Re: HIPAA VIOLATION

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City of Newark and Employees Violate Federal Health Laws

On Friday, February 2, 2007, the City of Newark and the City
Department of Health and Human Services were informed of serious
violations of the Health Insurance Portability and
Accountability Act (HIPAA).

An anonymous caller, now identified as Kareem Clemons, contacted
the Newark Department of Health to inquire about the safety of
his information should he receive services through the
department. He was assured by a city employee who identified
herself as “Sonya” that his health information is safely secured
by the City. Clemons further inquired about an employee’s
ability to remove medical or health files from the health
unit. “Sonya” further assured Clemons that no employee was
permitted to remove files from the facility.

Clemons informed Sonya that he was in possession of over 35
health cases for clients that have been treated by the City’s
health clinic for various venereal diseases. After Sonya
confirmed the cases were in fact the City of Newark’s, she
encouraged Clemons to meet her at Irvington Motor Vehicle
Commission so that she could “retrieve the files and discard
them.” Feeling extremely uneasy with the department’s attempt
to cover-up the violation of HIPAA laws and Sonya’s unkempt
demeanor, Clemons contacted Mayor Cory Booker’s office.

Clemons met with Booker’s assistant, Dawn, who retrieved the
files with a business card identifying city employee Joseph
Vereen as the Senior Health Investigator. Clemons requested an
investigation take place to ensure that this does not occur
again. Booker’s assistant informed Clemons that he was
incriminating himself by reporting this information and that he
could not remain anonymous. Later contradicting herself, Dawn
assured Clemons he would remain anonymous and that an
investigation would take place. Now concerned with the city’s
lack of action and the fact that exactly 39 clients’ information
including diagnosis, assessments, social security number and
other confidential and identifying information was made public
by the city employee’s failure to ensure safeguards made
possible by HIPAA, Clemons comes forward with his story.

For additional information, please contact Kareem Clemons at
kareemclemons@yahoo.com or 862-849-5952. Additionally, Mr.
Clemons may be contacted at 973-351-5000.