The hospital is subject to an enormous fine for disclosing the medical records.
Did the hospital release the records? Doubtful.
He was so injured that the medical treatment (heresay rule exception) feared he DID have such an injury.
There were injuries. CNN has confirmed the officer was sent to the hospital. Broken eyesocket diagnosis was done. Injuries were present.
CNN declares officers guilty, no evidence of sunburn.
People can be held accountable and lose their licenses and there are huge fines - unlike when Obama breaks the law.
Under the 2009 HITECH Act and the 2013 Omnibus Final Rule, total Civil Monetary Penalties for violations of an identical provision in a single calendar year are capped at $1.5 million. The single violation is unlikely to result in a fine of more than $50,000.
Remember that the violation did not cause physical harm, financial harm, or harm to an individual’s reputation, nor hindered an individual’s ability to obtain healthcare.
HIPAA doesn't magically apply to individuals like Don Lemon, or you, or me, or to CNN. It applies only to 'Covered Entities,' which is defined as healthcare providers, healthcare plans, and healthcare clearinghouses. Covered Entities are responsible for entering into Business Associate Agreements (a defined term) with their Business Associates (a defined term) who have access to patients' Protected Health Information (a defined term).
HIPAA in no way applies to Don Lemon or CNN.
Soon as Eric Holder arrives, he'll straighten out this little misunderstanding!
Cuz his iPhone's got special Top Secret Apps installed that you'll never find in your Apple Store or Google Store. Heh heh.
Like one called: "Exemptions, Exceptions, Executive-Orders & Pardons Wizard".
He swipes the top-level list down to "Exemptions".
Then swipes the level-2 list down to "HHS-Issued Exemptions".
Next list: skip past hundreds of Obamacare related items, down to "HIPAA".
Next level: swipes down to "Unauthorized Disclosure of Individual's Confidential Medical Records"
A form pops up to fill in:
* Name of alleged victim/patient:___________
* Name of Medical Institution:___________
* Name of alleged "Discloser" of Confidential Info:___________
- Add Another Discloser Name...
* Nature of Allegedly Leaked Info__________
INSTRUCTIONS: Enter a few key words, and within 4 hrs our legal team
will supply exact language describing the alleged violation.
OR: If you don't have time to wait, select "Blanket Exemption" here ...
* Delay (minutes) desired before automatically appears on White House.gov
* Issue a Press Release? (y/n)
- Which outlets? Select between 1 and all of following pulldown list...
- For each Media organ, select means to communicate news of new ruling:
o SMS/Email/Tweet/facebook/"Confidential Source" Briefing Robocall/
RegularSnailMail/SnailMailWithNoPostageAndKnownObsoleteAddress/...
- Add-Ons for Press-Release:
Standard List of Spin-Memes to append:
o "The Do-Nothing Congress forced us to act"
o "The American People have emphatically told us they want this"
o "It's Bush's Fault" / "The Dubya Made Me Do It"
o .......
- If backpedaling/disowning the story later becomes necessary,
provide BackPedaling instructions for Media: [ONLY for
Media outlets subscribing to our Auto-Spin/BackSpin service]:
o Ignore it.
o "Innocent mis-statement."
o "With our nation's infrastructure crumbling around our ears,
how can you possibly focus on such a trivial issue?"
o Wrong button pushed by summer White House intern
(underaged, so can't release name).
o Wrong button pushed by summer intern whose inadequate
training is due to sequester cuts from the Do-Nothing House.
o "It's *still* All Bush's Fault, dammit!"
o .......