The Story of an HIV Positive That Performers Never Knew About

I have worked this story very carefully to get it right, because it’s an atomic bomb on PASS and The FSC.  I thought about making it several posts because it raises so many problems and questions but my readers are smart and I know you guys will get it…Its a bit long but you should follow it all the way through.  This is life or death, specially for performers.

This is an email that was sent back in September to a performer working with Kink. Included with the email is an attachment containing LabCorp lab results indicating the performer had tested positive for HIV. The performer tested through STD Status, which is listed as a PASS/ FSC approved testing facility.

The email contains wording lifted directly from a September 9 FSC press release with information on the second moratorium that was in place from 9/6 until 9/20.

This directly contradicts Joanne Cachapero’s statement to AVN on 9/18 that, “Performers are not informed of their HIV/STD status through ‘generic email,’ and in fact, both state law and industry practices require that any such information must be discussed with the patient in person.”

The email itself makes no mention of the performer testing positive, nor does it say anything about having the performer come in for additional testing. In fact, the email doesn’t even address the performer by name. You can’t get much more generic than that.

labresult-email

labresultpage1

 

labresult2

Now here’s the scary part: These test results were never posted to the PASS database. Not only that, but to date there has been no attempt by the FSC or PASS to reach out to the performer in question.

No phone call.

No follow-up.

No explanation.

More disturbingly,  there was no attempt by the FSC to identify and test potential first generation partners that may have come into contact with the performer.

Note that this test was paid for by KHS in Columbia, South Carolina.

For those who don’t remember, KHS stands for Kulbersh Health Screening Services which is owned and operated by a certain Dr. David L Kulbersh. Dr. Kulbersh just so happens to be a part of the Free Speech Coalition medical advisory board and until recently was listed as a performer on the PASS database.

The very same medical advisory board that Kulbersh sits on is also the same medical advisory board that determines when moratoriums should go into place and for how long.

The performer received these test results around the same time the FSC was denying reports of additional performers testing positive.

As late as Sept 16 – six days after receiving these positive test results – the FSC made the statement, “No additional incidences of HIV have surfaced.” Withholding evidence of another performer testing positive.

A lot of questions come to mind here, not the least being why The FSC and PASS  withheld this info, made no effort at all to contact this performer for further testing and an exposure list.  Why wasn’t the info updated in PASS?

Another question you should be asking is who is David Kulbersh and why is all of Kinks testing being run through and billed by a clinic on the other side of the Continent in Irmo, South Carolina?  Why is Dr David Kulbersh on a medical advisory board that is overseeing the porn industry 3000 miles away from Irmo South Carolina?  I tried to get answers to these questions and I got stonewalled (as usual)

If you are a performer the hair on your neck should be standing on end right now, The FSC and PASS are playing games with your lives, this is completely unacceptable at any level.

It is time the industry including performers and production companies forced The FSC  to remove itself completely from the testing part of the business and turned it over to an entity that has both accountability and oversight.

 

96 Replies to “The Story of an HIV Positive That Performers Never Knew About”

  1. laura

    This story is incredible… what a complete system breakdown! Starting with the disgraceful notification to client without follow-up… disgusting

  2. jilted

    LOTS of questions,

    1. Mike, did you recieve this directly from the patient, or a third party?
    2.
    3. They physicial name is Thu,Le, He is legally responsible to do the partner notifications,,,,was this person ever asked by anybody to provide a list of contacts…did he provide any names to anybody,doctor, clinic, APHSS, Kink,,anybody
    4. Have you verified that the person has indeed been DIAGNOSED as HIV+?
    5 Did this person, if positive, take it upon himself to notify any partners?
    6. Mike, do you know the dates that this person worked, who he/she worked with, and if any of them are HIV+?
    7. Is this person currently under a doctors care and being treated for an HIv infection/
    8. Do you know if this person plans on coming forward on their own?
    9. Did Stdstatus.com notify PASS?(the patient has the right to get the answer to this question.)

    On the surface it appears that some legal protocols may not have been followed. This person needs to get a lawyer and sort this out.

    This is just the first round of questions,,,,,,to get the right answers you have to ask the right questions.

  3. jilted

    Not a stupid question,,,he may very well still be getting hired by gay production companies.

    That was going to be in the next round of questions,,,,gay, straight, crossover??

  4. Lacey Blake

    Hey Look…
    Documentation that shows why moratoriums are put in place… nifty.

    The responsibility will be put on the performer. Moratorium was put in place.. he was marked as “unavailable” in PASS just like every other performer… if the doctor asked about previous partners and he didn’t give names… oh well, that sucks. People lie.

    Hurry!! Everyone go get re-tested and if you’re positive… fade away. Good luck.
    Once a moratorium is in place, no positives are going to be released… there’s no point in releasing the info. anyway… TJ Cummings was “outed” just as Belle Knox was (although she’s kind of an idiot if she thought no one was going to recognize her from PUBLIC videos).. No one was even supposed to know he was the infected performer…

    How do people STILL not understand how moratoriums work and the various purposes for using them? Jeez. I see a “how moratoriums work 102” coming… hahaha..

  5. LurkingReader

    @jilted

    The doctor only needs to make partner notifications if they “DIAGNOSE” if they don’t do the confirmatory testing then…poof like magic they don’t have to notify. In fact Mark Kernes has specifically stated that AIM didn’t diagnose and therefore wasn’t required to report.

    Isn’t it funny how when folks are trying to shut ya up they out even more shit?

  6. jilted

    Mark Kernes would be sorely mistaken. Not the first time, and not the last. Can you link an article or something where he said this? I would love to rip it to shreds.

    Freedom of speech also includes the right to remain silent. Funny how the industry seems to pick and choose when to speak, and when to remail silent.

