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majorrich's avatar

Did the President issue executive orders for Physicians to violate HIPAA?

Asked by majorrich (12411 points ) January 16th, 2013

I am reading through today’s executive orders and it appears that in several instances he is asking healthcare providers to violate HIPAA to report gun stuff to law enforcement. Am I misreading them? HIPAA is drilled pretty deep into our skulls.

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4 Answers

WestRiverrat's avatar

I haven’t read the executive orders yet, but there is often conflict between different legislation. I would err on the side of the law that was passed by congress over the executive order’s guidelines.

sinscriven's avatar

I’m confused as to where you see anything like that. I read the general factsheet about the executive orders and I don’t see anything that is relevant to HIPAA at all.

Healthcare providers have always been mandated to report instances of certain and potential violence to the police regardless of the patient’s wishes, nor have physicians been restricted to asking about the lifestyle of their patients as that is highly relevant to their care.

But I don’t see how gun ownership is PHI, or can be PII.

majorrich's avatar

I was looking at #16, but I see it doesn’t specify reporting. That part refers to the ACA (Obamacare) I don’t know about reporting there. If so then that might be a violation. The whole thing seemed to be a ‘guys, do your jobs’ kind of thing.

MollyMcGuire's avatar

It’s nothing new for physicians to contact police if a patient who appears a threat to her/himself or others and who professes to be armed. The police will come to the doctor’s office and get the gun and the patient will be admitted on a 72 hours hold
.

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