(12-27-2018 11:02 AM)JDTulane Wrote:  

(12-27-2018 10:57 AM)mlb Wrote:  

(12-27-2018 10:52 AM)JDTulane Wrote:  

(12-27-2018 10:49 AM)mlb Wrote:  

(12-27-2018 10:46 AM)JDTulane Wrote:  I agree that this would likely be a minor HIPAA violation. Irresponsible for another doctor to be making these claims.


THAT SAID: are any of us surprised that President Draft Dodger's claims of bones spurs are false?

There really isn't a "minor" violation. In this case it is an intentional release of personal health information hence the fine would be greater than unintentional. Any time the breach happens due to neglect or someone does it intentionally (specifically in a leak to the media) you risk a larger fine.

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I just meant that the likelihood of her receiving the high end was low. You're correct this would be tier 3. So like, what, a $10k fine? Who has the file the complaint? Trump?

I don't see him doing that as it would give credence to her claim. I'm ignorant as to who else can file the complaint.

I don't think it has to be reported by him. And I have no idea of the personal fine amount. They made them larger a few years back. Her employer could be on the hook for greater than 7 figures in theory.

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While possible, would never happen. 7 figure violations go to major data breaches where tens of thousands of patients see their data released.... and not just a hearsay release but swath of medical records.

I think you're out of your depth here... HIPAA is not like most laws. It's very cut and dry.

Large fines are not merely reserved for large data breaches... they are reserved for a failure to take precautions. You don't even have to have a release of data, and CERTAINLY not a complainant in order to have a $1mm fine. A company in my business was recently fined $1mm because they had an employee who accessed her own record.... and they caught her but didn't severely discipline her. Three months later she looked up her aunt's record... no authorization on file nor clinical reason to do so. She claimed her aunt asked her to look something up and her aunt said that she did... but they were still fined $1mm.

The size of the breach is not the issue, it's the degree of negligence.

This is an intentional release of obviously private information. The potential to allow say the National Enquirer (or the D or RNC) to pay someone 7 figures to do something with a 5 figure fine would be reason enough to enforce a massive penalty. This was not only an intentional release, but one likely done with at least SOME degree of malicious intent.

Because it's political, it probably doesn't become a major fine... but if I did this to an average Joe, I'd be fired immediately and my company would face a substantial fine.

(12-27-2018 10:46 AM)JDTulane Wrote:  I agree that this would likely be a minor HIPAA violation. Irresponsible for another doctor to be making these claims.


THAT SAID: are any of us surprised that President Draft Dodger's claims of bones spurs are false?

What branch of the military were you in? What? I served and really I don't care if Trump was able to muster an exemption or what. You're like a friend of mine who calls Trump the same thing as you and he didn't serve a minute in the military. I guess when you don't serve you can throw stones at those that didn't either.

(12-27-2018 09:35 AM)mlb Wrote:  Definitely a HIPAA violation. My employer would terminate me immediately and report me to the government in this scenario.

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you would get fired for talking to the press long before a minor HIPAA violation...those happen ever day in the Pharmacy world with few if any real repercussions.

(12-27-2018 07:44 PM)olliebaba Wrote:  

(12-27-2018 10:46 AM)JDTulane Wrote:  I agree that this would likely be a minor HIPAA violation. Irresponsible for another doctor to be making these claims.


THAT SAID: are any of us surprised that President Draft Dodger's claims of bones spurs are false?

What branch of the military were you in? What? I served and really I don't care if Trump was able to muster an exemption or what. You're like a friend of mine who calls Trump the same thing as you and he didn't serve a minute in the military. I guess when you don't serve you can throw stones at those that didn't either.

[/rollseyes]Enjoy your tricare and have fun at the VFW lodge but serving doesn't make you a better person than him nor does it take away his right to point out an elected leaders shortcomings

(12-27-2018 07:44 PM)olliebaba Wrote:  

(12-27-2018 10:46 AM)JDTulane Wrote:  I agree that this would likely be a minor HIPAA violation. Irresponsible for another doctor to be making these claims.


THAT SAID: are any of us surprised that President Draft Dodger's claims of bones spurs are false?

What branch of the military were you in? What? I served and really I don't care if Trump was able to muster an exemption or what. You're like a friend of mine who calls Trump the same thing as you and he didn't serve a minute in the military. I guess when you don't serve you can throw stones at those that didn't either.

I've never attempted to dodge a draft. ¯\_(ツ)_/¯ And Trump throws stones at our military service men and women and our veterans all the time. LOL

(12-27-2018 08:07 PM)JDTulane Wrote:  

(12-27-2018 07:44 PM)olliebaba Wrote:  

(12-27-2018 10:46 AM)JDTulane Wrote:  I agree that this would likely be a minor HIPAA violation. Irresponsible for another doctor to be making these claims.


THAT SAID: are any of us surprised that President Draft Dodger's claims of bones spurs are false?

What branch of the military were you in? What? I served and really I don't care if Trump was able to muster an exemption or what. You're like a friend of mine who calls Trump the same thing as you and he didn't serve a minute in the military. I guess when you don't serve you can throw stones at those that didn't either.

I've never attempted to dodge a draft. ¯\_(ツ)_/¯ And Trump throws stones at our military service men and women and our veterans all the time. LOL

....says he's never attempted to dodge the draft (which he's never been required to fulfill) ......yet dodged a ban bet.

yep, so believable.

A story made up by someone with no proof what so ever gets two pages of debate here. We really don’t have anything else to do?

(12-27-2018 08:04 PM)UofMemphis Wrote:  [/rollseyes]Enjoy your tricare and have fun at the VFW lodge but serving doesn't make you a better person than him nor does it take away his right to point out an elected leaders shortcomings

So which is it? Is not serving a shortcoming or does serving not make you a better person. You're arguing against yourself here. If serving doesn't make you better, then how is not serving a shortcoming?

Really, I find it very amusing that the 'anti-war' party who burned draft cards, marched chanting 'hell no, we won't go' and protested war for decades is now bad-mouthing their own actions. I'm just waiting for them to turn on Jerry Garcia, Abbie Hoffman and the Chicago 7. Rennie Davis is now a Venture Capitalist and another member became a State Senator

(12-27-2018 08:07 PM)JDTulane Wrote:  I've never attempted to dodge a draft. ¯\_(ツ)_/¯ And Trump throws stones at our military service men and women and our veterans all the time. LOL

As a group or as individuals?

Being a veteran doesn't make you above reproach. It may well have happened, but the vast majority of the 'all the time' that I've seen has been directed at individuals for their individual issues and not at military members in general.... and while of course opinions will vary, I've never met a single member of the military who didn't have something bad to say about someone else in the military.

(12-28-2018 02:28 PM)SoMs Eagle Wrote:  A story made up by someone with no proof what so ever gets two pages of debate here. We really don’t have anything else to do?

Meh... most of the conversation has centered around what is and is not a HIPAA violation... and the apparent changes in the tide where the anti-war party now hates draft dodgers and the 'warmongers' elect a draft dodger.... not the story itself.... other than as the reported facts pertain to HIPAA. It seems clear that lots of people, even many who are closely involved in law, don't fully understand it

The release of private medical information is a big and current issue... and if someone would pay 7 figures (because of the 'whom') for something for which the penalty a $10,000 fine... privacy would simply be for sale.