Current Events > Apparently Washington Post got some of Ford's therapist notes

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Coffeebeanz
10/04/18 5:18:03 PM
#1:


1. Doesn't that violate HIPAA laws?

In any case, just heard it over the radio. They've got some notes, which Ford's lawyers refused to submit to Congress and the FBI.

Should be interesting?
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Tyranthraxus
10/04/18 5:18:43 PM
#2:


Can you stop doing this please
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Hexenherz
10/04/18 5:18:56 PM
#3:


> They've got some notes, which Ford's lawyers refused to submit to Congress and the FBI.

Wouldn't that... help her case?
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Coffeebeanz
10/04/18 5:19:50 PM
#4:


Hexenherz posted...
> They've got some notes, which Ford's lawyers refused to submit to Congress and the FBI.

Wouldn't that... help her case?


I guess it depends on what they say. If they're contradictory it could be an issue.
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ledbowman
10/04/18 5:22:30 PM
#5:


Coffeebeanz posted...
Hexenherz posted...
> They've got some notes, which Ford's lawyers refused to submit to Congress and the FBI.

Wouldn't that... help her case?


I guess it depends on what they say. If they're contradictory it could be an issue.

You would love that.
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Coffeebeanz
10/04/18 5:23:35 PM
#6:


ledbowman posted...
Coffeebeanz posted...
Hexenherz posted...
> They've got some notes, which Ford's lawyers refused to submit to Congress and the FBI.

Wouldn't that... help her case?


I guess it depends on what they say. If they're contradictory it could be an issue.

You would love that.


Not really. It'd set back rape victims. It's hard enough to deal with the social stigma attached to it.

This may come as a shock to you, but there are people out there with different political views than yours who aren't Republicans.
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P4wn4g3
10/04/18 5:25:38 PM
#7:


Coffeebeanz posted...
Doesn't that violate HIPAA laws?

Yes. And it would be illegal to release them as well.
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VipaGTS
10/04/18 5:26:12 PM
#8:


TC I feel like your investment in this is becoming an obsession...
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Two_Dee
10/04/18 5:27:13 PM
#9:


That sounds like a HIPAA violation
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Unsugarized_Foo
10/04/18 5:27:27 PM
#10:


Now she'll get money weither she lied or didn't
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Coffeebeanz
10/04/18 5:27:33 PM
#11:


P4wn4g3 posted...
Coffeebeanz posted...
Doesn't that violate HIPAA laws?

Yes. And it would be illegal to release them as well.


That's what I thought. It legitimately seems wrong to do this, legally and otherwise.
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Physician [Internal Medicine]
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ledbowman
10/04/18 5:27:50 PM
#12:


Coffeebeanz posted...
ledbowman posted...
Coffeebeanz posted...
Hexenherz posted...
> They've got some notes, which Ford's lawyers refused to submit to Congress and the FBI.

Wouldn't that... help her case?


I guess it depends on what they say. If they're contradictory it could be an issue.

You would love that.


Not really. It'd set back rape victims. It's hard enough to deal with the social stigma attached to it.

This may come as a shock to you, but there are people out there with different political views than yours who aren't Republicans.

I know but you don't have any convictions except that you like to troll. About rape.
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Anteaterking
10/04/18 5:29:23 PM
#13:


P4wn4g3 posted...
Yes. And it would be illegal to release them as well.


But it's not illegal for journalists, just whoever gave it to them. (Or depending on who that is, the person who gave it to them, etc.)
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#14
Post #14 was unavailable or deleted.
Coffeebeanz
10/04/18 5:31:11 PM
#15:


shockthemonkey posted...
Why would you start a numbered list that only goes up to 1?!?


Wouldn't you like to know
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Physician [Internal Medicine]
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#16
Post #16 was unavailable or deleted.
davyheinz
10/04/18 5:32:52 PM
#17:


How the fuck are you a doctor and dont know if it violates HIPAA? Legit asking.
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P4wn4g3
10/04/18 5:35:15 PM
#18:


Anteaterking posted...
P4wn4g3 posted...
Yes. And it would be illegal to release them as well.


But it's not illegal for journalists, just whoever gave it to them. (Or depending on who that is, the person who gave it to them, etc.)

I'm fairly certain it would be illegal for journalists as well. HIPAA applies to everyone.
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Anteaterking
10/04/18 5:38:52 PM
#19:


P4wn4g3 posted...
I'm fairly certain it would be illegal for journalists as well. HIPAA applies to everyone.


HIPAA only applies to covered entities, which doesn't include journalists.
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Coffeebeanz
10/04/18 5:40:18 PM
#20:


davyheinz posted...
How the fuck are you a doctor and dont know if it violates HIPAA? Legit asking.


It's called a rhetorical question.
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Tyranthraxus
10/04/18 5:41:19 PM
#21:


davyheinz posted...
How the fuck are you a doctor and dont know if it violates HIPAA? Legit asking.


Whether or not it violates HIPPA depends on the credentials of the Therapist and if they're registered as a provider and such.

