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0 pointsoooyay1d ago0 comments

> 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.

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xp841d ago

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.

alsetmusic1d ago

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.

xtiansimon6h ago

> “…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.

themafia1d ago

> 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.

sbochins1d ago

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.

iririririr1d ago

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.

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