Posted on 02/16/2008 7:48:02 AM PST by ozzie
Sorry if this is a vanity or has been noted previously. I searched and didn't find anything. Just heard a report on MSNBC that Psychologist Kathryn Faughey was killed a few days ago by a man weilding a meat cleaver. This story was already posted, but what I just heard was that the police trail was cold because they have no name and are prohibited from reviewing her records. She only had 1000 patients, he had an appointment, but apparantly the police can't even look at her records without a court order which they are still !!! waiting for. Meanwhile this guy is probably 2000 miles away. On a day that Bush's FISA law lapses because of the dems inaction this seems to me a good metaphor for why you can't trust democrats with security issues.
You would think that someone in her office would accidently whisper a name to the officers while waiting for the court order.
It isn’t political correctness, it’s HIPAA, the Health Insurance Portability and Accountability Act, which made the law regarding patient privacy much more restrictive. The next time you visit your MD, ask him or her how much it costs to comply with HIPAA. Prepare to hear a tale of woe...
It’s a Clinton era law.
The cops have gotten some material such as her log book which is not covered by the law.
The other doctor in her office who was attacked actually saw the perp and agreed with the PD sketch as drawn, but so far as we know, hasn’t identified him. Even if that doc knows who the perp is who killed his associate and attacked him, he may be obliged to protect the identity of the perp under HIPAA.
Protecting a patient’s identity is almost as rigid on doctors now as it’s been historically on Catholic priests in the confessional. As I understand it, that part of HIPAA was designed to protect AIDS patients. It’s one helluva price to pay in this case.
However, there has to be a way to give enough information to the PD to determine who the perp is, if he’s a patient. Some have suggested he is a homeless person from the area, but his looks and demeanor on the film don’t fit the typical homeless man.
The other doctor in her office who was attacked actually saw the perp and agreed with the PD sketch as drawn, but so far as we know, hasn’t identified him. Even if that doc knows who the perp is who killed his associate and attacked him, he may be obliged to protect the identity of the perp under HIPAA.
Protecting a patient’s identity is almost as rigid on doctors now as it’s been historically on Catholic priests in the confessional. As I understand it, that part of HIPAA was designed to protect AIDS patients. It’s one helluva price to pay in this case.
However, there has to be a way to give enough information to the PD to determine who the perp is, if he’s a patient. Some have suggested he is a homeless person from the area, but his looks and demeanor on the film don’t fit the typical homeless man.
I love that show too.
It is neither political correctness nor Hippa.
Medical confidentialty protects the records, appt books, etc unless a court order deems otherwise.
A court order should be rapidly coming for the investigation.
Medical confidentialiy preceed HIPPA. All hippa does is codify what already exists. I do not know if the other doc is governed by it. But most people break it if needed and apologise later. Or someone whispers in the cops ears.
Protecting a patient’s identity is almost as rigid on doctors now as it’s been historically on Catholic priests in the confessional.
I work in ICU. There was a young patient on life support after a severe asthma attack. Her boyfriend was trying to get confirmation to her employer that she was not skipping work, but in despairate condition. They were going to fire her for not coming in to work - that would cancel her insurance. The hospital would not even confirm that the woman was a patient. There was no other next of kin located for several days.
>>Medical confidentialiy preceed HIPPA. All hippa does is codify what already exists.
cj, this simply isn’t true. High standards of confidentiality may have been universally practiced as a part of the professional code of ethics, but HIPAA is something else entirely. For example, a doctor would not be able to disclose information to me about my wife’s treatment unless she has explicitly permitted disclosure. Prior to HIPAA, this might or might not have been disclosed at the MDs discretion. Also, the recordkeeping burden expended greatly under HIPAA. Not only do staff have to be trained in HIPAA-compliant procedures, but anyone touching patient information - whether the provider, the payer, other company in the industry that comes in contact with patients - more or less has to have dedicated staff devoted to handling this information in a compliant fashion.
University shooter interested in ‘peace and social justice’
http://www.cnn.com/2008/US/02/15/university.shooting.suspect/index.html#cnnSTCVideo
Homicide investigations should trump any “confidentiality”.
Period.
This just isn’t true. HIPAA would be an issue with examining the patient’s medical records, but identifying the perp would be fine. And hospitals are still allowed to say if someone is a patient.
The problem is that HIPAA, like many idiotic regulations, is vague on specifics. Our office went through HIPAA compliance after the regulations were written, and none of the “experts” we consulted with could agree on what was legal and illegal.
My understanding in this case is that no one knew who the perp was.
Even if the investigators wanted to look at the appointment log, the worst case is that the office could call the patients on the list and get their permission.
We always think of the logical after the fact. Young singles, or anyone living far from next of kin, should have a current HIPPA-Compliant release on file, or give a close friend power of attorney. Under HIPAA, the hospital couldn’t share her medical information even with her parents, as I understand it.
I hope in the case you cited the young woman survived. I’ve had a child on life support more than once with severe asthma. Few understand how bad it can be.
And, assuming her survival, I would hope the company that would have fired her for being absent under those circumstances, thus cancelling her insurance coverage, meets its own life-threatening financial crisis.
Watching NYPD presser right now! You just don’t mess with NYPD when they’re on a mission .. so glad they got the perp.
May Dr. Fahey rest in peace.
As I said it codifies how confidential information is handled.
And I don’t know about your doc but docs never had the “discretion” to tell a spouse info without permission.
What Hippa does is extends the burden of confidentiality to all those incontact with pt information. And the record keeping is not that terrible.
Now, ask yourself, would you be willing to have your records looked at when you had nothing to do with the crime?
Doctor/patient privilege has always been around. HIPAA did make it more restrictive. In fact, it's made my job tougher. But the more I think about it, the more I agree with it.
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