McCArthy admitted to the news that his statement made at the council meeting about mental health issues of a speaker, were made based on HIS own knowledge obtained through his employment as an investigator with the DA's office.
We've been talking so far about this issue as far as McCarthy and his position as city council president (and acting mayor and probably candidate for mayor).
However, do you all agree that McCarthy should be fired from his job at the DA's office for divulging information that: 1. Is private protected health information under federal HIPPA law 2, Is part of private files of "clients/customers/witnesses/etc" of the DA's office?
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
They tried to find someone else to take interim Mayor. Everyone knows the fiscal ruin Stratton has left behind. No one else wanted it. They know it is political suicide.
Gary McCarthy will be crushed by Roger Hull, All business leaders are lining up against McCarthy. He will be outspent 10 to 1. Look for more incumbent DEMS to abandon the sinking DEM working together ship. Good chance for a complete anti-DEM sweep.
McCArthy admitted to the news that his statement made at the council meeting about mental health issues of a speaker, were made based on HIS own knowledge obtained through his employment as an investigator with the DA's office.
We've been talking so far about this issue as far as McCarthy and his position as city council president (and acting mayor and probably candidate for mayor).
However, do you all agree that McCarthy should be fired from his job at the DA's office for divulging information that: 1. Is private protected health information under federal HIPPA law 2, Is part of private files of "clients/customers/witnesses/etc" of the DA's office?
nah.....he'll be treated like Lindsay Lohan and Charlie Sheen......
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
McCArthy admitted to the news that his statement made at the council meeting about mental health issues of a speaker, were made based on HIS own knowledge obtained through his employment as an investigator with the DA's office.
We've been talking so far about this issue as far as McCarthy and his position as city council president (and acting mayor and probably candidate for mayor).
However, do you all agree that McCarthy should be fired from his job at the DA's office for divulging information that: 1. Is private protected health information under federal HIPPA law 2, Is part of private files of "clients/customers/witnesses/etc" of the DA's office?
There is so much stigma attached to Mental Health the fallout is horrible.
I think being terminated would be a real way to go.
I say that because he has done something where he used information gained in his job what is to say he wouldn't do the same thing as acting Mayor. Putting pressure on someone because of knowledge gained in his job or even divulging to the media information about an individual to sway public opinion about that person. This is such a serious issue the ramifications are endless in my opinion.
It is a very serious breach for sure and does appears it leaves the city in a position for a lawsuit. What if the man does indeed have a mental health issue and those that serve him try to talk him out of it due to political issues?
Anything is possible. Remember if the man is indeed in treatment say from from a government run clinic not a private provider, who knows what pressures they may get. I don't know if they would get any but seeing how this thing is turning out even some local advocacy groups are not touching this with a 10' pole.
One said they have "gone on to other things". I do know the group is busy on a very important project that would help and protect folks with a Mental Illness in the city but to not even have 3 minutes to present at a CC meeting indicating their distaste at the statement made at the cc meeting is so wrong.
Really weird because their national organization's whole purpose is to fight stigma. Quote from their national website.. “is a network of dedicated advocates across the country and around the world who seek to fight inaccurate and hurtful representations of mental illness” It sure looks to me like there were "hurtful representations" made at the CC meeting. Don't know about inaccurate because I don't know if the man has a mental health issue or not.
There are three issues here.
1. The TU article and the appearance of a violation of mental health laws. I say appearance because I am not a lawyer but if this instance is not a violation of rights then what in the world is?
2. The statements made at the city council meeting again the appearance of a violation and if that statement isn't considered one than what is?
3. The whole political thing. Acting Mayor maybe running for Mayor and how his current job in the DA's office may interfere. Also, this city is in so much trouble we NEED a full time Mayor.
It is disheartening to learn that some of the mental health advocacy groups and others in the mental health field in the capital district are not touching this with a ten foot pole. They see it as a political issue due to the climate in the city and not one focused on the rights of a person who may or may not have a mental health issue.
The stigma attached to mental health is all consuming. For those battling an illness they live with the horrors of symptoms, the side effects of medications that sometimes are so bad that the person rather have the symptoms of the illness back.
A person with a mental illness has to live with the reality of possibly not being hired if it is known they have a illness.
They have to live with the reality they can and will be shunned by others once it is disclosed.