Just because I confide about the time I was assaulted to some random dude who takes notes about it and later leaks them doesn't always constitute a violation of HIPPA.
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MrPeppers
10/04/18 5:41:39 PM
#22:


Anteaterking posted...
P4wn4g3 posted...
I'm fairly certain it would be illegal for journalists as well. HIPAA applies to everyone.


HIPAA only applies to covered entities, which doesn't include journalists.


Thats not true at all, unless there was a consent for release of records to the public or whichever publishing body wanted to go public
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DarkTransient
10/04/18 5:42:36 PM
#23:


Do we know yet if they're actually relevant to the case, rather than just relevant to a person involved in the case?
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Coffeebeanz
10/04/18 5:43:40 PM
#24:


DarkTransient posted...
Do we know yet if they're actually relevant to the case, rather than just relevant to a person involved in the case?


I don't think we know anything about it. Just that they got it. Honestly, I'm a bit upset that someone managed to obtain them without her consent. That's just wrong.
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Anteaterking
10/04/18 5:46:33 PM
#25:


MrPeppers posted...
Thats not true at all, unless there was a consent for release of records to the public or whichever publishing body wanted to go public


https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html
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P4wn4g3
10/04/18 5:46:47 PM
#26:


Yeah, not sure where you are getting that it wouldn't apply. Like ever since I was trained on HIPAA stuff I basically don't talk about PHI without making it anonymous. Any time information is released there is a consent release form and if it's released on accident a notification is sent to people with the information and to the patient to keep them informed of their HIPAA rights. Basically I don't see how journalists would somehow get out of that.
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Nomadic View
10/04/18 5:48:33 PM
#27:



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CyricZ
10/04/18 5:55:02 PM
#28:


There's a lot of people knowledgeable about HIPAA on this site.

I feel left out, but I can just text my nurse friend if I have any questions.
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P4wn4g3
10/04/18 5:58:04 PM
#29:


I worked for big insurance for a time. As have a few family members. Many others worked directly in Healthcare, including my parents. They explained to me how HIPAA works when I was young sincewhen I shadowed them I was also held to HIPAA if I happened to be around anything sensitive.
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Anteaterking
10/04/18 6:02:33 PM
#30:


P4wn4g3 posted...
Yeah, not sure where you are getting that it wouldn't apply. Like ever since I was trained on HIPAA stuff I basically don't talk about PHI without making it anonymous. Any time information is released there is a consent release form and if it's released on accident a notification is sent to people with the information and to the patient to keep them informed of their HIPAA rights. Basically I don't see how journalists would somehow get out of that.


Because where you work likely has a business associates contract with the original creators of the HIPAA protected data (this is also covered in the link I sent Mr. Peppers), and in becoming a business associate there is in writing stipulations about your continued protection of the data.

You handing me HIPAA stuff doesn't require me to be compliant to HIPAA. You would be violating it by handing it to me, not me by doing something with it after the fact.

This is the same way that FERPA is set up and classified information (in most circumstances).
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P4wn4g3
10/04/18 6:15:16 PM
#31:


Anteaterking posted...
P4wn4g3 posted...
Yeah, not sure where you are getting that it wouldn't apply. Like ever since I was trained on HIPAA stuff I basically don't talk about PHI without making it anonymous. Any time information is released there is a consent release form and if it's released on accident a notification is sent to people with the information and to the patient to keep them informed of their HIPAA rights. Basically I don't see how journalists would somehow get out of that.


Because where you work likely has a business associates contract with the original creators of the HIPAA protected data (this is also covered in the link I sent Mr. Peppers), and in becoming a business associate there is in writing stipulations about your continued protection of the data.

You handing me HIPAA stuff doesn't require me to be compliant to HIPAA. You would be violating it by handing it to me, not me by doing something with it after the fact.

This is the same way that FERPA is set up and classified information (in most circumstances).

Edit: When you worked for big insurance you were directly considered a covered entity.

Yeah well I wouldn't play it hot and loose with the law here. I'm certain that the Washington post has had business dealings with medical professionals before, if any happen to trace back to Ford somehow they would be in violation and Lawyers would be eager to take on that case. Imagine the GOP's shit eating grins as they "were sorry to hear about the egregious violation of patient and privacy rights that Dr. Ford had to endure"

Large risk there.
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s0nicfan
10/04/18 6:18:08 PM
#32:


The confirmation vote is scheduled for Saturday, so we'll find out pretty quickly what WaPo thinks it can get away with.
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Rick-C137
10/04/18 6:26:48 PM
#33:


Why do people keep calling Ford a rape victim?
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Dusk_
10/04/18 6:28:12 PM
#34:


Rick-C137 posted...
Why do people keep calling Ford a rape victim?


I know.. it's confusing.
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P4wn4g3
10/04/18 6:28:45 PM
#35:


*agrees with self on an alt*
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KingCrabCake
10/04/18 10:35:15 PM
#36:


Wonder if those notes will expose any lies under oath....
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