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How binding is a non-disclosure agreement Trump's doctors sign? If a doctor releases information, what will happen?
Isn't there a point at which HIPAA privacy can be disregarded if the patient becomes a danger to himself or others? How will the officials charged with invoking the 25th Amendment know it's time to do so?
Some strange answers: The usually reliable babyboomer says "Non-Disclosure Agreement are signed in Employment Contract cases, not medical cases.". It was reported that when Pres Trump went to Walter Read last year that he had all the doctors who would treat him sign NDAs. Two doctors refused and they were taken off the case. Anonymous says HIPAA can be disregarded only if there is a court order or subpoena. How do you get those without disclosing the patient's condition to the court?
This question started out about NDAs and has branched out to HIPAA. Re. HIPAA, there are guardianship and conservatorship proceedings where someone, usually a concerned relative, starts a proceeding to have someone appointed to manage an allegedly impaired person's affairs. In criminal proceedings, a judge can order a mental health evaluation of a defendant to determine the defendant's ability to understand the charges and defend against them
. In Family Court, there is a proceeding to permanently terminate a parent's right to a child's custody because the parent is too mentally impaired to adequately care for the child. In these cases, a psychiatric report is released to the judge who shares it with the attorneys in the case. The psychiatrist may be called to testify.
I didn't expect I'd wind up answering a question I didn't ask. The original question remains unanswered.
6 Answers
- Anonymous7 months ago
I'm amazed that a retired prosecutor (according to you) doesn't know this.
1 - Yes, if there is a Court Order or a Subpoena. Otherwise, no;
2 - I can't read minds so I don't know.
- babyboomer1001Lv 77 months ago
Non-Disclosure Agreement are signed in Employment Contract cases, not medical cases. Doctors work under HIPAA laws. They cannot reveal any patient's condition to anyone without specific authority of the patient, and it usually does not happen except to a spouse or close family member who may be making medical decisions for the patient.
Source(s): Certified Paralegal, with 25+ years' experience. - STEVEN FLv 77 months ago
NO SUCH agreement is signed. BY LAW, a doctor requires permission from the patient to reveal ANY medical information, including that the patient IS a patient.
If a doctor violates that law, they can lose their medical license AND face criminal charges.
- AnaLv 67 months ago
If you willingly signed an agreement and then breach it, then you aren’t the good guy or the victim in that situation. You would be the bad guy and it wouldn’t even make Trump look bad, it only makes YOU look bad because it shows the lack of moral character of Dems
- Anonymous7 months ago
He can be sued