Author Topic: IRS facing class action lawsuit for stealing health records of over 10 million.  (Read 2995 times)

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Offline powderman

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IRS faces class action lawsuit over theft of 60 million medical records    Erin McCann
SAN DIEGO | March 15, 2013


The Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges.

According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.

"This is an action involving the corruption and abuse of power by several Internal Revenue Service agents," the complaint reads. "No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records," it continued.

According to the case, the IRS agents had a search warrant for financial data pertaining to a former employee of the John Doe company, however, "it did not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter," the complaint read.

The class action lawsuit against the IRS seeks $25,000 in compensatory damages "per violation per individual" in addition to punitive damages for constitutional violations. Thus, compensatory damages could start at a minimum of $250 billion.



http://www.healthcareitnews.com/news...health-records 
Mr. Charles Glenn “Charlie” Nelson, age 73, of Payneville, KY passed away Thursday, October 14, 2021 at his residence. RIP Charlie, we'll will all miss you. GB

Only half the people leave an abortion clinic alive.
http://www.youtube.com/watch?v=MAiOEV0v2RM
What part of ILLEGAL is so hard to understand???
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Offline magooch

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The penalty should be levied on the head of the executive branch of the federal government.
Swingem

Offline ChungDoQuan

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Whenever you sign an insurance contract, you give that insuror  permission to look into your health records. It's in ALL health insurance contracts. It's the industry standard. That sets a legal precedence. As soon as you accept healthcare assistance from the government, they have the same right. Pay your bills yourself, out of pocket, and you don't have to worry about it.
If you give up, THEY don't have to win.

"'Cause what they do in Washington, they just take care of number 1. And number 1 ain't you. $__t, you ain't even number 2!" Frank Zappa

The greatest idea the right ever had is personal responsibility; the greatest idea the left ever had is social responsibility. Both take effort.

The Founding Fathers had complete access to the Bible, but they came up with the Constitution as our governing document.

Offline Dee

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The IRS should have been done away with years ago. A flat tax would be fair for everyone, INCLUDING those on government assistance. You don't pay taxes, you don't vote. They get the money from us, then out vote us. How's that workin for everyone?
You may all go to hell, I will go to Texas. Davy Crockett

Offline nw_hunter

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IRS faces class action lawsuit over theft of 60 million medical records    Erin McCann
SAN DIEGO | March 15, 2013


The Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges.

According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.

"This is an action involving the corruption and abuse of power by several Internal Revenue Service agents," the complaint reads. "No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records," it continued.

According to the case, the IRS agents had a search warrant for financial data pertaining to a former employee of the John Doe company, however, "it did not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter," the complaint read.

The class action lawsuit against the IRS seeks $25,000 in compensatory damages "per violation per individual" in addition to punitive damages for constitutional violations. Thus, compensatory damages could start at a minimum of $250 billion.



http://www.healthcareitnews.com/news...health-records




Sounds like the IRS is making it's list of people to send to camp. I don't mean summer camp either.
A law suit against any Federal agency is just pick pocket the Citizen.Instead of law suits, we need to TERMINATE. Just think how nice life would be without the IRS, FEMA. DHS,DOE, and many other initial  Federal agency's.What we need at this point in time in the good old USA, is the highest unemployment rate in the history of the Republic.And! They should be (EX) Federal employees living like the rest of us do. Feeling our pain in reality ;)

Freedom Of Speech.....Once we lose it, every other freedom will follow.

Offline ultramag44

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Whenever you sign an insurance contract, you give that insuror  permission to look into your health records. It's in ALL health insurance contracts. It's the industry standard. That sets a legal precedence. As soon as you accept healthcare assistance from the government, they have the same right. Pay your bills yourself, out of pocket, and you don't have to worry about it.
With all due respect, that's not quite true.

I am the HIPAA Coordinator for a hospital. I do not send medical records to ANY insurance company unless a seperate HIPAA release is signed by the Client.  I DO NOT accept contracts as a valid release.  In fact, I review every release.  If I don't like the release supplied, I contact the agency, company etc and offer them a copy of our blank release, or advise them how to bring their release up to acceptable, legal standards. 

