Posted on 02/20/2010 4:16:53 PM PST by hennie pennie
If it's anything like HIPAA, the individual releasing information does not change the hospital's legal duty to keep the information private. The only way the hospital can release the information is if the patient specifically authorizes the hospital to release it. Even then, the patient has to say who the recipient is, and the hospital is authorized to release it only to that recipient. It doesn't matter if the patient wrote a best seller disclosing every detail of a hospital stay - the hospital is still bound by HIPAA law.
I've only taken a quick look at the Hawaii DOH pages, but I didn't see anything there that said once the information was made public by the person, Hawaii DOH was absolved from the law. The only way to get this released from the DOH is within the law - a court order. The only way to get this from a hospital is for 0bama to sign a release, or someone to get a court order, subpoena or discovery request.
Thank you - I wasn’t thinking of the researcher exemption for aspects of PHI, you’re absolutely right. I can see how a quick read could conflate the research end and the public end. For public release, HIPAA is amazingly strict. It’s changed a lot of common practices - what’s left on answering machines by doctor’s offices, sign in practices at many doctor’s offices, etc.
Hospitals, and even medical groups with electronic records now log who looks at each medical record and you better have a darned good reason to look at a particular record or you’re in trouble.
She’s totally ignoring the requests for non-certified abbreviated copies - which she is REQUIRED to issue to anybody who asks.
But then, she’s totally ignoring a lot of stuff.
The thing that’s so laughable about this whole thing is that by complaining about how much public interest there is, they are documenting that there is at least a “scintilla of public interest” - which is supposed to be the tipping point for disclosure of even documents which are specifically protected from disclosure by law (such as gun registration records). That’s according to current OIP Director Cathy Takase, in her OIP Opinion Letter 07-01, written in mid-2007.
The law should not require the candidate to produce a birth certificate. Rather, it should require the candidate to sign an authorization allowing the state’s election commission to obtain it directly from the state where the candidate was born.
If that's the way you would like to see it produced, then get to work on your state legislature and get that requirement put into your state's law or else a candidate cannot be on the ballot.
I know that there have been four states that started this process of getting such a law on the books, but I haven't seen anyone mention that any of those four states had that specifically mentioned.
So, the best thing to do is to get it introduced into your state and get that law passed... :-)
There’s an OIP Opinion Letter that says that once information is made public or published there is no privacy interest in the information any more. The exception to disclosure that is always cited is the privacy exemption - but if the information is already published - say, in a newspaper or on a website - that information isn’t eligible for the privacy exemption.
Also, the legislative history of UIPA shows that the bill’s exemptions were not intended to close information that had previously been authorized for release. So anything that was authorized for disclosure by law before mid-1988 isn’t subject to UIPA’s exemptions. I’ve posted about it at my blog, documenting what I’m saying.
The birth certificate number and date of birth were required to be publicly-accessible as index data before 1988 so those items are not eligible for the privacy exemption that the DOH keeps using.
I don’t know what the requirements are for the hospital but I can almost guarantee you that Obama was not born in a hospital. Some of the reasons why are posted at http://butterdezillion.wordpress.com/2010/01/11/red-flags-in-hawaii-2/
I couldn't say that he was or wasn't, but I can tell you about HIPAA restrictions. A hospital can't say that someone was born in that hospital without a release from the patient. HIPAA does restrict old data - it doesn't matter if it was released before HIPAA, it can't be released now.
How can that be?
Social Security numbers was created for Tax purposes only??
Without numbers how do employers report income to IRS???
How was the COLB being created on the web sites??
Do we know WHO created it and WHO requested it???
I am still in limbo because I've seen it posted that Hawaii DOH has NOT endorsed it!!!
Here is the question regarding your post: When your usurper got all the 365 votes plus the approval of Dick Cheney and Roberts, did YOU popped the Champagne bottles and danced in the street like the Palestinians do when America is hit???
http://www.youtube.com/watch?v=KrM0dAFsZ8k&feature=player_embedded
I should have been more specific -- the word should have been prospective though I believe that is how the Internet source read.
I believe that non-residents can work here legally using an IRS ID number for tax purposes.
NumbersUSA is doing a great job against illegal aliens!!!
http://www.freerepublic.com/focus/f-news/2456597/posts
The current secretary of state in Cal knew there were allegations against OB's qualifications, yet she simply abdicated her responsibility to the Democrat National Committee's form that was submitted saying he was qualified.
McCain submitted his BC to congress, but as far as we know, no court, secretary of state, congress or electoral college has seen his BC. But to say thet there needs to be a law is to say that the secretaries of state have no power and that their office is purely ministerial.
Lastly, I do not object to any legislation to tighten up on this requirement. I just disagree with the interpretation of the problem.
No, as recall election night, when I saw that McCain and Palin been projected to lose Pennsylvania, I posted something to the effect of “This one is over, MCain has lost,” and then I shut down my computer and had dinner without that bottle of Champagne.
That really surprises me, but good!!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.