January 24, 2014

TDCJ’s Offender Grievance Program

TDCJSealFrom: Texas Department of Criminal Justice

Introduction
An effective grievance program extends far beyond the staff of the grievance department. It involves an ongoing commitment by both staff and offenders at every facility to solve problems. The grievance program also provides a variety of supportive and protective functions by giving the offender an alternative to confrontation and an outlet for frustration and aggression. The program offers the offender a less formal alternative to litigation, thus saving taxpayers the cost of defending the agency in court. Grievances, when taken collectively, provide a wealth of insight into the daily operations of each unit that is helpful in maintaining a safe and secure environment for staff and offenders.

The current offender grievance process facilitates problem resolution at two distinct administrative levels. The first, commonly referred to as Step 1, allows the Warden to identify and resolve issues at the unit level. The second level, known as Step 2, affords an offender the opportunity to appeal the Warden’s decision. Step 2 grievances are sent off the unit to the Central Grievance Office in Huntsville, Texas for
review. Once the two-step process has been completed, the offender’s administrative remedies within TDCJ have been exhausted.

During Fiscal Year 2012 Texas offenders located in TDCJ units across the state filed a combined 216,258 Step 1 and Step 2 grievances, which represents an increase from the previous fiscal year. Approximately 26% of all Step 1 grievances were appealed to the second step, indicating that effective problem resolution is occurring at the unit level.

Grievable Issues
√ TDCJ policies and procedures
√ Actions of an employee or another offender
√ Harassment and/or retaliation for use of the
grievance procedure or access to courts
√ Loss or damage of pers
onal property by TDCJ
√ Basic care (things that TDCJ has control over)

Non-Grievable Issues
x State or Federal Laws
x Parole decisions
x Time-served credit disputes
x Matters for which other formal appeal
mechanisms exist
x Any matter beyond the control of the Agency

Remedies which are available through the Grievance Procedures
√ Restitution of property, either monetary or
compensatory;
√ Change of policy, procedures, rule, or practice;
√ Corrections of records;
√ Other relief, as appropriate

Remedies which are not available through the Grievance Procedure
x Requests for disciplinary
action against employees.
x Requests for consequential or punitive damages

View/Download the Full pdf. 

WORLD PRISON POPULATION MAP (PER 100,000)

PRISON POP RATES

PRISON POP RATES

August 22, 2013

* Have a loved one in Jail, Prison or Immigration Detention Center or Youth Corrections center ????

National Corrections Oversight Coalition

Reg’d OJP/DOJ®

                                                                     INTELLIGENCE FOR CORRECTIONS®

NOTICE : Inquiries, Questions, Comments Corrections Consulting Advisories & Recommendations, please contact us : at Jimmyferguson86@gmail.com or 409.356.4148

 

We desperately need your help! It takes “time, money & hard work” to maintain and keep a organization in compliance with local, state & federal law, regulations and keep materials such as paper, ink & stamps, without these materials we cannot maintain our “EXCEPTIONAL” TRACK RECORD we cant expose, CORRUPTION, CONSPIRACIES or file FORMAL COMPLAINTS we can’t respond to offender complaints and let them know the situation is under investigation, we have already filed numerous complaints by e-mail. Please see: (Our Victories & Accomplishments 2007-2014) & From a dime a dozen to priceless, where we were mentioned in Steve Mizeras biography.

 PLEASE GIVE TO A VERY WORTHY CAUSE, BECAUSE WE DON’T PLAY GAMES WITH PEOPLES LIVES!!!                  

                                   I.                                       

 Do you have a loved one in Jail, Prison or in a Immigration Detention Center, Youth Detention Facility??? or Correctional institute that has the authority to detain individuals. Have they been abused, assaulted, beaten, raped or even attempted to be murdered or murdered,???

{Is your loved one in a “Security Threat Group”  or “Gang”and wants out ,but is, (AFRAID.??}

Did you also know that the Federal Government is & has labeled these “Gangs” as “Homegrown Terrorist” under The Revised Patriot Act & they can & will be held in custody indefinitely????

If you have answered ” YES” to any of the questions listed above,

Please “DO NOT” hesitate to contact our offices at (409.356.4148) State that you would like to file a complaint or you may File a offender letter complaint by e-mail to the Founder/Executive Director’s Office  (jimmyferguson86@gmail.com) or if you choose you can send the complaint by mail to: Attention Founder/Executive Director s Office Jim W. Ferguson II  Central Headquarter’s 1428 23rd St. Ave. N. Suite # 2 Galveston Texas 77550

 II.

( BE ADVISED ): PLEASE READ THE RULES & REGULATIONS / MEMBERSHIP FEES ! 

                                                                                                                                                                              

……….(NOTICE)………..

YOU MUST BE A MEMBER OF NCOC TO RECIEVE ASSITANCE FROM THIS ORGANIZATION.. ((NO EXCEPTIONS))

  • If you are ever in the area of Galveston, Texas and you would love to see the inner workings of a organization or you would like to have coffee with our Founder/Executive Director or a member of our staff you can hit us up (call) and and get a confirmation (please allow (1) day prior notice) and we’ll coffee up and talk about what is going on in your world.
  • NCOC strives to maintain EXCELLENCE and be on the forefront of advocacy and protection on behalf of offenders confined in facilities across the United States.

   We are a very concerned group of organizations that is very concerned about the well-being of offenders . We are Offender Families, Friends, Concerned Citizens, we are also Former Prisoners, Veterans, Former Guards/Officers,Former Gang Members, Former Officials, Paralegals,/Legal Assistants, Producers, Investigating Journalists, Civil Rights Activists & Mothers, Fathers. Our primary objective is the offenders (Safety, Security & Their Mental Well being) We only want a even the balance in the playing field in Corrections. 

