You are on page 1of 3

12/20/2012 Connecticut Department of Public Health Licensing Division Petition 2012-601: Sidney Horowitz Dear Ms.

Gaminski, I am in receipt of your letter date 12/11/2012 in which you explain that under the advice of the Attorney General and the Department of Public Health you are unable to further investigate my complaint against Sidney Horowitz because their father refuses to provide consent to a release. Please forward me the name of the individuals who gave you such misinformation. Aside from Federal Laws concerning child custody and the rights I have to access their health and academic records, I will be more specific as I signed a HIPAA release for your agency: HIPAA regulations governing the rights of personal representatives,. 45 C.F.R. 164.502(g). A personal representative is a person authorized under applicable law (presumably state law) to make health care decisions on an individuals behalf. (Thus, an attorney is not ordinarily a .personal representative. under HIPAA). In general, a covered entity must accord a personal representative the same rights as would be accorded the individual with regard to access to records, 45 C.F.R. 164.502(g)(2). In most cases parents (or guardians or those acting in loco parentis) will be considered personal representatives of a minor or unemancipated child, and therefore, in most cases, parents can exercise the right of access to the medical record on the childs behalf. 45 C.F.R. 164.502(g)(3). Connecticut Statutes: Sec. 46b-56. (Formerly Sec. 46-42). Orders re custody, care, education, visitation and support of children. Best interests of the child. Access to records of minor child by noncustodial parent. Orders re therapy, counseling and drug or alcohol screening. (g) A parent not granted custody of a minor child shall not be denied the right of access to the academic, medical, hospital or other health records of such minor child, unless otherwise ordered by the court for good cause shown.

In accordance with state and federal law, YOU DO NOT HAVE THE RIGHT nor does any other entity need to ask permission from the other parent for a release records for Gabrielle and Wyatt Tittles medical treatment. Since you have not been nor will be provided with a court order barring my rights, because one does not exist, I expect full cooperation from your facility in my being a parent to these children by your agency acting in an ethical manner and complete this investigation. You have tried to get the following information through their father, but due his clear inability to put the needs of the children first, I am requesting that you use the releases that I signed to continue the MUCH needed investigation in order to keep not only mine, but ALL CHILDRENS emotional well-being and physical safety in the forefront WHO ARE SUBJECTED TO the unethical and fraudulent services of SIDNEY HOROWITZ. Since I have provided you with proof of insurance fraud, perjury, and making recommendations for two children with a diagnosis of one child for severe depressive disorder for a year and a half while only keeping one chart for both children yet saw two, and billed with a code that was one time for a year and a half, that fraud alone should prompt an investigation. The additional lack of moral conduct of for not speaking with TWO DCF investigators who were investigating the abuse my children suffered and told Horowitz about, making recommendations the were presented in court about both children, keeping one chart and billing fraudulently, and then later after I inquired about this, he recused himself from the case, claimed to make a clerical error in billing, yet I watched him look up the code and write it on the form that I brought out to the receptionist. Further, since my children and I were victims of domestic and family violence, it is imperative that you continue your investigation as Horowitz told my children to forget about the abuse they suffered and watch their mother suffer among countless other deceptive practices. The lame and illegal excuse you provide does not help anyone; instead it victimizes more people and leaves them with no voice. I expect that you will complete your investigation soon as I made the request months ago, and it has been long enough for Sidney Horowitz to write up fraudulent notes just has he happened to find a clerical error when I questioned him on the coding he used and the fraudulent manner in which it was used. I have provided your office with the August 2012 transcripts for his testimony and indicated and provided proof of his perjury. Again, kindly respond with the names of each representative who misinformed you about the law. Thank you, Susan Skipp Cc: Mr. Jespen, attorney.general@ct.gov. Honorable Joette Katz, Commissoner of DCF Commissioner.dcf@ct.gov

John Hughes US Attorney's Office New Haven Office Connecticut Financial Center 157 Church Street Floor 23 New Haven, CT 06510 Fax: (203) 773- 5376 APA Office of Ethics FAX: (202) 336-5997