The government does not have a blanket right to all records, though they do with reference to some records.  I have forced government agencies to get a court order in some cases.  I have rejected subpeon's.  CPS uses the threat of taking the child (children) if the parent (s) refuse to sign a release.  However, that's a 2-edge sword. If CPS does take the child, they have no leverage to gain parental coporation.  As one parent told me, "CPS took my child, they can go on an easter egg hunt for my records."   CPS was forced to get a court order.   

Here's the scary part.  Right now, doctors, hosptals, clinics etc are "stand-alone" in records maintence, storage and release.  Each case requires a human element before anything happens.  If Obamacare is fully implemented ANYONE in ANY hospital, doctors office or any goverment agency  (or realisticly, anyone savy enough to get into the system and I don't see it as being very secure) will have full access to any record that is anywhere on the system! 

Have you ever had a social disese?
Ever had mental health counseling?
Did testing reveal a close "family" member wasn't actually related by blood?

All these secrets that a person disclosed verbally or by testing to a doctor may be available to a computer literate enemy (or one willing to pay a hacker).
I don't need to fight to prove I'm right, I don't need to be forgiven, no, no, no (from the song ‘Baba O'Riley’ by The Who)

Offline powderman

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ULTRAMAG44. Thanks for the straight scoop. POWDERMAN.  ;D ;D
Mr. Charles Glenn “Charlie” Nelson, age 73, of Payneville, KY passed away Thursday, October 14, 2021 at his residence. RIP Charlie, we'll will all miss you. GB

Only half the people leave an abortion clinic alive.
http://www.youtube.com/watch?v=MAiOEV0v2RM
What part of ILLEGAL is so hard to understand???
I learned everything about islam I need to know on 9-11-01.
http://www.thereligionofpeace.com/
http://www.youtube.com/watch?v=TDqmy1cSqgo
http://www.youtube.com/watch?v=_u9kieqGppE&feature=related
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Offline tobster

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I.too, appreciate the straight scoop. I would like to see agency employees held accountable for a change. It seems like all too often they are just transferred to a different location, no matter how incompetent they are.

Offline dwalk

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i HAVE had dealings with the IRS.


they are NOT understanding, kind, benevolent. they are:


viscous


unforgiving


relentless


merciless


brutally unkind


uncaring


they do NOT give a damn about your circumstances...THEY WANT YOUR MONEY!

i will not go into detail, but, i was hit hard by the crash of 2008-2009. the IRS did NOT CARE and told me so in a written communication.


we need to do away with the IRS...period...if you noticed, one representative on the investigation committee made the comment that the "IRS has become to big, too powerful..."


IMO...obama will use the IRS to bring the nation to it's knees if we allow it...






don't squat while wearing your spurs...will rogers

Offline ChungDoQuan

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I beg to differ, but I am an independent auditor for a company that does insurance company audits. If I walk into your facility and give you a list of a company's insureds, you have to collect those charts and allow me to audit them. Sure, you can contest it. I can have you overridden with one phone call. It has happened more times than I can count. Neither the facility nor the provider can refuse to have those charts audited.
If you give up, THEY don't have to win.

"'Cause what they do in Washington, they just take care of number 1. And number 1 ain't you. $__t, you ain't even number 2!" Frank Zappa

The greatest idea the right ever had is personal responsibility; the greatest idea the left ever had is social responsibility. Both take effort.

The Founding Fathers had complete access to the Bible, but they came up with the Constitution as our governing document.

Offline gypsyman

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CDQ, do you audit the insurance company's, or the patients of the insurance company's? gypsyman
We keep trying peace, it usually doesn't work!!Remember(12/7/41)(9/11/01) gypsyman

Offline ChungDoQuan

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Mostly patients' charts--- you have to be licensed as an MD or RN to legally open a patient's chart. The insurance companies contract with a third party to do the audits. I go to a facility with a list of medical record numbers (patients the insurance company covers) and a list of questions. Mostly the questions concern compliance, like whether new diabetics are actually going to their diabetic education teaching, whether hypertension patients are taking their meds and controlling their hypertension, things like that. I look through the chart and answer the questions. It never has anything to do with whether the docs or the facility are doing their job, only whether the patients are doing theirs.

Years ago, healthcare began the shift from the proscriptive model (the doctor is always right) to the patient centered model. Nowadays, the patient is the boss. That means the patient is also responsible for their own actions and a lot of the results of their treatment. And, the people footing the bill DO watch you to make sure you're doing your part. About the only thing Obamacare lets them refuse coverage for is if you're noncompliant, that is, NOT doing what the doctor advised. And they WILL refuse to cover you if they can.

