HIPAA and the Undocumented

Nurses HIPAA

Published

Specializes in Med-Surg, OB, ICU, Public Health Nursing.

A medical office keeps a patient waiting two hours in order to deport her.

Advocates protest Latina immigrant's arrest at Texas doctor's office - LA Times

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The medical office denies knowing her immigration status and claims they simply reported her for using a fake ID and fake social security card. I'm not sure HIPAA protects an individual's "right" to commit fraud.

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Specializes in Med-Surg, OB, ICU, Public Health Nursing.

The clinic had the option of denying her insurance and referring her to a free clinic. No, they had her sit and wait 2 hours, never treated her and then claimed they didn't intend on deporting her. I find the clinc dispicable.

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The clinic wouldn't deny her insurance, as it was her husband's insurance from his job.

What they did was report the fact that she was using a fake driver's license (which I feel for the person who's license number it was if there were points on the license) as well as a fake Social Security card (again, feel for whomever that SS # actually belonged to)

For her to say "I do not have ID nor a SS card" is much different than handing them fraudulent ones.

No matter if she was in this country illegally or not.

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The clinic had the option of denying her insurance and referring her to a free clinic. No, they had her sit and wait 2 hours, never treated her and then claimed they didn't intend on deporting her. I find the clinc dispicable.

Well, this is a chance you take if you choose to live in this country illegally -- that the law is eventually going to catch up with you. Again, the article makes quite clear that what she was detained and reported for was not her immigration status (although I would certainly have no problem with that), but the fraudulent use of government documents (driver's license and SS card). You might not be so outraged if it were your license and SS number that someone else was using, and if it were your identity that had been stolen.

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Specializes in Complex pedi to LTC/SA & now a manager.

She was reported for using stolen/fraudulent ID. She happened to be in the country illegally and subsequently caught. Not the same. Medical offices that accept government insurance have an obligation to check ID to reduce insurance fraud. They are obligated to report the use of fraudulent government ID. This may not have occurred had she not made the choice to use stolen/fake identification.

She wasn't reported for undocumented status. USCIS isn't involved. She was charged with fraudulent government documents. She's guilty of that. The office had no idea of her immigration status. They had a legal obligation to report a patient using obviously fake government documents for identification. It's not despicable it's their legal obligation. The gentlemen who's drivers license number she was using I'm sure doesn't feel sorry for her.

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Specializes in Med-Surg, OB, ICU, Public Health Nursing.

I worked in public health. We provide care to convicted criminals ie. ax murderers, rapists etc. Are you saying undocumented people should not receive care? What about people with communicable diseases, are we going to not treat people?

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Specializes in Hospital medicine; NP precepting; staff education.
I worked in public health. We provide care to convicted criminals ie. ax murderers, rapists etc. Are you saying undocumented people should not receive care? What about people with communicable diseases, are we going to not treat people?

Not at all. The consensus is that the issue was not her immigration status but use of fraudulent identification.

Since the client is being seen in a clinic and not an emergency room, EMTALA does't apply, so there is no duty to treat. Yes, the client was known to the practice at a different office. So what.

Let's change some facts of the story...it's a white woman and her 8 year old daughter and she presents with counterfeit identification (license and social security card). What happens when she gets arrested in the lobby.

Nothing significant. She'll get arrested and the case will proceed. Immigration status is beside the point. If the white woman in my made up story had outstanding warrants or something, they'd follow through on that. In this real case, the woman was found to be here illegally. She just finally got caught.

Provocative posts that use non sequitur and other fallacious arguments (straw man) annoy me. Simple logic defeated that quickly, although I'm sure not everyone will agree.

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Specializes in Complex pedi to LTC/SA & now a manager.
I worked in public health. We provide care to convicted criminals ie. ax murderers, rapists etc. Are you saying undocumented people should not receive care? What about people with communicable diseases, are we going to not treat people?

No because this has NOTHING to do with immigration status but the intentional presentation of stolen/forged identification when accessing medical care. This is a possible case of insurance fraud. It has nothing to do with immigration status. It has to do with provider's legal obligation to report false identification presented in an attempt to prevent medical & insurance fraud.

If this woman presented the insurance ID card but forgot her other ID the police would NOT have been called.

Not one person said to not treat. There is no duty to treat anyone in an outpatient setting. Only emergency conditions and active labor

You are creating a problem that does not exist. USCIS is NOT involved. Her charges are based solely on presenting and being in possession of fraudulent government issued documents. If she was charged as an undocumented immigrant I can guarantee there would not have been a $35,000 bail set. It would have been higher if not remanded to federal immigration holding center. She would not have been released the next day.

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Specializes in Med-Surg, OB, ICU, Public Health Nursing.

How many undocumented folks will avoid getting care after reading about this? What is the risk?

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Specializes in Hospital medicine; NP precepting; staff education.
How many undocumented folks will avoid getting care after reading about this? What is the risk?

I doubt this will put a dent into it.

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Specializes in Med-Surg, OB, ICU, Public Health Nursing.

We are allowing a front office person decide if a document looks valid. If there were no racism in this country, I might buy the argument about a white woman. However, I don't know this front office person.

I am curious of the practioners were involved in this decision or if they knew what was going on? What message does this send to other undocumented women and what is the risk to the public/communicable diseases? Does the mother of a child with strep throat not bring a child in because she is afraid of deportation?

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