  7. Lacey Blake

    Exactly… just because an initial “abnormal” shows up at a PASS facility in no way means that performer is required to return and get DIAGNOSED at a PASS facility.

    Get an “abnormal.”: Go to private doctor to get confirmation of + or -.
    If negative.. go back to PASS facility to get tested clean. Resume work.
    If positive.. your availability in PASS will expire at some point within the next few weeks and then you’ll be weeded out.

    Hopefully, some fucking idiot doesn’t continue to work until his PASS test expires…

  8. jilted

    Lacey, look to the left of the word abnormal, and one line down,,,the actual result is “Reactive” which is equal to positive.

    That is why I one of my first questions was Has this person been diagnosed? After getting the answer to this question there are lots of follow up, that is, IF you want to get to the truth. To get the right answers you need to ask the right questions.

    ps,,,I rarely ask a question I dont already know the answer to.

  9. Lacey Blake

    OHHH… Yep, I completely missed that. There’s a reason I’m not a doctor. Haha.

    Thanks!! Now it makes much more sense. I thought the test result was just showing “Abnormal” with no follow-up conducted…
    Oh dear, that is bad.

  10. LurkingReader

    Was this approved PASS facility in Boston?

    Looking up Thu, LE and the associated physician ID shows a female doc in Boston with additional billing approval for OHIO and a Maine involvement.

    Yeah this is hinky. Because of the moratorium they can’t clear for work in a system that marked everyone expired….Can’t recall the exact dates of moratorium or if they required everyone to retest after a certain date. Was it in effect on 9/3 when sample was taken.

    Next WTF are HIV test results good, bad or indifferent being sent via a e-mail…don’t care if the sender is encrypting the receiver is gmail…which is anything but secure or confidential. Doesn’t matter that the body of email makes no reference to test results…attaching the results is major no no.

    Even if PASS required a clean test after 9/3/13 it makes no sense that the results couldn’t be entered and overridden with “expired function” the email states was applied to all participants for the moratorium.

    Doctor ordered the tests but didn’t require the patient to come back in for retesting and begin partner notification by asking them to assemble a list while they waited for retest?

    Labs routinely do direct billing to physicians but it makes no sense that Kulbersh in NC is being billed for services ordered by a Boston doc for a test ordered and drawn in an at this moment undisclosed location.

  11. jilted

    There are a number of different TESTS that postive results need to be reported….AIM used the Roche Amplicor 1.0 then 1.5 test, Neither test was a diagnostic test, but AIM ran the elisa method, and western blot confirmations on EVERY positive PCR test.

    The current test of choice now, the Aptima, i believe is licensed as a diagnostic test, and depending on the state, any positive result, with or without confirmation must be reported.

    There was a time when AIM announced an HIV+, and the county and AHF went into a tizzy because AIM had not reported it yet,,,and that was becuase they results of the western blot confiration had not come back yet. It was all a bit of political grandstanding because at the time the requireent was to report within 30 days(I think,,maybe 7 days) Syphillis tests must be reported within 24 hours.

  12. LurkingReader

    As usual Kernes is ranting and tossing in all kinds of political rhetoric…

    http://www.mikesouth.com/reader-mail/no-sooner-did-i-respond-to-mark-kernes-on-this-very-issue-than-i-read-this-on-avncom-887/

    “As you should well know, AIM doesn’t make any diagnoses; it simply reports what the labs it utilizes report. If a misdiagnosis occurred, the lab is to blame, not AIM — and after 19 years as a court reporter, I can tell you that many, MANY doctors and labs make misdiagnoses. Hopefully, none of them are life-threatening, and certainly a false positive misdiagnosis from AIM’s lab would be better for the industry than a missed negative one. As for AIM’s “bad record”, that’s horseshit; there have been some — as there would be with ANY lab. And as for the PCR-DNA test being “inferior,” it’s not only the best we’ve got for working performers, it catches HIV positives EVERY MONTH before these people even get into the industry, and it’s approved by the county health authorities.

    Now Dammit Mark that’s just plain misdirection, AIM does make diagnosises and so does Dr York, they make the diagnosis with the help of the results from the testing lab. AIM has a long history of misdiagnosis, you know it, and so do I.”

  13. jilted

    AIM did not have a long history of misdiagnosis. Doctors make a diagnosis based on the evidence they have,,,lab tests, xrays, verbal communication with a patient.

    No lab in the world has ever diagnosed a patient.

    Catches HIV positibes every month,,,flat out 100% incorrect.

    AIM was allowed to use the Roche 1.5 because the lab got a waiver from the CDC(and FDA i believe) to use the test as a ‘research’ tool. It cost the lab over $20,000 to validate, and prove competency to run the test as a research tool.

    Labs give results to the doctor, not the patient. The patient may sign a waiver with their DOCTOR to forward the test directly to the patient, via email, snail mail, or verbally. Labs do NOT report to patients.

    Where do you get the history of misdiagnosis from?

  14. MikeSouth

    I know there are a LOT of questions and they will all be followed up there is more coming…some really scary shit.

    To generally answer a few questions yes I have been in contact with this performer and yes I have the persons permission to post this medical data in the form that I did. No the performer did not work but theres more coming on that aspect

  15. gfy

    California law is very clear on the subject of disclosing HIV test results via email: “The electronic delivery of clinical laboratory test results or any other related results for HIV antibody tests are specifically prohibited under [Section 123148 of the Health and Safety Code], regardless of authorization.”

    In regards to disclosing confidential medical information to a third party (i.e. Kink, PASS, or the FSC), California Health and Safety Code Section 120980 states: “Any person who willfully, maliciously, or negligently discloses the results of an HIV test to any third party, except in accordance to a written authorization or as authorized by law, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed one year, or a fine not to exceed $25,000, or both.”

