe that's why they tapped the AP phones as well. They're dirt digging.

I also believe this is the entire reason the left wanted control of the health care system. Information doesn't get any more personal that that.

ZINGO!!! You've got it. Please see no. 30, my comment.

36 posted on 05/15/2013 8:13:00 AM PDT by libstripper
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To: Lacey

A HIPAA covered entity is any organization or corporation that directly handles Personal Health Information (PHI) or Personal Health Records (PHR). The most common examples of covered entities include hospitals, doctors’ offices and health insurance providers.

Covered entities are required to comply with Health Information Portability and Accountability Act HIPAA (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH) mandates for protection of PHI and PHR.


37 posted on 05/15/2013 8:13:43 AM PDT by PeterPrinciple
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To: Lacey

The IRS needs to go. Implement a flat tax or a national sales tax and be done with it. You would then only need a fraction of the personnel now at the IRS to collect revenue because the rules would be greatly simplified.

I would prefer a national sales tax that way how much you pay in taxes is mostly determined by your own buying habits.


38 posted on 05/15/2013 8:13:55 AM PDT by 3Fingas (Sons and Daughters of Freedom, Committee of Correspondence)
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To: Lacey

And next year, they won’t have to steal them at all.
Under 0bamacare, they’ll “have to” have them for enforcement purposes.


39 posted on 05/15/2013 8:13:56 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Rusty0604

Ain’t it?

Why isn’t FNC talking about this? There is a definite here, here.


40 posted on 05/15/2013 8:15:47 AM PDT by txhurl
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