This statement is entirely accurate, HuskerJen you are looking at this as an employer allowing a person in the know (HR or management) openly discuss with others the health issues they are privy to of an employee.
In the social realm any and all things freely shared can be shared either by mouth or in print. By this same token, it would be illegal for anyone to report injury information if it didn't come in the form of a press release.
This is just not true, if it is freely offered it has entered the public domain and therefore is not in violation of HIPPA unless you are violating patient privilege. HIPPA does not concern those not bound by its guidelines, hence a person asking a question and getting a direct answer from source is in no way a violation and neither is the progression of it through the public forums be it media or a message board.
Sometimes we all get too caught up in legalities, hence the legal action against the home owner by the criminal who fell in the garage he broke into.....
You are right in that I was approaching this from a health information manager's perspective.
And to be honest, if Burkes did tell someone, presumably a friend, then the issue becomes a murky gray.
Still, there are civil protections in place, and they vary by state, where someone can sue if they have reason to believe that their private medical information has been disseminated by someone: friend, relative, acquaintance, etc, without their authorization and it falls under common law of invasion of privacy if I'm not mistaken.
Deed nailed this issue in his post above. HIPPA applies only to covered entities—hospitals, doctors, health care providers, their staff, and associates (companies that contract with them). Since Husker Jen appears to be the only one in this thread who is a “covered entity” it looks like she is the one going to jail.
Too bad Jen, I really do like your posts.