  •  IN OTHER WORDS TWO CAN PLAY THIS GAME.!!!,
  • BECAUSE WE HAVE BEEN THERE !!

III.

  • We are very aggressive, dedicated & above all else Loyal.  We are (GENERATION X ) We will always question our government , We “weekly” file FOIA Freedom of Information Act Requests, from Courts , Police Agencies, Federal Agencies , United Nations  & Social/Civil Organizations,  We monitor our government & its branches .
  • As a paralegal/legal assistant I understand the law very well and specialize in “only”civil law. I know for fact from my research in caselaw & legal education that all offenders have personal unaliebable Constitutional Rights which is to be    
  • “free” from harm  & also from future harm. See:(Hellings v. McKinney 509 U.S. 25,33 (1993) That is the privilege we as Americans have even if you are imprisoned, confined, detained or institutionalized.
  •  IV.          
  •  I continually inform NCOC staff about the abuse in jail & prison in our meetings. All “New” approved members  are required to take (1) JDI Webinar a month.
  •  The issue we face everyday, is when we read a offender letter that has a young man or woman being sexually assaulted  or beaten it “infuriates” us and motivates us to push & smash even harder!!
  • We DO NOT tolerate “predators”  these are the officers/officials who manipulate & prey on youngsters or children in jail or prison.
  • NCOC has put numerous officials/officers on probation/administrative

  • leave,terminated, &/or arrested/criminally charged. We have forced High Ranking officials to retire or be charged with a misdemeanor/felony crime.
  •  WE HAVE A “PROVEN” TRACK RECORD!!

 (1) NOTE: When officials are reprimanded &/or placed on probation and do not successfully complete the given disciplinary offenses,

The violators retirement/savings benefits or pension are jeopardized by their illegal actions.When a offender files a Civil Rights, “STATE OR FEDERAL LAWSUIT” against a defendant namely the Warden, Unit Staff (unit employees) The plaintiff (offender) will expose the administrations civil or criminal violations. At the end of the court hearing, the Judge will issue a “Final Judgement”, Please see:  Garnishment of Wages, Blacks Law Dictionary 2014 8th Edition

        

 V.

  OUR.

 Victories & Accomplishments

2007- to Present 2014     96% Effective

                              Revised 1/5/14 (11:43) am. / 7 pm Reviewed 412 Files / Reviewed 415 Files / Revised 2/23/14

Revised. 5/1 /14  6:12 pm

                              Reviewed ALL Files (315) 9/2/14 (42) Legal Files Approximate Time 3 Hrs. 45 mins

Revision 9/5/14 5-7 am,  Reviewed Unit/Complaint & Compliance Files (96) 4 pm to 7 pm, Reviewed 145 files (12) Administrative Files  9/25/14  9am-11am

 

WE HAVE EYES & EARS EVERWHERE)

   (“WE ARE WATCHING YOU”!!)

Specific “NAMED”officers/officials were escorted to the wardens office) of a STATE or FEDERAL INSTITUTION & WAS CRIMINALLY CHARGED. The statistics were gathered through “Internal Investigations,Record/Book Keeping & FOIA” requests written to government  agencies.

********************************

REVISED 8/21/14 2:45 PM

 NCOC has initiated &/or investigated (281) general complaints

(4)Senior Wardens were placed under Investigation due to stealing State Property.)

(167) grievances,medical complaints

(44) (CRIPA/Civil Rights of institutionalized Persons Act Violations

(1) Obstruction of Justice

(74) LIDs life in danger

(48) Sexual Assaults,{referred to (PREA) legislation Prison Rape Elimination Act/The Commission/JDI Just Detention International}

(11) Gang Wars

(15) Race Riots

(39) Excessive use of unnecessary use of force

(4)Attempted Murders (9) Capital Murders

(13) Deaths in Custody

(21) Officer Assault on a Inmate with a attempt to degrade or injure

(23)Simple Battery/Assaults

(16) Aggravated Assault with intent to Injure or do bodily harm 

(17) Conspiracies exposed on numerous facilities in the United States, Namely: TEXAS/CALIFORNIA/FLORIDA

(167)Denial of Medical Treatment

(119) Denial of Medications

(2) Medical Reprieves released due to Terminal Illness.

NCOC Records indicate (34) officers were put on Administrative Leave due to Pending Investigation (13 ) Placed on Probation, (8)Demoted , (12)Terminated,(5) Escorted off the facility to be arrested/terminated.

****Investigating since 2007****

Feel the Heat!!”

(14) Title II Violations Medical Disability Complaints To United States Department of Justice (Disability Rights Section) (Jeanine Wordon Deputy Chief Disability Right Section/Civil Right Section. (2007-2014)

On March 10 2010 the DOJ  published a advanced Notice of the Proposed Rulemaking Process seeking public comment on all the commissions proposed standards as well as specific questions asked by the DOJ . It is publically accessiable at http://www.regulations.gov, Docket ID No. DOJ-OAG -2010-0001.(Office of the Attorney General) The U.S.DEPARTMENT OF JUSTICE posted the Founders/Executive Directors letter  & was considered during the commissions rulemaking process.

Recorded in (www.regulations. gov)

VI.

     Officials/Officers cannot  (Deliberate Indifferance) & will not ignore us or make us goes away.We will not run (We can do it the easy way or hard way the choice is (YOURS) we have all the time in the world, WE HAVE THE UNITED STATES FEDERAL GOVERNMENT &/ or MEDIA at our disposal.

