“SEC. 1177. (a) OFFENSE.—A person who knowingly and in violation of this part—
“(1) uses or causes to be used a unique health identifier;
“(2) obtains individually identifiable health information relating to an individual; or
“(3) discloses individually identifiable health information to another person,
shall be punished as provided in subsection (b).
“(b) PENALTIES.—A person described in subsection (a) shall—
“(1) be fined not more than $50,000, imprisoned not more than 1 year, or both;
“(2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and
“(3) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.”
There isn't an exception for the press or the fact that someone gave you the info. Not only that the NY Times would be publishing the info for commercial advantage, personal gain and depending on if it could be proved in a court of law malicious harm.
If it isn't based on actual health record info you'd have to have something far more than “he said she said” to go with a story. Oh, wait, we are talking about the NY Times who ran the story about McCain having an affair that was so well sourced and documented.
If this is the case, then aren’t they in violation of HIPAA by claiming a previous pregnancy for the teen???? Especially if she had been treated for the mono by a physician.
Few realize it, but that HIPAA privacy law started out as HillaryCare. It’s all she could get through. It would be a very appropriate club to use on the Slimes.
I think you may be right