Saturday, November 13, 2004
Copyright © Las Vegas Review-Journal

EDITORIAL: 'Privacy' law fails brave boy

Legislation so frightens health care workers they deny existence of trauma victim

Las Vegas Valley residents got an unusually harsh lesson this week on the evils of overregulation by the federal government.

Shiloh Edsitty, a 12-year-old Schofield Middle School student, likely witnessed the slaying of his mother early Monday and had the resolve to escape her killer despite having a knife stuck in his chest. Despite an outpouring of support from friends and the community, the boy spent more than two days at University Medical Center without having a single familiar face bedside.

The reason? The Health Insurance Portability and Accountability Act, legislation weighed down by vague protections of patient privacy.

Because of this federal law, UMC representatives maintained they could not acknowledge whether the boy was a patient at the county's only public hospital. Little League teammates, a former foster parent and countless mothers who wanted to hold the boy's hand were turned away.

Nothing in HIPAA specifically mandates such an absurd policy. But because the law allows penalties of up to $250,000 and 10 years in prison for the most flagrant violations -- the boy's attacker might spend less time incarcerated -- health care workers exercise caution to the point of paranoia when asked to release patient information.

Shiloh Edsitty should not have had to wait until Thursday, when relatives arrived in Las Vegas, to enjoy the company of a loved one.