SMVT attorneys quoted on HIPAA and social media
In Rockingham, a volunteer emergency responder claimed to have been suspended for sharing a story on his Facebook page. The story was related to a shooting in which the volunteer had been one of the first responders.
An article in the Daily Journal quotes SMVT attorneys Amanda Martin and Brandon J. Huffman:
Amanda Martin, general counsel for the North Carolina Press Association, says that simply linking to a story is different from publishing a story, something the law is “generally consistent” about.
“Applying the same principles would lead me to say that linking to a story could not give rise to a HIPAA violation,” she said.
Martin’s colleague at the Raleigh firm Stevens Martin Vaughn & Tadych, Brandon Huffman, said while the post “merely confirms” information about the patient, whether or not Robson violated HIPPA is “debatable.”
“In reality, if the information is already public, it is difficult to see how there is a privacy violation and I don’t think that sharing public information necessarily would be a HIPAA violation,” Huffman said.
However, he added that Robson’s commentary — “…first call of the day…” — “identifies and confirms the individual’s health care treatment.”
“Richmond County Rescue Squad is likely being extremely cautious because HIPAA can carry significant penalties,” Huffman said.