Eithan Haim, MD

2,869 Views | 48 Replies | Last: 7 days ago by Jack and DP
Jack and DP
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HOUSTON (AP) A Texas doctor who calls himself a whistleblower on transgender care for minors is accused of illegally obtaining private information on patients from the nation's largest pediatric hospital who were not under his care.

Federal prosecutors said Dr. Eithan Haim, a 34-year-old surgeon, snatched the information and shared it with a conservative activist with "intent to cause malicious harm" to Texas Children's Hospital in Houston.

https://apnews.com/article/texas-doctor-transgender-care-indicted-80f26e760bdf857c4728bd39e2fddc50
Frank Galvin
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Assuming he did the acts he was accused of, I don't understand the outrage. He broke the law. Why should he not be prosecuted?
Malbec
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Frank Galvin said:

Assuming he did the acts he was accused of, I don't understand the outrage. He broke the law. Why should he not be prosecuted?
Quote:

Under HIPAA, covered entities may disclose PHI under the following circumstances in relation to law enforcement investigations:
  • As required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests
  • To identify or locate a suspect, fugitive, material witness, or missing person
  • In response to a law enforcement official's request for information about a victim or suspected victim of a crime
  • To alert law enforcement of a person's death, if the covered entity suspects that criminal activity caused the death
  • When a covered entity believes that protected health information is evidence of a crime that occurred on its premises
  • By a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime

Frank Galvin
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My understanding is that at the time of the doctor's actions, providing "gender affirming care" in Texas was not illegal. What crime was he reporting?
Jack and DP
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Frank Galvin said:

Assuming he did the acts he was accused of, I don't understand the outrage. He broke the law. Why should he not be prosecuted?


Whistleblower
Frank Galvin
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See above. To get whistleblower protection you need to be reporting illegal activity. What illegal activity was he reporting?


Also, my understanding is that whistleblowers report the illegal activity to the government rather than the media.
muddybrazos
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Frank Galvin said:

Assuming he did the acts he was accused of, I don't understand the outrage. He broke the law. Why should he not be prosecuted?
I'm not a lawyer but if he didnt expose the name of the patients then how did he violate HIPAA? If I work at a hospital I have access to all patient info and as long as I do not violate their privacy then I haven't violated HIPAA, correct? If he said I have information that minors are receiving this care without specifically naming them then how did he commit a crime?
Frank Galvin
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I am a lawyer, but not a health care lawyer so don't take my word as definitive. My understanding is that the release of any information that identifies a patient, not just the name, violates HIPAA. Moreover even if he did not release identifying information he obtained it under false pretenses which is likely a crime by itself.

I am sure there are much more developed arguments on both sides. I am not saying the man is guilty. But I don't think it is outrageous to investigate anyone who obtains confidential medical information for political use.
ABC BEAR
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I've always wondered how many heavily armed agents it takes to arrest one unarmed surgeon leaving his house for work. Now I know.
Jack and DP
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historian
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A lot of good that would do if the government is pushing these barbaric procedures more aggressively than anyone.
“Incline my heart to your testimonies, and not to selfish gain!”
Psalm 119:36
Jack and DP
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Jack and DP
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Jack and DP
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