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Medical Gag Order

Medical Gag Order

Postby Gloss » Fri Dec 03, 2010 8:57 pm

MUTUAL AGREEMENT TO MAINTAIN PRIVACY
Dr.____________ (collectively labeled “Physician”) agree to maintain Privacy of _____________________________ (patient) as outlined in the HIPAA form. The Physician takes pride in being able to extend a greater degree of privacy than is required by HIPAA, state confidentiality mandates, and common law.
Federal and State privacy laws are complex. Unfortunately, some medical offices try to find loopholes around these laws. For example, HIPAA forbids physicians from receiving money for selling lists of patients or protected health information to companies to market their products or services directly to patients without authorization. Some medical practices, though, can lawfully circumvent this limitation by having a third party perform the marketing. While personal data is never technically in the possession of the company selling its products or services, the patient can still be targeted with unwanted marketing information. Physician believes this is improper and may not be in his patients’ best interest. Accordingly, Physician agrees not to be paid for selling patient lists or protected health information to any party for the purpose of marketing directly to his patients. Regardless of legal privacy loopholes, Physician will never attempt to leverage his relationship with Patient by seeking Patient’s consent for marketing products for others.

In consideration for treatment and the above noted patient protection, Patient agrees to refrain from directly or indirectly from publishing or airing commentary upon Physician and his practice, expertise and/or treatment. Physician has invested significant financial and marketing resources in developing his practice. Published comments on web pages, blogs, and/or mass correspondence could severely damage Physician’s practice. Physician has the right to equitable relief to prevent the initiation or continuation of publishing or airing of commentary upon his practice, expertise and/or treatment.

Physician feels strongly about his patients’ privacy as well as his practices’ right to control its public image and privacy. Both Physician and Patient will work to prevent the publishing or airing of commentary about the other party from being accessed via Internet, blogs, or other electronic, print, or broadcast media without prior written consent. Finally, this Agreement shall be in force and enforceable for a period of five years from Physician’s last date of service to patient.

Patient has been given the opportunity to ask questions and receive adequate explanations to his satisfaction.
SO AGREED THIS ________DAY OF_____________________, 2007.
__________________________________________________ PATIENT
Last edited by Gloss on Sun Dec 05, 2010 12:24 pm, edited 1 time in total.
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Re: Medical Gag Order

Postby ml30 » Sat Dec 04, 2010 11:32 am

cross linking to other thread with updated 2010 version rhinoplasty/beware-papers-you-sign-intellectual-property-t141260.html nice find, at least this is out there for us to see ahead of time.
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Intellectual property rights/copyrights version

Postby Gloss » Sat Dec 04, 2010 12:44 pm

READ CAREFULLY

MUTUAL AGREEMENT TO MAINTAIN PRIVACY

Dr. Samuel Lam and Lam Facial Plastics (collectively labeled “Physician”) agree to provide treatment to: _________________________________________________(“Patient”). ThePhysician takes pride in being able to extend a greater degree of privacy than is required by law.

Federal and State privacy laws are complex. Unfortunately, some medical offices try to find loopholes around these laws. For example, physicians are forbidden by law from receiving money for selling lists of patients or medical information to companies to market their products or services directly to patients without authorization. Some medical practices, though, can lawfully circumvent this limitation by having a third party perform the marketing. While personal data is never technically in the possession of the company selling its products or services, the patient can still be targeted with unwanted marketing information. Physician believes this is improper and may not be in the patients’ best interest. Accordingly, Physician agrees not to provide medical information for the purpose of marketing directly to Patient. Regardless of legal privacy loopholes, Physician will never attempt to leverage its relationship with Patient by seeking Patient’s consent for marketing products for others.

We want your feedback. If our office gets it right, tell us. If we could do something better, tell us.We take quality improvement seriously. While there are scores of “rating sites” in cyberspace,many fail to provide useful information. Let’s get it done right. We can make recommendationsas to which sites follow minimum standards for fairness and balance. Just ask us. Physician has invested significant financial and marketing resources in developing the practice. Nothing in this Agreement prevents a patient from posting commentary about the Physician - his practice,expertise, and/or treatment - on web pages, blogs, and/or mass correspondence.

