MEAWW.COM / NEWS / HEALTH

What is HIPAA privacy rule? Donald Trump Jr's Covid-19 news sparks war on health violations

'Last I checked, reporters aren’t medical professionals so they’re not covered by HIPAA,' a user wrote

Does the HIPAA privacy rule apply to reporters? US acting director of national intelligence Richard Grenell spurred a new debate after Donald Trump Jr’s Covid-19 diagnosis came in public. On Friday, November 20, Richard Grenell took to Twitter to accuse reporters of violating HIPAA by giving away ‘protected health information’. He wrote, “Reporters need to stop announcing protected health information. This is a violation of HIPAA rules.” Reporter Kyle Cheney replied by stating that the diagnosis was confirmed by Trump Jr's spokesperson.

The HIPAA Privacy Rule establishes national standards to protect individuals' medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically.  It enables patients from having sensitive medical information disclosed without their consent or knowledge.

Under Grenell’s tweet, a number of Journalists and reporters informed him that the information was confirmed by Donald Trump Junior’s spokesperson and “Only “covered entities” under HIPAA are precluded from releasing personal health info without permission. Reporters (& the public) are NOT included as “covered entities” & are free to disseminate (so long as they didn’t commit fraud to receive it)”, a user wrote. Brian Tyler Cohen, a YouTuber and podcaster wrote, “This is quite literally not a HIPAA violation.” Another user informed, “Last I checked, reporters aren’t medical professionals so they’re not covered by HIPAA.” To which Grenell replied, “lol. They can still violate the law.” While a user also reiterated, “1) HIS OWN SPOKESPERSON MADE THE DIAGNOSIS PUBLIC! 2) Reporters aren't covered by HIPAA”. 

The Palmer Report tweeted, “Trump stooge Ric Grenell says it's a HIPAA violation that Donald Trump Jr.'s coronavirus has become public. That's incorrect, unless the information was leaked by a medical professional, which is unlikely."

Kurt Alexander Eichenwald is an American journalist and a New York Times bestselling author of five books wrote, “Whenever I think it is impossible for you to show yourself to be dumber, you still manage it. The HIPAA privacy rule applies solely to "covered entities" under the law, such as medical providers and insurers.  Stop citing laws you are too ignorant to understand.”

Donald Trump Junior’s spokesperson has informed, “He's been completely asymptomatic so far and is following all medically recommended COVID-19 guidelines."