We do not care about money (although we need it to pursue your complaints), you cannot bribe us or manipulate us or give us gifts to ignore the situation where a human being is concerned. We are on a very strict time frame with a “Very Important Mission” to secure the safety & security of offenders & pay retribution(“legally”) to corrupt officials/officers. We EXPOSE CORRUPTION & COVER-UPs, we will write articles ABOUT THE OFFICER/OFFICIAL WHO WAS INVOLVED, AIR IT ON KPFT 90.1 ,PUT IT ON THE INTERNET TO GO VIRAL !!

  WE WILL MAKE IT GO VIRAL !!!!

(That’s a Promise)

WE DO NOT TOLERATE ABUSE OF OFFENDERS FOR ANY REASON!!!!!!,


VII. 

 

   (INFORMATION & GUIDANCE)

(WATCHDOGS) 

{ HOW TO FILE A COMPLAINT WITH NCOC }

(2.) All correspondence are REQUIRED to state the WHO,WHAT,WHEN,WHERE,HOW & WHY 

  (Who)  was is it that violated your “Protected Constitutional Rights” or assaulted you? (IT MUST BE SERIOUS)

  (What)  happened please describe in detaiL, what happened make sure you get names, dates, times, witness,  documentation, grievences, court papers, disciplinary papers, or anything relevent to your complaint/case.

 (When) It Happened, make sure you note what time it was, what day it was, what year , any past references, or any references of dates you think could help in your complaint/case

 (Where)  it happened, was you in your cell, in the dayroom , chow hall or officers dining hall ,Offender dining room (chow hall) ,outside recreation, we must have the location in the event that it may have been recorded /videotaped and we may be able to assist in the prosecution.

 (How) did it happened give the situations detail as much as possible, Do Not assume YOU MUST HAVE FACTS.(Hearsay is inadmissible)

 (Why)  did it happen, give your best reasoning, if you believe strongly that a certain official / offender was involved but not caught or have reason to believe in another matter, please explain in detail

VIII. 

  ( Rules & Regulations)

(1.) All offenders confined in a institution/facility is required to “EXHAUSTION OF ADMINISTRATIVE REMEDIES ” which is the unit grievence procedure before filing a formal complaint with NCOC, 

(2.) All complaints /correspondence are REQUIRED to state the WHO,WHAT,WHEN,WHERE,HOW & WHY 

(3.)All complaints must be typed or written legibly

(4.)Any correspondence received that does not meet these requirements or written standards will be returned to correct, you may then re-submit the information &/or complaint.

(5.)All correspondence /information recieved by NCOC Central Headqaurters/KPFT 90.1 becomes the property of NCOC & KPFT 90.1 or that home &/or office in the United States.

(6.)  (All) complaints/correspondence received must state the senders full name, address, number, cell block , housing area.

(7) All new approved members are required to take (1) JDI webinar a month.

(8) All complaints filed by family members must have the offenders original signature.

(9) All medical complaints are required to have the current HIPPA form sighned & placed in the offenders medical file. (Must be filed every 6 months/ Contact Unit Medical Department)

(10) ALL staff/members will act professionally when conducting investigations or  representing NCOC.

(11) NCOC staff/members are required to commit to a minimum of 2 hours a day.

(12) All staff/members are prohibited from giving any legal advice to clients.

(13) NCOC staff are prohibited from using profanity when conversing with officials/officers, conducting investigations.

(14) All staff members are to be courteous, respectful and are prohibited from using inappropriate language that could poorly reflect on the organization as a whole.

(15) All staff/members are required to maintain a monthly membership of $5 a month or $65 a year (includes processing fees)

(16) All staff members are prohibited from using discriminatory language/actions against staff members, offenders & The Public.

Effective 10/21/14

*(17) Investigations last from 30-45-60 days, In the event it is more serious and may require a different approach or review by the Board of Director’s, Law Enforcement  or Federal Official. Additional time will be created for accrucacy.

 ***********  NOTICE ************

Prison Rape Elimination Act has created the National Prison Rape Elimination Commission is charged with addressing national standards on sexual assault/rape which is a violation of the 8th Amendment of the Constitution of the United States & requires Jails, Prisons , Immigration, Juvenile Detention Facilities, (PUBLIC & PRIVATE) to adopt a “ZERO TOLERANCE” approach to this form of abuse, this has created a review panel which will hold annual public hearings disclosing the worst/best unit facilities which are in compliance, failure to comply with federal law will result in a significant loss of federal funding. Additionally conflicting testimony against the directors of the prison facility and introducing conflicting evidence may result in the denial of facilities federal funding. This is where NCOC intervenes, we collect Data/Information on sexual Assaults and present

this information with supporting evidence to the PREA Commission. The Founder/Executive Director Jim W. Ferguson II will be testifying in front of the Commission /U.S. Congress in the near future. Specific dates for Congressional Testimony are unavailable at this time.

**(WE ARE NOT LAWYERS) ALL STAFF/NCOC MEMBERS ARE PROHIBITED FROM GIVING LEGAL ADVICE TO CLIENTS.!! 

********(DISCLAIMER)********

Specific pages of this website is FEDERALLY PROTECTED under the Copyright & Trademark Laws/Rights. A majority of the information contained herein is the property of the Founder/Executive Director Jim W. Ferguson II, The opinions, reviews, records, , statistics, fact finding investigations/ records or any other data or information is strictly for “Information, Advisory & Consultation Purposes Only”. NCOC is not responsible for any incorrect, incomplete information. NCOC does not take any responsibility for violations of user/reviews of this site.

NCOC STRICTLY REVIEWS ALL /INFORMATION/DATA FOR INACCURACIES 

EFFECTIVE  3/18/94 REVISED Recorded use 1/1/14

Information contained herein constitutes as the fair use of any copyrighted material; as provided by Section 107 of the The United States Copyright Laws in accordance with title 17 U.S.C Sec. § 107.

