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Re:It’s Back: HIPAA Privacy and Security Enforcem
Date: 2008/01/02 15:13	By: wlw	Status: User
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I have a different question: How effective are the HIPPA policies in protecting privacy?

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Re:It’s Back: HIPAA Privacy and Security Enforcem
Date: 2008/01/03 14:42	By: utcom	Status: User
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I think it depends how well they are enforced at healthcare facilities. For example, I know when I go to a doctor's office, you have to sign in. I can see the names of the other patients that are at the office that day. I can also hear medicine refills being called in as well as referrals to other specialists by the receptionist.

So privacy is difficult to protect without efforts that may take away from the efficiency of the office. How can we solve this problem?

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Re:It’s Back: HIPAA Privacy and Security Enforcem
Date: 2008/01/05 13:51	By: Naoum	Status: Admin
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There's been a good discussion of this issue at a law website (legalnut.com). Specifically, HIPAA and right to public trial discussion.

A couple of points that bear on this thread:

1. HIPAA protected information can only be released for trial with a subpoena (makes sense) or written permission from the patient. So this information leak seems to be a clear violation of HIPAA standards.

2. HIPAA only provides for federal enforcement - it does not expand the patient's right to sue. The patient can sue in the same s/he could always sue, they don't have new avenues to sue. Presumably, they can file a HIPAA complaint and the federal government makes the decision as to whether to prosecute.

Thanks to the legalnut team for taking up this issue!

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