Ask Me Help Desk - Public safety and HIPAA LAW

My question is;Dose a physician(or health care)can release patient's informations without patient's consent violation of HIPAA, to a person or organization who is not government agents,who with these informations can prevent sever inflect to public damage result lifes lose?
We talk about this subject in other post.I show some of my opinions and got unfavor response;mislead,incorrect,unhelpful and what the world is talking about.A legal expert answer this question.She said that there are no any exception if the doctor do that no doubt is violation of this law.I search the answer from other sourse and found that there are different answer.One of the article which written by Peter Mackoul,ESQ in Hipaa solution.He said that about Virginia tech case If involve peoples know about exceptions of this law and release informations about this mental sick college student to others a lot of lifts could save.He mention the section 164.512(j)(I)of the privacy rules contains a section entilled,"use and disclosures to avert a serious threat to health or safety"Since I do not have his permission to copy his article here you can go to www.hipaasolutions.org/documents/HIPAAat virginatech.pdfe Please answer my question or make comment to this article.Thanks.

What other thread? I have no idea what you are addressing.

Here is the explanation of that section - Final HIPAA Privacy Regulations: Uses and Disclosures to Avert a Serious Threat to Health or Safety - § 164.512(j), Bricker & Eckler LLP, Bricker & Eckler LLP.

I find it very clear cut. What don't you understand OR what is the specific situation you are addressing? Without knowing exactly what the situation is the answers could go on forever - and all of them could be wrong.

What is your interest in this?

EDIT: Never mind. I read the other thread. This is another example of you quoting laws which you don't understand and referencing medical info which appears in journals which apparently only you receive.

You continue to be disrespectful to AMHD long-time members.

I will mention that you make some reference to whether the other thread refers to someone in the US. What does it matter? HIPAA is a U.S. law, not something universal.

This is an argument, not a question, not a discussion. I don't even know why it's here. The other thread is closed. This is part two of that closed thread.

Time to close this one.

Quote:

Originally Posted by JudyKayTee

What other thread? I have no idea what you are addressing.

https://www.askmehelpdesk.com/human-...ts-626014.html

Quote:

Originally Posted by odinn7

https://www.askmehelpdesk.com/human-...ts-626014.html

Right, I saw it, I guess seconds before you posted. It's a closed thread. This is an add on to a closed thread.

Go figure - and thanks for the catch.

I face this situation at work.I know one case,real case happen in nj,USA.A young lady come to er with complaints of cough of blood.X-ray show big cavity indicate active pulmonary tb further find out it is multiple drugs resistance case every one so panic they put her in a negative pressure room wait for find a place to admitted her but she refused and sign the against medical advice and leave.She said that she work in a factory with close air condition circulate also give her working place.Due to this hipaa law we can do nothing only can report to local health dept.When she leave we feel release but very guilty.

I don't understand your question - you appear to already know the law.

Or is this a discussion?

Again - the topic appears to have been closed once.

What other thread? Ask Scott he will tell you.The question is dose employer violation of hipaa to ask a note from employee doctor about medical condiion.I am not looking for discussion.I ask for answer.One person's understanding does not mean is fact.What is your answer is the doctor get exceptions for the law if fit in the conditions?

I'm going to try one more time to explain this to you. I tried to explain it privately, but since you chose to post this publicly, I'm willing to show you, again, how wrong you were.

Yes the other question was whether it was a violation for the employer to ASK. There is no question about the answer. No, it is not a violation for the employer to ask. HIPAA covers medical providers keeping patient's information private. The OP's employer was not a medical provider, therefore he was not subject to HIPAA restrictions. That's it there is NO other interpretation here. And that was the answer given even before you posted.

The OP stated that he was told it was a violation by his doctor. Since we don't know exactly what his doctor said we can't be sure what he meant.

Your contention here seems to be that, a doctor could reveal information without penalty where there is a serious and imminent threat to others. There is also no argument with that. But that has absolutely NOTHING to do with the other question.

The advice you gave in the other threads was; " Then the doctor can directly to tell your employer without let you know.". This is misleading and inaccurate. The decision to reveal information without the patient's permission is completely and solely on the discretion of the physician. Clearly, in the other thread, the physician felt giving the information was not necessary.

Finally, in the situation you cite above, yes your best option is to report the potential threat to the local health dept. By doing so, due diligence is exercised. The local health dept has the responsibility to protect the public and inform the employer. Its called a chain of authority.

So I will see this to you publicly. What is clear here is 1) you didn't understand the full situation being asked about in that other thread, 2) you are not fully understanding the intent and spirit of HIPAA, 3) you aren't fully understanding the letter of HIPAA law. Because of the lack of understanding you gave a misleading and unhelpful answer in the other thread. And when this pointed out to you, but different responders, you argued the point, further showing your lack of understanding.

Bottom line, you were wrong! So just admit it apologize and move on.

Quote:

Originally Posted by wauya

What other thread? ask Scott he will tell you.The question is dose employer violation of hipaa to ask a note from employee doctor about medical condiion.I am not looking for discussion.I ask for answer.One person's understanding does not mean is fact.What is your answer is the doctor get exceptions for the law if fit in the conditions?

Is Scott your agent, translator, mentor? If not, PLEASE don't refer my questions to you to a third party.

Makes it sound like you don't know the answer.

My answer in other thread is 'If you are a commercial pilot your doctor find out you are mentally sick and became suicidal then he can directly inform your employer without let you know.Why you said is mislead? Mislead what?About this law?Is this fit in the exception of apply this law?Once again let people read this post judge it.thanks

Because it had NOTHING to do with the question that was asked. Also because it is a far fetched scenario. In that situation, the pilot would be hospitalized by the doctor. Therefore, there would be no need to inform the employer about the pilot's condition.

And once again, people HAVE judged. And they have judged your responses to not meet the standards of this site. If you continue to argue a point where you are clearly in error, this thread too will be closed.