New Change in Firearm Paper Work at HPD (Read 228757 times)

HiCarry

Re: New Change in Firearm Paper Work at HPD
« Reply #200 on: November 30, 2015, 02:02:55 PM »
Gordyf,

I am glad that you are on this forum and engaged in the conversation. Your opinion is of value as everyone else's is. Since you asked, I have some thoughts that i would like to share with everyone and hopefully clarify some things for you. I have spent a great deal of time on this ever since I  was denied on Tuesday to even start the application process because I am a Kaiser member and handed  "the letter". I won't go into the implication of the verbiage HPD wants your doctor to use. If you read it several times you will be disturbed by what it implies.

1. Kaiser policy is what Kaiser says it is for a reason. They do not like to or have to release protected information (mental, drug dependency etc treatments). HPD can't force them to. Only the courts can compel them to.

Kaiser's policy is most likely a result of antigun sentiment and a perceived liability exposure. Kaiser, and all other medical facilities MUST release PHI (protected health information) once a legitimate request, along with a properly signed release form, is received. That release can be requested for other doctors (who may need the info to treat you) or by the patient. That mandate to release the records is covered under the EMTALA/HIPPA laws. So, it has nothing to do with what Kaiser wants or likes to do. Period. 

4. Believe it or not Kaiser is trying to protect you by not giving out protected information until they are compelled by the courts. I like that.

Again, they must release PHI once they receive a legitimate request. They are not trying to protect you, they are trying to protect themselves from a perceived liability. That perceived liability is that if they say you're "OK" to own a gun and you do something stupid with it, they will be on the hook for your stupid actions.


« Last Edit: November 30, 2015, 02:53:37 PM by HiCarry »

Inspector

Re: New Change in Firearm Paper Work at HPD
« Reply #201 on: November 30, 2015, 02:11:22 PM »
Well, I went to see a doctor not affiliated with Kaiser who agreed to write the letter, but without the exact phrasing "no longer affected by..." in it. I have to renew my long gun permit on Wednesday. So, I'll see how it goes. If I'm denied, then I guess I'm calling Mr. Holcomb and signing on to any litigation.
Please keep us informed as to how it goes. So far I have heard of one person that they accepted the letter written like this and one person who they rejected and said the letter had to be verbatim.
SCIENCE THAT CAN’T BE QUESTIONED IS PROPAGANDA!!!

HiCarry

Re: New Change in Firearm Paper Work at HPD
« Reply #202 on: November 30, 2015, 02:11:41 PM »
scorpio:
You and I are on the same page even if it sounds different.
1) I agree that Kaiser or anyone should not have to cough up a customer's medical records. It is flat not their place especially with all the Federal privacy laws. HPD and the State are in violation even asking.
2) I agree that a "no response" should be a a GO for issuance. That they don't answer should not preclude the issuance of my permit
3) For what it is worth, if you were a young soldier here in '73, then we are contemporaries and probably need to get together for a beer.
4) I agree that Kaiser is trying to protect us, and see above remain within the bounds of privacy acts they are bound by
5) I have been with Kaiser most of my adult life and am familiar with what they cover. Filling out a form for the guv'mt is not one of them unless you pony up. my example a CG or DOT license physical.

All that said, how do we unf**k the situation at hand in the short term so that we may get back to our business of acquiring and collecting guns?
Inspector said that the ballahead guy behind the window claims that his superior is meeting with the providers. That is a start. He is a great guy by the way. Has helped me a lot!
That means the flap has reached an actionable level. It is an inconvenience for HPD and bringing attention down on their process. Might make somebody look silly. Can't have that.

I am out of the firearm purchasing  business until this all blows over, so I am on board to do whatever helps.
Where are HRA and the NRA when we need them? What is their take? Oh you don't belong? Get a grip and join!
If you don't belong to a n advocacy group, now is the time to get involved and it is time for the advocacy groups to speak up.
Numbers!!! it is all about numbers. There are too many of us affected by this.
One post postulated that there may be a new guy in charge? That makes sense, we just need to get him trained up, like all new officers.
We can do this! but we have to do it together.
Aloha
Gordy


I cannot speak to the NRA's involvement, but I can tell you that HRA has been involved in this matter since Kaiser first started getting squirrley with providing info to HPD. In the past they simply didn't respond if there were no entries in your medical record that would be of concern. HRA has had multiple meetings with HPD and the firearms division on this matter. Some of the current issues are of HPD's doing, but mostly it is a response from Kaiser's actions.

