there goes HIPAA (Read 2732 times)

ren

Deeds Not Words

tillamook

Re: there goes HIPAA
« Reply #1 on: August 06, 2020, 08:19:05 AM »
HIPAA does not really apply to non-healthcare private businesses reporting positive cases that they know about.   

And there are already exceptions for reporting dangerous infectious diseases to the state.  I have a list of 35 infectious diseases on a form right next to me that I am legally required to report to the state immediately even if it is against the wishes of the patient.  Stuff like measles, tuberculosis  and small pox.    You can probably imagine the issues that would occur if I could not report an active tuberculosis case to the state because the patient wanted their privacy and then they proceed to go to a big family party and start spreading around multidrug resistant tuberculosis.   That is unless you want to make Molokai a leper colony again. 

ren

Re: there goes HIPAA
« Reply #2 on: August 06, 2020, 08:46:07 AM »
I understand the consequences but why stop at diseases.
How about reporting on employees who are convicted child predators? Any employee that has been convicted of assault because the other day I saw a Times employee challenge a customer to a fight. I understand that employers want to be more proactive in the Covid afforts but they shouldn't be required to disclose on their employees health conditions.
In regards to healthcare professionals like yourself that are mandated to disclose, I am assuming that the information is kept anonymous? ANd is for mapping purposes and surveillance.

Can you see how govt can and most likely will abuse this mandate /law?
Deeds Not Words

tillamook

Re: there goes HIPAA
« Reply #3 on: August 06, 2020, 09:11:28 AM »
I understand the consequences but why stop at diseases.
How about reporting on employees who are convicted child predators? Any employee that has been convicted of assault because the other day I saw a Times employee challenge a customer to a fight. I understand that employers want to be more proactive in the Covid afforts but they shouldn't be required to disclose on their employees health conditions.
In regards to healthcare professionals like yourself that are mandated to disclose, I am assuming that the information is kept anonymous? ANd is for mapping purposes and surveillance.

Can you see how govt can and most likely will abuse this mandate /law?

Oh yeah, there is abuse everywhere.  The whole reason we have HIPAA is because an oncology clinic was selling their patient contact information to a drug company who would direct market antidepressants to the cancer patients. 

I dont share any patient medical information with employers unless I have to on a FMLA leave form.  The resorts are particularly bad employers on the islands and will use any information against their employees.  I've had to threaten a few of them legally in order to protect patients. 

But if for some reason a private business is doing covid testing or knows the covid results of their workers HIPAA is not going to cover that as a breach of privacy.   

Reported infections to the state are supposed to be kept private but all the patient's information is sent to them.  Often the lab will send them the results before we even know them.  So just like the state reviewing medical records for gun permits, its all about how much you trust them (me, very little).   The department of health has shown their incompetency in this pandemic.  But they seem to keep patient information private

ren

Re: there goes HIPAA
« Reply #4 on: August 06, 2020, 10:01:18 AM »
So what does a consumer do with that information of a worker infected with COVID19? They will likely avoid that business.
The slippery slope is that govt. would want to expand this mandatory reporting to households. Would you like to know which homes in your area have COVID19 infected people? We already know where the sex offenders are - you know for "public safety".
Deeds Not Words

tillamook

Re: there goes HIPAA
« Reply #5 on: August 06, 2020, 10:36:49 AM »
So what does a consumer do with that information of a worker infected with COVID19? They will likely avoid that business.
The slippery slope is that govt. would want to expand this mandatory reporting to households. Would you like to know which homes in your area have COVID19 infected people? We already know where the sex offenders are - you know for "public safety".

Yes it can be a slippery slope.  Like I said, I dont trust the state or the DOH.   

But I would avoid the business if they had a bunch of covid positive workers.   I have a 340% chance of getting covid being a healthcare worker (even with PPE) and my statistical risk of dying from it is 10-15% because of my medical issues and age.  Its probably higher because I live on the Big Island which lacks doctors including the specialists who are best to treat covid.   We have one pulmonologist on the island and he isnt running the ICU in my hospital. 

 Boy if I had a 10% chance of dying if I went to home depot today I would sure as hell not go to home depot today.  I dont give a crap if that ruins their quarterly numbers.  Of course I would want to know if a business has a high chance of killing me.   

