Chapter 4: The AHS Response

I made it clear to Kevin Edgerton that in Chapter 4 of this series, I would post only material provided by the corporation without comment. After my News Editor received his letter, along with a pdf file containing AHS’s omnibus litigation, I again contacted Mr. Edgerton’s office by phone. I was told he was not available. I then left a message that I would like him to contact me regarding some of the questions his letter generated. He never returned my call.


To: www.atoday.org
Re: Andrew Hanson’s multi-part review of YouTube video

We would like to clarify information that has recently appeared in Adventist Today regarding a
former AHS employee and self-described whistleblower.

The former employee accessed, downloaded and removed without authorization confidential
patient records and confidential litigation documents from the work files of other AHS
employees. After unsuccessful attempts to retrieve the confidential documents directly from the
former employee, AHS filed suit in June 2009 in order to fulfill its HIPAA obligations and
maintain the confidentiality of the removed patient records and litigation documents.

In response to AHS’ action, the former employee began describing herself as a whistleblower and
filed various patient, whistleblower and retaliation claims with federal and state investigative
agencies and the court. Regardless of how the former employee describes herself or her motives,
the facts are that she removed confidential AHS documents, that AHS had a legal obligation to
recover those confidential documents, and that AHS was forced to file suit after the former
employee refused to return them.

To date, none of the investigative agencies–federal or state–has found merit in any of the former
employee’s claims against AHS. In the pending lawsuit, the court inspected certain removed
documents and ordered approximately 1,000 pages of confidential documents be returned to
AHS. More recently, after conducting a hearing, the court dismissed all of the former
employee’s self-described whistleblower, retaliation and other claims against AHS. Based on the
former employee’s delay and obstruction of the court process, the judge also held her in contempt
of the court. AHS expects the court to issue final rulings in the lawsuit before year end.

Adventist Today did not speak with anyone at Adventist Health System before publishing
the one-sided description of the events. Although it is Adventist Health System’s practice
not to discuss pending litigation in the press, this statement has been submitted to provide
more complete and accurate information on this matter.

Sincerely,

[signature]

Kevin Edgerton
Executive Director
Marketing & Communications

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Below are scans of the Omnibus Litigation. You can view them individually by clicking the images or download the entire document in PDF form here.

http://www.atoday.org/article/1338/blogs/hanson-andy/part-4-the-whistleblower-and-the-healthcare-corporation