so that's one way that we feel that hipaa doesn't even come into the equation, hipaa would come into the equation when you're in treatment. and we really feel that if you're in treatment, and there is an issue, then the therapist should certainly take the opportunity to contact the closest people to the patient. >> thank you. my second question relates to hipaa. i heard a case where even though it is the department of veterans administration, where vha employees could not talk of vba employees and they used the excuse of hipaa. have you heard that -- have you had that problem? with your son? >> we haven't heard that was a hipaa issue. we felt it was a total communication breakdown issue, the fact there was -- the computer systems weren't compatible within the va system itself, and the fact that as far as we know phoenix still uses a postcard system for appointments, and nobody could document the fact that postcards were even sent. and we know for a fact that after daniel died, and the suicide prevention coordinator contacted his widow, and they were talking and they were going to sen

so that's one way that we feel that hipaa doesn't even come into the equation, hipaa would come into the equation when you're in treatment. and we really feel that if you're in treatment, and there is an issue, then the therapist should certainly take the opportunity to contact the closest people to the patient. >> thank you. my second question relates to hipaa. i heard a case where even though it is the department of veterans administration, where vha employees could not talk of vba employees and they used the excuse of hipaa. have you heard that -- have you had that problem? with your son? >> we haven't heard that was a hipaa issue. we felt it was a total communication breakdown issue, the fact there was -- the computer systems weren't compatible within the va system itself, and the fact that as far as we know phoenix still uses a postcard system for appointments, and nobody could document the fact that postcards were even sent. and we know for a fact that after daniel died, and the suicide prevention coordinator contacted his widow, and they were talking and they were going to sen

>> we haven't heard that that was a hipaa issue.e just felt that it was a total communication breakdown issue, the fact that the computer systems were incompatible within the v.a. system itself and the fact that as far as we know, phoenix still uses a postcard system for appointments and nobody could document the fact that postcards were even sent. we know for a fact that after daniel died and the suicide prevention coordinator contacted his widow and they were talking and they were going to send her some information as to what kind of counseling facilities were available for her and she asked where are you going to send it, they in their system had andreas that was four years old. and he had been involved with the v.b.a. and with the v.h.a. over that entire period of time. >> thank you. my time is quickly running out for mr. and mrs. silk. how long had clay been taking medication and how long was he denied medication through the v.a.? >> he began taking medication 2007 when he was back at 29 palms recuperating from the gunshot woun

so that's one way that we feel that hipaa doesn't even come into the equation, hipaa would come into the equation when you're in treatment. and we really feel that if you're in treatment, and there is an issue, then the therapist should certainly take the opportunity to contact the closest people to the patient. >> thank you. my second question relates to hipaa. i heard a case where even though it is the department of veterans administration, where vha employees could not talk of vba employees and they used the excuse of hipaa. have you heard that -- have you had that problem? with your son? >> we haven't heard that was a hipaa issue. we felt it was a total communication breakdown issue, the fact there was -- the computer systems weren't compatible within the va system itself, and the fact that as far as we know phoenix still uses a postcard system for appointments, and nobody could document the fact that postcards were even sent. and we know for a fact that after daniel died, and the suicide prevention coordinator contacted his widow, and they were talking and they were going to sen

mccarthy, we heard an earlier panel issue dealing with hipaa. my question as it relates to hipaa is actually in the department. and i actually did find the oig report, and i heard that the veterans health administration and the veterans benefit administration could not exchange information because of hipaa problems. they both work for the same department. i'm not sure why there would be any hipaa problems with vha talking to vba. my question is, is the recommendation from the oig back in 2011 was that the v.a. medical center directors and vba directors will meet monthly. they meet monthly and discuss this issue. has that issue about any hipaa problems been resolved between vha and vba? do you know what the outcome of that is? if not, could you get back to the committee? >> i could give you an example. if i do an exam on a patient, that's not considered a vha document. it's considered owned by the veteran or by the vba, and so that's not something that vha releases. there are some separations that are aimed at protecting veterans. >> but both vba

