AppId is over the quota
AppId is over the quota

A Florida judge said footage of Casey Anthony previously sealed during her trial because it was considered inflammatory could be released. The security video, which has no audio, was taken in the waiting area of a medical facility. It shows Casey Anthony rocking back and forth and struggling to catch her breath when she learns, from a television placed in the room, that remains had been found near the home of Anthony’s parents in Orlando. After collapsing, she immediately requests a meeting with her lawyer. At that point the remains had not yet been identified as Anthony’s daughter, Caylee, who had been missing for six months.

Prosecutors had argued that showing the video to jurors would help prove that Anthony knew the remains were that of Caylee, and was reacting to the negative impact this development would have on her case. They compared Anthony’s reaction in the video to another incident, in which Anthony had remained calm and unemotional when other remains, that turned out not to be Caylee, had been previously found.

Until Friday, the footage had been sealed. On Friday, Judge Belvin Perry ruled that the tape could be unsealed because, “The reason for sealing it—Ms. Anthony’s right to a fair trial—is no longer applicable because the trial has been completed and she has been acquitted of all charges other than lying to law enforcement officers.”

Anthony’s attorney, Jose Baez, argued that the tape should remain sealed, and that to unseal it would violate Anthony’s privacy under the Health Insurance Portability and Accountability Act (HIPAA), because Anthony was in a medical facility when the video was taken. Under the Act, patients have the right to privacy concerning their medical records and data.

Anthony was given a sedative in the waiting room after learning remains had been found. Baez argued that a videotape of Anthony receiving treatment in a medical facility violated her privacy.

Perry said that Anthony was not, in fact, in a medical facility. She was in a waiting room. The administration of the sedative did not transform the waiting room into a medical facility. Furthermore, Perry said the video could not be construed as medical data or medical records, and in no way related to the evaluation of Anthony’s physical or mental condition. And if that weren’t enough, Perry stated that Anthony was not entitled to privacy under HIPAA while in jail.

Know Your HIPAA Rights

While Baez’s argument didn’t hold much water in this situation, it’s important that you are aware of your own rights under HIPAA, especially if you’ve been in an accident and are dealing with insurance companies.

If an insurance company asks for information related to your diagnosis and treatment, it’s very important that you understand what they are entitled to, and what they are not.

Most of what you need to know is located in Title II of HIPAA, and specifically discusses Protected Health Information, which is defined as information about health status, provision of health care, or payment for health care. A New Jersey personal injury attorney can help you demystify this portion of HIPAA, so that your rights are protected.

You should already be somewhat familiar with the Privacy Rule, as doctors are now required to give you the privacy notification when you visit. Health insurers are also required to share the privacy notification with you when you sign on to your plan. There are four points to become familiar with.

A healthcare provider may disclose Protected Health Information to obtain treatment, health care operations, or payment, or if they have obtained authorization from the individual.A healthcare provider must notify patients of how their Personal Health Information will be used, and must make an effort to disclose only the minimum amount of information necessary to achieve its purpose.The healthcare provider must have a complaint process in place if the individual feels his or her Protected Health Information has been improperly distributed.If the patient feels the healthcare provider is not abiding the Privacy Rule, he or she can file an official complaint with the United States Department of Health and Human Services.

If you’ve recently been injured in an accident and believe that your HIPAA rights have been violated, you may be due civil penalties. Contact New Jersey accident attorneys to discuss your legal options.

View the original article here