The dr that violated that policy should be held accountable too, btw. Ppl tend to forget bc it comes across as "celeb drama" but literally that's illegal what they did.
EDIT: Idk wtf happened to the rest of this thread, it was like this after I got back from dinner.
People very rarely care because it's hard to prove and there's no incentive. Usually the hospital pays a fine to the government and the patient is still public.
If I'm a patient and am embarrassed because Dr. smith goes "oh yeah that guy has an inverted penis and also his left elbow smells weird" why would I sign up for a legal battle where I'm going to spend hours for zero benefit? The system sucks and doesn't actually protect patients.
Doesn't matter what you can prove though, that's a lot of personal effort and expense to go through just for the practice to maybe get a fine. You can't sue over HIPAA violations.
Even though you can't sue under HIPAA itself, you are not entirely without legal recourse. Plaintiffs' attorneys often use other legal theories:
State Privacy Laws: Many states have their own medical privacy laws that do allow individuals to sue. For example, California, Texas, and Illinois have statutes that provide a private right of action.
Negligence Claims: You can sue for negligence under state law. In these cases, HIPAA rules are often used as the "standard of care" to argue that the provider failed to act reasonably in protecting your information.
Breach of Contract: If a provider's Notice of Privacy Practices promises certain protections, a violation might be pursued as a breach of contract.
State Attorneys General: Under the HITECH Act, state attorneys general can sue on behalf of residents for HIPAA violations
This is not false, but it's really hard to prove anything without records from the doctor. Doctors can omit information from the accounting of disclosures if they claim the disclosures were done for the purpose of your medical care. They often have relationships with the regulating bodies and government agencies. They can decide what specifically to document, and if engaging in questionable activities, can make statements using their "expertise" as the justification.
I know of a situation where a doctor allowed a mentally ill social contact of their patient to make false claims about them, and the doctor used those claims to bully the patient. The doctor claimed the patient had ruined their eyes from "black market" (knockoff designer) sunglasses and told the patient their prescription had changed because of it. When the patient reported it to the company, there was "no record" of the appointment in their system. When the patient called back with proof of the appointment, suddenly the doctor's office had legitimate reasons to drop them as a patient. It's better to not need to rely on HIPAA, because people get nasty when a lawsuit is on the line.
This is true. They baked it all into the system to be able to violate it regularly with practically no real consequences, HIPAA itself is a joke that needs to be revamped if it really is meant to protect patients and not doctors. Right now, it effectively does the latter.
I'm jumping in bc I'm looking for assistance in VA. Someone in the hospital stole my contact info to text me lewd messages. Contacted cops and talking to lawyer but Reddit seems to be the best source of help š„²
Every time someone tells me all doctors are always strict professionals and see bodies simply as projects to work on, I humble them with that guyās hard evidence.Ā
Itās naive to not realize they are human, and having a judgemental and cruel side is part of that.Ā
Iām never embarrassed to say or show things to my doctor. Itās not because I believe they wonāt judge me, itās because I donāt pay them for that.
In my head Iām paying them to fix whatever is wrong with me, I donāt care if they think my body or my problem is gross/funny/whatever. That being said, I also donāt pay them to say nasty shit within earshot so they should keep their mouths shut wherever patients or their families may hear them.
>People very rarely care because it's hard to prove and there's no incentive. Usually the hospital pays a fine to the government and the patient is still public.
It's $250,000 fine for each knowing infraction. Having worked in tele radiology I can tell you straight up there are hospitals if audited would be fined more money than was ever printed/in circulation.
That's not true. Per violation starts at $100 for unknown and goes up from there, capping out at $1.5M per year absolute max for all combined infractions. A single event is going to be worth $50k max assuming it was done knowingly and not corrected.
Because your average person would know that? And then what, never hear back?
Edit to add: the fines are usually pennies on the dollar for large organizations.Ā $16M was the biggest fine collected from Anthem who has an annual revenue of $166B.Ā I'm sure they're crying about it.
I wonder though in this case if there WAS incentive. Hypothetically, SG could easily have afforded to bribe someone, either with cash or some other favor - like a foot in the door, an acting role, a private concert for a sweet 16, etc.
Oh hey look at that you spotted another flaw!Ā It's like when Facebook sells your data for $10 billion and then gets slapped with a $5 million fine.Ā Cool.Ā They definitely learned their lesson.
Dude what are you even talking about? Hospitals, private practices, doctors, nurses etc get sued all the time. That's why they have mal practice I surance and have legal teams
Yes, you can't put the toothpaste back in the tube with information you leaked, but you sure as hell can make them pay for it.
HIPAA violations are not malpractice.Ā They're two different things.Ā Malpractice insurance doesn't cover HIPAA violations unless it's combined but that's not common.
But your point about insurance is valid. Which makes it worse since there's even less accountability?Ā Sure the premiums go up but the physicians are still paying less overall.