it's not a hipaa violation.octors and nurses have a responsibility to help educate the public about health risks. we don't violate hipaa as long as we don't release an individual's name. >> doctor, sorry we don't have more time. thank you so much. with school starting, this is going to be a nightmare. thank you. >> thank you. >>> all right. coming up, jihadists at the border. why should this national security threat be addressed before it's too late? and vote tonight, what should we do with thousands of children 't >>> new fears tonight that the break down at the borer is what isis and others have been waiting for. the chaos creates the cover for these optatives to sneak sleeper cells into the united states. might they already be here? with me is the former deputy of defense for the reagan administration and the president for the center for security policy, frank gaffney. you are an expert on what is going on in the middle east. you know, isis, the caliphate and their attempt to regionalize their organization an

mccarthy, we heard an earlier panel issue dealing with hipaa. my question as it relates to hipaa is actually in the department. and i actually did find the oig report, and i heard that the veterans health administration and the veterans benefit administration could not exchange information because of hipaa problems. they both work for the same department. i'm not sure why there would be any hipaa problems with vha talking to vba. my question is, is the recommendation from the oig back in 2011 was that the v.a. medical center directors and vba directors will meet monthly. they meet monthly and discuss this issue. has that issue about any hipaa problems been resolved between vha and vba? do you know what the outcome of that is? if not, could you get back to the committee? >> i could give you an example. if i do an exam on a patient, that's not considered a vha document. it's considered owned by the veteran or by the vba, and so that's not something that vha releases. there are some separations that are aimed at protecting veterans. >> but both vba

it's not a hipaa violation.tors and nurses have a responsibility to help educate the publi risks. we don't violate hipaa as long as we don't release an individual's name. >> doctor, sorry we don't have more time. thank you so much. with school starting, this is going to be a nightmare. thank you. >> thank you. >>> all right. coming up, jihadists at the border. why should this national security threat be addressed before it's too late? and vote tonight, what should we do with thousands of children huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know words really can hurt you? what...? jesse don't go! jesse...no! i'm sorry daisy, but i'm a loner. and a loner gotta be alone. heee yawww! geico. fifteen minutes could save you fifteen percent or more. jesse? >>> new fears tonight that the break down at the borer is what isis and others have been waiting for. the chaos creates the cover for these optatives to sn sneak sleeper cells into the united states

it's not a hipaa violation.ses have a responsibility to help educate the public about health risks. we don't violate hipaa as long as we don't release an individual's name. >> doctor, sorry we don't have more time. thank you so much. with school starting, this is going to be a nightmare. thank you. >> thank you. >>> all right. coming up, jihadists at the border. why should this national security threat be addressed before it's too late? and vote tonight, what should we do with thousands of children entering into our country. facebook or tweet me @judgejeanine. hundreds of millions of dollars in jobs and infrastructure. thanks to startup ny, businesses can operate tax free for 10 years. no property tax. no business tax. and no sales tax. which means more growth for your business, and more jobs. it's not just business as usual. see how new york can help your business grow, at startup.ny.gov >>> new fears tonight that the break down at the borer is what isis and others have been waiting for. the chaos creates the c

the answer is no, hipaa overrides. to be able to be that bridge between somebody who is dying and the system. i applaud that effort. i am going to make sure we do everything we can to get that part of the law changed, because we can bring advocates into the lives of these struggling men and women. for the spouses trying to hold families together, we can do that, too. i want to thank you for your commitment on the issue of keeping the focus where it belongs. i think some day, i don't think this is a quick turnaround, but you have brought transparency and accountability of another layer of what america needed to hear. while we are trying to share your grief and find solutions to move forward, you had an opportunity to talk to the american people today. i guarantee you every single person who you are and influence to -- i will hear from a constituents today and say, i relate to that mom and dad father and my fellow serviceman. this is a tribute today. this is how government works, and we have a commitment to make sure we

