Plasma Donor HIPAA and Privacy Concerns

If you've ever felt that your rights under HIPAA or that your privacy was violated while donating plasma, you are not alone. Plasma companies lobbied lawmakers claiming they are not medical providers and therefore are not subject to HIPAA, but our research suggests otherwise. We've seen deferral notifications that say "if you have any questions about your lab results call and ask to speak with one of our medical providers" which sounds like HIPAA to us because they are directing care to a medical provider based on a diagnosis. A licensed medical provider such as a doctor, nurse practitioner, or physician assistant conducts a pre-screening physical and records vitals and diagnostic info to your plasma records, which seems to us to be making and keeping "medical records."

We have found some lab results printed on your intake paperwork that are so old it makes some wonder if the lab tests used were even current. Your diagnostic data is being transmitted from the lab to the plasma center and to the National Donor Deferral Registry (NDDR). An electronic transfer of Protected Health Information (PHI) is a qualifying criteria for a Covered Entity under HIPAA.

We're documenting how plasma centers have refused or ignored requests from donors requesting their records be updated as is your right under HIPAA (45 CFR § 164.526) after a false positive test result caused a "deferral" but in reality it's a permanent ban.

A strong case is currently in a California court where a judge has accepted a donor's complaint that her plasma records at Grifols Plasma transmitted to the NDDR for showing a false positive HIV lab result not only prevented her from income derived from donating plasma but also prevents her from donating blood, donating organs, getting insurance, and getting employment. 

This is the kind of thing we're looking at and why we want to hear your story and have our legal consultant see what can be found in your records.