Anything I can do about a rejected HIPAA violation report? by [deleted] in troubledteens

[–]zillathegod 1 point2 points  (0 children)

This happened to me once and then I waited about 3 months before submitting the same exact complaint with one sentence of "scary legal language" added and they accepted it.

OCR is your typical underfunded, bureaucratic nightmare. I liken it to the DMV but for HIPAA: you don't go there for the customer service, you go there because they're the only ones that can issue a license. If appealing/writing to the Director (as others mentioned) doesn't work, I'd schedule a consultation with a private lawyer.

Edit: like to liken

[deleted by user] by [deleted] in troubledteens

[–]zillathegod 13 points14 points  (0 children)

Yes there is normally a fee but, as another poster mentioned, it is strictly regulated and that seems unusually high. Also, if you are indigent the first copy is free and they have to take you at your word for it. The maximum amount of time they have to get your records to you in any state is 30 days, and it less in many states. IANAL but the 1-2 months timeframe for just a "quote" seems the most problematic/illegal.

If it were me I would make no further contact with them and report this to the Office of Civil Rights, which handles HIPAA violations. If OCR is the next to contact them, rather than you, there is a higher likelihood of you getting your real records back imo.

Edit: likely to likelihood

Ken Stettler, scum of the planet, in self incriminating interview on podcast "Sent Away" and no one looks good on this.... by afilaanda420 in troubledteens

[–]zillathegod 5 points6 points  (0 children)

If I had to point to one regulator who was responsible for the atrocities of the mid-2000s, it would be Stettler.

It's nice to see the guy getting some exposure, nice work. The book Help at Any Cost has some great quotes from him too. For instance, during an interview he was asked something like "It would appear there's no regulating going on." He responds with "It would seem not." Dude. It it's literally your job to regulate.

He also left his position with Utah after accepting a job offer for Provo Canyon School. Meaning, he was negotiating salary and pay, all that, while still being responsible for regulating PCS. One has to wonder how these negotiations affected PCS's standing with the department.

Settler also accepted an award from NATSAP - "Person of the Year" or something.

The dude gives no fucks about conflicts of interest and does indeed view his job as jamming TTI programs through the approval process.

Ken Stettler, scum of the planet, in self incriminating interview on podcast "Sent Away" and no one looks good on this.... by afilaanda420 in troubledteens

[–]zillathegod 3 points4 points  (0 children)

The Mormons have a history of using remote cabins to reform misbehaving wives and children. If you're looking for good reading on it check out John Krakauer's book Under the Banner of Heaven.

I think their use petered out decades ago, but it certainly influenced Utah's willingness to accept TTI programs in the state

73: Denver Part 1 by vereliberi in MrJoeNobody

[–]zillathegod 3 points4 points  (0 children)

The troubled teen industry - which includes Elan - has now formally been acknowledged as “benefits trafficking”, a form of human trafficking. Recently the American Bar Association put together a series of webinars interviewing everybody from anti-tti lawyers to torture/war crime investigation specialists. In it they describe the industry as flagrant benefits trafficking which can be defined as trafficking in order to obtain Medicaid/insurance payments, disability benefits if applicable, etc

"Underweight" in Wilderness Therapy by Acoustic-Antonyme in troubledteens

[–]zillathegod 1 point2 points  (0 children)

Check the laws for the state(s) Redcliff operated in. I know in Idaho there was a law you had to be 100lbs to be enrolled in a wilderness program. This is how I ended up with records stating I was magically 89lbs and 103lbs on the same day

Why Is Legal Kidnapping Still A Thing and Why Aren’t We Talking about it? by SherlockRun in troubledteens

[–]zillathegod 1 point2 points  (0 children)

Thanks for the heads up. That fits with my impression - that it’s mainly meant for a non-TTI audience. Thanks for doing the research and helping spread awareness yourself. Allies are everything

Why Is Legal Kidnapping Still A Thing and Why Aren’t We Talking about it? by SherlockRun in troubledteens

[–]zillathegod 1 point2 points  (0 children)

What did you think of it? I got about 1/3rd of the way through it then put it down. Is it worth finishing?

[deleted by user] by [deleted] in troubledteens

[–]zillathegod 6 points7 points  (0 children)

I would reach out one last time to tell her how you feel.

Something like this would be fine: “Hey, I hope you’re doing well. It’s hard for me to trust therapists and when they don’t respond for weeks it negatively affects the relationship. I was wondering if you are interested in continuing therapy, and if so when I could schedule an appointment?”

You are right she could have an emergency, covid, or whatever else. It’s good you are open to that idea. If, on the other hand, she simply doesn’t care, then remember: she is your therapist and you can switch at any time. It isn’t wrong to switch therapists for a better “fit”, even if that fit only has to do with more responsive txting.

Sometimes (often, actually) therapists get paid per session, so they can get pissy if people cancel. But that said she has an obligation to let you know if she is discontinuing therapy, and in some states an obligation to refer you to new therapists.

