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#240185 - 04/24/07 06:53 AM HIPAA and Porn
Moxie Offline
Human Garbage

Registered: 06/23/06
Posts: 1557
Loc: New York
HIPAA and Porn (How AIM could violate federal law and why Sasha Grey should sue)


A couple of weeks ago Luke reported that Sasha Grey had anal warts. What a devestating blow that it is to her career. The two worst rummors 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 disclossing someone's medical records. Seems a bit upside down that authorites 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 perfornmer 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.
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#240186 - 04/24/07 07:49 AM Re: HIPAA and Porn
Happyhog Offline
Rob Black's Crack Pipe

Registered: 04/07/07
Posts: 92
Loc: temporarily retired due to eng...
[
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 perfornmer 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.





True, AIM may not legally be allowed to disclose a positive test, whether HIV or otherwise. Correct me if I'm wrong, but doesn't AIM simply provide the test results to the performer, who in turn must provide the test result to the production company on the day of the shoot?
I was under the impression that AIM is solely a testing facility and was not in the business of disclosing test results to the industry as a whole, rather to the individual.
Venereal warts, by the way, are contagious, but fortunately they are easily treated.

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#240187 - 04/24/07 09:40 AM Re: HIPAA and Porn
Ivor Biggun Offline
Kurt Lackwood's Fluffer

Registered: 10/09/04
Posts: 1176
Quote:

I was under the impression that AIM is solely a testing facility and was not in the business of disclosing test results to the industry as a whole, rather to the individual.




Customers sign a waiver allowing disclosure, that's the whole point of AIM.
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"If I were a guy, not swallowing would be a deal breaker. So what if you cook and clean? I can get a maid for that." - Gia Jordan

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#240188 - 04/24/07 10:02 AM Re: HIPAA and Porn
Moxie Offline
Human Garbage

Registered: 06/23/06
Posts: 1557
Loc: New York
Quote:

Quote:

I was under the impression that AIM is solely a testing facility and was not in the business of disclosing test results to the industry as a whole, rather to the individual.




Customers sign a waiver allowing disclosure, that's the whole point of AIM.




AIM's website says that you have to fill out a seperate waiver if you want someone to pick up the results for you. Its my understanding that you can ask for consent to disclose your medical condition, but you can't deny treatment or testing if someone doesn't want to waive privacy.
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#240189 - 04/24/07 11:20 AM Re: HIPAA and Porn
JRV Offline
Porn Jesus

Registered: 08/03/03
Posts: 5849
Loc: TX, USA
HIPAA waivers are slightly tricky as I recall, as a blanket waiver isn't allowed. I think it has to be for a defined group, for a limited time. I think "directors and other performers or their agents and for the period of time the person is performing in videos and for one year thereafter" would pass muster, but AIM has to check as even that might be too general.

I'm not sure AIM is covered by HIPAA: they aren't an employer and offer no coverage or other benefits, nor do they handle information for HIPAA-cover entities (i.e., data once covered by HIPAA would subject AIM to HIPAA rules if AIM acquired that data). Again, someone with a strong stomach has to read HIPAA and then figure out what AIM does that might be read there.
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#240190 - 04/24/07 12:28 PM Re: HIPAA and Porn
Ivor Biggun Offline
Kurt Lackwood's Fluffer

Registered: 10/09/04
Posts: 1176
Quote:

AIM's website says that you have to fill out a seperate waiver if you want someone to pick up the results for you. Its my understanding that you can ask for consent to disclose your medical condition, but you can't deny treatment or testing if someone doesn't want to waive privacy.




I don't know the legal specifics, but AIM's main purpose is to provide independently verifiable test results. It was set up after Marc Wallice faked his tests and infected several performers (including Tricia) in 1998. They may offer private tests too, but no-one works in this industry without full disclosure. It's too easy to forge a piece of paper.

I'm sure some of the industry folks here can tell you more.
_________________________
"If I were a guy, not swallowing would be a deal breaker. So what if you cook and clean? I can get a maid for that." - Gia Jordan

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#240191 - 04/24/07 12:52 PM Re: HIPAA and Porn
The Ghost Is Toast Offline
Whoremaster

Registered: 10/21/05
Posts: 2710
Quote:

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


A couple of weeks ago Luke reported that Sasha Grey had anal warts. What a devestating blow that it is to her career. The two worst rummors 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?