HRA has been working with Mr. Holcomb for sometime discussing this matter.

HiCarry

Re: New Change in Firearm Paper Work at HPD
« Reply #203 on: November 30, 2015, 02:34:49 PM »

If HPD doesn't  want to look at your medical records at their office (Kaiser sending medical records) why would HPD want to go to Straub to look at your medical records. I don't believe any of that. I'm not saying I don't  believe you. Doesn't make sense. No hospital in their right mind would allow (legally) police access to that area. They will send your records, with proper authorization but very few people have access to medical records in the hospital. I know,  I work there.

Granted most facilities will send medical records to a requester (assuming all legal documents have been signed), but it is not that uncommon to have folks come into inspect records. Especially of they are patients requesting to review their own records for the purposes of accuracy or to dispute certain inclusions. In my capacity at the law firm I used to work at, I would sometimes go to the facility to review records.

As for the number of folks that can see your medical records, well, anyone involved in your care has access to those records. I know, I worked in healthcare for over 30 years, been an "expert" for EMTALA/HIPPA, and used to work at a law firm doing med malpractice cases.

That being said, Kaiser (or Straub) suggesting that HPD make a determination of your fitness to own a firearm after reviewing your medical records is laughable on its face. First, those officers cannot even begin to understand the medical terminology let alone weigh all the subtle facts to make an accurate decision. Add to that the civil liability (HPD isn't provided immunity like a healthcare provider), and you can easily understand why HPD doesn't, and won't, make those determinations. 
« Last Edit: November 30, 2015, 02:55:38 PM by HiCarry »

HiCarry

Re: New Change in Firearm Paper Work at HPD
« Reply #204 on: November 30, 2015, 02:39:52 PM »
do a search, there was an instance in the last few years where the ACLU helped with a case on the 2a side
i cannot remember the details, but i believe HDF or HRA was involved
HDF used them and most recently it was the HRA and myself that contacted the ACLU with regards to a release of information/document request.

The ACLU allows its state chapters to make a determination about their Second Amendment interpretations. Our state chapter isn't so much "pro-2A" as it is fair about determining who to help. Of course, the fact that I worked with the director at a law firm in the past probably didn't hurt.
« Last Edit: November 30, 2015, 02:55:08 PM by HiCarry »

HiCarry

Re: New Change in Firearm Paper Work at HPD
« Reply #205 on: November 30, 2015, 02:41:17 PM »
Well, I went to see a doctor not affiliated with Kaiser who agreed to write the letter, but without the exact phrasing "no longer affected by..." in it. I have to renew my long gun permit on Wednesday. So, I'll see how it goes. If I'm denied, then I guess I'm calling Mr. Holcomb and signing on to any litigation.
Call him regardless of the outcome

HiCarry

Re: New Change in Firearm Paper Work at HPD
« Reply #206 on: November 30, 2015, 02:48:42 PM »
Ok I'm jumping in here because I was one of the first to go through this shit about a yr ago, and trust me I haven't bought anything since cuz the time and bullshit you gotta do now but that's exactly what they want. Last year  I got flagged by Kaiser I guess when hpd was waiting for their response when I was trying to buy a gun. Hpd said I got flagged and that u needed my dr to do that same letter. Went to my dr at Kaiser and said they don't write out letters..... So I went to a psychologist got cleared and btw I had to pay to see him, had him send a fax and the original. So my question is will my letter from the psychologist suffice or do I have to get a new one every time and pay extra everytime I want to buy a gun. ?
So then I go back and talk with Kaiser, I asked to talk to the person who flagged me. I should have gotten her name, but this lady was like you seen a counselor in the past (I was grieving over a break up after 7 yrs and my grandfathers death at the same time) and in the social service work that I do, it is recommended to go get counseling ourselves so that's what I did. Anyways the lady over the phone also said  "sir you bought so many guns the past year why do you need so many guns, who has that many guns" I told her what does it matter to you what the hell I buy, I said lady I buy, sell, design custom guns and collect them but she didn't give a fuck and there was no way of getting the clearance with her so I had to go to an outside provider.
Like I said it's been a yr or so since that happened and I haven't been back since but I need to go and renew my paperwork so we'll see what happens, AND..... The new MDR from desert tech is coming out real soon, I've been waiting for that bull pup for over a yr to come out.
Sorry haven't had chance to read this entire post but hopefully this shit gets resolved, it's such a hardship, extra time and money that we have to pay just cuz they flag us for no fkn reason.
So does everyone need to go through this shit now and not just Kaiser members who seen a counselor???
Have you contacted Mr. Holcomb?

