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38

As a short answer, guidance from the Department of Health and Human Services has clarified that HIPAA does not require hospitals to provide separate rooms. As a longer answer, HIPAA is very deeply misunderstood. It does not prohibit "leaking" patient information; it prohibits unreasonable and unpermitted disclosures of protected health information (PHI). ...


22

I'm not a lawyer or a medical professional, but on Wikipedia's page about DNR, we see the following quote: In the United States the documentation is especially complicated in that each state accepts different forms, and advance directives and living wills are not accepted by EMS as legally valid forms. If a patient has a living will that states the ...


14

No, this would not be considered a legal order. A DNR order proper is an order issued by a medical practitioner (at least in Maryland, this is a doctor, an APRN, or a physician's assistant), and has to take an extremely specific form (either a specific state-issued form, or a specific state-issued device like a bracelet). A "DNR" shirt can't serve as a DNR ...


13

There is a potentially infinite regress of questions regarding the constitutionality of restrictions imposed under these "emergency" circumstances. The basic legal principle is clearly established: laws restricting fundamental rights are subject to strict scrutiny. The specific details of a particular law and surrounding circumstances have yet to be ...


13

Public Health Law PBH §12(1) says Any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people of the state for a civil penalty of not to exceed two thousand ...


9

Section 29-A of Article 2-B of the Executive section of the New York Consolidated Laws: ...The governor, by executive order, may issue any directive during a state disaster emergency declared in the following instances: ... epidemic, disease outbreak ... Any such directive must be necessary to cope with the disaster and may provide for procedures reasonably ...


8

You don't specify what country's law you're interested in, but as you mention precedent, I'll assume you're interested in common-law jurisdictions such as the United States. The short answer is: you won't find any successful lawsuits such as you describe, at least not without some significant additional facts. In order to be subject to liability, a person ...


8

No. HIPAA places no limits on who you may share your medical records with - only on those with who your doctors (et al) can share. The HIV laws you refer to, place a positive obligation on you to share the information.


7

Short answer: Yes, you can get out. However, this will be harder than you may want it to be. You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by arbitration (or an arbiter), you need to know that going into this. Arbitration clauses usually stipulate that the landlord picks the ...


7

As an EMT, we are trained to only respect a legal document signed by the patient and his/her physician. Typically, there is a certain form approved by the state that must be filled out and signed such as a POLST. In general, we are trained that if there is any doubt, resuscitation should be attempted. The logic is that it is better to resuscitate a patient ...


6

According to an HHS guide entitled "Individuals’ Right under HIPAA to Access their Health Information", HIPAA does entitle you to access your medical records; however, the medical provider has 30 days to respond to your request. See the section on "Timeliness". So if the doctor wants to withhold the information until your appointment in 3 weeks, it looks to ...


6

I'm not a lawyer, but I am an NHS employee, and can more concretely answer your questions. Has any crime been committed, and if so, is there any point in pursuing this with the police? If so, how do I go about it? Yes, in-fact, several crimes have been committed. Firstly, NHS employees are prohibited from viewing patient's personal information that they ...


6

The state health codes applicable to food are here esp. ch. V and here. The primary focus of those health codes is preventing the introduction of toxic substances or pathogens. There is obviously no law against serving meat, nor is there any law against half-and-half pizza. The only possible prospect for a health law addressing your interest would be via the ...


6

Male circumcision is by default legal In France it requires the consent of both parents for children and the subject themselves if an adult. If performed for religious or cultural reasons the risks must be explained. If performed for medical reasons, all alternate therapies must be explained as well.


5

Does an employer have to provide drinking water to their employees? Yes they do; consult the Welfare at Work publication by the HSE. It is also stated in the Health and Safety at Work Act 1974 schedule 3 s10. Can you simply leave if your workplace's water supply stopped working? Not necessarily, I would consider factors such as time the workplace has ...


