Best Kept Secrets of the OR #20- HIPAA still applies to immigrants

I cannot believe I have to write this.

The Health Insurance Portability and Accountability Act remains active for the immigrant population. You know the one that guides all of our interactions with patients? The one that if we breach it will lead to punitive action by your employer?

Yeah, that one.

Well, suppose the Immigration and Customs Enforcement comes to your hospital, and this has started. However, hospitals and churches were not overrun by ICE because there are reports of them coming to hospitals and asking about employees that may be illegal. In that case, HIPAA laws are still in effect.

What if they ask about patients?

HIPAA laws are still in effect.

Supposing the employee they are asking about is a patient of a doctor of the system, HIPAA laws are still in effect. And you can’t tell ICE anything without breaking the HIPAA law and policies.

This is a very scary time in this country. That should be acknowledged.

What should also be acknowledged is that this is a problem of their own making. Remember in 2024 there was a bipartisan law that passed one of the chambers and then was torpedoed by the other part of Congress? Because someone came out against it so he could run on immigration and border control? Remember that?

You might not. But look it up.

Misinformation is rampant and often used to their advantage. Don’t buy into their lies.

Make sure you take care of yourself.

And your patients.

Because that is why hospitals exist. To care for patients, no matter if they are from down the street or the next state or from somewhere else.

Hospitals and churches should be safe places. Schools, too, but we know what they think of that.