They have to live with the shame their families show them. They live with the shame and internal stigma they themselves hold.
So many times people think of those with mental health issues as having character defects when in fact it is an organic brain disorder. As a result of this disorder they may have been stunted in their formative years and have to attend intensive counseling.
As a result of having a mental illness and before they are aware they are battling a mental illness they turn to alcohol to quell the symptoms. A chemical that is a depressant. It is amazing to watch as one becomes educated about having a mental illness and may be prescribed medications and attend to therapy that so many times the abuse of alcohol stops.
It will be interesting to see if anyone speaks up at the CC meeting Monday voicing their concerns about the suggestion this man has mental health issues. He may or he may not. I don't care which, I am outraged at the insinuation, the suggestion being made. It is one that I am all to familiar with the ramifications, seeing it first hand, knowing the stigma attached.
What Mr. McCarthy said at the City Council meeting was unconscionable.
I am outraged and infuriated when as a DA employee he used private internal information gathered in his work to insinuate again this man had mental health issues.
I am shocked that Mental Health Law was violated and it appears it will not be addressed.
It is difficult to comprehend that I am not hearing much from the religious community here. They present themselves as advocating for those less fortunate. I am hoping they will speak up at the city council meeting. To not do so will speak loudly of what their understanding of the God they believe in wants of them.
It is a reality many folks are so wrapped up with their own needs and issues that they don't find this such an impacting occurrence.
When their son or daughter returns home from fighting overseas and they are no longer the person they once knew. When their son or daughter is experiencing Post Traumatic Stress Disorder or Major Depression and needs mental health intervention. Or God forbid they commit suicide they will then have the time to make this an issue worth addressing.
Common sense would tell any intelligent person that McCarthy either should have resigned or should have been fired for reasons mentioned by Cel and MC1.
However....this is schenectady where the liberal socialists award bad behavior and incompetence. So don't be too surprised that this jacka$$ ends up on the ballot for Mayor with the liberal socialists behind him.
The job of the electorate is to keep this video and a list of other bad behavior and incompetence and plaster it all over so people can see what a jacka$$ he is. Schenectadians need to vote NO!! And the electorate needs to know why!!
Enough is Enough!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Cel Powerful letter from the heart. I too am amazed at what I have been told by local Mental Health advocates, without mentioning names, they don't want to get involved because they are in or close to city hall : ( Very upset with local NAMI, they say they adovcate for stigma in the public sector....
Have heard outrage from those out of state.
So true about alcholol. I posted awhile back about abuse from my stepdad either here or on Schdy board. I was 12 and drinking everyday. You know the stepdad who used to beat my Mom and me and our animals, and held a gun to our heads, but got it back as his brother on the Rotterdam Police dept and he himself worked for the Sch'dy Sherrifs dept. Other abuse by neighbor won't post here: (
Anyways I have wrote up something to say in the form of a poem, I know unusual but thats the best way I get my feelings across. So those who watch the meeting and "know" me from here thats the reason I will present my three minutes. I will try not to get emotional.
Waiting to see the response if any at the meeting from other council members or mayor. Also like you Cel waiting to see if advocates or clergy talk at meeting.
As for McCArthy and the DA job, there is corruption there, they probably don't give a dam what he said. They have ruined or tried to ruin innocent citizens and families.
While I'm not a lawyer, I bolded what I think would be the possible applied penalty from what I've heard about this story.
Quoted Text
HIPAA Violations and Enforcement Failure to comply with HIPAA can result in civil and criminal penalties (42 USC § 1320d-5).
Civil Penalties The “American Recovery and Reinvestment Act of 2009”(ARRA) that was signed into law on February 17, 2009, established a tiered civil penalty structure for HIPAA violations (see below). The Secretary of the Department of Health and Human Services (HHS) still has discretion in determining the amount of the penalty based on the nature and extent of the violation and the nature and extent of the harm resulting from the violation. The Secretary is still prohibited from imposing civil penalties (except in cases of willful neglect) if the violation is corrected within 30 days (this time period may be extended).
