AdministrativeErasure.org

A Bureaucratic Hit Job Exposed

The 35-Day ‘Myth’ of Imminent Threat

Introduction This section establishes the legal and factual invalidity of Defendants’ claimed reliance on HIPAA’s “emergency exception” under 45 C.F.R. § 164.512(j). The Defendants disclosed Plaintiff’s protected health information (PHI) to law enforcement 35 days after final contact, without warrant, subpoena, or valid exception.

At no point did Defendants possess a legally cognizable belief that Plaintiff posed an imminent threat to herself or others. The timeline, content, and procedural posture of the disclosure confirm that it was neither protective nor reactive—but retaliatory. This was not emergency intervention. It was surveillance-enabled punishment for asserting healthcare rights.

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I. HIPAA’s Emergency Disclosure Exception: Scope and Standard

Under 45 C.F.R. § 164.512(j)(1)(i), HIPAA permits disclosure of PHI without patient authorization when a covered entity, in good faith, believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.

To invoke this exception lawfully, four conditions must be met:

Temporal Proximity – Threat must be immediate or about to occur.

Probability – Threat must be more likely than not.

Specificity – A discernible act or target must be foreseeable.

Intervention Capability – Disclosure must be made to someone positioned to prevent the harm.

Failure to meet any of these elements voids the exception. Courts interpreting “imminent” across multiple jurisdictions consistently require that harm be impending and immediate, not merely speculative or delayed.

Doe v. Providence Hospital, 628 F.2d 1354 (D.C. Cir. 1980): “Imminent means the threatened harm is ‘about to occur’—not days or weeks in the future.”

Tarasoff v. Regents, 17 Cal. 3d 425 (1976): Confidentiality may be breached only when “the danger is imminent—i.e., present, serious, and foreseeable.”

People v. Sisneros, 55 P.3d 797 (Colo. 2002): Interprets “imminent danger” as requiring a true emergency, not generalized concern.

Medical literature further narrows this scope: Modern psychiatric and behavioral health literature sharply limits the scope of what can legally or ethically be called “imminent” risk.

According to the American Psychiatric Association’s Practice Guidelines for the Psychiatric Evaluation of Adults (2023), imminent risk is defined as the likelihood of violent or self-harming behavior occurring within the next 24 hours. This aligns with best practices in clinical decision-making, where interventions are triggered by present, acute risk—not long-term projections.

Similarly, in Evaluating Mental Health Professionals and Programs (Oxford University Press, 2022), Gold and Shuman emphasize that risk assessments extending beyond 24 to 48 hours fall into the category of “future risk” and no longer qualify as imminent. Their analysis underlines that disclosures justified under emergency exceptions must be grounded in real-time clinical danger, not speculative possibilities.

Further supporting this distinction, John Monahan’s article The Prediction and Management of Violence in Mental Health Services, published in Behavioral Sciences & the Law (2021), warns that predictive validity of violence risk models diminishes significantly after a 72-hour window. In other words, the further in time a potential risk is projected, the less reliable and legally actionable it becomes.

II. What Actually Occurred: 35 Days of Non-Emergency Silence

December 10, 2024: Final call between Plaintiff and UHC grievance staff. No threats, no escalation, no behavioral health referral.

December 11 – January 13, 2025: No contact initiated by either party. No internal welfare check, no mental health follow-up, no 911 call.

January 14–15, 2025: A UnitedHealthcare employee contacts police and discloses PHI on the 15th

Internal staff acknowledged post-facto: “We probably weren’t allowed to send that...but it’s done.” (Paraphrased.) See Exhibit N, Page 2,

Elapsed time: 35 full days.

PHI Disclosed Includes: Audio recordings of patient calls Medication and psychiatric history Behavioral risk scores Gender-affirming surgical data

No clinical provider authorized or reviewed the disclosure.

The employee admitted, “I’m not supposed to do this…”, suggesting knowledge of impropriety.

III. Legal Analysis: Why the Exception Fails

A. No Imminence Thirty-five days of complete silence—no contact, no incident, no outreach—makes any claim of “imminent” threat categorically invalid. No court has accepted such a delay as compatible with emergency doctrine.

B. No Concrete Threat Plaintiff made no threats to self or others. Emotional tone and political frustration were mischaracterized as danger. Call recordings confirm expressive speech—not crisis or violence.

