HomeMy WebLinkAbout0100 INDEPENDENCE DRIVE - Health (2) 100 Independence Drive(Hyani nis)
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DEPARTMENT OF HEALTH&HUMAN SERVICES OFFICE OF THE SECRETARY
a Voice(617)565-1340,(800)368-1019,TDD(617)565-1343,(800)537-7697
ty FAX(617)565-3809,httn://www.hhs.pov Office for Civil Rights,Region I
JFK Federal Building,Room 1875
Government Center
UN 2 7 2003 Boston,MA 02203-0002
Mr. David Stanton
200 Main Street
Hyannis, MA 02601
Our Reference number: 06-57121
�. Dear Mr. Stanton:
Thank you for your complaint, which was received by the U.S. Department of Health and
Human Services (HHS), Office for Civil Rights (OCR), on September 06, 2006. In your
complaint, you allege a violation of the Federal Standards for Privacy of Individually Identifiable
Health Information(45 C.F.R. Parts 160 and 164, Subparts A and E,the Privacy Rule).
Specifically, you allege that Physician's Medical Center(PMC),Neena Chaturvedi, MD is not
safeguarding patient information as you received a complaint of an overflowing dumpster and
retrieved records containing patient information from this dumpster at PMC's site in Hyannis,
MA.
OCR enforces the Privacy Rule, and also enforces Federal civil rights laws which prohibit
discrimination in the delivery of health and human services because of race, color, national
origin, disability, age, and under certain circumstances, sex and religion.
Upon review of your complaint, we have determined that OCR does not have authority to
investigate your complaint, and therefore, is closing this matter. The Privacy Rule applies to
covered entities, which include only: (a) a health care clearinghouse; (b) a health plan; (c) a
sponsor of a Medicare-endorsed prescription drug discount card;or(d) a health care provider
which transmits"any health information-in electronic form in-connection with,a transaction for, i_, ,
which HHS has adopted standards. A search of the MA Secretary,of State's on-line corporate "
information records did not reveal the company to be currently operating at the Hyannis site and
Dr. Chaturvedi is not practicing having voluntarily agreed not to practice. In a telephone
conversation with a member of my staff, you stated that the matter had been resolved while PMC
was in operation; fines were levied, paid, and the dumpster was emptied. Therefore, OCR is
closing this matter and will take no further action.
OCR's determination, as stated in this letter, applies only to the allegations in this complaint that
were reviewed by OCR.
Under the Freedom of Information Act, we may be required to release this letter and other
information about this case upon request by the public. In the event OCR receives such a request,
we will make every effort, as permitted by law, to protect information that identifies individuals
or that, if released, could constitute a clearly unwarranted invasion of personal privacy.
Page 2 06-57121
If you have any questions regarding this matter, please contact Evelyn McCarthy, Investigator, at
(617) 565-1350 (Voice), (617) 565-1343 (TDD).
Sincerely,
Peter K. Chan
Regional Manager
4.
Citizen Request Management - Internal Use
Request ID: 20390 Created: 9/5/2006 9:09:45 AM
Status: Closed Assigned To: Stanton, DavidHealth Office
1111,
/ Anonymous: No Category: Section 353-1 Garbage
y and Rubbish
E.C. Date: 10/6/2006
Created By: Wadlington, Ellen Citations:
Health Office
Time Worked: 11.25 Response Time: 4.50
r Requestor Details: ,1
TF
Unknown Ma 00000
Email:
Request Location: Physician's Medical Center
100 INDEPENDENCE DRIVE
Hyannis, Ma 02601
Parcel Number: Map: 294 Block: 070 Lot: 002
Request:
Medical center has overflowing dumpster; trash and debris, i.e., rubber gloves, syringe
jackets, etc. blown all over area. Have called and nothing has been done. Complainant works
at Cape Cod Potato Chip distribution center across the street.
