Hacker News new | ask | show | jobs
by oooyay 33 days ago
> The statute requires that a person knowingly circulate a false report. Combs says she was repeating what people told her. Gregory says she should have verified it with the hospitals first

It would be a violation of HIPAA for a medical system to disclose that to a private individual. The State Health Services or TCEQ would need to conduct that investigation and ask those questions. Both of those are state level agencies and would require significant momentum for a small town like Trinidad to trigger their attention. Ironically, it sounds like her social media post and the Streisand effect around it have triggered a TCEQ boil water notice and (likely) an investigation.

It is absolutely bizarre for a municipal or county law enforcement agency to take interest in this kind of thing. Texas Rangers and federal authorities should be looking at what triggered her arrest and whatever investigation came before it. That's assuming Greg Abbot, Dan Patrick, or Ken Paxton haven't totally compromised them at this point.

4 comments

> It would be a violation of HIPAA for a medical system to disclose that to a private individual.

If multiple people told her they were hospitalized then you could ask and answer about that in a general way without violating HIPPA. "Were the multiple cases of hospitalization due to water quality issues in the recent month?" As long as individual data isn't revealed then there is no violation. Which is obvious when you think about any generalized health statistics.

Which isn't to defend the Trinidad Police department, but to point out, if their concern was community awareness, then they could have asked any news outlet to do this same reporting as a matter of public interest.

Instead the police decide that it's better to use their limited resources to take a citizen into custody over factually ambiguous statements. We live in disappointing times so it's not hard to imagine a friend or colleague pressured the police into violating this woman's civil rights in an effort to shut everyone up about the sorry state of their infrastructure.

I was almost arrested a couple days ago because i walked to the nearest grocery store with my backpack on. I needed to visit a specialty shop nearby and put the goods in my backpack. I travel with a backpack. It holds my money, identification, nicotine, other odds and ends, some aleve, and also a foldable cane, an assistive device that I need when my bad knee goes out (tibial plateau). The store was willing to confiscate my bag for me, but are naturally not responsible if it all goes missing, or if the cash goes missing, or if my cards get skimmed, or if someone social engineers another employee into handing the bag to them. So in order to protect the stores green beans, I am ordered to forfeit all my personal property and identity information as well as my assistive device. When i refuse, they called the cops and attempted to insinuate over the phone to the cops that I "may have weapons" and "may be dangerous" even though I am just literally an austistic disabled person walking a mile to the store because it was too rainy to ride my motorcycle. In either case, I would be wearing a backpack. This is essentially the same as a woman carrying a purse. I am at a point I no longer want to participate in this society or even live amongst anyone here. I can no longer function except in full isolation apparently because everything I am, and everything I've done for four decades on this planet, is being attacked and criminalized with prejudice. I am constantly kicked out of stores for existing, i cannot go anywhere without people yelling at me or threatening violence against me. I despise existence and everyone that has enabled this society to become this way. There is nothing good here anymore.
HIPAA or not, I assume the hospital wouldn’t tell a private citizen anything concerning anyone else, just on general principles. There’s no FOIA or something like that to force them to.
But they don't have to disclose identifying information to say, "yeah, we've had more XYZ cases," or some other statistic. I'm not saying she should have to contact the hospital to exercise her right to free speech. I'm just saying that HIPAA doesn't mean healthcare institutions are a black box. I find that idea strange because I can immediately see how to ask questions to work around it while still protecting individuals.
> “…HIPAA doesn’t mean healthcare institutions are a black box.”

Ok, but it’s a sure-fire way to not answer any question you don’t like or if you are unsure of the person making the request—from the receptionist to the hospital administrator. A convenient “fig leaf” if you will.

In a more charitable view—if a hospital admin did disclose something they shouldn’t the consequences are legal. E.G. the context for answering has to be legal, or someone trained to answer your specific questions. Now, try to find that person and get an answer—crickets.

Texas is a quasi fascist state at this point. I wouldn’t hold your breath about Greg Abbott coming to the rescue. This type of interaction with their constituents is common now.
hippa is not that. well, it more than one person was involved.

it only prevents personably identifiable information to be shared with institutions that are not hippa compliant. nothing else.