Some bloggers are criticizing the “unnamed Atlanta medical official” who revealed Mr. Speaker’s identity:
We seem to agree that at least one of the anonymous sources who gave or confirmed the patient’s name to the media may have violated one or more laws. My thought was that the unnamed “Atlanta medical official” violated HIPAA if the patient’s identity was discussed within the official’s professional work related to the case. There’s no individual cause of action under HIPAA, but perhaps the patient’s lawyer could use HIPAA to establish standard of care that has been violated (should he want to sue; so far there has been no mention of it and this is just food for thought on my part).
Related posts:
- Andrew Speaker: Anticipating these events?
- TB and Andrew Speaker
- James Kim and privacy rules: Can HIPAA also lead to needless deaths?
- Patient blogs: A HIPAA nightmare?
- Andrew Speaker and socialized medicine
- How HIPAA harms patients
- Andrew Speaker getting sued
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HIPAA, . . . schmipaa. The guy had the equivalent of an international all-points bulletin issued for his detention. Who cares if anyone knew his name and when.
I was thinking that all along.. how could they release his name? Did he give them permission? What a terrible chain of events. In my opinion (which is of course limited b/c I am just an observer) is that the CDC royally screwed up and is trying to pin it on this poor man. Thankfully he is an educated person and knows what goes on and has the idea to tape the converstation that it was okay for him to fly. Someone screwed up and I do not think it was Andrew Speaker. I feel so bad for this guy!
NO HIPPA problems — clearly what the lawyer did by deliberately exposing others to the disease after he knew of a quarantine order against him is endangering the general public.
There are specific exclusions in the law to cover behavior like this. (I cannot quote the chapter and verse, but there are exclusions .)
Under such circumstances, it is essential to publicize his identity so that any person who may have come into contact with him can get tested, and if needs be, treatment.
There is no different between someone who has AIDS and who refuse to refrain from unprotected sex and then exposes others to the disease.
One person did that in upstate NY some years back, and ended up giving AIDs to many of his partners.
There is a compelling public interest to reveal his name so persons who may be accidentally exposed through his reckless behavior in many different countries can come forward to their health authorities and get tested.
In short, it’s a public health issue. It was/is in the public’s interest to know who this guy is and where he’s been so that you would have some idea whether you might be at risk.
Lt’s see if he sues the CDC.
It wouldn’t really matter if it was a HIPAA violation. Nobody has ever been prosecuted for a HIPAA violation.
Trackback – The story of a man with a very rare and hard-to-treat form of TB, who flew on many flights, potentially exposing other flight passengers to the disease has created quite a scene in the media and the medical blogging world.
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