HIPPA Complaint
3 Phone Calls

06/21/21

Office for Civil Rights
Dept of Health and Human Services
Attn: Patient Safety Act
200 Independence Ave, SW Rm. 509F
Washington, DC 20201
(202) 619-0403

Patient Safety Confidentiality Complaint

For your convenience, this document is published on the Internet at:
http://www.mkgappraisal.com/letter2020_30.htm

In early 2020 I purchased a cell phone with the telephone number (96x) 235-x47x. On April 30, 2020, in the midst of the Covid, I traveled to the Kaiser Permanente facility at 5555 E Arapahoe Rd. It was not my regular doctor.

It was late afternoon when I checked in at the pharmacy. The nice young woman offered to send me a text when my order was ready. She spoke the words with a pleasant smile on her face. I just wanted to get my medicine and go home.

I hesitated. I was unfamiliar with this building. Should I tell her my phone number? I felt pressure to make a decision. Should I politely refuse? Should I start asking questions?

Fruit of the Poison Tree

I told her my phone number.

I then left the counter to find a place to sit and wait. I was somewhat annoyed to have been put in that situation, but I tried to not think about it.

As soon as the Kaiser Pharmacy at Arapahoe Rd had tricked me into revealing my phone number, they immediately passed the 10 digit numeric piece of data along to the entire Kaiser Permanente organization. Two days later I got a junk text from the Kaiser Permanente Mail Order Pharmacy in Downey, California. It included zero useful information. Two days after that I got another one. I read all the way to the end. It included instructions on how to "stop receiving texts like these". I followed the instructions. Two weeks later I got another annoying junk text from the KP Mail Order Pharmacy in CA. Apparently, they considered this to be a different kind of text. I followed the instructions to "stop receiving texts like these".

About a week later, I got another text from the KP Mail Order Pharmacy. I decided they were not acting in good faith.

Do Not Call

I made several phone calls to the Kaiser Permanente Member Service Contact Center at (844) 837-6884. It became clear that the people I spoke with did not have the facts, and/or they were dishonest, and/or they did not have control of the phone system.

Below is a summary of my written documentation.

8/3/20
We received your request to have your phone number updated to '(999) 999-9999', please reply back to this email with a valid phone number and we will be able to update your phone number.
8/3/20
Nirbesh R.,
Customer Service Representative
Kaiser Permanente
Member Service Contact Center
Phone 1-844-837-6884

I keep changing my phone number to the number I want it to be: (214) 666-4321. Within a few days, a week at the most, my phone number gets changed to a number that I don't want it to be. I change it back. I change them both. And then, 10 days later, I have to change them again, because they have some how changed against my will. This is very annoying.
09/03/20
Phil Rice

reply on 10/2/20
Dear Philip Rice
We understand it can be frustrating to not have your correct contact information on file.
I have updated your phone number per your request. I have made sure the only number on file is (214) 666-4321 for your daytime, evening, and mobile number. We appreciate your patience and apologize for the inconvenience this may have caused.
10/02/20
Eloisa G.
Customer Service Representative
Kaiser Permanente
Member Service Contact Center
Phone 1-844-837-6884

on 10/1/20
Philip Rice by email,
to Jennifer McLean, MD,
my doctor, at Kaiser

I do not mind if you, my doctor, has my phone number. You can call me any time, day or night. If you ask a nurse or anyone else to call on your behalf, I will mind. If you are busy doing something else, I totally understand. Ask them to send an email. But don't try to call me on the phone unless you are able to make the call, please.
Response from Jennifer McLean:
I am still able to follow up for a phone visit with you as scheduled and do ask that you reconsider having this working number still evident in your chart, albeit not in the spot that the Kaiser automated system can access, in case we need to reach you for for something related to an appointment or lab results.

My position never changed. And I tried to make it as clear as I possibly could. My doctor was the only one who had my permission to call me, and my doctor was the only one who had my permission to have access to my phone number, because of the track record of phone abuse.

My HIPPA Complaint

This is a complaint for 3 unauthorized telephone calls, made by employees of (or on behalf of) Kaiser Permanente, on 07/24/20, 12/03/20, and 04/16/21. In each case, there was no legitimate way for the caller to obtain my phone number. And there was no legitimate way to justify the call.

In each instance, the call was a violation of my privacy.

This is a complaint against:
Sheetal V. Vakil, Colin Murtaugh, Mike Ramseier, Jane Doe (4/16/21 caller), Nirbesh R., and Eloisa G. Each of the 5 named persons is believed to be (or have been) an employee of Kaiser Permanente on the date in question. Jane Doe status is unknown.

Sheetal V. Vakil, Manager in Charge
Kaiser Permanente Mail Order Pharmacy
9521 Dalen St.
Downey, CA 90242
Sheetal Vakil is responsible for the call on 7/24/20.

