A Tool In Our Arsenal

We have a tool that we can fight discrimination and harassment in certain situations, where we are covered by HIPAA and it is a mighty weapon.

Prison Guards Made Fun Of Transgender Inmates And Released Their Medical Info In A Private Facebook Group
The groups⁠, both named “Behind the Walls” and followed by different spellings of “Illinois Department of Corrections," each have more than 4,000 members.BuzzFeedBy Emily HoernerOctober 17, 2019

CHICAGO — At least 25 Illinois Department of Corrections employees have taken part in online conversations that mocked, demeaned, or disclosed personal and medical information about transgender inmates — including calling transgender women “it” and “he” — in two private Facebook groups, an Injustice Watch review has found.

The posts were written by low-level officers, sergeants, lieutenants, and other correctional staffers — including a counselor and a parole officer — from across the state. The posts included comments degrading transgender women and outing other LGBTQ prisoners. They openly discussed private information about inmates, including alleged sexual acts and medical treatments they received.

Wednesday morning I gave a workshop to court employees and one of my slide I mention that we are covered by HIPAA.

We hate that we are in the DSM and the ICD-10 but they give us heavy artillery to use against the bigots.

HIPAA is the Health Insurance Portability and Accountability Act that was passed in 1996 and what it does is protect your privacy of your medical health records. You know it is all those forms you sign at your doctor’s office when you need to send your medical records to another healthcare provider.

And the law has teeth.

Criminal Penalties.  A person who knowingly obtains or discloses individually identifiable health information in violation of the Privacy Rule may face a criminal penalty of up to $50,000 and up to one-year imprisonment.  The criminal penalties increase to $100,000 and up to five years imprisonment if the wrongful conduct involves false pretenses, and to $250,000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer, or use identifiable health information for commercial advantage, personal gain or malicious harm.  The Department of Justice is responsible for criminal prosecutions under the Priv

You got that? The correctional officers can be fined up to $250,000 and 10 years in prison!

So do correction officers come under HIPAA?

Most likely according to Ultra Risk Advisors.

With respect to correctional healthcare, issues of breach of privacy/confidentiality are becoming more frequent additions to the broad allegations asserted in most complaints alleging breach of confidentiality.  At least in very narrow circumstances, these types of allegations might form the basis of a colorable Section 1983 claim that could withstand a motion to dismiss. And at least one court, in Michigan, has found that requirement of a showing of physical injury to be unconstitutional with respect to breach of privacy injuries. State laws may also provide more protection for the recipient of healthcare services than HIPAA.

HIPAA allows correctional facilities to obtain or use protected health information if necessary for providing health care to an inmate; for the health and safety of inmates, officers, or staff; and for administration and maintenance of the safety, security, and good order of the correctional institution. Section 45 C.F.R. 164.512 (k) (5) (i) of the code indicates grounds for which inmate medical information may be provided. Disclosing an inmate’s history may ensure the inmate’s health and safety and those of other inmates. Officers may need to know about an inmate’s seizures before placing the inmate in isolation. Disabilities may require accommodation and assistive devices, and inmate medication management may warrant recurring medical appointments. Medical conditions or certain medications could affect what tasks an inmate can perform safely. Staff needs to be aware of an inmate’s physical limitations while recovering from surgery. Many circumstances exist in which an inmate’s health and safety, coupled with the logistics of running a correctional institution, necessitate the correctional healthcare provider sharing health information.

Their transgender status is common knowledge but when the correctional officers posted that information on Facebook I believe that they broke HIPAA.

Also keep in mind that HIPAA applies to all healthcare facilities; nursing homes, hospitals, doctor’s offices, and all other healthcare facilities.