In consideration for treatment and the above noted patient protection, if Patient prepares such commentary for publication on web pages, blogs, and/or mass correspondence about Physician,the Patient exclusively assigns all Intellectual Property rights, including copyrights, to Physician for any written, pictorial, and/or electronic commentary. This assignment shall be operative and effective at the time of creation (prior to publication) of the commentary. This Agreement shall be in force and enforceable for a period of five years from Physician’s last date of service to Patient. As a matter of office policy, Physician is requiring all patients in its practice sign the Mutual Agreement so as to establish that any anonymous or pseudonymous publishing or airing of commentary will be covered by this agreement for all Physician’s patients. Further, this Agreement will survive for a minimum of three years beyond any termination of the Physician-Patient relationship.

Patient and Physician acknowledge that breach of this Agreement may result in serious,irreparable harm. Patient and Physician agree to the right of equitable relief (including but not limited to injunctive relief). Should a breach of this Agreement result in litigation, the prevailing party in the litigation shall be entitled to reasonable costs, expenses, and attorney fees associated with the litigation.

Patient has been given the opportunity to ask questions and receive satisfactory and adequate explanations.

SO AGREED THIS _______DAY OF ___________, 2010.___________________________________________(PATIENT)

Source: http://webcache.googleusercontent.com/s ... l=en&gl=us
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Re: Medical Gag Order

Postby MissJ521@aol.com » Sat Dec 04, 2010 11:03 pm

Here's what I would tell him (which is true):

"Sorry, my intellectual property lawyer has advised me against assigning full copyright to any of my work product. "

Besides, it's totally outside spirit of copyright to assign another copyright to your written work unless they are paying a lot for a licence for unlimited use. Screw that.

Good work tracking down a copy of it.
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Medical Gag Order

Postby Gloss » Sun Dec 05, 2010 12:22 pm

Private Practice Ceases Conditioning of Compliance with the Privacy Rule
Covered Entity: Private Practice
Issue: Conditioning Compliance with the Privacy Rule

A physician practice requested that patients sign an agreement entitled “Consent and Mutual Agreement to Maintain Privacy.” The agreement prohibited the patient from directly or indirectly publishing or airing commentary about the physician, his expertise, and/or treatment in exchange for the physician’s compliance with the Privacy Rule. A patient’s rights under the Privacy Rule are not contingent on the patient’s agreement with a covered entity. A covered entity’s obligation to comply with all requirements of the Privacy Rule cannot be conditioned on the patient’s silence. OCR required the covered entity to cease using the patient agreement that conditioned the entity’s compliance with the Privacy Rule. Additionally, OCR required the covered entity to revise its Notice of Privacy Practices.

Source: http://www.hhs.gov/ocr/privacy/hipaa/en ... tml#case29
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Re: Medical Gag Order

Postby Gloss » Sun Dec 05, 2010 8:56 pm

"....This is a blatantly transparent attempt to prevent patients from posting negative comments about their doctor, and it is likely unenforceable because of the restriction on freedom of speech. Notably, the document does not prohibit patients from posting positive comments about their physician. The message: If you are happy with my care, tell the world. If not, you cannot tell a soul.

It also represents yet another attempt by the medical community to avoid accountability for their actions. In the legislature, they have sought immunity from suit; and now, in the office, doctors are conditioning treatment upon patients waiving their constitutional right to speak out when they receive poor medical care...."

Source: http://dwklaw.com/blog/2009/02/18/flori ... -patients/
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Re: Medical Gag Order

Postby NOSE_d » Mon Dec 06, 2010 10:57 am

CanTooth25 wrote:I ve looked through Ratemds site http://www.ratemds.com/social/?q=node/35256 and there are few plastic surgeons names who give Medical Justic contracts. There are two popular plastic surgeons on the site which inform us that these surgeons give Medical Justice contracts including Paul Nassif , Lam and Toriumi.


Toriumi is not listed on the medical justice site. Neither are a few other surgeons that are said to be. Go to the site and do your own search. [-X
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Re: Medical Gag Order

Postby NOSE_d » Mon Dec 06, 2010 12:05 pm

CanTooth25 wrote:Nose_d.If you r interested in one of the surgeons, no one stops you from going to them.....that s your choice!

