How binding is a non-disclosure agreement Trump's doctors sign? If a doctor releases information, what will happen?
Isn't there a point at which HIPAA privacy can be disregarded if the patient becomes a danger to himself or others? How will the officials charged with invoking the 25th Amendment know it's time to do so?
Some strange answers: The usually reliable babyboomer says "Non-Disclosure Agreement are signed in Employment Contract cases, not medical cases.". It was reported that when Pres Trump went to Walter Read last year that he had all the doctors who would treat him sign NDAs. Two doctors refused and they were taken off the case. Anonymous says HIPAA can be disregarded only if there is a court order or subpoena. How do you get those without disclosing the patient's condition to the court?
This question started out about NDAs and has branched out to HIPAA. Re. HIPAA, there are guardianship and conservatorship proceedings where someone, usually a concerned relative, starts a proceeding to have someone appointed to manage an allegedly impaired person's affairs. In criminal proceedings, a judge can order a mental health evaluation of a defendant to determine the defendant's ability to understand the charges and defend against them
. In Family Court, there is a proceeding to permanently terminate a parent's right to a child's custody because the parent is too mentally impaired to adequately care for the child. In these cases, a psychiatric report is released to the judge who shares it with the attorneys in the case. The psychiatrist may be called to testify.
I didn't expect I'd wind up answering a question I didn't ask. The original question remains unanswered.