Ford. Luke Ford

I have yet to see any official disclosure regarding Ms. Grey's anal warts. Luke 'reported' (or, more likely, repeated) the story...it's not like he hasn't been completely wrong before. Playboy to buy AVN, anyone?

Then I recall Sasha's agent posted something over on AZT, standard damage limitation exercise (non-communicable, just taking a 'break' from anal scenes etc.), but it pretty much just threw more wood on the fire.

The question is who made the initial disclosure? Are you suggesting that someone at AIM blabbed? I think it's more likely the initial disclosure would have been some loose talk from either Sasha or her agent, but Luke was the first to put it 'in print', per se.

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#240192 - 04/24/07 01:17 PM Re: HIPAA and Porn
Moxie Offline
Human Garbage

Registered: 06/23/06
Posts: 1557
Loc: New York
Quote:

Quote:

AIM's website says that you have to fill out a seperate waiver if you want someone to pick up the results for you. Its my understanding that you can ask for consent to disclose your medical condition, but you can't deny treatment or testing if someone doesn't want to waive privacy.




I don't know the legal specifics, but AIM's main purpose is to provide independently verifiable test results. It was set up after Marc Wallice faked his tests and infected several performers (including Tricia) in 1998. They may offer private tests too, but no-one works in this industry without full disclosure. It's too easy to forge a piece of paper.

I'm sure some of the industry folks here can tell you more.




That's what AIM is "supposed to be set up for". I'm questioning whether it can legally follow through on that mission. JRV is absolutely correct that HIPAA would only come into play for patients paying with Insurance. But there are doctor-patient confidentiality rules which would prevent disclosure of patient medical information.

One way to get around it would be for the industry to provide health insurance to performers on the condition that they be permitted to share HIV positive's with production companies.
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"This thing is ready to do damage!"

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#240193 - 04/24/07 01:21 PM Re: HIPAA and Porn
Moxie Offline
Human Garbage

Registered: 06/23/06
Posts: 1557
Loc: New York
Quote:

Quote:

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


A couple of weeks ago Luke reported that Sasha Grey had anal warts. What a devestating blow that it is to her career. The two worst rummors 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?





Ford. Luke Ford

I have yet to see any official disclosure regarding Ms. Grey's anal warts. Luke 'reported' (or, more likely, repeated) the story...it's not like he hasn't been completely wrong before. Playboy to buy AVN, anyone?

Then I recall Sasha's agent posted something over on AZT, standard damage limitation exercise (non-communicable, just taking a 'break' from anal scenes etc.), but it pretty much just threw more wood on the fire.

The question is who made the initial disclosure? Are you suggesting that someone at AIM blabbed? I think it's more likely the initial disclosure would have been some loose talk from either Sasha or her agent, but Luke was the first to put it 'in print', per se.





Whoa! No. No. No. I have no idea who dimed out Sasha. But if I were her I would find out and sue them for millions. If it were here agent, wow, what a dumb fuck. If it was Sasha, well to borrow from King, "How Existenstial!"

The thought on AIM was just about the implications of doctor-patient confidentiality and HIPPA on the industry's doomsday plan.
_________________________
"This thing is ready to do damage!"

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#240194 - 04/24/07 01:55 PM Re: HIPAA and Porn
Ivor Biggun Offline
Kurt Lackwood's Fluffer

Registered: 10/09/04
Posts: 1176
Quote:

That's what AIM is "supposed to be set up for". I'm questioning whether it can legally follow through on that mission. JRV is absolutely correct that HIPAA would only come into play for patients paying with Insurance. But there are doctor-patient confidentiality rules which would prevent disclosure of patient medical information.




AIM can't oblige disclosure, they just provide the service. It's down to people in the industry to enforce disclosure by not accepting anything less.

Quote:

I have no idea who dimed out Sasha.



I do.
_________________________
"If I were a guy, not swallowing would be a deal breaker. So what if you cook and clean? I can get a maid for that." - Gia Jordan

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#240195 - 04/25/07 11:49 AM Re: HIPAA and Porn
just me Offline
ADT regular

Registered: 03/09/06
Posts: 13
Loc: Woodland Hills, CA
http://lukeisback.com/bloglukeisback/?p=178#more-178

This is my response to some of the questions that were posted.

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