Update to Services

[Dkayz]

The more I read, the more I think that most people in here have no clue at all what HIPAA actually is or does...

[SmallWonder]

Originally Posted by Sarah Renee

What you fail to realize...It was an FBI agent that told me that due to my license, they could not search my devices. The reason they couldn't do so was the lack of a court order requesting they be turned over.

Now had they had the proper paperwork, then the chances of them still getting past all the passwords before my device erased all information (have to love having an IT guy as a client) is not likely. Try to go in through the backdoor and it will erase all the information. Enter the wrong password to many times and all information is erased. Make a mistake on two different app passwords and it will erase.

I am not trying to instill any false security in anyone. I am just trying to show that I have gone above and beyond to protect the privacy of my clientele. To get to client records, you have to have several passwords and I am never giving them out to anyone.

Some people only look stupid. Then there are those who open their mouths and prove it. Thankfully, I am not one of those.

Have a great night!

XOXOX

Sarah Renee

Smart girl, here.

Yeah, it's true, HIPAA alone won't protect you against a court order. However, it does provide another layer of protection if you take precautions. Keep in mind that under "normal" circumstances, it's probably going to be local donut munchers coming after hobbyists. They usually won't be expecting and won't be prepared for resistance.

In the case of coming up against someone like Sarah, the local guys would be stumped (even with a subpoena) and would probably not be able to get what they are looking for.

Federal agents could probably eventually get to the data if they really want to, but then it comes down to how much effort do they want to go to just to shut down a small time provider. Unless you're into something bigger than just the hobby, they're probably not (usually) going to bother you.

[JackJohnson]

Originally Posted by Sarah Renee

What you fail to realize...It was an FBI agent that told me that due to my license, they could not search my devices. The reason they couldn't do so was the lack of a court order requesting they be turned over.
[. . .]

I am not trying to instill any false security in anyone. I am just trying to show that I have gone above and beyond to protect the privacy of my clientele. To get to client records, you have to have several passwords and I am never giving them out to anyone.

Some people only look stupid. Then there are those who open their mouths and prove it. Thankfully, I am not one of those.

Have a great night!

XOXOX

Sarah Renee

I KNEW you were going to pull the "someone more of an expert than you told me" because you're just smart enough to want to rebut the info that pretty much said you're wrong. Smallwonder isn't wrong either... he's attempting to be more nuanced. I'm just pointing out you were not factually accurate. I erased a Pre-empt to the "I know an anonymous someone..." LOL.

My bet was going to be a federal attorney, but you had to go all FBI agent on us. Awesome! In a world of anonymous sources, everyone can win an argument. My friend who is a Federal Magistrate judge told me that.

I also consulted with my other friend who is a scholar in HIPAA at a local law school, who helped draft the legislation that in particular, said that you didn't actually protect much of anything. You can call him if you'd like, he's listed.

See, I went with the "my anonymous experts" are better...and said you could call them, making them real, or at least pretending to be.

Your best response is to do the much more verbose version of, Whatever, I was actually told by an FBI agent, I've been in the business for decades... etc etc etc. That's always a go to way to make an argument.

So ... beyond the sarcasm, my point was you're literally not correct with what you attempted to say, which is your pretence of being a massage therapist doesn't protect you from a court order, or an administrative request, as per the plain language of a document folks can read from the HHS website specifically warning third parties of their exposure under the act.

Your FBI agent won't protect you with their law degree from a judge in Sedgwick County who wants your client list. The desire of law enforcement for your list is most likely low... and not worth their time.

However, coming onto the board, and telling folks they are protected, seems a bit specious when...literally... it didn't sound right enough for me to google search and find a on point document that said. "Nuh-uh"

Just making sure hobbyists know that the risk is always there.

It's like hacking... someone who wants your crap can probably get it unless you're Edward Snowden. The only way to really prevent hacking is NOT to piss off hackers. Same thing with hobbying... you don't want the risk... don't do it. It's always about probability.

That's just my input But I'm no FBI agent.

Happy Sunday, and seriously... good luck to everyone involved in an unfortunate situation. Be well!

JJ

[Sarah Renee]

Jack, If you would spend more time getting laid and less time trying to prove everyone around you wrong....


Well sir! you might just be a happier individual!

Mod's can you please lock this thread BEFORE someone breaks out the Flying Monkeys and shows the really stupid side of Kansas.

Thanks!

XOXOX

Sarah Renee

[Dkayz]

Also, you might want to check if you really are even covered under HIPAA. Most states don't recognize massage therapists as being covered by HIPAA. Massage and Chiro have their own set of rules they fall under.

[zeejoe]

Originally Posted by SmallWonder

Federal agents could probably eventually get to the data if they really want to, but then it comes down to how much effort do they want to go to just to shut down a small time provider. Unless you're into something bigger than just the hobby, they're probably not (usually) going to bother you.

Yep, they won't waste resources chasing a hooker that skated, assuming the circumstances are as described. They do, however, keep score. They will refer what they know to locals for follow up, like a sales lead.

Originally Posted by Sarah Renee

Mod's can you please lock this thread BEFORE someone breaks out the Flying Monkeys and shows the really stupid side of Kansas.

Seriously? You want your own SPA thread closed over contention about whether HIPAA covers your prima facie illegal enterprise under Federal law?

Congratulations on presenting too great a degree of difficulty to the massive Federal data mining machine for an easy Mann Act charge and getting your phone back, but..... that FBI agent....... he didn't write your name down, did he?

[Sarah Renee]

Actually Dkayz, Massage Therapy is governed by a Federal license. Massage therspist take two test when taking the MBLEx. One is written and one is hands on. There are only two states (Connecticut and Massachusetts) that do not accept the Federal license as enough to practice. You must take their test and carry their license.