Insurance companies are the source of a large part of any facility's payment. If the facility tries to stop an audit, the insurance company will simply freeze payments to that facility until the audit proceeds. Usually there are many patients at a facility with the same insuror. So freezing payment is a lot of money. That's in the facility's contract with the insuror, too, so the hold up is never more than a few minutes.
If you give up, THEY don't have to win.

"'Cause what they do in Washington, they just take care of number 1. And number 1 ain't you. $__t, you ain't even number 2!" Frank Zappa

The greatest idea the right ever had is personal responsibility; the greatest idea the left ever had is social responsibility. Both take effort.

The Founding Fathers had complete access to the Bible, but they came up with the Constitution as our governing document.

Offline Dee

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So it finally comes out. CDO is part of "big brother for profit". His little business that he is the "sole employee" of, that is doing so well, is to help insurance companies find reasons "not to pay". He is part of the bureaucracy that "decides" whether your living your life the way he thinks you should be.
You may all go to hell, I will go to Texas. Davy Crockett

Offline ChungDoQuan

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Wrong again! I only do that part time, under contract, and I haven't had a contract in nearly a year. It is neither my business nor my position for which I am paid a salary. (I get paid $3-6 per chart when I'm doing audits, BTW, and I can do maybe two or three hundred in a day. It's just a way to pick up extra cash.)
If you give up, THEY don't have to win.

"'Cause what they do in Washington, they just take care of number 1. And number 1 ain't you. $__t, you ain't even number 2!" Frank Zappa

The greatest idea the right ever had is personal responsibility; the greatest idea the left ever had is social responsibility. Both take effort.

The Founding Fathers had complete access to the Bible, but they came up with the Constitution as our governing document.

Offline powderman

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So it finally comes out. CDO is part of "big brother for profit". His little business that he is the "sole employee" of, that is doing so well, is to help insurance companies find reasons "not to pay". He is part of the bureaucracy that "decides" whether your living your life the way he thinks you should be.

 
DEE. YEP, whodathunkit?? So much for confidentiality and patients privacy act. No wonder he loves hussein. POWDERMAN.  :o :o
Mr. Charles Glenn “Charlie” Nelson, age 73, of Payneville, KY passed away Thursday, October 14, 2021 at his residence. RIP Charlie, we'll will all miss you. GB

Only half the people leave an abortion clinic alive.
http://www.youtube.com/watch?v=MAiOEV0v2RM
What part of ILLEGAL is so hard to understand???
I learned everything about islam I need to know on 9-11-01.
http://www.thereligionofpeace.com/
http://www.youtube.com/watch?v=TDqmy1cSqgo
http://www.youtube.com/watch?v=_u9kieqGppE&feature=related
http://www.illinois.gov/gov/contactthegovernor.cfm

Offline Dee

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I see why CDQ is a liberal. He stands to make a lot more money "part time ::) ", getting into folks PERSONAL RECORDS, whether they want him in them or not. He likes the monetary "arm twisting" when facilities DON'T want him to look at patients "PERSONAL" information. It only takes "a few minutes" after their THREATENED, and CDQ gets to pry into our "PERSONAL" records. And we're supposed to "trust CDQ" with that "PERSONAL" information.  ;)
But hey! He only does it "part time" so he's "only meddlin  part time" in other peoples "PERSONAL" business. Hell, I feel better knowin that. Don't ya'll? ::)
In his "zeal" to let all of us know how "in the know" he is, and how "uninformed" we are, he inadvertently, let the cat out of the bag. Now he's tryin to "crawfish", and play his "PERSONAL BUSINESS SNOOPIN"  down. Another "LIBERAL TRAIT". ;)
You may all go to hell, I will go to Texas. Davy Crockett

Offline ultramag44

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Chart Auditing is different from what I do.  Yes, we have auditors that come in and yes, they are independent contractors.  CDQ is correct in that chart auditing for a person that is already that companies insured IS a contractual requirement.

