“As far as law goes, which takes precedence, regs. for truckers, or HIPPA? Where would T. Jefferson or J. Adams come down on that?”
No way was the hospital arguing HIPPA.
Unless everyone is changing the story and the article and everyone who said it was a fifth amendment issue yesterday is wrong.
Say what? The Fifth Amendment protects individuals against being compelled to testify against themselves. Somebody is very confused about the Constitution. Who is it, you or this "everyone yesterday" that you're indirectly citing?
There was no criminal case or even suspicion stated regarding the trucker — the 5th Amendment does not apply.
But from spending what seems like most of the last 3 years tied up with my P’s health problems, hospitals and caregivers, I can guarantee you HIPPA and Hospital Policy derived from it are EXACTLY why the nurse had to say no. Ask any Health Care professional.
This is a fairly long thread, but, I do not recall any of the healthcare professionals on this thread alluding to 5th amendment concerns. I did reread the article just now; it does not refer to 5th Amendment concerns either. HIPPA violations are what the nurse could have been fired for (as well as disobeying Hospital Policy and a supervisor) if she had acquiesced to the detective.
You Finnegan, me Kirk, in the end. :-)