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Originally posted by Replaced_Texan
That last quoted section really, really pisses me off. That same Department of Justice is supposed to impose criminal sanctions under HIPAA, and HIPAA's privacy regs were specifically written to restore an expectation of privacy to individuals in an era when health care information is exchanged with multiple entities. This same DoJ is charged with prosecuting the criminal violations of the Privacy Rule, and they assert in a brief that there is no longer an expecation of privacy?
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Just curious, but is this a records-privacy fight, or an abortion-issue fight? I've subpoena'ed medrecs with the ID info blocked, with no real problem - if there's no danger of finding out who they are, and the request goes to issues having to do with facilities or procedures, what's the beef? Seems to me, the heart of the assertions in the challenge has to do with medical necessity, and that should be open to review, right? How else to examine the issue? And, where do you see a conflict if ID info is out?
