19072 Members
14 Forums
40358 Topics
614269 Posts
Max Online: 1680 @ Yesterday at 07:10 AM
|
|
|
#240185 - 04/24/07 06:53 AM
HIPAA and Porn
|
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.
_________________________
"This thing is ready to do damage!"
|
|
Top
|
|
|
|
#240189 - 04/24/07 11:20 AM
Re: HIPAA and Porn
|
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.
_________________________
"If they can't picture me with a knife, forcing them to strip in an alley, I don't want any part of it. It's humiliating." - windsock
|
|
Top
|
|
|
|
#240191 - 04/24/07 12:52 PM
Re: HIPAA and Porn
|
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.
|
|
Top
|
|
|
|
#240193 - 04/24/07 01:21 PM
Re: HIPAA and Porn
|
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!"
|
|
Top
|
|
|
|
|
|
0 registered (),
683
Guests and
3
Spiders online. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|