Andrea Yates Psych MR Online - HIPAA Violation?

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First of all, I hate to be so sensationalistic, but since the last thread on here about Andrea Yates, I have done a lot of studying about the case. Rusty Yates, her now ex-husband, has created a website done in memory of the children. He has also seen it fit in some way to also post her entire inpatient psych medical record online. I know that Rusty has sufered a lot, but I'm wondering why did he do this? This was before the divorce. I think that this would be an invasion of her privacy. Wouldn't this be a violation of HIPAA? I don't know whether he got her approval ahead of time.

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It might not be, if it was made public at her trial.

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Specializes in cardiac/critical care/ informatics.

IF he has the file, I don't think that he is bound by HIPPA, idk for sure it is just my thinking. I also agree with the op if it was offered in the trail then it is public record.

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Specializes in Nurse Scientist-Research.

If he was not a part of her care team then he is not violating HIPAA. If you are a member of the general public, HIPAA does not apply to you. I find there is much confusion regarding this. Not as to whether it is right or ethical to put her record on-line, that's a whole 'nuther topic. But as far as I know he doesn't have any HIPAA restrictions regarding this.

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Now I am just a pre-nursing student so I haven't been taught anything about HIPAA yet, but since he was her ex-husband and not anyone member of the healthcare team that worked with her, doesn't HIPAA not apply to him? I was always under the impression that HIPAA was for doctors, nurses, techs, aides, and other healthcare workers.. I could be wrong though :)

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I don't know... if it were me, I'd be pretty upset. I know it was available at the trial, but I'm wondering about the necessity of putting it online. Maybe he wants everyone to know how she was mistreated at the last facility she was in. I would hope that doctor is at least reprimanded by the Texas State Medical Board, for the very least insurance fraud - some days he would not even show up to see her, and yet he charged BCBS, the Yates' insurance company, $150/visit.

I guess I see it as invading her privacy. What she did was horrible, but placing her private MR in a public place... :uhoh21:

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Specializes in LTC, home health, critical care, pulmonary nursing.

He was not a healthcare worker involved in her care, so HIPAA is a hill of beans to him.

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Specializes in LTC, assisted living, med-surg, psych.

Even though I have absolutely no sympathy for Andrea Yates, I'm hard put to muster any for Rusty either, and I think this latest act is despicable. Her life has already been dissected for the masses; what is he trying to prove by making her look even more pathetic than she already does? What a world-class JERK...........I wonder how long it'll take his new wife to lose her marbles.:uhoh3:

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Specializes in Med/Surg, ER and ICU!!!.

:angryfire I have NO SYMPATHY what so ever for Rusty.:devil: He knew that something was going on with that women. She did it, but I believe he deserves time behind bars as well. Surely, Andrea told him she was having problems. He did nothing. I HAVE A BIG PROBLEM with that.

I worked for Dallas Cty Sheriff Dept. for a while and we had a high profile baby killer, and I have done alot of reading up on her, including 2 books. I just do not see how the husbands in either case couldnt see that something was going on.:angryfire :angryfire

As for the whole HIPAA thing, I would think that her lawyers would want to public to know of her psych situation to have a better understanding of her. She has bigger problems right now than worring about HIPAA violations.

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Specializes in Case mgmt., rehab, (CRRN), LTC & psych.

Don't prisoners lose some of their rights to privacy?

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Specializes in nursing homes, home health..

I wouldn't waste my time worrying about Rusty's feelings as the man doesn't seem to have any. He knew he shouldn't have anymore kids and just went on his merry way. I don't think what happened was that much of a surprise to him and I don't think he is suffering. While I pray Andrea never sees freedom again I also think a murderer was allowed to get off free. Namely her husband. And now he has found someone else to keep him company. Don't be surprised when it is announced there is another baby on the way.:angryfire

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I agree that Rusty should have been tried as well. I am from the area where Andrea and Rusty lived so I have been very interested in her case from the very beginning (not to mention my grad. degree and career is in psyc.). I feel so badly for Andrea and her family (excluding Rusty). Andrea was not in the proper frame of mind to seek psychiatric help nor make appropriate decisions regarding her care. Rusty should have gotten her the help she needed and followed her doctors advice of not having any more children. I know this is a controversial stance, but I feel he should be the one is prison, not her. I am so glad she had a re-trial with a better outcome.

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