I feel Sorry for Burkes

[junior4949]

The guy didn't sneak into the hospital, steal medical documents, then disclose information within those documents. He walked up to an individual, asked what was wrong, then told people. The information went from personal protected information to public information when Burkes told him what was wrong with him. Unless the person posting is in a field with client privilege and Burkes is his client, there were no laws violated.

 

[Alamo City Husker]

The guy didn't sneak into the hospital, steal medical documents, then disclose information within those documents. He walked up to an individual, asked what was wrong, then told people. The information went from personal protected information to public information when Burkes told him what was wrong with him. Unless the person posting is in a field with client privilege and Burkes is his client, there were no laws violated.

:clap Amen! Preach on brother!

 

[In the Deed the Glory]

The guy didn't sneak into the hospital, steal medical documents, then disclose information within those documents. He walked up to an individual, asked what was wrong, then told people. The information went from personal protected information to public information when Burkes told him what was wrong with him. Unless the person posting is in a field with client privilege and Burkes is his client, there were no laws violated.

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.....

 

[HuskerJen]

The guy didn't sneak into the hospital, steal medical documents, then disclose information within those documents. He walked up to an individual, asked what was wrong, then told people. The information went from personal protected information to public information when Burkes told him what was wrong with him. Unless the person posting is in a field with client privilege and Burkes is his client, there were no laws violated.

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.

 

[HuskerJosh]

Pretty sure it's HIPAA guys. No, I have nothing of substance to add.

 

[huKSer]

Stay out of my medical records!

 

[NUance]

The guy didn't sneak into the hospital, steal medical documents, then disclose information within those documents. He walked up to an individual, asked what was wrong, then told people. The information went from personal protected information to public information when Burkes told him what was wrong with him. Unless the person posting is in a field with client privilege and Burkes is his client, there were no laws violated.

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.

:lol:

 

[NUance]

the dreaded double post :dunno

 

[C N Red]

I know lots of people are wondering what has happened to Burkes, I have an answer (somewhat).....My little cousin is good friends with Javario, He has heart problems and has lost 100+ pounds. Not sure what exactly is wrong but its not life or death

Thanks for the effort buddy, I hope they keep him on some sort of scholorship

Just an FYI for everyone, Jaivorio's problems are NOT heart related.

And even if they were, you shouldn't be posting about medical problems on an open forum. If/When Jaivorio and his family want to tell the public, they will.

:yeah

Even though medical issues seem to be taboo to the public now, unless you are his physician or are bound by HIPPA to him, then it's not illegal. If you want to say you don't like it then so be it, but otherwise there's really nothing wrong with it especially when it's just rumor.

All Right someone Pulling out the actual HIPPA Law instead of having a "emotional Assumption" of law, otherwise known as diarrea of the mouth. Man that kind of thinking bothers me it just like "why read a THOUSAND PAGE legistlative bill"? I mean its only 12 trillion dollars, we have plenty of trees to print paper still! Get your facts straight! Oh so its ok to spread rumors as long as it is not medically related? that is Stupid! What kind moral turpitude is that? Then everyone talking about what they heard concerning Michael Jacko would be sued. Man common sense is hard to buy these days. I guess then the STAR and Enquirer should just be shut down. THE GUY SAID HE WENT UP TO HIM AND ASKED AND HE TOLD HIM!!!!! I CAN SEE IF HE SAID KEEP IT ON THE DOWNLOW BUT HE DIDN'T!!! WHAT KIND OF BOX ARE PEOPLE LIVING IN?

I think am going to pull a G. Beck! LOL

JrzRhIiLQ08

I pulled out the HIPAA thing to show that if the guy who asked him got an answer and JB didn't say to keep it under wraps, that the guy did nothing wrong. HIPAA is for medical/employer/insurance/contract entities and doesn't apply to public knowledge. You may want to get your facts straight. I am a medical professional and have had to pass HIPPA tests, so if you are more of a expert in the area than I am, then I will just bow down to you and believe anything and everything you say. I never said it's not OK to spread rumors if it's medically related, I just said if you aren't his physician/medcial staff and not connected to him that way that there really isn't anything illegal about it. I think you need to go back and reread my original post, because you are actually agreeing with me although you seem to think we are on opposite ends of the debate.