HiCarry

Re: New Change in Firearm Paper Work at HPD
« Reply #207 on: November 30, 2015, 02:51:50 PM »
I thought Mr. Holcomb was Wolfhound this whole time...  :shake:

Do we contact his office or do you have a preferred method for contacting him?
Contact Mr. Holcomb at his office: 545-4040

scorpio ps

Re: New Change in Firearm Paper Work at HPD
« Reply #208 on: November 30, 2015, 04:33:52 PM »
While on patrol at HPD noticed that everything was being handled very orderly and efficiently. The officers were very nice. I am sure you've waited much longer to get your license renewed. If any Kaiser or Straub members have tried today, please post the "new letter". I have a feeling it is much more benign. Lets see it fellas. For the rest . Don't  sweat the small stuff. You have your pic taken every time you renew your license. What if you decided to transition between permits. If you follow instructions, line moves. I strongly suggest before you go down to download the forms from HPD and fill them out accurately and completely. Although you will have to redo some, it will be fast. If everyone  does their part the line will move.  A thumb print no big deal it's fast. I made a comment on why you need another print in my earlier posts. Lets see the letter.

Dumbgun

Re: New Change in Firearm Paper Work at HPD
« Reply #209 on: November 30, 2015, 05:23:16 PM »
I am meeting with Mr. HOLCOMB. At his office tomorrow DEC 01 at 9AM, 1136 Union Mall #808. Anyone wishing to piggyback on my appointment is welcome. He as another meeting with the other complainants DEC 11 I will not be able to attend that one. I am bringing all my paper work. Still waiting on Kaiser to send me my records.

Heavies

Re: New Change in Firearm Paper Work at HPD
« Reply #210 on: November 30, 2015, 07:43:47 PM »
Granted most facilities will send medical records to a requester (assuming all legal documents have been signed), but it is not that uncommon to have folks come into inspect records. Especially of they are patients requesting to review their own records for the purposes of accuracy or to dispute certain inclusions. In my capacity at the law firm I used to work at, I would sometimes go to the facility to review records.

As for the number of folks that can see your medical records, well, anyone involved in your care has access to those records. I know, I worked in healthcare for over 30 years, been an "expert" for EMTALA/HIPPA, and used to work at a law firm doing med malpractice cases.

That being said, Kaiser (or Straub) suggesting that HPD make a determination of your fitness to own a firearm after reviewing your medical records is laughable on its face. First, those officers cannot even begin to understand the medical terminology let alone weigh all the subtle facts to make an accurate decision. Add to that the civil liability (HPD isn't provided immunity like a healthcare provider), and you can easily understand why HPD doesn't, and won't, make those determinations. 
Question, is it not wrong for Kaiser to send a persons ENTIRE medical records over to HPD, when you sign a waiver the specifically says "...all records which have a bearing on my mental health..."?  Is that not a violation of medical privacy?

I am, not caught up in this madness, but am very concerned for the folks who are.

To everyone that is involved call up Mr. Holcomb whether you get your permit accepted or not.  Do not take a double standard of the rules and regulations required by this state, and at the whim of an anti gun provider, to exercise your rights.

mikenkapolei

Re: New Change in Firearm Paper Work at HPD
« Reply #211 on: November 30, 2015, 08:11:30 PM »

Since lying on the form submitted to HPD is a felony, you probably shouldn't be so willing to post that incriminating info in an open forum....

mikenkapolei

Re: New Change in Firearm Paper Work at HPD
« Reply #212 on: November 30, 2015, 08:13:36 PM »
You calling me a liar? Nice. I never said anything about lying on a form. Get your facts straight.

Scar16

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Re: New Change in Firearm Paper Work at HPD
« Reply #213 on: November 30, 2015, 08:21:23 PM »
I am meeting with Mr. HOLCOMB. At his office tomorrow DEC 01 at 9AM, 1136 Union Mall #808. Anyone wishing to piggyback on my appointment is welcome. He as another meeting with the other complainants DEC 11 I will not be able to attend that one. I am bringing all my paper work. Still waiting on Kaiser to send me my records.

I'll try and take off work and meet you down there, if I can get off work?? Something needs to change, Kaiser already screwed me once for hipa violation.

whynow?

Re: New Change in Firearm Paper Work at HPD
« Reply #214 on: November 30, 2015, 09:23:00 PM »
I plan to renew a long gun permit.  On the mental health form online, do you just initial MENTAL HEALTH or both including the substance abuse and do you still need to use their Firearms Information Form  with carbon copy?