5

This article from 2007 indicates radio frequency identification microchips are not considered medical devices by Health Canada's Therapeutic Drugs Directorate, so there's no requirement to obtain licences for their sale or use. Health Canada spokesperson Carole Saindon says the devices do not have a therapeutic use, so they fall outside the ambit ...


5

Yes, encrypted personal data potentially still is personal data, so some prior thought is necessary. But are you a controller who is processing this personal data? Possibly not. This hinges on what kind of metadata you process, and whether the encryption happens under your authority, e.g. by a software that you provision. If all you can ever get is the ...


4

The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) may apply to you and provide certain rights. HIPAA does seem to cover part of this, though if it covers you particularly and the lab that performed the test is a separate question. On the Department of Health and Human Services website discussing HIPAA, they outline requirements ...


4

Where can the patient report this infraction of the HIPAA requirements? You file a complaint with the Office for Civil Rights (OCR). If you believe that a covered entity or business associate violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy, Security or Breach Notification Rules, you ...


4

Every State in the union has some form of involuntary mental health hold. Regardless of whether or not the patient claims it was an accident, it is incumbent upon the hospital or facility where the individual is held (which is typically at least 72 hours) to do an in-depth analysis of whether the person is a danger to themselves or others. While in this ...


4

I'm obviously not a lawyer, nor a UK national, but I'm thinking your options are to start with several documents and sites that guide people who wish to make complaints against the NHS. In reading the links posted below, there appear to be time limits (one year) from the time of the incident; and you'll need to make it clear early on that your complaint is ...


4

Aside from all else, it's a matter of practicality. For instance ADA requires government facilities to be wheelchair accessible, but many stations in the NYC subway are not because it's impossible - or to be more precise, impracticable. Your thesis that HIPAA requires separate rooms would require either require a) that hospitals instantly slash their ...


4

This is a question with a subjective answer, not a legal one. "Should I have to turn in my gun" legally, nobody is forced to turn in their guns because of mental illness. There are fourteen states in the United State that have laws to be able to seize weapons from mentally unstable individuals under what is known as "extreme risk protection orders(ERPOs)...


4

The law in Washington, RCW 70.245, redined "terminal illness" as an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. California law and Hawaii law say the same thing In Oregon, under ORS 127.505, the relevant term is "terminal condition", defines as ...


4

Hospitals in the US that receive federal funding (e.g., Medicare, Medicade, FCHIP, etc.) are required to provide language services under Title VI of the Civil Rights Act of 1964, 52 U.S.C. §2000d et seq to those persons of limited English proficiency who receive services. This US Government Department of Health & Human Services page notes: Persons with ...


4

Depending on the bleach, you could have just killed the customer, so why in hell are you worried about being sued (to which the answer is a solid “yes”, by the way)? Most bleaches are a horrific poison for which there is little recourse once swallowed - it can easily result in death or permanent life altering injuries. Being arrested for manslaughter or ...


3

The concept of "controlled substances" has a special meaning, and stems from the Comprehensive Drug Abuse Prevention and Control Act of 1970, resulting in Chapter 13 of Title 21. Ordinary presecription drugs are the result of an older act, the Federal Food, Drug, and Cosmetic Act, which is also implemented in Title 21. The basic distinction is the difference ...


3

Why would the FDA limit actionable material that may enhance treatment? Because the FDA has a bunch of regulations that say if you are going to sell a medical test you first have to prove that it is safe, accurate, and effective. The genome scan companies first had to prove that their genome scans were accurate and had sufficient quality controls built in....


3

To make a safe, legally-compliant and industry-compliant biomedical device, one must build that device to a certain set of standards. How do I find out what those standards even are? For one, start reading: http://www.fda.gov/MedicalDevices/ResourcesforYou/Industry/default.htm The FDA is one of the primary regulatory bodies that you will work with in ...


3

I don't like citing Wikipedia, but: The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person: possibly has a mental illness (as defined in the Baker Act). is ...


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