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You’ve made a solid observation, and I don’t have a solid response off hand. It’s entirely possible the penalties applied by HIPAA could fall within the bounda
by SllX 7y ago
You’ve made a solid observation, and I don’t have a solid response off hand.
It’s entirely possible the penalties applied by HIPAA could fall within the boundaries of what is and what isn’t Constitutional, but it’s also possible it is unconstitutional, and unconstitutional laws get struck down all the time when they’re thoroughly challenged, but in our legal system, they have to be challenged first, meaning someone has to make the case.
- AnthonyMouse 7y agoMost of the HIPAA restrictions can be waived by the patient, i.e. you can contract around it, so it's really more about contractual defaults and consent than censorship. But that's obviously still a slippery slope. You get the same sort of scenario with classified documents which are at the same time evidence of government misconduct. Everyone with access to the documents agreed not to disclose them, which means there is no one who can reveal the misconduct to the public without violating that agreement.