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	<title>Comments on: THANKS, L.A. WEIGHT LOSS! Identity Thieves Catch a Break</title>
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		<title>By: sean</title>
		<link>http://www.everyjoe.com/articles/thanks-la-weight-loss-identity-thieves-catch-a-break/comment-page-1/#comment-297863</link>
		<dc:creator>sean</dc:creator>
		<pubDate>Thu, 31 Jul 2008 22:26:48 +0000</pubDate>
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		<description>That&#039;s great, Paul.  Thanks.
I&#039;m sure ex-employees - and even clients - can say what&#039;s included in LA Weight Loss files... which I suspect meet both HIPPA and FACTA criteria.  The reports found in dumpsters reportedly included social security numbers, names, addresses and even credit card numbers.

When Pure Weight Loss closed more than 400 stores, they simply told their neglected and bitter employees to box it all up and send it back.  The employees - who had just been abruptly fired before Christmas - some of whom never got their final paychecks - were every bit as diligent returning those records as you&#039;d expect them to be.</description>
		<content:encoded><![CDATA[<p>That&#8217;s great, Paul.  Thanks.<br />
I&#8217;m sure ex-employees &#8211; and even clients &#8211; can say what&#8217;s included in LA Weight Loss files&#8230; which I suspect meet both HIPPA and FACTA criteria.  The reports found in dumpsters reportedly included social security numbers, names, addresses and even credit card numbers.</p>
<p>When Pure Weight Loss closed more than 400 stores, they simply told their neglected and bitter employees to box it all up and send it back.  The employees &#8211; who had just been abruptly fired before Christmas &#8211; some of whom never got their final paychecks &#8211; were every bit as diligent returning those records as you&#8217;d expect them to be.</p>
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		<title>By: Paul</title>
		<link>http://www.everyjoe.com/articles/thanks-la-weight-loss-identity-thieves-catch-a-break/comment-page-1/#comment-297787</link>
		<dc:creator>Paul</dc:creator>
		<pubDate>Thu, 31 Jul 2008 22:12:45 +0000</pubDate>
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		<description>Sean:
What is Protected Health Information (PHI)?
Under HIPAA, PHI is confidential, personal, identifiable health information about individuals that is created or received by a health plan, provider, or health care clearinghouse and is transmitted or maintained in any form. &quot;Identifiable&quot; means that a person reading this information could reasonably use it to identify an individual. 
Following are some (but not all) of the elements that make a piece of health-related information into PHI:


name 
address 
e-mail address 
birth date (except year) 
Social Security number 
employee number 
claim number 
health plan beneficiary number

PHI includes written documents, electronic files, and verbal information. (Even information from an informal conversation can be considered PHI.) Examples of PHI include completed health care claim forms, detailed claim reports, explanations of benefits (EOB), and notes documenting discussions with plan participants. 

FACTA-The Fair and Accurate Credit Transactions Act (FACTA) is a consumer rights bill that became effective June 1st, 2005.  All companies in the United States are affected by this legislative act. FACTA was designed to lower the risk of identity theft and consumer fraud. It enforces the proper destruction of consumer information, such as name, address, SSN, credit information. Also included in this bill is the necessity to destroy data *compiled* from this information. &quot;Any person who maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose&quot; in electronic or paper form must &quot;take reasonable measures to protect against unauthorized access or use of the information in connection with its disposal.&quot; - or to &quot;properly dispose of such information or compilation&quot;. 
FACTA basically requires that all businesses - regardless of size and industry - properly protect and dispose of the personal information they collect about their customers and employees.

I hope this helps.</description>
		<content:encoded><![CDATA[<p>Sean:<br />
What is Protected Health Information (PHI)?<br />
Under HIPAA, PHI is confidential, personal, identifiable health information about individuals that is created or received by a health plan, provider, or health care clearinghouse and is transmitted or maintained in any form. &#8220;Identifiable&#8221; means that a person reading this information could reasonably use it to identify an individual.<br />
Following are some (but not all) of the elements that make a piece of health-related information into PHI:</p>
<p>name<br />
address<br />
e-mail address<br />
birth date (except year)<br />
Social Security number<br />
employee number<br />
claim number<br />
health plan beneficiary number</p>
<p>PHI includes written documents, electronic files, and verbal information. (Even information from an informal conversation can be considered PHI.) Examples of PHI include completed health care claim forms, detailed claim reports, explanations of benefits (EOB), and notes documenting discussions with plan participants. </p>
<p>FACTA-The Fair and Accurate Credit Transactions Act (FACTA) is a consumer rights bill that became effective June 1st, 2005.  All companies in the United States are affected by this legislative act. FACTA was designed to lower the risk of identity theft and consumer fraud. It enforces the proper destruction of consumer information, such as name, address, SSN, credit information. Also included in this bill is the necessity to destroy data *compiled* from this information. &#8220;Any person who maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose&#8221; in electronic or paper form must &#8220;take reasonable measures to protect against unauthorized access or use of the information in connection with its disposal.&#8221; &#8211; or to &#8220;properly dispose of such information or compilation&#8221;.<br />
FACTA basically requires that all businesses &#8211; regardless of size and industry &#8211; properly protect and dispose of the personal information they collect about their customers and employees.</p>
<p>I hope this helps.</p>
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		<title>By: sean</title>
		<link>http://www.everyjoe.com/articles/thanks-la-weight-loss-identity-thieves-catch-a-break/comment-page-1/#comment-297770</link>
		<dc:creator>sean</dc:creator>
		<pubDate>Thu, 31 Jul 2008 13:20:24 +0000</pubDate>
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		<description>Paul:
Can you explain what constitutes PHI?  Or give the gist of FACTA?