  16. jilted

    Every AIM test used to say “This test is not approved for in vitro diagnostic testing.” It was a research test, a very effective one at that, and every postive result was followed up with an elisa, and complete western blot, the legal tests needed to make a diagnosis.

    It was because of the indidents in 2004, directly because of AIM and their lab(mostly the lab), that the FDA approved the Roche 1.5 kit, in 2005, a test that was already being used around the world, especially for screening donated blood.

    Roched owned the patents on PCR technology, most of which have now run out,,,but not all of them. Roche, and others, still make money off of every single PCR test run worldwide. It doesnt matter who does the tests, Labcorp, Quest, whoever, certain peple stil get paid,,,and that just sticks in the craw of alot of the folks in porn who always tried to get a peice of the action. THere was always just one piece, no sharing.

  17. MikeSouth

    that is correct except yer assuming its a he…that hasnt been said….I do believe this performer is going to come forward though but I made a promise not to out them

  18. gfy

    “Any person who commits any act described above shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate result of the act. Each violation of this section is a separate and actionable offense.”

  19. jilted

    “Written authorization” which must include the name of the person the results are going to,,and the method of delivering those results, That is why the AIM waiver was never worth the paper it was printed on. “Authorized by law” means reporting to health authortied(county or CDC) and giving inforation to insurance companies.

    The lab AIM used back in the day utilized a system called LABDAT..It was the very first HIPPA approved internet reporting system. I do believe that section 123148 has been ammended to accoodate new technology.

    This is also why a producer can get nailed when they include the test results in the package of information, including 2257 documents, when they sell their content

  20. jilted

    Like every single time someone accessed a test result on Labdat!!!! that is why AIM had producers sign an agreement that held the producer responsible for any misuse of the system….And then those agreements DISAPPEARED along with ALL of AIMs records, including every single medical record of every person who ever tested at AIM. The judge ruled the records were “willfully and intentionally” destroyed. Imagine what someone could do with copies of those indemnity agreements signed by producers? Hmmmm.

  21. LurkingReader

    @jilted

    After doing tons of research I understand why they use the APTIMA…early detection..it finds and measures the amount of virus particles before the body makes antibodies, so they can find new infections even before or during the time the patient is experiencing easily dismissed flu like symptoms.

    FDA approved as a “diagnostic screening” test but must also be confirmed with Antibody testing via WB or ELISA for a definitive diagnosis. As I understand it, approving the APTIMA gave docs a chance to start treating without waiting up to six months for the positive antibody tests & ended the confusion of using the same processes for “viral load” testing to “diagnostically screen”

    What I find interesting is all the debates about test accuracy..all of these test processes have been proven “accurate” for their purpose.

  22. LurkingReader

    @jilted…sorry I copied beyond the part where Kernes said AIM didn’t diagnose.

    My only comment on this was Kernes ranting political propaganda. And like you my eyes popped open at …keeps people out every month..like where is the LACPH stuff to document this because the labs had to report even if AIM didn’t diagnose.

    I’m more wondering if this was the stuff he spewed in defense just what were and are the FSC goals? It isn’t a secret that a performer with HepC remained active for three years because HepC wasn’t part of the testing protocol…neither is chancroid (sp?) which isn’t common in the US…so if a foreign performer had this they could just pass the current test protocol and everyone keeps mum about the nasty shit?

  23. LurkingReader

    @jilted

    As this proves “off label” use isn’t a bad thing and often leads to good stuff once the research data is completed.

    Can’t say how hard I laughed my ass off when uncle peg and his cronies tried to shut me down by saying that the research process of running ELISA on every test was still in practice. The truth is the ELISA is only run on “reactive” results…initially to rule out a false positive, if ELISA is also positive it is presumed to be true, if it is negative fresh samples are taken for diagnostic purposes.

  24. LurkingReader

    Ohio has similarly worded regulations which is why I asked where this test was performed. Haven’t seen anything that says California, the doc is registered in MA and has Ohio and Maine activity on her physician ID number.

  25. Lacey Blake

    You better not out them or Kulich will tell everyone about your facialabuse.com account. Although, he may offer you a large sum of money in the process…
    Tough decision ya got there… Choose wisely. 😉

  26. LurkingReader

    @lacey

    Damn..that would be a tough choice…if he were to take up the offer kazoo is gonna say he is a broke ass hillbilly and lied for the “inches” performance bonus just to get extra cash, and ya know uncle peg is gonna write up a foolish “factual” rebuttal linked in incessant tweets 😉

  27. LurkingReader

    Did a search for “FPK services” I’m confused…”Also, regardless of if you are positive or not in any of your testing with us, we will not provide your information to anyone. Yes that includes health care providers, insurance companies, or any other person in that matter.”

    WTF? sure looks like that email says the moratorium prevented them from entering info….wouldn’t entering pass/fail into PASS count as providing info?

    Under a few highlights…”Your results will not be put into your permanent medical file or be sent to any insurance company. We will also NEVER release your billing information to any third parties.”

    I’m not assuming this patient tested in CA just because of the kink association…but clearly this network of 4000 providers is full of shit on their “about us” page. Not only do they enter data into the PASS system but they have this patients info going to a third party (khs 05) who can do whatever they want with it…hinkey shit happening here.

  28. erik2690

    Is Kulbersh the Yellow King? You imply quite a bit of conspiracy within the post about the guy. You seem to think he is some mastermind at the center of corruption.

  29. Lacey Blake

    You may have just answered why a 3rd party health clinic in another state would be paying for performer testing… in order to have access to performer test results… ??

    I wonder if any other doctors on the “advisory board” are paying for performer testing?

