Interesting legal/medical/crime question

[widebody911]

My wife manages a healthcare clinic. Yesterday someone broke into one of her employee's car. It was in the middle of the day and they have clear security camera footage of the perp in action; it is one of their patients, so identification is easy - he had been in for an appointment just minutes prior. I told her "So just file a police report, give the cops a copy of the footage, should be a slam dunk, right?"

Nope.

The way she explained it, because the perp is a patient of her clinic, HIPPA forbids them from identifying him; they can't give the cops the footage and they can't release the perp's name - not even with a subpoena.

This doesn't make sense to me; someone can commit a crime in broad daylight, just so long as they are in front of their doctor's office?

[tevake]

Yet another example of P C gone crazy.

We are hurting ourselves with this nonsense!

[GH85Carrera]

HIPPA has a purpose, but it has no logic. Like most every no tolerance, black & white laws.

[bivenator]

That doesn't seem right. HIPPA is designed to protect private information, not a persons identity. When I call a patient in from the waiting room I use their name. I can't imagine HIPPA coming into play for a burglary in a parking lot. You aren't telling the cops about his hepatitis C status.

[sc_rufctr]

Wow, That's truly stuffed up.

[widebody911]

Originally Posted by GH85Carrera

HIPPA has a purpose, but it has no logic. .

So, more like a woman then?

[930addict]

That's rediculous. While the nature of the perps visit is protected, his actions are not. Otherwise that is one fantastic loophole for thieving. Not a lawyer - just seems like common sense.

[dtw]

I call shenanigans.

[Danimal16]

So, if the patient came into the clinic and shot up the waiting room and killed a bunch of patients, BUT the medical staff survived, the medical staff could not identify or provide witness statements? BS, the intent of the law is NOT to give the perp cart blanch to do anything. If the damn doctor in the office determined that the patient had raped his daughter, i.e. committed another crime, the doctor has to remain quiet? I don't think so.

[MBAtarga]

I seriously doubt HIPPA applies to this situation. Someone made that up for this scenario.

[Neilk]

Yeah, I have to disagree with their interpretation. You can't share medical data with unaffiliated third parties, but nothing states you can identify someone.

You hear numerous stories in the news where someone will admit someone is their patient, but they can't discuss whatever treatment they were having.

[ossiblue]

Don't think the OP's post is accurate. Here's the actual wording of HIPPA:

Law Enforcement Purposes.
Covered entities may disclose protected health
information to law enforcement officials for law enforcement purposes under
the following six circumstances, and subject to specified conditions: (1) as
required by law (including court orders, court-ordered warrants, subpoenas)
and administrative requests; (2) to identify or locate a suspect, fugitive,
material witness, or missing person; (3) in response to a law enforcement
official’s request for information about a victim or suspected victim of a
crime; (4)
to alert law enforcement of a person’s death, if the covered entity
suspects that criminal activity caused the death; (5) when a covered entity
believes that protected health information is evidence of a crime that
occurred on its premises; and (6) by a covered health care provider in a
medical emergency not occurring on its premises, when necessary to inform
law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.

link: http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf

[widebody911]

Interesting. It is entirely possible she mus-interpreted the rules. I forwarded this excerpt to her.

Originally Posted by ossiblue

Don't think the OP's post is accurate. Here's the actual wording of HIPPA:

Law Enforcement Purposes.
Covered entities may disclose protected health
information to law enforcement officials for law enforcement purposes under
the following six circumstances, and subject to specified conditions: (1) as
required by law (including court orders, court-ordered warrants, subpoenas)
and administrative requests; (2) to identify or locate a suspect, fugitive,
material witness, or missing person; (3) in response to a law enforcement
official’s request for information about a victim or suspected victim of a
crime; (4)
to alert law enforcement of a person’s death, if the covered entity
suspects that criminal activity caused the death; (5) when a covered entity
believes that protected health information is evidence of a crime that
occurred on its premises; and (6) by a covered health care provider in a
medical emergency not occurring on its premises, when necessary to inform
law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.

link: http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf

[widebody911]

Got a reply back. Apparently the regs in her industry are different, and there is also a company policy that is even more restrictive. Long-story-short, she's not willing to fall on her sword for this.

[Rusty914s]

I doubt OP's wife understands what she's talking about.

[930addict]

I doubt OP's wife understands what she's talking about.

I mean no disrespect but I agree with this. A simple call to the clinics lawyer would clear this up. I hate to see a crook go free.

What industry is she in?

[ossiblue]

Originally Posted by widebody911

Got a reply back. Apparently the regs in her industry are different, and there is also a company policy that is even more restrictive. Long-story-short, she's not willing to fall on her sword for this.

Sounds like a "higher up" has interpreted the law in a very restrictive way or there is some other federal regulation that applies to her industry (whatever that means as I thought HIPPA applied to all health care entities equally). Whatever the reason, clearly she should not violate a work directive.

I found the above HIPPA information after a short search, and I'm sure there is more to the entire law. I really would like to know why it doesn't apply in this case. Can you give us some more specifics as to what regulations are at play here, and the primary source for the regs that apply?

[Rikao4]

HIPPA is HIPPA...
just chatted with a privacy officer...
does this stuff for 3 major Hospitals..
ran it by...
'we do it all the time...'
your lady & folks are scared...
and are hiding behind HIPPA..
BTW..they could get in trouble for hindering investigation ..

Rika

[930addict]

I'm really curious now. I'm going to ask a buddy of mine. He's an IT director at a large hospital and he's HIPPA certified.

[Rikao4]

your gonna get the same reply...
my info comes from some who does this for a living..
and has enough court time to know ..
what can be released,when, and to whom..

Rika