About HIPAA

The other day a certain politician was asked by a reporter if she was vaccinated, and she replied that even to ask her this question was a violation of HIPAA. This resulted in HIPAA trending on Twitter for a bit, and made me think to write this blog entry explaining what the actual law means, since a lot of people have misconceptions about it and since it is an issue that occasionally pops up in the missing persons world.

The term is HIPAA, not HIPPA. It is often misspelled. It stands for “Health Insurance Portability and Accountability Act” and was passed in 1996. What it basically means is that except in a few circumstances, your health care providers are not allowed to share your medical information with others without your permission. This is a super serious thing and a violation can mean serious consequences for the violator’s career.

Health care providers aren’t even allowed to share medical information with the police without permission from the patient, unless the police can get a court order requiring them to disclose it.

The thing that should be emphasized is that HIPAA applies ONLY to health care providers, not to anyone else. Your doctor, your nurse, your pharmacist, etc., could be punished with a large fine and/or suspension or revocation of their license to work in the field if they disclose your medical information without your consent. The patient could also sue the provider for the privacy violation. I think the violator could even face criminal charges in certain instances, though I’m not 100% sure on that.

If your best friend gets diagnosed with a sexually transmitted disease and tells you and you gossip about it to others, that’s not a nice thing to do, but you would not be in violation of HIPAA unless you were also your best friend’s health care provider. If your best friend gets diagnosed with an STD and their doctor tells you about it and you gossip about it to other people, the doctor would be in violation of HIPAA, but you would not be, since you’re not the care provider in this situation.

Several times I have been accused of committing a HIPAA violation just by writing about a missing person’s medical conditions. But if I find out, one way or another, that a missing person had a certain disease and put this information on the Charley Project, that’s not against the law.

Nor is it against the law for anybody to ask anybody else about their medical information (as the reporter did with the politician). The person certainly does not have to answer the question if they don’t want to, but it’s not illegal to ask them, nor is it illegal to publish the information if it becomes available.

12 thoughts on “About HIPAA

  1. Aimee July 21, 2021 / 11:54 am

    Thanks Meaghan. Good to clarify these things.

  2. Ellen Tallabas July 21, 2021 / 12:20 pm

    Hi Meaghan. The HIPAA thing can be very hard on people like me trying to get hold of Anthony’s records since he just disappeared… My news is, and I have been trying to email you but it keeps popping back. With great sorrow I wish to inform you Anthony Johnson was declared dead on June 30, 2021. The VA did a presumptive death review on July 9, 2020 so that is the official date of Presumptive Death. My 65th Birthday. He IS still missing. Thank you for everything you do. ❤️ Love, Ellen Tallabas-Johnson

    • Meaghan July 21, 2021 / 12:21 pm

      I hope you get answers someday.

    • lacy July 22, 2021 / 1:11 am

      I too hope the answers will come through, Ellen. God bless. Please stay strong and know that we are with you. ❤️

  3. Arie July 22, 2021 / 5:22 am

    And what about your employer, is she/he allowed to ask you this question? Here in the EU where I reside they are definitely not allowed to ask you that.

    • Meaghan July 22, 2021 / 6:38 am

      They can ask if it’s a matter of fitness for the job. Like, if someone is applying for a job as a pilot, the airline would ask if they have a history of seizures. And many employers make their employees take drug tests.

  4. Mike Goad July 24, 2021 / 10:59 am

    Good explanation. I knew that MTG was wrong when she said it.

    So far as employers, the company I worked for provided on-site physicals for certain categories of employees. It was a nuclear plant and, for licensed operators, had to provide some information to the federal government who, under some circumstance, would put restrictions on their licenses. Some of that info would certainly be restricted under HIPAA, but was required under other federal regulations.

    • Meaghan July 24, 2021 / 3:39 pm

      MTG is a moron but I’m glad she gave people this opportunity to learn what HIPAA actually is.

  5. Cherie July 26, 2021 / 5:39 pm

    Hi Meaghan,

    This is off-topic, but do you know what happened to the “i did it for jodie” blog? I found out about it through your blog and have been following it for a while, but it seems to have been shut down?

    • Meaghan July 26, 2021 / 5:57 pm

      I don’t know what happened to it. It’s a shame; I really liked it.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s