I already assume everyone around me has Covid, I dont need to know which houses have it.   But that's a bit hyperbole I think.  They are not going to start labeling houses with who has Covid.  The department of health is so incompetent that they cant answer the phone when I call.   To think of them actually having the ability to do that level of patient tracing and identification is absurd.   I suspect they have trouble even putting their pants on in the morning.  I should not have to call my state representative to get him to call the governor to get them to call the department of health leadership just to get them to do contact tracing on a family who's family member tested positive 3 days ago.  But that's what I had to do.   My dog could run the DOH better. 


Bota-CS1

Re: there goes HIPAA
« Reply #6 on: August 06, 2020, 11:40:57 AM »
HIPAA does not really apply to non-healthcare private businesses reporting positive cases that they know about.   

And there are already exceptions for reporting dangerous infectious diseases to the state.  I have a list of 35 infectious diseases on a form right next to me that I am legally required to report to the state immediately even if it is against the wishes of the patient.  Stuff like measles, tuberculosis  and small pox.    You can probably imagine the issues that would occur if I could not report an active tuberculosis case to the state because the patient wanted their privacy and then they proceed to go to a big family party and start spreading around multidrug resistant tuberculosis.   That is unless you want to make Molokai a leper colony again.

My list includes:

36) People who kiss their cats on the lips
37) People who think magazine restrictions save lives during an active shooter event.
No one is coming, it’s up to us.

Legislation should never be about depriving law abiding citizens of something, but rather taking those things away from criminals.

Bota-CS1

Re: there goes HIPAA
« Reply #7 on: August 06, 2020, 11:46:27 AM »
Yes it can be a slippery slope.  Like I said, I dont trust the state or the DOH.   

But I would avoid the business if they had a bunch of covid positive workers.   I have a 340% chance of getting covid being a healthcare worker (even with PPE) and my statistical risk of dying from it is 10-15% because of my medical issues and age.  Its probably higher because I live on the Big Island which lacks doctors including the specialists who are best to treat covid.   We have one pulmonologist on the island and he isnt running the ICU in my hospital. 

 Boy if I had a 10% chance of dying if I went to home depot today I would sure as hell not go to home depot today.  I dont give a crap if that ruins their quarterly numbers.  Of course I would want to know if a business has a high chance of killing me.   

I already assume everyone around me has Covid, I dont need to know which houses have it.   But that's a bit hyperbole I think.  They are not going to start labeling houses with who has Covid.  The department of health is so incompetent that they cant answer the phone when I call.   To think of them actually having the ability to do that level of patient tracing and identification is absurd.   I suspect they have trouble even putting their pants on in the morning.  I should not have to call my state representative to get him to call the governor to get them to call the department of health leadership just to get them to do contact tracing on a family who's family member tested positive 3 days ago.  But that's what I had to do.   My dog could run the DOH better.

They reportedly only have 20 trained and active tracers. 🤷🏻‍♂️  I work for a medium/large compaby and we recently had a positive case.  They told us the company HR checked in with them more than the State.
No one is coming, it’s up to us.

Legislation should never be about depriving law abiding citizens of something, but rather taking those things away from criminals.

ren

Re: there goes HIPAA
« Reply #8 on: August 06, 2020, 12:11:09 PM »
My list includes:

36) People who kiss their cats on the lips

Deeds Not Words

tillamook

Re: there goes HIPAA
« Reply #9 on: August 06, 2020, 01:35:22 PM »
They reportedly only have 20 trained and active tracers. 🤷🏻‍♂️  I work for a medium/large compaby and we recently had a positive case.  They told us the company HR checked in with them more than the State.

The email I got a week after trying to get a Covid test ordered last March and after I ran up complaints to my representative:


"We apologize that you were unable to contact our physician reporting line, on March 5, 2020.  The Disease Outbreak Control Division and District Heath Offices are experiencing higher volume of calls as a result of the COVID-19 response and has two Officers of the Day investigators in addition to public health nurses assisting with overflow of calls."


Literally the "we are experiencing higher than expected call volumes" excuse.  Turns out they had one person answering the phones.

Kuleana

Re: there goes HIPAA
« Reply #10 on: August 06, 2020, 03:32:41 PM »
Would you like to know which homes in your area have COVID19 infected people?
Everybody who I ever spoken to surely does.   :shake: