How could that happen exactly? In what circumstances could a nurse end up working for (or even volunteering for) a HIPAA covered entity without signing a privacy agreement?
How could that happen exactly? In what circumstances could a nurse end up working for (or even volunteering for) a HIPAA covered entity without signing a privacy agreement?
And the privacy agreement isn’t required anyway. If you’re a doctor, and you treat your neighbor, you’re bound by HIPAA laws that cover the arrangement. All a privacy agreement really does is give the clinic a hope of being found not liable in a lawsuit or government action: “see, we have it in writing that the nurse knew this was illegal! Blame them, not us.” Even without the agreement, the practioner is still legally obligated to obey HIPAA.
And as a side note: sue the hell out of the hypothetical nurse spilling the beans on a hypothetical AIDE patient. Why? Because if you don’t, then other people who suspect they might have HIV are going to avoid going to the doctor, resulting in more deaths for them and their lovers.
I'm not sure if it's required, but it's a common retort used to argue why someone thinks HIPAA is a private contract law rather than regulation of factual speech, so I prefer to just nip that scenario in the bud from the get go.
In any case I wasn't arguing for or against regulating factual speech. Only pointing out that it is done in the USA. This seems to get peoples feathers real ruffled, for whatever reason.
Hah! Ok, fair, I could see that. There are sooooo many misunderstandings about HIPAA that make me cringe every time I hear them. “I can’t tell you if I’m sick. HIPPA!” “It’s illegal for you to ask me if I’m vaccinated. HIPPA!” “You can’t bill me for this. HIPPA!”
It’s like the medical version of a sovereign citizen legal theory, where it simultaneously applies to everything and nothing, depending on what’s most convenient at the moment.
It's partially because it's so complicated.
I was a licensed healthcare professional and even I was shocked when my medical information was given to police without a warrant, a legal arrest, and without my consent. As it turns out, totally legal.