it will reaffirm hipaa and an employee's right to privacy in those circumstances.d finally, it will also ensure that we look at ways to give women greater access to contraceptives. the legislation that i'll be introducing will also ask the f.d.a. to study whether women can purchase contraceptives over the counter and whether that would be safe and effective for adult women to be able to do that. so we should have the f.d.a. look at this issue to see if women can have even greater access than they do right now. but the american people need to understand that the hobby lobby decision did not change the access of women to contraceptives, which our bill supports, and in fact no employer can no what kind of contraceptives you may have been prescribed or otherwise using under our hipaa laws, and no employer can tell you that you can't fill a prescription for any kind of contraceptives that you think are appropriate and that your doctor thinks are appropriate for you. finally, i would say, our bill also does one other important thing: that is, to repeal the restrictions t

being a dentist, i have to know hipaa regulations and osha. i'm not excused from that, right? >> that's correct. >> so when we're talking about 6103 within the i.r.s. or d.j. or executive branch or anybody working within the federal government, they're pretty astute to who gets 6103, right? >> they should be. >> does it give them an excuse if they violate that? i mean, when i'm in under a malpractice case, i don't get an excuse from hipaa or osha, do i? >> not that i know of, depending on the circumstances. >> that's where i want to go here, because i'm talking from america. america wants to make sense of this jargon, this legal jargon. does anybody get away with 6103? >> if you violate 6103, if you violate the provisions, you should not get away with it. but it depends on the facts and circumstances, as with any case. >> wait a minute. i mean you just told me as a regular citizen i can't get away with hipaa and osha violations, but i can get away with a 6103? >> that's not what i'm saying. i'm sure not every single hipaa violation or osha violation is prosecuted. >> yes, i un

and, again, we feel it has a lot to do with fear of repercussions under the hipaa law. and also a total misunderstanding of what the law currently is. and i would like to take your point further and say that it shouldn't just be family, i think we would all like to say we did not have dysfunctional families, but there are dysfunctional families out there and so we started using the term support network. a lot of young men and women undoubt ledly join the service get away from families. that doesn't mean they don't have a support network. we would like to get away from the whole blood kinship and say it is a support network. i think it goes without saying, i recently read a report by national association mental illness that there is no question that family involvement is beneficial. there is just no question. it becomes more of an issue, i believe, and it is why howard an i have been trying to work with the dod to get them to identify a support network, because certainly in daniel's case, daniel was a geek. but he was at his absolute healthiest, mentally and physically a

i mean if i was jumping i mean it just sort of jump in hipaa but there are the risks of flying over awards are not obvious i mean are there any advantages to doing that. well you know. me a little. my. wife any. number. i'm. sorry we're not sure i'm going to jump in i really apologize we've got we've got a bit of a bad connection here hugh we're going to try and reestablish it will come back to you she ritchie the chief executive at aviation consultant international i do apologize thank you for your patience and i thank you for your patience for joining us here on ati today and with accusations being thrown in every direction russia's deputy defense minister has suggested kiev has some explaining to do i would like to express deep condolences to all people whose relatives were in this. i don't want to use this up i do need to blame anybody i just would like to raise a few questions to my. colleagues from force to solve ukraine. and russia wants kiev to explain why it believes ukrainian opposition forces shot down the plane and the government fighters don't have an air force so moscow wants

i'm sure that not every single hipaa or osha violation is prosky are dealt with. spent i understand that. >> that's what i mean. >> when we should 6103 to be an implicit ask from doj, right? >> there has to be an approval from the irs as i understand it. >> from the doj? >> no, from the irs to sheer 6103 information. they have to authorize that. >> do you have that in your possession from ms. lois lerner? >> have what? >> information to should 6103 she sent you a disc with 1.1 million applications with some 30 individuals have privilege information for 6103. the reason i bring that up is i'm hampered as a member of congress with pertinent information of 6103 and this is a willy-nilly just a flippant aspect of sharing a disc. she knew what was on there. >> i don't know that she knew there was -- >> or the enough to ditch it was represented to us at the time became that there was none. and i do know is she's the one who sent it or someone else from the irs -- >> weight. she's the one, the fbi says they're all for me. says they're all for me. she is one of correspond