C. No Clinical Justification No psychiatrist or behavioral health professional authorized the disclosure. HIPAA requires that safety-based disclosures rest on professional judgment, not clerical speculation. Defendants failed this duty.

D. No Valid Recipient The Grand Junction Police Department took no responsive action. No officers were dispatched, and the case was closed without follow-up—indicating no actionable concern even from law enforcement.

E. No Good Faith Defendants cannot rely on good faith when: The disclosing employee expressed doubt and internal conflict (“I’m not supposed to do this”).

The disclosure occurred five weeks after any alleged concern. There was no contemporaneous internal effort to intervene or monitor.

The disclosed materials included extensive non-essential PHI—more aligned with reputational damage than protective urgency.

Good faith must be objectively reasonable. Here, it was absent.

IV. Retaliatory Pattern and Timing Plaintiff had recently: Filed internal grievances over hormone therapy denial Invoked federal and Colorado anti-discrimination protections.

Warned of regulatory complaints

After her final December call, she went silent—choosing legal strategy over continued confrontation. Defendants responded not with resolution, but with silence, followed by a targeted, over inclusive disclosure.

This pattern—escalation, silence, metadata flagging, retaliatory disclosure—constitutes a clear abuse of HIPAA’s safety exception as a tool of institutional control, not care.

V. Colorado Law Reinforcements Colorado statutes mirror HIPAA’s requirements and impose even stricter standards:

C.R.S. § 10-16-104.3(3)(b) – Prohibits disclosure of mental health info absent “serious threat” and necessity to prevent harm.

C.R.S. § 12-245-220 – Requires licensed clinician involvement in emergency disclosures. Scharrel v. Wal-Mart, 949 P.2d 89 (Colo. App. 1997) – Rejects generalized concern as basis for breach. Defendants complied with none of these.

Conclusion This was not emergency care. It was delayed, unjustified retaliation under color of safety. A 35-day delay obliterates any credible invocation of the “imminent threat” doctrine. The PHI disclosure was motivated not by concern—but by complaint fatigue, administrative vengeance, and reputational framing.

To preserve the integrity of HIPAA and state medical privacy law, such misuse must be recognized not only as a violation—but as a weaponization of patient trust.

This section is incorporated as a factual and legal basis for all privacy, negligence, and emotional distress counts within the Plaintiffs Complaint and Demand for Jury Trial.

A PDF copy of The 35-Day ‘Myth’ of Imminent Threat is available HERE

❓ Frequently Asked Questions (FAQ)

This isn’t just about one incident. This is a blueprint. This page explains how a transgender patient trying to refill a state-covered, time-sensitive medication was reclassified as a potential threat—flagged by algorithms, profiled by policy, and handed to law enforcement. It also reveals how the same infrastructure could be used against anyone whose identity, condition, or voice is deemed inconvenient.

🧠 What is "Administrative Erasure"?

Administrative Erasure is the systemic dismantling of someone’s legal or social identity through backend infrastructure—not with force, but with process. It happens when data replaces context. When metadata replaces humanity. When compliance becomes a weapon.

It doesn’t rely on overt criminality. It doesn’t need a judge or a diagnosis. It just needs a system trained to escalate rather than understand.

In Samara Dorn’s case:

A Tier 2, legally protected hormone — estradiol valerate — was denied despite medical necessity.

Her voice, raised in desperation, was flagged as threatening.

Her gender and psychiatric history were quietly shared with police.

Her First Amendment speech was reframed as instability.

All without a subpoena. Without a warrant. Without her knowledge. This wasn’t a glitch. It was policy.

This isn’t healthcare. It’s institutionalized profiling—with trans lives in the crosshairs.

⚖️ Did Samara Dorn make violent threats?

No. And the police confirmed this. Samara spoke out—forcefully, lawfully, and politically—against being denied a medication she needed to survive. She used charged rhetoric, but never crossed into illegality.

According to the Grand Junction Police Department:

No charges were filed.

No threat was substantiated.

The case was closed voluntarily within 72 hours.

“Samara denied needing any support... and stated that [S]he ‘doesn't have any trust with LE’ and would not want to speak with us further without an attorney.”(Exhibit O – GJPD Narrative Log)

This was over before it began. But UnitedHealthcare kept going anyway.

📤 What did UnitedHealthcare send to law enforcement?

