This ^.Tic Tac wrote:I agree. If the hospital falsified a government record, maybe you can get someone charged with that crime or seek civil remedies for the crime, but I don't think we should blame DPS for acting in good faith on the available records.cb1000rider wrote:Wow.. I'd say you have action against the hospital, but that the government "mostly" did their job based on the information that they had.
Sorry that such happened to you. I agree, notification of "unfit" status would be nice - or some ability to query on status... .
http://www.statutes.legis.state.tx.us/D ... /PE.37.htm" onclick="window.open(this.href);return false;
You have definitely been wronged, but two of the agencies concerned were merely acting on data which A) is their fiduciary responsibility to act on, and B) for which they have no legal obligation to investigate veracity. They act in good faith that the information provided to them by the reporting agency is correct in its particulars, and they have no obligation.....and more to the point, no authority under the law to do anything except to reject the non-qualifying application and notify the applicant of the rejection. They have no obligation or authority under the law to determine if the reason for the rejection is legitimate. The law seems to place the onus on the applicant's shoulders to prove that the application was wrongly rejected, not on the rejecting agency's shoulders to defend their decision—which is based on information received in good faith from the reporting agency.
So it seems to me that your beef, which IS legitimate, is 100% with the hospital that not only misreported the facts, but may have committed a HIPPA violation in doing so.