Due to confidentiality we respectfully request that you contact the Founder/Executive Director for use of specific posted material.       ThankYou !

 

{THE OPINIONS, RECOMMENDATIONS OR CONSULTATIONS “DO NOT” REFLECT ON THE OFFICIAL POSITION OF THE UNITED STATES DEPARTMENT OF JUSTICE OR ITS AGENCIES, PROGRAMS OR ITS POLICIES.}

                   

                                                                                      

                                                                  

           National Corrections Oversight Coalition

             Reg’d OJP/DOJ®

          INTELLIGENCE FOR CORRECTIONS™  

                                                                                            

                                All RIGHTS RESERVED                           

       IN THE UNITED STATES OF AMERICA

                     COPYRIGHT © 2014 Jim W. Ferguson II                   

                                                             
 
November 26, 2014

Jim W. Ferguson II – Google+

Jim W. Ferguson II – Google+.

November 26, 2014

Jim W. Ferguson II – Google+

Jim W. Ferguson II – Google+.

November 26, 2014

National Corrections Oversight Coalition Reg’d,DOJ – Community – Google+

National Corrections Oversight Coalition Reg’d,DOJ – Community – Google+.

October 25, 2014

Presidential Memorandum — Implementing the Prison Rape Elimination Act | The White House

Presidential Memorandum — Implementing the Prison Rape Elimination Act | The White House.

October 25, 2014

Just Detention International – Rape is Not Part of the Penalty

Just Detention International – Rape is Not Part of the Penalty.

October 25, 2014

Just Detention International – Press Contact

Just Detention International – Press Contact.

October 24, 2014

Jim W. Ferguson II – Google+

Jim W. Ferguson II – Google+.

October 21, 2014

NSA implanted software on nearly 100,000 computers around world to “create digital highway” for cyber attacks

October 21, 2014

Support NCOC

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October 20, 2014

Uniform Crime Reporting Statistics

Uniform Crime Reporting Statistics.

October 20, 2014

Commission on Safety and Abuse in America’s Prisons | Vera Institute of Justice

October 16, 2014

HIPAA 164.512 | HIPAA Regulations

HIPAA 164.512 | HIPAA Regulations.

(5) Correctional institutions and other law enforcement custodial situations.

**(i) Permitted disclosures. A covered entity may disclose to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual protected health information about such inmate or individual, if the correctional institution or such law enforcement official represents that such protected health information is necessary for:

**(A) The provision of health care to such individuals;

**(B) The health and safety of such individual or other inmates;

**(C) The health and safety of the officers or employees of or others at the correctional institution;

**(D) The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another;

**(E) Law enforcement on the premises of the correctional institution; or

**(F) The administration and maintenance of the safety, security, and good order of the correctional institution.

**(ii) Permitted uses. A covered entity that is a correctional institution may use protected health information of individuals who are inmates for any purpose for which such protected health information may be disclosed.

**(iii) No application after release. For the purposes of this provision, an individual is no longer an inmate when released on parole, probation, supervised release, or otherwise is no longer in lawful custody.

§164.512 Uses and disclosures for which an authorization or opportunity to agree or object is not required.

A covered entity may use or disclose protected health information without the written authorization of the individual, as described in §164.508, or the opportunity for the individual to agree or object as described in §164.510, in the situations covered by this section, subject to the applicable requirements of this section. When the covered entity is required by this section to inform the individual of, or when the individual may agree to, a use or disclosure permitted by this section, the covered entity’s information and the individual’s agreement may be given orally.

(a) Standard: Uses and disclosures required by law.

(1) A covered entity may use or disclose protected health information to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law.

(2) A covered entity must meet the requirements described in paragraph (c), (e), or (f) of this section for uses or disclosures required by law.

(b) Standard: Uses and disclosures for public health activities.

(1) Permitted uses and disclosures. A covered entity may use or disclose protected health information for the public health activities and purposes described in this paragraph to:

(i) A public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions; or, at the direction of a public health authority, to an official of a foreign government agency that is acting in collaboration with a public health authority;

(ii) A public health authority or other appropriate government authority authorized by law to receive reports of child abuse or neglect;

(iii) A person subject to the jurisdiction of the Food and Drug Administration (FDA) with respect to an FDA-regulated product or activity for which that person has responsibility, for the purpose of activities related to the quality, safety or effectiveness of such FDA-regulated product or activity. Such purposes include:

(A) To collect or report adverse events (or similar activities with respect to food or dietary supplements), product defects or problems (including problems with the use or labeling of a product), or biological product deviations;

(B) To track FDA-regulated products;

(C) To enable product recalls, repairs, or replacement, or lookback (including locating and notifying individuals who have received products that have been recalled, withdrawn, or are the subject of lookback); or

(D) To conduct post marketing surveillance;

(iv) A person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition, if the covered entity or public health authority is authorized by law to notify such person as necessary in the conduct of a public health intervention or investigation; or

(v) An employer, about an individual who is a member of the workforce of the employer, if:

(A) The covered entity is a covered health care provider who provides health care to the individual at the request of the employer:

(1) To conduct an evaluation relating to medical surveillance of the workplace; or

(2) To evaluate whether the individual has a work-related illness or injury;

(B) The protected health information that is disclosed consists of findings concerning a work-related illness or injury or a workplace-related medical surveillance;

(C) The employer needs such findings in order to comply with its obligations, under 29 CFR parts 1904 through 1928, 30 CFR parts 50 through 90, or under state law having a similar purpose, to record such illness or injury or to carry out responsibilities for workplace medical surveillance; and

(D) The covered health care provider provides written notice to the individual that protected health information relating to the medical surveillance of the workplace and work-related illnesses and injuries is disclosed to the employer:

(1) By giving a copy of the notice to the individual at the time the health care is provided; or

(2) If the health care is provided on the work site of the employer, by posting the notice in a prominent place at the location where the health care is provided.

