If an inmate threatens to spit on a jail guard and the guard states I don't want to catch any of your diseases, is that a violation of the HIPAA laws 4 Answers as of January 02, 2015

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Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
I would think not for two reasons. First, HIPAA applies to information held in confidence by a medical professional. As the guard is likely not such a professional, HIPAA would like not come into play. Second, Due to the vague nature of the allegation, as opposed to the guard listing specific diseases, HIPAA is likely irrelevant.
Answer Applies to: Michigan
Replied: 1/2/2015
Michael Breczinski
Michael Breczinski | Michael Breczinski
No the person has committed an assault by threatening to spit at the person. An assault is a threatened battery that could be immediately done. The battery is the unlawful touching of another.
Answer Applies to: Michigan
Replied: 1/2/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
No, it is a fact which does not require and is not based on actual confidential knowledge.
Answer Applies to: Michigan
Replied: 1/2/2015
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
No. There must be more to this question why would you think it is?
Answer Applies to: Michigan
Replied: 1/2/2015
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