When setting up a store front or there is a reported problem, we deal with the Department of Human Health in most states. We are held accountable by the board of nursing. We do have to follow the exact same practices regarding HIPPA as any other medical professional.

Here's the part most people are uninformed on where massage therapy is concerned. We go through just as much training on the human body as an RN. Yes I know this for fact as I only lack my clinical from receiving a bachelors of science in nursing. We go through 15 months of classes and hands on training, clinicals, and then ten weeks of internship before we can even take the federal test. Then we are required to take at least 72 clock hours of continued education per year.

I have certifications in 27 different methods of massage and have been to five countries to train with some of the best in their particular method of massage. Massage therapy has come a long way in the last ten years. It is a lot to keep up with if you are not in the industry and continually researching and studying what is new.

Just like I don't try to tell the contractor on my house how to do his job, I would appreciate if everyone would stop trying to tell me about mine. I hold a degree in massage therapy and do keep my continued education credits up. It is my job to know the laws and requirements of my field.

Please keep in mind, I am not some ignorant provider who is your stereotype hooker you pick up on the street. My education goes much farther than most and I am only in this hobby to scratch an itch. Those who have seen me and know me will tell you, I am far from stupid.

You would be surprised how many of us really are intelligent and have a great rw life.

[JackJohnson]

Assertions and false appeals to authority (look I'm the expert here) do not make an argument. In fact, they are fallacies. Sigh.

Google to the rescue.

No, the Federal Government does not regulate massage therapists nationally. That's just factually inaccurate. If you have some proof, post it. Here's mine.

Why? That's a health code gig, and its regulated by the states. The test you describe is given by the FEDERATION of STATE Massage Therapy Boards. That is not a federal entity, it is an association of state boards...not the same.

Here is their website. They have nothing to do with the Federal Government, which generally does NOT regulate health care licenses (doctors, nurses, lawyers, psychologists, etc are all STATE licensed, why the hell would massage therapists be regulated by the feds?)

http://www.fsmtb.org/

Their website discusses most certification as voluntary, and in Kansas, there are no specific requirements, excepting localities like Overland Park.

Here's an on point guide to being a massage therapist that says, Federal Government does not regulate them. It's from an industry group:

http://www.abmp.com/abmp-blog/what-y...e-and-bodywork

In Kansas, there are no specific requirements, like I said Overland Park has them though (in a home rule state, where the state doesn't make requirements, the localities can step in and make rules).

http://www.massagetherapyschoolsinfo...chools-kansas/

You are correct, nursing is the ostensible regulating authority, since massage therapists are exempt from the Board of Healing Arts (KSA 65-2872). The point is HIPAA isn't going to protect folks. That's covered.

Look, all of this is publicly available information, and if you are going to keep saying "I know this" then you should be able to show some evidence. Folks should just not take your word for it based on your web posts. We have no idea who or what your qualifications are, but we can read for ourselves.

The point of the OP was to tell people they were safe, they aren't because of HIPAA, your assertions, or anything else. They are only safe because they aren't going to waste time and effort... although the local forces might be more inclined. No one who wants to be safe should just take your word for it... they should look for themselves!

Be safe, and be informed. Look it up!

[Sarah Renee]

Jack, I am finished arguing with you about this. I know what the legalities are for my profession. I have been very highly trained in my profession. So whatever you want to throw at me if it makes you happy go for it.

However I do have a question for you. Do you use Google to find your girlfriends? Or just for the air compressor to blow them up?

[JackJohnson]

Originally Posted by Sarah Renee

Jack, I am finished arguing with you about this. I know what the legalities are for my profession. I have been very highly trained in my profession. So whatever you want to throw at me if it makes you happy go for it.

However I do have a question for you. Do you use Google to find your girlfriends? Or just for the air compressor to blow them up?

The proof of what you know is still outstanding, like I said, I posted mine, beyond "I'm an authority dammit!" where is yours?

At any rate, my posts are for fellow hobbyists who might be taken in by your continual appeals as an expert, with no evidence of being one, and encouraging them to READ. They can decide for themselves.

As for your insult, the only thing blown up around here is your ego. Ad hominems... really? LMAO.

Facts are inconvenient.

[CuteOldGuy]

I thought the insult was funny.

[Dkayz]

Originally Posted by Sarah Renee

Jack, I am finished arguing with you about this. I know what the legalities are for my profession. I have been very highly trained in my profession. So whatever you want to throw at me if it makes you happy go for it.

However I do have a question for you. Do you use Google to find your girlfriends? Or just for the air compressor to blow them up?

He supports facts regarding what I mentioned, and you come back with a degrading insult as your response.

Jack 1, Sarah 0.

[SmallWonder]

Originally Posted by Dkayz

The more I read, the more I think that most people in here have no clue at all what HIPAA actually is or does...

I'm a health care provider. I can tell you that most people in the health care profession don't know how HIPAA applies to them. I spent 8 hours in a HIPAA seminar a couple of months ago. It scratched the surface.

[Dkayz]

Originally Posted by SmallWonder

I'm a health care provider. I can tell you that most people in the health care profession don't know how HIPAA applies to them. I spent 8 hours in a HIPAA seminar a couple of months ago. It scratched the surface.

Agreed. I'm also in the healthcare field and I have to do regular training on HIPAA, and I'm glad I never have to write a book on it.

[zeejoe]

While not in the healthcare field myself, I am well versed in the fact that reputable massage therapists, covered by HIPAA or not, do not regularly get the opportunity to have chats with fucking FBI agents after getting dimed out and rolled up.

Hey, it's an awful, shitty deal if she got busted as part of something bigger, but all of this HIPAA bullshit is just smoke and mirrors and you can file all of it right alongside the "Not my weed" defense every fool on every episode of Cops has tried when the baggie falls out of his pants.