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Seattle Children’s sues Texas AG after request for gender care records
(www.seattletimes.com)
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this post was submitted on 22 Dec 2023
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Maybe? HIPAA generally covers medical-to-medical information transfer. Most non-medical entities/people aren't part of that law and it's not a violation for a hospital to release information to law enforcement.
Violating the rights of patients definitely. HIPAA...maybe not.
HIPAA absolutely covers release of information to non-medical, including law enforcement.
My NAL take on that says the court order would need to be from a court with jurisdiction to give said order.
Texas courts don’t have jurisdiction in Washington, so the AG would have to get a federal court to process it (not gonna happen.
No federal law was violated, or suspected of being violated.) or a Washington court (also not going to happen- no Washington law was violated- and the shield law would be if they just complied.)
HIPAA covers the spreading of medical information by anyone who's not the patient themselves.
Not entirely.
You tell the gossip at work that you’ve got an STD…. They’re free to tell whoever they want.
HIPAA only applies to medical staff and people who “need” to know- for example HR dept peeps when you call in because you have a cold; or rando security guards that responded to Fred going hypoglycemic again because he scarffed all the donuts on donut day.
Edit: they’re still wrong, the cops are obligated to get an appropriate court order. Even with a subpoena, the information is fairly restricted.