    It’s almost as if kink doesn’t trust the PASS system so they use this doctor to “verify” results from across the country for each performer and have Kink, etc. possibly reimburse him for all testing costs… or something.. I don’t know anymore… ???
    I do know it’s fucking strange. That I DO know…..

  30. APerformerAndProducer

    To act like this is a conspiracy on the part of FSC is a misunderstanding of how testing works when a performer doesn’t live in California.

    I live in another state, where I get tested before I come to CA to shoot. I pay for my test through STDStatus and go to a Labcorp facility to give my blood & urine sample.

    In response to your question, Mike, “why is all of Kinks testing being run through and billed by a clinic on the other side of the Continent in Irmo, South Carolina?” Because the location you get the test is what shows on the paperwork. Mine always shows my home state and city because that’s where the sample is collected and analyzed.

    FPK Services is what’s listed on my credit card statement and where the emails come from, presumably it is the parent company of STDStatus.

    In response to this question, “why The FSC and PASS withheld this info, made no effort at all to contact this performer for further testing and an exposure list. Why wasn’t the info updated in PASS?”

    When you pay for a test through STDStatus, it does NOT require you enter your PASS/APHSS ID #. It is optional. Meaning anyone off the street could order a performer test for their own purposes. There was a time I couldn’t find my ID #, but the person I was working with only wanted to see my paperwork and didn’t care it wasn’t listed in the database. They saw my results with their own eyes and that sufficed. If one does not submit their ID #, it will not get reported to the system.

    If it isn’t reported to the system, FSC and PASS have no way of knowing whether a performer has a clear test or not. But also when its not reported, they wouldn’t be cleared for work in the database. It would appear as if they never got a test in the first place.

    If anything, there’s a fault in the STDStatus system – which I think should require entering the PASS ID # in order to purchase the test. And a failure of the performer to take the extra step and enter her #. Honestly, it is a little confusing because PASS and STDStatus aren’t exactly integrated online, its two separate websites where one registers.

    If she did fail to enter her PASS ID #, I have to wonder if she’s a new or relatively inexperienced performer because if one is used to it, they would probably know its necessary to enter her #. Which might indicate there was minimal contact within the industry and minimal risk to the rest of performers – but of course we have no way of knowing that, just a hunch.

  31. MikeSouth

    to answer your questions as best i can this performer IS in Cali not SC it seems that ALL of Kinks STD tests (Kink pays for them) are run through this KHS in Irmo SC

    I cant speak for the performer so I wont but I do think the performer gave his/her PASS Id number because they has previous tests in the system and this test was in order to work for Kink.

  32. LurkingReader

    Uhh didn’t answer anything for me…just confused me more.

    Why is stdalert charging the patient via creditcard for full test amount then having the testing billed through doctors who were no where near the facility that ran the test. Doesn’t make sense…if they are contracting directly with the labs for testing services they get the bill, if they are additionally contracting with docs for telemedicine they pay the docs…what they charge for tests would include a third overhead for their coordination and administrative costs.

    They advertise that your results are private and won’t become a part of your medical record…so okay stdalert isn’t keeping a record but LabCorp sure as hell is and then you have not one but two docs listed to get the info….I would think this only applies to positive results until I found negative results reported the same way on scribd.

    Like I said…just more and more hinkey and confusing.

  33. LurkingReader

    Ooooh….no shit?

    So kink directs the performer to go to LabCorp location…is it a specific location or can they go to any PASS approved provider?

    This at least explains why KHS could be listed but doesn’t explain stdalert FPK services involvement….still hinkey third and fourth party shit happening here…looking a whole lot like corporate three card monte.

  34. LurkingReader

    @Mike

    So a Boston doc (NPI updated within the last month) provides telemedicine to order the test and it gets billed to Kulbersh in SC for LA based Kink.com and provides PASS entry for FSC where Kulbersh is an advisory board member?

    Roflmao…anyone who tried to call me nuts for saying the FSC is using PASS as a revenue stream is gonna either have to eat humble pie or start ponying up written proof that it ain’t so.

  35. LurkingReader

    Unless stdalert only served the PASS participants what would they do with all the non-porn folks who use stdalert FPK services?

    The problem isn’t with the absence of a PASS ID..the problem is the whole PASS system being set up to invite abuses. Shared producer passwords, un entered test data for participants, and override abilities at the FSC…the controller of what info gets released. Any administrator able to do a system expiry for every record can also mess with individual records on most databases.

  36. erik2690

    Is the implication that this + test was covered up and that this performer could have infected more based on the cover up? If so, can someone explain to me how this helps FSC, PASS or porn in general. If they are sweeping it under the rug and endangering, why? Are they playing odds that it won’t cause an outbreak? If the danger of this case is high, it doesn’t make sense for them to risk it. I get that you find these organizations incompetent, but it just doesn’t add up to me. The possibility of an outbreak is much more damaging than this 1 positive. Also, why cover this up, but not other positive tests. Or is it not really a “cover up”, but just incompetence?

  37. MikeSouth

    I dont know if it was covered up or sheer incompetence…either way you have to wonder if this was the first time…Id bet not.

    Couls the performer have infected others…given how this played out es but theres more to that part of the story coming.

    The danger here is that for whatever reason the system failed when it clearly shouldnt have whether its deliberate or just incompetence it could cause someone to get HIV.

    More vividly to me it really illustrates why the FSC should NOT be involved in testing performers

  38. jilted

    Actually Whiteacre was not completely wrong…..Healthline Labs merged with Westcliff lab, and took on the name westcliff…Westcliff was then purchased by labcorp, and did business as Labwest. Labwest did not have the waiver that the old Healthline to run the PCR as a research test, so, they were, for a time required to run an elisa as a parallel test, That parallel test was not individually reported, but it was used in the clinical evaluation of the pcr result.

    you might wonder how whiteacre knew this, that is because I told him. I love how Whiteacre loves to cite many of the things I have told him over the years, but his memory is very selective, and he never mentions several of the things we have talked about.