(vi) A school, about an individual who is a student or prospective student of the school, if:

(A) The protected health information that is disclosed is limited to proof of immunization;

(B) The school is required by State or other law to have such proof of immunization prior to admitting the individual; and

(C) The covered entity obtains and documents the agreement to the disclosure from either:

(1) A parent, guardian, or other person acting in loco parentis of the individual, if the individual is an unemancipated minor; or

(2) The individual, if the individual is an adult or emancipated minor.

(2) Permitted uses. If the covered entity also is a public health authority, the covered entity is permitted to use protected health information in all cases in which it is permitted to disclose such information for public health activities under paragraph (b)(1) of this section.

(c) Standard: Disclosures about victims of abuse, neglect or domestic violence

(1) Permitted disclosures. Except for reports of child abuse or neglect permitted by paragraph (b)(1)(ii) of this section, a covered entity may disclose protected health information about an individual whom the covered entity reasonably believes to be a victim of abuse, neglect, or domestic violence to a government authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect, or domestic violence:

(i) To the extent the disclosure is required by law and the disclosure complies with and is limited to the relevant requirements of such law;

(ii) If the individual agrees to the disclosure; or

(iii) To the extent the disclosure is expressly authorized by statute or regulation and:

(A) The covered entity, in the exercise of professional judgment, believes the disclosure is necessary to prevent serious harm to the individual or other potential victims; or

(B) If the individual is unable to agree because of incapacity, a law enforcement or other public official authorized to receive the report represents that the protected health information for which disclosure is sought is not intended to be used against the individual and that an immediate enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure.

(2) Informing the individual. A covered entity that makes a disclosure permitted by paragraph (c)(1) of this section must promptly inform the individual that such a report has been or will be made, except if:

(i) The covered entity, in the exercise of professional judgment, believes informing the individual would place the individual at risk of serious harm; or

(ii) The covered entity would be informing a personal representative, and the covered entity reasonably believes the personal representative is responsible for the abuse, neglect, or other injury, and that informing such person would not be in the best interests of the individual as determined by the covered entity, in the exercise of professional judgment.

(d) Standard: Uses and disclosures for health oversight activities

(1) Permitted disclosures. A covered entity may disclose protected health information to a health oversight agency for oversight activities authorized by law, including audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for appropriate oversight of:

(i) The health care system;

(ii) Government benefit programs for which health information is relevant to beneficiary eligibility;

(iii) Entities subject to government regulatory programs for which health information is necessary for determining compliance with program standards; or

(iv) Entities subject to civil rights laws for which health information is necessary for determining compliance.

(2) Exception to health oversight activities. For the purpose of the disclosures permitted by paragraph (d)(1) of this section, a health oversight activity does not include an investigation or other activity in which the individual is the subject of the investigation or activity and such investigation or other activity does not arise out of and is not directly related to:

(i) The receipt of health care;

(ii) A claim for public benefits related to health; or

(iii) Qualification for, or receipt of, public benefits or services when a patient’s health is integral to the claim for public benefits or services.

(3) Joint activities or investigations. Notwithstanding paragraph (d)(2) of this section, if a health oversight activity or investigation is conducted in conjunction with an oversight activity or investigation relating to a claim for public benefits not related to health, the joint activity or investigation is considered a health oversight activity for purposes of paragraph (d) of this section.

(4) Permitted uses. If a covered entity also is a health oversight agency, the covered entity may use protected health information for health oversight activities as permitted by paragraph (d) of this section.

(e) Standard: Disclosures for judicial and administrative proceedings.

(1) Permitted disclosures. A covered entity may disclose protected health information in the course of any judicial or administrative proceeding:

(i) In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order; or

(ii) In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if:

(A) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or

(B) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.

(iii) For the purposes of paragraph (e)(1)(ii)(A) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:

(A) The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual’s location is unknown, to mail a notice to the individual’s last known address);

(B) The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and

(C) The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:

(1) No objections were filed; or

(2) All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.

(iv) For the purposes of paragraph (e)(1)(ii)(B) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information, if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:

(A) The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or

(B) The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.

(v) For purposes of paragraph (e)(1) of this section, a qualified protective order means, with respect to protected health information requested under paragraph (e)(1)(ii) of this section, an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that:

(A) Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested; and

(B) Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.

(vi) Notwithstanding paragraph (e)(1)(ii) of this section, a covered entity may disclose protected health information in response to lawful process described in paragraph (e)(1)(ii) of this section without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(v) of this section.

(2) Other uses and disclosures under this section. The provisions of this paragraph do not supersede other provisions of this section that otherwise permit or restrict uses or disclosures of protected health information.

(f) Standard: Disclosures for law enforcement purposes. A covered entity may disclose protected health information for a law enforcement purpose to a law enforcement official if the conditions in paragraphs (f)(1) through (f)(6) of this section are met, as applicable.

(1) Permitted disclosures: Pursuant to process and as otherwise required by law. A covered entity may disclose protected health information:

(i) As required by law including laws that require the reporting of certain types of wounds or other physical injuries, except for laws subject to paragraph (b)(1)(ii) or (c)(1)(i) of this section; or

(ii) In compliance with and as limited by the relevant requirements of:

(A) A court order or court-ordered warrant, or a subpoena or summons issued by a judicial officer;

(B) A grand jury subpoena; or

(C) An administrative request, including an administrative subpoena or summons, a civil or an authorized investigative demand, or similar process authorized under law, provided that:

(1) The information sought is relevant and material to a legitimate law enforcement inquiry;

(2) The request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought; and

(3) De-identified information could not reasonably be used.

