Did Trump's doctor break the law?

[WinstonSmith4740]

During his interview, he made the statement that he knew Hillary Clinton's doctor, and had some knowledge of her medical history, and that it wasn't so good. (Can't find the full interview, but I'm sure we've all seen it.)

I thought medical records were sacrosanct. A person's medical history could not be released or even discussed, even with other doctors, without the person's permission. Bornstein making this claim means that Clinton gave her doctor permission to release her records to him, something I seriously doubt. Also, his public statement that her history wasn't that good has got to be a major breech of some kind.

While the fact that this doctor looks really sketchy (and who was that woman answering for him?), and he wrote this obvious "stream of consciousness" letter in five minutes is probably amusing to the media, aren't they overlooking a really big thing? (Oh, wait. What was I thinking? )

Anyhow, would really like some input on this? Did he break the law?

[Koinos]

1. I don't think he knows anything about Hillary's medical history.

Nor do I think he knows anything about Trump's physical and mental condition. Obviously, Trump paid him to sign the letter. There are doctors who will sign anything for the right price. In my opinion, Trump's doctor does not appear to be devoted to medical ethics.

Trump's doctor broke different laws.

[KittyWampus]

7. you are a master of understatement-

"In my opinion, Trump's doctor does not appear to be devoted to medical ethics".

[WinstonSmith4740]

9. I should have added "...or he's lying."

That was actually one of the options I was going to mention, but went off on a mental tangent!

This being the Trump campaign, I actually think that is the most rational answer. But he needs to be called on it. Hillary's doctor needs to come out NOW and deny he's ever had access to records. Either he's lying, or 2 doctors broke the law. An uncompromised press would be all over this.

[emulatorloo]

2. It isn't against the law to lie and make up bullshit

Obviously the guy is lying.

[physioex]

5. If he is licensed medical professional....

There can and should be consequences.

[Happyhippychick]

3. Actually 2 doctors broke the law

This asshole for saying what he did and Hillary's doctor for telling someone she is his patient and giving out her medical information.

Signed,
Someone in the medical field

[former9thward]

11. Since you are "Someone in the medical field"

please cite the specific "law" that was broken.

[uppityperson]

12. HIPAA. As well as illegal, it is very unethical to discuss someones health care issues with any

Last edited Sat Aug 27, 2016, 02:40 PM - Edit history (1)

one not in need of that info for their care.

[former9thward]

13. HIPPA covers release of medical records.

No release here. As far as ethics goes I see every news channel employ doctors who discuss people's medical conditions without ever examining them.

[Happyhippychick]

14. Geez you're snarky

It's called the Privacy Rule under HIPAA and dictates who can look at and receive your health information. The Privacy Rule applies to all forms of individuals' protected health information, whether electronic, written, or oral.

And P.S. It's not HIPPA Its HIPAA

and p.p.s. You are citing the Security Rule which covers issues with electronic records. The Privacy Rule covers discussion of other people's medical information which is protected under HIPAA.

[former9thward]

15. And nothing like that happened here.

[Happyhippychick]

16. A citizen cannot breach HIPAA, only a doctor can

So try again.

Obviously you don't know what you are talking about and I do, how long are you going to challenge me?

[uppityperson]

19. There is a huge difference between a TV person discussing someone's health and a heath care professi

professional saying they have seen medical records and what they contain.

Thank you for what you are writing here. Too many people do not understand privacy laws.

[Happyhippychick]

25. Sadly they don't. When that doctor said what he did about Hillary's health I was

startled. He knows better. And he knows he can get her doctor in much more trouble since he is the one who breached confidentiality.

[former9thward]

20. I did not make the allegation any law was broken, you did.

So try again. So far you have said nothing specific just generalities. And you have given no link to this doctor as far as what he exactly said.

[uppityperson]

21. Huh

[Happyhippychick]

24. Yeah, my reaction as well.

I love that picture too

[Happyhippychick]

23. I just don't know what you are trying to prove or disprove

I know what I'm talking about. You don't have to believe me, that's just fine with me. I'm quite secure and I have no desire or need to prove anything to you. its okay, really.

[uppityperson]

18. Every place I have worked has told us we are not to discuss anything with anyone who doesn't need to

know it in order to provide care. If we are out with other coworkers are also are not to talk about work because people in the community might overhear and gain info they are not privileged to have.

People are fired for breaking those rules and can be fined.

http://www.ama-assn.org/ama/pub/physician-resources/solutions-managing-your-practice/coding-billing-insurance/hipaahealth-insurance-portability-accountability-act/hipaa-violations-enforcement.page?

If Trump's gastroenterologist says he had access to Hillary's medical records and did not have her permission to do so, yes. That IS a HIPAA violation.


http://www.hhs.gov/hipaa/for-individuals/notice-privacy-practices/index.html
http://www.hhs.gov/hipaa/for-individuals/medical-records/

[underpants]

26. It's PHI and that is protected by HIPAA

Look it up

Signed,
Someone who used to work in the medical charity industry.