HIPAA Violation Minimum Penalty Maximum Penalty
Individual did not know (and by exercising reasonable diligence would not have known) that he/she violated HIPAA $100 per violation, with an annual maximum of $25,000 for repeat violations (Note: maximum that can be imposed by State Attorneys General regardless of the type of violation) $50,000 per violation, with an annual maximum of $1.5 million
HIPAA violation due to reasonable cause and not due to willful neglect $1,000 per violation, with an annual maximum of $100,000 for repeat violations $50,000 per violation, with an annual maximum of $1.5 million
HIPAA violation due to willful neglect but violation is corrected within the required time period $10,000 per violation, with an annual maximum of $250,000 for repeat violations $50,000 per violation, with an annual maximum of $1.5 million
HIPAA violation is due to willful neglect and is not corrected $50,000 per violation, with an annual maximum of $1.5 million $50,000 per violation, with an annual maximum of $1.5 million
Criminal Penalties In June 2005, the U.S. Department of Justice (DOJ) clarified who can be held criminally liable under HIPAA. Covered entities and specified individuals, as explained below, whom "knowingly" obtain or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face a fine of up to $50,000, as well as imprisonment up to one year. Offenses committed under false pretenses allow penalties to be increased to a $100,000 fine, with up to five years in prison. Finally, offenses committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm permit fines of $250,000, and imprisonment for up to ten years.
Covered Entity and Specified Individuals The DOJ concluded that the criminal penalties for a violation of HIPAA are directly applicable to covered entities—including health plans, health care clearinghouses, health care providers who transmit claims in electronic form, and Medicare prescription drug card sponsors. Individuals such as directors, employees, or officers of the covered entity, where the covered entity is not an individual, may also be directly criminally liable under HIPAA in accordance with principles of "corporate criminal liability." Where an individual of a covered entity is not directly liable under HIPAA, they can still be charged with conspiracy or aiding and abetting.
Knowingly The DOJ interpreted the "knowingly" element of the HIPAA statute for criminal liability as requiring only knowledge of the actions that constitute an offense. Specific knowledge of an action being in violation of the HIPAA statute is not required.
Full DOJ memorandum (This link will take you off the AMA Web site. The AMA is not responsible for the content of other Web sites.)
Exclusion The Department of Health and Human Services (DHHS) has the authority to exclude from participation in Medicare any covered entity that was not compliant with the transaction and code set standards by October 16, 2003 (where an extension was obtained and the covered entity is not small) (68 FR 48805).
Enforcing Agencies The DHHS Office of Civil Rights (OCR) enforces the privacy standards, while the Centers for Medicare & Medicaid (CMS) enforces both the transaction and code set standards and the security standards (65 FR 18895). Enforcement of the civil monetary provisions has not yet been tasked to an agency.
Please refer to the AMA's FAQs on the privacy regulations for additional information on enforcement of the privacy standards.
No Private Cause of Action While HIPAA protects the health information of individuals, it does not create a private cause of action for those aggrieved (65 FR 82566). State law, however, may provide other theories of liability.
Thanks for the info Kevin. Reading more on the website sited it appears the law only applies to those disclosing who are working in the health care field. If so then I wonder if there is some other type of Mental Health law that applies?
Maybe the HIPPA law has not been violated, only a lawyer would know.
The bottom line though is that Mr. McCarthy has access to privileged and private information due to the nature of his work. His sharing of that information even if it doesn't violate HIPPA is something that is concerning for the reasons I stated above.
Something is so wrong with the apparent disclosure. Just so wrong.
Stay focused on the issue, which is Gary McCarthy’s STIGMATIZING and disparaging remark.
Bringing his politics into it are trivializing the matter and, I think, contribute to NAMI’s reasons for their failure to take any stance. Personally, I don’t believe that should matter at all, they should be able to separate the two, but seemingly, they cannot. It was also mentioned to me, by a NAMI advocate, that “there is still room for interpretation of what his meaning is” and “So I'm not interested in recriminations against Gary McCarthy because some people don’t like his politics.”
Whatever, thanks NAMI.
I have to say that I am somewhat surprised by Lauren Stanforth’s (TU reporter) comment- “Let’s be honest: many of the commenter’s at city meetings likely do have mental health issues.” This is all that you have to add? While that may or may not be true, shame on you Lauren, you lost the respect that I had for you and your reporting. MI occurs in all walks of life and people with MI are all around you. Could your boss, your doctor, your children, your children’s day care provider, your mentor, your mother, your father, your best friend, your government leader, be affected? Probably. You hurt them with your callous words.