Request Work History:
Entered on 9/5/2006 2:53:00 PM
by Stanton, David
DS went to said location on 9/5/06. DS observed a bunch of garbage strewn throughout the
area. Most of the garbage appears to be from PMC, as the photos will show (Bio hazard bag,
rubber gloves, paperwork for viagra,Tetanus &Diphtheria, lots of papers with medical notes
about the patients, DOB's, medical conditions, etc, signed by Neena Chaturvedi, MD, Dr. Hazard,
etc.) DS will send a warning notice when he gets time. DS will also order them to screen in the
dumpsters as well. Also, DS will order that their dumpsters be covered (BFI roll off is not covered)
Dumpster abutting the CC Potato Chip warehouse is from Allied waste, unsure of the owner of
that dumpster, but it is covered. Photos linked below.
Entered on 9/6/2006 10:30:41 AM
by Stanton, David
On 9/6/06 DS called State, which referred DS to Board of Medicine (617) 654-9800 for
probable HIPPA complaint. Transferred several times, to Attorney of the day, DPH, etc. Next told it
was Federal Gov't. Given the number of(617) 565-1340. Called, transferred to the Inspector on
I
Duty (Karen) got her voice mail. DS left a message about the complaint and left his name and
number.
Entered on 9/6/2006 1:37:24 PM
by Stanton, David
On 9/6/06 DS finally got through and was told to call the Federal Government about the
complaint. The phone number to call is (617) 565-1340, Dept. of Health and Human Services,
Office for Civil Rights. DS spoke with the Inspector on Duty, Karen. She told DS to fill out the
complaint form using their website: www.hhs.gov/ocr/hipaa
Entered on 9/6/2006 1:40:09 PM
by Stanton, David
Karen called DS back and wanted to know if the confidential information was still blowing
around. DS said probably. She said it would be a good idea to collect it so that the confidential
information doesn't continue to be available. DS went to said location and collected any
documents that appeared to have any confidential information on it. DS faxed the form to the
Feds on 9/6/06. The form is linked below. DS is awaiting a response from the Feds about the next
step (if I should notify the Doctor, destroy the information or keep it for the investigation)
Entered on 9/8/2006 10:41:11 AM
by Stanton, David
On 9/8/06 DS mailed a warning notice, Bar 3462. Ordered to clean up garbage by 9/12/06.
Entered on 9/13/2006 9:58:30 AM
by Stanton, David
On 9/12/06 DS received a letter from the Department of Health &Human Services with
confidentiality information and two forms that needed to be signed and returned to them to move
forth with investigating the complaint. DS copied the signed forms to keep on record and mailed
the originals signed back to the Department of Health & Human Services on 9/12/06.
Entered on 9/13/2006 11:26:58 AM
by Stanton, David
Last modified on 9/13/2006 11:44:35 AM
On 9/13/06 @ 10:25 AM DS conducted a follow up to see if the trash has been cleaned up. It
has not. DS will start issuing the $100.00/day tickets now. Photos linked below. DS also noticed
some receipts from Solstice day spa on the ground. DS went into the building and spoke with the
secretary at solstice day spa and let her know about the violation and that if not cleaned up in 24
hours, it is $100.00/day. DS gave her a business card with the names of the stylists he observed
on the garbage outside (Tabatha Rubini, Christine Gutterman, and Linda Mazon)They said it was
the owner of the building responsibility, but I told them otherwise per order Thomas Geiler. DS
went to place of business of complainant to let them know the status of the complaint, and that
tickets were being issued and we were pursuing the complaint. They were thankful of our efforts
and can't wait for it to be corrected. DS then went in to speak to Neena Chaturvedi, MD, but the
lady said she was not available because she had patients, DS explained the problem, so she went
to get the manager. Then another lady came up and said the manager was busy, but she might
be able to help and pass along the word. DS explained that $100.00/day tickets are being issued
for the trash violation. DS also explained that he contacted the Federal Government about all the
personal medical records blowing around for the general public to view and that it was most likely
a HIPPA violation. DS told her that he did pick up all the medical records he observed last week
and is holding them at the request of the Federal Government and awaiting the pending decision
from the Federal Governments investigation.
Entered on 9/13/2006 2:57:29 PM
by Stanton, David
On 9/13/06 Eva Purkarova (her number located in internal notes) called several times trying to
get a hold of DS regarding the dumpsters. DS called Eva back, and she referred him to speak with
a Jane. DS spoke with Jane. Jane was very concerned about the problem. She was curious what
the documents were. DS explained the types of documents over the phone and said he is holding
them pending the investigation by the Feds. She says they will try to clean it up ASAP. She wants
to investigate if it is someone internally that is not doing their job, as they hire someone that is
supposed to shred the documents.
Entered on 9/14/2006 9:30:42 AM
by Stanton, David
On 9/14/06 DS called Dr. Chaturvedi as there was a phone message in DS's keyboard. No
answer,just voice mail with a male voice. DS left a message he was returning a call for Tom
McKean and to call DS back regarding his issue. DS is awaiting a return call from Dr. Chaturvedi.
Entered on 9/14/2006 11:55:50 AM
by Stanton, David
On 9/14/06 DS mailed out bar 70305 for the violation on 9/13/06.
Entered on 9/14/2006 2:04:47 PM
by Stanton, David
On 9/14/06 DS went back to said location. The garbage is all cleaned up from the ground. No
more tickets will be issued at this time to Neena Chaturvedi, MD. DS is closing case for now, but
will re-open and add any info should the Feds investigate the HIPPA violations.
Entered on 10/4/2006 3:23:25 PM
by Stanton, David
On 10/4/06 DS re-opened the case. Dr. Neena Chaturvedi made the cover of the Cape Cod
Times for 11 allegations of problems with the State Board of Medicine. State Board of Medicine
website is www.massmedboard.org. DS spoke with Norma Jaynes at the State Board, contact
number in internal notes. DS contacted Karen at the Federal Government to let her know the
State may be calling regarding the case as well. Karen got DS the contact info for their
investigation. Investigating the complaint from the Federal Govt is Donna Gartelman. Donnas
number is in the internal notes. Norma and an attorney will stop by the Health Dept. sometime
after 2:00 PM on 10/5/06.
Entered on 10/13/2006 4:26:20 PM
by Stanton, David
On 10/13/06 a rep from Dr. Chaturvedis' office came in to pay for the ticket. DS gave her the
ticket. She wanted to know how much. She is going to pay for it on Monday. She then went to
Conservation to find out what tickets she had there as well.
Form Approved:OMB No.0990-0269
+,S1RV1 .L See OMB Statement on Reverse.
s' DEPARTMENT OF HEALTH AND HUMAN SERVICES
1 OFFICE FOR CIVIL RIGHTS (OCR)
I zi�
HEALTH INFORMATION PRIVACY COMPLAINT
If you have questions about this form,call OCR(toll-free)at:
1-800-368-1019(any language)or 1-800-537-7697 (TDD)
OUR FIRST NAME YOUR LAST NAME
David Stanton
HOME PHONE WORK PHONE
( ) ( 508 )862-4647
STREET ADDRESS CITY
00 Main Street Hyannis
STATE ZIP E-MAIL ADDRESS(If available)
MA 02601 david.stanton@town.bamstable.ma.us
Are you filing this complaint for someone else? ®Yes ❑ No
If Yes,whose health information privacy rights do you believe were violated?
FIRST NAME LAST NAME
0o many to list
Who(or what agency or organization,e.g., provider, health plan)do you believe violated your(or someone else's) health
information privacy rights or committed another violation of the Privacy Rule?
PERSON/AGENCY/ORGANIZATION
PMC(Physician's Medical Center), Neena Chaturvedi,MD
STREET ADDRESS CITY
100 Independence Drive Hyannis
STATE ZIP PHONE
MA 1 02601 ( 508 )778-7900
When do you believe that the violation of health information privacy rights occurred?
