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HIPAA only applies to covered healthcare entitites. If you walk into a McDonalds' and talk about your suicidal ideation with the cashier, that's not HIPAA cover
by true_religion 1y ago
HIPAA only applies to covered healthcare entitites. If you walk into a McDonalds' and talk about your suicidal ideation with the cashier, that's not HIPAA covered.
To become a covered entity, the business has either work with a healhcare provider, health data trasmiter, or do business as one.
Notably, even in the above case, HIPAA only applies to the healthcare part of the entity. So if McDonald's collocated pharmacies in their restaurants, HIPAA would only apply to the pharmacists, not the cashiers.
That's why you'll see in connivence stores with pharmacies, the registers are separated so healthcare data doesn't go to someone who isn't covered by HIPAA.
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As for how ChatGPT gets these stats... when you talk about a sensitive or banned topic like suicide, their backend logs it.
Originally, they used that to cut off your access so you wouldn't find a way to cause a PR failure.
- jacquesm 1y agoArguably, if you start giving answers to these kind of questions your chatbot just became a medical device.
- janderson215 1y agoThere is nothing arguable about it. No it did not.
- WA 1y agoUnder Medical Device Regulation in the EU, the main purpose of the software needs to be medical for it to become a medical device. In ChatGPT's case, this is not the primary use case. Same with fitness trackers. They aren't medical devices, because that's not their purpose, but some users might use them to track medical conditions.
- wongarsu 1y agoThen the McDonalds cashier also becomes a medical practitioner the moment they tell you that killing yourself isn't the answer. And if I tell my friend via SMS that I am thinking about suicide, do both our phones now also become HIPAA-covered medical devices?
- lagosfractal42 1y agoWhat about a medicine book? Is that also a medical device?
- hansmayer 1y agoI don't know about HIPAA, but that there is that little body of criminal legislature talking about unathorised practice of medicine ?
- dotancohen 1y agoSo many misconceptions about HIPAA would disappear if people just took the effort to unpack the acronym.
- 4ndr3vv 1y agoHealth Insurance Portability and Accountability Act, for us non Americans