[Genuine Realist]

HIPAA has to be one of the most commonly misunderstood laws, if not the most.

I'm too old and lazy to research HIPPA, but my instincts were that the failure to disclose on HIPPA grounds is wildly overstated. The excess of caution is typical of the way in which the modern privilege works out in practice.

Legislatures have responded to too many social developments in the last few decades by either (a) criminalizing them, (b) privileging them, or © both. Very few of these statutes are simple - usually they have exceptions, and exceptions to the exceptions, and so on. The drafters, more often than not legislative staff, move on, the statutes or regs are too complex to test in litigation, and the practical result is that everyone lives in a miasma of uncertainty.

The staff members at my daughter's residence aren't dumb. But their training is in caring for and treating disabled adults. They're not employed to parse legal privileges.  The simplest response is always to refuse to disclose anything. You never get into trouble that way, and you save legal fees. That with covid this does not lead to a good social result is literally not their problem.

In a different line, with vaccine distribution, I suggested birthday lottery on a KISS basis. Zip codes and employment categories are doubtless more directly equitable - but what you gain in equity, you lose - and more - in administrative complexity, particularly the necessity to react to potential fraud.

There's a lot to be said for KISS. If you ever discuss building codes with home builders, they'll complain about how arbitrary they are. You have to use so many 2x4's in  they typical bubble frame, with so many nails of such a weight, etc. It all could easily be different. But the practical result is that a building inspector can come onto the site, know what he (sic) is looking for, and do the inspection easily and inefficiently.

Simplicity would be useful even with privileges as sensitive as HIPPA.

[Genuine Realist]

HIPAA has to be one of the most commonly misunderstood laws, if not the most.

I'm too old and lazy to research HIPPA, but my instincts were that the failure to disclose on HIPPA grounds is wildly overstated. The excess of caution is typical of the way in which the modern privilege works out in practice.

Legislatures have responded to too many social developments in the last few decades by either (a) criminalizing them, (b) privileging them, or © both. Very few of these statutes are simple - usually they have exceptions, and exceptions to the exceptions, and so on. The drafters, more often than not legislative staff, move on, the statutes or regs are too complex to test in litigation, and the practical result is that everyone lives in a miasma of uncertainty.

The staff members at my daughter's residence aren't dumb. But their training is in caring for and treating disabled adults. They're not employed to parse legal privileges.  The simplest response is always to refuse to disclose anything. You never get into trouble that way, and you save legal fees. That with covid this does not lead to a good social result is literally not their problem.

In a different line, with vaccine distribution, I suggested birthday lottery on a KISS basis. Zip codes and employment categories are doubtless more directly equitable - but what you gain in equity, you lose - and more - in administrative complexity, particularly the necessity to react to potential fraud.

There's a lot to be said for KISS. If you ever discuss building codes with home builders, they'll complain about how arbitrary they are. You have to use so many 2x4's in  they typical bubble frame, with so many nails of such a weight, etc. It all could easily be different. But the practical result is that a building inspector can come onto the site, know what he (sic) is looking for, and do the inspection easily and inefficiently.

Simplicity would be useful even with privileges as sensitive as HIPPA.