hipaa was thrown out the window.he hospitals calling us, the police were calling us, the train to pry into his bank records. every policy was enacted to do this manhunt for my son. they found him four days later. they dragged him into a state hospital with shackles. you can see my statement later. once he was in there he verbally at saudi because of the judge, he was put on suicide watch come to this completely out of it and when the time came for his hearing to see whether he should receive treatment, we were precluded from purchase a pity because of hipaa and that panel looked me in the eye afterward and said we can't do it, our hands are tied to read today's later, the patient, a member was killed in his winning. we don't even want to know what happened. this is what did happen. he was one year in that facility. the abuse and things that happened to him in the hospital and they never, ever let us in. when he was 18 they couldn't live without us. when he was 18-wheeler the enemy and we might have been strangers on

for people to blame it on hipaa is frustrating. hipaa allows disclosure. where the disscweblght happening is frustrating to me. i'm a privacy advocate. i believe in the reasons for the exception. we try to take a balanced approach to the issues and understand why the reason why the exceptions exist. yet for whatever reason, the mit that you can't disclose to family members, and again, this is disclosure to family members are not bound by the potential for a serious and imminent threat. it's the case that if an individual objects, again, if they have the competency and power to object it would be the case where you couldn't disclose. i would say more often than not, there's, you know, again, the experience that the folks at the table notwithstanding people want the family involved in the care. i've had people say to me, my mother, my elderly mother, whom i'm caring for. i would like to be able to have her doctor talk to me about the treatment. and the office is telling me hipaa won't allow it to happen. it's untrue. i am incredibly sympathetic to the frustr

that isn't because of hipaa giving it its because the writers misinterpreted hipaa so when we hear thesegic stories today and i'm hoping that i get back for that, i think we really need to take it seriously but we need to look at the ways to educate providers. in the aftermath of the murder of 32 people what virginia tech, we learned that the interpretations prevented mental health professionals from sharing information. misinterpretations of hipaa and others were also identified by the gao and by president obama's gun violence task force as an obstacle to reporting individuals who should be barred from gun ownership to the next background check system and so. the interpretations of the other privacy rules have created obstacles. is that correct? and in fact you sent a letter out on january 15th to health providers around the country. trying to delineate exactly what hipaa says, correct? now tell us why you sent this letter. >> because of the concerns of interaction between situations where a provider is aware of information indicating danger through the pension or others and some of the

>> certainly there is nothing in hipaa that would allow someone to be sued. again to the extent that you have seen any lawsuits in the space around privacy violations, they are filed under state law provisions. and you know, i don't do malpractice work, but again if you are being -- if you are facing a malpractice lawsuit that is a state law action. >> thank you. >> i would like to ask you a few questions with your situation especially and as sensitive as it is. and again, thank you for being brave and sharing that with us. iowa read over your testimony to find that you were in a situation where you knew what was happening to your son. you knew that there was a drug addiction, and because of that behavior on his part, the manipulation that they do so well what i've learned from my son and others since this has happened is to give you one quick example, i wanted him to go to in inpatient treatment program immediately and he said i don't want to go into inpatient treatment because i don't want to use heroin or crack cocaine. and as a parent i had to make the de

it is a complete hipaa violation. how is it happening?this collision and there will be even greater collisions in all likelihood if we see more states and perhaps the federal government create registries. i know. they said they won't but that is precisely what they're working toward. the colorado sheriffs saying they're going to sue the state because they don't like the gun control legislation passed in colorado. what is the, what are the odds of prevailing in suit like that against the state? >> i think that would be a brand new, i don't know if the sheriff can sue, basically, well it is employer. the sheriffs are employed by the county but can you see the state because you don't like laws it passed? we can do similar things in new york. for example, if you don't like a regulation a state agency passes you can file a petition against that but i don't know wholesale they can succeed in a lawsuit like that. lou: we're out of time. great to have you both here. great to have you with us. that's it forus