just one area, it is the tax situation, from osha from you name it now affordable healthcare act, hipaadifferent regulations that are strangleing companies, sometimes the ceos say, i've had enough, i'll merge, we'll get a premium for shareholders and move on. neil: what do you think of those companys that try to use these tax rules and laws and secrets of tax code, so-called inversion lorule that allows them to buy a smaller player abroad, and take advantage of that country, taxes, president holds them out as unpatriotic examples, what do you think of that? >> i think two things from a political stand . it makes sense for those who are running for office to say this is bad, they need to pay their fair share of taxes, yada, yada, yada, but shareholders look for increase profitability and earnings, and anyway that company can increase return t to its shareholder, hae you a tug-of-war, political aspect, and have you the shareholders, i know personality, that shareholders put tremendous pressure on the board of a company, and senior management to continue to grow those earnings, if you can

to teach hipaa services this global world order and they can complain and not only do they get money back for the perception of the having lost the businesses you know they get paid damages they get it's a query could be just because you can just open up a top of money into foreign sovereign governments it's really crazy. and would really surprise me if the rest of the world because it seems to be mostly beneficial to a handful of western companies i think the rest of the world would be crazy to accept it i'm sure it will be lobbied and pushed and controlled and they'll be all kinds of nazi stuff going on behind the scenes but now on top of all this spying which of course many governments are already somewhat aware of but it now they have to also admitted to the citizens this is what is being done by them to our country so i think it will become politically very painful for governments to even to do to says a select president might be defeated just to expose also like act and soap and not be defeated said might go a long way even into the e.u. parliament like it already has but then

we have little thing called hipaa. you see the doctor you have to fill out all the paperwork. can you vet the questions? can you cherry-pick them? from what i read, they are pretty intrusive. some people may not agree. maybe they don't want this. kevin, what do you think? >> i have to agree with you. this is huge problem with drugs in our country. maybe start with border control. a lot of drugs are coming across mexico. why not? i don't like the big government. i don't like big brother approach but at the same time these people have problems. costing how many billions of dollars in taxpayer dollars in lost revenue, lost working at jobs, what pay we have to do for their hospital care. i think we have to find, a nip it at the bud somewhere. >> are you worried at all, andrea, about a slippery slope? once they check all the boxes. you're unconscious after doing a procedure or suffering a injury let's whip through the file. she did this. maybe she took illicit drugs when she fell on her head. >> may help them. >> but not if

looking at this and if the reservists and guards melon told me were true this is one of the largest hipaa violation in years. they are afraid to come into the va for care because they don't want it to come back at them at a later date. >> i see. well you're good at this doctor. if we are looking at the legislation that's being proposed today, we're talking $5 billion will be used to hire medical staff, check that, that's a positive to you? >> that's positive because we definitely need more hands in the kitchen this time. however, they mentioned a commission or possible oversight, but that seems to be if the va is operating efficiently. hopefully they're using the moneys appropriated in a manner that is consistent with proper veteran care. >> dr. katherine mitchell is a doctor in the va system and one of the doctors that helped expose the situation in phoenix and for world. thank you for your time. >>> millions of muslims across the world are celebrating eid al fitr. leaving dacca to celebrate. three day celebration for muslims with pipes and drums. but the violence in iraq, it is another

it's a violation of hipaa laws. >> response? >> they're not holding employees' feet to the fire.hey're saying we found some abuse. we're within our rights to regulate you. we're not invading your privacy. if it's medic will i necessary, they're going to take that into consideration. they're not allowed to be. under osha, they're not allowed to be. >> judy, if this is a production facility, it's factory. >> yes. >> if somebody walk was for half an hour and does it consistently, the line is held up. does the company have no right to discipline them and time their employees? >> to time them and discipline them? >> not at all? >> i would argue no. if somebody is in the bathroom for over a day that employee would be able to go to their employer and say, look, i'm having this type of issue or this type of issue. >> wait a minute. supposing it's blowing going to the bathroom and they're doing business on the cell phone in the bablt room on company time. >> you can't bring your cell phones to the bathroom. >> isn't that an invasion of privacy? >> no, not at all. >> isn't that an outrageo

