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by JumpCrisscross 143 days ago
> are they harvesting citizens' health records illegally as part of this effort, and if so, when do those responsible see jail time?

I’m honestly curious if this would be a Privacy Act or HIPAA violation. The article seems to be unsure on this.
2 comments
creshal 143 days ago
They're unsure because a lot depends on the legal status of children born to non-citizen parents in the US after a executive order tried to revoke birthright citizenship: https://www.bmj.com/content/390/bmj.r1538

If that EO was legal, then sharing the data is, too. If it wasn't, then it's probably a privacy violation, but the CMS isn't allowed to make that call themselves, they have to rely on court decisions for it. And challenging EOs is not trivial.

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bonsai_spool 143 days ago
I’m also unsure, but I haven’t understood HIPAA to constrain governmental actions. It’s a short law so I will review it (not a lawyer all the same).
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