Thomas Eric Duncan and Hipaa

Published

So we know his name and face...but why ?

I thought he was protected by Hipaa?

This could be dangerous for him and his family.

Crowds might try to kill them because of panic.

I have seen some people threatening to attacking him.

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Specializes in OR, Nursing Professional Development.

Only those working in covered entities are held to HIPAA regulations. The last update from the hospital indicated he was in critical condition with no other information given out. I don't know where the rest of the information is coming from, but if it isn't those involved in his medical care, they are not bound by HIPAA.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Have you thought possibly he gave permission?

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Specializes in LTC,Hospice/palliative care,acute care.

I don't think anyone will try to kill him,it sounds like the Ebola will take care of that.

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Specializes in ICU, ED.

From the CDC website:

What about sharing protected health information (PHI) with public health authorities?

The Privacy Rule allows for the existing practice of sharing PHI with public health authorities that are authorized by law to collect or receive such information to aid them in their mission of protecting the health of the public.

This practice is described in the preamble to the actual Rule:

"The final rule continues to permit covered entities to disclose protected health information without individual authorization directly to public health authorities, such as the Food and Drug Administration, the Occupational Safety and Health Administration, the Centers for Disease Control and Prevention as well as state and local public health departments, for public health purposes as specified in the NPRM [Notice of Proposed Rulemaking for the Privacy Rule]." (65 F. R. p. 82526)

Which provision of the Privacy Rule addresses the sharing of PHI with public health authorities?

Sharing of PHI with public health authorities is addressed in 164.512, "Uses and disclosures for which consent, an authorization, or an opportunity to agree or object is not required." 164.512(a) permits disclosures that are required by law, which may be applicable to certain public health activities. 164.512(b) explicitly permits disclosures to public health authorities for public health activities:

"(1) Permitted disclosures. A covered entity may disclose protected health information for the public health activities and purposes described in this paragraph [164.512(b)(1)] to:

(i) A public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, including but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions; or at the direction of a public health authority, to an official of a foreign government agency that is acting in collaboration with a public health authority;

(ii) A public health authority... authorized by law to receive reports of child abuse or neglect;

(iv) A person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition, if the necessary for the stated purpose(s); ..." (See 164.514(d)(3)(iii), 65 F. R. p. 82819 for complete requirements)

How much information may be used, requested, or shared?

The Privacy Rule generally requires covered entities to take reasonable steps to limit the use or disclosure of, and requests for PHI to the minimum necessary to accomplish the intended purpose. (See 164.514(d) for specific requirements.)

"A covered entity may rely, if such reliance is reasonable under the circumstances, on a requested disclosure as the minimum necessary for the stated purpose when: (A) Making disclosures to public officials that are permitted under 164.512, if the public official represents that the information requested is the minimum necessary for the stated purpose(s); ..." (See 164.514(d)(3)(iii), 65 F. R. p. 82819 for complete requirements)

(http://www.cdc.gov/nhsn/faqs/FAQ_HIPPArules.html)

There's not a HIPAA violation going on because there are provisions to the law relevant to public health practices. Communicable diseases are required to be reported to local health departments and the CDC for public health purposes - a.k.a, to prevent the spread of disease.

I definitely didn't pay a lot of attention in community health class in nursing school (because our teachers were unbelievably boring), so I don't really know why it's necessary to share Duncan's name. I imagine it's probably related to identifying all possible people who had contact with him, or some other disease surveillance related thing. Or simply because he's the first person diagnosed with Ebola in the US and that's news. But I don't know, I'm not pretending to be an expert here!

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Specializes in Med/Surg, Academics.

Also, on the UT Health press release, it stated that they got specific permission from Duncan to release the information contained in it.

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Specializes in Emergency Department.
Only those working in covered entities are held to HIPAA regulations. The last update from the hospital indicated he was in critical condition with no other information given out. I don't know where the rest of the information is coming from, but if it isn't those involved in his medical care, they are not bound by HIPAA.

My understanding that the people that "outed" him in the first place were people that know him (family or friends) who informed the media that he was the patient everybody was asking about. Since they're not involved in his care, they are not bound by HIPAA or any other privacy law that I'm aware of. The fact that he's in the hospital, and perhaps even in ICU may or may not necessarily be PHI.

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Also, on the UT Health press release, it stated that they got specific permission from Duncan to release the information contained in it.

Oh,i did not see that on MSNBC or Fox News.

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I don't think anyone will try to kill him,it sounds like the Ebola will take care of that.

True.

I guess if he does happen to recover,he would get deported anyway.

Is he a legal immigrant or was he over here on a visiting visa?

So much conflicting info.

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Specializes in NICU.

I could be mistaken, but most of the details I've read have come from his friends /family.

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He is suppose to get married to Louise. Dallas Co is looking into prosecuting him as well.

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Specializes in hospice.

Crowds might try to kill them because of panic.

I have seen some people threatening to attacking him.

They aren't going to get the chance. He's critical and on a vent. I think Ebola will kill him long before a mob has any chance.

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