2 ms·
This sounded like a straight-forward HIPAA violation, but I checked. There's a carve out for LE. You can see the bones of a stronger limit during drafting (a
by michael1999 1y ago
This sounded like a straight-forward HIPAA violation, but I checked. There's a carve out for LE.
You can see the bones of a stronger limit during drafting (as "required" by warrants), but then weakened to allow mere "administrative requests".
> Law Enforcement Purposes. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions: (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) in response to a law enforcement official's request for information about a victim or suspected victim of a crime; (4) to alert law enforcement of a person's death, if the covered entity suspects that criminal activity caused the death; (5) when a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and (6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.
https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html#:~:text=Law%20Enforcement%20Purposes https://www.hhs.gov/hipaa/for-professionals/privacy/laws-reg...
- adolph 1y agoAdditionally from the article the data seems limited to identification information and not medical information. Language in the agreement says it will allow ICE to access personal information such as home addresses, phone numbers, IP addresses, banking data, and social security numbers. (Later on in the agreement, what ICE is allowed to access is defined differently, specifying just “Medicaid recipients” and their sex, ethnicity, and race but forgoing any mention of IP or banking data.) The agreement is set to last two months. While the document is dated July 9, it is only effective starting when both parties sign it, which would indicate a 60-day span from July 15 to September 15.
- michael1999 1y agoThat doesn't really help. HIPAA covers anything personally identifiable while held by a covered entity. Their only cover is the LE exception. Just think: If I "only" steal names and address from the psych ward, that's still a breach.