 

[knapplc]

I pulled out the HIPPA thing to show that if the guy who asked him got an answer and JB didn't say to keep it under wraps, that the guy did nothing wrong. HIPPA is for medical entities and doesn't apply to public knowledge. You may want to get your facts straight. I am a medical professional and have had to pass HIPPA tests, so if you are more of a expert in the area than I am, then I will just bow down to you and believe anything and everything you say. I never said it's not OK to spread rumors if it's medically related, I just said if you aren't his physician/medcial staff and not connected to him that way that there really isn't anything illegal about it. I think you need to go back and reread my original post, because you are actually agreeing with me although you seem to think we are on opposite ends of the debate.

One would think a medical professional would know it's HIPAA, not "HIPPA." It stands for the Health Insurance Portability and Accountability Act.

Aside from that I agree that it's likely not illegal for this discussion. It may not be the most moral thing to do, but then again, if Burkes himself came out with the info it is no longer protected in any way by HIPAA.

 

[C N Red]

I pulled out the HIPPA thing to show that if the guy who asked him got an answer and JB didn't say to keep it under wraps, that the guy did nothing wrong. HIPPA is for medical entities and doesn't apply to public knowledge. You may want to get your facts straight. I am a medical professional and have had to pass HIPPA tests, so if you are more of a expert in the area than I am, then I will just bow down to you and believe anything and everything you say. I never said it's not OK to spread rumors if it's medically related, I just said if you aren't his physician/medcial staff and not connected to him that way that there really isn't anything illegal about it. I think you need to go back and reread my original post, because you are actually agreeing with me although you seem to think we are on opposite ends of the debate.

One would think a medical professional would know it's HIPAA, not "HIPPA." It stands for the Health Insurance Portability and Accountability Act.

Aside from that I agree that it's likely not illegal for this discussion. It may not be the most moral thing to do, but then again, if Burkes himself came out with the info it is no longer protected in any way by HIPAA.

HIPPA, HIPAA, whatever. I deal with so many abbreviations and acronyms every day I had made the dreaded two P's instead of two A's mistake. Let's try these abbreviations/acronyms, ASA, apap, po, prn, HCTZ, WPS, DMEPOS, qd, bid, qid, tid, qpm, qhs, etc, etc. I just wanted to let people know that telling people about someone else's medical problem that came from the horse's mouth isn't in violation of the person's medical privacy necessarily.

 

[BigRedfxtoy]

I pulled out the HIPPA thing to show that if the guy who asked him got an answer and JB didn't say to keep it under wraps, that the guy did nothing wrong. HIPPA is for medical entities and doesn't apply to public knowledge. You may want to get your facts straight. I am a medical professional and have had to pass HIPPA tests, so if you are more of a expert in the area than I am, then I will just bow down to you and believe anything and everything you say. I never said it's not OK to spread rumors if it's medically related, I just said if you aren't his physician/medcial staff and not connected to him that way that there really isn't anything illegal about it. I think you need to go back and reread my original post, because you are actually agreeing with me although you seem to think we are on opposite ends of the debate.

One would think a medical professional would know it's HIPAA, not "HIPPA." It stands for the Health Insurance Portability and Accountability Act.

Aside from that I agree that it's likely not illegal for this discussion. It may not be the most moral thing to do, but then again, if Burkes himself came out with the info it is no longer protected in any way by HIPAA.

HIPPA, HIPAA, whatever. I deal with so many abbreviations and acronyms every day I had made the dreaded two P's instead of two A's mistake. Let's try these abbreviations/acronyms, ASA, apap, po, prn, HCTZ, WPS, DMEPOS, qd, bid, qid, tid, qpm, qhs, etc, etc. I just wanted to let people know that telling people about someone else's medical problem that came from the horse's mouth isn't in violation of the person's medical privacy necessarily.