    A few years ago there was a bit of a scandal when these guys hacked AHF emails, and printed some of my emails with Brian Chase and whitney cordova.,,,,The funniest thing is they didnt print them all, because they would never want some of the things in those emails to go public….They made out like they had all this damming information, when in fact they never printed the most dammin ones of all. Maybe one day I will release them, along with the note that these have been in the hackers hands for years,,and these guys have known all of this for years and said nothing. )Hep C anybody?)

    They no longer run the parallel tests. Havent for some time now/

  39. jilted

    Mike, did this performer work in the immediate days or weeks before testing positive? How long before this test was her most recent previous test>

  40. Lacey Blake

    STDStatus and Statusalert.com.
    Are they the same company or affiliated in any way?

    Obviously, Statusalert.com knew the performer was PASS if they sent an email informing of the moratorium and that all tests are now expired and you will be listed as unavailable.

    So, is Statusalert.com affiliated with STDStatus?

  41. LurkingReader

    @jilted

    In December 2013 uncle pegs rebuttals were dead fucking wrong! He tried to shut down the truth that APTIMA doesn’t and can’t determine the presence of antibodies the same way the ELISA &WB aren’t used to find viral particles…he and other FSC trained dogs were posting crap about how it would be impossible for someone with HIV antibodies to pass an APTIMA because every test has the unreported ELISA run along side it…even if a clinic here or there is required to run parallel testing to meet clia guidelines for calibration, accuracy or research trials….it is not standard nor a part of the FDA approved process for the APTIMA HIV-1 to run these “un reported” tests…it actually would defeat the purpose of why the APTIMA process was approved.

    Bottom line…it is unlikely but not impossible for people with treated HIV to pass the APTIMA HIV-1 …while it would be impossible for someone with treated HIV even with undetectable viral particles to pass an ELISA or WB antibody test.

  42. LurkingReader

    It is amusing to see the one side presented as truth….or proof…especially when they think free speech allows them to post illegally acquired documents to back it up.

    Are you hinting that people knew about specific performers working with HepC via hacked emails?

  43. Lacey Blake

    Verify this for me because my brain is really tired and I’m not even sure this is going to make sense?

    Performer goes to Draw Station (Performer pays for draw, clinic & lab fees).
    Draw station sends sample to Lab. (Draw station pays lab with performer funds)
    Lab performs required tests.
    Lab sends referring MD test results.
    MD goes over test results with performer.
    Draw station/MD update PASS eligibility.

    Is the remotely correct?

    So, where does a doctor from South Carolina fit into this and who exactly is paying him for his services? It seems to be kink, but what exactly is his purpose? It seems like his only job is to get billed from the lab and, I guess, he’s the MD who receives the test results? Does he call an infected patient on the phone to let them know the results? Is every aspect handled through email?

    Let me try to do the same routine with this situation and see where it goes…
    Performer goes to draw station (Kink pays directly??? I have no idea on this one?)
    Draw station sends sample to lab
    Lab performs required tests.
    Lab sends results to Le Thu, MD.
    Lab also sends results to khs05 who is the billable party.
    khs05 pays the lab.
    Kink then pays khs05.
    Who notifies the performer of their test results? Le Thu, MD? I’m sure she gets the test results, correct?
    (Obviously, it seems khs05 or statusalert.com notifies the performer via e-mail and updates the PASS system, but what if a performer wants to talk to an MD in person… who do they talk to? Is one set of results going to Le Thu, MD for patient consult, if needed and another set going to khs05 for test result notification and PASS purposes?

    Why is khs05 even involved in this? Why not just bill Kink directly if they’re the ones who are paying? Is khs05 aka STDStatus aka STDalert.com aka Dr. Kulbersh considered the referring physician?

    This shit would be like 1000× easier if we could omit the medical info. and just focus on the money trail… that would be great. Thanks.
    I’ll just wait over here until the financial transactions come up… hahaha. 😉

  44. erik2690

    I’m still not really understanding the why of a cover up scenario? They have revealed and moratoriumed positive tests before, why not with this one? Also, isn’t an outbreak way worse PR than a positive test? It just doesn’t make sense for them to cover it up? It would be nice to have some ballpark stats on how many scenes this person had done, etc. To get an idea if they were a big name, at the least it applies to how fast spread could happen.

  45. Lacey Blake

    The worse PR is to issue a moratorium for 1 positive performer and then have another performer come forward as positive and have those PASS performers linked to one another as working together “on set.”

    Remember, “there have been no HIV transmissions ON SET since 2004.”
    It is imperative for them to uphold that unverifiable slogan at all costs.

    This is not to say there was some “cover-up.” Fuck if I know, but I’m willing to assume once that moratorium is called then all bets are off…. you’re on your own.
    All it really shows is how unbelievably easy it is to manipulate the testing system to meet the needs of the industry. It sounds really good on the surface until you look below and get an idea of exactly how it works and how easy it is to manipulate by using various methods to release good information and then use medical and/or legal laws to hide behind when questioned about the validity of information released.

  46. Lacey Blake

    Oh, to the last part of your comment –
    It’s rather irrelevant at this point unless the performer was still working which doesn’t seem to be the case.

    If this positive performer had infected others then they would have found out during their next test. There’s nothing that can physically be done at this point except to gain knowledge and try to prevent it from happening again…

  47. Lacey Blake

    I have to say the only reason I made that joke is because I know, for a fact, that Mike wouldn’t “out” anyone if they asked him not to and there wasn’t some sort of imminent danger involved.

  48. mharris127

    This is scary if it is as the source reported. If this is true the FSC needs to be tossed out on their asses and another entity created that does not report directly to producers — whether the transmission of HIV happened on set or not.