(2) Permitted disclosures: Limited information for identification and location purposes. Except for disclosures required by law as permitted by paragraph (f)(1) of this section, a covered entity may disclose protected health information in response to a law enforcement official’s request for such information for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person, provided that:

(i) The covered entity may disclose only the following information:

(A) Name and address;

(B) Date and place of birth;

(C) Social security number;

(D) ABO blood type and rh factor;

(E) Type of injury;

(F) Date and time of treatment;

(G) Date and time of death, if applicable; and

(H) A description of distinguishing physical characteristics, including height, weight, gender, race, hair and eye color, presence or absence of facial hair (beard or moustache), scars, and tattoos.

(ii) Except as permitted by paragraph (f)(2)(i) of this section, the covered entity may not disclose for the purposes of identification or location under paragraph (f)(2) of this section any protected health information related to the individual’s DNA or DNA analysis, dental records, or typing, samples or analysis of body fluids or tissue.

(3) Permitted disclosure: Victims of a crime. Except for disclosures required by law as permitted by paragraph (f)(1) of this section, a covered entity may disclose protected health information in response to a law enforcement official’s request for such information about an individual who is or is suspected to be a victim of a crime, other than disclosures that are subject to paragraph (b) or (c) of this section, if:

(i) The individual agrees to the disclosure; or

(ii) The covered entity is unable to obtain the individual’s agreement because of incapacity or other emergency circumstance, provided that:

(A) The law enforcement official represents that such information is needed to determine whether a violation of law by a person other than the victim has occurred, and such information is not intended to be used against the victim;

(B) The law enforcement official represents that immediate law enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure; and

(C) The disclosure is in the best interests of the individual as determined by the covered entity, in the exercise of professional judgment.

(4) Permitted disclosure: Decedents. A covered entity may disclose protected health information about an individual who has died to a law enforcement official for the purpose of alerting law enforcement of the death of the individual if the covered entity has a suspicion that such death may have resulted from criminal conduct.

(5) Permitted disclosure: Crime on premises. A covered entity may disclose to a law enforcement official protected health information that the covered entity believes in good faith constitutes evidence of criminal conduct that occurred on the premises of the covered entity.

(6) Permitted disclosure: Reporting crime in emergencies.

(i) A covered health care provider providing emergency health care in response to a medical emergency, other than such emergency on the premises of the covered health care provider, may disclose protected health information to a law enforcement official if such disclosure appears necessary to alert law enforcement to:

(A) The commission and nature of a crime;

(B) The location of such crime or of the victim(s) of such crime; and

(G) The identity, description, and location of the perpetrator of such crime.

(ii) If a covered health care provider believes that the medical emergency described in paragraph (f)(6)(i) of this section is the result of abuse, neglect, or domestic violence of the individual in need of emergency health care, paragraph (f)(6)(i) of this section does not apply and any disclosure to a law enforcement official for law enforcement purposes is subject to paragraph (c) of this section.

(g) Standard: Uses and disclosures about decedents.

(1) Coroners and medical examiners. A covered entity may disclose protected health information to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. A covered entity that also performs the duties of a coroner or medical examiner may use protected health information for the purposes described in this paragraph.

(2) Funeral directors. A covered entity may disclose protected health information to funeral directors, consistent with applicable law, as necessary to carry out their duties with respect to the decedent. If necessary for funeral directors to carry out their duties, the covered entity may disclose the protected health information prior to, and in reasonable anticipation of, the individual’s death.

(h) Standard: Uses and disclosures for cadaveric organ, eye or tissue donation purposes. A covered entity may use or disclose protected health information to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of cadaveric organs, eyes, or tissue for the purpose of facilitating organ, eye or tissue donation and transplantation.

(i) Standard: Uses and disclosures for research purposes.

(1) Permitted uses and disclosures. A covered entity may use or disclose protected health information for research, regardless of the source of funding of the research, provided that:

(i) Board approval of a waiver of authorization. The covered entity obtains documentation that an alteration to or waiver, in whole or in part, of the individual authorization required by §164.508 for use or disclosure of protected health information has been approved by either:

(A) An Institutional Review Board (IRB), established in accordance with 7 CFR lc.107, 10 CFR 745.107, 14 CFR 1230.107, 15 CFR 27.107, 16 CFR 1028.107, 21 CFR 56.107, 22 CFR 225.107, 24 CFR 60.107, 28 CFR 46.107, 32 CFR 219.107, 34 CFR 97.107, 38 CFR 16.107, 40 CFR 26.107, 45 CFR 46.107, 45 CFR 690.107, or 49 CFR 11.107; or

(B) A privacy board that:

(1) Has members with varying backgrounds and appropriate professional competency as necessary to review the effect of the research protocol on the individual’s privacy rights and related interests;

(2) Includes at least one member who is not affiliated with the covered entity, not affiliated with any entity conducting or sponsoring the research, and not related to any person who is affiliated with any of such entities; and

(3) Does not have any member participating in a review of any project in which the member has a conflict of interest.

(ii) Reviews preparatory to research. The covered entity obtains from the researcher representations that:

(A) Use or disclosure is sought solely to review protected health information as necessary to prepare a research protocol or for similar purposes preparatory to research;

(B) No protected health information is to be removed from the covered entity by the researcher in the course of the review; and

(C) The protected health information for which use or access is sought is necessary for the research purposes.

