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In the context of hospitals waivers are not that voluntary, at least in the US and Canada, since doctors and nurses can't be forced to treat people if they real

In the context of hospitals waivers are not that voluntary, at least in the US and Canada, since doctors and nurses can't be forced to treat people if they really don't want to. And there is a decent chance in many hospitals that they will at least drag their feet, since they would be exposed to much greater liability. I know this situation specifically is not quite a waiver, but it will likely have some effect on hospital staff's attitudes.

ceejayoz 3y ago
Hospitals are under zero potential HIPAA liability for sharing information internally for the purposes of providing care. It's expressly permitted by the law, without any authorization required. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html https://www.hhs.gov/hipaa/for-professionals/privacy/laws-reg... > Permitted Uses and Disclosures. A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations.18 Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make. The thing you sign all the time is acknowledging receipt of the provider's privacy practices. It's an entirely different thing; it is by no means a waiver of any rights. https://www.hhs.gov/hipaa/for-professionals/faq/notice-of-privacy-practice/index.html https://www.hhs.gov/hipaa/for-professionals/faq/notice-of-pr... > Yes. The HIPAA Privacy Rule requires that a covered health care provider with a direct treatment relationship with individuals make a good faith effort to obtain written acknowledgments from those individuals that they have received the provider’s notice, regardless of whether the provider also chooses to obtain the individuals’ consent. You can refuse to sign that. They'll document the refusal, which changes nothing. It's like your Miranda rights when you get arrested; they tried to inform you of your rights under HIPAA. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/privacy-practices-for-protected-health-information/index.html https://www.hhs.gov/hipaa/for-professionals/privacy/guidance...
- MichaelZuo 3y ago
  I meant it in a more prosaic sense, for example the receptionist could put those who refuse in the bucket of 'potentially troublesome patients'. And receptionists talk a lot with other staff. Or various other scenarios.

ceejayoz 3y ago

Hospitals are under zero potential HIPAA liability for sharing information internally for the purposes of providing care. It's expressly permitted by the law, without any authorization required. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html https://www.hhs.gov/hipaa/for-professionals/privacy/laws-reg... > Permitted Uses and Disclosures. A covered entity is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations.18 Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make. The thing you sign all the time is acknowledging receipt of the provider's privacy practices. It's an entirely different thing; it is by no means a waiver of any rights. https://www.hhs.gov/hipaa/for-professionals/faq/notice-of-privacy-practice/index.html https://www.hhs.gov/hipaa/for-professionals/faq/notice-of-pr... > Yes. The HIPAA Privacy Rule requires that a covered health care provider with a direct treatment relationship with individuals make a good faith effort to obtain written acknowledgments from those individuals that they have received the provider’s notice, regardless of whether the provider also chooses to obtain the individuals’ consent. You can refuse to sign that. They'll document the refusal, which changes nothing. It's like your Miranda rights when you get arrested; they tried to inform you of your rights under HIPAA. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/privacy-practices-for-protected-health-information/index.html https://www.hhs.gov/hipaa/for-professionals/privacy/guidance...

MichaelZuo 3y ago
I meant it in a more prosaic sense, for example the receptionist could put those who refuse in the bucket of 'potentially troublesome patients'. And receptionists talk a lot with other staff. Or various other scenarios.