she said they were not breaking the hipaa laws because if you broke the hipaa law you would have to tellames. guest: i don't buy that conspiracy theory. these people coming into the country are being evaluated and checked. let me say, i really think it's offensive when people refer to these children as illegals. majority of them are refugees. these are young people fleeing violence in their home countries. i've been to el salvador and some of these countries. in many cases these kids are fleeing for their lives. these are refugees. we are a country that insists that other countries around the world take in refugees during times of crisis. we ought to be an example that we will do the same thing. these kids, they're coming into our country, deserve our help. and so we should lower their rhetoric and make sure these kids get the help they need. also focus in on some of the root causes as to why these young children are coming into our country t violence, lack of government, corruption, needs to be dealt . the violence, lack of government, corruption, needs to be dealt with. let's please we

the hipaa issue i think is one that the committee would agree needs to be addressed. i'm particularly interested in the pilot program that sergeant renschler participated in. my question would be about daniel. daniel's experience with the phoenix v.a., like many, many veterans' experience at the v.a. was one of lack of concern, lack of care, lack of follow through, and a discombobulated system that didn't allow veterans to get the care they needed. in particular, one of the struggles daniel faced was as a individual who served in classified service, he was unable to participate in group therapy. because he was not able to share the experiences he experienced while in service. and yet, at the phoenix v.a., he was unceremoniously put into group therapy, and when requested private therapy, was not able to get that care. and of course, as we know, he took his own life as a result of being unable to get that care. the medical home model, i believe, in the private community has provided an opportunity to create patient center care. and allow civilians to get the care they n

providing limited patient information to support allegations in a complaint is not a violation of hipaa. this isn't. certainly there are employees charged all over the nation for it. in addition peer reviews need to be part of the prohibited actions. they have a predetermination that this physician is not properly functioning even though there is certainly no level of his functioning and they can permanently sabotage a physician's ability to get employed not only inside the va or to the public sector. whenever you're subject of a peer review you evhave to repor that for the rest of your life. physicians ftruly face losing their livelihood. you need whistle blowers who are physicians. people who are trained to identify the high risk problems. >> dr. davis. >> thank you. i don't know if a new law would really change anything honestly at va if you don't have accountability. i think there's some structural changes that need to take place. one being a centralized human resource office that actually has operational authority. currently when i went through my situation of retaliation, i spoke

administrators cite ted hipaa to not involve family members were to be able to use modern technology..a. appointment system at dustin is inadequate it lacks basic documentation. the tea levin infrastructure is antiquated and prevents related agencies from sharing critical and permission. a there is a desperate need for compatibility for systems with and the of the h.j. and it dod. continuity of care was not a priority. >> no procedures in place that at the time daniel was apt the third the knicks see it -- v.a. to be seen for help with this fibril laotian pain. there were policies and procedures the fact since many patients tour stabilized and the revocation must there were inadequate. >> there is nowhere to ascertain the benefits there was no appointment system isç freezing or the procedures. no communication between determination and vocational rehabilitation. this report is offered in the spirit of a call to action and reflects the experience of daniel beginning in the fall 2007 until his death last june as a and tear our eyes. >> the impediments in deficiencies that daniel encount

providing limited patient information to support allegations in a complaint is not a violation of hipaa. it isn't but certainly there are employees charged all over the nation for it. in addition, sham peer reviews need to be part of the personnel action. that's where they drum up reasons to evaluate cases. and then they can permanently sabotage a physician's ability to get employed not only inside the va but in the private sector. whenever you're subjected to a peer review you have to report that. sham peer reviews are done specifically to sabotage the credibility of a physician. physicians truly face losing their livelihood, their ability to be employed again as a physician. you need whistle blowers that are physicians, people that are trained to identify the high risk problems. >> dr. david? >> yes, thank you. i don't know if a new law would really change anything honestly at va if you don't have accountabili accountability. i think there are some structural changes that need to take place. one being a centralized human resources office that has authority. currently when i went throu