Response to Office of Civil Rights-HHS

per our phone conversation:
We received your letter on pending HIPPAA complaints which indicated that none of the documents submitted that listed the parties and explanations were attached. yet it indicates there are @ 10,000 documents. We had given our written permission for you to review those documents as background information to the current complaints,, as new incidents and retaliations keep on occurring. Also, we'd repeatedly asked you why you would not accept and investigate any of the Govt contractors, agencies or business associates which is what, we now understand, is what the claims processing contractors for Medicare and my other govt health plans are called.
The general counsel for HHS for civil rights stated that those entities were not placed under the HIPPAA law in 2003. So , when a medical entity files a claim with any of them they are indirectly releasing my information to an unprotected source since there is no 'guarantee by law' of privacy and protection of those records and those records are constantly being subjected to what wold be considered HIPPAA violations, if they were under the law.
There are now 21+ civil rights complaints filed at the same time each of the HIPPAA complaints were filed by Linda and the complaints filed by Doyle and more recently by our daughter who has become a victim as her insurance line up is dependent on Linda's official status. Her personnel files and other pending files are currently all missing or destroyed and rumor and gossip is spewed around as fact.
The entities listed are all covered under the Civil Rights violations and the General counsel found it 'incredulous'? that not one of them had ever received a reference number or acknowledged. We do have the certified mail receipts that show Forms 699 were received as well as 700's. The first complaints were file din 1/08 and a phone call from the manager of the Dallas Regional office of Office of Civil rights, HHS indicated that both were in file.
During the lengthy and physically exhausting phone call with the Senior Equal Opportunity Specialist whose letter we are answering, I could not get a response as to what may have happened to the civil rights complaints and whether the documents his staff needed to proceed with the HIPPAA complaints might be with them assigned to a different party or section. We have waited to hear a response and none has come.
There are close to 100,000 documents that have been faxed and mailed at great physical and financial expense and all but a few seem to have 'disappeared.' New violations are clearing explained as they occurred and much of the documents were published on line with various media news organizations,printed out and signed as a response to having no way of documents getting from us to the investigator assigned. Even the list of named parties has been sent multiple times. This letter indicates that you never received our first response which was signed for as certified letter by a party in you office.
The civil rights complaints are all encompassing and cover a more broad spectrum of the issues. Each one signed by Linda also indicates that alone with the protected categories she checked was an additional one: retaliation for prior EEOC activity. Currently, there are over 230 pending EEOC complaints filed by her that have not been settled when she was an HHS employee before Social Security became independent and an agreement signed with them but not on behalf of or with HHS.
Several laws seem to pertain to Linda and her family that is directly affected that some seem not to be aware of. Linda chose to remain under Civil Service Retirement system back in the 1980's when FERS came in for new employees. No finalization's of any retirement can occur until there is a final dispensation of her Federal Workers Compensation claim. Numerous OWCP judges have remanded the case back and its 'disappeared' numerous times in recent years, also.
Linda seems to be getting the same information from various agencies, etc. as to what is occurring: files are going unprocessed and disappearing and orders are being given by some unnamed entity to not open the file and see the issues and don't process and in some cases send the file, here or there and or destroy it! That's an added violation of our civil rights to not have any redress of grievances under the constitution which has placed Linda's medical treatment in jeopardy which is needed for her to sustain life. The rest of the family's health care is also affected.
We are begging for a fax number to be made available that can be used so that the documents sent will reach you for your staff to review and respond to the issues and incidents on both the HIPPAA and the civil rights complaints. The fax number listed on the complaint forms is an active number but somehow the documents your office receives on it doesn't get to you or any investigator and this has been an ongoing problem for over a year now.
The general counsel said that We have a right to request a hearing on the civil rights complaints that are over 180 days, but can ind no forms or instructions on line to do that. Please have your office send us the forms and instructions.
As for the HIPPAA complaints, we are asking for a signed statement that HIPPAA doesn't pertain to govt officials, govt health plans, contractors, and business associates as we wish to have that glaring omission declared unconstitutional on appeal.
You claim this is a second request with no response which is not true!
Many of Linda's files in many agencies started to blatantly be destroyed and go missing about the time the 9/11 Commission asked for documents of those who were witnesses and/ or victims of incidents prior to 9/11. A regional general counsel for the FBI checked and found that Linda's witness statements with them had been destroyed rather that the request from the 9/11 commission being complied with. They did not go back before 1995 and the full truth that goes back 22 years as to : why 9/11 happened has still not been told and the needed corrections done to protect our country. Please let us know what fax number to use to resubmit the documents and any others that pertain. ( all do) to one complaint or the civil rights complaints. Its a violation of our rights that complaints can't get reviewed and receive a legal reasoned answer and since the incidents keep on occurring and obstructing life sustaining medical treatment and creating financial hardships not investigating just causes more violations and retaliations.
Please do not deny our requests because documents can't get from us to the person in your office that needs to act on them.
We have neither the financial or physical ability to keep sending documents that never get read. If one would read the summation attached to the complaints that should clarify the issues. As Linda told Mr. Roush in early 2008 when the first complaints were filed: Doesn't my medical providers and suppliers have a right to know whom to bill? when he said I'd just filed them to get my oxygen paid for which the attached summations clearly showed was not the entirely of the complaints. Where did he get that info to call Linda and 'chastise her resoundly for filing?' That clearly shows an outside influence on the process of investigating HIPPAA and Civil rights. Who told him that? No response every received and apparently that part of the file is missing also. Is that same outside influence still at work? Parties can be questioned and documents received but we've never received any that have been obtained by your office or any other Office of Civil rights on our legally filed and complaints that show gross violations of both HIPPAA and Civil rights and continuing unconstitutional behavior.
Three US attorneys' have advised Linda that when her records, files, and submissions disappear from Federal work sites its a felony and another felony when a law enforcement report is not filed on the disappearance. Please do a thorough search of your facility(s) to see if they are laying somewhere or with another unit or individual then file a 'theft' report as the US attorneys' have said I'm to not just request your office do so, but must insist adamantly that it be done.


Doyle and Linda Joy Adams