Posted on 07/08/2024 8:07:41 AM PDT by The_Media_never_lie
“Required by law means a mandate contained in law that compels an entity to make a use or disclosure of protected health information and that is enforceable in a court of law. Required by law includes, but is not limited to, court orders and court-ordered warrants; subpoenas or summons issued by a court, grand jury, a governmental or tribal inspector general, or an administrative body authorized to require the production of information; a civil or an authorized investigative demand...”
https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164
Congress probably has reasonable cause to require production under Amendment XXV.
Joe’s doctor might get to kvetch with Steve Bannon.
HIPAA law is beyond my scope of knowledge.
I don’t know for sure if those words are applicable.
Possible state law:
Before a candidate may be place on a ballot for president, the following must be submitted by the candidate:
1. MRI brain scans of the candidate taken within the last 30 days of sufficient scope to be able to both demonstrate and rule out dementia to the extent MRI technology allows
2. Min-COG results of the candidate taken by a US licensed physician
3. SLUMS results of the candidate taken by a US licensed physician
Joe probably isn’t going to be able to evade the medical truth coming out.
https://www.hhs.gov/sites/default/files/privacysummary.pdf
Somebody should have suspected something weird going on. A doctor making (White) house calls? Doesn’t happen.
Under 25th§4, as currently implemented, VP and part of Cabinet, and only them, could start a process which potentially could lead to a process under which Congress must decide whether to believe a President's claims that he is still competent or VP+'s claims he in not. In that case Congress would need to know all relevant POTUS medical information and the explicit Constitutional process would clearly trump all medical and other privacy issues, including HIPAA. Process hasn't yet been triggered so that's not currently relevant, but we're probably closer to it than at any time in the history of the 25th.
Moreover, the first sentence of 25th§4, which establishes VP and part of Cabinet as triggers, includes a clause "or of such other body as Congress may by law provide." Thus Congress has the power to modify who triggers this. If, after time resolves Biden's status, it seems he should have ben removed earlier, Congress should look at this. To see how well the current system worked, and if it hadn't worked well to consider improvements. Ideally done on a bipartisan basis, although that may not be possible. If the current triggers didn't follow their responsibility, it is Congress's Constitutional responsibility to provide a more responsible alternative. And figuring out that may also require breeches of otherwise normal doctor-patient privacy.
tough talk + no action = weak noodle
Biden’s physician one of his past happy farm cell mates.
The physician - patient privilege is basic law, and even presidents have it.
Yes, a doctor cannot disclose a patient's condition. However, if the media had information that Joe Biden was rapidly declining mentally, and supported the lie that he is sharp as a tack, which until recently seems to be the case, there is a serious problem. If they only would do that for one party, they are a propaganda machine and in no way a news organization.
Yes, let it play out. Republicans should stand down.
Republicans except for Trump are a hindrance. They are worse than useless. Comer cannot help himself.
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