HIPAA and the Undocumented

sallyrnrrt, ADN, RN · Sep 20, 2015

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.

in rural SETexas, small community hosp. ER, very apparent non citizen, (legal or illegal?).....comes in for care, gets care, claiming no ID,etc..... Care given, referral to sources to help with "the bill"......saddest thing, when a similar patient was really sick, and needed transfer to higher acuity care hospital....the patient, sometimes was in fear their "status". being identified, than potential health outcomes..... Now we just did not have the false document situation very much.....

Here.I.Stand, BSN, RN · Sep 20, 2015

Evidently you haven't been the victim of identity theft. If you had been, you would be concerned

Well said.

Years ago, my husband's bag was stolen from his locker at the gym. The guy smashed the hinges on the locker and removed the door while he was working out. In his wallet we're two credit cards, a bank card, his green card (you know, that thing the INS gives when one has taken the legal steps, and given legal permission to claim legal US residency)...his drivers license and keys....

We didn't know who the thief was. But he had our keys and our home address from the drivers license. We had to get our locks changed. He had to deal with the credit card companies, bank, DMV, and headache of headaches, the INS.

I don't know how it works legally, but morally if someone caught this lowlife using my husband's documents and said nothing to the authorities, I would consider them morally an accessory.

I'm curious OP, do you consider a clinic a sanctuary from all legal accountability? Say a female bank robber is on the run with her child, her face has been on the news...does her perceived "right" to a non-emergent clinic visit trump the rights of those who she stole from, and those who she traumatized in the robbery?

Or is it only those who break immigration law who get special consideration? Honest question.

Yodi23 · Sep 21, 2015

I have a question about possible HIPAA violation. If I am talking to someone and mention "I met Mrs. X today when she brought her husband to the ER and she was talking about how much she really likes you and gave you several complements." and then that person texts Mrs.X and ask "Hey, (my name) told me that Mr. X was in the ER. How is he doing?" - is that a HIPAA violation because I mentioned his name but gave no medical information about him or why he was in the ER?

Mulan · Sep 21, 2015

Illegal immigrant pleads guilty in 'total identity theft' case in 18-month prison deal | Fox News

"WICHITA, Kan. â€“ An illegal immigrant accused of assuming the persona of a Texas teacher pleaded guilty Monday in a case that put a face on the growing crime of "total identity theft" in the United States."

"Benita Cardona-Gonzalez, a Mexican national living in Topeka, pleaded guilty to a reduced charge of possessing fraudulent identification documents in a deal with prosecutors that calls for an 18-month prison term."

"The 32-year-old was accused of completely assuming the persona of Houston elementary school teacher Candida Gutierrez, who first went public in a story by The Associated Press. Gutierrez recounted how the thief not only opened bank and credit accounts, but assumed her entire persona â€” using it to get a job, a driver's license, a mortgage, food stamps and even medical care for the birth of two children. All the while, the crook claimed the real Gutierrez was the one who had stolen her identity."

"Gutierrez first learned her identity had been hijacked when she was turned down for a mortgage nearly 12 years ago. Both women claimed they were identity theft victims and sought new Social Security numbers. The Social Security Administration turned down the request from Gutierrez, instead issuing a new number to the woman impersonating her. In another twist, Gutierrez was forced to file her federal income tax forms using a special identification number usually reserved for illegal immigrants."

BuckyBadgerRN, ASN, RN · Sep 21, 2015

Yes violation. You can't mention anything about who you saw during the course if care given to a patient. "Brought her husband into er" kind of falls under that, don't you think?!

I have a question about possible HIPAA violation. If I am talking to someone and mention "I met Mrs. X today when she brought her husband to the ER and she was talking about how much she really likes you and gave you several complements." and then that person texts Mrs.X and ask "Hey, (my name) told me that Mr. X was in the ER. How is he doing?" - is that a HIPAA violation because I mentioned his name but gave no medical information about him or why he was in the ER?

elkpark · Sep 21, 2015

I have a question about possible HIPAA violation. If I am talking to someone and mention "I met Mrs. X today when she brought her husband to the ER and she was talking about how much she really likes you and gave you several complements." and then that person texts Mrs.X and ask "Hey, (my name) told me that Mr. X was in the ER. How is he doing?" - is that a HIPAA violation because I mentioned his name but gave no medical information about him or why he was in the ER?

Yes, just disclosing he was in the ED is enough to be a violation. Why on earth couldn't you just say "I ran into Mrs. X the other day and she was talking about how much she really likes you ..." without dragging Mr. X and any medical issues he might or might not have into it?