California AB 2624 bill, the Ban Nick Shirley Law, rewards Government Inactivity at the expense of Citizen Journalism.

As a previous long time caregiver for my parents, there are compelling reasons to be alarmed by California AB 2624, the Anti Nick Shirley Law that appears to apply HIPAA rights to all "Healthcare Facilities". After I filmed an ER Nurse's refusal to recheck my Mother's blood oxygen level, a misapplication of HIPAA was used by the ER Nurse to call a false code gray on me, forcibly erase my video footage, and then forcefully discharge my elderly parent, a violation of her EMTALA rights, and she died as a direct result.  

 

AB 2624 appears to claim HIPAA laws must apply to persons who work at a healthcare facility, irrespective of their immigration status. What constitutes a healthcare facility according to California AB 2624, requires closer scrutiny than the bill implies.

 

The core issue AB 2624 appears to be addressing is a camera person cannot violate a person's HIPAA rights by BOTH filming an unwilling subject, AND then streaming that subject's face and or their address on the internet, without the subject's permission; because those combined actions could endanger the subject's safety, ruin their reputation, or both, without a judicial conviction, and thus the filmmaker could be fined up to $10,000 for filming and posting their research online. 

 

If the goal is to prevent Citizen journalists from filming on healthcare grounds, AB 2624 does not appear to clearly mention if the act of FILMING can generate a fine, or, if the Filmmaker must BOTH film AND then post the person's face, address, or both, online, without the subject's permission; to incur a fine.  

 

If the subject's face and address are blurred out, would AB 2624 still be used to fine the filmmaker?

 

AB 2624 also does not address if a fine remains enforceable once a subject has been charged with a crime. AB 2624 also does not discuss if the subject's face and address are blurred out, is posting the video online still a fineable event? 

 

There still remains one huge elephant and donkey in the room, AB 2624 incentivizes Governmental investigative inactivity, or just plain ambivalence, which effectively binds the hands of Citizen Journalists while subjecting the Citizen Journalist to $10,000 fines for doing what Government should be doing, cutting waste and preventing fraudulent use of taxpayer revenue.

 

 

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