HIPAA and the Undocumented

Nurses HIPAA

Published

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

What can you expect from Texas? Same state where a hobbyist teenager with the wrong type of name and skin color can get arrested for making a makeshift clock that looks like a bomb. At least the receptionist was right in this case, that the patient in question had a fake ID.

Specializes in HH, Peds, Rehab, Clinical.

I find ILLEGAL acts dispicable. Sorry, I don't use the "PC" term of undocumented. Call a spade a spade!

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.
Specializes in HH, Peds, Rehab, Clinical.

You keep on ignoring the facts of the article that YOU posted. She wasn't refused care based on her illegal act of being in this country. They didn't refuse to treat her because of an inability to pay the bill. They notified the proper authorities because she found it acceptable to provide forms of identification that did not belong to her. Are you OK with this? THESE are the facts of your original post.

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?
Specializes in HH, Peds, Rehab, Clinical.

Who do you think should be making this decision? Are YOU trained to do so? I know I'm not. Again, you are trying to place the focus on a totally irrelevent (to your OP) topic!

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?

Specializes in HH, Peds, Rehab, Clinical.

If that was MY ID that this woman had in her possession, I'd certainly feel that MY needs had been met by the office calling the authorites. Your ability to see past the end of your nose and have empathy for anyone other than this illegal alien is telling...

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

There are two other advocates quoted in the article. Before anyone goes off on "advocates" that was my job. To adovocate that the public receive health care.

I personally believe, after 40 years as an RN, I am due the respect of not being told the, "sky is blue and the sea is wet." I also believe posters don't need to yell "YOU" at me. I did not post to start a cat fight.

I posted this because I am trying to understand all points of view. I may not agree with them, but at least gain some understanding. I thought the poster who provided info. on her father's green card was useful.

"Advocates protest Latina immigrant's arrest at Texas doctor's office"

In the history of history has an advocate ever supported an immigrant's arrest? Why is this news and what does it have to do with HIPAA?

P.S.

AN needs to create a "hot button" section for this kind of political stuff, flu vaccines, grammer and pen related issues.

There are two other advocates quoted in the article. Before anyone goes off on "advocates" that was my job. To adovocate that the public receive health care.

I personally believe, after 40 years as an RN, I am due the respect of not being told the, "sky is blue and the sea is wet." I also believe posters don't need to yell "YOU" at me. I did not post to start a cat fight.

I posted this because I am trying to understand all points of view. I may not agree with them, but at least gain some understanding. I thought the poster who provided info. on her father's green card was useful.

I would still be interested in seeing what your response would be if it were your identify that were stolen and used fraudulently.

Specializes in HH, Peds, Rehab, Clinical.

Me thinks OP is never going to go down that road!

I would still be interested in seeing what your response would be if it were your identify that were stolen and used fraudulently.

Arrested for making a clock that looked like a bomb?

Here's your sign!

What can you expect from Texas? Same state where a hobbyist teenager with the wrong type of name and skin color can get arrested for making a makeshift clock that looks like a bomb. At least the receptionist was right in this case that the patient in question had a fake ID.[/quote']
Specializes in Med-Surg, OB, ICU, Public Health Nursing.

I have been asked what I would have done. I am a public health nurse. I think I would have said the ID is not acceptable and referred her to a free clinic.

I would not have pretended we were going to see her, notifiy authorities (I believe knowing that she would be arrested/deported). I am not a police officer. In the same way, if a patient revealed to me that they had unpaid parking tickets. I would not take it upon myself to notify Parking and Control.

The reason I mentioned HIPAA and the question for me is, does revealing a patient's mere presence in a clinic violate medical privacy? Well, if it were a fertility clinic, I believe it does.

Specializes in HH, Peds, Rehab, Clinical.

You were also asked how you'd feel if the woman (or ANYONE) presented YOUR personal identification as their own in order to obtain a service...

I have been asked what I would have done. I am a public health nurse. I think I would have said the ID is not acceptable and referred her to a free clinic.

I would not have pretended we were going to see her, notifiy authorities (I believe knowing that she would be arrested/deported). I am not a police officer. In the same way, if a patient revealed to me that they had unpaid parking tickets. I would not take it upon myself to notify Parking and Control.

The reason I mentioned HIPAA and the question for me is, does revealing a patient's mere presence in a clinic violate medical privacy? Well, if it were a fertility clinic, I believe it does.

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