Lawsuit alleges Beckley VAMC violated veterans’ health privacy rights

BECKLEY, WV (WVNS) — A lawsuit filed in the United States District Court for the Southern District of West Virginia alleges the Beckley Veterans Affairs Medical Center (Beckley VAMC) deprived two Raleigh County veterans of their civil rights by releasing their entire health records, including mental health records, to a dentist who had allegedly declined to provide care to them.

The plaintiffs, Rachel Miller and Ayana Jones, are both fully disabled, according to the lawsuit, which Beckley attorney Robert Dunlap filed in September.

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The lawsuit alleges the two veterans had independently sought dental care at Beckley VAMC and that much of the care was denied by the acting chief of dentistry.

Beckley VAMC Public Affairs Officer Sara Yoke declined to comment on the lawsuit but said Beckley VAMC strives to provide the highest quality of care to veterans.

Both veterans traveled to Huntington VAMC, a round trip of nearly three hours, to receive the care which the Beckley VAMC dentistry chief had allegedly denied, according to the lawsuit.

Miller lost three teeth due to delayed care, according to the lawsuit.

The Huntington VAMC provided the dental care, which was covered by their veterans’ benefit package and should have been honored by Beckley VAMC, Jones said in February.

Jones and Miller began the process of appealing the decision by Beckley VAMC shortly after their care was denied and reported the matter to several agencies in an effort to gain support, including Sen. Joe Manchin’s office, according to the lawsuit.

The lawsuit alleged Beckley VAMC staff froze their drug prescriptions so they could not be filled in Huntington and that Beckley VAMC staff ordered their health records, including mental health records, be released to the dentist who had denied their claims.

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Miller and Jones each told 59News in February that they had not signed permission for their health records to be released, and the lawsuit alleged the Beckley VAMC acting chief of dentistry had not asked for the records.

Both Miller and Jones told 59News they believe the alleged actions were retaliation for challenging the decision by the acting chief of dentistry at Beckley VAMC.

The lawsuit seeks damages and requests a jury trial.

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