KaiserGate: What You Can Do
Stop Kaiser's Attempt to Frame
The CA Department of Managed Health Care (DMHC) determined in June that Kaiser Permanente had posted the Systems Diagrams on the Internet, and that patient information had been on the Internet as long as four years. However, Kaiser is still pursuing a lawsuit against me, just because they can: the lawyers have been lying to the judge without shame.
A generous benefactor has taken care of my technical access problems, greatly increasing my ability to preserve the evidence. Thank you!
I appreciate any help people give me in any form: just the notes of support mean a lot to me.
I also have a legal fund, if anyone wants to donate. While I have a pro bono attorney, it still costs money to take depositions or get any kind of Discovery from Kaiser. The Kaiser attorneys are counting on me to be too poor to get evidence. Please help prove them wrong:
Write to Any or All of These People (or free fax)
Governor Arnold Schwarzenegger
My congressional representatives referred me to the Governor's office. However, the Governor does didn't bother toi respond to me.
Governor Arnold Schwarzenegger
Email Contact Form: http://www.govmail.ca.gov
California Attorney General Bill Lockyer
There's a convenient Contact form for the Attorney General's Office here.
California Department of Managed Health Care (DMHC)
The DMHC initially corroborated Kaiser's attempt to frame me. The DMHC issued an Order against me when they have no jurisdiction over private citizens, and then they used me for their own granstanding by issuing a press release. This helped Kaiser smear me. The DMHC did not bother to investigate or even call me before attacking me, a defenseless average citizen. They even issued the Order a week after I was no longer linking to the Kaiser site on my blog! When I protested, the DMHC pressured me into signing a quiet settlement to secretly post a revised version of their Order: I only agreed to this because they made it clear that challenging their jurisdiction would be a big legal fight that I couldn't afford. Then, even after I agreed to this settlement, the DMHC slipped some extra language into the Revised Order: they said they could do this because it wasn't mentioned in the settlement. When I protested, the DMHC opted not to post a revised Order at all, even though there was a signed settlement. When I wrote the Judge about this, she did not reply.
The DMHC is not only claiming jurisdiction over private citizens, it is seizing the power to deem anybody's Internet activity as injurious after the fact: like a Committee of Public Safety that tells people what their rules after they send them to the guillotine. This is an outrageous tyranny of the State which has implications for all citizens, and the DMHC must be called to account for what they have done here.
Voice: (888) HMO-2219
The DMHC has an online contact form here.
California Bureau of State Audits
The Bureau of State Audits has the power to investigate the DMHC's breach of jurisdiction. If I had known about them at the time, I would have gone straight to them instead of dealing with the DMHC at all.
555 Capitol Mall
You can find a convenient online form for filing a complaint here.
California State Senator Liz Figueroa
Senator Figueroa is chair of the California State Senate's Government Modernization, Efficiency and Accountability committee. She has previously used her influence to investigate the DMHC for acting outside it's jurisdiction and prefering to hush up their mistake at my expense instead of apologizing.
Federal Department of Health and Human Services (DHHS)
DHHS subsection Office of Civil Rights (OCR)
I initially reported Kaiser's web site to the OCR. The OCR denied me whistleblower protection after "talking to Kaiser" and reading the DMHC press release. In their letter, the OCR told me Kari Karsjens was my contact person, but she has not responded to me. By the way, Peter Grant, the boss of the Kaiser lawyers, is personal friends with Richard Campanelli, the current director of the OCR. Kari Karsjen's email is Kari.Karsjens@hhs.gov.
Here is the OCR contact info for my region:
Office for Civil Rights
Email (takes months for reply): OCRPrivacy@hhs.gov
The Department of Health and Human Services (DHHS) oversees the OCR, and the Inspector General of the DHHS has the power to investigate the OCR for how they dropped the ball in my case:
Office of the Inspector
Government Accountability Office (GAO)
The GAO might be able to encourage the OCR, or at least my ostensible contact Kari Karsjens, to respond.
The U.S. Office of Government Ethics
U.S. Office of Government
Federal Trade Commission (FTC)
The FTC investigates when corporations expose consumer information.
File an online complaint with the Federal Trade Commission here.
Federal Department of Justice
If the GAO doesn't help with the OCR, maybe the Attorney
General might? After all, it's a fraud on the American public
when government agencies neglect their responsibilities.
Senator Diane Feinstein
Senator Diane Feinstein initially referred me to the Governor's office, but when the Governor didn't get back to me, she pretended she didn't send the first letter. Moreover, she declared that most identity theft is committed by employees, implying that she believed Kaiser's attempt to frame me for stealing patient data!!!
DC Address: The Honorable Dianne Feinstein
1 Post Street, Suite 2450
More Contact Info for Diane Feinstein here.
Senator Barbara Boxer
DC Address: The Honorable Barbara Boxer
1700 Montgomery Street, Suite 240
More Contact Info for Barbara Boxer here.
Representative Barbara Lee
DC Address: The Honorable Barbara Lee
Find more contact information for your Congressional representatives here.
Find your Contact Information for your Local Legislators here.
I'm also been trying to get an investigation of NBC 11 for splicing clips from an interview of me with new questions to tell a fictional story (they wanted a hacker and a data thief). The NBC clip was picked up by Fox news. These news clips initially influenced how the press treated me (especially the San Francisco Chronicle). Both the DMHC and the OCR referred to these news reports, and the decisions they made seriously affected me. Chiefly, they enabled Kaiser to sue me claiming the DMHC as an independent authority and counting on the OCR not to protect me as a whistleblower. If NBC 11 hadn't tried to make up the news, I wouldn't have had to go through almost a year of court hearings and searching for a lawyer.
NBC 11 has gotten the lowest local news rating from Stanford's Grade the News project. Apparently their notorious for just making stuff up.
Here are some of the public interest groups I've appealed to. I welcome support in contacting these or other suggestions:
(Fairness & Accuracy In Reporting)
of Professional Journalists Northern California
Email of Executive Director Eva Martinez: emartinez (AT) accionlatina.org
I've also sought help from PRWatch, The Committee to Protect Bloggers, The California Anti-SLAPP Project , the Electronic Frontier Foundation, the First Amendment Project, Chilling Effects, and the American Civil Liberties Union.
Don't like how Kaiser is able to force people to spend money defending themselves just because they have lawyers to spare for nuisance litigation? Try the State Bar of California.
I've filed a complaint with the bar association because Peter Grant, the boss of the Kaiser lawyers tried to block me from contacting presenters at the National HIPAA Conference. Peter Grant produced this conference, and it was used to spread Kaiser's "message" about me.
Office of the Chief Trial Counsel/Intake
1-800-843-9053 (toll free in California)
Another resource for the California Court System is the Commission on Judicial Performance.
State of California