What I meant about insurance companies needing a release is this: Suppose a person applies for insurance. The insurance company reviews the application. Based on certain answers by the proposed applicant supplies, the insurance company decides they want to see medical history charts. That is where I review the release the insurance co supplies. I will say this, the insurance companies are getting better at writing a release! In the early days of HIPPA, many releases were poorly written and I routinely rejected them. They are learning!  I also make the insurance companies pay for records when it's for a proposed applicant (though many of the companies require the applicant to pay that fee). If it's only a matter of a handful of pages I usually wave the fee.

Here's another thing most people don't know: you buy a new car and the dealership sells you a policy that is supposed to pay the car note if you get sick/hurt. It's not automatic! The insured gets sick/hurt and files a claim,  The insurance co will first get medical records (with a legal release). Someone will pay for those records (unless it's just a few pages), either the insurance co or the individual. In the meantime, the person WILL  have to keep making their car payment until such time and if the insurance co rules favorably on the claim.

Now, as to who can open a chart. It does not need to be a nurse or doctor! I have HS graduate file clerks that open & close charts all day long. How else would filing get done? The legal restriction is they only read enough to insure the document goes in the correct chart.

Under HIPPA,  NO ONE may open a chart w/o a valid reason.  The fines for HIPPA Violations START @ $10,000 per occurrence and there is a provision for jail time.  Usually, unless there is a gross violation, the person is terminated for cause. If they have an accreditation, the accreditation authority is notified.

But, as I said before, the scary part is: under ObamaCare, the human interface will effectively be removed. The implementation of the automated records part hasn't worked out to the "nuts&bilts" level yet. Will all these various computer systems, servers and automated software interface w/o issues? Will your records be safeguarded?

True example: Person A signed a consent for spouse, Person B. B calls and wants records on A. By the tone of B's voice and due to statements made by B, I became suspicious. I advised B that we have 30 days to comply w/ the request. I call A and advise A of B's request.

A says, "We are in an ugly divorce case! B wants to use the medical documentation against me in court! What did you give B?"

Me, "Nothing. Do you wish to withdraw B's authorization as of now?"

A, "Yes!"

Me, "Done."

I call B and advise B "There is no VALID release with B's name on it and I can neither confirm or deny A is or ever was a client." B fusses and fumes over phone. I repeat my statement and tell B to have a "Nice day and goodbye."

What computer program of ObammaCare  will: 1. safeguard your records w/ a stand-alone system and human interface. 2.  Advocate for you when your Ex or some agency is trying to bend you over?


I don't need to fight to prove I'm right, I don't need to be forgiven, no, no, no (from the song ‘Baba O'Riley’ by The Who)

Offline Dee

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Wrong again! I only do that part time, under contract, and I haven't had a contract in nearly a year. It is neither my business nor my position for which I am paid a salary. (I get paid $3-6 per chart when I'm doing audits, BTW, and I can do maybe two or three hundred in a day. It's just a way to pick up extra cash.

Helpin Insurance companies NOT PAY for what customers pay premiums for.
 
You should look into "auditing ::) " welfare recipients that don't have, and don't want "insurance". I'll bet you could "pickup MORE extra cash". It would be easier to see them sittin on their LIBERAL asses, creating more LIBERAL jobs for "extra cash".
You may all go to hell, I will go to Texas. Davy Crockett

Offline mcwoodduck

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Winston Churchill said for Socialism to work there needs to be a Political police to enforce socialism.
The IRS seems to be the road the socialists have picked to enforce their socialist ideas. 
I wonder if in 70 years if History will look at the IRS like we look at the Nazi Gestapo, or the Soviet NKVD / KGB

Offline Dee

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I beg to differ, but I am an independent auditor for a company that does insurance company audits. If I walk into your facility and give you a list of a company's insureds, you have to collect those charts and allow me to audit them. Sure, you can contest it. I can have you overridden with one phone call. It has happened more times than I can count. Neither the facility nor the provider can refuse to have those charts audited.[/size][/color][/b]


Looks that way duck. We have plenty of folks who agree with the IRS, and the gustapo.
You may all go to hell, I will go to Texas. Davy Crockett

Offline mcwoodduck

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I beg to differ, but I am an independent auditor for a company that does insurance company audits. If I walk into your facility and give you a list of a company's insureds, you have to collect those charts and allow me to audit them. Sure, you can contest it. I can have you overridden with one phone call. It has happened more times than I can count. Neither the facility nor the provider can refuse to have those charts audited.
Gee does this sound like privacy?  Does this sould like excessive government intrusion?  And maybe your job as part of the Political police explains your attitude towards private industry. 

