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Spring Valley health clinic faces complaint
By SUZAN CLARKE
THE JOURNAL NEWS
(Original Publication: February 23, 2006)

SPRING VALLEY — An immigrant-rights advocate has filed a federal complaint against a community health-care clinic that she said delayed treating her dizziness and racing heart because she did not have a $30 co-payment.

Rose Leandre, executive director of Haitian-American Cultural and Social Organization, sought treatment Monday at Ben Gilman Medical and Dental Clinic on Route 59, but said she was not seen for more than an hour while staffers pondered whether they could treat her, asked her to go to a sister clinic in Monsey, and advised her to go home and get money.

She ended up calling the Spring Valley Police Department.

Sharon Milner, the clinic's executive director, denied the allegations. She said privacy laws prevented her from speaking about the specifics of any patient's case, but the policy was that any patient who wanted to be seen had to make a $30 co-payment.

Patients who say they have chest pains or a heart condition are seen immediately, Milner said, regardless of the co-payment.

The publicly funded center has been the focus of previous community complaints alleging staffers have been unresponsive to the needs of non-English speakers, undocumented immigrants or the uninsured or underinsured. Administrators have denied all claims, saying the groups were misinformed about how their system ran and insisting they treated every group equitably.

Leandre, who was born in Haiti, said she waited at the clinic for about an hour before she called police.

The 29-year-old Monsey resident said she was on her way to work and stopped to get food because she was feeling lightheaded. Then her heart began to race. She was near the clinic, so she went directly there about 9:15 a.m. She was told she would be seen but needed to pay $30.

She couldn't because she had inadvertently left her purse at home, Leandre said, adding that she asked to be billed and offered to show the receptionist her vehicle registration.

Leandre said she chose to go to the Ben Gilman clinic because it was close and she does not have health insurance.

"I didn't want to go to the emergency room and have to spend a lot of money when I can just go to a clinic," Leandre said.

According to the police report, Leandre told the officer that the center refused to treat her because she did not have the co-payment.

An ambulance was eventually called.

While it was en route, a clinic representative offered to check Leandre's vital signs and she declined, according to the report.

Leandre said she declined because she wanted a full examination. She said the medical assistant did not offer to see her until police were present.

When police arrived, Leandre said, an employee identified in the police report as the clinic's co-manager, Shirley Beyah, approached the officer.

"That's when she ran outside to the police and she said, 'We never denied her treatment. She's lying,' " Leandre said. She said the woman then told police that she had an outstanding debt. Leandre said she believes the employee's statement violated her health privacy rights.

The Health Insurance Portability and Accountability Act sets federal rules for the protection of personal health records. Leandre, who denied the outstanding debt, has filed a HIPAA complaint.

Milner said she could not discuss what the employee said to the police.

According to the police report, Beyah told the officer that Leandre refused to have her vital signs checked and that Leandre owed the clinic and in the past had provided false insurance company information.

Leandre was taken to Nyack Hospital.

The Gilman clinic is federally funded. Community Medical and Dental Care Inc., which operates the nonprofit Gilman clinic and the sister facility, the Monsey Medical and Dental Center, has received $2.3 million from the government since 2002.