hipaa precludes that. the whole idea they have to tell us the threat? celebrity decided he is not a threat. we search for him. the shelters cannot tell that they are there then the next thing is this person who has been released you want them released like this. no support isolated in fear, a frustrated, angry and we are the first target. people are released every day without discharge plans involving the family and they have no way to transition back. you don't want someone with a psychosis as a symptom that pops up than the idea by the way it dissipating in predicting when imminent danger is coming, i just bought this state of maryland to get that across not one person on this planet can predict the tipping point* of someone with a severe mental illness. you can do it. you try to rely on who? the people closest to the person which is the family but they can't do it. we cannot give recent history to the next hospital or doctor because we can get it. so we have less ability to help so the idea to provide information and doesn't exist. it is scary in clo

and the hipaa laws kept him from knowing.o he sold her a rifle and she went home and murdered her child with it. the state and the government are the biggest problem here by locking up these records. >> you're making an argument that basically the system is imperfect. we understand that. but we have to take some steps -- >> not imperfect. it is locked up. by the very rules you're asking for. >> we have to take some steps in order to keep guns out of the hands of people who shouldn't have them. criminals and people who have mental health problems. if we can't at least agree on that, we're not even basically -- >> we are agreeing with that -- >> lars, we have to go. but keith, my only issue with that is with 300 million guns in this country already, many filed down, now they're actually making what they call the receiver, the trigger and handle part of the gun out of 3-d printers which are untraceable. i went out and met the kid that's leading this. i shot the gun that he made from this receiver. guns are soon going to be compl

personnel who have no medical training no hipaa compliance no knowledge of my needs about what my needs are it's totally irrelevant to the question of security sure so you're in as i said for allowing liquids through him i slowed down the process i think of people who are you given that the fact they would take time to test each individual one that's a t.s.a. figure that's not for us to figure out now one question i had actually disagree got i don't i've i've done this before by the way and i've gone through airports like r.t.u. which actually was perfectly fine the process takes less than thirty seconds literally it's they take your bottle they put it in much in a machine the machine thinks for a few seconds and it beeps and you're on your way that's it. and there's no reason they can't just do that for everyone if someone wants to take liquids with them they can say is it worth an extra minute of screening time to have my liquids tested that's up to them for me it is sure ok so what let's ask you that critics might argue why don't you just buy and use the inside of the airport screeni

this was hipaa passed under bush, the rules are being increased under obama care. but this is why we patients also have to fill out more forms when we go to the doctor. >> this is not a new thing. just a new code. code 10 is the new one. we have had nine revisions, expansions of the law. this is the tenth code book that maybe has gone a little too far in treating the american sick patients by the doctor filling out the form. >> the bureaucrats always want more. thank you congressman cole for bringing this to my attention. coming up doctors who don't hide the cost of healthcare behind government codes and the result is cheaper medicine and happier patients and happier doctors, too. that's next. at tyco integrated security, we consider ourselves business optimizers. how? by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicians, and a personal passion to help protect your business. when your business is optimized like that, there's no

you know, the hipaa laws and all of these privacy laws that medical conditions mean that i, as a guneller, could do a background check on somebody who wants a gun, but there's no way that i have any access to know that that person is mentally ill, which has been the pattern with some of these most recent shooters that you point out. >>> so, i, as a mother of children ages 8, 8, 5 and 3, you're damn right i want to know about people with guns out there. >> but, billy, i know there's a cultural thing in america. i know many people believe the second amendment entitles them to have any gun they like. i also know there are lots of gun control laws already in existence in america. i can't walk around with a machine gun. there are already bans on these things. i don't understand why given the five mass shootings in america all involve these ar-15 assault rifles, why are they still available to any other deranged persons in america at places like walmart? why? >> this is the debate. when i talk to my friends that are anti-gun control, and i say do you want to keep guns out of the hands of f

how much information can school personnel provide to law enforcement without violating hipaa or privacy >> the goal is to create a standardized emergency plan for schools in san mateo county. tomorrow's summit is at the oracle conference center in redwood city. >>> president obama is reportedly nominating the mayor of charlotte, north carolina, to be his next secretary of transportation. mayor anthony fox, who sat the forefront of last year's democratic national conversation is president obama's first african-american nominee among his second term cabinet. if nominate head would replace ray lahood who announced in january he would be leaving the post. >>> new evidence suggests most people have remained thrifty even though they're better off than they were during the stock market crash and recession. >> reporter: grocery shoppers here reduce spending during the economic downturns still aren't showing any interest in going back to brand names. >> i like the store brand because it's cheaper. it is cheaper. but it tastes all the same to me. >> reporter: deloitte consulting annual american p

