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Robyn Libitsky



The following is a letter received by Ms. Levy from Georgina Verdugo, a Director with HHS - Health and Human Services, Office of Civil Rights on May 10, 2010.  Ms. Verdugo tries to explain that Kaiser does nothing wrong with  their very incomplete record keeping methods involving blood transfusion.  It is assumed from her letter that all Kaiser patients are equally at risk and that is why it is not discriminatory.

Considering the amount of documentation provided to her agency and what the law states,  Health and Human Services is losing credibility.  Certainly HHS/OCR can do better than this and certainly they can start realizing how many people, besides the patients, are hurt by such callous statements, and the condoning of blatant violations of the law.  These are not jaywalking violations, these are very serious issues that affect all patients in this country.  Without these regulations and enforcement of them, the public might as well accept the fact that they stand a very good chance of contracting an incurable disease from any transfusion.


Mrs. Levy's response to HHS/OCR


HHS/OCR Director Georgiana C. Verdugo writes to Hillarie Levy explaining that Kaiser does nothing wrong with blood transfusions and are not acting discriminatory.


Mrs. Levy's response to HHS/OCR

From: Hillarie

To: kenneth.d.johnson@hhs.gov
CC: kathleen.sebelius@hhs.gov, karmen.Todd@hhs.gov
Sent: 5/10/2010 8:09:17 P.M. Pacific Daylight Time
Subj: Re: OCR Complaint No. 10-110236 (Kaiser Permanente Woodland Hills Medical Cen...

    
    Mr. Johnson,
    
    What about the incomplete blood unit transfusion records OCR discovered during their investigation,
    http://robynlibitsky.kaiserpapers.org/transfusions/pdfs/2010_02_23_11_23_39.pdf , page 5, footnote 7.("the donors were not included in the blood transfusion records")
    
     Isn't continuing  the investigation using several incomplete documents, illegal and unethical, as well as failing to provide a accurate response in order to ensure victim's rights?  According to CFR Title 21
    Sec. 606.160, "donor names must be part of the blood transfusion record and must be maintained for 10 years."  http://robynlibitsky.kaiserpapers.org/transfusions/pdfs/title-21.pdf .
    It is extremely disturbing and poses a dangerous precedent to all victims of civil rights when OCR ignores a violation of this federal law, as normal investigative  protocol, when:
    1) The Joint Commission
    2) FDA
    3) LA County Dept. of Health
    4) College of American Pathologists
    all take this violation seriously and are currently conducting investigations.
    
    The only legal and ethical option OCR has is to void the unaccurate prior investigation due to OCR's knowledge that the documents were incomplete and were in violation of CFR Title 21 Sec. 606 .160.
    
    Sincerely,
    
    Hillarie Levy
   
    Simi Valley
   
        ___________________________________

        Kenneth D. Johnson, Esq.
        Chief, Section III
        Civil Rights Division - Office for Civil Rights
        U.S. Department of Health and Human Services
        200 Independence Ave., S.W.
        Washington, D.C.  20201
        Telephone:  202-619-0128
        Fax:  202-619-3437
        Cell:  202-870-6068
        Email:  Kenneth.D.Johnson@hhs.gov

          
 

    From: kenneth.d.johnson@hhs.gov
    To: Hillarie
    CC: tamara.miller@hhs.gov, Karmen.Todd@HHS.GOV
    Sent: 5/10/2010 7:59:52 A.M. Pacific Daylight Time
    Subj: OCR Complaint No. 10-110236 (Kaiser Permanente Woodland Hills Medical Center)
    


    Ms. Levy,


    Attached is Director Verdugo's response to your February 24, 2010 letter and March 7, 2010 email.


    Thank you,

    Ken Johnson

    ___________________________________

    Kenneth D. Johnson, Esq.
    Chief, Section III
    Civil Rights Division - Office for Civil Rights
    U.S. Department of Health and Human Services
    200 Independence Ave., S.W.
    Washington, D.C.  20201
    Telephone:  202-619-0128
    Fax:  202-619-3437
    Cell:  202-870-6068
    Email:  Kenneth.D.Johnson@hhs.gov

    

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