HIPAA and lashon hara

[chayan]

Today in Psych clinical there was a patient who is a member of our community. The other frum nurse and I were discussing that even if not for HIPAA it would still be lashon hara to mention this to anyone.

It started me thinking. Is HIPAA covered by hilchos L"H? I.e. can you think of scenarios that would be violations of HIPAA but not L"H? Is disclosing private information about a person that they don't want publicized a violation of hilchos L"H?

[medic09]

Excellent question!

I've wondered about this a few times, but never really worked through it. HIPAA, for instance, is ultimately only concerned with patient confidentiality or privacy. HIPAA does not prevent me from giving report to an entitled caregiver, while doing so in a manner that demeans or embarrasses the patient. Clearly, our halachot concerning speech would prohibit that. Even there, the halacha allows for possibly passing on otherwise demeaning or embarrassing information if it may effect patient care. But one would have to be careful not to make faces or to dramatize the issues.

This is an interesting topic. We should try to develop it a bit.

[achot]

I think they are two separate entities, each focus on a goal that is totally unrelated to each other. If you are careful with Loshon Horo, it is good practice for perfecting your compliance with HIPAA. In general it is professional behavior to be careful what you say, how you say it, where and to whom ( or who will be overhearing).
Being careful with Loshon Horo is harder than complying with HIPAA.
OTOH, HIPAA would not allow me info into my own 18 year old sons medical file, while Halacha would clearly allow our doctor to share important information with me if it were in the childs interest.
Food for thought
Shabbat SHalom!

[medic09]

Achot, in the specific example of an adult child I think it could be potentially delicate what might or might not be allowed by way of informing you without your son's permission. If there is any consideration that he might be embarrassed, shamed, or simply object it might not be allowed as onaat d'varim, even if not directly lashon hara.

[achot]

Medic, you might be right, I was referring to my family where my kids routinely have me help with their errands and pick up prescription, doctors notes for all sorts of reasons or blood test results. If my son ASKS me to help him in this way, it is Halachically fine but HIPAA problematic.