    As for receiving results in an e-mail, if the patient requests that in writing I don’t see anything wrong with it. With the doctor in another state 1500 miles away the results by mail or e-mail along with a phone call to the patient is probably the best that can be done. I receive my lab results by snail mail every time with an appointment time and a phone call from my doctor if I need to be seen. However, it is interesting that this person evidently has tested all across the country (California, North Carolina and Arizona). It makes me wonder if he/she was an escort of some kind, especially with the North Carolina test — not much porn made there. I don’t mean to be crude and uncaring with that assessment but if he/she was infected by a john (and not on a porn set) than there isn’t as much that went wrong here other than the moratorium should have been extended an additional week and any porn partners not already on the first/second/third level exposure list should have been retested (with the test evidently paid for by Kink that could have been substantial). If it can somehow be determined that he/she was infected on a porn set than all hell is about to break loose with this incident getting out in the open.

    Thank you Mike for reporting on this. It is definitely something that the Kazoo, AVN or XBIZ would not have the balls to report fairly. You may be receiving some calls from mainstream media on this one, I hope they don’t fuck it up when they report this issue to the general public.

  49. jilted

    Draw station is run by the lab, in this case labcorp. Doctor to whom the results are sent updates PASS.

    The lab only sends results to the doctor who ordered the test. Patient may sign a document that allows the result to be directly emailed to him/her,,,,but it is basicly the DOCTOR forwarding the result to the patient, not the lab.

  50. jilted

    But only those I have recieved permission from to discuss their cases. I am not stupid enough to name names of those I did not have permission from.

  51. jilted

    Lacey gets a gold star,,,,release good information( or false information that makes the industry look good, because privacy laws prohibit proving these falsehoods) and hide behind HIPPA when questioned about the validity of the information” Lacey just summed it up in a nutshell, they can say what ever the fuck they want because the law prohibits you from accessing the real information.

    This is exactly why the entity that represents the interests of the producers has to be taken out of the performer medical equation. ONLY IN PORN do you have a group of people who are in no way in any danger of catching any disease in charge of the program that oversees the people who are in danger.

  52. Toby

    The location of the lab doesn’t mean that’s where the draw station was located. You can’t draw any conclusions on the location of the patient/performer from that information. Mike posted in a comment above, “…this performer IS in Cali not SC…”.

  53. jilted

    These online testing places just use the nationwide labs for their reference work. Most states require that a licensed physician in that state order the tests. Labocopr has draw stations, and full service labs all over the nation. Thousands of draw stations, and probably about a few dozen full working labs. With large labs like Labcrap,,,oops, Labcorp, some locations dont do specific test. Look at this result closely, and you will see three different locations where tests were performed. Not all Labcorp laboratories have PCR facilities, so the samples are sent to the nearest one that does, This is routine procedure. It is mandatory that the location of where the test was performed to appear on the result, along with the name of the director of that specific facility.

    Ask the right questions, get the right answers. Toby is correct, a few posts here are making much ado about irrelevant aspects of this story.

  54. Lacey Blake

    So, why are there 2 doctors involved and why is Dr. Kulbersch getting the test results and notifying patient/updating PASS results if Dr. Thu, MD is the one who seems to have ordered the test.

    I think I’m just confused as to why test results are being sent to khs05 if they didn’t order the test, but Dr. Le Thu did??

    I’m so confused on why exactly Dr. Le Thu would be listed as MD, but an entirely different company is notifying patient of results?

  55. jilted

    There is no reference of any kind in these documents regarding billing or who paid for the tests…….

    When they say Kink pays for tests,,,it just MIGHT be that Kink reimburses the performer for the test.

    These would be simple follow up questions for the performer to answer him/herself. Did you pay for the test online when you made the arrangements to be tested,,,,did you pay at the draw station location, were you reimbursed by Kink, or anybody else.

    A “draw station” or Patient Service Center is part of the LAB..In this case the PSC is owned by Labcorp. The phlebotomist who draws your blood is a Labcorp employee. Some clinics will have a LAB employee inside the clinic,in a seperate room that the lab RENTS from the clinic.

    Lets stay focused on the REAL issues here,,,,,
    1 Performer went to PASS approved testing facility and tested positive.
    2. Patient was notified by email, with no MEDICAL follow up from facility(according to the patient, as I understan what is written here)
    3. PASS either did not get notified, or did get notified and made no statement regarding anything, instituted no moratorium, and made no statements in any way similar to the statements they made regarding other HIV postive performers.
    4, At the time this person tested everyone was being listed as not available on PASS.
    5 What is the Stdstatus protocol(PROTOCOL) for when a performer tests positive,, who do they notify, how do they notify, and do they notify any third party in any way,,,this is a very important question, and without this answer we will never know if the protocol was followed or not. Without these answers EVERYTHING is specualtion, and specualtion helps no one,,,,,the FACT that the FSC will never fully explain their protocols, even to performers who have every right to know, is the problem,,,,,and is exactly why the FSC needs to be removed from the equation

    Who paid STD status,,,and STD alert are not the issue. What the physician who ordered the test did or didnt do IS an issue.

    I am more inclined to think it is total incompetence, and not a conspiracy here.

  56. Lacey Blake

    Wouldn’t they be required to notify local health dept./CDC? I don’t fucking know where because the blood was drawn somewhere and the lab is somewhere else and the test results go somewhere else to someone who informs the patient of their test results and, if positive, is supposed to follow up with the patient and the PASS system is thrown in there as well where the FSC has a responsibility and kink is involved because the performer is going to work for them and they supposedly pay for the test but maybe the performer pays for the test and then gets reimbursed for the test and fucking Kulbersh is thrown in there as an FSC medical board member who is listed or getting billed on patient test results from other states and the performers just sitting there going “It says positive, now what the fuck am I supposed to do?”