Heavies

Re: New Change in Firearm Paper Work at HPD
« Reply #215 on: November 30, 2015, 10:04:21 PM »
I plan to renew a long gun permit.  On the mental health form online, do you just initial MENTAL HEALTH or both including the substance abuse and do you still need to use their Firearms Information Form  with carbon copy?
You would still have to use their carbon copy form.  I've seen them accept forms and deny the other forms from the internet on a random basis  Maybe they didn't print out to their satisfaction?  I'd just use the forms as a "cheat sheet" to fill out the forms they give you.

whynow?

Re: New Change in Firearm Paper Work at HPD
« Reply #216 on: November 30, 2015, 10:43:59 PM »
You would still have to use their carbon copy form.  I've seen them accept forms and deny the other forms from the internet on a random basis  Maybe they didn't print out to their satisfaction?  I'd just use the forms as a "cheat sheet" to fill out the forms they give you.
Thanks bro Heavies.

Day Day

Re: New Change in Firearm Paper Work at HPD
« Reply #217 on: November 30, 2015, 11:09:44 PM »
TIME TO ALERT THE MEDIA!!!  Someone who knows Gina Mangieri, please call her to investigate this infringement on our 2a.  I believe HPD is compelling us, Kaiser and Straub to submit the letters so HPD personnel doesn't have to go through all the med records of each individual applicant, imagine how time consuming, and the resources it takes just to do that. Simple fix, just throw the onus on the applicant and med clinics.   Not Straub or Kaisers fault either because it would create extreme liability for the clinics and their Doctors to sign releases (especially with the currant verbage) for all their patients regardless of whether the patient had prior mental/drug issues or not.  I know I wouldn't jeopardize my practice and future signing off on a clearance.  Their malpractice insurance premiums are outrageous as it is already so add this additional liability on top of that? no ways.

Q

Re: New Change in Firearm Paper Work at HPD
« Reply #218 on: November 30, 2015, 11:33:57 PM »
TIME TO ALERT THE MEDIA!!!  Someone who knows Gina Mangieri, please call her to investigate this infringement on our 2a.  I believe HPD is compelling us, Kaiser and Straub to submit the letters so HPD personnel doesn't have to go through all the med records of each individual applicant, imagine how time consuming, and the resources it takes just to do that. Simple fix, just throw the onus on the applicant and med clinics.   Not Straub or Kaisers fault either because it would create extreme liability for the clinics and their Doctors to sign releases (especially with the currant verbage) for all their patients regardless of whether the patient had prior mental/drug issues or not.  I know I wouldn't jeopardize my practice and future signing off on a clearance.  Their malpractice insurance premiums are outrageous as it is already so add this additional liability on top of that? no ways.

Physicians and Psychologists/Psychiatrists are given immunity essentially not held responsible for signing waivers, so long as they did so believing the individual was qualified to own firearms, without intentionally putting the individual or others in harms way should they believe the individual was not qualified to own firearms.

§134-18  Qualified immunity for physicians, psychologists, or psychiatrists who provide information on permit applicants.  There shall be no civil liability for any physician, psychologist, or psychiatrist who provides information or renders an opinion in response to an inquiry made for purposes of issuing a firearm permit under section 134-2 or for purposes of investigating the continuing mental health of the holder of a valid firearm permit provided that the physician, psychologist, or psychiatrist acted without malice. [L 1992, c 287, §1; am L 1994, c 204, §10]


So in other words, Kaiser and Straub are just supporting the anti-2a sentiment in Hawaii.

causa mortis

Re: New Change in Firearm Paper Work at HPD
« Reply #219 on: December 01, 2015, 12:43:27 AM »
Okay, so here's the letter that the doctor wrote: "I am writing to inform you that I saw *blank* for an evaluation session today. Mr. *blank* related to me that he has never had any mental health treatment at Kaiser's behavioral clinic or in the community. If Mr. *blank* had a mental health condition in the past, at present Mr. *blank* does not suffer from any mental health condition that would impact his ability to operate a firearm. Mr. *blank* shall, own, possess or control any firearm or ammunition and has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect. Please do not hesitate to contact me if you have any questions or concerns."

I e-mailed him back to let him know that I can't accept the letter in its current form, with the verbiage stating I'm "no longer adversely affected..." in it. I absolutely hate that statement, because it implies that at one time I DID have an issue. I'll see if he can correct it, and to see if HPD will accept it with the slightly altered wording.