Ed Allen - Did he break the law?

Ed Allen recently mailed out a very interesting letter.  Another reader of the blog was happy to forward a copy my way for deep analysis.  This is not your average mailer.  This mailer came as a letter directly from Dr. D. Edgar Allen.  At a glance, one might think this is simply a letter from their doctor talking about the upcoming election.  After closer study, you will see this is a campaign letter and could be breaking election laws or even more?

This letter was sent to this person and their elementary age son. 

The letter states (the grammatical errors are Ed's not mine):

Dear Patient,

As many of you know I am running for the Utah State Legislature.  Some of you are also aware; I served for four years in the Utah State Senate several years ago.  There may be some confusion about how this affects my practices.  The legislature includes a significant commitment of time and resources which I am happy to do because it is so important.

The annual legislative session begins around the 20th of January and lasts for about six weeks.  In addition there are monthly interim meetings which usually last one day.  From time to time the Governor may call special sessions.  Beyond this there are other responsibilities and commitments in serving my constituency.

Currently there are no physicians serving in the Utah State Legislature.  One other physician in the state is running for the House of Representatives this year.  Governor Huntsman and the legislature have formed a legislative task force to consider changes in our system for providing health care.  persons from a variety of backgrounds serving in the legislature are on this task force.  I believe this is very appropriate, but I do feel that the citizens need at least some representation from the medical field.  Also, I believe that there is need for more representation from individuals with a scientific background in the makeup of our legislative body.

During my prior service I had colleagues who were happy to provide coverage for my patients while I was in Salt Lake City with my legislative duties.  That situation will be even better this time.  Coverage will primarily be provided by my associate and son, Dr. Davide M. Allen, who will be assisted by our very capable Physicians Assistant, Galen R. Jones, PAC.  In addition trusted colleagues in Dermatology in our community are happy to provide support and coverage.

I have had many patients express support for this effort for which I am deeply grateful.  I also appreciate their patience and understanding.  I enjoy and have been grateful for the opportunity to serve whether it is in my practice or in the community.  Do not hesitate to contact me with questions and suggestions.

D. Edgar "Ed" Allen, M.D

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Here is where it gets interesting!

Thanks to the quick study of some of our community members, you may note the following:

1. Ed Allen has used his patient list and the patient list of his son’s to send out this mailer. The recipient of this mail is (was) a patient of David M. Allen.

 A signed release was not signed for the use of this name for political purposes. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 prohibits information being used for things like sales and advertising without permission.  Talk about unethical use of patient information. Is this against the law? Should the licensing board be contacted?

 2. This is clearly a campaign mailer. Mr. Allen can send them to whomever he pleases as long as he follows election code: http://le.utah.gov/~code/TITLE20A/htm/20A11_090100.htm

The code states:

1) (a) Whenever any person makes an expenditure for the purpose of financing an advertisement expressly advocating the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general public political advertising, the advertisement:

(i) if paid for and authorized by a candidate or the candidate's campaign committee, shall clearly state that the advertisement has been paid for by the candidate or the campaign committee;"

There is no mention this was paid for by Ed Allen or his election campaign committee, but it is clearly a campaign letter.  Was this political advertisement paid for by Dr. Allen's practice?  What would the Lt. Governor say about this kind of letter?

3. Also, did anyone outside of District 10 receive this letter? If not, then we know for sure this was an election mailer.

In the end, don’t you love that he is stating, “Coverage will be provided…” instead of “If elected, coverage will be provided.”  I love how he assumes he already won.  If he doesn't win, will he have to send out a mailer to all [District 10] patients letting them know he will be in his office all of January?  We would hate people not showing for appointments thinking he is in the Legislature.