Dosent the TX bullshit run afoul of HIPA regulations?

[Rosco T.]

Disclosing medical info without the patients consent

[50 Shades Of Blue]

1. Good question. But women aren't people, according to this law.

They're simply fetus containers/potential fetus containers.

[Dream Girl]

5. "Hosts" is the proper term.

[LetMyPeopleVote]

2. No

This law relies on tips from third parties and no doctor or medical provider will voluntarily provide info on an abortion.

[Rosco T.]

3. Then how can they prove it took place

All else is hearsay

[dumbcat]

8. The medical records can still be subpoenaed.

which would not violate HIPPA.

[hlthe2b]

9. They (state courts) can issue such subpoenas--which will result in a Federal court challenge.

[joetheman]

12. As is the case in most other lawsuits, the records alone might not be enough evidence. No doctor

should violate the patient doctor privilege by appearing to confirm the records.

[Dream Girl]

4. I does seem like the snitches would need proof that an "unlawful" abortion was performed.

But wouldn’t they require evidence forthe law suit to be successful? Seems to me that the “evidence” would violate HIIPA.

[FalloutShelter]

6. These are the same idiots screaming about

Being asked to reveal their vax status.

[hlthe2b]

7. Filing the suits based on anonymous innuendo will, by necessity result in medical staff subpoenas

to validate the information and/or testify in state court. THAT is where Federal HIPAA** regulations will necessarily come up against a state court challenge. The first court challenge will establish the precedence, but my money is on Federal protections for physicians, medical clinics, and other health care workers refusing to violate their requirements under HIPAA to protect the patient confidentiality.

Like everything else about this abysmal vigilantism bill, the details remain to be litigated.

HIPAA** Health Insurance Portability and Accountability Act:

The HIPAA privacy laws are not just applicable to healthcare companies and organizations. The laws are also applicable to any entity that a HIPAA-covered entity authorizes to access patients’ healthcare data (termed business associates under HIPAA)

Besides breaching federal law, most states have laws holding anyone violating HIPAA accountable. Doctors can lose their license and/or be fined. In most states it’s even a violation for a doctor or other health care worker to look up the file of a patient they are not already involved in their care. It’s a violation of HIPAA for someone to pass on personal health care information to a third party without written approval.

Data Protected by HIPAA Privacy Laws

The data secured by HIPAA privacy laws is referred to as Personally Identifiable Information (PII) and Protected Health Information (PHI) – Information that could expose a patient´s identity such as:

Information about the patient’s past, current or future mental or physical condition
Information relating to medical treatment and medical services provided to the patient
Information about past, current, or future payments for healthcare services

Individually identifiable health information is not restricted to information like names, birth dates, Social Security numbers, and phone numbers, but also credit card details, car registration numbers and even specimens of a patient’s handwriting.

HIPAA privacy laws apply to written information and electronic information, even photographs and videos. If, for instance, a healthcare company took a photograph of a patient’s wound and the patient’s identity can be determined from distinguishing features – a tattoo or birthmark for instance – the photograph would be covered and protected by HIPAA privacy laws.

[carpetbagger]

10. No.

Let's say someone's bff has a falling out in 2024 and files a suit against the woman to get the money. She asserts that her friend drove another woman to the Arlen Women's Health Center to have an abortion in October 2021. She might have a text or just her (the plaintiff's) sworn affidavit. The case is now in the hands of the good people of Arlen and/or the judge they elect in partisan elections. Medical records may be exculpatory, but this train is otherwise set to go down the track.

[unblock]

11. There are numerous exceptions to hipaa when it comes to law enforcement, court orders, subpoenas,

complying with regulations, and other legal proceedings.

So, as long as the Texas law is treated as constitutional, medical facilities and personnel involved in abortions could very likely be compelled to hand over personal health information.

Ianal.

[carpetbagger]

13. And btw, the lawsuit system doesn't have to ever be used.

The whole point is to intimidate providers.