LIST DATE(S)
9/5/06,9/6/06 and prior
Describe briefly what happened. How and why do you believe your(or someone else's)health information privacy rights were
violated,or the privacy rule otherwise was violated?Please be as specific as possible. (Attach additional pages as needed)
j I am a Health Inspector for the Town of Barnstable,Massachusetts. I received a complaint about an overflowing dumpster at PMC with
garbage flying around. I investigated the complaint on 9/5/06. I observed and took photographs of the garbage all over the ground. There
were several medical records containing peoples injuries\conditions,DOB's,addresses,policy numbers,medications,etc. on the ground. On
9/6/06 when I went to fill out my report a coworker suggested I contact someone about all the confidential information that was observed. I
called the Massachusetts DPH and they referred me to this department I have photographs of the violation if you need them. I also went
back and collected all the confidential documents I could as requested by Karen,the Inspector on Duty with your department,so that the
confidential information did not continue to be available to anyone. Do you want me to save the documents for your investigation or should I
destroy them? They are a little damp as it rained last night. Do you want me to notify the Doctor about this complaint?
Please sign and date this complaint.
SIGNATURE DATE
9/6/2006
Filing a complaint with OCR is voluntary. However, without the information requested above, OCR may be unable to proceed with
our complaint. We collect this information under authority of the Privacy Rule issued pursuant to the Health Insurance Portability
and Accountability Act of 1996. We will use the information you provide to determine if we have jurisdiction and, if so, how we will
process your complaint. Information submitted on this form is treated confidentially and is protected under the provisions of the
Privacy Act of 1974. Names or other identifying information about individuals are disclosed when it is necessary for investigation of
possible health information privacy violations, for internal systems operations, or for routine uses, which include disclosure of
information outside the Department for purposes associated with health information privacy compliance and as permitted by law. It
is illegal for a covered entity to intimidate, threaten, coerce, discriminate or retaliate against you for filing this complaint or for taking
any other action to enforce your rights under the Privacy Rule. You are not required to use this form. You also may write a letter or
submit a complaint electronically with the same information. To submit an electronic complaint, go to our web site at:
Www.hhs.gov/ocr/privacyhowtofile.htmi. To mail a complaint see reverse page for OCR Regional addresses.
HHS-700(4/03)(FRONT)
(The remaining information on this form is optional. Failure to answer these voluntary
questions will not affect OCR's decision to process your complaint.)
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❑ Braille ❑ Large Print ❑Cassette tape ❑Computer diskette ❑ Electronic mail ❑TDD
❑ Sign language interpreter(specify language):
❑ Foreign language interpreter(specify language): ❑ Other:
If we cannot reach you directly,is there someone we can contact to help us reach you?
FIRST NAME LAST NAME
Thomas McKean
HOME PHONE WORK PHONE
( ) ( 508 )862-4644
STREET ADDRESS CITY
00 Main Street Hyannis
STATE ZIP E-MAIL ADDRESS(If available
MA 02601 thomas.mckean@town.barnstable.ma.us
Have you filed your complaint anywhere else?If so, please provide the following. (Attach additional pages as needed.)
PERSON/AGENCY/ORGANIZATION/COURT NAME(S)
DATE(S)FILED CASE NUMBER(S)(If known)
o help us better serve the public, please provide the following information for the person you believe had their health information
privacy rights violated(you or the person on whose behalf you are filing).
ETHNICITY(select one) RACE(select one or more)
❑ Hispanic or Latino ❑American Indian or Alaska Native ❑Asian ❑ Native Hawaiian or Other Pacific Islander
❑ Not Hispanic or Latino ❑ Black or African American ❑White ®Other(specify): Several
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Burden Statement
Public reporting burden for the collection of information on this complaint form is estimated to average 45 minutes per response, including the time fo
reviewing instructions, gathering the data needed and entering and reviewing the information on the completed complaint form. An agency may no
conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: HHS/OS Reports
Clearance Officer,Office of Information Resources Management,200 Independence Ave.S.W.,Room 531 H,Washington,D.C.20201.