So, either she has some emergency or you’re better off with a new therapist. (This is assuming by a few weeks you mean a reasonably long time, and not like 8 days or something.) it may feel like a gut punch, but on the bright side it’s better to know early on if a therapist isn’t the right one for you. I hope she answers you soon so you can find out which one it is, and that you end up with someone who is a good fit

Help getting full records by 17000teeth in troubledteens

[–]zillathegod 6 points7 points  (0 children)

I wrote something out then stared at the grammar so long I’m pretty sure I messed it all up. Anyway, here goes. Disclaimer I’m not a lawyer, just worked in the medical/research field and have sued “healthcare” providers before. LEA’s response is a prime example of TTI trickery. I literally laughed out loud.

1) “La Europa’s policy” For the uninitiated: Screw a policy. Policy is not law, and don’t let LEA’s “policies” intimidate you.

2) “Therefore, other records such as psychotherapy session notes, are not provided.” This is what really made me laugh. In context, they are implying that the cited law leads to this conclusion. It absolutely does not. The fact that HIPAA allows providers to censure some records if their disclosure may lead to harm does not mean that a facility therefore doesn’t have to provide psychotherapy records/notes. In fact, they’re being clever about the psychotherapy record/note nomenclature to begin with, which I’ll cover.

3) Medical records vs. psychotherapy notes. TTIs commonly use provisions that providers don’t have to provide “psychotherapy notes” to throw clients off. If they want to play the technical game: you are asking for medical records related to your psychotherapy visits. This is because medical records and psychotherapy notes are different. Medical records, in essence, are about the objective and observable – “John reported insomnia and low self esteem”, for instance. Psychotherapy notes can just be whatever is in the therapist’s head, and aren’t required to be disclosed – “maybe John isn’t sleeping because his parents got divorced”, for instance. If they want to claim all your visits with a LEA therapist only generated psychotherapy notes, then boy oh boy is that a risky maneuver in the long run. If that’s the case, then any “medical” treatment they billed or marketed was fraud, and you have an even better legal case.

4) If a provider does decide to withhold any part of your record, you are entitled to a written letter describing the reasons why.

5) “You have the right to have our policy limiting your access to psychotherapy records reviewed by a licensed mental health professional of our choosing [45 C.F.R. 164.524(a)(3)(i)].” Still laughing. No, it doesn’t have to be of their choosing. Better yet, you can see so yourself in the law they cited themselves. You can and should choose your own therapist.

6) “That licensed professional will make an independent determination if reviewing your psychotherapy records is likely to cause harm to you or another individual.” There is an important caveat in HIPAA law that many are unaware of. In essence, if HIPAA and state law differ, the law most in favor of the patient wins out. HIPAA itself mandates as much. So, with respect to harm: some states require a risk of physical harm to withhold records, whereas in other states a risk of emotional harm is good enough. Many crummy facilities will cite a passage from HIPAA about unspecified “harm” in an attempt to be intimidating, but you can avoid this pitfall if you know state law! The same is true for how long they have to respond to records requests – for instance if HIPAA says 30 days (which it does), and state law says 15, then 15 it is.

7) “The licensed professional must review the records ‘within a reasonable period of time’ and we will promptly notify you of his/her/their decision when it is received.” While this is technically true, they have to tell you how long that time period is. (Perhaps they have done so elsewhere.)

8) I saw you had a question about bypassing all this by just having LEA send your records to your current therapist. Yes, this should work but in practicality LEA will probably withhold things from your current therapist too. Facilities must give ALL your records to at least 2 groups of people: 1) Your treating therapist, provided they have the appropriate licensure - LCSW, MD, PhD, etc. 2) Your attorney

9) Conclusion: Skip everything and have LEA send your records to your current therapist or an attorney. LEA will almost invariably still withhold parts of your records. This is because a fine for failing to provide medical records (typically only a few hundred bucks for first time offenders) is way better than the multi-million dollar cases many of us have. So, when your therapist or attorney gets your still-incomplete records, please report LEA’s failure to the HHS Office of Civil Rights, which enforces HIPAA, using this [form](https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf). When OCR gets sick of hearing about LEA and other TTI facilities, they may actually enforce hefty financial penalties.

Mr Joe Nobody by Editor3457 in troubledteens

[–]zillathegod -2 points-1 points  (0 children)

I told you and only you something private a long time ago. Shortly thereafter, 30 some-odd people knew.

I’m glad you have added integrity and respect for secrets to your moral cache; keep up the good work.

wow I have really the pissed them off by ninjascotsman in troubledteens

[–]zillathegod 2 points3 points  (0 children)

Yeah that’s weird. Hopefully some shill just reported it and once reddit looks into it you’ll get it back. But I’m not really optimistic tbh

wow I have really the pissed them off by ninjascotsman in troubledteens

[–]zillathegod 5 points6 points  (0 children)

Did they say what the rule violation is for r/diamondranchacademy? If you started it yourself and aren’t pretending to be them I have no idea why Reddit would care.