That is true, but it is still a very touchy gray line to be walking on.

 

[knapplc]

HIPPA, HIPAA, whatever.

Sorry. Just joshin' with you. The overall point you made is well received, though.

 

[BigWillie]

I am referencing BigWillie here, and other posters from another Nebraska site whom I've heard this information about probably a month ago, who, while not saying exactly the same thing as Willie, are saying things which are quite similiar.

Also, I do have some aquaintances in Lincoln who are not on this site who have been whispering some things about Javario. I don't really want to reference them because it's a "friend of a friend who's friends with this person type of deal. Not exactly reliable sources. Hence, the "thru the grapvine..."

Just for sake of clarification here ..

Jaivorio DOES have major medical problem. He HAS lost quite a bit of weight. However, it is NOT heart related.

But back to the OP -- my major problem with this thread is that a private medical issue is not something that should be posted on this forum. Jai's medical problems were known about early in this year. If he or his family wanted the public to know, he would allow the press to tell what they already know. However, he nor his family have done that.

I mean, if you have a friend who tells you something in private, do you take the opportunity to tell everyone else what was told? I'm sure if Jai had told you friend something this personal and he took the opportunity to tell something to a ton of people he did not even know, Jai would be quite PO'd and rightfully so. It's got absolutely nothing to do with HIPAA laws but just common courtesy to a friend to keep a conversation private.

Regardless, I can tell you that even if your buddy actually did have a convo with Jai (which I STRONGLY doubt) that what you were told is incorrect.

 

[Alamo City Husker]

I know lots of people are wondering what has happened to Burkes, I have an answer (somewhat).....My little cousin is good friends with Javario, He has heart problems and has lost 100+ pounds. Not sure what exactly is wrong but its not life or death

Thanks for the effort buddy, I hope they keep him on some sort of scholorship

Just an FYI for everyone, Jaivorio's problems are NOT heart related.

And even if they were, you shouldn't be posting about medical problems on an open forum. If/When Jaivorio and his family want to tell the public, they will.

:yeah

Even though medical issues seem to be taboo to the public now, unless you are his physician or are bound by HIPPA to him, then it's not illegal. If you want to say you don't like it then so be it, but otherwise there's really nothing wrong with it especially when it's just rumor.

All Right someone Pulling out the actual HIPPA Law instead of having a "emotional Assumption" of law, otherwise known as diarrea of the mouth. Man that kind of thinking bothers me it just like "why read a THOUSAND PAGE legistlative bill"? I mean its only 12 trillion dollars, we have plenty of trees to print paper still! Get your facts straight! Oh so its ok to spread rumors as long as it is not medically related? that is Stupid! What kind moral turpitude is that? Then everyone talking about what they heard concerning Michael Jacko would be sued. Man common sense is hard to buy these days. I guess then the STAR and Enquirer should just be shut down. THE GUY SAID HE WENT UP TO HIM AND ASKED AND HE TOLD HIM!!!!! I CAN SEE IF HE SAID KEEP IT ON THE DOWNLOW BUT HE DIDN'T!!! WHAT KIND OF BOX ARE PEOPLE LIVING IN?

I think am going to pull a G. Beck! LOL

JrzRhIiLQ08

I pulled out the HIPAA thing to show that if the guy who asked him got an answer and JB didn't say to keep it under wraps, that the guy did nothing wrong. HIPAA is for medical/employer/insurance/contract entities and doesn't apply to public knowledge. You may want to get your facts straight. I am a medical professional and have had to pass HIPPA tests, so if you are more of a expert in the area than I am, then I will just bow down to you and believe anything and everything you say. I never said it's not OK to spread rumors if it's medically related, I just said if you aren't his physician/medcial staff and not connected to him that way that there really isn't anything illegal about it. I think you need to go back and reread my original post, because you are actually agreeing with me although you seem to think we are on opposite ends of the debate.

Simme Down Now I am on your side maybe it I didn't communicate that as well as I should just trying to stay PC LOL. Don't want to be called a bigot or anything you know.