HIPAA and Porn (How AIM could violate federal law and why Sasha Grey should sue)

Moxie blogs:

A couple of weeks ago Luke reported that Sasha Grey had anal warts. What a devastating blow that it is to her career. The two worst rumors you can start about a performer are that she has odor problems or a communicable STD. Some say warts are communicable, Sasha says hers are not. But if you were male talent, would you want to take the risk? If you’re watching Sasha do an anal scene, aren’t you now going to squirm? If after her performing career, is not her ability to engage in other sex based professions hurt? Who would be so callous as to make that information public?

You might be saying to yourself, aren’t people’s medical conditions a private matter? This isn’t my field of specialty, but I do see that the Health Insurance Portability and Accountability act of 1996 (HIPPA) prohibits disclosure of medical records by a number of covered entities, including employers. Under the act covered entities can be subject to civil and criminal penalties of up to 10 years in prison for wrongfully disclosing someone’s medical records. Seems a bit upside down that authorities had their hands tied in exchanging the Virginia Tech shooter’s medical records, but poor Sasha Grey has her medical condition splashed across the internet.

Now lets think of how this effects the adult industries plan to halt an HIV outbreak. AIM could be legally prevented from disclosing the medical records of a performer/patient unless given a waiver. So AIM could obtain a positive test and be legally prevented from disclosing that information to the industry unless given permission by the performer that tests positive. Only an absolute monster would try to hide a positive HIV test, but it is possible. AIM would then be forced to either break the law or watch helplessly as an HIV positive performer attempts to work.

4 thoughts on “HIPAA and Porn (How AIM could violate federal law and why Sasha Grey should sue)

  1. The important question is which porn stud was the one that gave it to her? We display the name of the person who contracts the disease but not the carrier who passed the disease on to her.

  2. Both the identity of the infected person and the person who gave it them would presumably be obtained as part of a medical history and neither can be disclosed without consent of the patient.

  3. Okay, I understand that. Here’s the thing. It was a meat puppet that infected Sasha in the first place. Okay, so his identity is private to us, that’s fine. But in the meantime, is this bastard free to infect as many starlets as possible?

  4. At the time that Sasha Grey was diagnosed as having anal warts, was there an industry wide alert to the male talent that they may have been infected or was it business as usual?

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