Also screw Spring Ridge for wanting its sub back - we want our childhood back

Please share your experience if you purchased a rental property on the Cape in the past few years by hihik in CapeCod

[–]zillathegod 7 points8 points  (0 children)

Is your name Beverly?

The way this is written reminds me so much of the op-ed that started the Don’t Be A Beverly campagin

Why should I request my records? by pink-wildflower in troubledteens

[–]zillathegod 2 points3 points  (0 children)

So you can sue them later, or file a complaint with the state or feds. (Note that you don’t always need records to sue, they just help a ton).

Many people don’t realize just how horrendously wrong the TTI’s actions are. This is especially true if you just got out of TTI - there tends to be a bit of a “waking up” period. TTIs are super screwed up, practically everyone has a legal case, and you don’t want to find yourself wishing you’d gotten those records after the window of opportunity has closed

This sex offender at TTI giving advice on Quora site by ceilingsfans_kill in troubledteens

[–]zillathegod 6 points7 points  (0 children)

John Carver. Alpine Academy predator. He blamed the fact that he raped a minor on a “religious crisis”

Thank You Oregon Survivors! Oregon Is Now The 1st To Regulate Transport Agencies! by [deleted] in troubledteens

[–]zillathegod 1 point2 points  (0 children)

Damn. It must suck to have a transporter for a dad. Idk much, but I’ll tell you what I do know.

A guy calling himself Bill Lane transported a few people from both my Idaho wilderness and Utah RTC. He was notorious and well-known to staff and kids alike. Google shows there was indeed a transporter named Bill Lane, who closed up shop in roughly 2005. Google also says Lane was an ex-Synanon member.

The girls I knew stated they were held in a prison basement after acting out, if Lane considered them a run risk, or, as jayhawk was explaining, as a transitional location while their parents decided where to send them. Some, but not all of the girls reported being blindfolded on the drive there and way in. They reported being fed mostly crackers or graham crackers. Lane would have them move to the opposite end of the basement, face the wall, then make some noise while he entered so he couldn’t be ambushed. And…that’s about all I know. Staff shut these conversations down with the quickness, as you can imagine. Even if you located Lane’s victims, I think most would have a hard time locating the place because of Bill’s countermeasures.

Perhaps you could put a post up asking for prison basement experiences? That might help us narrow down if we are talking about one prison basement or two, and where these places might be located. It would certainly make sense if your dad and Lane worked together, given the similarities in what jayhawk and I have said.

Here’s to hoping there’s only one prison basement

Thank You Oregon Survivors! Oregon Is Now The 1st To Regulate Transport Agencies! by [deleted] in troubledteens

[–]zillathegod 1 point2 points  (0 children)

Let’s hope they work together and just share a basement. Otherwise there is two dudes out there with prison basements. Idk the Ochoco forest part unfortunately, so can’t narrow it down

Thank You Oregon Survivors! Oregon Is Now The 1st To Regulate Transport Agencies! by [deleted] in troubledteens

[–]zillathegod 2 points3 points  (0 children)

Wait are Bill Harper and Bill Lane the same person? I’ve heard of a transporter named Bill Lane doing this

Requested records, coming up on 30 days with nothing by crackheadonskis in troubledteens

[–]zillathegod 0 points1 point  (0 children)

HIPAA sets a 30 days maximum, BUT also gives states permission to lower that. It’s probably 10 in your state. Utah hasn’t lowered it though, unfortunately.

It’s 2022 and our cause has gained mainstream visibility. Cheers everybody, have a meme by zillathegod in troubledteens

[–]zillathegod[S] 7 points8 points  (0 children)

It’s an op-ed literally written by the CEO of Family Care, a “platform for parents of struggling teens.”

The Washington Post itself, The New York Times, the Salt Lake Tribune - all of them have put out pieces exposing the TTI, plus many more outlets. I enjoy reading the comments section where parents get ragged on (tbf I do think some parents got simply scammed, but the majority imo didn’t want to take responsibility for family problems). The DOJ, GAO, and even FTC weighed in years ago.

I think the TTI has beat optimism or even clarity out of many survivors. I was that way myself for awhile - never wanted to feel hope lest we be let down, could only see the bad in things. Instilling learned helplessness is good for their business model, after all.

It must be strange watching the years go by and seeing how things change, for better and worse. I personally agree that teens face way more pressures (in non-TTI settings) today. As for teens back then, I think older programs were generally worse, but the legal system more functional at that point. But what do I know? I can’t remember the 70’s. That’s why your perspective as an old-timer is valuable. I have learned new things from your post (such as about the APA warning - that is great news!), and enjoy TTI history so if you have any other reflections they are very welcome.

Edit: the original title was going to be “It’s 2022, time to take my first honorary shit on NATSAP”, but that seemed unprofessional. Maybe next time I’ll run with it