should the press be exempt from adhering to HIPAA laws?

Nurses General Nursing

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  1. Should the media be allowed to post private health information without patient consent?

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Jason Pierre-Paul Lost His Finger. Did ESPN Violate HIPAA By Reporting It?

Here's the link to the article:

Jason Pierre-Paul Lost His Finger. Did ESPN Violate HIPAA By Reporting It? - Forbes

Jason Pierre-Paul, the star defensive end for the NFL's New York Giants, had one of his fingers amputated on Wednesday, ESPNreported.

It seems a hospital employee sold the protected health information to a reporter. I have no doubt that they will catch the hospital employee. My concern is that the reporter also stepped over the line and should also be punished. This is about more than an athlete who had his privacy violated; it's about the press being above the law.

Tell me what you think!

Specializes in Pediatrics, Emergency, Trauma.
While most assuredly unethical and just plain wrong, the reporter is not bound by HIPAA nor any part of it.

The employee is in a world of hurt, however.

Exactly...now the person who leaked is going to get more than they bargained for.

I answered, "It depends." In theory, it would be nice, but is it reasonable to expect people in other fields to be HIPAA experts? HIPAA confuses a lot of people who actually do work in healthcare.

I answered, "It depends." In theory, it would be nice, but is it reasonable to expect people in other fields to be HIPAA experts? HIPAA confuses a lot of people who actually do work in healthcare.

People "in other fields" aren't "HIPAA experts" BECAUSE HIPAA DOESN'T APPLY TO THEM. They are not bound by it, period.

People "in other fields" aren't "HIPAA experts" BECAUSE HIPAA DOESN'T APPLY TO THEM. They are not bound by it, period.

Uh, yeah ....that's pretty much what I was thinking. Why are you so angry? :p

Specializes in Emergency & Trauma/Adult ICU.
Uh, yeah ....that's pretty much what I was thinking.

Then I'm not sure where the "it depends" fits into your thinking?

Non-healthcare folks are not bound by HIPAA. There is no "depends".

Then I'm not sure where the "it depends" fits into your thinking?

I think I answered that in my first post, but I'll try to clarify. It would be nice if privacy were respected, but it's not reasonable to expect people in other fields to deal with it. I don't know the legalities of journalism, for example.

The press is not bound by HIPAA as long as the information was legally obtained. If it was illegally obtained they can be held liable for violation of privacy, but they are not bound by HIPAA. That violation would rest with whoever stole the info.

HIPAA is not rocket science.

The only time the press would be upset, is when someone leaks their privileged information.

I wish everyone was held to HIPAA standards. I have to do it, by golly, so should everyone else.

Besides, if I have to hear about Uncle Mike's hemorrhoids one more time....

I personally feel that no one, not even those who work for mass media outlets in television and newspapers, should be exempt from respecting peoples' privacy.

Do you know how many people would not have careers if the press did that ? Rodeo drive would go out of business. On topic, as a pro athlete it would have come out anyway. The employee should get the chop. (job not limbs)

Specializes in Med nurse in med-surg., float, HH, and PDN.
I wish everyone was held to HIPAA standards. I have to do it, by golly, so should everyone else.

Besides, if I have to hear about Uncle Mike's hemorrhoids one more time....

I remember back in the early 80's (pre-HIPAA?) when the newspapers were full of stories about President Reagan's hemmorhoids; it just flipped me out. I kept saying "WHY do we need to know about Reagan's hemmorhoid surgery?" It's not like it affected his overall health, and it was no threat to national security. Can't a man's rectal woes remain private? Geeezzz!

Never mind HIPAA.....how about discretion? It's absolutely ridiculous to make that information international news.

Specializes in OR, Nursing Professional Development.

Should the press be exempt from adhering to HIPAA laws? Well, seeing as they aren't a covered entity, it's a non question as they already are. Was posting the picture sleazy, an invasion of privacy, and unethical? Yes, but it isn't illegal. The person who took the photo, provided they are a covered entity, is in for a world of trouble. I would not want to be an employee in that OR right now.

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