Thank you Gloss for the info. take care =D>


It certainly wouldn't be a deciding factor one way or the other. I was only pointing out you listed a surgeon stating he uses gag orders, when in fact he is not even listed on the medical justice website.
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Re: Medical Gag Order

Postby Gloss » Mon Dec 06, 2010 12:23 pm

Yes, it appears Dr. Toriumi is no longer a member of Medical Justice, but he was in the past, no? Here is a source dated 03/05/2009 which DOES list him as a member: http://www.ratemds.com/social/?q=node/35256


Now, if Dr. Toriumi was a member of Medical Justice, but no longer is...can we presume he found Medical Justice to be useless/a waste of money?
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Re: Medical Gag Order

Postby MissJ521@aol.com » Mon Dec 06, 2010 1:22 pm

Yes, he was in the past. I remember looking a BUNCH of docs up on that last year when we discussed this MJ thing on my board and he was one of them as was Lam and of course others.

Consider that although a doctor may not be listed as a member, nothing there to prevent them from using the same document that you posted here as in they still can slip a 'gag order' whether they are members or not.

That's why I suggest asking docs what papers you would need to be signing and asking that during the initial consult.

You never know--like he could have canceled his membership just to ESCAPE the negative association it has but he could have retained those legal forms to still slip to patients--you never know until you really GRILL the doc during the consult what kind of papers he's going to require you to sign.
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Re: Medical Gag Order

Postby NOSE_d » Mon Dec 06, 2010 1:53 pm

Gloss wrote:Yes, it appears Dr. Toriumi is no longer a member of Medical Justice, but he was in the past, no? Here is a source dated 03/05/2009 which DOES list him as a member: http://www.ratemds.com/social/?q=node/35256


Now, if Dr. Toriumi was a member of Medical Justice, but no longer is...can we presume he found Medical Justice to be useless/a waste of money?


With all the negative reviews on him I doubt he was ever a member. Seems people are posting surgeons names and nobody is verifying (as we've seen here).
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Re: Medical Gag Order

Postby NOSE_d » Mon Dec 06, 2010 1:57 pm

There's also a anti Toriumi website called Toriumi botched my nose or something. Wouldn't a gag order allow this to be taken down and ensure a lawsuit? He is always bashed all over the place and posts are never removed or sites taken down.
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Re: Medical Gag Order

Postby MissJ521@aol.com » Sat Dec 11, 2010 7:16 pm

BINGO!!! Yes. You are correct. It's a form of 'double speak'; speaking with 'forked tongue'. Here is the translation of what it says:

"Nothing in this agreement prevents you from writing anything you want about your experience. You may write as many reviews, as you like, anywhere on the web. But once you sign on the dotted line WE WILL THEN OWN anything you say and because we will OWN anything you say, with that, we will have the right to have what you say REMOVED if we don't like it and also have the right to use your positive comments to advertise our services if we like what you say. So, nothing in this agreement 'prevents' you from writing anything you want. All it does is ALLOW us to REMOVE anything you say IF we don't like it. So, your agreement with us allows you to write what you want. We don't want to prevent you from writing what you want about us. All we want to do is have the right to REMOVE what ever you write. If you don't agree to that then we wont' do your surgery."

In essence, that is what the document says.


AMPM wrote:"...Nothing in this Agreement prevents a patient from posting commentary about the Physician - his practice, expertise, and/or treatment - on web pages, blogs, and/or mass correspondence. In consideration for treatment and the above noted patient protection, if Patient prepares such commentary for publication on web pages, blogs, and/or mass correspondence about Physician, the Patient exclusively assigns all Intellectual Property rights, including copyrights, to Physician for any written, pictorial, and/or electronic commentary. This assignment shall be operative and effective at the time of creation (prior to publication) of the commentary..."

Then, if the posted comment becomes 'property' of the 'physician', it seems very straightforward matter (at least in this version of a gag order) for the 'physician' to have the post removed, since it will be claimed as their 'property'....
Do I see it right?

If so, it seems that the 'gag order' is on the one hand 'assuring' the patient that they'll be able to post freely, but then follows it up with a statement that seems to show that the 'physician' would have 'the rights' to that 'property', and can thus do what they want with it -- including, and surely, having it removed/deleted...

I'm wondering if this wording is actually a way to 'get around' the First Amendment rights of the patient, since it 'allows' the patient to post....(?)
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