    Make sense? Not even close.
    I agree the protocols need to be addressed, but there is more to this than just protocols and I would be willing to bet money is somewhere in there as well….

  57. Lacey Blake

    A “draw station” or Patient Service Center is part of the LAB..In this case the PSC is owned by Labcorp. The phlebotomist who draws your blood is a Labcorp employee. Some clinics will have a LAB employee inside the clinic,in a seperate room that the lab RENTS from the clinic.

    I understand this, but who exactly ORDERS the tests? Or, who is the DOCTOR who notifies the patient of test results?
    I think what I’m trying to understand is WHO was required to follow up with this patient other than an email with some HIV+ test results attached?

  58. jilted

    The online testing world is a bit convoluted….Some states require a doctor in that state to order the test…Some of these online places have hundreds of affiliated doctors,,some just a few.

    In this case, it appears to me that Kulbrish is somehow connceted to STDStatus.com, I may be wrong on that….and Le, the physician named on the test may also be affiliated with kulbrish,,,,

    Le, the doctor named on the test bears the legal resonsibilities. FSC bearn no legal resonsibility to notify anybody of anything regarding a patients test results,,,just one of the many reasons FSC needs to be removed from the equation, they have no legal responsibilty to do anything, therefore no accountabiltyto anyone except those that fund them, that is, producers.

  59. jilted

    Stdstatus,,,Stdalert,,,Fkpservices…..they are all the same company. I suspect that Kulbrish(or whatever his name is) I susect KHS owns these entities. I may be wrong, but it would answer a few questions.

    When you call any of the phone numbers listed on the contact page of each of these websites they will not tell you who owns the company.

    Maybe someone who knows how to access business records or licenses can find out…..it appears on one of these sites that they have a headquarters in Texas/.

  60. jilted

    Too bad there is no way to put the blame on CET or TTS with this one. I wonder if stdaltert offers :loyalty coupons; LOL

  61. LurkingReader

    Conspiracy defined “a secret plan by a group to do something unlawful or harmful.
    “a conspiracy to destroy the government”
    synonyms: plot, scheme, plan, machination, ploy, trick, ruse, subterfuge;”

    Yeah I’m gonna call the FSC administered PASS in totality a conspiracy.

    1. It is intended to skirt government regulatory interventions.
    2. It replaces AIM which not once but twice had huge outstanding balances with their labs, on top of HIPPA violations, an unlicensed provider acting as a physician…self quoted as sewing up assholes daily.
    3. It on the whole is designed for performers to pick up the tab for what the government regulations say producers are responsible for.
    4. FSC charges producers a look see fee. (AIM charged 2.49 per test to look into their records per Sharon Mitchell quoted in the daily mail or guardian and elsewhere) making it a revenue stream for the FSC
    5. Trade groups that offer a database for their members use do this as part of the membership fee. PASS like APHSS before it is undoubtedly set up as a subsidiary non-profit as part of a three card monte to skirt taxation on business income.
    6. One of the advisors to this program is listed as the c/o for the ordering physicians on six other test documents available to the world at large (and is listed more discretely as KHS 05 above) this means the bullshit on the websites about HIPPA and privacy for these 4000 providers is equivalent to Diane Duke spouting..we care about performer safety)
    A. The 4000 approved providers can be found at samedaytest.com, stdalert, FPKservices and other names used as part of three card monte.
    B. All of them offer the same services via the same providers
    C. You the patient are guaranteed privacy on the web page…but give up that right when you enter your PASS ID
    D. HIV results good or bad are not allowed to be emailed yet they offer this service. This isn’t about patient care…it’s about an industry trying to cover its ass.
    E. Positive std results come with a physician consultation …they don’t say you have to call, only that you can consult with a doc IF your test is positive.
    F. If you call the consulting doc will prescribe meds for most stds
    G. So unless you call who says the doc even saw your results?
    H.can go on….but will get back to this specific as proof of skirting government.

    6. California patient is tested in California
    Boston doc is listed as a Care of KHS 05 which is Kulbersh in NC who also acts as advisor to the FSC PASS program…hmmm
    A. We assume the lab reported
    B. Patient emailed positive HIV results as an attachment
    C. Patient can consult with a doc by telemedicine IF they choose as part of privacy
    D. A moratorium called three days after their initial test date stops them from entering a positive result…hmmm so these FSC approved providers not allowed to enter the EXACT information the FSC says they are looking for.
    E. What a fucking racket…

  62. LurkingReader

    @lacey

    According to the websites…the patient is required to follow up…which explains why this patient didn’t get a call…patient driven services 🙂

    Your records won’t be kept in a permanent record 🙂 so via this telemedicine scheme the doc has no patient file and doesn’t have to include the data in monthly reports of their files.

  63. LurkingReader

    Lol…the FSC accepts performer members and are legally accountable to their membership.

    Another little tid bit….by seeking and accepting lower taxation via non-profit status in CA and the US via IRS…they are accountable to any and every tax payer which is why they are required to file public financial documents.

    Privacy is a right…they gave up when they sought preferential treatment of their fiscal relationships.

  64. LurkingReader

    @ jilted

    Yep…now do a simple address search and see the scam company that was headed by the same individual listed for FPK.

  65. Lacey Blake

    Understood. That still leaves the question of: why is khs05/Kulbresh listed anywhere on these documents… there’s money transactions included in this whole thing. Never forget that.

    This entire thing revolves around the patient, Dr. Le and Kink.
    Where does khs05/Kulbresh even fit into the equation and for what exact purpose?
    The only thing that would make sense is if Dr. Le was affiliated with khs05/Kulbresh and was paid by him, but it seems that Dr. Le is in an entirely different state…

    In regards to money, I find it extremely hard to believe this whole entire process goes on and then kink just issues a check to khs05/Kulbresh to cover all costs….

