Really pushing HIPAA with this one, but with good cause
this post was submitted on 11 Sep 2024
628 points (97.3% liked)
InsanePeopleFacebook
2486 readers
629 users here now
Screenshots of people being insane on Facebook. Please censor names/pics of end users in screenshots. Please follow the rules of lemmy.world
founded 1 year ago
MODERATORS
Yeah the sticker sentence especially. That's essentially the same as saying that the kid got the shot. HIPAA doesn't say "it's ok to reveal private health information as long as you do it in a wink-wink manner." Revealing personally identifiable health information is forbidden no matter how you do it.
Even agreeing that her son was at the doctor was a violation. We can't confirm or deny that a potential patient even came to the building for health care.
They could probably get away with simply saying “I would never recommend any advice that goes against verified safe medical practices.”
I think she's good with "I absolutely did not say that".
I suspect this is a double reverse "and everybody clapped" moment.
See now, I decided I could read that as "your son deserved a bravery sticker for having to bear up with you as a mom."
Since the mom made the visit itself public, and lied about the conversation, and the nurse didn't specify what either person DID say, nor what actually was or wasn't done, I'm not sure any new information was revealed. Implied, if you want to infer it, but not stated. And for the mom to sue about it, she'd have to publicly admit to her own lies....
There is no law against lying.
I hopethis helps.
I know lying isn't against the law. (Although I'm neither a legal nor medical professional.) I meant she would be deterred from suing because the extent of her lies would have to be aired in court, in public, in order to prove the nurse revealed information.
In the case you linked, the nurse posted information about a rare case (ergo easily identified) whereas in OP's situation the publicly identifying information had already been revealed by the mother and the nurse didn't specify any new facts about the case itself. She might still get in trouble but it's less cut and dried than the case in your link. Imvho.
That nurse's name?
Albert Einstein.
But ..did everybody clap
Please clap.
I pressed F for respect instead. Is that good enough?
Well, everyone got the clap. Does that count?
US Marine
It already read like one of those "and then they all clapped" posts.
Ragebait folks. Yes it might exist out in the wild but do something better with your time.
It's been a while since I saw a good "and everybody applauded" moment. Thank you for that lol
EDIT: Just clicked and saw the second part, whomp whomp
“and everybody applauded”
Just what I came here to point out. I'm such a hero!
Don't know that I've ever done a Riker in here before...
I am so not antivax, but there is definitely a problem for the nurse.
No there isn’t.
Posting patient information on social media is a HIPAA violation if you do not have the patient’s authorization because it discloses individually identifiable health information to the public that could be used to commit fraud or identity theft.
“Yes, I’m VaxBatCrazy59’s son, and I would like to purchase this motorcycle. My identification? Of course, it’s all right here in a now-deleted facebook post. You can confirm with NightNurse1985. Of course, i’ll wait.”
This even specifically says there’s nothing in HIPPA that mentions social media. This (law? Policy? What is the . . crime? . . again?) has all the solidity of soup.
I'm sure you know better than my last course instructors, I'll be sure to pass that along to them.
Yeah send them this and then post what they say. I’d be interested.
I already know since it was hammered home each class for the entire course.
What is the problem, for the nurse, then?
Wait - this nurse is an anti-vaxxer? Or this is some other thing?
That's not the issue. You can not in any way state or imply anyone that could possibly be identified in any way has even been through your health facility's doors, unless compelled by a court order, with some mandated reporter exceptions. This would be suspected child abuse, or someone may be a danger to self or others. CMS and OIG/federal register websites go in depth, on technicalities. The article doesn't say who the nurse was, but yes, she or he didn't even put a name. The issue is consent, and even that doesn't matter with employers. That nurse jeopardized the whole practice being shut down and/or sued.
mom was so brave
Question is, why would mom feel compelled to lie about her kids getting a vaccine?
Because she's friends with tons of antivaxxers on fb or in real life and is saving face
It's not even saving face. She could just say nothing and nobody would know. She's an attention whore and wants the good fee-fees from people telling her how great she is.
Fair point
Have that printed on his headstone