HHS-700(4/03)(BACK)
Health Complaints
05-Apr-06
Time: 12:46:00 PM Date: 4/4/2006 Complaint Number: 18727
Referred To: DAVID STANTON Taken By: Tina Fontaine
Complaint Type: ARTICLE X- FOOD
Article X Detail: ILLEGAL OPERATIONS
Business Name:
Number: 100 Street: Independence Dr
Village: HYANNIS Assessors Map_Parcel:
Complaint Description: a person is selling coffee in the lobby entrance
of The Phyician Medical Center. Caller didn't
know if this was suppose to be happening in the
lobby. There is also no running water.
Actions Taken/Results: DS WENT TO SAID LOCATION. NO ONE
OBSERVED SERVING COFFEE, BUT THE
RECEPTIONIST DID SAY THAT THEY DO
HAVE SOMEONE SELLING COFFEE THAT IS
FOR A NON-PROFIT CHARITY. DS LEFT A
CARD AND TOLD THEM TO CALL HIM. DR.
CALLED DS ON 4/5/06 (CELL 617-717-4500)
DR. CAME IN AND SPOKE WITH DS
BRIEFLY ON 4/5/06. DS WENT TO SAID
LOCATION, AND TOOK PHOTOS. SINGLE
SERVICE USE. DISPOSABLE CUPS.
BOTTLED WATER. NON-PROFIT, HAS FILE
501 C, JUST WAITING FOR ACTUAL
NUMBER, THEY TOLD HIM IT MAY TAKE UP
TO A YEAR, BUT IT IS RETROACTIVE FROM
THE APPLICATION DATE. DS TO CONSULT
TM AS TO NEXT STEP.
Investigation Date: 4/4/2006 Investigation Time: 2:45:00 PM
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Town of Barnstable
Regulatory Services
BARNSrABLE,
nUS& $ Thomas F. Geiler, Director
�ATfD MA'S a,0
Public-Health Division
Thomas McKean, Director
367 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
Kara Shumway
Bennett & O'Reilly
PO Box 1667
Brewster, MA 02631
April 18, 2001
Dear Ms. Shumway:
As per your request, I have gathered all of the information that the Town of Barnstable Health
Division has on file regarding the 8 map and parcels you are researching. The following is what
I have found:
294-062: No address file, no underground storage tanks
294-013: Address file, no underground storage tanks
295-013: No address file, underground storage tank
294-068: Address file, no underground storage tanks
294-011: Address file, no underground storage tanks
295-015-X02: Address file, no underground storage tanks
295-017: No address file, no underground storage tanks
295-021-H00: No address file, no underground storage tanks
For each map and parcel that is listed as having an address file, I have sent along copies of any
information that may impact a 21 E report. For the map and parcel that has an underground
storage tank on site, I have included a print out from our database that contains all of.the
information we have on file.
The fire department also keeps incident files which may provide you with additional information.
If you have any questions or concerns, please feel free to contact me at (508) 862-4644.
Sincerely,
\Lou,-
Korin Scheible, MPH
0 7,� ' ko Date:
TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM
NAMEOFBUSINESS: Aw 1- toc
BUSINESS LOCATION: /Da AP-601
MAILINGADDRESS: Mail To:
TELEPHONE NUMBER: Ste&- EZj— Board of Health
Town of Barnstable
CONTACT PERSON: P.O. Box 534
EMERGENCY CONTACT TELEPHONE NUMBER: Hyannis, MA 02601
TYPE OF BUSINESS: derl/ro- etc e
Does your firm store any of the tot
or hazardous materials listed below, either for sale or for you own
use? YES NO
This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed
envelope for your convenience.