Offline two-blocked

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Sounds like Chang is just like an insurance "COP"

Offline Dee

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Sounds like Chang is just like an insurance "COP"

So you also, think snoopin in persons medical records is ok. Never mind, of course you do.
You may all go to hell, I will go to Texas. Davy Crockett

Offline lakota

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Some people will just make up excuse after excuse for the abusive government that has occured under the Obama regime. These same people would be screaming bloody murder had these same things occured under a republican regime. These people are laughable and cannot be taken for their word on anything they say.
Hi NSA! Can you see how many fingers I am holding up?

Offline ChungDoQuan

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Some of you are being completely ridiculous. LICENSED PROFESSIONAL here--- ethical, by law, or I lose those licenses. In other words, HIPPA forbids me to talk about the contents of a patient's chart. The only way I am able to legally do the audit is that the patients AGREED to it. They might not have known that was in the contract when they signed it, but they signed it, allowing me to do that.  And, who do you think pays me? The insurance corporations, your benevolent protectors! And by the way, what I do is less invasive than the perusal that ANY other doctor or nurse involved in your care, either by assignment, or by request (Your own doc can have just about any other doc, team of docs, team of RNs, respiratory therapists, Xray techs, Pharmacists, Psychologists, Dieticians, etc., go through your chart just by ordering it. Some of these people don't even need the order to access your information, as long as it's during the normal course of your treatment. In other words, you're all worried about me when there's a whole army of people doing the same thing.

At any rate, YOU ALL are the ones that wanted the capitalists to run healthcare and insurance. You get so bent out of shape over "socialism" and the effects it MIGHT have--- I'm telling you how capitalism does things NOW. As far as the money, I didn't make the rules; I'm just playing the game. And the rules are, the facility has to comply. If the facility refuses, my instructions are not to argue, not to criticize, not to even talk about it--- just make the phone call and then wait. The refusal has always just gone away. Again, I'm nobody important--- that would be the people with the money. People like YOU  all gave them that power.

And you can't blame Obama--- I've been doing this since before he was a senator. Others did it before me. It's a capitalism thing.
If you give up, THEY don't have to win.

"'Cause what they do in Washington, they just take care of number 1. And number 1 ain't you. $__t, you ain't even number 2!" Frank Zappa

The greatest idea the right ever had is personal responsibility; the greatest idea the left ever had is social responsibility. Both take effort.

The Founding Fathers had complete access to the Bible, but they came up with the Constitution as our governing document.

Offline lakota

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Dont hate the player, hate the game, right?
Sorry but you cannot legislate ethical behavior.
 Also the IRS is not an insurance company nor a medical care provider so what business do they have snooping through peoples' medical records?
Hi NSA! Can you see how many fingers I am holding up?

Offline ChungDoQuan

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I already told you--- if you sign paperwork that gives them the responsibility for PAYING, you just gave them permission. Apparently the IRS has that responsibility due to the Obamacare law. Don't like it? Take 'em to court!
If you give up, THEY don't have to win.

"'Cause what they do in Washington, they just take care of number 1. And number 1 ain't you. $__t, you ain't even number 2!" Frank Zappa

The greatest idea the right ever had is personal responsibility; the greatest idea the left ever had is social responsibility. Both take effort.

The Founding Fathers had complete access to the Bible, but they came up with the Constitution as our governing document.

Offline two-blocked

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Dr. Chung,
Why don't you give the boys some free advice on ED to try and win them over. ;) ;D

Offline ChungDoQuan

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I'd probably have to have more to work with...

 ;D
If you give up, THEY don't have to win.

"'Cause what they do in Washington, they just take care of number 1. And number 1 ain't you. $__t, you ain't even number 2!" Frank Zappa

The greatest idea the right ever had is personal responsibility; the greatest idea the left ever had is social responsibility. Both take effort.

The Founding Fathers had complete access to the Bible, but they came up with the Constitution as our governing document.

Offline lakota

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In this thread you claim to be an medical insurance and hippa expert. In another thread you claimed to be an E.D. traige expert and that you triaged incoming patients. Just out of curiousity what is your level of medical training Chung?
Hi NSA! Can you see how many fingers I am holding up?