  66. jilted

    When I seach the rockley rd adress it just shows an industrial park, Not sure what youre referring to here lurk. Can you provide the details of what youre talking about here?

  67. jilted

    If you look at the test provided: in the top row there is a box that says “Account Number” and it is blacked out,,,,,that refers to the account nuber that KHS has with LABCORP.(who ever blacked out the paper probably thought it refered to the patient in some way)

    Right below that is a box that says Account Adress,,and that give the adress for KHS. The Dr. Le listed on the account is affiliated in some way with KHS,,he may be an employee of KHS,,,many clinics employ more than one doctor.

    All doctors and clinics set up accounts with labs, so the lab knows where to send the result.

    Have you ever gone to the doctor, and they give you the paper to take to the lab,,,,,often a lab will customize those order papers, called requisition slips, for a clinic,,,and have multipe doctors listed on the slip,,,and the office just checks the box for the individual doctor who is seeing that particular patient.

    Often times a certain doctor might only work at a clinic one or two days a week. THere is NOTHING unusual about another doctor at a clinic reviewing lab results when the other doctor is not in on that day.

    Now, the notifying of this patient of a positve HIV result by email with no follow up is a completely different matter,,,,and that is the issue here,,,not who paid for what,,,,which name is on the report

  68. LurkingReader

    Stdcheck.com media relations

    Trying to find where I linked them to the others beyond the similar services. I think it was FPK services

  69. jilted

    If you to to stdstatus.com it headlines with performer testing. Go to the bottom of that home page and it says “for the general public” to to stdcheck.com,,,,,,these are all the same company. The question is, who owns them?

  70. LurkingReader

    That’s the question….its part of the intentional games and played like three card monte 🙂

  71. RiccoMarin

    All Gawd, What a fucking joke. They really know how to keep fucking themselves in the ass that porn industry. Why not still using crossover talent to fuck the girls. Why don’t somebody just get HIV+ and give us all something to really laugh and discuss. That’s all really what goes on for news in porn today. Next

  72. LurkingReader

    I’m not understanding the why of all erik2690 posts repeatedly challenging any post even remotely seeming to challenge anything.

  73. Lacey Blake

    STDstatus.com seems to be a (I think?) subsidiary of STDcheck.com focusing primarily on the adult industry.

    Fiyyaz Pirani, founder and CEO of STDcheck.com
    He seems to be the CEO as of October 2013……….

    Contact:

    STDcheck.com
    Media Contact:
    Fiyyaz Pirani, 832-922-3115
    President
    fiyyazp@ stdcheck.com
    www. STDcheck.com

  74. LurkingReader

    Yes it’s a subsidiary, shell or additional web presence..take your pick.

    Going to stdstatus.com it was interesting to see the producer sign up that even asks for logo…hmm how about that…guess they use those for some internal billing thing 😉

    Click on affiliate program at stdstatus brings you to Stdcheck.com and hello you got Houston TX and a phone number linked to FPK services

    Even better the number also links to car services, import export and lots of other goodies too….roflmao…usually folks are smart enough to do blind call forwarding for their shells

  75. Jaisy

    Corporationwiki.com shows Fiyyaz Pirani as the director of FPK Services. Two other names are/were associated with FPK. They are Angeli Arjunani and Nazmudin Keshwani.

  76. Lacey Blake

    So, FPK services has some kind of ownership/affiliation with STDcheck.com (a PASS provider) who is then owned by STDstatus.com (for the general public.)

    And, FPK services is owned by Kulbresh who is an FSC medical board member. FPK services also seems to be directly affiliated with kink performer testing as well as others…

    Am I understanding this correctly?

  77. LurkingReader

    Nope…kulbersh isn’t listed as an owner or principal of FPK where all these lead back to…that prize belongs to Fiyyaz Pirani (sp) who is a gem in himself scamming folks out of 34 bucks for replacement SS cards…who knows maybe he is selling their info…next he scams people for inferior or non-delivery of laptop adapters via an import export company…and get this…he only in his twenties…

  78. LurkingReader

    At this point all I. Able to come up with is that these docs names listed as the ordering physicians have all had the tests they ordered sent care of kulbersh and/or KHS05 who has the account with LabCorp and quest for billing purposes so it would seem these telemedicine docs are affiliated with kulbersh who is the on the FSC medical advisory board.

  79. LurkingReader

    @jaisy

    An actual link between the two names. It’s interesting that Kulbersh has over 25 domains attached to his name.

    Birthcontrolemergency.com & treatmyinfection.com both go to 521 OakBrook Dr. Columbia which is also listed for Kulbershwomenscenter.com

  80. gfy

    FPK Services, lol. I’m not a smart man, but it appears to me that FPK stands for Fiyyaz Pirani Kulbersh.

  81. LurkingReader

    Would make sense since this fiyyaz pirani seems to like throwing his name around ..he’d probably want it first. Can’t see this under thirty year old with as the mover though, this stuff started when he was probably still in high-school.

  82. mharris127

    The provision of Social Security cards for $34 is definitely a scam. The Social Security Administration provides this service direct for FREE up to ten in a lifetime. Makes me wonder if his medical lab business is on the up and up or if all positive results for VD (take your pick on which one) get “referred” to a doctor network that he profits from.

  83. mharris127

    Both of these addresses show up as being parked by GoDaddy. Makes me wonder (since Lurking’s comment leads me to believe they were very recently active) if Kulbersh is attempting to cut and run from this issue.

  84. LurkingReader

    Lol not surprised to hear that they had daddy park their sites…which just lets you know that they have something to hide.

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