Now, I see that some of you are wondering about whether that speaker has a MI or not. IMO, I don’t think that should be a major factor here. McCarthy’s remark hurts EVERYONE that does, or is affected by it. BUT, because of STIGMA, it now looks as if he does, whether he does or not.
Donald Birch (sp)- If you are reading here, you should probably note that you have only 90 days to file a “Notice of Intent to File a Claim” in court. This applies to any action against a municipality. This notice isn’t a formal “claim”, but a notice that you are intending to do so. I believe it acts to “stop the clock”, giving you time and puts the municipality “on notice”. So, if you intend to do anything about this, you better get busy. Talk to a Civil Rights lawyer and see what your rights are.
Also, anyone, even if you aren’t a party, can file a complaint with Health and Human Services here: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html. I don’t know if the DA’s office is considered a covered entity or not, looks like not, but I’m not a lawyer or any expert. I’d bet a lawyer could somehow make it fit but who knows.
Thanks for the info Kevin. Reading more on the website sited it appears the law only applies to those disclosing who are working in the health care field. If so then I wonder if there is some other type of Mental Health law that applies?
Maybe the HIPPA law has not been violated, only a lawyer would know.
I personally believe this is definitely a violation of HIPAA. Although Mr. McCarthy does not work in the health insurance field, the field that he is in obviously brings about this type of information and should have the same laws applicable. I'm sure there are most likely additional things under the mental health law, but I don't know those as well.
Ididntdoit You are correct that politics is playing a role in all of this. Stigma is the real issue.
That being said the political climate in the city at the present time complicates things so much. My comments referring to how Mr. McCarthy's employment leaves questions in my mind in fulfilling future duties in city administration is the politics of it and for that I have my hand slapped. I am mixing apples and oranges.
Removing that side of it. Just looking at Mr. McCarthy as a legislative leader for the city I feel he has a duty and responsibly to show respect to all citizens. Just as the citizens should be showing respect to those in the legislative body. Maybe it is time now that both the legislative body and the citizens review the rules of how a meeting should be conducted. Maybe lessen the chance that this type of occurrence ever happening again.
When their son or daughter returns home from fighting overseas and they are no longer the person they once knew. When their son or daughter is experiencing Post Traumatic Stress Disorder or Major Depression and needs mental health intervention. Or God forbid they commit suicide they will then have the time to make this an issue worth addressing.
What I will say at the council meeting is mostly about MI and stigma. But it was McCArthy himself who made it a public/political issue and what bothers me is that if he can try to lessen someone due to using mental illness how else does he try to lessen others? If he had make a comment about race, age, physical disability it WOULD not and SHOULD not be tolerated. So why is it ok with mental illness? What he is implying is that someone with a mental illness should not be taken seriously and when he said it sometimes rules the agenda, it sounds like he dosen't take many seriously.
And allthough part of my comment Monday may seem political its not. I don't care who said the comment, democrat, rebulican, independant, it was said and he made it a city issue now.
I totally understand what you mean and I'm not trying to excuse anything at all, as relates to his position, I agree.
"it sounds like he dosen't take many seriously. " HE doesn't and never will. He can barely tolerate it.
I guess i'm suggesting trying to present the matter in a more concise manner without clouding it with his politics. I don't care either, dem, rep, whatever. I dislike them all equally.
Kinda hard to find the right balance while keeping the stigma issue in the forefront because I feel that is what this should be primarily about.
Maybe he deserves his very own thread topic about his political agenda.
Ididntdoit Although I have mixed the apples and oranges on the forum. In composing my statements I plan on presenting at the next CC I am totally focused on the issue of stigma with the exception of the first line which will be...
"I am not sure about the rules of conducting a city council meeting but during the privilege of the floor may I suggest that comments be limited to calling the folks up to the podium, time management and seeing that citizens do not personalize comments."
From then on I will be referring to the impact of stigma. It will short and I am not sure I will be allowed to present it. Mr. McCarthy may gavel me saying it is not city business but I will try to politely remind him he made it city business by his comment. At that point he may still gavel me. At that point I will turn the focus to proper meeting protocol and that it appears the rules have been violated by the president commenting after citizens speak. That is city business.
Wow look what time it is! Was working on another project and have lost all track of time. Night
Logged
They tried to find someone else to take interim Mayor. Everyone knows the fiscal ruin Stratton has left behind. No one else wanted it. They know it is political suicide. 