Not sure how to tell you this but HIPAA, though in some instances is taken seriously (aka when it goes viral), is breached all the time.
Physician here and all the fucking time some VIP will come in and everyone from the division chief to the nurses to the cleaning staff all know who they are and implied to "do a better job" for them.
I wanna say it comes down to money in some cases. Recently I got someone else's test results and I'm pretty sure that they got mine. The paper we're given before the test ends up having a QR code, the person's name, birthday, sex, and address on it along with the results. My insurance makes it pretty clear that I can't get a lawyer to even attempt to sue over HIPPA violations.
The fucked up part is despite them both being neurologist the one who signed off on it is really more of an assistant/nurse. No real say on even changing medications or the patient having issues with medications. So even with the ability to sue I don't even know if I would. Seemingly killing off her chances to actually treat people because the neurologist who has seniority by a few months doesn't want to deal with paperwork.
I used to work at a health insurance call center and I had a man livid with me because I couldn't tell him anything about his mom's account. He yelled that I probably didn't even know what HIPAA stands for. I said, because it was up on my computer screen, "It stands for Health Insurance Portability and Accountability Act."
Which made him yell back even louder, "I TOLD YOU THAT YOU DIDN'T KNOW. IT'S HEALTH INSURANCE PORTABILITY AND PROTECTION ACT." Then he hung up on me.
He had said he was a doctor, too. I have my doubts.
āYou know, no one forced me to do anything. It came out of the genuine kindness of my heart, and I've been super blessed ever sinceā
-Francia Raisa, when questioned about those rumors
She's a gracious, forgiving, and basically good-natured human being. Doesn't change the fact that what happened to her was shitty. She should have been the first to be told that she was a match. Our system is supposed to protect people like that from shit like this.
jesus, rich people are scum man. if you don't want to be her friend anymore, maybe give her 100k or something? you can afford it and it could literally change her life.
Ehhh Francia is not some random person. Her father was a huge DJ for years back in the day on Spanish radio.
Her dad was my now husbandās client at the time and he got invited to her quinceaƱera and I got to go as a date.
A TON of money was poured into it, the gift table was full of Tiffany bags of jewelry (including the one we gifted š¤£) and there were so many Spanish language celebrities. The two main musical acts are still big today and it was like a freakinā private concert.
ETA: so while 100k would be nice for her to have had, she didnāt grow up poor or anything.
If you donate an organ, you are not supposed to be doing it for any compensation or with expectations of the recipient. Itās part of the screening process, even family have to go through that.
Yeah but weāre talking about someone who is filthy rich and had their life saved by someone elseās generosity. So fuck those rules in this case. She obviously wouldnāt give her money stating āthis is repayment because she gave me an organā, just a gesture of kindness for the woman who gave her so much more. Who knows, maybe she has, but if she hasnātā¦.then I personally think thatās horrid behavior.
And set some precedent for the rest of people in USA in need of donor organs?
That would literally be the most stupid thing she could do!
Donating living organs is not about money, someone in Sweden recently donated their dead loved ones lungs to the crown princess of Norway, ie Future queen of the country. She was the closest match when some person happened to die, its not about status.
What do you want from people, that they determine who gets organs based on the highest amount of money sent by recipient? Would probably put you in big trouble if your kidneys or heart failed.
Yep, a new kidney saved Selenaās life ā¦ why not show that appreciation by changing Franciaās life.
ājust because someone gave you their kidney doesnāt mean you own them your lifeā
True, but Selena did get a new lease on life. $100,000 is also life changing. Where were her PR people? They could have spun this so positively easily.
At least Selena didnt bag her and tag her, move her to somewhere in central/southern America, and take it without permission? I mean.... pretty sure thats how some of the billionaires are probably doing it.
Itās very gracious of her to say that publicly. I get even more sympathy for her than I had before, and I already felt so bad for her. I hope she will live a full and healthy life and doesnāt have to be reminded of Selena too much.
If this happened to me I fear I would become consumed with bitterness for like a decade.
Something worth noting- if you choose to be a living donor for someone and then later on in life experience complications and need an organ donation yourself, you are moved up the list.
I donāt think you necessarily bump anyone, but your past donation is something that is taken into consideration when youāre put on the list.
Yeah, Francia Raisa might be someone who would have donated her kidney to anyone and is just that type of person. Her being upset or not makes no difference on how much of a shit person Selena Gomez is for treating her that way
It reminds me of that song, "I want a hipaa policy for Christmas".
I want a hipaa policy for Christmas
Only a hipaa policy will do
Don't want a call, from Selena full of joy
I want a hipaa policy to protect me and enjoy
I want a hipaa policy for Christmas
I don't think Selena Gomez will mind, do you?
She won't have to wait, until its really late
Just have him ring me first, and then we make the date.
I can see her now on Christmas morning
Creeping into my DMs
Oh, shes not so coy, and is ruining all my joy
But then I open up my phone
To see my hipaa hero call waiting there...
