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this post was submitted on 14 Sep 2023
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~~No, HIPAA only applies to people who work in the health sector or are associated with it. Anyone else, including journalists and media people don't have to follow these rules. They can talk about the healt status of others as they please. The only concern would be defamation but that's also only an issue if the statement is false.~~
While HIPAA doesn't apply in this case, it's irrelevant. It could still be considered Publication of a Private Fact which is punishable under US law.
It's unlikely this would be successful but there is enough grounds for a lawsuit to not be thrown out immediately.
So then why do we have to watch those horrendous videos on the disclosure of PHI, even in non-related fields? I do it yearly and have been Clockwork-Orange-educated into knowing what it looks like, how it should be transmitted, etc.
It really makes me think the company would be liable in some way.
I believe that the non-disclosure applies to companies or individuals who have a relationship with a person as a client, or some other kind of business relationship. My doctor or insurance company has to protect my medical information, but if my neighbor finds out I'm rocking just one nut, he can tell anyone he wants.
Are you rocking one nut or are you slandering yourself?
Yes.