The following is the text of a grievance relating to violations to the federal Health Insurance Portability and Accountability Act of 1996. At the Frackville prison and at many Pennsylvania state prisons, there is essentially no privacy afforded a prisoner's medical information even though federal law requires it. In this instance confidential medical information had been widely distributed. The prisoner complained after the nurse who was in charge of his records gave detailed confidential medical information to an "investigator" (really just a guard lieutenant) from Central Office and to the prison Superintendent. By contract, the prisoner himself is not allowed any access to his own medical records. "In order to assure exhaustion of any supposed1 administrative remedies relating to (federal) Public Law 104-191 Section 264 (42 USC 1177(2) and (3)), I seek the mandatory civil and criminal penalties provided by federal law for violation of the confidentiality of my medical records including fine, imprisonment and damages in the prescribed amount [$50,000.] "Barbara G. Malewski has improperly released confidential medical information. One Lieutenant Novitsky2 and Robert Shannon3 have obtained confidential medical information. The individuals are not healthcare practitioners, have no medical need-to-know and not for my medical benefit. [Section "B" of the form] "I have three times written to Ms Malewski about the confidentiality of my medical information without my consent. Submitted by US mail."4 Footnotes 1 In reality, no administrative relief is available. The grievance system is a sham. Nonetheless, a prisoner is required to endure the pointless frustration of the scheme before he or she can go to court. 2 Novitsky purports to be an "investigator" from the Office of Professional Responsibility. He seems to have wanted the medical information to see if the man's health could be exploited to kill him with a transfer to Frackville and/or by being tossed into the prison hole. 3 Robert Shannon is the superintendent of the Frackville state prison. He's the guy who's supposed to run the place. He's responsible to keep it operating lawfully and decently. 4 The prisoner must resort to using the United States mail to submit his grievances because the staff refuses to deliver inter-institutional communications. Apparently one or more guards simply discard the grievances and other correspondence the prisoner tries to submit within the prison. The place is VERY badly managed.

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