[former9thward]

30. No, I won't do your work.

You are making the allegation not me. I asked for a specific law --- that means its language --- not generalities interpreted by non-lawyers. So far no one has even given a link to the doctor in the OP as far as what he said or did. But a law was broken. Right ...

[underpants]

32. HIPAA & PHI

HIPAA and PHI

[former9thward]

34. Your link is to a laughable source.

I'm sure the DOJ will be right on that.

[uppityperson]

35. You must not be reading my full posts as there are many links, including to the legislation

Just as you asked.

[former9thward]

36. No you didn't.

I asked for the specific law and how that doctor violated that specific language. You just gave general links to the law as is usual by non lawyers trying to provide their own interpretation.

[uppityperson]

37. As you consider "laughable" a direct link to the legisllation, and official government site on HIPAA

and obviously do not care to use information about what the doctor said after being given info on where and when he said it, I am self deleting those and advise you to do your own research as it seems you do not care to accept any assistance.

[Happyhippychick]

17. You are correct

[Hoyt]

4. Probably a stretch because he likely knows no more than what has been in the media. And if there

were a violation where someone released protected patient information that the patient did not authorize, it would probably be Clinton's doctor, not this guy unless he's treating the patient. I doubt Clinton's doc did it unauthorized.

He's just an idiot and anyone with a lick of sense won't believe what he says about Trump or Clinton. Of course, Trump's supporters don't have a lick of sense.

Plus, it is a political campaign and people are going to give their opinion, no matter how far out there.

[unblock]

6. trump's doctor is staying mum. that letter clearly was written by a non-doctor.

most likely, trump himself.

in any event, while i'm neither a lawyer nor a doctor, i don't think it's against any law to lie about a patient's health *to non-patients*.

as long as the doctor can document that he gave trump himself proper medical advice, i don't see the legal problem. ethical problem, sure, but legal problem, no.

[Koinos]

8. Indeed, Trump paid for a signature.

[JustABozoOnThisBus]

22. "To Whom My Concern" ...

Maybe the letter was written by someone for whom English is a second language.

Does Trump know anyone like that?

[gwheezie]

28. I don't think any professional would

Address it that way. 1st of all, any modern medical.practice makes your medical records accessible to you and you determine who you give it to. Its not addressed to anyone That eliminates any kind of hipaa issue. To whom it may concern makes no sense.

[hunter]

29. The style of writing is clearly Trump's

Trump wrote the letter and when people called him on that he found a sketchy doctor to sign it.

It makes me wonder what sort of Surgeon General Trump would appoint.

[tymorial]

10. Yes and maybe

A patient's PHI (Protected Health Information) is private only to be used by those directly involved with patient care. A patient may wave privacy and allow phi to be shared with others but generally the patient must specifically authorize the release of that information and identify the individual(s) who will receive the medical record.

The letter in and of itself is not a violation of HIPAA privacy rules because Trump authorized its release. Whether the letter is legitimate is another issue entirely. I have worked in healthcare for 20 years both as a provider, infomatics consultant, and practice manager. I have known some providers who are so incompetent that I wouldn't let them take my weight. Still, I can't imagine even the worse of them writing a letter like this. I haven't been following closely but I would hope an ethics investigation by the board is going to take place.

I may be wrong but I believe that the letter would only be illegal if the information it contained:

was unauthorized (Trump clearly authorized its release)

contained information that was knowingly false and placed others at risk (example: an adult film star has their regular HIV test and they are positve but the provider knowingly falsifies the result to show as negative)

As for Hillary and Trumps statement that he has her information. If he does then someone absolutely broke the law and it may not be a physician. It is entirely conceivable that someone obtained access to her records and released the information. In a physician practice and/or hospital, many people may have access to patient charts because their position necessitates those privileges. You would probably be surprised just how many people can access your own phi at your primary care providers office.

[gwheezie]

27. Where I work we can't even say if a person is a patient

Each patient is given a privacy code, if someone calls or visits we ask if they have the patients code and if not we say I can neither confirm nor deny that person is here. It is up to the patient or designee to divulge the privacy code. The privacy code in no way is consent to release information it is only consent to acknowledge if the person is here.
Now if someone calls and doesn't have the code I will ask their name and number and give the information to the patient I don't want to be an asshole, I say I can neither confirm or deny that person is here but will take your contact information.

[mopinko]

31. where i work you cant even where your id badge

until you are in someone's home. just wearing your badge when you ring the door bell is enough to get you in hot water.

[WinstonSmith4740]

38. Thanks, Tymorial.

A patient's PHI (Protected Health Information) is private only to be used by those directly involved with patient care.

You and a few others here have quoted the PHI and HIPAA rules, and that's what I was looking for. I wasn't concerned about the goofy letter...Trump probably wrote it himself. My concern was Bornstein making the comment that he had seen Clinton's health records, and they weren't that good. I thought that had to be some kind of legal & ethical breech. Sounds like I was right.