HIPAA and the Undocumented

Jory, MSN, APRN, CNM · Sep 16, 2015

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?

Your office had better make sure that they know how to tell if a document is valid. If they get it wrong and refuse care you have a race discrimination on your hands that you will most likely lose.

Pangea Reunited, ASN, RN · Sep 16, 2015

Does the mother of a child with strep throat not bring a child in because she is afraid of deportation?

This is an issue that the mother must consider when deciding to live illegally in a country.

roser13, ASN, RN · Sep 17, 2015

HIPAA, please. PLEASE, folks!

VANurse2010 · Sep 17, 2015

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?

Undocumented people should not be stealing others' identities or pilfering in fake iDs.

TheCommuter, BSN, RN · Sep 17, 2015

Since this thread pertains to HIPAA either directly or indirectly, we have decided to move it to the HIPAA and Nursing Challenges forum. Good luck to everybody.

sailornurse · Sep 17, 2015

Insurance fraud is the issue. I worked in ER about 13 years ago in El Paso TX. That was when government ID (driver's license/passport/military ID etc) were not required when registering to be seen. A couple of times we caught people using other person's insurance or medicaid. Once a lady had brought in her friends son saying it was her son. We caught it when the ht/weight & allergies did not match. So that is wrong to use someone else's ID, OP have you not heard about Identity Fraud? That is what this woman committed, has nothing to do with the fact that she is here illegally. Another time, 2 women had "switched" to use the other's medicaid, they were similar in age & appearance.

Weird how the article talks about the 22 y/o graduated with degree & 19 y/o is in school. Again trying to "muddy the waters" to obscure the fact that the 22 y/o is also here illegally.

My father & oldest brother were born in Mexico. On first arriving they were detained (my mom is American-born) and instructed to apply for residency which my dad did and eventually earned his US citizenship as well as my brother when he turned 18. But until they obtained citizenship, they were legal residents with a "green card".

jadelpn, LPN, EMT-B · Sep 17, 2015

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?

In your pp you mentioned that she could have been referred to the free clinic. Instead, she chose to use insurance that was obtained using a false identification.

No one said anything about not treating patients.

nurseactivist · Sep 17, 2015

Mexican woman's arrest at clinic 'may deter migrants from seeking healthcare' | US news | The Guardian

I think word would get around the community, after this incident and it would discourage some from seeking health care. I also believe that a child with strep throat should be treated. Do we really want the child to suffer or to spread things around in order to punish the mother? The child goes to school, what is the benefit to the rest of the children in the class? Glad I am from a state that has some common sense.

nurseactivist · Sep 17, 2015

Spelling is my error and I have asked if the moderator can correct the title.

nurseactivist · Sep 17, 2015

In your pp you mentioned that she could have been referred to the free clinic. Instead, she chose to use insurance that was obtained using a false identification.
No one said anything about not treating patients.

What I suggested was if the office did not want to see her, they could have referred her to a free clinic for the undocumented. I don't believe the office met this client's health needs by calling authorities.

elkpark · Sep 17, 2015

Mexican woman's arrest at clinic 'may deter migrants from seeking healthcare' | US news | The Guardian
I think word would get around the community, after this incident and it would discourage some from seeking health care. I also believe that a child with strep throat should be treated. Do we really want the child to suffer or to spread things around in order to punish the mother? The child goes to school, what is the benefit to the rest of the children in the class? Glad I am from a state that has some common sense.

It's the woman's attorney being quoted in the Guardian article, attempting to whip up sympathy for the woman, conflate this with concerns about immigration status, and invoke public health concerns. She's doing to job she's getting paid to do, trying to make her client appear sympathetic in the press. (And in other breaking news, the sky is blue and the sea is wet ...)

JustBeachyNurse, LPN · Sep 17, 2015

It's not a HIPAA violation as it wasn't her identification turned over to the police. Despite the strings the attorney is reaching for....the office did not know her immigration status and just called, as they are legally obligated to, for a false government identification presented to obtain health care services. The ID was obviously false as the number indicated the holder was a male. (Most states have specific ID codes that indicate, age, gender even eye color.