The media and Hipaa

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Anonymous

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How does the media get around HIPAA laws when covering a story. I have read articles that include patients full name and condition as well as details about the cause of condition. Also, would discussing the information reported by the media constitute as a violation on the part of a healthcare professional, or is it not considered PHI anymore because it has been made public knowledge by the media?
 
The media isn't violating hippa because it only applies to providers, hospitals, hmo's, insurance, etc., not the media.
 
The media aren't bound by HIPAA. Neither are police departments or fire departments that don't bill or transmit data electronically. It is not a violation of HIPAA to discuss what you learned in the news. It is a violation if you release information not included in the news.
 
Just for the sake of argument...if it is illegal to release that info, and the press gets it then leaks it, isn't that like reselling stolen goods? ANd if, say, they found it lying by the side of the road in a plastic bag or such, since they can tell what and whose it is, aren't they bound to return it?

I'm ignoring such means as phone hacking, dumpster diving, diverting trash, etc.
 
mycrofft said:
Just for the sake of argument...if it is illegal to release that info, and the press gets it then leaks it, isn't that like reselling stolen goods? ANd if, say, they found it lying by the side of the road in a plastic bag or such, since they can tell what and whose it is, aren't they bound to return it?

I'm ignoring such means as phone hacking, dumpster diving, diverting trash, etc.
Click to expand...

Just because it's illegal for one organization to release information doesn't mean it's illegal for all of the organizations involved to release the information.
 
Fruit of the poisoned tree. If someone is found to be driving my stolen car, claimed ignorance of its provenance would not entitle the driver to keep it anyway.
 
Except the tree isn't poisoned if the originator of the information (say a non-billing fire department or a police department) isn't covered under HIPAA or other local privacy laws.
 
If the original release was illegal, then subsequent knowing carriers are accomplices or accessories. But there is such social utility in it (whistle blowing, for one, and news "leaks", for another) that it will never be legally pursued, unless like they torque-off Bill Gates or someone.:cool:
 
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