If you answered YES above, please indicate if the materials are stored at a site other than your mailing
address:
ADDRESS:
TELEPHONE:
LIST OF TOXIC AND HAZARDOUS MATERIALS
The Board of Health has determined that the following products exhibit toxic or hazardous character-
istics and must be registered regardless of volume. Please estimate the quantity beside the product that
you store. NOTE: LIST IN TOTAL LIQUID VOLUME OR POUNDS.
Quantity Quantity
Antifreeze(for gasoline or coolant systems) Drain cleaners
NEW USED Cesspool cleaners
Automatic transmission fluid Disinfectants
Engine and radiator flushes Road Salt (Halite)
Hydraulic fluid (including brake fluid) Refrigerants
Motor oils Pesticides
NEW USED (insecticides, herbicides, rodenticides)
Gasoline, Jet Fuel Photochemicals (Fixers)
Diesel fuel, kerosene, #2 heating oil NEW USED
Other petroleum products: grease, Photochemicals (Developer)
lubricants, gear oil NEW USED
Degreasers for engines and metal Printing ink
Degreasers for driveways & garages Wood preservatives (creosote)
Battery acid (electrolyte) Swimming pool chlorine
Rustproofers Lye or caustic soda
Car wash detergents Jewelry cleaners
Car waxes and polishes Leather dyes
Asphalt & roofing tar Fertilizers
Paints, varnishes, stains, dyes PCB's
Lacquer thinners Other chlorinated hydrocarbons,
NEW USED (inc. carbon tetrachloride)
Paint & varnish removers, deglossers
Any other products with "poison" labels
Paint brush cleaners (including chloroform, formaldehyde,
Floor& furniture strippers hydrochloric acid, other acids)
Metal polishes
Laundry soil & stain removers Other products not listed which you feel
(including bleach) may be toxic or hazardous (please list):
Spot removers & cleaning fluids
(dry cleaners)
Other cleaning solvents
Bug and tar removers
WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS r
Sent By: ATLANTIC NORTH; 5088336363; Mar-21 -06 2:11PM; Page 2
— 11.03 03/21/06 EST Pg 1-2
G
Walter Bednak
Casella Waste Systems
295 East Sandwich Ma 02563 r anl) IS
f
Re: Final Notice By Fax to 1 508 833 6363 and Ccrlified Mail
Dear Mr Bednak,
As communicated to you yesterday, we have terminated your account. This serves as final notice
to you that by 12 noon today, we will need your dumpster taken off the premises aT lOj— 0
Independence Drive. Department of Public Health inspectors will be called at 1 PM to inspect the
hazar ous situation caused by your not picking up trash in a timely manner.
On March 16a'2006 you picked up a check(number 2038 )in the amount $466.72 for our
account number 74 -039182 and did not indicate any issues relative to your ability to pick the
trash up in a timely manner. You later blamed your management company that they did not want
to pick up the trash. When your company was contacted for a legal notice,we were told to send the
legal notice to you.These games are very concerning for malicious hehavior.
For you to claim that additional monies are needed when without notice you caused significant
public health issue by not picking up the trash in a timely manner, amounts to malicious
misrepresentation.
We have previously requested that you pick up the dumpster and remove it from our premises.
You have told us that you need an additional $466.72 before which you will remove the
dumpster. This is a continuing pattern of poor business ethics. I have authorized that a payment of
$466.72 be handed over to you while you are taking the dumpster away from the premises.
If you do not remove the dumpster, we will make necessary trash removal arrangements and
deduct it from your bill and then have the dumpster towed to your facility.The costs of this towing
and any damage will solely be your responsibility.
You have further alleged that we have another construction account dumpster for which some
other money is outstanding. We cannot agree to this because our records do not reflect any
outstanding amount. We are still willing to look at the account and pay if the amounts tally out.
But under no circumstance will be field hostage to have a public health violation at our premise
because of other unrelated accounts.
1 will be forced to have counsel commence immediate legal proceedings to prevent us from the
several thousand dollar penalties because of your malicious actions.
Regards
Signed/
Rahul Chaturvedi
r