Case # 2012-BHJS-0263-DHS Denial of Access To One's Own Personal Medical Records Wherein, procedurally correct formal requests for copies of a patient's own personal medical records are flatly denied by administrative and clinical authorities at The Arizona State Hospital, which is in direct violation of the Hospital Information Protection and Portability Act.
In early June, 2011, when JJ Hensely of the Arizona Republic newspaper contacted The Arizona State Hospital in order to gain information about my report of Jesus Rincon Murrieta's escape from ASH in May, 2011, Hospital representatives denied the escape itself, and then went further in restricting the informational flow in this context by hiding being privacy and confidentially laws in order to deny that Murrieta had ever even been at ASH, in the first place. Their willingness to interfere with Mr. Hensley's good faith attempt to provide the public with knowledge about the fact that a violent man had escaped from the mid-city hospital facility eventually contributed to the brutal murder of April Mott in late August, which illustrates the extent to which ASH officials are willing to manipulate the truth as a matter of protecting their image, no matter how significant the risks are, or how unlawful their actions are.
I chose to open this particular article with this graphic reminder of ASH administrations' bottom feeding business ethics because tonight, as I dot my eyes and get my final organization together for tomorrow's 8:00 a.m. hearing in the Arizona Office of Administrative Hearings (case #2012-BHS-0263-DHS) because I am faced with having to go into the hearing with absolutely none of the critically relevant evidentiary materials because yet again, ASH and it's affiliate agency representative counsel has flatly refused to provide me with these materials, despite me repeated formal requests for such. Standard business, indeed, when it comes to being a client of the state of Arizona'a behavioral health system, but far from what any reasonably minded citizen would expect from contemporary 21st century American government.
Below are the most recent communications specific to the issue of me being able to access records that were complied by/at ASH during my hospitalization, in this case relating more specifically to tomorrow's hearing. This first one is a copy of Judge Kay A.Abramsphn's direct order that the Arizona Department of Health Services/Behavioral health services representative counsel dutifully disclose to me all/any exhibits (evidence) that they intend to present at hearing no later than may 10, 2012, as follows:
Following me having not received anything whatsoever from ADHS/BHS representative counsel by the May 10, 2012, deadline, I filed the following motion to have any/all undisclosed ADHS/BHS exhibits/evidence restricted at hearing, with the additional request that ADHS/BHS representative counsel be so advised because I have not been able to find said counsels email address information, thus making it impossible for me to follow standard procedure in my own right, as follows:
This is a message from the Arizona Office of Administrative Hearings to inform you that a motion has been submitted for 2012-BHS-0263-DHS. The details are as follows:
Docket number: 2012-BHS-0263-DHS
Hearing date: May 17, 2012
Submitting Party: paoloreed@gmail.com
Filed on: 5/13/2012
Sent to: Administrative Law Judge
Copies e-mailed to: (none specified)
Filing party will also notify:
I am requesting that the Appellee's representative counsel, Joel Rudd, Esq., be provided with the above information. Again, the Office of the AZ Attorney Generals website discloses no electronic contact information to my knowledge at this time.
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I am requesting that a motion be made to restrict any/all evidence in this matter submitted by the appellee on the basis of the fact that despite a May 07, 2012, court order, whereby I was to be provided by mail with a any such materials no later than May 10, 2012, I have not been provided with any such data whatsoever.
NOTE: I have searched high and low via the AZ Attorney Generals website and so on for Joel Rudd's e-mail address, but cannot find it anywhere. At this late date, I do not feel there is any point of me going to the trouble of putting a copy of this motion on the mail to Joel Rudd, not to mention the fact that I cannot afford the copying and printing and postage costs at this time. I am indigent, mentally dialed (SMI), and feel that the task of constantly contacting Mr. Rudd by mail is overly onerous on me as the appellant in this case. Such burdensomeness is in contradiction to the applicable findings and objectives of the state's administrative appeal process when it come to aggrieved persons such as myself, and I attest as feel to the fact that it aggravates my basic condition as a disabled person to be so overly burdened in this case.
Also, I need to request at this time that I be allowed to appear telephonically at the May 17, 2012, hearing in this case. I have already arranged to have this provided to me by NARBHA, and will be on a phone in an office of the Guidance Center. I will be in contact again in order to more fully provide OAH with specific logistical information in this context within 48 hours (by close of business, Tuesday, May 15, 1012). Likewise, please advise me as soon as possible about anything more I need to do in this context. Thank you.
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The following file was submitted with the motion: NONE.
If a file was submitted with the motion, it should be attached to this e-mail. In the event that a file seems to be missing, please contact the Office of Administrative Hearings.
Thank you for using the OAH Electronic Motion Submission System.
A few days later, I recieved the following response from the court:
IN
THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
P.P., Appellant.
|
No. 2012C-
Minute Entry
Advising Parties
|
|
On May 13, 2012 ,
Appellant e-filed a motion to the Tribunal, asking that there be a restriction
on evidence from the Department because he had not received documents from the
Department by May
10, 2012 . Appellant made no
statement about his own documents and whether they had been provided to the
Department. Appellant indicated that he
had not sent a copy of this filing to the Department’s counsel due to being
unable to locate an e-mail address for counsel.[1] Appellant also requested to appear
telephonically, having made arrangements with his regional behavioral health
authority (NARBHA).
In the
ORDER dated was going to appear in person and, thus, indicated that the Department’s documents needed to be mailed to Appellant no later than
The assigned Administrative Law Judge, having reviewed the Appellant‘s document makes the following minute entry:
Appellant may appear telephonically in this matter.
The admission of documents, with regard to relevancy, will be heard at hearing.
Done this day,
Kay A. Abramsohn
Administrative Law Judge
PP
The Royal Inn #206
Joel Rudd, Esq.
Office of the Attorney General
1275
Joel.Rudd@azag.gov
Will Humble, Director
Arizona Department of
Health ServicesATTN: Jan Escoto
1740 W.
By ___________________________
That is the essential state of affairs with regard for case #32011-BHS-0263-DHS as of tonight, May 16, 2012, and when I appear at tomorrow morning's 8:00 a.m. hearing (telephonically, which really kind of sucks because I made cool shirts while still hospitalized at ASH that I hoped I would have a chance to wear in court when the came) I will do what I can to clarify my express concerns over the fact that I have not been able to fully and adequately prepare to validly prove my allegations specific to this case because I was not provided with on iota of the critically relevant data that I both requested in my own right and which was subsequently ordered to be provided to me by a direct court order.
In closing, let round one of these legal proceedings begin. there are at least more three (3) other specific matters that will, in time, be reviewed in future hearings in this same venue, the Arizona Office of Administrative Hearings in downtown Phoenix, but ADHS/BHS is delaying the holy crap out of scheduling them. Tomorrow will be a key indicator of what I (we) can expect.
paoloreed@gmail.com
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I would really love input of any kind from anybody with any interest whatsoever in the issues that I am sharing in this blog. I mean it, anybody, for I will be the first one to admit that I may be inaccurately depicting certain aspects of the conditions
at ASH, and anonymous comments are fine. In any case, I am more than willing to value anybody's feelings about my writing, and I assure you that I will not intentionally exploit or otherwise abuse your right to express yourself as you deem fit. This topic is far, far too important for anything less. Thank you, whoever you are. Peace and Frogs.