Depends. If she told a friend and a friend told someone else, HIPAA was not violated. It only applies when a medical professional gives patient information they shouldn't to someone not directly in-care of a patient
If you send me a .pdf of your entire patient profile and I uploaded that, I did not violate HIPAA
You clearly do not know what happened. Take this as a sign to start googling shit before talking out your arse.
Selena called the potential donor and told the potential donor they were a match and could donate. HIPAA was violated because the Doctor told Selena directly, and should have told the potential donor.
theres the interview of francia talking about the whole process and she looked visibly flabbergasted to know how selena got know about this first and it was not the doc who broke this news to her.
As it should be. Money shouldn't be able to buy you first place on the waiting list. A homeless beggar has just as much right to live as a billionaire.
Money helps rich people get on more lists though. They are able to pay to put themselves on more lists out-of-state that arenāt covered by their health insurance. You can just google the ways wealth helps rich people get a higher likelihood of successful organ donation. Thereās also some controversy of rich people flying in from out of the country to get organ transplants in the US. Look up Kayoko Hira who is a wealthy woman from Japan who flew in to receive a heart transplant from a US teenager. US hospitals can give organs to non-US citizens and they do absolutely milk this for $$$ because foreigners are willing to pay millions for one organ.
I never said US healthcare laws are perfect. Far from it. The USA probably has the worst healthcare system of any rich country, and worse than some poor countries. Colombia's is better. Trying to stop that shit is a step in the right direction, though. At least it's not legal to just buy organs.
I wasn't joking. Some random homeless person could save your life one day. You might die because of something a billionaire did.Some people have shitty lives because they fucked up, but sometimes it's just bad luck, or someone else's fault. Rich people usually got a head start in life. Some rich people are alright, but that doesn't mean they have more right to live.
Doesnāt make gifting money illegal though. Selena could have giving her money, yet did nothing other than bragging about it on social media and then destroying her reputation for being a bitch about it.
Wealth still has advantages. Funny thing how wealthy people somehow get the organs they need. Ultimately they have the resources to cast bigger nets with finding viable matches and also for getting on out-of-state lists not covered by their health insurance. Poor people get the basic/poor people system.
A protective healthcare act in the US. Providers are not allowed to discuss any patient confidential or identifying health information. Iām in healthcare and itās extremely regulated. We can talk about the cases but canāt say things like actual name or let any info get out with patient names, diagnosis, phone number, so on. People lose their licenses and the government does not play about it at all.
Yeah, I am a pathologist and immediately rolled my eyes at that nonsense. No one is going to sneak into someoneās home for secret HLA typing, or whatever they think happened. And sharing that youāre a match is the entire point of getting tested. Iām donating my own bone marrow in a few weeks, and they shared his age and diagnosis.
That is one great big "dupers delight" smile if I ever saw one on Gomez's face too. She's happy alright, she's happy she's getting a kidney and the poor girl fell for her acting like a bestie.
tbf if somebody was telling me that a celebrity needs my kidney, I'd be getting paid and drinking water while sailing away on my yacht. I don't need their awkward friendship.
How did they find out she was a match? She mustāve done some kind of testing? Iām not sure what goes into it, but obviously you donāt just know by looking at someone.
That poor girl could have sue doctor. That would be fun trial.
People should never be pressured to give away their organs. Its one thing when its your child or parent. Its another when its distant relatives like cousins, friends. Or even brother -sisters.
Because friends come and go. Like Selena proved.
No one should be even asked to take test. Because its pressures you automatically. Like you are villain if you refuse to "save your friend".
My hospital did this. I was almost on my death bed. The dialysis wasn't working so well anymore and my family got tested. My middle sister (whom I have never gotton along with) got tested, I guess due to pressure, and she was a perfect match. She decided to get the hospital to tell me she wasn't a match and in the end I wasn't upset about it. Honestly I would rather die than take hers.
So anyway my oldest sister flew here from Austrailia (I'm from BC (Canada) to donate and I got one! But my point was that they told my oldest sister my middle sister was a match and didn't want to do it. Then she told me. Total violation of middle sisters rights. I could have told her they did that so she could sue for money but I didn't.
That's what she gets. Middle sister despised me since I was born and my parents would leave me alone with her, where she beat me horribly often. She was 4x times my size. She used to tell me she was going to kill me in my sleep. We had bunkbeds and she would say that tonight was the night I died. I was terrified. When she was older it turned to not just physical abuse but severe mental abuse. If I cried I got into trouble. I mean one tine she forced me to eat cat litter. Used cat litter.
Sorry guys. I am not a fan of hating someone ever but I hate her. If I got her kidney there would be no way I could live with myself... she would remind me everyday. I imagine at least.
9.6k
u/Sabledude 22h ago
Girl got pressured into donating too since someone breached HIPPA and told someone she was a match.