Colin Murtaugh, PHA 0020944
Pharmacy Manager
Kaiser Permanente Aurora Centrepoint Pharmacy
14701 E Exposition Ave
Aurora, CO 80012
Colin Murtaugh made the call on 12/3/20
Colin Murtaugh is responsible for the call on 12/3/20

Nirbesh R., Customer Service Representative
Kaiser Permanente
2500 S Havana St
Aurora, CO 80014

Eloisa G., Customer Service Representative
Kaiser Permanente
2500 S Havana St
Aurora, CO 80014

Mike Ramseier, President
Kaiser Permanente
10400 E Alameda Ave
Denver, CO 80247
Mike Ramseier is responsible for the calls made on 07/24/20, 12/03/20, and 04/16/21.

To be clear:
this is not a complaint against my doctor,
Jennifer L McLean.

Call Number 1

Call Date: 7/24/20.
Caller name is unknown, did not identify himself.
I did not speak to the caller. He left a message.

Transcript:
Hi. This is the Kaiser Mail Order Pharmacy calling for Phil Rice.
It's regarding a recent prescription mail order that you placed with us.

So your benefits only cover a one month supply,
30 days only.
But this is one of those that you can get a 3 month supply,
but you just have to pay the cash price.
So we wanted to notify you of the 2 options.
To see which one you would prefer.
Our phone number here is area code 866 523 6059.
We're here Monday thru Friday 8 AM to 6 PM.
Thank You
[end]

Audio
Audio File.

Note that the caller says

"your benefits only cover a one month supply"

He says I can get 90 days but it won't be covered by insurance. This is complete bullshit.

He is talking about phentermine, which is a diet medication.

As per Huong Le, there is no such thing as insurance benefits for diet medication. Huong Le says there is a California law that prevents a pharmacy from dispensing more than 30 phentermine at one time. Huong Le is completely making up the part about the California law, but she is right when she says there is no such thing as insurance benefits for diet medication such as phentermine.

To put things in perspective, read my letter dated 8/20/20, and think about the crazy antics going on in Downey, CA, in direct contradiction to what this man was saying.

These people are in the pharmacy business. They should know better. There is no possible justification for this phone call. This phone call was a violation of my privacy.

Call Number 2

Call Date: 12/03/20.

Caller name: Colin Murtaugh
Pharmacy Manager at the Kaiser Centrepoint Pharmacy.

I did not speak to the caller. He left a message.

The Phone Message Debacle is documented on the Internet at:
http://www.mkgappraisal.com/letter2020_22.htm

Transcript:
Hi Mr Rice this is Colin calling from Kaiser Permanente Aurora Centrepoint Pharmacy. I did receive your letter thru the member services office. Basically it looks like you're requesting the name and license numbers of the people who dispensed your prescription. I'm fine with getting that information for you. I just wanted to verify who exactly you wanted because it's kind of a multi step process so multiple pharmacists might be involved with it. I will provide you my license number. We've actually spoken before. My license number is 20944, and I'm a registered pharmacist. My name is Colin and I'm on the license of this pharmacy at Aurora Centrepoint. Give me a call back and let me know what information you are looking for, that would be great. Give us a call at the main pharmacy number 303 614 7300 and ask to speak with Colin and they will forward you to me.

Audio
Audio File.

Call was made in context with:
KP Member Services. letter dated 11/6/20. http://www.mkgappraisal.com/letter2020_23.htm

It is undisputed that Colin Murtaugh knew, at the time he made this call, that only one person dispensed my prescription, and that Colin already knew the name of that person. Colin was not speaking candidly when he said "I'm fine with getting that information for you". Colin did not want to give up "that information". He was stalling and/or lying. He could have simply told me the name I was looking for, and he knew it.

There was no legitimate purpose for this call. And there was no legitimate way for the caller to obtain my phone number. This call was a violation of my privacy.

Call Number 3

Call Date: 4/16/21 3:52 PM.

Caller name is unknown, she did not identify herself.

Caller ID = 303 338 4241, Kaiser Call Center

No Transcript Available

No Audio Available

Call was made in context with:
Phlebotomy 2nd Review Letter, dated 4/9/21. http://www.mkgappraisal.com/letter2020_50b.htm

There was no legitimate purpose for this phone call.
And there was no legitimate way for the caller to obtain this phone number. This phone call was a violation of my privacy.

Sincerely,

Philip G Rice
11268 E Linvale Dr
Aurora, CO 80014
phil.rice@mkgappraisal.com
DOB = 04/25/53
KP Health Record Number 427582802

-- End of Letter --

Attachments:
scanned signed Complaint Form , 2 pages
scanned signed Consent Form , 6 pages
Scanned Do Not Call Documents:
email.Jennifer McLean 10/02/20
email.Jennifer McLean 10/01/20
email.Eloisa G. 09/30/20
email.Nirbesh R. 08/03/20
email.Rebeca A. 10/08/20
email.Nirbesh R. 10/05/20

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HIPPA Complaint 3 Phone Calls