When HIPAA laws were created in 1996 they filled a gap in medical practice where patient care beyond that of the physical, tangible care, and provided resources and regulations to protect patients where medical records and their privacy was concerned. But is it enough? Using Dr. Wade Travis Bomengen, physician at Red Rock Family Practice, Hot Springs Health (formerly Hot Springs County Memorial Hospital) and Gottsche Rehabilitation and Therapy, and the person most responsible for ever having to address these issues in Hot Springs County in the first place, as an example there is appears to be an argument to be made for redefining the definition of medical malpractice and strengthening resources for victims. In 2017, Dr. Wade Travis Bomengen intentionally leaked a patient's private medical history (PHI) to his friend and self proclaimed business mentor. Those disclosures were first vehemently denied by both Dr. Bomengen and his close family friend, the self proclaimed business mentor to the Bomengen children, CEO of Gottsche, Cheryl Pebbles Shero. What neither party knew of course was that the admissions, ever changing stories, and conversations with others they believed to be private, were recorded pursuant to Wyoming Statute 7-3-702.
If Dr. Bomengen was providing adequate care and was ethically above board with disclosing the PHI and allowing that first person to disclosed to further disseminate it without consent or ever having alerted the patient as required by law, why has he and his employer continued to deny the citations existence and ignore lawful requests for the records surrounding the disclosure? Do some physicians feel they are above the law? is it possible some physicians feel that their reasons and methods supersede those of the highest law in the United States? Unfortunately we can never really know why people choose to engage in unethical behavior when there are other options. But would knowing the answers to any of those questions undo any harm done unto a patient? Would it make the trauma and consequences done unto them any less impactful? One such patient was lucky in at least one regard; they had other healthcare workers on their side who respected the rules and regulations of their profession and respected patient care, choosing to disclose violations. Those ethically inclined health professionals successfully recorded Dr. Bomengen's and his affiliates, Cheryl Shero, Gottsche Board Member Gene Boehmke, his wife, Marcia Boehmke, Gottsche business manager, Karissa Williams, and others, discussing at length all the ways they were intending and had used the PHI disclosed by Dr. Bomengen to punish, humiliate and retaliate against the patient who reported them. But what about those patients who aren't so lucky? Is it fair for them to have to live with a lifetime of mistrust of physicians? How widespread does that breach of PHI have to cover for it to be recognized as patient harm? In the case of aforementioned patient, Cheryl Shero was secretly recorded as disseminating it across state lines to punish the victim she ridiculed for being mentally ill. What about healthcare professionals like Dr. Jason Weyer, business partner to Dr. W. Travis Bomengen who was notified of the breach and who is participating in the retaliation by refusing to provide copies of medical records to former patients, concerned about Dr. Bomengen's behaviors continuing? Are those who just stand by and do nothing when called to action just as guilty of ethical infractions? Those in healthcare would argue that a culture of "see something, do something" is the appropriate behavior of an ethically minded, healthcare professional. Unfortunately all of these arguments tend to lead to the circular logic of what is considered "fair." The definition though can be very ambiguous as it applies to healthcare and patient rights, as no one case is the same. So with that in mind, how do regulatory agencies go about establishing a baseline of fair? If a physician decides for himself and his so called business mentor that it's "fair" to disseminate a patient's medical information without their consent, what laws and resources are in place for patient's to "fairly" address those breaches of medical practice? These are the questions we here at Hot Springs Health Reform are seeking to answer and drive resources for victims to access so as to make sure physicians like Dr. Bomengen are no longer allowed to give blanket authorization to their friends, or as in Dr. Bomengen's case, business mentors, PHI that should be protected to as to pursue nefarious interests in direct conflict with patient care.
As the circumstances surrounding Hot Springs Health, Dr. Bomengen, and Gottsche Therapy and Rehabilitation continue to develop, those questions posed here will help shape future information regarding other patients and victims of these and other institutions. Patients and patrons of these institutions can contact agencies such as the Wyoming Board of Health, and the Wyoming Board of Medicine, as well as their local politicians to voice their concern over strengthening medical privacy laws in their jurisdiction.
Developing information regarding Dr. Bomengen, Margie Molitor of Hot Springs Health, and Cheryl Shero of Gottsche is currently being curated. If you're local, check back here soon for updates and resources regarding the ongoing HIPAA violations stemming from these institutions. Other future stories currently being curated include an in depth look at medical debt and HIPAA violations, including case studies on patients and former victims who successfully sued their healthcare abusers.