they should not be involved because the hipaa laws and sacred information between a patient and doctorroduction company to somehow think that this doctor is going to act in a reckless manner he did. michael jackson was showing up and saw from the videotape he was still performing and-- >> there were issues, there were issues how he was performing in the rehearsal. >> there were issues before this doctor, years ago. >> megyn: the jackson family claims they have a smoking gun e-mail in which aeg wrote to dr. murray and said we want to remind you that it's aeg not michael jackson paying your salary and we want to remind dr. murray what is expected of him. so, if they can show aeg was controlling this doctor to some extent, it will help their case, i guess? >> megyn, and that's the type of control that only an employer can exert and that e-mail is a smoking gun if there ever was one. the kids will testify because the defense wanted to introduce the evidence of the drug use in the past and kids will take the stand to refute that and crying emotional kids against big evil corporate concert p

seeking clarification of the laws of confidentiality known as hipaa specifically asking why we have not loaded 1.5 million more records into the national instant criminal background check data so that these people cannot purchase guns. i hope the secretary will respond soon. recently also handed a note to the president of the united states. i'll continue to pursue questions with the general accounting office asking where are we spending our money? and is it effective in going to help those with mental illness and severe mental illness? we simply don't know. in the united states an estimated 11.4 million americans, or about 4.4% of all adults suffer from serious mental illness. what happens is states in many cases to not submit those records to the national instant criminal background check. those many states that haven't submitted many at all. this is a problem. underlying all this we had better take off our blinders and deal with the underlying root cause of mass violence, untreated mental illness. look at yesterday in the news when a man went on a campus and attacked people with a kni

under hipaa, a major goal is to ensure that individual's health information is protected while allowing the flow of health information needed to pro he vied and promote high quality health care and to, get this, protect the public's health and well-being. well, that phrase apparently falls under new york state's new gun law called the safe act. it goes after people, quoting again here, likely to engage in conduct that would result in serious arm, self or others. and the lawyers says, david lewis, never made any threats, no criminal record, no history of violence. but did get medication for a short-term illness, but david lewis' doctor did not report him to the state. here is the deal. under the new law, nurses, social workers can request that your guns be taken away, but it was unclear exactly who turned him in and now as you said, megyn, nobody turned him in. the new york state police got this wrong with the erie county clerk now saying, quoting here, when the state police called to tell us they made a mistake, and had the wrong person, it became clear the state did not do their job he

are you familiar with the hipaa law, the health information privacy protection act.alization of people who were mentally ill and those kind of things. in this situation it is a voluntary piece of information. you have to be willing to give up that piece of information to purchase something that, if you did have a problem like that, would affect it. that's completely actually reasonable. it wouldn't violate that at all. >> okay. >> kind of like saying your eyesight, for example is technically a medical issue if you have difficulty seeing but you still have to pass an eye test to get a driver's license. similar ballpark in that. the right to keep and bear arms doesn't mean that you can -- literally fire them abjectly into a crowd so there is a certain level of -- >> stephanie: i remember when rush limbaugh was whining for the aclu to help him keep his medical records private. [ baby crying ] >> such an outrage. >> the problem was -- >> i think the aclu offered to help and he didn't take the help in order to save face. yeah. >> i also think it is because he -- he might

the machin-toomey proposal said hipaa doesn't apply to the records. that's something that obama actually was trying to work on to regulation. but it can still be a difficult line to draw for congress. >> host: thomas in thomas river, new jersey. democrat, please go ahead. >> caller: hi. a -- [inaudible] make my statement. first of all, i'm paralyzed because i was shot 34 years ago. by somebody a child was playing with his father's gun. and another kid was killed a couple of days ago here. a 4-year-old shot a 6 yermd a ---year-old with a gun. any law that can be made whatsoever they can cut down on the -- [inaudible] because of the trauma goes on not only for the individual, not only to the families but the trauma to the country. because it pulls so many people away from -- [inaudible] from their responsibility other than their families. and also, not the cost. the cost for the country in dollars. talking about the big debt that is -- and nobody wants to talk about how much money it costs on the injuries with guns. 100,000 people get shot every single