Medical Privacy Concern

[gene02]

... simply because it's none of their damned business, and exposing that information and then having them requiring a doctor's note provides no medical advantage to you over NOT revealing the information, and getting your doctor's "approval" privately.

AND THAT'S What I'm talking about.

 

[RJP]

...in this case, we're talking about NOT voluntarily releasing one's own information - and one reason for this is precisely because you're not guaranteed under law that your information will remain private. Of course, a second reason is simply because it's none of their damned business, and exposing that information and then having them requiring a doctor's note provides no medical advantage to you over NOT revealing the information, and getting your doctor's "approval" privately.

Then you find an agency/instructor that doesn't require the information, or you do as someone else suggested: you go buy gear and wing it without certification. But you don't lie on the form. You "volunteer" to dive so you provide the information "voluntarily" - or you don't provide it at all. That just might mean you can't get training or certification from a particular agency or instructor.

 

[Teamcasa]

There's no grounds to invoke HIPAA here, you're voluntarily releasing you own information to a dive shop/instructor that is not a covered entity covered under HIPAA.

Remember, the H and I in HIPAA stands for "Health Insurance" and the act covers people who receive payments or reimbursement related to health insurance - health care providers, health plans, and organizations that process healthcare data for healthcare providers or health plans.

I did not say they would win. Just that a lawsuit using the same premise that created the need for HIPPA in the first place.

BTW, HIPPA also protects people from being forced to disclose their history to a prospective insurance company bidding coverage.

Health insurance companies always ask me if I know of any serious medical issues in my employee base before they bid on the coverage. I just write HIPPA on the form. After that, it is their choice to bid for my business or not. They always submit a bid.

 

[NudeDiver]

or you don't provide it at all.

Exactly.

 

[RJP]

Life is for living...some of us just have more or less time than others.

You've sort of swerved into my point...

I'm a DiveMaster who works with students as well as certified divers on a charter boat.

Your attitude is understandable from the romantic "bucket list" standpoint, but has total disregard for someone like me who is willing to risk my life to save your's. You have no right to knowingly do anything that could potentially reduce the amount of time I might have left.

Unfortunately, I have had occassion to put myself at risk to save another diver's life. Fortunately, the diver's life was saved and I was fine. But I can assure you if I should die or get hurt trying to save someone who shouldn't have been diving in the first place I'm gonna be really pissed.

At a minimum it would seem to be appropriate to let me know that - at least when it comes to diving - you have less regard for your life than I do. I could then make an informed decision about whether I'm gonna risk my life to save your's. (Don't worry, I'll still jump off the boat. But that's MY decision, not your's.)

 

[Radcat]

"Some information" is a good way to put it. Some they need, some they don't. Example- if I want to take that little blue pill that starts with a "V" that should be between me, my wife and the MD (who understands the potential affects on diving). Maybe you don't want everyone in the dive shop to know that, but to be in compliance with the rules you would need to list it.

 

[RJP]

I did not say they would win. Just that a lawsuit using the same premise that created the need for HIPPA in the first place.

Win? You'd have no standing to even file the suit, since YOU'VE released the information yourself. Hell, you'd be the defendent in the suit! (We're getting off topic of course.)

 

[RJP]

Exactly.

But then you don't complain about not being allowed to take a class or get certified.

 

[RJP]

"Some information" is a good way to put it. Some they need, some they don't. Example- if I want to take that little blue pill that starts with a "V" that should be between me, my wife and the MD (who understands the potential affects on diving). Maybe you don't want everyone in the dive shop to know that, but to be in compliance with the rules you would need to list it.

Or you could not dive. It's voluntary. No one is dragging you into the shop and holding you hostage until you provide your medical information.

 

[NudeDiver]

You have no right to knowingly do anything that could potentially reduce the amount of time I might have left.

Oh, now wait a minute. Did you not mention volunteering just above? You volunteered for this job. You might even volunteer to save someone. That's all on you, my friend.

Or you could not dive. It's voluntary. No one is dragging you into the shop and holding you hostage until you provide your medical information.

Or YOU could not dive. No one is dragging you into a shop and forcing you to work there.

You seem to be upset that even though someone might get clearance from their doctor and the thumbs up from DAN, they didn't tell YOU about whatever their condition may be. Sounds like a matter of being pissed off about being "left out of the loop" to me. If they go to the doctor and get a "clearance" then what difference does it make what they check on the form? How are they having any less regard for their own life, yours, or the life of anyone else in this instance?

Besides which, we "potentially reduce the amount of time" many different people "have left" every time we leave our house.