(iii) Research on decedent’s information. The covered entity obtains from the researcher:

(A) Representation that the use or disclosure sought is solely for research on the protected health information of decedents;

(B) Documentation, at the request of the covered entity, of the death of such individuals; and

(C) Representation that the protected health information for which use or disclosure is sought is necessary for the research purposes.

(2) Documentation of waiver approval. For a use or disclosure to be permitted based on documentation of approval of an alteration or waiver, under paragraph (i)(1)(i) of this section, the documentation must include all of the following:

(i) Identification and date of action. A statement identifying the IRB or privacy board and the date on which the alteration or waiver of authorization was approved;

(ii) Waiver criteria. A statement that the IRB or privacy board has determined that the alteration or waiver, in whole or in part, of authorization satisfies the following criteria:

(A) The use or disclosure of protected health information involves no more than a minimal risk to the privacy of individuals, based on, at least, the presence of the following elements;

(1) An adequate plan to protect the identifiers from improper use and disclosure;

(2) An adequate plan to destroy the identifiers at the earliest opportunity consistent with conduct of the research, unless there is a health or research justification for retaining the identifiers or such retention is otherwise required by law; and

(3) Adequate written assurances that the protected health information will not be reused or disclosed to any other person or entity, except as required by law, for authorized oversight of the research study, or for other research for which the use or disclosure of protected health information would be permitted by this subpart;

(B) The research could not practicably be conducted without the waiver or alteration; and

(C) The research could not practicably be conducted without access to and use of the protected health information.

(iii) Protected health information needed. A brief description of the protected health information for which use or access has been determined to be necessary by the institutional review board or privacy board, pursuant to paragraph (i)(2)(ii)(C) of this section;

(iv) Review and approval procedures. A statement that the alteration or waiver of authorization has been reviewed and approved under either normal or expedited review procedures, as follows:

(A) An IRB must follow the requirements of the Common Rule, including the normal review procedures (7 CFR 1c.108(b), 10 CFR 745.108(b), 14 CFR 1230.108(b), 15 CFR 27.108(b), 16 CFR 1028.108(b), 21 CFR 56.108(b), 22 CFR 225.108(b), 24 CFR 60.108(b), 28 CFR 46.108(b), 32 CFR 219.108(b), 34 CFR 97.108(b), 38 CFR 16.108(b), 40 CFR 26.108(b), 45 CFR 46.108(b), 45 CFR 690.108(b), or 49 CFR 11.108(b)) or the expedited review procedures (7 CFR 1c.110, 10 CFR 745.110, 14 CFR 1230.110, 15 CFR 27.110, 16 CFR 1028.110, 21 CFR 56.110, 22 CFR 225.110, 24 CFR 60.110, 28 CFR 46.110, 32 CFR 219.110, 34 CFR 97.110, 38 CFR 16.110, 40 CFR 26.110, 45 CFR 46.110, 45 CFR 690.110, or 49 CFR 11.110);

(B) A privacy board must review the proposed research at convened meetings at which a majority of the privacy board members are present, including at least one member who satisfies the criterion stated in paragraph (i)(1)(i)(B)(2) of this section, and the alteration or waiver of authorization must be approved by the majority of the privacy board members present at the meeting, unless the privacy board elects to use an expedited review procedure in accordance with paragraph (i)(2)(iv)(C) of this section;

(C) A privacy board may use an expedited review procedure if the research involves no more than minimal risk to the privacy of the individuals who are the subject of the protected health information for which use or disclosure is being sought. If the privacy board elects to use an expedited review procedure, the review and approval of the alteration or waiver of authorization may be carried out by the chair of the privacy board, or by one or more members of the privacy board as designated by the chair; and

(v) Required signature. The documentation of the alteration or waiver of authorization must be signed by the chair or other member, as designated by the chair, of the IRB or the privacy board, as applicable.

(j) Standard: Uses and disclosures to avert a serious threat to health or safety.

(1) Permitted disclosures. A covered entity may, consistent with applicable law and standards of ethical conduct, use or disclose protected health information, if the covered entity, in good faith, believes the use or disclosure:

(i) (A) Is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public; and

(B) Is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat; or

(ii) Is necessary for law enforcement authorities to identify or apprehend an individual:

(A) Because of a statement by an individual admitting participation in a violent crime that the covered entity reasonably believes may have caused serious physical harm to the victim; or

(B) Where it appears from all the circumstances that the individual has escaped from a correctional institution or from lawful custody, as those terms are defined in §164.501.

(2) Use or disclosure not permitted. A use or disclosure pursuant to paragraph (j)(1)(ii)(A) of this section may not be made if the information described in paragraph (j)(1)(ii)(A) of this section is learned by the covered entity:

(i) In the course of treatment to affect the propensity to commit the criminal conduct that is the basis for the disclosure under paragraph (j)(1)(ii)(A) of this section, or counseling or therapy; or

(ii) Through a request by the individual to initiate or to be referred for the treatment, counseling, or therapy described in paragraph (j)(2)(i) of this section.

(3) Limit on information that may be disclosed. A disclosure made pursuant to paragraph (j)(1)(ii)(A) of this section shall contain only the statement described in paragraph (j)(1)(ii)(A) of this section and the protected health information described in paragraph (f)(2)(i) of this section.

(4) Presumption of good faith belief. A covered entity that uses or discloses protected health information pursuant to paragraph (j)(1) of this section is presumed to have acted in good faith with regard to a belief described in paragraph (j)(1)(i) or (ii) of this section, if the belief is based upon the covered entity’s actual knowledge or in reliance on a credible representation by a person with apparent knowledge or authority.

(k) Standard: Uses and disclosures for specialized government functions

(1) Military and veterans activities.

