An Interesting COVID/Journalism Students' Rights Story

[WriteThinking]

Here's a story of some student journalists, and their advisor, in trouble over a COVID-related story published at an L.A.-area high school.

I don't know enough about HIPAA-related regulations and privacy issues to be confident of my stance, but these journalists are standing behind their story, and actions, and, based on what I see here, I support them.

L.A. student journalists reported on an unvaccinated librarian. Now their advisor faces suspension

 

[JimmyHoward33]

If the library is closed bc the librarian isnt there then its fair game.

Perhaps it could've been written more vaguely to let the reader conclude her vaccination status but if the law center didnt feel that was necessary its probably not.

I have mixed feeling about outing ppl for vax status, but if the library is closed thats news and that comes first

 

[jr/shotglass]

I agree with Jimmy ... but I think legal probably should have dotted their I's on that one and vetted the story more completely.

 

[Mngwa]

I do not believe that is the HIPAA violation at all because no one involved here is a medical professional. Now, did the advisor disclose confidential employee records? I don't know and that would be a separate question.

But if there were x number of teachers out because they were unvaccinated, and the student journalists did the legwork and had an exact match in terms of numbers, then everyone who's unvaccinated is fair game. If that's going to be your approach to public health, then you need to own up to your behavior.

 

[maumann]

The state statute is perfectly clear. The principal and school district are using intimidation to get the journalism teacher/advisor to knuckle under. My guess is they think they can force her to decide between paying a lawyer to represent her or keep her mouth shut.

I have to believe there are wrongful termination lawyers who would jump at the chance to represent her. If the school district keeps pressing their luck, she's going to make a lot more money suing the district than teaching in it pretty soon.

The students did exactly what any good journalists do: They reported the facts. Notice the librarian or principal never mentions libel, because it's the truth. They just don't want the bad publicity.

If the people who run the school don't like it -- especially since it's a school not only named after a journalist but prides itself on teaching journalism -- lump it. The First Amendment doesn't just apply when it's convenient, baby.

 

[fossywriter8]

HIPPA forbids medical personnel from disclosing the information, not someone else.
Had a similar issue several years ago when a coach told me in a post-match interview why a player was missing from a postseason tournament.
I quoted her, and someone later complained it was a HIPPA violation that she told me and that the paper printed it. They were wrong on both counts.

 

[SixToe]

Even when informed about the actual HIPPA guidelines-restrictions, the aggrieved don't care and persist like these school admins. Or continue to hide behind it, as coaches do.

I don't want the journo advisor to lose her job but if she does, I hope she sues the shirt out of that librarian, principal and school system. That would be easy money.

 

[Sam Mills 51]

I do not believe that is the HIPAA violation at all because no one involved here is a medical professional. Now, did the advisor disclose confidential employee records? I don't know and that would be a separate question.

But if there were x number of teachers out because they were unvaccinated, and the student journalists did the legwork and had an exact match in terms of numbers, then everyone who's unvaccinated is fair game. If that's going to be your approach to public health, then you need to own up to your behavior.

Other employees who are not involved in the clinical care or treatment of the patient can commit a HIPAA violation. Patient Access employees, for example, are not involved in treatment, but they can commit HIPAA violations.

The hair to split is whether non-clinical hospital employees are considered "medical professionals."

 

[Mngwa]

Other employees who are not involved in the clinical care or treatment of the patient can commit a HIPAA violation. Patient Access employees, for example, are not involved in treatment, but they can commit HIPAA violations.

The hair to split is whether non-clinical hospital employees are considered "medical professionals."

None of these people are hospital employees. I understand that non-medical personnel in medical settings can violate HIPAA. This is not a medical setting. If there was a HIPAA violation, it wasn't committed by the newspaper. The question for the newspaper editor advisor is if there was a violation of employee records. Most employers have written guidelines for releasing personnel information.