Without legal process, consent, or clinical justification, UnitedHealthcare transmitted:

🔊 Five full call recordings, capturing Samara’s voice, emotion, and speech pattern

🗂️ A narrative cover letter, framing her as a reputational and potential public safety risk

🔐 Her full legal name, surgery history, gender marker, and psychiatric medications

⏱️ Metadata logs and escalation notes, flagging her as “distressed” or “uncooperative”

They sent this package not to a patient advocate or case review board—but directly to the Grand Junction Police Department.

“We probably weren’t allowed to send that... but it’s done.”(UHC internal admission)

They also confirmed they hadn’t listened to all the calls before sending them.

That’s not care. That’s data laundering in the service of institutional retaliation.

🧬 Why was she calling UnitedHealthcare?

To refill a hormone prescription: estradiol valerate, prescribed post-surgery and covered under Colorado’s Medicaid Gender-Affirming Care Guidelines.

The facts:

✅ Prescribed on November 25, 2024 by Dr. Joshua Pearson

✅ Classified as a Tier 2 drug — pre-approved by Medicaid

✅ Subject to a 28-day discard rule under FDA/USP guidelines

UHC denied it, falsely citing dosage issues—even though dosage was irrelevant to the 28-day sterility window.

Samara’s care team made multiple override attempts. Samara herself made repeated calls. Instead of correcting the denial, UHC escalated her.

And then escalated again.

🔍 Was there a DHS referral?

Yes. Before contacting local police, UnitedHealthcare referred Samara to the Department of Homeland Security.

“She previously reported the following to the Department of Homeland Security and Detective Janda...”(Exhibit N – Page 2, Officer Daly)

No crime. No emergency. No medical crisis.

But her voice and identity were federalized without warning. The referral was never disclosed to her. She discovered it later through record requests.

This wasn’t a wellness check. It was a federal surveillance event triggered by trans advocacy.

🧠 Was this about mental health?

Only in how it was exploited. Samara did not place her mental health at issue. Her psychotherapist-patient privilege is preserved. No clinician will testify. No diagnosis is relied upon.

Yet UHC:

Disclosed her psychiatric medication list

Included diagnostic codes with gender-related metadata

Let law enforcement interpret that as a threat signal

They didn’t escalate because she was unstable. They escalated because she was inconvenient.

A Protective Order was filed to stop this exact abuse from recurring in discovery.

💥 Why does this matter beyond Samara?

Because the infrastructure is still running.

Because what happened to her could happen to:

Trans people

Disabled people

Poor people

Neurodivergent people

Medicaid recipients

Survivors

Dissenters

If your voice challenges a system trained to deny, you can be profiled.

The algorithm doesn’t ask what you meant. The database doesn’t care if you were right. The handoff doesn’t need a crime—just a trigger.

This case isn’t an outlier. It’s a warning.

⚖️ Is this FAQ part of a settlement negotiation?

No. Nothing in this FAQ—or anywhere on this website—is part of any confidential settlement offer or protected negotiation under Rule 408 or Rule 403. This page is built from:

Publicly filed exhibits

Lawfully acquired police and agency records

Firsthand facts and documented metadata

Constitutionally protected survivor speech

It contains no settlement terms, demands, or offers. It may not be cited as such in court.

📜 Legal Notice – Evidentiary Rules Compliance

This FAQ is a public legal education tool. It is not admissible under:

Federal Rule of Evidence 408š

Federal Rule of Evidence 403²

Colorado Rule of Evidence 408Âł

Colorado Rule of Evidence 403⁴

It is protected by the First Amendment and may not be used to prove or disprove liability or damages.

Footnotes:

Federal Rule of Evidence 408 — Compromise Offers and Negotiations: https://www.law.cornell.edu/rules/fre/rule_408

Federal Rule of Evidence 403 — Excluding Relevant Evidence for Prejudice, Confusion, or Waste of Time: https://www.law.cornell.edu/rules/fre/rule_403

Colorado Rule of Evidence 408 — Compromise and Offers to Compromise: https://casetext.com/rule/colorado-court-rules/colorado-rules-of-evidence/article-iv-relevancy-and-its-limits/rule-408-compromise-and-offers-to-compromise

Colorado Rule of Evidence 403 — Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time: https://casetext.com/rule/colorado-court-rules/colorado-rules-of-evidence/article-iv-relevancy-and-its-limits/rule-403-exclusion-of-relevant-evidence-on-grounds-of-prejudice-confusion-or-waste-of-time

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