“’Shortly after he learned about the charges against him, that were a direct result of me, I got a call from his psychiatrist.
‘She told me he was ‘homicidal’ and was planning to kill me. The psychiatrist thought the threat was so credible, she broke HPPA laws (the laws that protect medical records of psychos, such as the theater shooter - James Holmes) to warn me.’ “
Psychiatrist had a “duty to warn” if a patient is making a credible threat to kill someone. There are several cases in which Privacy/Confidentiality must be broken. Homicidal ideation with a plan to carry it out is the one time a shrink must contact an individual not just an enforcement agency, I believe.
No, the psych didn’t break HIPAA laws. Any credible threat of homicide or suicide MUST be reported, as per HIPAA.
The psychiatrist didn’t break HIPAA. She observed the Duty to Warn, which takes priority when there is a direct and credible threat.
No, she didn't. (ex-)Reporter really damages her credibility with that statement.
.(j) Standard: Uses and disclosures to avert a serious threat to health or safety -
..(1) Permitted disclosures. A covered entity may, consistent with applicable law and standards of ethical conduct, use or disclose protected health information, if the covered entity, in good faith, believes the use or disclosure:
..(i)
(...A) Is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public; and
...(B) Is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat;
45 CFR 164.512 - Uses and disclosures for which an authorization or opportunity to agree or object is not required.
https://www.law.cornell.edu/cfr/text/45/164.512