(i) Armed Forces personnel. A covered entity may use and disclose the protected health information of individuals who are Armed Forces personnel for activities deemed necessary by appropriate military command authorities to assure the proper execution of the military mission, if the appropriate military authority has published by notice in the Federal Register the following information:

(A) Appropriate military command authorities; and

(B) The purposes for which the protected health information may be used or disclosed.

(ii) Separation or discharge from military service. A covered entity that is a component of the Departments of Defense or Homeland Security may disclose to the Department of Veterans Affairs (DVA) the protected health information of an individual who is a member of the Armed Forces upon the separation or discharge of the individual from military service for the purpose of a determination by DVA of the individual’s eligibility for or entitlement to benefits under laws administered by the Secretary of Veterans Affairs.

(iii) Veterans. A covered entity that is a component of the Department of Veterans Affairs may use and disclose protected health information to components of the Department that determine eligibility for or entitlement to, or that provide, benefits under the laws administered by the Secretary of Veterans Affairs.

(iv) Foreign military personnel. A covered entity may use and disclose the protected health information of individuals who are foreign military personnel to their appropriate foreign military authority for the same purposes for which uses and disclosures are permitted for Armed Forces personnel under the notice published in the Federal Register pursuant to paragraph (k)(1)(i) of this section.

(2) National security and intelligence activities. A covered entity may disclose protected health information to authorized federal officials for the conduct of lawful intelligence, counter-intelligence, and other national security activities authorized by the National Security Act (50 U.S.C. 401, et seq.) and implementing authority (e.g., Executive Order 12333).

(3) Protective services for the President and others. A covered entity may disclose protected health information to authorized Federal officials for the provision of protective services to the President or other persons authorized by 18 U.S.C. 3056 or to foreign heads of state or other persons authorized by 22 U.S.C. 2709(a)(3), or for the conduct of investigations authorized by 18 U.S.C. 871 and 879.

(4) Medical suitability determinations. A covered entity that is a component of the Department of State may use protected health information to make medical suitability determinations and may disclose whether or not the individual was determined to be medically suitable to the officials in the Department of State who need access to such information for the following purposes:

(i) For the purpose of a required security clearance conducted pursuant to Executive Orders 10450 and 12968;

(ii) As necessary to determine worldwide availability or availability for mandatory service abroad under sections 101(a)(4) and 504 of the Foreign Service Act; or

(iii) For a family to accompany a Foreign Service member abroad, consistent with section 101(b)(5) and 904 of the Foreign Service Act.

(5) Correctional institutions and other law enforcement custodial situations.

(i) Permitted disclosures. A covered entity may disclose to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual protected health information about such inmate or individual, if the correctional institution or such law enforcement official represents that such protected health information is necessary for:

(A) The provision of health care to such individuals;

(B) The health and safety of such individual or other inmates;

(C) The health and safety of the officers or employees of or others at the correctional institution;

(D) The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another;

(E) Law enforcement on the premises of the correctional institution; or

(F) The administration and maintenance of the safety, security, and good order of the correctional institution.

(ii) Permitted uses. A covered entity that is a correctional institution may use protected health information of individuals who are inmates for any purpose for which such protected health information may be disclosed.

(iii) No application after release. For the purposes of this provision, an individual is no longer an inmate when released on parole, probation, supervised release, or otherwise is no longer in lawful custody.

(6) Covered entities that are government programs providing public benefits.

(i) A health plan that is a government program providing public benefits may disclose protected health information relating to eligibility for or enrollment in the health plan to another agency administering a government program providing public benefits if the sharing of eligibility or enrollment information among such government agencies or the maintenance of such information in a single or combined data system accessible to all such government agencies is required or expressly authorized by statute or regulation.

(ii) A covered entity that is a government agency administering a government program providing public benefits may disclose protected health information relating to the program to another covered entity that is a government agency administering a government program providing public benefits if the programs serve the same or similar populations and the disclosure of protected health information is necessary to coordinate the covered functions of such programs or to improve administration and management relating to the covered functions of such programs.

(l) Standard: Disclosures for workers’ compensation. A covered entity may disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers’ compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.

[65 FR 82802, Dec. 28, 2000, as amended at 67 FR 53270, Aug. 14, 2002]

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October 14, 2014

Birmingham’s civil rights crusade, 50 years later

Originally posted on CNN Photos:

On May 3, 1963, escalating racial tensions came to a violent head when black activists clashed with city authorities in Birmingham, Alabama.

Bruce Davidson of Magnum Photos was among the photographers on the scene. The demonstrations produced some of the most iconic images of the civil rights movement.

“It was important for me to be there, stay close and observe,” says Davidson, now 79.

Photographs and video of black youths and nonviolent protesters being beaten by police and sprayed with high-power fire hoses landed in homes across the country. As a result, the tide began to change.

Before then, the Birmingham campaign had been struggling to gain ground. The movement, organized by Martin Luther King Jr. and the Southern Christian Leadership Conference, began quietly in April.

A month later, they were trying a new approach. They enlisted the help of hundreds of children for a march against segregation, later called the…

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October 14, 2014

Death penalty film trip: 5,000 miles of flaws and false confessions | World news | guardian.co.uk

Originally posted on Upside Down:

The One for Ten road trip comes to an end this week after a 5,200-mile cross-country trek to interview 10 death row exonerees and make a short film about each that highlights different flaws in the US capital punishment process.

The name of the project is inspired by the more than 1,300 executions and 142 exonerations since the death penalty was reinstated in the US in 1976 – a remarkably high number of errors considering the gravity of the punishment and avowed thoroughness of the system.

Death penalty film trip: 5,000 miles of flaws and false confessions | World news | guardian.co.uk.

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