LAWL employees/members:  What information do they keep in your files?</description>
		<content:encoded><![CDATA[<p>Paul:<br />
Can you explain what constitutes PHI?  Or give the gist of FACTA?</p>
<p>LAWL employees/members:  What information do they keep in your files?</p>
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		<title>By: Paul</title>
		<link>http://www.everyjoe.com/articles/thanks-la-weight-loss-identity-thieves-catch-a-break/comment-page-1/#comment-297753</link>
		<dc:creator>Paul</dc:creator>
		<pubDate>Thu, 31 Jul 2008 12:14:58 +0000</pubDate>
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		<description>Remember though, PHI or Portable Health Information is not something that only medical facilities are legally bound to protect.  Any entity who possesses such information is bound to protect that info under HIPAA.  In addition, there are other privacy laws such as FACTA that deal with protecting ANY personal information...even names, addresses and email addresses.</description>
		<content:encoded><![CDATA[<p>Remember though, PHI or Portable Health Information is not something that only medical facilities are legally bound to protect.  Any entity who possesses such information is bound to protect that info under HIPAA.  In addition, there are other privacy laws such as FACTA that deal with protecting ANY personal information&#8230;even names, addresses and email addresses.</p>
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		<title>By: sean</title>
		<link>http://www.everyjoe.com/articles/thanks-la-weight-loss-identity-thieves-catch-a-break/comment-page-1/#comment-297765</link>
		<dc:creator>sean</dc:creator>
		<pubDate>Thu, 31 Jul 2008 02:34:56 +0000</pubDate>
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		<description>&lt;i&gt;However, they are not under HIPPA since they are not a medical practice. The do not do medical records–They are strictly weight loss which is not goverend by medical practice acts.&lt;/i&gt;
Someone had mentioned that because there were blood tests involved, they could be under HIPAA.  I have no idea what&#039;s in LAWL client files.

Though reports of credit card #s and personal info is troubling enough.</description>
		<content:encoded><![CDATA[<p><i>However, they are not under HIPPA since they are not a medical practice. The do not do medical records–They are strictly weight loss which is not goverend by medical practice acts.</i><br />
Someone had mentioned that because there were blood tests involved, they could be under HIPAA.  I have no idea what&#8217;s in LAWL client files.</p>
<p>Though reports of credit card #s and personal info is troubling enough.</p>
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		<title>By: Jo</title>
		<link>http://www.everyjoe.com/articles/thanks-la-weight-loss-identity-thieves-catch-a-break/comment-page-1/#comment-297783</link>
		<dc:creator>Jo</dc:creator>
		<pubDate>Wed, 30 Jul 2008 21:22:08 +0000</pubDate>
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		<description>Thanks for posting!</description>
		<content:encoded><![CDATA[<p>Thanks for posting!</p>
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		<title>By: Janie Dawsom</title>
		<link>http://www.everyjoe.com/articles/thanks-la-weight-loss-identity-thieves-catch-a-break/comment-page-1/#comment-297988</link>
		<dc:creator>Janie Dawsom</dc:creator>
		<pubDate>Wed, 30 Jul 2008 21:15:15 +0000</pubDate>
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		<description>This does not surprise me at all.  LAWL has always been unprofessionally run.  They were lucky to have powerful advertising that drove people into the centers.  I was an corporate trainer for them and we never discussed health, well being or weight loss.  Just sales, sales, sales.  However, they are not under HIPPA since they are not a medical practice.  The do not do medical records--They are strictly weight loss which is not goverend by medical practice acts.</description>
		<content:encoded><![CDATA[<p>This does not surprise me at all.  LAWL has always been unprofessionally run.  They were lucky to have powerful advertising that drove people into the centers.  I was an corporate trainer for them and we never discussed health, well being or weight loss.  Just sales, sales, sales.  However, they are not under HIPPA since they are not a medical practice.  The do not do medical records&#8211;They are strictly weight loss which is not goverend by medical practice acts.</p>
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