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To: neutrino
So, you suppose that India or China will let us extradite some local on the basis of a HIPAA violation?

Earlier, someone argued that the HIPAA cannot be "violated" overseas . . . I'd like to figure that out before getting into an argument with you.

Incidentally, if your medical records are stolen, do you think your lawyer will go after the medical-provider, or simply consult you to let the state prosecutor's office handle the case?

18 posted on 03/20/2004 5:24:37 AM PST by 1rudeboy
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To: 1rudeboy
Earlier, someone argued that the HIPAA cannot be "violated" overseas . . . I'd like to figure that out before getting into an argument with you.

I understand. But we're getting into a fairly serious question about the competent jurisdiction of the courts. U.S. laws really don't apply outside our borders. For example, there was a student in the Philippines who released a computer virus - you may recall this - and because this was not against the law in the Philippines, the little miscreant was NOT prosecuted.

Now suppose that a doctor contracts with a company out of India to do some things. Suppose further that the offshore company makes many promises, all in writing, that they will comply fully with all applicable laws - and then, they don't. Is the doctor in criminal violation? I wouldn't think so. Is the offshore company? I'm not so sure. Your test appears to be that if a company does business here, they're subject to our laws - but are they? If a German company sells me a widget, are they automatically subject to the entire body of U.S. law? For that, we'd need to really get into recent precedent.

Even if the offshore company is theoretically criminally liable, the practicality of pursuing them seems daunting. Prosecuting our hypothetical doctor might please some (Me!!!) because it would discourage offshoring, but it seems rather unfair.

Civil suits have similar challenges. I'm aware that sometimes foreign citizens seek to sue U.S. companies in the U.S. because our courts tend to award big damage judgments - as for what we could expect from foreign courts, I have my doubts.

Incidentally, if your medical records are stolen, do you think your lawyer will go after the medical-provider, or simply consult you to let the state prosecutor's office handle the case?

But the state office can't do that. HIPAA is a federal law, and as such must be tried in federal court by a federal prosecutor. That's possible, but they're busy people - and I've got my doubts that they're going to prosecute kindly old Dr. Jones just because someone revealed the Neutrino has very small mass.

As for a civil suit, it's hard to get a lawyer interested if the damages are less than $100,000. I know of a case where a child in a hospital was unable to swallow and the chart specified that all food had to be pureed. The kid was fed a piece of meat the size of a cigarette package, choked, and died. The jury awarded...nothing. So I doubt I'd get to cash out on that one.

22 posted on 03/20/2004 5:40:14 AM PST by neutrino (Oderint dum metuant: Let them hate us, so long as they fear us.)
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To: 1rudeboy
You've identified the problem. Most likely the only recovery available to an aggrieved US citizen whose records were compromised is a big fat PI-led damage suit.

THAT'S why the warnings are out there. Beyond that, it's likely (think Alabama) that a damage suit will prevail, leaving the Covered Entity to recover from its Indian subcontractor.
37 posted on 03/20/2004 6:50:46 AM PST by ninenot (Minister of Membership, TomasTorquemadaGentlemen'sClub)
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