Is HIPAA Constitutional?

[candycorn]

HIPAA, in lay terms, ensures your medical records stay private.

Is this constitutional? If so...how?

I would hope it would be.

 

[EvilCat Breath]

Whether it is or not. It has to be. All this started because employees working in medical facilities were selling the medical information of celebrities. That was then. Now in today's world of spam imagine some little receptionist selling your medical information.

Whether it is constitutional or not, we need it.

 

[Asclepias]

HIPAA, in lay terms, ensures your medical records stay private.

Is this constitutional? If so...how?

I would hope it would be.

No. Its not constitutional but it is law. They wont make it constitutional because companies make big money selling all your other private information and undoubtedly that information would be included in any constitutional amendment.

 

[Windparadox]

`
HIPPA ( Health Insurance Portability and Accountability Act ) was passed by congress and signed into law in 1996. Insofar that any law can be challenged for its constitutionality, there have been no attempts to challenge HIPPA since its inception. Personally, I see nothing unconstitutional about it.

 

[candycorn]

`
HIPPA ( Health Insurance Portability and Accountability Act ) was passed by congress and signed into law in 1996. Insofar that any law can be challenged for its constitutionality, there have been no attempts to challenge HIPPA since its inception. Personally, I see nothing unconstitutional about it.

I'm just playing the devil's advocate here...where does the constitution limit what information can be collected and disseminated about you up to and including your medical records?

Here is one such ruling where the court, rightly so in my view, struck down a challenge to HIPPA.

U.S. Court In Texas Dismisses Constitutional Challenge To HIPAA Privacy Rules For Lack Of Subject Matter Jurisdiction

What will happen next time a challenge is made now that we have those favoring a strict reading of the Constitution; consequences be damned? I don't know. Hopefully this will be one area where we can agree that even if the constitution is silent on the matter, expectations of privacy should carry some weight.

 

[candycorn]

HIPAA, in lay terms, ensures your medical records stay private.

Is this constitutional? If so...how?

I would hope it would be.

No. Its not constitutional but it is law. They wont make it constitutional because companies make big money selling all your other private information and undoubtedly that information would be included in any constitutional amendment.

This is the basic danger of the strict reading of the document.

 

[Windparadox]

I'm just playing the devil's advocate here...where does the constitution limit what information can be collected and disseminated about you up to and including your medical records? Here is one such ruling where the court, rightly so in my view, struck down a challenge to HIPPA.U.S. Court In Texas Dismisses Constitutional Challenge To HIPAA Privacy Rules For Lack Of Subject Matter JurisdictionWhat will happen next time a challenge is made now that we have those favoring a strict reading of the Constitution; consequences be damned? I don't know. Hopefully this will be one area where we can agree that even if the constitution is silent on the matter, expectations of privacy should carry some weight.

`
Thanks for the info. I did a search as to why The Association of American Physicians & Surgeons and others brought a lawsuit against HIPAA and now I understand why; AAPS. This sheds a whole new light on the topic. I'll have to check more into this.

 

[sparky]

Patient confidentiality existed long before hippa

Hippa was created by the insurance cabal to slow down the continuity of care

~S~